| 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 records relating to drug tests |
| 5 | and to challenge and appeal proceedings under the Florida |
| 6 | High School Athletic Association's random drug testing |
| 7 | program; exempting from public meetings requirements the |
| 8 | portions of a meeting at which records relating to drug |
| 9 | tests or to challenge or appeal proceedings will be |
| 10 | discussed; providing for future review and repeal; |
| 11 | providing a statement of public necessity; providing a |
| 12 | contingent effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (b) of subsection (10) of section |
| 17 | 1006.20, Florida Statutes, as created by Committee Substitute |
| 18 | for HB 461, 2007 Regular Session, is amended to read: |
| 19 | 1006.20 Athletics in public K-12 schools.-- |
| 20 | (10) RANDOM DRUG TESTING PROGRAM.-- |
| 21 | (b) The organization's board of directors shall establish |
| 22 | procedures for the conduct of the program that, at a minimum, |
| 23 | shall provide for the following: |
| 24 | 1. The organization shall select and enter into a contract |
| 25 | with a testing agency that will administer the testing program. |
| 26 | The laboratory utilized by the testing agency to analyze |
| 27 | specimens shall be accredited by the World Anti-Doping Agency. |
| 28 | 2. Each member school shall report to the organization the |
| 29 | names of all students who will represent the school in football, |
| 30 | baseball, and weightlifting. A student shall not be eligible to |
| 31 | participate in interscholastic athletics in any of these sports |
| 32 | in a member school until the student's name has been reported to |
| 33 | the organization by the school. |
| 34 | 3. The organization shall provide to the testing agency |
| 35 | all names of students that are submitted by its member schools. |
| 36 | A maximum of 1 percent of the total number of students who |
| 37 | participate in football, baseball, and weightlifting shall be |
| 38 | randomly selected by the testing agency to undergo testing. |
| 39 | 4. The testing agency shall notify not fewer than 7 days |
| 40 | in advance both the administration of a school and the |
| 41 | organization of the date on which its representatives will be |
| 42 | present at the school to collect a specimen from a randomly |
| 43 | selected student. However, the name of the student from which a |
| 44 | specimen is to be collected shall not be disclosed. |
| 45 | 5. Records relating to drug tests under this subsection |
| 46 | and to the challenge and appeal proceedings under paragraph (h) |
| 47 | shall be maintained separately from a student's educational |
| 48 | records. |
| 49 | 6.a. Records relating to drug tests under this subsection |
| 50 | and to the challenge or appeal proceedings under paragraph (h) |
| 51 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 52 | I of the State Constitution. This subparagraph is subject to the |
| 53 | Open Government Sunset Review Act in accordance with s. 119.15 |
| 54 | and shall stand repealed on October 2, 2012, unless reviewed and |
| 55 | saved from repeal through reenactment by the Legislature. |
| 56 | b. Information made confidential and exempt under sub- |
| 57 | subparagraph a. may only be disclosed to the organization, the |
| 58 | student, the student's parent, the administration of the |
| 59 | student's school, and the administration of any school to which |
| 60 | the student may transfer during a suspension from participation |
| 61 | in interscholastic athletics resulting from a positive finding. |
| 62 | The entities or persons receiving such information shall |
| 63 | maintain the confidential and exempt status of the information. |
| 64 | 7. The portions of a meeting at which records are |
| 65 | presented or discussed that are confidential and exempt under |
| 66 | subparagraph 6. are exempt from s. 286.011 and s. 24(b), Art. I |
| 67 | of the State Constitution. This subparagraph is subject to the |
| 68 | Open Government Sunset Review Act in accordance with s. 119.15 |
| 69 | and shall stand repealed on October 2, 2012, unless reviewed and |
| 70 | saved from repeal through reenactment by the Legislature. |
| 71 | Section 2. The Legislature finds that it is a public |
| 72 | necessity for the records relating to drug tests administered, |
| 73 | and to the challenge or appeal proceedings occurring, under s. |
| 74 | 1006.20(10), Florida Statutes, to be made confidential and |
| 75 | exempt from public records requirements. The Legislature finds |
| 76 | that harm caused by releasing such information outweighs any |
| 77 | public benefit that might be derived from releasing the |
| 78 | information. Such information is of a sensitive and personal |
| 79 | nature, could be used to discriminate against a student, and |
| 80 | could cause harm to a student's reputation. The Legislature |
| 81 | further finds that it is a public necessity for the portions of |
| 82 | a meeting at which the records of drug tests or of challenge or |
| 83 | appeal proceedings under s. 1006.20(10), Florida Statutes, are |
| 84 | presented or discussed to be made exempt from public meetings |
| 85 | requirements. The Legislature finds that the exemption of these |
| 86 | proceedings from public meetings requirements minimizes the |
| 87 | possibility of unnecessary scrutiny by the public or media of |
| 88 | sensitive, personal information concerning a student. |
| 89 | Furthermore, without such exemption, release of confidential and |
| 90 | exempt information via a public meeting defeats the purpose of |
| 91 | the public records exemption. |
| 92 | Section 3. This act shall take effect on the same date |
| 93 | that Committee Substitute for HB 461 or similar legislation |
| 94 | takes effect, if such legislation is adopted in the same |
| 95 | legislative session or an extension thereof and becomes law. |