1 | A bill to be entitled |
2 | An act relating to athletic coaches; defining the terms |
3 | "athletic coach" and "independent sanctioning authority"; |
4 | requiring the independent sanctioning authority of a youth |
5 | athletic team to screen the background of current and |
6 | prospective athletic coaches through designated federal |
7 | and state sex offender Internet websites; requiring the |
8 | independent sanctioning authority to disqualify any |
9 | athletic coach appearing on either registry; requiring the |
10 | independent sanctioning authority to provide a |
11 | disqualified coach with written notice; requiring the |
12 | independent sanctioning authority to maintain |
13 | documentation of screening results and disqualification |
14 | notices; providing a rebuttable presumption that an |
15 | independent sanctioning authority did not negligently |
16 | authorize an athletic coach for purposes of a civil action |
17 | for an intentional tort relating to sexual misconduct if |
18 | the authority complied with the screening and |
19 | disqualification requirements; encouraging independent |
20 | sanctioning authorities for youth athletic teams to |
21 | participate in the Volunteer and Employee Criminal History |
22 | System; providing an effective date. |
23 |
|
24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
|
26 | Section 1. Athletic coaches for independent sanctioning |
27 | authorities.-- |
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 |
31 | to work for 20 or more hours within a calendar year, whether for |
32 | compensation or as a volunteer, for a youth athletic team based |
33 | in this state; and |
34 | 2. Has direct contact with one or more minors on the youth |
35 | athletic team. |
36 | (b) "Independent sanctioning authority" means a private, |
37 | nongovernmental entity that organizes, operates, or coordinates |
38 | a youth athletic team in this state. Such team shall include one |
39 | or more minors and may not be affiliated with a private school |
40 | as defined in s. 1002.01, Florida Statutes. |
41 | (2) An independent sanctioning authority shall: |
42 | (a) Conduct a background screening of each current and |
43 | prospective athletic coach. No person shall be authorized by the |
44 | independent sanctioning authority to act as an athletic coach |
45 | after July 1, 2008, unless a background screening has been |
46 | conducted and did not result in disqualification under paragraph |
47 | (b). Background screenings shall be conducted annually for each |
48 | athletic coach. For purposes of this section, a background |
49 | screening shall be conducted with a search of the athletic |
50 | coach's name or other identifying information against state and |
51 | federal registries of sexual predators and sexual offenders, |
52 | which are available to the public on an Internet site provided |
53 | by: |
54 | 1. The Department of Law Enforcement under s. 943.043, |
55 | Florida Statutes; and |
56 | 2. The Attorney General of the United States under 42 |
57 | U.S.C. s. 16920. |
58 | (b) Disqualify any person from acting as an athletic coach |
59 | if he or she is identified on either registry described in |
60 | paragraph (a). |
61 | (c) Provide written notice to a person disqualified within |
62 | 7 business days following the background screening under |
63 | paragraph (a), which advises the person of the results and of |
64 | his 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 |
69 | person under paragraph (c). |
70 | (3) In a civil action for the death of, or injury or |
71 | damage to, a third person caused by the intentional tort of an |
72 | athletic coach, which relates to sexual misconduct, it is a |
73 | rebuttable presumption that the independent sanctioning |
74 | authority was not negligent in authorizing the athletic coach if |
75 | prior to such authorization it complied with the background |
76 | screening and disqualification requirements of subsection (2). |
77 | (4) The Legislature encourages independent sanctioning |
78 | authorities for youth athletic teams to participate in the |
79 | Volunteer and Employee Criminal History System, as authorized by |
80 | the National Child Protection Act of 1993 and s. 943.0542, |
81 | Florida Statutes. |
82 | Section 2. This act shall take effect July 1, 2008. |