CS/HB 885

1
A bill to be entitled
2An act relating to athletic coaches; defining the terms
3"athletic coach" and "independent sanctioning authority";
4requiring the independent sanctioning authority of a youth
5athletic team to screen the background of current and
6prospective athletic coaches through designated federal
7and state sex offender Internet websites; requiring the
8independent sanctioning authority to disqualify any
9athletic coach appearing on either registry; requiring the
10independent sanctioning authority to provide a
11disqualified coach with written notice; requiring the
12independent sanctioning authority to maintain
13documentation of screening results and disqualification
14notices; providing a rebuttable presumption that an
15independent sanctioning authority did not negligently
16authorize an athletic coach for purposes of a civil action
17for an intentional tort relating to sexual misconduct if
18the authority complied with the screening and
19disqualification requirements; encouraging independent
20sanctioning authorities for youth athletic teams to
21participate in the Volunteer and Employee Criminal History
22System; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Athletic coaches for independent sanctioning
27authorities.--
28     (1)  As used in this section, the term:
29     (a)  "Athletic coach" means a person who:
30     1.  Is authorized by an independent sanctioning authority
31to work for 20 or more hours within a calendar year, whether for
32compensation or as a volunteer, for a youth athletic team based
33in this state; and
34     2.  Has direct contact with one or more minors on the youth
35athletic team.
36     (b)  "Independent sanctioning authority" means a private,
37nongovernmental entity that organizes, operates, or coordinates
38a youth athletic team in this state. Such team shall include one
39or more minors and may not be affiliated with a private school
40as defined in s. 1002.01, Florida Statutes.
41     (2)  An independent sanctioning authority shall:
42     (a)  Conduct a background screening of each current and
43prospective athletic coach. No person shall be authorized by the
44independent sanctioning authority to act as an athletic coach
45after July 1, 2008, unless a background screening has been
46conducted and did not result in disqualification under paragraph
47(b). Background screenings shall be conducted annually for each
48athletic coach. For purposes of this section, a background
49screening shall be conducted with a search of the athletic
50coach's name or other identifying information against state and
51federal registries of sexual predators and sexual offenders,
52which are available to the public on an Internet site provided
53by:
54     1.  The Department of Law Enforcement under s. 943.043,
55Florida Statutes; and
56     2.  The Attorney General of the United States under 42
57U.S.C. s. 16920.
58     (b)  Disqualify any person from acting as an athletic coach
59if he or she is identified on either registry described in
60paragraph (a).
61     (c)  Provide written notice to a person disqualified within
627 business days following the background screening under
63paragraph (a), which advises the person of the results and of
64his or her disqualification.
65     (d)  Maintain documentation of:
66     1.  The results for each person screened under paragraph
67(a); and
68     2.  The written notice of disqualification provided to each
69person under paragraph (c).
70     (3)  In a civil action for the death of, or injury or
71damage to, a third person caused by the intentional tort of an
72athletic coach, which relates to sexual misconduct, it is a
73rebuttable presumption that the independent sanctioning
74authority was not negligent in authorizing the athletic coach if
75prior to such authorization it complied with the background
76screening and disqualification requirements of subsection (2).
77     (4)  The Legislature encourages independent sanctioning
78authorities for youth athletic teams to participate in the
79Volunteer and Employee Criminal History System, as authorized by
80the National Child Protection Act of 1993 and s. 943.0542,
81Florida Statutes.
82     Section 2.  This act shall take effect July 1, 2008.


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