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A bill to be entitled

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An act relating to criminal history record checks;

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defining the terms "sports coach" and "independent youth

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athletic team"; requiring the sanctioning authority of an

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independent youth athletic team to screen any person who

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is a sports coach of an independent youth athletic team;

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requiring the sanctioning authority to screen the sports

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coach through the designated public websites of the

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Department of Law Enforcement and the United States

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Department of Justice; requiring the sanctioning authority

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to disqualify any sports coach appearing on either

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registry; requiring the sanctioning authority to notify

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the sports coach of his or her right to obtain a copy of

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the screening and to challenge the accuracy and

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completeness of a screening report; requiring each

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sanctioning authority to sign an affidavit annually, under

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penalty of perjury, stating that all sports coaches under

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its jurisdiction have been screened or are newly hired and

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awaiting the results of the screening; allowing a sports

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coach to be placed on probationary status pending

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compliance with the screening requirement; creating a

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rebuttable presumption that a sports coach was not

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negligently hired if the sanctioning authority completed

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the required screening process of the sports coach;

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creating a rebuttable presumption that a sports coach was

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negligently hired if the sanctioning authority did not

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complete the required screening of the sports coach;

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providing legislative intent encouraging sanctioning

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authorities for youth teams to participate in the

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Volunteer and Employee Criminal History System as

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authorized by the National Child Protection Act and the

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laws of this state; providing an effective date.

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

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     Section 1. Criminal history record checks for sports

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coaches.--

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

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

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athletic team that:

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     1. Includes a minor as a team member;

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     2. Is sanctioned by an independent organization; and

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

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private school.

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

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Statutes.

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

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sanctioning authority to be responsible for leading an

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independent youth athletic team and any person assisting the

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sports coach. A sports coach is an individual who:

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

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team 20 or more hours within a calendar year;

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

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

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overnight activity related to the independent youth athletic

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team.

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     (2)(a) The sanctioning authority of an independent youth

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athletic team must screen any person in this state who acts as a

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sports coach to an independent youth athletic team. The screening

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must be conducted through the sexual offenders and predators

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public website of the Department of Law Enforcement and the Dru

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Sjodin National Sex Offender Public Registry website of the

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United States Department of Justice.

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     (b) The sanctioning authority shall disqualify any sports

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coach appearing on either registry.

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     (c) The sanctioning authority must notify in writing the

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sports coach of his or her right to obtain a copy of the

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screening and of the sport coach's right to challenge the

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accuracy and completeness of any information contained in a

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screening report. A disqualified sports coach may challenge the

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accuracy of the screening report.

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     (3) Each sanctioning authority for an independent youth

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athletic team must sign an affidavit annually, under penalty of

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perjury, stating that all sports coaches under its jurisdiction

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have been screened or are newly hired and awaiting the results of

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the screening through the websites of the Department of Law

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Enforcement and the United States Department of Justice as set

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forth in subsection (2).

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     (4) Unless otherwise prohibited by state or federal law, a

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sports coach may be placed on probationary status pending a

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determination of compliance with subsection (2).

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     (5)(a) In any civil action brought against a sanctioning

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authority for harm negligently caused by a sports coach, a

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rebuttable presumption is created that the independent youth

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athletic team was not negligent in hiring the sports coach if the

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sanctioning authority:

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     1. Conducted a screening of the sports coach by reviewing

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the sexual offenders and predators public website of the

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Department of Law Enforcement and the Dru Sjodin National Sex

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Offender Public Registry of the United States Department of

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Justice; and

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     2. Made a reasonable effort to contact references and

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former employers of the sports coach concerning the suitability

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of the sports coach to work with minors.

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     (b) In any civil action brought against a sanctioning

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authority for harm negligently caused by a sports coach, a

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rebuttable presumption is created that the independent youth

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athletic team was negligent in hiring the sports coach if the

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sanctioning authority failed to comply with the requirements of

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paragraph (a).

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     Section 2. Because of the history of harm to children by

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coaches and others, the Legislature encourages sanctioning

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authorities for youth teams to participate in the Volunteer and

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Employee Criminal History System, as authorized by the National

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Child Protection Act of 1993 and s. 943.0542, Florida Statutes.

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     Section 3.  This act shall take effect July 1, 2008.