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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 any person who is a sports coach

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of an independent youth athletic team to meet level 2

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screening requirements as described in ch. 435, F.S.;

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providing testing procedures; requiring each sanctioning

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authority to sign an affidavit annually, under penalty of

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perjury, stating that all sports coaches under its

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jurisdiction have been screened or are newly hired and

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awaiting the results of the required screening; requiring

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each sports coach to pay the costs of his or her

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screening; providing that a sports coach who willfully,

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knowingly, or intentionally violates the act commits a

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misdemeanor of the first degree; providing criminal

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penalties; 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) Any person in this state who acts as a sports coach to

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an independent youth athletic team must meet level 2 screening

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requirements as described in chapter 435, Florida Statutes.

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

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requirements apply:

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     (a) Each sports coach who coaches an independent youth

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athletic team must, within 5 working days after being designated

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as a sports coach, submit to the appropriate sanctioning

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authority a complete set of fingerprints and other information

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necessary to conduct a screening under chapter 435, Florida

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Statutes.

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     (b) The sanctioning authority must submit the information

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necessary for screening to the Department of Law Enforcement

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within 5 working days after receiving it. The Department of Law

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Enforcement shall conduct a search of its criminal and juvenile

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records and request that the Federal Bureau of Investigation

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conduct a search of its records for each sports coach for whom

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the request is made. The Department of Law Enforcement shall

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respond to the sanctioning authority and the sanctioning

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authority shall inform the sports coach whether screening has

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revealed disqualifying information.

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

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supply any missing criminal information or other necessary

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information to the sanctioning authority within 30 days after the

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sanctioning authority makes a request for the information or be

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subject to automatic disqualification from acting as a sports

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coach.

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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 minimum standards set forth in

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this section.

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     (5) Each sanctioning authority that is required to conduct

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level 2 background screening must sign an affidavit annually,

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under 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 required screening.

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

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screening. Payment shall be submitted to the Department of Law

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Enforcement along with the request for screening.

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

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intentionally violates this section commits a misdemeanor of the

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first degree, punishable as provided in s. 775.082 or s. 775.083,

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Florida Statutes.

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     Section 2.  This act shall take effect July 1, 2008.