CS/HB 461

1
A bill to be entitled
2An act relating to high school athletics; amending s.
31006.20, F.S.; requiring the Florida High School Athletic
4Association to facilitate a 1-year drug testing program to
5randomly test certain students for anabolic steroid use;
6requiring schools to consent to the provisions of the
7program as a prerequisite for membership in the
8organization; requiring the organization to establish
9procedures for the conduct of the program, including
10contracting with a testing agency to administer the
11program; providing that records relating to drug tests and
12challenge and appeal proceedings shall be maintained
13separately from a student's educational record; requiring
14students and their parents to consent to the provisions of
15the program as a prerequisite for eligibility to
16participate in specified sports; requiring the
17administration of a school to meet with a student who
18tests positive and his or her parent to review the
19finding, penalties, and procedures for challenge and
20appeal; providing penalties for positive findings;
21providing due process procedures for challenge and appeal;
22providing that the result of a drug test is not admissible
23in a criminal prosecution; requiring a report to the
24Legislature on the results of the program; providing an
25exemption from civil liability resulting from
26implementation of the program; requiring the Department of
27Legal Affairs to provide defense in claims of civil
28liability; requiring program expenses to be paid through
29legislative appropriation; providing for repeal of the
30program; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsection (10) is added to section 1006.20,
35Florida Statutes, to read:
36     1006.20  Athletics in public K-12 schools.--
37     (10)  RANDOM DRUG TESTING PROGRAM.--
38     (a)  Contingent upon funding, and to the extent funded, the
39organization shall facilitate a 1-year program during the 2007-
402008 academic year in which students in grades 9 through 12 in
41its member schools who participate in regular and postseason
42competition in football, baseball, or weightlifting governed by
43the organization shall be subject to random testing for the use
44of anabolic steroids as defined in s. 893.03(3)(d). All schools,
45both public and private, shall consent to the provisions of this
46subsection as a prerequisite for membership in the organization
47for the duration of the program.
48     (b)  The organization's board of directors shall establish
49procedures for the conduct of the program that, at a minimum,
50shall provide for the following:
51     1.  The organization shall select and enter into a contract
52with a testing agency that will administer the testing program.
53The laboratory utilized by the testing agency to analyze
54specimens shall be accredited by the World Anti-Doping Agency.
55     2.  Each member school shall report to the organization the
56names of all students who will represent the school in football,
57baseball, and weightlifting. A student shall not be eligible to
58participate in interscholastic athletics in any of these sports
59in a member school until the student's name has been reported to
60the organization by the school.
61     3.  The organization shall provide to the testing agency
62all names of students that are submitted by its member schools.
63A maximum of 1 percent of the total number of students who
64participate in football, baseball, and weightlifting shall be
65randomly selected by the testing agency to undergo testing.
66     4.  The testing agency shall notify not fewer than 7 days
67in advance both the administration of a school and the
68organization of the date on which its representatives will be
69present at the school to collect a specimen from a randomly
70selected student. However, the name of the student from which a
71specimen is to be collected shall not be disclosed.
72     5.  Records relating to drug tests under this subsection
73and to the challenge and appeal proceedings under paragraph (h)
74shall be maintained separately from a student's educational
75record.
76     (c)  Each student who wishes to participate in football,
77baseball, or weightlifting and his or her parent must consent to
78the provisions of this subsection as a prerequisite for athletic
79eligibility. This consent shall be in writing on a form
80prescribed by the organization and provided to the student by
81his or her school. Failure to complete and sign the consent form
82shall result in the student's ineligibility to participate in
83the sport for which the consent form is required. The consent
84form shall include the following information:
85     1.  A brief description of the drug testing program.
86     2.  The penalties for a positive finding.
87     3.  The procedure for challenging a positive finding.
88     4.  The procedure for appealing a prescribed penalty.
89     (d)  A student who is selected for testing and fails to
90provide a specimen shall be immediately suspended from
91interscholastic athletic practice and competition until such
92time as a specimen is provided.
93     (e)  If a student tests positive in a test administered
94under this subsection, the administration of the school the
95student attends shall immediately:
96     1.  Suspend the student from participation in all
97interscholastic athletic practice and competition.
98     2.  Notify and schedule a meeting with the student and his
99or her parent during which the principal or his or her designee
100shall review with them the positive finding, the procedure for
101challenging the positive finding, the prescribed penalties, and
102the procedure for appealing the prescribed penalties.
103     (f)  For a positive finding, the student shall be suspended
104from all interscholastic athletic practice and competition for a
105period of 90 school days and shall be subject to a mandatory
106exit test for restoration of eligibility no sooner than the 60th
107school day of the suspension. If the exit test is negative, the
108organization shall immediately restore the eligibility of the
109student. If the exit test is positive, the student shall remain
110suspended from all interscholastic athletic practice and
111competition until such time as a subsequent retest of the
112student results in a negative finding. The student shall be
113subject to repeated tests for the duration of his or her high
114school athletic eligibility.
115     (g)  In addition to the penalties prescribed in paragraph
116(f), a student who tests positive in a test administered under
117this subsection shall attend and complete an appropriate
118mandatory drug education program conducted by the student's
119school, the student's school district, or a third-party
120organization contracted by the school or school district to
121conduct such an education program.
122     (h)  The following due process shall be afforded each
123student who tests positive in a test administered under this
124subsection:
125     1.  The member school may challenge a positive finding and
126must challenge a positive finding at the request of the student.
127A sample of the original specimen provided by the student and
128retained by the testing agency shall be analyzed. The member
129school or the student's parent shall pay the cost of the
130analysis. If the analysis results in a positive finding, the
131student shall remain ineligible until the prescribed penalty is
132fulfilled. If the analysis results in a negative finding, the
133organization shall immediately restore the eligibility of the
134student and shall refund to the member school or student's
135parent the cost of the analysis. The student shall remain
136suspended from interscholastic athletic practice and competition
137during the challenge.
138     2.a.  The member school may appeal to the organization's
139commissioner the period of ineligibility imposed on a student as
140a result of a positive finding and must appeal at the request of
141the student. The commissioner may require the student to
142complete the prescribed penalty, reduce the prescribed penalty
143by one-half, or provide complete relief from the prescribed
144penalty. Regardless of the decision of the commissioner, the
145student shall remain ineligible until the student tests negative
146on an exit drug test and the student's eligibility is restored
147by the organization.
148     b.  Should the member school or student be dissatisfied
149with the decision of the commissioner, the school may pursue the
150appeal before the organization's board of directors and must do
151so at the request of the student. The board of directors may
152require the student to complete the prescribed penalty, reduce
153the prescribed penalty by one-half, or provide complete relief
154from the prescribed penalty. Regardless of the decision of the
155board of directors, the student shall remain ineligible until
156the student tests negative on an exit drug test and the
157student's eligibility is restored by the organization. The
158decision of the board of directors on each appeal shall be
159final.
160     c.  Technical experts may serve as consultants to both the
161organization's commissioner and its board of directors in
162connection with such appeals.
163     (i)  The result of a drug test under this subsection shall
164not be admissible as evidence in a criminal prosecution.
165     (j)  No later than October 1, 2008, the organization shall
166submit to the President of the Senate and the Speaker of the
167House of Representatives a report on the results of the program.
168The report shall include statistics on the number of students
169tested; the number of violations; the number of challenges and
170their results; the number of appeals and their dispositions; and
171the costs incurred by the organization in the administration of
172the program, including attorney's fees and other expenses of
173litigation.
174     (k)  The organization, members of its board of directors,
175and its employees and member schools and their employees are
176exempt from civil liability arising from any act or omission in
177connection with the program conducted under this subsection. The
178Department of Legal Affairs shall defend the organization,
179members of its board of directors, and its employees and member
180schools and their employees in any action against such parties
181arising from any such act or omission. In providing such
182defense, the Department of Legal Affairs may employ or utilize
183the legal services of outside counsel.
184     (l)  The program shall be conducted to the extent funded by
185the Legislature. In order to conduct the program within
186appropriated funds, the organization is authorized to implement
187the program in only one or two of the named sports. All expenses
188of the program shall be paid with funds appropriated by the
189Legislature. Such expenses shall include, but not be limited to,
190all fees and expenses charged by the testing agency for
191administrative services, specimen collection services, and
192specimen analysis; all administrative expenses incurred by the
193organization in the facilitation of the program; and all
194attorney's fees and other expenses of litigation resulting from
195legal challenges related to the program.
196     (m)  This subsection shall stand repealed on October 2,
1972008, unless reviewed and saved from repeal through reenactment
198by the Legislature.
199     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.