| 1 | A bill to be entitled |
| 2 | An act relating to public records and public meetings |
| 3 | exemptions; amending s. 1006.20, F.S.; exempting from |
| 4 | public records requirements the finding of a drug test |
| 5 | administered to a student by a testing agency with which |
| 6 | the Florida High School Athletic Association has |
| 7 | contracted; exempting from public meetings requirements a |
| 8 | meeting at which a challenge or an appeal is made; |
| 9 | providing for future review and repeal; providing a |
| 10 | statement of public necessity; providing a contingent |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraphs (b) and (h) of subsection (10) of |
| 16 | section 1006.20, Florida Statutes, as created by HB 461, 2007 |
| 17 | Regular 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 |
| 21 | procedures for the conduct of the program that, at a minimum, |
| 22 | shall provide for the following: |
| 23 | 1. The organization shall select and enter into a contract |
| 24 | with a testing agency that will administer the testing program. |
| 25 | The laboratory utilized by the testing agency to analyze |
| 26 | specimens shall be accredited by the World Anti-Doping Agency. |
| 27 | 2. Each member school shall report to the organization the |
| 28 | names of all students who will represent the school in football, |
| 29 | baseball, and weightlifting. A student shall not be eligible to |
| 30 | participate in interscholastic athletics in any of these sports |
| 31 | in a member school until the student's name has been reported to |
| 32 | the organization by the school. |
| 33 | 3. The organization shall provide to the testing agency |
| 34 | all names of students that are submitted by its member schools. |
| 35 | A maximum of 1 percent of the total number of students who |
| 36 | participate in football, baseball, and weightlifting shall be |
| 37 | randomly selected by the testing agency to undergo testing. |
| 38 | 4. The testing agency shall notify not fewer than 7 days |
| 39 | in advance both the administration of a school and the |
| 40 | organization of the date on which its representatives will be |
| 41 | present at the school to collect a specimen from a randomly |
| 42 | selected student. However, the name of the student from which a |
| 43 | specimen is to be collected shall not be disclosed. |
| 44 | 5. The finding of a drug test shall be separate from a |
| 45 | student's educational records and shall be disclosed by the |
| 46 | testing agency only to the organization, the student, the |
| 47 | student's parent, the administration of the student's school, |
| 48 | and the administration of any school to which the student may |
| 49 | transfer during a suspension from participation in |
| 50 | interscholastic athletics resulting from a positive finding. |
| 51 | 6. The finding of each drug test held by a school or the |
| 52 | organization pursuant to subparagraph 5. is confidential and |
| 53 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 54 | Constitution. This subparagraph is subject to the Open |
| 55 | Government Sunset Review Act in accordance with s. 119.15 and |
| 56 | shall stand repealed on October 2, 2012, unless reviewed and |
| 57 | saved from repeal through reenactment by the Legislature. |
| 58 | (h) The following due process shall be afforded each |
| 59 | student who tests positive in a test administered under this |
| 60 | subsection: |
| 61 | 1. The member school may challenge a positive finding and |
| 62 | must challenge a positive finding at the request of the student. |
| 63 | A sample of the original specimen provided by the student and |
| 64 | retained by the testing agency shall be analyzed. The member |
| 65 | school or the student's parent shall pay the cost of the |
| 66 | analysis. If the analysis results in a positive finding, the |
| 67 | student shall remain ineligible until the prescribed penalty is |
| 68 | fulfilled. If the analysis results in a negative finding, the |
| 69 | organization shall immediately restore the eligibility of the |
| 70 | student and shall refund to the member school or student's |
| 71 | parent the cost of the analysis. The student shall remain |
| 72 | suspended from interscholastic athletic practice and competition |
| 73 | during the challenge. |
| 74 | 2.a. The member school may appeal to the organization's |
| 75 | commissioner the period of ineligibility imposed on a student as |
| 76 | a result of a positive finding and must appeal at the request of |
| 77 | the student. The commissioner may require the student to |
| 78 | complete the prescribed penalty, reduce the prescribed penalty |
| 79 | by one-half, or provide complete relief from the prescribed |
| 80 | penalty. |
| 81 | b. Should the member school or student be dissatisfied |
| 82 | with the decision of the commissioner, the school may pursue the |
| 83 | appeal before the organization's board of directors and must do |
| 84 | so at the request of the student. The board of directors may |
| 85 | require the student to complete the prescribed penalty, reduce |
| 86 | the prescribed penalty by one-half, or provide complete relief |
| 87 | from the prescribed penalty. The decision of the board of |
| 88 | directors on each appeal shall be final. |
| 89 | c. Technical experts may serve as consultants to both the |
| 90 | organization's commissioner and its board of directors in |
| 91 | connection with such appeals. |
| 92 | 3. The challenge and appeal procedures described in this |
| 93 | paragraph are exempt from s. 286.011 and s. 24(b), Art. I of the |
| 94 | State Constitution. This subparagraph is subject to the Open |
| 95 | Government Sunset Review Act in accordance with s. 119.15 and |
| 96 | shall stand repealed on October 2, 2012, unless reviewed and |
| 97 | saved from repeal through reenactment by the Legislature. |
| 98 | Section 2. The Legislature finds that it is a public |
| 99 | necessity that the finding of a drug test administered by a |
| 100 | testing agency with which the Florida High School Athletic |
| 101 | Association has contracted that has been disclosed to the |
| 102 | association or the administration of a school, pursuant to s. |
| 103 | 1006.20(10), Florida Statutes, be made confidential and exempt |
| 104 | from public records requirements. The Legislature finds that |
| 105 | harm caused by releasing such information outweighs any public |
| 106 | benefit that might be derived from releasing the information. |
| 107 | Such information is of a sensitive and personal nature, could be |
| 108 | used to discriminate against a student, and could cause harm to |
| 109 | a student's reputation. The Legislature further finds that it is |
| 110 | a public necessity that a meeting at which a challenge to a |
| 111 | positive finding is made or an appeal is made to the Florida |
| 112 | High School Athletic Association's commissioner or board of |
| 113 | directors regarding the period of student ineligibility, |
| 114 | pursuant to s. 1006.20(10), Florida Statutes, be made exempt |
| 115 | from public meetings requirements. The Legislature finds that |
| 116 | the exemption of these proceedings from public meetings |
| 117 | requirements minimizes the possibility of unnecessary scrutiny |
| 118 | by the public or media of sensitive, personal information |
| 119 | concerning a student. Furthermore, without such exemption, |
| 120 | release of confidential and exempt information via a public |
| 121 | meeting defeats the purpose of the public records exemption. |
| 122 | Section 3. This act shall take effect on the same date |
| 123 | that HB 461 or similar legislation takes effect, if such |
| 124 | legislation is adopted in the same legislative session or an |
| 125 | extension thereof and becomes law. |