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.