Florida Senate - 2009 SB 2414 By Senator Peaden 2-01741A-09 20092414__ 1 A bill to be entitled 2 An act relating to interscholastic athletics; amending 3 s. 1006.20, F.S.; providing legislative intent and 4 findings; providing that the nonprofit organization 5 governing interscholastic athletics is exempt from ch. 6 120, F.S.; requiring that a public high school that 7 sponsors an interscholastic athletics program be a 8 member of the organization; providing that public and 9 private middle schools may also be members of the 10 organization; providing membership for the 11 organization's governing structure; prohibiting a 12 person from serving on more than one group in the 13 organization's governing structure; dividing the state 14 into seven administrative sections; dividing the 15 administrative sections into 14 legislative divisions; 16 requiring that the organization provide notice of all 17 meetings and hearings on its Internet website within a 18 certain period before the meeting or hearing; 19 establishing a board of directors; providing 20 membership; providing terms; providing duties and 21 responsibilities; requiring an annual audit of the 22 organization's financial accounts and records by an 23 independent certified public accountant; requiring 24 that the board of directors annually report on the 25 activities of the organization to state government 26 leaders; requiring that the board of directors meet 27 monthly; providing a quorum; prohibiting the board of 28 directors from delegating its powers and duties; 29 providing duties and responsibilities for the chief 30 administrative officer and administrative staff; 31 requiring that the board of directors establish a 32 personnel management system; providing requirements 33 for the organization's retirement plan; replacing the 34 organization's representative assembly with a 35 legislative council; establishing the legislative 36 council as the organization's primary legislative 37 authority; providing membership; providing terms; 38 providing duties and responsibilities; requiring that 39 the legislative council meet a certain number of times 40 each school year; providing a system for weighing the 41 votes of elected council members; providing a quorum; 42 replacing the organization's public liaison advisory 43 committee with a leadership council; establishing the 44 leadership council as the primary advisory group to 45 the board of directors and legislative council; 46 providing membership; providing terms; providing 47 duties and responsibilities; requiring that the 48 leadership council meet a certain number of times each 49 school year; providing a quorum; establishing a 50 committee on appeals as the appellate authority of the 51 organization; providing membership; providing terms; 52 providing duties and responsibilities; requiring that 53 the organization's bylaws establish the criteria for 54 considering appeals; authorizing the committee on 55 appeals to review decisions of sectional eligibility 56 committees; requiring that the committee on appeals 57 meet monthly; providing a quorum; creating a committee 58 on infractions; establishing the committee on 59 infractions for the administration of the 60 organization's enforcement program; providing 61 membership; providing terms; providing duties and 62 responsibilities; establishing standards for 63 determinations made by the committee on infractions; 64 requiring that the committee on infractions meet at 65 least once each year; providing a quorum; providing 66 voting requirements for meetings of the committee on 67 infractions; replacing the committee on appeals in 68 each administrative section with a sectional 69 eligibility committee; providing membership; providing 70 duties and responsibilities; establishing criteria for 71 an undue hardship; limiting the sectional eligibility 72 committees' exemption powers; requiring that each 73 sectional eligibility committee meet monthly; 74 providing a quorum; providing voting requirements for 75 meetings of the sectional eligibility committees; 76 providing that the organization's rules be adopted, 77 amended, or repealed only by the board of directors or 78 legislative council; establishing the entities that 79 may sponsor rule proposals; requiring that the board 80 of directors review rules adopted by the legislative 81 council; providing an effective date for rules adopted 82 by the legislative council; providing requirements for 83 the bylaws; requiring that the organization adopt 84 rules for sports that have been established by a 85 nationally recognized sanctioning body unless waived 86 by a two-thirds vote of the legislative council and 87 approved by the board of directors; providing a 88 timeline for appointments to the board of directors 89 and requiring that the organization meet by a 90 specified date; requiring that the board evaluate the 91 organization's governing structure and make 92 recommendations to the Legislature by a specified 93 date; providing an effective date. 94 95 Be It Enacted by the Legislature of the State of Florida: 96 97 Section 1. Section 1006.20, Florida Statutes, is amended to 98 read: 99 (Substantial rewording of section. See 100 s. 1006.20, F.S., for present text.) 101 1006.20 Governing organization for interscholastic 102 athletics programs in public schools.— 103 (1) LEGISLATIVE INTENT AND FINDINGS.—It is the intent of 104 the Legislature that interscholastic athletics programs 105 sponsored by public high schools be administered in an 106 effective, efficient, equitable, and economical manner that 107 enhances the educational experience of participating students 108 and provides accountability to the residents who fund them. 109 Therefore, the Legislature finds that the governing nonprofit 110 organization for interscholastic athletics programs in public 111 high schools must have an administrative framework that: 112 (a) Provides oversight and direction by business and 113 educational experts who will manage the organization in a manner 114 similar to an entrepreneurial business enterprise while not 115 compromising the educational nature of its purpose. 116 (b) Ensures that all member schools are equitably 117 represented in the development and adoption of rules governing 118 the organization's programs and activities. 119 (c) Ensures all member schools that are accused of rules 120 infractions a fair enforcement and appeals process and students 121 who lose their eligibility to participate a fair opportunity for 122 reinstatement. 123 (d) Holds the organization accountable to the Legislature, 124 its member schools, and the public through a system of audits 125 and reports, public input, and compliance with open-meetings and 126 public-records laws. 127 (2) DESIGNATION OF GOVERNING NONPROFIT ORGANIZATION.— 128 (a) The Florida High School Athletic Association is 129 designated as the governing nonprofit organization of athletics 130 in Florida public schools only if the organization complies with 131 this section. If the Florida High School Athletic Association 132 fails to comply with this section, the Governor shall establish 133 a new nonprofit organization to govern athletics with the 134 approval of the Senate. 135 (b) The organization is not subject to chapter 120; 136 however, it is subject to s. 1006.19, relating to the audit of 137 records of nonprofit corporations and associations that handle 138 interscholastic activities. 139 (c) For the purposes of this section, the term “high 140 school” includes grades 6 through 12. 141 (3) MEMBERSHIP IN THE ORGANIZATION.—A public high school 142 that sponsors an interscholastic athletics program is a member 143 of the organization. A private high school that sponsors an 144 interscholastic athletics program and wishes to engage in 145 interscholastic athletic competition with a public high school 146 may be a member of the organization. A public or private middle 147 school that includes grades 6 through 8 and sponsors 148 interscholastic athletic programs may also be a member of the 149 organization. 150 (4) GOVERNING STRUCTURE OF THE ORGANIZATION.— 151 (a) A board of directors, legislative council, and 152 leadership council shall govern the organization. Quasi-judicial 153 committees shall hear infractions and student eligibility 154 reinstatement proceedings. A person may not serve on more than 155 one group in the organization's governing structure. Except as 156 provided in this section, the organization shall govern in 157 accordance with its bylaws. 158 (b) For the purpose of appointing members to the board of 159 directors and leadership council, and to establish territorial 160 jurisdictions for sectional eligibility committees, the state is 161 divided along county lines into seven geographically compact 162 administrative sections. For the purpose of selecting members to 163 the legislative council, the seven administrative sections are 164 further divided into 14 legislative divisions. The 165 administrative sections and legislative divisions are as 166 follows: 167 1. Section 1. 168 a. Division 1 is composed of Escambia, Santa Rosa, 169 Okaloosa, Walton, and Holmes Counties. 170 b. Division 2 is composed of Bay, Washington, Jackson, 171 Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, 172 Jefferson, Madison, and Taylor Counties. 173 2. Section 2. 174 a. Division 3 is composed of Hamilton, Suwannee, Lafayette, 175 Dixie, Columbia, Baker, Union, Bradford, Gilchrist, Alachua, 176 Levy, and Marion Counties. 177 b. Division 4 is composed of Nassau, Duval, Clay, St. 178 Johns, Putnam, and Flagler Counties. 179 3. Section 3. 180 a. Division 5 is composed of Citrus, Hernando, Sumter, 181 Pasco, and Pinellas Counties. 182 b. Division 6 is composed of Hillsborough and Polk 183 Counties. 184 4. Section 4. 185 a. Division 7 is composed of Lake, Orange, and Osceola 186 Counties. 187 b. Division 8 is composed of Volusia, Seminole, Brevard, 188 and Indian River Counties. 189 5. Section 5. 190 a. Division 9 is composed of Manatee, Hardee, Sarasota, 191 DeSoto, Highlands, Charlotte, and Glades Counties. 192 b. Division 10 is composed of Lee, Hendry, and Collier 193 Counties. 194 6. Section 6. 195 a. Division 11 is composed of Okeechobee, St. Lucie, 196 Martin, and Palm Beach Counties. 197 b. Division 12 is composed of Broward County. 198 7. Section 7. 199 a. Division 13 is composed of that section of Miami-Dade 200 County north of U.S. Highway 41. 201 b. Division 14 is composed of that section of Miami-Dade 202 County south of U.S. Highway 41 and Monroe County. 203 (c) Beginning in 2015, and every 8 years thereafter, the 204 organization shall review the composition of the administrative 205 sections and legislative divisions and, if deemed necessary and 206 advisable, recommend to the Legislature a redrawing of sectional 207 or divisional boundaries. 208 (d) Any person or entity who appoints members to any group 209 in the organization's governing structure shall examine the 210 existing diversity of the group and, to the greatest extent 211 possible, make appointments that reflect the racial, ethnic, and 212 gender diversity of the population of the state. 213 (e) A person who is appointed to any position on any group 214 in the organization's governing structure shall serve without 215 compensation, but may be reimbursed for all reasonable, 216 necessary, and actual expenses incurred during the performance 217 of his or her duties, as determined by the board of directors. 218 (f) Term limits do not apply to a person who is appointed 219 to fill an unexpired term on any group in the organization's 220 governing structure unless he or she serves more than one-half 221 of the unexpired term. 222 (g) Each group in the organization's governing structure 223 shall function as a body of the whole and may not subdivide 224 itself into committees to perform its duties. This paragraph 225 does not preclude any group from appointing its members to an ad 226 hoc committee if the issue or problem that the ad hoc committee 227 is addressing and the timeframe within which the ad hoc 228 committee is to complete its work is specified at the time the 229 ad hoc committee is established. 230 (h) Except in the case of emergency meetings, the 231 organization shall provide notice for any meeting or hearing by 232 publishing such notice on the organization's Internet website 233 not less than 7 days before such scheduled meeting or hearing. 234 The notice must include an agenda containing the items to be 235 considered in their order of presentation. A change may not be 236 made to the agenda after it has been published, except for good 237 cause as determined by the person designated to preside at the 238 meeting or hearing. The change must be properly noticed at the 239 earliest practicable time and stated in the record. 240 (5) BOARD OF DIRECTORS.— 241 (a) Composition.— 242 1. The supreme authority and executive power of the 243 organization shall be vested in a board of directors consisting 244 of the following 12 persons: 245 a. Eight citizen directors appointed by the Governor, seven 246 of whom shall be appointed from each administrative section in 247 which he or she resides. The Governor shall designate one of the 248 citizen directors as the chair who may be a resident of any 249 section. Each citizen director must possess the knowledge, 250 skill, and experience in the areas of business or athletic 251 management. A citizen director may not be or may not have been, 252 within the last 10 years, professionally connected with any 253 school that is or was a member of the organization, any public 254 school district, or any private school accrediting association. 255 b. Two directors who are education administrators appointed 256 by the President of the Senate, one of whom shall be a district 257 school superintendent and one of whom shall be a state executive 258 director of a private school accrediting association that has 259 schools that are members of the organization. 260 c. Two directors who are education administrators appointed 261 by the Speaker of the House of Representatives, one of whom 262 shall be a public school district-level athletic administrator 263 who is not employed at any member school of the organization and 264 one of whom shall be a state executive director or region-level 265 administrator of a private school accrediting association that 266 has high schools that are members of the organization. 267 2. The public school administrators appointed by the 268 President of the Senate and the Speaker of the House of 269 Representatives, respectively, may not be from school districts 270 located within the same administrative section. The private 271 school administrators appointed by the President of the Senate 272 and the Speaker of the House of Representatives, respectively, 273 may not be from the same private school accrediting association. 274 3. The board of directors shall consist of a chair and a 275 vice chair. The Governor shall appoint the chair and the board 276 shall biennially elect one of its members as vice chair. The 277 vice chair may not be immediately eligible for reelection to the 278 office. 279 (b) Terms.— 280 1. Citizen directors shall be appointed to staggered 4 281 years terms and are eligible for reappointment to a second term. 282 During the board's first meeting, it shall conduct a blind draw 283 to determine the manner in which the terms will be staggered. 284 The initial terms shall be as follows: 285 a. The chair and one educator shall be appointed to initial 286 terms of 4 years; 287 b. Three citizens and one educator shall be appointed to 288 initial terms of 3 years; 289 c. Two citizens and one educator shall be appointed to 290 initial terms of 2 years; and 291 d. The remaining two citizens and one educator shall be 292 appointed to initial terms of 1 year. 293 2. The Governor, the President of the Senate, and the 294 Speaker of the House of Representatives, respectively, shall 295 appoint persons to vacancies on the board depending upon who 296 appointed the director whose vacancy is to be filled or whose 297 term has expired. 298 3. The Governor, the President of the Senate, and the 299 Speaker of the House of Representatives may remove their 300 respective appointees for cause. Absence from three consecutive 301 meetings results in automatic removal. 302 (c) Duties and responsibilities.— 303 1. The board of directors shall: 304 a. Establish working principles for and direct the affairs 305 of the organization and faithfully execute its rules; 306 b. Provide strategic planning for the organization; 307 c. Ratify, remand, amend, or defeat rules adopted by the 308 legislative council; 309 d. Adopt or defeat rules independent of the legislative 310 council, if deemed necessary and appropriate; 311 e. Approve and oversee the management of an annual budget 312 for the organization and provide for the proper keeping of 313 accounts and records; 314 f. Secure funding for the organization by means of, 315 including, but not limited to, assessing annual dues and service 316 fees on member schools, charging admission for organization 317 events, and collecting a percentage of the receipts from such 318 events; 319 g. Adopt policies necessary for the management of the 320 organization's business, the collection and expenditure of 321 funds, the distribution of income, and the administration of 322 state interscholastic athletic championships; 323 h. Appoint members of the organization's committee on 324 appeals, committee on infractions, and sectional eligibility 325 committees; 326 i. Review and approve policies and procedures governing the 327 organization's enforcement program, eligibility reinstatement 328 process, and appeals process; 329 j. Ratify, amend, or rescind the actions of the legislative 330 council or leadership council; 331 k. Create and adopt operating guidelines for a substructure 332 of committees composed of experts in the field to provide advice 333 and guidance to the board of directors, legislative council, and 334 leadership council; 335 l. Consider all requests by member schools for exceptions 336 to or exemptions from organization rules, policies, or 337 procedures which are unrelated to student eligibility; 338 m. Convene at least one joint meeting each year with the 339 legislative council and leadership council; 340 n. Convene at least one joint meeting each year of the 341 committee on appeals, committee on infractions, and sectional 342 eligibility committees; 343 o. Retain legal counsel and initiate and settle litigation; 344 p. Make and enter into contracts or agreements necessary or 345 convenient for the exercise of its powers and functions; and 346 q. Perform every other matter or thing necessary for the 347 proper management, maintenance, support, and control of the 348 organization at the highest efficiency economically possible to 349 carry out the purposes of the organization. 350 2. The board shall provide for an annual audit of the 351 organization's financial accounts and records by an independent 352 certified public accountant. The audit shall be conducted under 353 the supervision of a committee consisting of the board's chair 354 and vice chair, the chair of the legislative council, and the 355 chair of the leadership council. 356 3. Each of the citizen directors appointed from the seven 357 administrative sections shall annually conduct a public hearing 358 in the section from which he or she was appointed. During such 359 hearing, interested parties may address issues regarding the 360 effectiveness of the rules, operation, and management of the 361 organization. Each citizen director shall submit a written 362 report containing the results of his or her respective public 363 hearing to the board of directors. 364 4. The board of directors shall prepare an annual report on 365 the activities of the organization, which shall be submitted 366 each year by November 30 to the Governor, the President of the 367 Senate, the Speaker of the House of Representatives, and the 368 chairpersons of the legislative education committees in the 369 Senate and the House of Representatives. The annual report must 370 include a copy of the independent financial audit report from 371 the most recent fiscal year and the written reports from the 372 public hearings conducted by each citizen director. 373 (d) Meetings.— 374 1. The board of directors shall meet monthly. Additional 375 meetings may be held upon the call of the chair or at the 376 request of a majority of the directors. Each meeting shall be 377 available to the public and provide time for comment. 378 2. When considering any matter of business before the 379 board, each director shall represent and act on behalf of the 380 organization as a whole and shall have one vote. 381 3. A majority of the total number of voting directors shall 382 constitute a quorum. The board may take official action by a 383 majority vote of the directors present at any meeting at which a 384 quorum is present, except as expressly provided in the 385 organization's bylaws or this section. 386 (e) Chief administrative officer; administrative staff.— 387 1. The board of directors shall employ by written contract 388 a chief administrative officer and other administrators to 389 efficiently conduct the business of the organization, determine 390 their titles, fix their compensation, and remove them if 391 necessary. The board of directors may not delegate its powers or 392 duties to any administrator. 393 2. The chief administrative officer shall act as the agent 394 of and be evaluated each year by the board of directors. The 395 chief administrative officer shall recommend to the board an 396 organizational structure for and assignment of responsibilities 397 to the administrative staff and shall direct, manage, train, and 398 evaluate the performance of the administrative staff. 399 3. The chief administrative officer and administrative 400 staff shall: 401 a. Implement the directives of the board of directors; 402 b. Administer the organization's activities and programs; 403 c. Apply consistently the organization's rules; 404 d. Investigate violations of the organization's rules; 405 e. Recommend rules, policies, and procedures for the 406 efficient, effective, and economic administration of the 407 organization's programs and activities; 408 f. Advise the board of directors on issues affecting the 409 organization and recommend strategies for resolving such issues; 410 g. Facilitate, give notice, and keep official records of 411 all meetings of the organization; 412 h. Provide member schools with all printed materials 413 necessary to administer the organization's programs; 414 i. Promote harmony among member schools by handling 415 controversies that arise or appear likely to arise; 416 j. Maintain relations with the public, government, 417 affiliated organizations, and other stakeholders; and 418 k. Perform other duties as required in this section, the 419 organization's bylaws, or by the board of the directors. 420 4. The board of directors shall establish a personnel 421 management system that includes policies and procedures for 422 employee hiring, training, advancement, salary administration, 423 benefits, retirement plan, discipline, discharge, performance 424 evaluations, and other related activities. All administrators 425 shall be afforded the same benefits. 426 5. The retirement plan established by the board of 427 directors for employees must be comparable to that of the 428 Teachers' Retirement System in chapter 238; however, the 429 retirement benefits paid to any employee may not exceed the 430 benefits that the employee would have been eligible to receive 431 had the employee been a participant in such system. 432 (6) LEGISLATIVE COUNCIL.— 433 (a) Composition.— 434 1. The organization's primary legislative authority shall 435 be vested in a legislative council consisting of 35 persons who 436 are member school administrators. The members of the legislative 437 council shall consist of: 438 a. Fourteen public high school principals or athletic 439 directors of member schools, one from each legislative division 440 elected by the public high schools within the division. 441 b. Seven private high school principals or athletic 442 directors of member schools, one from each administrative 443 section elected by the private high schools within the section. 444 c. Seven principals or athletic directors of member middle 445 schools, one from each administrative section elected by the 446 middle schools within the section. 447 d. Seven high school principals or athletic directors of 448 member schools, one appointed at large from each administrative 449 section by the board of directors to ensure diversity 450 representation. Each at-large appointee shall be a racial 451 minority or a member of the underrepresented gender. Four of the 452 at-large appointees shall be from public high schools. Three of 453 the at-large appointees shall be from private high schools. When 454 making its appointments, the board of directors shall ensure 455 that small, medium, large, and extra-large public high schools, 456 and small, medium, and large private high schools are 457 represented. 458 2. The legislative council shall biennially elect from 459 among its members a chair and vice chair who are not immediately 460 eligible for reelection to their respective positions. 461 (b) Terms.— 462 1. Council members shall be elected or appointed to 4-year 463 staggered terms and may be reelected or reappointed to a second 464 term as follows: 465 a. Of the council members initially elected: 466 (I) Three public high school administrators, two private 467 high school administrators, and two middle school administrators 468 shall serve initial terms of 4 years; 469 (II) Four public high school administrators, two private 470 high school administrators, and one middle school administrator 471 shall serve initial terms of 3 years; 472 (III) Three public high school administrators, two private 473 high school administrators, and two middle school administrators 474 shall serve initial terms of 2 years; and 475 (IV) Four public high school administrators, one private 476 high school administrator, and two middle school administrators 477 shall serve initial terms of 1 year. 478 479 The legislative council shall conduct a blind draw during its 480 first meeting to determine the manner in which the terms for 481 elected council members will be staggered. 482 b. Of the council members initially appointed at-large from 483 high schools to ensure diversity representation: 484 (I) Two appointees shall be appointed to initial terms of 4 485 years; 486 (II) Two appointees shall be appointed to initial terms of 487 3 years; 488 (III) Two appointees shall be appointed to initial terms of 489 2 years; and 490 (IV) One appointee shall be appointed to an initial term of 491 1 year. 492 493 The board of directors when making the initial appointments 494 shall spread the staggering of terms equitably between the 495 represented groups. 496 2. A vacancy that occurs during a school year in any 497 elected position on the legislative council shall be filled for 498 the remainder of that school year by the board of directors. If 499 more than 1 school year remains in the term, the vacancy shall 500 be filled for the remaining years of the term through a special 501 election held as part of the organization's annual general 502 election. 503 3. The board of directors may remove a member of the 504 legislative council for cause. Absence from three consecutive 505 meetings results in automatic removal. 506 (c) Duties and responsibilities.— The legislative council 507 shall: 508 1. Adopt the rules, bylaws, or regulations governing the 509 organization subject to review and approval by the board of 510 directors; 511 2. Take final action on matters delegated to it by the 512 board of directors; 513 3. Suggest policies and procedures to the board of 514 directors and leadership council which are necessary to ensure 515 proper management of the organization's business; 516 4. Make recommendations to the board of directors, the 517 leadership council, and the substructure of committees on 518 matters that it deems appropriate; 519 5. Review the recommendations of the substructure of 520 committees; and 521 6. Advise the board of directors on the performance of the 522 chief administrative officer and administrative staff. 523 (d) Meetings.— 524 1. The legislative council shall meet a minimum of four 525 times each school year. Additional meetings may be held upon the 526 call of the chair, at the request of a majority of the council 527 members, or upon the order of the board of directors. 528 2. Each elected council member shall vote on behalf of the 529 schools within the administrative section or legislative 530 division by whom and from which he or she was elected and his or 531 her vote shall be weighted as such. Each elected public high 532 school council member's vote shall be weighted one-tenth of one 533 point for every public high school in the legislative division 534 from which he or she was elected. Each elected private high 535 school council member's vote shall be weighted one-tenth of one 536 point for every private high school in the section from which he 537 or she was elected. Each elected middle school council member's 538 vote shall be weighted one-tenth of one point for every middle 539 school in the section from which he or she was elected. At the 540 beginning of each council meeting, the legislative council shall 541 review the number of schools in each section and division and 542 assign to each elected council member the appropriate weighted 543 vote for that meeting. 544 3. Each council member appointed at large by the board of 545 directors shall have one vote, which may not be weighted. 546 4. The middle school council members shall vote only on 547 matters that affect middle schools and middle school athletic 548 programs. 549 5. A majority of the total number of current voting 550 legislative council members shall constitute a quorum. The 551 council may take official action on any motion by a majority 552 vote, as weighted, of the council members present and eligible 553 to vote at any meeting at which a quorum is present except as 554 expressly provided in the organization's bylaws or this section. 555 6. The method of voting on issues considered by the 556 legislative council shall be such that the vote of each council 557 member is recorded, except for those actions taken by unanimous 558 consent of the council members present and voting. The results 559 of the votes by each council member shall be reported to the 560 membership. 561 (7) LEADERSHIP COUNCIL.— 562 (a) Composition.— 563 1. The leadership council shall serve as the primary 564 advisory group to the board of directors on strategic and policy 565 issues and shall assist the board in leading the organization 566 and charting its course. The leadership council shall consist of 567 the following 16 persons: 568 a. Seven administrators of member high schools, one 569 appointed from each administrative section by the board of 570 directors. Four of the administrators shall be principals. Three 571 shall be athletic directors. Four shall be from public schools. 572 Three shall be from private schools. At least one shall be male, 573 at least one female, and at least one a racial minority. When 574 making its appointments, the board of directors shall ensure 575 that small, medium, large, and extra-large public high schools, 576 and small, medium, and large private high schools are 577 represented. 578 b. One district school superintendent or assistant 579 superintendent, appointed by the Florida Association of District 580 School Superintendents. 581 c. One executive director or other state-level or regional 582 level administrator of a private school accrediting association 583 whose member schools are also members of the organization, 584 appointed by the Florida Association of Academic Nonpublic 585 Schools. 586 d. One district school board member, appointed by the 587 Florida School Boards Association. 588 e. One district-level public school athletic administrator, 589 appointed by the Florida Association of Interscholastic Athletic 590 Administrators and who may not be from the same school district 591 as the superintendent or assistant superintendent. 592 f. One representative of high school coaches, appointed by 593 the Florida Athletic Coaches Association. 594 g. One representative of home educators, appointed by the 595 Home Education Foundation. 596 h. One parent of a high school student-athlete, appointed 597 by the board of directors who may serve on the council for no 598 more than 2 years following the graduation of his or her child 599 from high school. 600 i. One student-athlete, appointed by the board of directors 601 who may serve on the council for no more than 2 years following 602 his or her graduation from high school. 603 j. One registered contest official, appointed by the board 604 of directors. 605 2. The leadership council shall biennially elect from among 606 its members a chair and vice chair who may not be immediately 607 eligible for reelection to their respective positions. 608 (b) Terms.— 609 1. Members of the leadership council shall be appointed to 610 4-year staggered terms. Any council member is eligible for 611 reappointment to a second term. In order to achieve staggered 612 terms, the initial appointments shall be made as follows: 613 a. Two of the high school administrators and three of the 614 representatives of other groups shall be appointed to initial 615 terms of 4 years; 616 b. Two of the high school administrators and two of the 617 representatives of other groups shall be appointed to initial 618 terms of 3 years; 619 c. Two of the high school administrators and two of the 620 representatives of other groups shall be appointed to initial 621 terms of 2 years; and 622 d. The remaining high school administrator and the 623 remaining two representatives of other groups shall be appointed 624 to an initial term of 1 year. 625 626 The board of directors shall determine the manner in which the 627 terms will be staggered and spread them equitably between the 628 represented groups. 629 2. Vacancies on the leadership council shall be filled by 630 the board of directors or other entities, respectively, 631 depending upon who appointed the council member whose vacancy is 632 to be filled or whose term has expired. 633 3. The board of directors may remove a member of the 634 leadership council for cause. Absence from three consecutive 635 meetings results in automatic removal. 636 (c) Duties and responsibilities.— The leadership council 637 shall: 638 1. Take final action on matters delegated to it by the 639 board of directors. 640 2. Make recommendations to the board of directors, 641 legislative council, and the substructure of committees on 642 matters that it deems appropriate. 643 3. Suggest policies to the board of directors that are 644 necessary to ensure proper management of the organization. 645 4. Assist the board of directors in developing the 646 organization's legislative agenda by: 647 a. Suggesting concepts for development by the board, the 648 legislative council, and the substructure of committees; 649 b. Identifying significant issues that may require 650 legislative solutions; and 651 c. Advising the board regarding any proposed rule. 652 5. Review the recommendations of the substructure of 653 committees. 654 6. Appoint qualified persons to committees in the 655 substructure. 656 7. Advise the board of directors on the performance of the 657 chief administrative officer and administrative staff. 658 8. Coordinate strategic planning activities. 659 9. Identify and examine trends and strategic issues that 660 are or could affect interscholastic athletics. 661 (d) Meetings.— 662 1. The leadership council shall meet a minimum of four 663 times each school year. Additional meetings may be held upon the 664 call of the chair, at the request of a majority of the council 665 members, or upon the order of the board of directors. 666 2. A majority of the total number of current voting 667 leadership council members shall constitute a quorum. The 668 council may take official action by a majority vote of the 669 council members present at any meeting at which a quorum is 670 present, except as expressly provided in the organization's 671 bylaws or this section. 672 3. Each leadership council member when considering any 673 matter of business before the council shall represent and act on 674 behalf of the organization as a whole and shall have one vote. 675 (7) COMMITTEE ON APPEALS.— 676 (a) Composition.— 677 1. The committee on appeals shall be the appellate 678 authority of the organization. The committee on appeals shall 679 consist of the following six persons appointed by the board of 680 directors: 681 a. Five administrators of member schools, public school 682 districts, or private school accrediting associations 683 represented in the organization's membership, appointed from 684 differing administrative sections. Three administrators shall be 685 from the public school sector, two from the private school 686 sector. At least one administrator shall be a principal, at 687 least one an athletic director, at least one male, at least one 688 female, and at least one a racial minority. 689 b. One member of the general public who is not connected 690 with any member school, public school district, or private 691 school accrediting association, or represent athletic directors, 692 coaches, or students in any capacity. 693 2. The general public member shall chair the committee on 694 appeals and must have knowledge of the principles and practices 695 to be followed in conducting quasi-judicial hearings and related 696 legal proceedings. The chair shall act as the executive on 697 behalf of the committee during an emergency situation, the 698 timing of which precludes convening the committee. Such action 699 shall be reported to the committee at its next meeting. 700 (b) Terms.— 701 1. Members of the committee on appeals shall be appointed 702 for 4-year staggered terms. Any member may be appointed for a 703 second term of 4 years. In order to achieve staggered terms, of 704 the initial appointments: 705 a. The general public member and one public school 706 administrator shall be appointed to terms of 4 years; 707 b. Two school administrators, one public and one private, 708 shall be appointed to terms of 3 years; and 709 c. Two school administrators, one public and one private, 710 shall be appointed to terms of 2 years. 711 712 The board of directors shall conduct a blind draw to determine 713 the staggering of terms during the meeting in which the initial 714 appointments to the committee are made. 715 2. The board of directors may remove a member of the 716 committee on appeals for cause. Absence from three consecutive 717 meetings results in automatic removal. 718 (c) Duties and responsibilities.— 719 1. The committee on appeals shall: 720 a. Hear appeals of member schools or persons found to have 721 committed serious violations by the committee on infractions or 722 minor violations by the organization's staff. 723 b. Hear appeals of students who receive unfavorable 724 decisions from sectional eligibility committees. 725 c. Formulate and revise policies and procedures that relate 726 directly to infractions appeals or student eligibility 727 reinstatement processes, subject to review and approval by the 728 board of directors. 729 2. The organization's bylaws shall establish the criteria 730 to be followed by the committee on appeals in affirming, 731 modifying, or setting aside a finding of or penalty imposed by 732 the committee on infractions or a decision of a sectional 733 eligibility committee. 734 3. The committee on appeals, at the request of the board of 735 directors, may review any decision of a sectional eligibility 736 committee which the board believes may directly conflict with: 737 a. Decisions of other sectional eligibility committees or 738 the committee on appeals on the same question or rule; 739 b. Organization rules; or 740 c. The proper administration of interscholastic athletics 741 programs throughout the state. 742 4. The decision of the committee on appeals is final, 743 binding, and conclusive, and is not subject to further review by 744 the board of directors or any other authority within the 745 organization. 746 (d) Meetings.— 747 1. The committee on appeals shall meet monthly as needed 748 upon call of the chair. 749 2. Five members of the committee on appeals shall 750 constitute a quorum. The board of directors shall appoint 751 alternate committee members upon whom the chair may call to 752 ensure the presence of a quorum. The committee may take official 753 action by a majority vote of the members present at any meeting 754 at which a quorum is present. The chair is the deciding vote in 755 the case of a tie. 756 (8) COMMITTEE ON INFRACTIONS.— 757 (a) Composition.— 758 1. The committee on infractions is responsible for the 759 administration of the organization's enforcement program. The 760 committee on infractions shall consist of the following nine 761 members: 762 a. Seven administrators of member schools, public school 763 districts, or private school accrediting associations 764 represented in the organization's membership, appointed from 765 differing administrative sections. Four administrators shall be 766 from the public school sector and three from the private school 767 sector. At least one administrator shall be a principal, at 768 least one an athletic director, at least one male, at least one 769 female, and at least one a racial minority. 770 b. Two members of the general public, who are not connected 771 with any member school, public school district, or private 772 school accrediting association, or who do not represent athletic 773 directors, coaches, or students in any capacity. 774 2. The board of directors shall designate one of the two 775 general public members as chair of the committee on infractions 776 who must have knowledge of the principles and practices to be 777 followed in conducting quasi-judicial hearings and related legal 778 proceedings. The chair shall act as the executive on behalf of 779 the committee during an emergency situation, the timing of which 780 precludes convening the committee. Such executive actions shall 781 be reported to the committee at its next meeting. 782 (b) Terms.— 783 1. Members of the committee on infractions shall be 784 appointed to 4-year staggered terms. Any member is eligible for 785 reappointment to a second term of 4 years. In order to achieve 786 staggered terms, of the initial appointments: 787 a. The general public member who is designated as chair and 788 two school administrators, one public and one private, shall be 789 appointed to terms of 4 years; 790 b. Two school administrators, one public and one private, 791 shall be appointed to terms of 3 years; 792 c. The second general public member and two school 793 administrators, one public and one private, shall be appointed 794 to terms of 2 years; and 795 d. The remaining public school administrator shall be 796 appointed to a term of 1 year. 797 798 The board of directors shall conduct a blind draw to determine 799 the staggering of terms during the meeting in which the initial 800 appointments to the committee are made. 801 2. The board of directors may remove a member of the 802 committee on infractions for cause. Absence from three 803 consecutive meetings results in automatic removal. 804 (c) Duties and responsibilities.— 805 1. The committee on infractions shall: 806 a. Formulate and revise organization enforcement policies 807 and procedures, including investigative guidelines that will be 808 followed by the organization staff, subject to review and 809 approval by the board of directors; 810 b. Determine facts related to allegations of serious 811 violations and find violations of organization rules; 812 c. Impose an appropriate penalty on a member school that it 813 finds has committed a serious violation, or recommend to the 814 board of directors the suspension or termination of a school's 815 membership in the organization; and 816 d. Carry out other duties directly related to the 817 administration of the organization's enforcement program. 818 2. The committee on infractions shall base its findings on 819 the information that is presented as it determines to be 820 credible, persuasive, and of a kind on which reasonably prudent 821 persons rely in the conduct of serious affairs. 822 (d) Meetings.— 823 1. The committee on infractions shall meet at least once 824 each school year to review organization enforcement policies and 825 procedures, including investigative guidelines that will be 826 followed by the organization staff. Otherwise, the committee 827 shall meet upon the call of the chair. 828 2. Six members of the committee shall constitute a quorum. 829 The board of directors shall appoint alternate committee members 830 upon whom the chair, at his or her sole discretion, may call to 831 ensure the presence of a quorum. The committee may take official 832 action by a majority vote of the members present at any meeting 833 at which a quorum is present. The chair is the deciding vote in 834 the case of a tie. 835 (9) SECTIONAL ELIGIBILITY COMMITTEES.— 836 (a) Composition.— 837 1. Sectional eligibility committees shall consider 838 petitions for reinstatement of eligibility filed by member 839 schools on behalf of students determined to be ineligible to 840 participate in interscholastic athletic competition under any 841 applicable rule of the organization. There shall be one 842 sectional eligibility committee in each of the seven 843 administrative sections. Each committee shall be composed of the 844 following six persons appointed by the board of directors: 845 a. Five principals or athletic directors from member high 846 schools located within the section. Three administrators shall 847 be from public schools. Two administrators shall be from private 848 schools. At least one administrator shall be a principal, at 849 least one an athletic director, at least one male, at least one 850 female, and at least one a racial minority. 851 b. One member of the general public who may not be 852 connected with any member school, public school district, or 853 private school accrediting association, or represent athletic 854 directors, coaches, or students in any capacity. 855 2. The general public member shall act as chair of the 856 committee and must have knowledge of the principles and 857 practices to be followed in conducting quasi-judicial hearings 858 and related legal proceedings. 859 (b) Terms.— 860 1. Members of each sectional appeals committee shall be 861 appointed to 4-year staggered terms. Any member is eligible for 862 reappointment to a second term of 4 years. In order to achieve 863 staggered terms, of the initial appointments: 864 a. The general public member shall be appointed to a term 865 of 4 years; 866 b. Two school administrators, one public and one private, 867 shall be appointed to terms of 3 years; 868 c. Two school administrators, one public and one private, 869 shall be appointed to terms of 2 years; and 870 d. The remaining public school administrator shall be 871 appointed to a term of 1 year. 872 873 The board of directors shall conduct a blind draw to determine 874 the staggering of terms during the meeting in which the initial 875 appointments to each committee are made. 876 2. The board of directors may remove a member of a 877 sectional eligibility committee for cause. Absence from three 878 consecutive meetings results in automatic removal. 879 (c) Duties and responsibilities.— 880 1. Each sectional eligibility committee shall consider 881 petitions for reinstatement of student eligibility filed by 882 member schools located in the administrative section over which 883 it has jurisdiction and shall reinstate a student's eligibility 884 if the petitioner shows: 885 a. The determination of ineligibility by the organization's 886 staff was in error; or 887 b. Enforcement of the rule in the student's specific 888 situation fails to accomplish the purpose for which it was 889 intended and results in undue hardship for the student. 890 2. A petitioner that claims an undue hardship must show 891 that the student is in violation of the rule through no action 892 or inaction of his or her own due to circumstances completely 893 beyond the control of the student or his or her parents or the 894 administration of his or current school or former school or 895 schools, and cannot be reasonably expected to comply with the 896 rule. 897 3. If a sectional eligibility committee finds that 898 compliance with all requirements of a rule would result in undue 899 hardship, an exemption from any one or more requirements may be 900 granted by the committee to the extent necessary to improve such 901 undue hardship and to the extent such exception can be granted 902 without impairing the intent and purpose or fundamentally alter 903 the nature of the rule. The undue hardship exception must be 904 narrowly construed. 905 (d) Meetings.— 906 1. Each sectional eligibility committee shall meet monthly 907 as needed upon call of the chair. 908 2. Five members of a sectional eligibility committee shall 909 constitute a quorum. The board of directors shall appoint 910 alternate committee members upon whom the chair may call to 911 ensure the presence of a quorum. The committee may take official 912 action by a majority vote of the members present at any meeting 913 at which a quorum is present. The chair is the deciding vote in 914 the case of a tie. 915 916 This subsection shall take effect July 1, 2010. 917 (10) LEGISLATIVE PROCESS.— 918 (a) The board of directors or the legislative council may 919 adopt or amend the organization's rules. A proposal to create a 920 new rule or amend or repeal an existing rule may be sponsored 921 by: 922 1. Any member school; 923 2. Any public school district; 924 3. Any private school accrediting association; 925 4. Any committee in the organization's substructure of 926 committees; 927 5. The board of directors; 928 6. The legislative council; or 929 7. The leadership council. 930 (b) The board of directors shall review every rule adopted 931 by the legislative council. The board may ratify the rule as 932 adopted or, by a two-thirds vote, may amend or defeat it. 933 Adoption of a rule by the legislative council is not final until 934 the board of directors ratifies the rule or fails to amend or 935 defeat the rule. 936 (c) The board of directors by a two-thirds vote may restore 937 a rules proposal defeated by the legislative council. The board 938 may forward the proposal to the membership for review and 939 comment in its original form or may amend the proposal and 940 forward it for review and comment. The board also may adopt the 941 proposal in its original form or amend and adopt it. 942 (d) A rule adopted by the board of directors shall take 943 effect upon adoption or on the date specified, whichever is 944 later. A rule adopted by the legislative council shall take 945 effect after it has been reviewed by the board of directors or 946 on the date specified, whichever is later, unless the board 947 defeats it. 948 (e) The organization's bylaws must establish processes for 949 rules adoption which include timelines providing member schools, 950 affiliate organizations, and the public with an opportunity to 951 review and comment upon proposed rules changes. The bylaws must 952 also provide a process for expediting proposals that are deemed 953 an emergency by the board of directors. 954 (11) ADOPTION OF BYLAWS.— 955 (a) The organization shall adopt bylaws that, unless 956 specifically provided by statute, establish eligibility 957 requirements for all students who participate in high school 958 athletic competition in its member schools. The bylaws governing 959 residence and transfer shall allow the student to be eligible in 960 the school in which he or she first enrolls each school year, or 961 makes himself or herself a candidate for an athletic team by 962 engaging in a practice before enrolling in any member school. 963 The student is eligible in the school only if he or she remains 964 enrolled in such school. Subsequent eligibility shall be 965 determined and enforced through the organization's bylaws. 966 (b) The organization shall adopt bylaws that specifically 967 prohibit the recruiting of students for athletic purposes. The 968 bylaws must prescribe penalties and an appeals process for 969 athletic recruiting violations. 970 (c) The organization shall adopt bylaws that require all 971 students participating in interscholastic athletic competition 972 or who are candidates for an interscholastic athletic team to 973 satisfactorily pass a medical evaluation each year before 974 participating in interscholastic athletic competition or 975 engaging in any practice, tryout, workout, or other physical 976 activity associated with the student's candidacy for an 977 interscholastic athletic team. Such medical evaluation may be 978 administered only by a practitioner licensed under chapter 458, 979 chapter 459, chapter 460, or s. 464.012, and in good standing 980 with the practitioner's regulatory board. The bylaws must 981 include requirements for eliciting a student's medical history 982 and performing the medical evaluation required under this 983 paragraph, including a physical assessment of the student's 984 physical capabilities to participate in interscholastic athletic 985 competition as contained in a uniform preparticipation physical 986 evaluation and history form. The evaluation form must 987 incorporate the recommendations of the American Heart 988 Association for participation and cardiovascular screening and 989 must provide a place for the signature of the practitioner 990 performing the evaluation, along with an attestation that each 991 examination procedure listed on the form was performed by the 992 practitioner or by someone under the direct supervision of the 993 practitioner. The form must also contain a place for the 994 practitioner to indicate if a referral to another practitioner 995 was made in lieu of completing a certain examination procedure. 996 The form must also provide a place for the practitioner to whom 997 the student was referred to complete the remaining sections and 998 attest to that portion of the examination. The preparticipation 999 physical evaluation form must advise students to complete a 1000 cardiovascular assessment and must include information 1001 concerning alternative cardiovascular evaluation and diagnostic 1002 tests. Results of such medical evaluation must be provided to 1003 the school. A student is not eligible to participate in any 1004 interscholastic athletic competition or engage in any practice, 1005 tryout, workout, or other physical activity associated with the 1006 student's candidacy for an interscholastic athletic team until 1007 the results of the medical evaluation have been received and 1008 approved by the school. 1009 (d) Notwithstanding paragraph (c), a student may 1010 participate in an interscholastic athletic competition or be a 1011 candidate for an interscholastic athletic team if the student's 1012 parent or guardian objects in writing to the student undergoing 1013 a medical evaluation because such evaluation is contrary to his 1014 or her religious tenets or practices. However, any person or 1015 entity who is in a position to otherwise rely on the results of 1016 such medical evaluation is not liable for any damages resulting 1017 from the student's injury or death arising directly from the 1018 student's participation in interscholastic athletics during 1019 which an undisclosed medical condition that would have been 1020 revealed in the medical evaluation is a proximate cause of the 1021 injury or death. 1022 (12) RULES ADOPTION.—The organization's bylaws must require 1023 member schools to adopt rules for sports, which have been 1024 established by a nationally recognized sanctioning body, unless 1025 waived by at least a two-thirds vote of the legislative council 1026 and approved by the board of directors. 1027 Section 2. The Governor shall appoint the chair of the 1028 recomposed board of directors of the organization established by 1029 this act no more than 10 days after the effective date of this 1030 act. The newly appointed chair shall act on behalf of the board 1031 of directors to employ an interim chief administrative officer 1032 who shall facilitate the transition to the governing structure 1033 required in this act. The Governor, the President of the Senate, 1034 and the Speaker of the House of Representatives shall complete 1035 their appointments to the board of directors by July 15, 2009. 1036 The board of directors shall meet by July 31, 2009, to assume 1037 its duties as provided in this act. 1038 Section 3. The board of directors of the organization 1039 established by this act shall evaluate the organization's 1040 governing structure, as amended by this act and, if deemed 1041 necessary and advisable, shall recommend to the Legislature, by 1042 November 30, 2009, additional amendments to s. 1006.20, Florida 1043 Statutes, to improve the effectiveness and efficiency of the 1044 organization. 1045 Section 4. This act shall take effect upon becoming a law.