HB 283

1	A bill to be entitled
2	An act relating to high school athletics; amending s.
3	1006.20, F.S.; revising provisions relating to
4	membership of the board of directors and the
5	representative assembly of the Florida High School
6	Athletic Association; redesignating the association's
7	commissioner as executive director; limiting the
8	executive director's authority to waive the
9	association's bylaws; requiring separate playoff systems
10	for public and nonpublic schools; revising requirements
11	for the association's bylaws; requiring the executive
12	director or designee to investigate alleged violations
13	of the association's bylaws and policies; providing for
14	the nomination and appointment of a judicial officer to
15	determine violations of the association's bylaws and
16	policies and impose penalties; authorizing a member
17	school or student athlete accused of a violation to
18	review investigative findings and submit a written
19	response; specifying that appeal of a ruling affecting a
20	student athlete be made to a sectional appeals
21	committee; providing for the appointment of state
22	appeals boards to decide appeals of rulings affecting
23	member schools; providing minimum qualifications for
24	board members; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Subsections (1) through (8) of section
29	1006.20, Florida Statutes, are amended to read:
30	1006.20  Athletics in public K-12 schools.--
31	(1)  GOVERNING NONPROFIT ORGANIZATION.--The Florida High
32	School Athletic Association is designated as the governing
33	nonprofit organization of athletics in Florida public schools.
34	If the Florida High School Athletic Association fails to
35	comply with meet the provisions of this section, the
36	Commissioner of Education shall designate a nonprofit
37	organization to govern athletics with the approval of the
38	State Board of Education. The organization is not to be a
39	state agency as defined in s. 120.52. The organization is
40	shall be subject to the provisions of s. 1006.19. A nonpublic
41	private school that wishes to engage in high school athletic
42	competition with a public high school may become a member of
43	the organization. The bylaws of the organization are to be the
44	rules by which high school athletic programs in its member
45	schools, and the students who participate in them, are
46	governed, unless otherwise specifically provided by law
47	statute. For the purposes of this section, "high school"
48	includes grades 6 through 12.
49	(2)  ADOPTION OF BYLAWS.--
50	(a)  The organization shall adopt bylaws that, unless
51	specifically provided by law statute, establish eligibility
52	requirements for all students who participate in high school
53	athletic competition in its member schools. The bylaws
54	governing residence and transfer shall allow a the student to
55	be eligible in the school in which he or she first enrolls
56	each school year, or makes himself or herself a candidate for
57	an athletic team by engaging in a practice before prior to
58	be eligible in that school so long as he or she remains
59	in that school. Subsequent eligibility shall be determined and
60	enforced through the organization's bylaws.
61	(b)  The organization shall adopt bylaws that
62	specifically prohibit the recruiting of students for athletic
63	purposes. The bylaws shall prescribe penalties and an appeals
64	process for athletic recruiting violations.
65	(c)  The organization shall adopt bylaws that require all
66	students participating in interscholastic athletic competition
67	or who are candidates for an interscholastic athletic team to
68	satisfactorily pass a medical evaluation each year before
69	prior to participating in interscholastic athletic competition
70	or engaging in any practice, tryout, workout, or other
71	physical activity associated with the student's candidacy for
72	an interscholastic athletic team. Such medical evaluation can
73	only be administered by a practitioner licensed under the
74	provisions of chapter 458, chapter 459, chapter 460, or s.
75	464.012, and in good standing with the practitioner's
76	regulatory board. The bylaws shall establish requirements for
77	eliciting a student's medical history and performing the
78	medical evaluation required under this paragraph, which shall
79	include a physical assessment of the student's physical
80	capabilities to participate in interscholastic athletic
81	competition as contained in a uniform preparticipation
82	physical evaluation and history form. The evaluation form
83	shall incorporate the recommendations of the American Heart
84	Association for participation cardiovascular screening and
85	shall provide a place for the signature of the practitioner
86	performing the evaluation with an attestation that each
87	examination procedure listed on the form was performed by the
88	practitioner or by someone under the direct supervision of the
89	practitioner. The form shall also contain a place for the
90	practitioner to indicate if a referral to another practitioner
91	was made in lieu of completion of a certain examination
92	procedure. The form shall provide a place for the practitioner
93	to whom the student was referred to complete the remaining
94	sections and attest to that portion of the examination. The
95	preparticipation physical evaluation form shall advise
96	students to complete a cardiovascular assessment and shall
97	include information concerning alternative cardiovascular
98	evaluation and diagnostic tests. Results of such medical
99	evaluation must be provided to the school. A No student is not
100	shall be eligible to participate in any interscholastic
101	athletic competition or engage in any practice, tryout,
102	workout, or other physical activity associated with the
103	student's candidacy for an interscholastic athletic team until
104	the results of the medical evaluation are have been received
105	and approved by the school.
106	(d)  Notwithstanding the provisions of paragraph (c), a
107	student may participate in interscholastic athletic
108	competition or be a candidate for an interscholastic athletic
109	team if the parent of the student objects in writing to the
110	student undergoing a medical evaluation because such
111	evaluation is contrary to his or her religious tenets or
112	practices. However, in such case, there is shall be no
113	liability on the part of any person or entity in a position to
114	otherwise rely on the results of such medical evaluation for
115	any damages resulting from the student's injury or death
116	arising directly from the student's participation in
117	interscholastic athletics where an undisclosed medical
118	condition that would have been revealed in the medical
119	evaluation is a proximate cause of the injury or death.
120	(3)  GOVERNING STRUCTURE OF THE ORGANIZATION.--
121	(a)  The organization shall operate as a representative
122	democracy in which the sovereign authority is within its
123	member schools. Except as provided in this section, the
124	organization shall govern its affairs through its bylaws.
125	(b)  Each member school, on its annual application for
126	membership, shall name its official representative to the
127	organization. This representative must be either the school
128	principal or his or her designee. That designee must either be
129	an assistant principal or athletic director housed within that
130	same school.
131	(c)  The organization's membership shall be divided along
132	existing county lines into four contiguous and compact
133	administrative sections regions, each containing an equal or
134	nearly equal number of member schools to ensure equitable
135	representation on the organization's board of directors,
136	representative assembly, sectional and committee on appeals
137	committees, and state appeals boards.
138	(4)  BOARD OF DIRECTORS.--
139	(a)  The executive authority of the organization shall be
140	vested in its board of directors. Any entity that appoints
141	members to the board of directors shall examine the ethnic and
142	demographic composition of the board when selecting candidates
143	for appointment and shall, to the greatest extent possible,
144	make appointments that reflect state demographic and
145	population trends. The board of directors shall be composed of
146	16 persons, as follows:
147	1.  Four member public member school representatives,
148	each one elected from among the member its public school
149	representatives representative members within each of the four
150	administrative sections regions.
151	2.  Four member nonpublic member school representatives,
152	each one elected from among the member its nonpublic school
153	representatives representative members within each of the four
154	administrative sections regions.
155	3.  Three representatives appointed by the Commissioner
156	of Education, one appointed from the two northernmost
157	administrative sections regions and one appointed from the two
158	southernmost administrative sections regions. The third
159	representative shall be appointed to balance the board for
160	diversity or state population trends, or both.
161	4.  Two district school superintendents, one elected from
162	the two northernmost administrative sections regions by the
163	members in those sections regions and one elected from the two
164	southernmost administrative sections regions by the members in
165	those sections regions.
166	5.  Two district school board members, one elected from
167	the two northernmost administrative sections regions by the
168	members in those sections regions and one elected from the two
169	southernmost administrative sections regions by the members in
170	those sections regions.
171	6.  The Commissioner of Education or his or her designee
172	from the department's department executive staff.
173	(b)  A quorum of the board of directors is shall consist
174	of nine members.
175	(c)  The board of directors shall elect a president and a
176	vice president from among its members. These officers shall
177	also serve as officers of the organization.
178	(d)  Members of the board of directors shall serve terms
179	of 3 years and are eligible to succeed themselves only once. A
180	member of the board of directors, other than the Commissioner
181	of Education or his or her designee, may serve a maximum of 6
182	consecutive years. The organization's bylaws shall establish a
183	rotation of terms to ensure that a majority of the members'
184	terms do not expire concurrently.
185	(e)  The authority and duties of the board of directors,
186	acting as a body and in accordance with the organization's
187	bylaws, are as follows:
188	1.  To act as the incorporated organization's board of
189	directors and to fulfill its obligations as required by the
190	organization's charter and articles of incorporation.
191	2.  To establish such guidelines, regulations, policies,
192	and procedures as are authorized by the bylaws.
193	3.  To provide an executive director organization
194	commissioner, who shall have the authority to waive the bylaws
195	of the organization if necessary in order to comply with
196	statutory changes.
197	4.  To levy annual dues and other fees and to set the
198	percentage of contest receipts to be collected by the
199	organization.
200	5.  To approve the budget of the organization.
201	6.  To organize and conduct statewide interscholastic
202	competitions, which may or may not lead to state
203	championships, and to establish the terms and conditions for
204	these competitions. The terms and conditions must establish
205	separate interscholastic playoff systems for public schools
206	and nonpublic schools which lead to separate championships.
207	7.  To act as an administrative board in the
208	interpretation of, and final decision on, all questions and
209	appeals arising from the directing of interscholastic
210	athletics of member schools.
211	(5)  REPRESENTATIVE ASSEMBLY.--
212	(a)  The legislative authority of the organization is
213	vested in its representative assembly.
214	(b)  The representative assembly shall be composed of the
215	following:
216	1.  An equal number of member school representatives from
217	each of the four administrative sections, divided
218	proportionately between the public and nonpublic member
219	schools in each section regions.
220	2.  Four district school superintendents, one elected
221	from each of the four administrative sections regions by the
222	district school superintendents in the their respective
223	administrative section regions.
224	3.  Four district school board members, one elected from
225	each of the four administrative sections regions by the
226	district school board members in the their respective
227	administrative section regions.
228	4.  The Commissioner of Education or his or her designee
229	from the department's department executive staff.
230	(c)  The organization's bylaws shall establish the number
231	of member school representatives to serve in the
232	representative assembly from each of the four administrative
233	sections regions and shall establish the method for their
234	selection.
235	(d)  A No member of the board of directors, other than
236	the Commissioner of Education or his or her designee, may not
237	can serve in the representative assembly.
238	(e)  The representative assembly shall elect a
239	chairperson and a vice chairperson from among its members.
240	(f)  Elected members of the representative assembly shall
241	serve terms of 2 years and are eligible to succeed themselves
242	for two additional terms. An elected member, other than the
243	Commissioner of Education or his or her designee, may serve a
244	maximum of 6 consecutive years in the representative assembly.
245	(g)  A quorum of the representative assembly is consists
246	of one more than half of its members.
247	(h)  The authority of the representative assembly is
248	limited to its sole duty, which is to consider, adopt, or
249	reject any proposed amendments to the organization's bylaws.
250	(i)  The representative assembly shall meet as a body
251	annually. A two-thirds majority of the votes cast by members
252	present is required for passage of any proposal.
253	(6)  PUBLIC LIAISON ADVISORY COMMITTEE.--
254	(a)  The organization shall establish, sustain, fund, and
255	provide staff support to a public liaison advisory committee
256	composed of the following:
257	1.  The Commissioner of Education or his or her designee.
258	2.  A member public school principal.
259	3.  A member nonpublic private school principal.
260	4.  A member school principal who is a member of a racial
261	minority.
262	5.  An active athletic director.
263	6.  An active coach, who is employed full time by a
264	member school.
265	7.  A student athlete.
266	8.  A district school superintendent.
267	9.  A district school board member.
268	10.  A member of the Florida House of Representatives.
269	11.  A member of the Florida Senate.
270	12.  A parent of a high school student.
271	13.  A member of a home education association.
272	14.  A representative of the business community.
273	15.  A representative of the news media.
274	(b)  A No member of the board of directors, sectional
275	committee on appeals committee, state appeals board, or
276	representative assembly may not is eligible to serve on the
277	public liaison advisory committee.
278	(c)  The public liaison advisory committee shall elect a
279	chairperson and vice chairperson from among its members.
280	(d)  The authority and duties of the public liaison
281	advisory committee are as follows:
282	1.  To act as a conduit through which the general public
283	may have input into the decisionmaking process of the
284	organization and to assist the organization in the development
285	of procedures regarding the receipt of public input and
286	disposition of complaints related to high school athletic and
287	competition programs.
288	2.  To conduct public hearings annually in each of the
289	four administrative sections regions during which interested
290	parties may address issues regarding the effectiveness of the
291	rules, operation, and management of the organization.
292	3.  To conduct an annual evaluation of the organization
293	as a whole and present a report of its findings, conclusions
294	conclusion, and recommendations to the board of directors, to
295	the Commissioner of Education, and to the respective education
296	committees of the Florida Senate and the Florida House of
297	Representatives. The recommendations must delineate policies
298	and procedures that will improve the implementation and
299	oversight of high school athletic programs by the
300	organization.
301	(e)  The public liaison advisory committee shall meet
302	four times annually. Additional meetings may be called by the
303	committee chairperson, the organization president, or the
304	executive director of the organization commissioner.
305	(7)  DUE PROCESS PROCEDURES APPEALS.--
306	(a)1.  The bylaws of the organization shall provide for
307	the appointment of a judicial officer. The four member public
308	school representatives and four member nonpublic school
309	representatives on the organization's board of directors shall
310	jointly nominate at least three candidates for the judicial
311	officer, and the full board of directors shall appoint the
312	judicial officer from among the nominees. The organization's
313	executive director may not serve as the judicial officer.
314	2.  The organization's executive director or designee
315	shall investigate alleged violations of the organization's
316	bylaws, or of guidelines, regulations, policies, and
317	procedures authorized by the bylaws, and submit investigative
318	findings to the judicial officer. The judicial officer may not
319	participate in the investigation. The member school or student
320	athlete accused of a violation must have the opportunity to
321	review the investigative findings and submit a written
322	response within a period specified in the bylaws. Upon review
323	of the investigative findings and written response of the
324	accused member school or student athlete, if submitted, the
325	judicial officer shall determine whether the accused member
326	school or student athlete committed a violation and, if a
327	violation is found to have been committed, impose the
328	penalties authorized by the bylaws.
329	(b)1.(a)  The organization shall establish a procedure of
330	due process which ensures each member school and student
331	athlete the opportunity to appeal an unfavorable ruling with
332	regard to his or her eligibility to compete.
333	2.  The initial appeal of an unfavorable ruling adversely
334	affecting a student athlete shall be made to a sectional
335	appeals committee on appeals within the administrative section
336	region in which the student athlete resides lives. The
337	organization's bylaws shall establish the number, size, and
338	composition of the sectional committee on appeals committees.
339	3.  The initial appeal of an unfavorable ruling adversely
340	affecting a member school shall be made to one of two state
341	appeals boards. One board shall decide appeals from member
342	public schools, and one board shall decide appeals from member
343	nonpublic schools. Each board shall be composed of five
344	members. The public school representatives on the
345	representative assembly from each of the four administrative
346	sections shall each appoint one member to the state appeals
347	board for public schools. The nonpublic school representatives
348	on the representative assembly from each of the four
349	administrative sections shall each appoint one member to the
350	state appeals board for nonpublic schools. The Commissioner of
351	Education shall appoint one additional member to each state
352	appeals board, who shall serve as chair of the respective
353	board. At least one member of each state appeals board must be
354	an attorney.
355	(c)(b)  A No member of the board of directors may not is
356	eligible to serve on a sectional appeals the committee or
357	state on appeals board.
358	(d)(c)  Members of the sectional committee on appeals
359	committees or state appeals boards shall serve terms of 3
360	years and are eligible to succeed themselves only once. A
361	member of a sectional the committee on appeals committee or
362	state appeals board may serve a maximum of 6 consecutive
363	years. The organization's bylaws shall establish a rotation of
364	terms to ensure that a majority of the members' terms do not
365	expire concurrently.
366	(e)(d)  The authority and duties of the sectional
367	committee on appeals committees shall be to consider requests
368	by member schools seeking exceptions to bylaws and
369	regulations, to hear undue hardship eligibility cases filed by
370	member schools on behalf of student athletes, and to hear
371	appeals filed by member schools relating to a student
372	athlete's eligibility.
373	(f)(e)  A student athlete or member school that receives
374	an unfavorable ruling from a sectional committee on appeals
375	committee or state appeals board is shall be entitled to
376	appeal the that decision to the board of directors at its next
377	regularly scheduled meeting or called meeting. The board of
378	directors has shall have the authority to uphold, reverse, or
379	amend the decision of the sectional committee on appeals
380	committee or state appeals board. In all such cases, the
381	decision of the board of directors is shall be final.
382	(8)  AMENDMENT OF BYLAWS.--Each member school
383	representative, the board of directors acting as a whole or as
384	members acting individually, any advisory committee acting as
385	a whole to be established by the organization, and the
386	organization's executive director commissioner are empowered
387	to propose amendments to the bylaws. Any other individual may
388	propose an amendment by securing the sponsorship of any of the
389	aforementioned individuals or bodies. All proposed amendments
390	must be submitted directly to the representative assembly for
391	its consideration. The representative assembly, while
392	empowered to adopt, reject, or revise proposed amendments, may
393	not, in and of itself, as a body be allowed to propose any
394	amendment for its own consideration.
395	Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.