HB 463

1
A bill to be entitled
2An act relating to public records and public meetings
3exemptions; amending s. 1006.20, F.S.; exempting from
4public records requirements the finding of a drug test
5administered to a student by a testing agency with which
6the Florida High School Athletic Association has
7contracted; exempting from public meetings requirements a
8meeting at which a challenge or an appeal is made;
9providing for future review and repeal; providing a
10statement of public necessity; providing a contingent
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraphs (b) and (h) of subsection (10) of
16section 1006.20, Florida Statutes, as created by HB 461, 2007
17Regular Session, are amended to read:
18     1006.20  Athletics in public K-12 schools.--
19     (10)  RANDOM DRUG TESTING PROGRAM.--
20     (b)  The organization's board of directors shall establish
21procedures for the conduct of the program that, at a minimum,
22shall provide for the following:
23     1.  The organization shall select and enter into a contract
24with a testing agency that will administer the testing program.
25The laboratory utilized by the testing agency to analyze
26specimens shall be accredited by the World Anti-Doping Agency.
27     2.  Each member school shall report to the organization the
28names of all students who will represent the school in football,
29baseball, and weightlifting. A student shall not be eligible to
30participate in interscholastic athletics in any of these sports
31in a member school until the student's name has been reported to
32the organization by the school.
33     3.  The organization shall provide to the testing agency
34all names of students that are submitted by its member schools.
35A maximum of 1 percent of the total number of students who
36participate in football, baseball, and weightlifting shall be
37randomly selected by the testing agency to undergo testing.
38     4.  The testing agency shall notify not fewer than 7 days
39in advance both the administration of a school and the
40organization of the date on which its representatives will be
41present at the school to collect a specimen from a randomly
42selected student. However, the name of the student from which a
43specimen is to be collected shall not be disclosed.
44     5.  The finding of a drug test shall be separate from a
45student's educational records and shall be disclosed by the
46testing agency only to the organization, the student, the
47student's parent, the administration of the student's school,
48and the administration of any school to which the student may
49transfer during a suspension from participation in
50interscholastic athletics resulting from a positive finding.
51     6.  The finding of each drug test held by a school or the
52organization pursuant to subparagraph 5. is confidential and
53exempt from s. 119.07(1) and s. 24(a), Art. I of the State
54Constitution. This subparagraph is subject to the Open
55Government Sunset Review Act in accordance with s. 119.15 and
56shall stand repealed on October 2, 2012, unless reviewed and
57saved from repeal through reenactment by the Legislature.
58     (h)  The following due process shall be afforded each
59student who tests positive in a test administered under this
60subsection:
61     1.  The member school may challenge a positive finding and
62must challenge a positive finding at the request of the student.
63A sample of the original specimen provided by the student and
64retained by the testing agency shall be analyzed. The member
65school or the student's parent shall pay the cost of the
66analysis. If the analysis results in a positive finding, the
67student shall remain ineligible until the prescribed penalty is
68fulfilled. If the analysis results in a negative finding, the
69organization shall immediately restore the eligibility of the
70student and shall refund to the member school or student's
71parent the cost of the analysis. The student shall remain
72suspended from interscholastic athletic practice and competition
73during the challenge.
74     2.a.  The member school may appeal to the organization's
75commissioner the period of ineligibility imposed on a student as
76a result of a positive finding and must appeal at the request of
77the student. The commissioner may require the student to
78complete the prescribed penalty, reduce the prescribed penalty
79by one-half, or provide complete relief from the prescribed
80penalty.
81     b.  Should the member school or student be dissatisfied
82with the decision of the commissioner, the school may pursue the
83appeal before the organization's board of directors and must do
84so at the request of the student. The board of directors may
85require the student to complete the prescribed penalty, reduce
86the prescribed penalty by one-half, or provide complete relief
87from the prescribed penalty. The decision of the board of
88directors on each appeal shall be final.
89     c.  Technical experts may serve as consultants to both the
90organization's commissioner and its board of directors in
91connection with such appeals.
92     3.  The challenge and appeal procedures described in this
93paragraph are exempt from s. 286.011 and s. 24(b), Art. I of the
94State Constitution. This subparagraph is subject to the Open
95Government Sunset Review Act in accordance with s. 119.15 and
96shall stand repealed on October 2, 2012, unless reviewed and
97saved from repeal through reenactment by the Legislature.
98     Section 2.  The Legislature finds that it is a public
99necessity that the finding of a drug test administered by a
100testing agency with which the Florida High School Athletic
101Association has contracted that has been disclosed to the
102association or the administration of a school, pursuant to s.
1031006.20(10), Florida Statutes, be made confidential and exempt
104from public records requirements. The Legislature finds that
105harm caused by releasing such information outweighs any public
106benefit that might be derived from releasing the information.
107Such information is of a sensitive and personal nature, could be
108used to discriminate against a student, and could cause harm to
109a student's reputation. The Legislature further finds that it is
110a public necessity that a meeting at which a challenge to a
111positive finding is made or an appeal is made to the Florida
112High School Athletic Association's commissioner or board of
113directors regarding the period of student ineligibility,
114pursuant to s. 1006.20(10), Florida Statutes, be made exempt
115from public meetings requirements. The Legislature finds that
116the exemption of these proceedings from public meetings
117requirements minimizes the possibility of unnecessary scrutiny
118by the public or media of sensitive, personal information
119concerning a student. Furthermore, without such exemption,
120release of confidential and exempt information via a public
121meeting defeats the purpose of the public records exemption.
122     Section 3.  This act shall take effect on the same date
123that HB 461 or similar legislation takes effect, if such
124legislation is adopted in the same legislative session or an
125extension thereof and becomes law.


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