Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 160
       
       
       
       
       
       
                                Barcode 723946                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/02/2009 10:39 AM       .                                
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       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.