Senate Bill sb0904

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    Florida Senate - 2007                                   SB 904

    By Senator Ring





    32-536-07

  1                      A bill to be entitled

  2         An act relating to criminal history record

  3         checks; defining the terms "sports coach" and

  4         "independent youth athletic team"; requiring

  5         any person who is a sports coach of an

  6         independent youth athletic team to meet level 2

  7         screening requirements as described in ch. 435,

  8         F.S.; providing testing procedures; requiring

  9         each sanctioning authority to sign an affidavit

10         annually, under penalty of perjury, stating

11         that all sports coaches under its jurisdiction

12         have been screened or are newly hired and

13         awaiting the results of the required screening;

14         requiring each sports coach to pay the costs of

15         his or her screening; providing that a sports

16         coach who willfully, knowingly, or

17         intentionally violates the act commits a

18         misdemeanor of the first degree; providing

19         criminal penalties; providing an effective

20         date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Criminal history record checks for sports

25  coaches.--

26         (1)  As used in this section, the term:

27         (a)  "Independent youth athletic team" or "team" means

28  an athletic team that:

29         1.  Includes a minor as a team member;

30         2.  Is sanctioned by an independent organization; and

31  

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    Florida Senate - 2007                                   SB 904
    32-536-07




 1         3.  Is not sanctioned by or affiliated with a public or

 2  private school.

 3         (b)  "Minor" has the same meaning as in s. 1.01,

 4  Florida Statutes.

 5         (c)  "Sports coach" means a person who is authorized by

 6  a sanctioning authority to be responsible for leading an

 7  independent youth athletic team and any person assisting the

 8  sports coach. A sports coach is an individual who:

 9         1.  Works or is to work for the independent youth

10  athletic team 20 or more hours within a calendar year;

11         2.  Has or is to have unsupervised contact with minors;

12  and

13         3.  Serves or is to serve as a chaperone for minors on

14  any overnight activity related to the independent youth

15  athletic team.

16         (2)  Any person in this state who acts as a sports

17  coach to an independent youth athletic team must meet level 2

18  screening requirements as described in chapter 435, Florida

19  Statutes.

20         (3)  Except as otherwise provided by law, the following

21  requirements apply:

22         (a)  Each sports coach who coaches an independent youth

23  athletic team must, within 5 working days after being

24  designated as a sports coach, submit to the appropriate

25  sanctioning authority a complete set of fingerprints and other

26  information necessary to conduct a screening under chapter

27  435, Florida Statutes.

28         (b)  The sanctioning authority must submit the

29  information necessary for screening to the Department of Law

30  Enforcement within 5 working days after receiving it. The

31  Department of Law Enforcement shall conduct a search of its

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    Florida Senate - 2007                                   SB 904
    32-536-07




 1  criminal and juvenile records and request that the Federal

 2  Bureau of Investigation conduct a search of its records for

 3  each sports coach for whom the request is made. The Department

 4  of Law Enforcement shall respond to the sanctioning authority

 5  and the sanctioning authority shall inform the sports coach

 6  whether screening has revealed disqualifying information.

 7         (c)  A sports coach whose background is being checked

 8  must supply any missing criminal information or other

 9  necessary information to the sanctioning authority within 30

10  days after the sanctioning authority makes a request for the

11  information or be subject to automatic disqualification from

12  acting as a sports coach.

13         (4)  Unless otherwise prohibited by state or federal

14  law, a sports coach may be placed on probationary status

15  pending a determination of compliance with minimum standards

16  set forth in this section.

17         (5)  Each sanctioning authority that is required to

18  conduct level 2 background screening must sign an affidavit

19  annually, under penalty of perjury, stating that all sports

20  coaches under its jurisdiction have been screened or are newly

21  hired and awaiting the results of the required screening.

22         (6)  A sports coach shall pay the costs of his or her

23  own screening. Payment shall be submitted to the Department of

24  Law Enforcement along with the request for screening.

25         (7)  A sports coach who willfully, knowingly, or

26  intentionally violates this section commits a misdemeanor of

27  the first degree, punishable as provided in s. 775.082 or s.

28  775.083, Florida Statutes.

29         Section 2.  This act shall take effect July 1, 2007.

30  

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    Florida Senate - 2007                                   SB 904
    32-536-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires a person who is a sports coach to an independent
      youth athletic team to meet level 2 screening
 4    requirements as described in ch. 435, F.S. Provides
      screening procedures. Requires each sanctioning authority
 5    to sign an affidavit annually stating that all sports
      coaches have been screened or are newly hired and are
 6    awaiting the results of the required screening. Requires
      that each sports coach pay the costs of the screening.
 7    Provides that a sports coach who willfully, knowingly, or
      intentionally violates the act commits a misdemeanor of
 8    the first degree.

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