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.