Florida Senate - 2009 CS for CS for SB 160 By the Committees on Judiciary; and Criminal Justice; and Senator Ring 590-02984-09 2009160c2 1 A bill to be entitled 2 An act relating to criminal history record checks; 3 defining the terms “independent youth athletic team,” 4 “minor,” and “sports coach”; specifying what is 5 included as a “sanctioning authority of an independent 6 youth athletic team”; requiring the sanctioning 7 authority of an independent youth athletic team to 8 screen an applicant for sports coach through 9 designated public websites maintained by the 10 Department of Law Enforcement and the United States 11 Department of Justice; requiring the sanctioning 12 authority to disqualify any applicant from acting as a 13 sports coach if that applicant appears on either 14 registry; requiring the sanctioning authority to 15 notify the applicant of his or her right to obtain a 16 copy of the screening report; providing that an 17 applicant who is disqualified from acting as a sports 18 coach based on the screening may appeal to the 19 sanctioning authority the accuracy and completeness of 20 the screening report; providing that the sanctioning 21 authority may place an applicant appealing his or her 22 disqualification as a sports coach on probationary 23 status pending resolution of the appeal; providing 24 that a background screening in compliance with the 25 federal Fair Credit Reporting Act satisfies screening 26 provisions; requiring each sanctioning authority to 27 sign an affidavit annually, under penalty of perjury, 28 stating that all persons who have applied for a 29 position as a sports coach of an independent youth 30 athletic team under its jurisdiction have been 31 screened; requiring a sanctioning authority to 32 maintain the affidavit in its files and to provide a 33 copy of the affidavit to anyone upon request; creating 34 rebuttable presumptions in a civil action brought 35 against a sanctioning authority in which it is alleged 36 that the sanctioning authority was negligent in the 37 hiring of a sports coach because of sexual misconduct 38 committed by the sports coach; providing legislative 39 intent encouraging sanctioning authorities for youth 40 athletic teams to participate in the Volunteer and 41 Employee Criminal History System as authorized by the 42 National Child Protection Act and the laws of this 43 state; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Criminal history record checks for sports 48 coaches.— 49 (1) As used in this section, the term: 50 (a) “Independent youth athletic team” or “team” means an 51 athletic team that is based in this state and that: 52 1. Includes a minor as a team member; 53 2. Is sanctioned by an independent organization; and 54 3. Is not sanctioned by or affiliated with a public or 55 private school. 56 (b) “Minor” has the same meaning as in s. 1.01, Florida 57 Statutes. 58 (c) “Sports coach” means a person who is authorized by a 59 sanctioning authority to be responsible for leading an 60 independent youth athletic team and any person assisting the 61 sports coach. A sports coach is an individual who: 62 1. Works or volunteers or is to work or volunteer for the 63 independent youth athletic team 20 or more hours within a 64 calendar year; 65 2. Has or is to have unsupervised contact with minors; or 66 3. Serves or is to serve as a chaperone for minors on any 67 overnight activity related to the independent youth athletic 68 team. 69 (2) For purposes of this section, the term “sanctioning 70 authority of an independent youth athletic team” includes the 71 independent organization having authority to sanction an 72 independent youth athletic team, any local office of that 73 organization, and any office or entity that is authorized by 74 that organization to perform any of its functions or represent 75 its interests. 76 (3)(a) Before a person in this state is hired or recruited 77 as a sports coach of an independent youth athletic team, the 78 sanctioning authority of the independent youth athletic team 79 must screen the person through the public website on sexual 80 offenders and sexual predators maintained by the Department of 81 Law Enforcement and the Dru Sjodin National Sex Offender Public 82 Website maintained by the United States Department of Justice. 83 (b) The sanctioning authority shall disqualify an applicant 84 for sports coach from acting as a sports coach if the applicant 85 appears on either registry. 86 (c) The sanctioning authority must notify in writing each 87 applicant for sports coach of his or her right to obtain a copy 88 of the screening report. An applicant who is disqualified from 89 acting as a sports coach based on the screening may appeal to 90 the sanctioning authority the accuracy and completeness of any 91 information contained in the screening report. Unless otherwise 92 prohibited by state or federal law, an applicant appealing his 93 or her disqualification as a sports coach may be placed on 94 probationary status pending resolution of the appeal. 95 (d) For the purposes of this section, a sanctioning 96 authority that uses a commercial consumer reporting agency that 97 conducts a background screening in compliance with the federal 98 Fair Credit Reporting Act utilizing the information from the 99 sexual predators and sexual offenders Internet websites listed 100 in paragraph (a) shall be deemed in compliance with the 101 requirements of this subsection. 102 (4) Each sanctioning authority must sign an affidavit 103 annually, under penalty of perjury, stating that all persons who 104 have applied for a position as a sports coach of an independent 105 youth athletic team under its jurisdiction have been screened in 106 compliance with subsection (3). The sanctioning authority must 107 maintain the affidavit in its records and provide a copy of the 108 affidavit to any person requesting it. 109 (5) In any civil action brought against a sanctioning 110 authority in which it is alleged that the sanctioning authority 111 was negligent in the hiring of a sports coach because of sexual 112 misconduct committed by the sports coach, a rebuttable 113 presumption is created that the sanctioning authority was: 114 (a) Not negligent in the hiring of the sports coach if the 115 sanctioning authority conducted a screening of the sports coach 116 by participating in the Volunteer and Employee Criminal History 117 System and made a reasonable effort to contact references. 118 (b) Negligent in the hiring of the sports coach if the 119 sanctioning authority did not conduct a screening of the sports 120 coach by participating in the Volunteer and Employee Criminal 121 History System of the Department of Law Enforcement and make a 122 reasonable effort to contact references. 123 Section 2. Because of the history of harm to children by 124 coaches and others, the Legislature encourages sanctioning 125 authorities for youth athletic teams to participate in the 126 Volunteer and Employee Criminal History System, as authorized by 127 the National Child Protection Act of 1993 and s. 943.0542, 128 Florida Statutes. 129 Section 3. This act shall take effect July 1, 2009.