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A bill to be entitled

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An act relating to public schools; creating s. 1006.205,

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F.S.; designating the Florida School Music Association as

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the governing nonprofit organization of music and music-

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related activities in the public schools; providing

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requirements for the organization; authorizing a private

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school or home education association to be a member of the

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organization; providing for bylaws; providing for a board

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of directors and composition of the board; providing

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authority and duties of the board; amending s. 1012.55,

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F.S.; revising certification requirements for athletic

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coaches; 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.  Section 1006.205, Florida Statutes, is created

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to read:

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     1006.205 Music-related activities in public K-12 schools.--

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     (1) The Florida School Music Association is designated as

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the governing nonprofit organization of music and music-related

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activities in Florida public schools. If the Florida School Music

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Association fails to meet the provisions of this section, the

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Commissioner of Education, with the approval of the State Board

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of Education, shall designate a nonprofit organization to govern

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music and music-related activities. The organization is not a

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state agency as defined in s. 120.52. The organization shall be

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subject to the provisions of s. 1006.19. A private school or home

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education association that wishes to engage in high school music

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or music-related activities with a public school may become a

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member of the organization.

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     (2) The bylaws of the organization shall be the rules that

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govern high school and middle school music, music activities and

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events, and associated programs in the organization's member

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schools, and the students who participate in them, unless

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otherwise specifically provided by law. For the purposes of this

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section, high school and middle school include grades 6 through

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12.

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     (3)(a) The executive authority of the organization shall be

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vested in its board of directors. Any entity that appoints

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members to the board of directors shall examine the ethnic and

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demographic composition of the board when selecting candidates

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for appointment and shall, to the greatest extent possible, make

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appointments that reflect state demographic and population

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trends. The board of directors shall be composed of 19 persons as

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follows:

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     1. Six public school principals appointed by the Florida

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Association of School Administrators, three each from the

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northern and the southern administrative regions, who equally

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represent high schools and middle schools.

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     2. One private school representative appointed by the

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Department of Education.

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     3. One home education representative elected from member

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home education associations.

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     4. Two school board members appointed by the Florida School

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Boards Association.

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     5. Two district school superintendents appointed by the

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Florida Association of District School Superintendents.

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     6. Six representatives of the interests of bands,

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orchestras, choruses, or other music-related school organizations

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appointed or elected by the Florida Music Educators' Association.

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     7. The Commissioner of Education or his or her designee.

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     (b) A quorum shall be 10 members.

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     (c) The board of directors shall elect officers from among

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its members. The officers shall consist of the president,

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president elect, and immediate past president.

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     (d) Members of the board of directors shall be appointed to

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terms of 3 years and are eligible to succeed themselves only

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once.

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     (4) The authority and duties of the board of directors,

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acting as a body and in accordance with the organization's

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bylaws, are as follows:

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     (a) To fulfill its obligations as required by the

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organization's articles of incorporation.

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     (b) To establish guidelines, regulations, policies, and

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procedures as are authorized by the bylaws.

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     (c) To appoint an organization director who shall have the

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authority to waive the bylaws of the organization in order to

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comply with changes in law.

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     (d) To levy annual dues and other fees and to set the

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percentage of event receipts to be collected by the organization.

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     (e) To approve the budget of the organization.

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     (f) To organize and conduct statewide interscholastic music

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events, which may or may not lead to state-level events, and to

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establish the terms and conditions for those events or the

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organizations that are recognized to conduct such events.

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     (g) To act as the administrative board in the

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interpretation of, and final decision on, all questions and

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appeals arising from directing interscholastic music and music-

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related activities of member schools.

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     Section 2.  Subsection (2) of section 1012.55, Florida

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Statutes, is amended to read:

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     1012.55  Positions for which certificates required.--

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     (2)  Each person who is employed and renders service as an

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athletic coach in any public school in any district of this state

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shall hold a valid temporary or professional certificate or an

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athletic coaching certificate. The athletic coaching certificate

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may be used for either part-time or full-time positions. The

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provisions of this subsection do not apply to any athletic coach

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who voluntarily renders service and who is not employed by any

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public school district of this state.

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