Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 160 Barcode 723946 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/02/2009 10:39 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Aronberg moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Criminal history record checks for sports 6 coaches and summer camp personnel.— 7 (1) As used in this section, the term: 8 (a) “Independent youth athletic team” or “team” means an 9 athletic team that is based in this state and that: 10 1. Includes a minor as a team member; 11 2. Is sanctioned by an independent organization; and 12 3. Is not sanctioned by or affiliated with a public or 13 private school. 14 (b) “Minor” has the same meaning as in s. 1.01, Florida 15 Statutes. 16 (c) “Provider of summer camp” means any not-for-profit or 17 for profit provider of programs that operate during the summer 18 months for minors. 19 (d) “Sports coach” means a person who is authorized by a 20 sanctioning authority to be responsible for leading an 21 independent youth athletic team and any person assisting the 22 sports coach. A sports coach is an individual who: 23 1. Works or volunteers or is to work or volunteer for the 24 independent youth athletic team 20 or more hours within a 25 calendar year; 26 2. Has or is to have unsupervised contact with minors; or 27 3. Serves or is to serve as a chaperone for minors on any 28 overnight activity related to the independent youth athletic 29 team. 30 (e) “Summer camp personnel” means paid personnel and 31 volunteers who work at a camp for minors during the summer 32 months. 33 (2) For purposes of this section, the term “sanctioning 34 authority of an independent youth athletic team” includes the 35 independent organization having authority to sanction an 36 independent youth athletic team, any local office of that 37 organization, and any office or entity that is authorized by 38 that organization to perform any of its functions or represent 39 its interests. 40 (3)(a) Before a person in this state is hired or recruited 41 as a sports coach of an independent youth athletic team or 42 summer camp personnel, the sanctioning authority of the 43 independent youth athletic team or provider of summer camp must 44 screen the person through the public website on sexual offenders 45 and sexual predators maintained by the Department of Law 46 Enforcement and the Dru Sjodin National Sex Offender Public 47 Website maintained by the United States Department of Justice. 48 (b) The sanctioning authority or provider of summer camp 49 shall disqualify an applicant for sports coach or summer camp 50 personnel from acting as a sports coach or summer camp personnel 51 if the applicant appears on either registry. 52 (c) The sanctioning authority or provider of summer camp 53 must notify in writing each applicant for sports coach or summer 54 camp personnel of his or her right to obtain a copy of the 55 screening report. An applicant who is disqualified from acting 56 as a sports coach or summer camp personnel based on the 57 screening may appeal to the sanctioning authority or provider of 58 summer camp the accuracy and completeness of any information 59 contained in the screening report. Unless otherwise prohibited 60 by state or federal law, an applicant appealing his or her 61 disqualification as a sports coach or summer camp personnel may 62 be placed on probationary status pending resolution of the 63 appeal. 64 (d) For the purposes of this section, a sanctioning 65 authority that uses a commercial consumer reporting agency that 66 conducts a background screening in compliance with the federal 67 Fair Credit Reporting Act utilizing the information from the 68 sexual predators and sexual offenders Internet websites listed 69 in paragraph (a) shall be deemed in compliance with the 70 requirements of this subsection. 71 (4) Each sanctioning authority or provider of summer camp 72 must sign an affidavit annually, under penalty of perjury, 73 stating that all persons who have applied for a position as a 74 sports coach of an independent youth athletic team or summer 75 camp personnel under its jurisdiction have been screened in 76 compliance with subsection (3). The sanctioning authority or 77 provider of summer camp must maintain the affidavit in its 78 records and provide a copy of the affidavit to any person 79 requesting it. 80 (5) In any civil action brought against a sanctioning 81 authority or provider of summer camp in which it is alleged that 82 the sanctioning authority or provider of summer camp was 83 negligent in the hiring of a sports coach or summer camp 84 personnel because of sexual misconduct committed by the sports 85 coach or summer camp personnel, a rebuttable presumption is 86 created that the sanctioning authority or provider of summer 87 camp was: 88 (a) Not negligent in the hiring of the sports coach or 89 summer camp personnel if the sanctioning authority or provider 90 of summer camp conducted a screening of the sports coach or 91 summer camp personnel by participating in the Volunteer and 92 Employee Criminal History System and made a reasonable effort to 93 contact references. 94 (b) Negligent in the hiring of the sports coach or summer 95 camp personnel if the sanctioning authority or provider of 96 summer camp did not conduct a screening of the sports coach or 97 summer camp personnel by participating in the Volunteer and 98 Employee Criminal History System of the Department of Law 99 Enforcement and make a reasonable effort to contact references. 100 Section 2. Because of the history of harm to children by 101 coaches and others, the Legislature encourages sanctioning 102 authorities for youth athletic teams and providers of summer 103 camp to participate in the Volunteer and Employee Criminal 104 History System, as authorized by the National Child Protection 105 Act of 1993 and s. 943.0542, Florida Statutes. 106 107 ================= T I T L E A M E N D M E N T ================ 108 And the title is amended as follows: 109 Delete everything before the enacting clause 110 and insert: 111 A bill to be entitled 112 An act relating to criminal history record checks; 113 defining the terms “independent youth athletic team,” 114 “minor,” “provider of summer camp,” “sports coach,” 115 and “summer camp personnel”; specifying what is 116 included as a “sanctioning authority of an independent 117 youth athletic team”; requiring the sanctioning 118 authority of an independent youth athletic team or 119 provider of summer camp to screen an applicant for 120 sports coach or summer camp personnel through 121 designated public websites maintained by the 122 Department of Law Enforcement and the United States 123 Department of Justice; requiring the sanctioning 124 authority or provider of summer camp to disqualify any 125 applicant from acting as a sports coach or summer camp 126 personnel if that applicant appears on either 127 registry; requiring the sanctioning authority or 128 provider of summer camp to notify the applicant of his 129 or her right to obtain a copy of the screening report; 130 providing that an applicant who is disqualified from 131 acting as a sports coach or summer camp personnel 132 based on the screening may appeal to the sanctioning 133 authority or provider of summer camp the accuracy and 134 completeness of the screening report; providing that 135 the sanctioning authority or provider of summer camp 136 may place an applicant appealing his or her 137 disqualification as a sports coach or summer camp 138 personnel on probationary status pending resolution of 139 the appeal; providing that a background screening in 140 compliance with the federal Fair Credit Reporting Act 141 satisfies screening provisions; requiring each 142 sanctioning authority or provider of summer camp to 143 sign an affidavit annually, under penalty of perjury, 144 stating that all persons who have applied for a 145 position as a sports coach of an independent youth 146 athletic team or summer camp personnel under its 147 jurisdiction have been screened; requiring a 148 sanctioning authority or provider of summer camp to 149 maintain the affidavit in its files and to provide a 150 copy of the affidavit to anyone upon request; creating 151 rebuttable presumptions in a civil action brought 152 against a sanctioning authority or provider of summer 153 camp in which it is alleged that the sanctioning 154 authority or provider of summer camp was negligent in 155 the hiring of a sports coach or summer camp personnel 156 because of sexual misconduct committed by the sports 157 coach or summer camp personnel; providing legislative 158 intent encouraging sanctioning authorities for youth 159 athletic teams and providers of summer camp to 160 participate in the Volunteer and Employee Criminal 161 History System as authorized by the National Child 162 Protection Act and the laws of this state; providing 163 an effective date.