Florida Senate - 2009 SB 160 By Senator Ring 32-00037-09 2009160__ 1 A bill to be entitled 2 An act relating to criminal history record checks; 3 defining the terms “sports coach” and “independent 4 youth athletic team”; requiring the sanctioning 5 authority of an independent youth athletic team to 6 screen any person who is a sports coach of an 7 independent youth athletic team; requiring the 8 sanctioning authority to screen the sports coach 9 through the designated public websites of the 10 Department of Law Enforcement and the United States 11 Department of Justice; requiring the sanctioning 12 authority to disqualify any sports coach appearing on 13 either registry; requiring the sanctioning authority 14 to notify the sports coach of his or her right to 15 obtain a copy of the screening and to challenge the 16 accuracy and completeness of a screening report; 17 requiring each sanctioning authority to sign an 18 affidavit annually, under penalty of perjury, stating 19 that all sports coaches under its jurisdiction have 20 been screened or are newly hired and awaiting the 21 results of the screening; allowing a sports coach to 22 be placed on probationary status pending compliance 23 with the screening requirement; creating a rebuttable 24 presumption that a sports coach was not negligently 25 hired if the sanctioning authority completed the 26 required screening process of the sports coach; 27 creating a rebuttable presumption that a sports coach 28 was negligently hired if the sanctioning authority did 29 not complete the required screening of the sports 30 coach; providing legislative intent encouraging 31 sanctioning authorities for youth athletic teams to 32 participate in the Volunteer and Employee Criminal 33 History System as authorized by the National Child 34 Protection Act and the laws of this state; providing 35 an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Criminal history record checks for sports 40 coaches.— 41 (1) As used in this section, the term: 42 (a) “Independent youth athletic team” or “team” means an 43 athletic team that: 44 1. Includes a minor as a team member; 45 2. Is sanctioned by an independent organization; and 46 3. Is not sanctioned by or affiliated with a public or 47 private school. 48 (b) “Minor” has the same meaning as in s. 1.01, Florida 49 Statutes. 50 (c) “Sports coach” means a person who is authorized by a 51 sanctioning authority to be responsible for leading an 52 independent youth athletic team and any person assisting the 53 sports coach. A sports coach is an individual who: 54 1. Works or is to work for the independent youth athletic 55 team 20 or more hours within a calendar year; 56 2. Has or is to have unsupervised contact with minors; and 57 3. Serves or is to serve as a chaperone for minors on any 58 overnight activity related to the independent youth athletic 59 team. 60 (2)(a) The sanctioning authority of an independent youth 61 athletic team must screen any person in this state who acts as a 62 sports coach to an independent youth athletic team. The 63 screening must be conducted through the sexual offenders and 64 predators public website of the Department of Law Enforcement 65 and the Dru Sjodin National Sex Offender Public Registry website 66 of the United States Department of Justice. 67 (b) The sanctioning authority shall disqualify any sports 68 coach appearing on either registry. 69 (c) The sanctioning authority must notify in writing the 70 sports coach of his or her right to obtain a copy of the 71 screening. A disqualified sports coach may challenge the 72 accuracy and completeness of any information contained in the 73 screening report. 74 (3) Each sanctioning authority for an independent youth 75 athletic team must sign an affidavit annually, under penalty of 76 perjury, stating that all sports coaches under its jurisdiction 77 have been screened or are newly hired and awaiting the results 78 of the screening through the websites of the Department of Law 79 Enforcement and the United States Department of Justice as set 80 forth in subsection (2). 81 (4) Unless otherwise prohibited by state or federal law, a 82 sports coach may be placed on probationary status pending a 83 determination of compliance with subsection (2). 84 (5)(a) In any civil action brought against a sanctioning 85 authority for harm negligently caused by a sports coach, a 86 rebuttable presumption is created that the independent youth 87 athletic team was not negligent in hiring the sports coach if 88 the sanctioning authority: 89 1. Conducted a screening of the sports coach by reviewing 90 the sexual offenders and predators public website of the 91 Department of Law Enforcement and the Dru Sjodin National Sex 92 Offender Public Registry of the United States Department of 93 Justice; and 94 2. Made a reasonable effort to contact references and 95 former employers of the sports coach concerning the suitability 96 of the sports coach to work with minors. 97 (b) In any civil action brought against a sanctioning 98 authority for harm negligently caused by a sports coach, a 99 rebuttable presumption is created that the independent youth 100 athletic team was negligent in hiring the sports coach if the 101 sanctioning authority failed to comply with the requirements of 102 paragraph (2)(a). 103 Section 2. Because of the history of harm to children by 104 coaches and others, the Legislature encourages sanctioning 105 authorities for youth athletic teams to participate in the 106 Volunteer and Employee Criminal History System, as authorized by 107 the National Child Protection Act of 1993 and s. 943.0542, 108 Florida Statutes. 109 Section 3. This act shall take effect July 1, 2009.