Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
CHAMBER ACTION
Senate House
.
.
1 . RC
. 05/03/2007 11:35:04
2 .
.
3 Floor: R/RM .
05/04/2007 10:30 AM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Webster moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Lines 34 through 37, delete those lines,
15
16 and insert:
17 Section 1. Section 1006.20, Florida Statutes, is
18 amended to read:
19 1006.20 Athletics in public K-12 schools in this
20 state.--
21 (1) GOVERNING NONPROFIT ORGANIZATION.--The Florida
22 High School Athletic Association is designated as the
23 governing nonprofit organization of athletics in Florida
24 public schools. If the Florida High School Athletic
25 Association fails to meet the provisions of this section, the
26 commissioner shall designate a nonprofit organization to
27 govern athletics with the approval of the State Board of
28 Education. The organization is not to be a state agency as
29 defined in s. 120.52. The Florida Private High School Athletic
30 Association is designated as the governing nonprofit
31 organization of athletics in Florida private schools. The
1
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 organization shall be subject to the provisions of s. 1006.19.
2 A private school that wishes to engage in high school athletic
3 competition with a public high school may become a member of
4 the organization. The bylaws of the organization are to be the
5 rules by which high school athletic programs in its member
6 schools, and the students who participate in them, are
7 governed, unless otherwise specifically provided by statute.
8 For the purposes of this section, "high school" includes
9 grades 6 through 12.
10 (2) ADOPTION OF BYLAWS.--
11 (a) Each The organization shall adopt bylaws that,
12 unless specifically provided by statute, establish eligibility
13 requirements for all students who participate in high school
14 athletic competition in its member schools. The bylaws
15 governing residence and transfer shall allow the student to be
16 eligible in the school in which he or she first enrolls each
17 school year, or makes himself or herself a candidate for an
18 athletic team by engaging in a practice prior to enrolling in
19 any member school. The student shall be eligible in that
20 school so long as he or she remains enrolled in that school.
21 Subsequent eligibility shall be determined and enforced
22 through the organization's bylaws.
23 (b) Each The organization shall adopt bylaws that
24 specifically prohibit the recruiting of students for athletic
25 purposes. The bylaws shall prescribe penalties and an appeals
26 process for athletic recruiting violations.
27 (c) Each The organization shall adopt bylaws that
28 require all students participating in interscholastic athletic
29 competition or who are candidates for an interscholastic
30 athletic team to satisfactorily pass a medical evaluation each
31 year prior to participating in interscholastic athletic
2
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 competition or engaging in any practice, tryout, workout, or
2 other physical activity associated with the student's
3 candidacy for an interscholastic athletic team. Such medical
4 evaluation can only be administered by a practitioner licensed
5 under the provisions of chapter 458, chapter 459, chapter 460,
6 or s. 464.012, and in good standing with the practitioner's
7 regulatory board. The bylaws shall establish requirements for
8 eliciting a student's medical history and performing the
9 medical evaluation required under this paragraph, which shall
10 include a physical assessment of the student's physical
11 capabilities to participate in interscholastic athletic
12 competition as contained in a uniform preparticipation
13 physical evaluation and history form. The evaluation form
14 shall incorporate the recommendations of the American Heart
15 Association for participation cardiovascular screening and
16 shall provide a place for the signature of the practitioner
17 performing the evaluation with an attestation that each
18 examination procedure listed on the form was performed by the
19 practitioner or by someone under the direct supervision of the
20 practitioner. The form shall also contain a place for the
21 practitioner to indicate if a referral to another practitioner
22 was made in lieu of completion of a certain examination
23 procedure. The form shall provide a place for the practitioner
24 to whom the student was referred to complete the remaining
25 sections and attest to that portion of the examination. The
26 preparticipation physical evaluation form shall advise
27 students to complete a cardiovascular assessment and shall
28 include information concerning alternative cardiovascular
29 evaluation and diagnostic tests. Results of such medical
30 evaluation must be provided to the school. No student shall be
31 eligible to participate in any interscholastic athletic
3
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 competition or engage in any practice, tryout, workout, or
2 other physical activity associated with the student's
3 candidacy for an interscholastic athletic team until the
4 results of the medical evaluation have been received and
5 approved by the school.
6 (d) Notwithstanding the provisions of paragraph (c), a
7 student may participate in interscholastic athletic
8 competition or be a candidate for an interscholastic athletic
9 team if the parent of the student objects in writing to the
10 student undergoing a medical evaluation because such
11 evaluation is contrary to his or her religious tenets or
12 practices. However, in such case, there shall be no liability
13 on the part of any person or entity in a position to otherwise
14 rely on the results of such medical evaluation for any damages
15 resulting from the student's injury or death arising directly
16 from the student's participation in interscholastic athletics
17 where an undisclosed medical condition that would have been
18 revealed in the medical evaluation is a proximate cause of the
19 injury or death.
20 (3) GOVERNING STRUCTURE OF EACH THE ORGANIZATION.--
21 (a) Each The organization shall operate as a
22 representative democracy in which the sovereign authority is
23 within its member schools. Except as provided in this section,
24 each the organization shall govern its affairs through its
25 bylaws.
26 (b) Each member school, on its annual application for
27 membership, shall name its official representative to the
28 organization. This representative must be either the school
29 principal or his or her designee. That designee must either be
30 an assistant principal or athletic director housed within that
31 same school.
4
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 (c) Each The organization's membership shall be
2 divided along existing county lines into four contiguous and
3 compact administrative regions, each containing an equal or
4 nearly equal number of member schools to ensure equitable
5 representation on the organization's board of directors,
6 representative assembly, and committee on appeals.
7 (4) BOARD OF DIRECTORS; FLORIDA HIGH SCHOOL ATHLETIC
8 ASSOCIATION.--
9 (a) The executive authority of the organization shall
10 be vested in its board of directors. Any entity that appoints
11 members to the board of directors shall examine the ethnic and
12 demographic composition of the board when selecting candidates
13 for appointment and shall, to the greatest extent possible,
14 make appointments that reflect state demographic and
15 population trends. The board of directors shall be composed of
16 16 persons, as follows:
17 1. Four public member school representatives, one
18 elected from among its public school representative members
19 within each of the four administrative regions.
20 2. Four nonpublic member school representatives, one
21 elected from among its nonpublic school representative members
22 within each of the four administrative regions.
23 3. Three representatives appointed by the
24 commissioner, one appointed from the two northernmost
25 administrative regions and one appointed from the two
26 southernmost administrative regions. The third representative
27 shall be appointed to balance the board for diversity or state
28 population trends, or both.
29 4. Two district school superintendents, one elected
30 from the two northernmost administrative regions by the
31 members in those regions and one elected from the two
5
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 southernmost administrative regions by the members in those
2 regions.
3 5. Two district school board members, one elected from
4 the two northernmost administrative regions by the members in
5 those regions and one elected from the two southernmost
6 administrative regions by the members in those regions.
7 6. The commissioner or his or her designee from the
8 department executive staff.
9 (b) A quorum of the board of directors shall consist
10 of nine members.
11 (c) The board of directors shall elect a president and
12 a vice president from among its members. These officers shall
13 also serve as officers of the organization.
14 (d) Members of the board of directors shall serve
15 terms of 3 years and are eligible to succeed themselves only
16 once. A member of the board of directors, other than the
17 commissioner or his or her designee, may serve a maximum of 6
18 consecutive years. The organization's bylaws shall establish a
19 rotation of terms to ensure that a majority of the members'
20 terms do not expire concurrently.
21 (e) The authority and duties of the board of
22 directors, acting as a body and in accordance with the
23 organization's bylaws, are as follows:
24 1. To act as the incorporated organization's board of
25 directors and to fulfill its obligations as required by the
26 organization's charter and articles of incorporation.
27 2. To establish such guidelines, regulations,
28 policies, and procedures as are authorized by the bylaws.
29 3. To provide an organization commissioner, who shall
30 have the authority to waive the bylaws of the organization in
31 order to comply with statutory changes.
6
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 4. To levy annual dues and other fees and to set the
2 percentage of contest receipts to be collected by the
3 organization.
4 5. To approve the budget of the organization.
5 6. To organize and conduct statewide interscholastic
6 competitions. The Florida High School Athletic Association may
7 not deny interscholastic competition between its members and
8 members of the Florida Private High School Athletic
9 Association. The two associations shall conduct annual state
10 interscholastic championship competitions for each sport and
11 competition level offered at their member schools, which may
12 or may not lead to state championships, and to establish the
13 terms and conditions for these competitions.
14 7. To act as an administrative board in the
15 interpretation of, and final decision on, all questions and
16 appeals arising from the directing of interscholastic
17 athletics of member schools.
18 (5) REPRESENTATIVE ASSEMBLY; FLORIDA HIGH SCHOOL
19 ATHLETIC ASSOCIATION.--
20 (a) The legislative authority of the organization is
21 vested in its representative assembly.
22 (b) The representative assembly shall be composed of
23 the following:
24 1. An equal number of member school representatives
25 from each of the four administrative regions.
26 2. Four district school superintendents, one elected
27 from each of the four administrative regions by the district
28 school superintendents in their respective administrative
29 regions.
30 3. Four district school board members, one elected
31 from each of the four administrative regions by the district
7
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 school board members in their respective administrative
2 regions.
3 4. The commissioner or his or her designee from the
4 department executive staff.
5 (c) The organization's bylaws shall establish the
6 number of member school representatives to serve in the
7 representative assembly from each of the four administrative
8 regions and shall establish the method for their selection.
9 (d) No member of the board of directors other than the
10 commissioner or his or her designee can serve in the
11 representative assembly.
12 (e) The representative assembly shall elect a
13 chairperson and a vice chairperson from among its members.
14 (f) Elected members of the representative assembly
15 shall serve terms of 2 years and are eligible to succeed
16 themselves for two additional terms. An elected member, other
17 than the commissioner or his or her designee, may serve a
18 maximum of 6 consecutive years in the representative assembly.
19 (g) A quorum of the representative assembly consists
20 of one more than half of its members.
21 (h) The authority of the representative assembly is
22 limited to its sole duty, which is to consider, adopt, or
23 reject any proposed amendments to the organization's bylaws.
24 (i) The representative assembly shall meet as a body
25 annually. A two-thirds majority of the votes cast by members
26 present is required for passage of any proposal.
27 (6) PUBLIC LIAISON ADVISORY COMMITTEE; FLORIDA HIGH
28 SCHOOL ATHLETIC ASSOCIATION.--
29 (a) The organization shall establish, sustain, fund,
30 and provide staff support to a public liaison advisory
31 committee composed of the following:
8
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 1. The commissioner or his or her designee.
2 2. A member public school principal.
3 3. A member private school principal.
4 4. A member school principal who is a member of a
5 racial minority.
6 5. An active athletic director.
7 6. An active coach, who is employed full time by a
8 member school.
9 7. A student athlete.
10 8. A district school superintendent.
11 9. A district school board member.
12 10. A member of the Florida House of Representatives.
13 11. A member of the Florida Senate.
14 12. A parent of a high school student.
15 13. A member of a home education association.
16 14. A representative of the business community.
17 15. A representative of the news media.
18 (b) No member of the board of directors, committee on
19 appeals, or representative assembly is eligible to serve on
20 the public liaison advisory committee.
21 (c) The public liaison advisory committee shall elect
22 a chairperson and vice chairperson from among its members.
23 (d) The authority and duties of the public liaison
24 advisory committee are as follows:
25 1. To act as a conduit through which the general
26 public may have input into the decisionmaking process of the
27 organization and to assist the organization in the development
28 of procedures regarding the receipt of public input and
29 disposition of complaints related to high school athletic and
30 competition programs.
31 2. To conduct public hearings annually in each of the
9
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 four administrative regions during which interested parties
2 may address issues regarding the effectiveness of the rules,
3 operation, and management of the organization.
4 3. To conduct an annual evaluation of the organization
5 as a whole and present a report of its findings, conclusion,
6 and recommendations to the board of directors, to the
7 commissioner, and to the respective education committees of
8 the Florida Senate and the Florida House of Representatives.
9 The recommendations must delineate policies and procedures
10 that will improve the implementation and oversight of high
11 school athletic programs by the organization.
12 (e) The public liaison advisory committee shall meet
13 four times annually. Additional meetings may be called by the
14 committee chairperson, the organization president, or the
15 organization commissioner.
16 (7) APPEALS.--
17 (a) The organization shall establish a procedure of
18 due process which ensures each student the opportunity to
19 appeal an unfavorable ruling with regard to his or her
20 eligibility to compete. The initial appeal shall be made to a
21 committee on appeals within the administrative region in which
22 the student lives. The organization's bylaws shall establish
23 the number, size, and composition of the committee on appeals.
24 (b) No member of the board of directors is eligible to
25 serve on the committee on appeals.
26 (c) Members of the committee on appeals shall serve
27 terms of 3 years and are eligible to succeed themselves only
28 once. A member of the committee on appeals may serve a maximum
29 of 6 consecutive years. The organization's bylaws shall
30 establish a rotation of terms to ensure that a majority of the
31 members' terms do not expire concurrently.
10
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 (d) The authority and duties of the committee on
2 appeals shall be to consider requests by member schools
3 seeking exceptions to bylaws and regulations, to hear undue
4 hardship eligibility cases filed by member schools on behalf
5 of student athletes, and to hear appeals filed by member
6 schools.
7 (e) A student athlete or member school that receives
8 an unfavorable ruling from a committee on appeals shall be
9 entitled to appeal that decision to the board of directors at
10 its next regularly scheduled meeting or called meeting. The
11 board of directors shall have the authority to uphold,
12 reverse, or amend the decision of the committee on appeals. In
13 all such cases, the decision of the board of directors shall
14 be final.
15 (8) AMENDMENT OF BYLAWS.--Each member school
16 representative, the board of directors acting as a whole or as
17 members acting individually, any advisory committee acting as
18 a whole to be established by the organization, and the
19 organization's commissioner are empowered to propose
20 amendments to the bylaws. Any other individual may propose an
21 amendment by securing the sponsorship of any of the
22 aforementioned individuals or bodies. All proposed amendments
23 must be submitted directly to the representative assembly for
24 its consideration. The representative assembly, while
25 empowered to adopt, reject, or revise proposed amendments, may
26 not, in and of itself, as a body be allowed to propose any
27 amendment for its own consideration.
28 (9) RULES ADOPTION.--The bylaws of the organization
29 shall require member schools to adopt rules for sports, which
30 have been established by a nationally recognized sanctioning
31 body, unless waived by at least a two-thirds vote of the board
11
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 of directors.
2 (10) BOARD OF DIRECTORS; FLORIDA PRIVATE HIGH SCHOOL
3 ATHLETIC ASSOCIATION.--
4 (a) The executive authority of the organization shall
5 be vested in its board of directors. Any entity that appoints
6 members to the board of directors shall examine the ethnic and
7 demographic composition of the board when selecting candidates
8 for appointment and shall, to the greatest extent possible,
9 make appointments that reflect state demographic and
10 population trends. The board of directors shall be composed of
11 16 persons, as follows:
12 1. Four public school representatives, one elected
13 from among its public school representative members within
14 each of the four administrative regions for public schools.
15 2. Four nonpublic member school representatives, one
16 elected from among its nonpublic school representative members
17 within each of the four administrative regions for public
18 schools.
19 3. Three representatives appointed by the
20 commissioner, one appointed from the two northernmost
21 administrative regions and one appointed from the two
22 southernmost administrative regions. The third representative
23 shall be appointed to balance the board for diversity or state
24 population trends, or both.
25 4. Two school headmasters, one elected from the two
26 northernmost administrative regions by the nonpublic school
27 members in those regions and one elected from the two
28 southernmost administrative regions by the nonpublic school
29 members in those regions.
30 5. Two nonpublic school governing board members, one
31 elected from the two northernmost administrative regions by
12
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 the nonpublic school members in those regions and one elected
2 from the two southernmost administrative regions by the
3 nonpublic school members in those regions.
4 6. The commissioner or his or her designee from the
5 department executive staff.
6 (b) A quorum of the board of directors shall consist
7 of nine members.
8 (c) The board of directors shall elect a president and
9 a vice president from among its members. These officers shall
10 also serve as officers of the organization.
11 (d) Members of the board of directors shall serve
12 terms of 3 years and are eligible to succeed themselves only
13 once. A member of the board of directors, other than the
14 commissioner or his or her designee, may serve a maximum of 6
15 consecutive years. The organization's bylaws shall establish a
16 rotation of terms to ensure that a majority of the members'
17 terms do not expire concurrently.
18 (e) The authority and duties of the board of
19 directors, acting as a body and in accordance with the
20 organization's bylaws, are as follows:
21 1. To act as the incorporated organization's board of
22 directors and to fulfill its obligations as required by the
23 organization's charter and articles of incorporation.
24 2. To establish such guidelines, regulations,
25 policies, and procedures as are authorized by the bylaws.
26 3. To provide an organization commissioner, who shall
27 have the authority to waive the bylaws of the organization in
28 order to comply with statutory changes.
29 4. To levy annual dues and other fees and to set the
30 percentage of contest receipts to be collected by the
31 organization.
13
11:43 AM 05/01/07 h0461e1c-09-r3f
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 461, 1st Eng.
Barcode 935344
1 5. To approve the budget of the organization.
2 6. To organize and conduct statewide interscholastic
3 competitions.
4 7. To act as an administrative board in the
5 interpretation of, and final decision on, all questions and
6 appeals arising from the directing of interscholastic
7 athletics of member schools.
8 (11) RANDOM DRUG TESTING PROGRAM.--
9
10 (Redesignate subsequent sections.)
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 Line 3, after the semicolon,
16
17 insert:
18 creating the Florida Private High School
19 Athletic Association; providing for
20 organization, powers, and duties of the
21 association; creating a board of directors and
22 providing powers and duties of the board;
23 providing for annual interscholastic
24 competition championships between public and
25 nonpublic high schools for each sport and
26 competition level offered in public and private
27 high schools in this state;
28
29
30
31
14
11:43 AM 05/01/07 h0461e1c-09-r3f