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.