Florida Senate - 2010 SB 150 By Senator Ring 32-00047-10 2010150__ 1 A bill to be entitled 2 An act relating to criminal history record checks; 3 defining the terms “independent youth athletic team,” 4 “sanctioning authority,” and “sports coach”; requiring 5 the sanctioning authority of an independent youth 6 athletic team to screen an applicant for sports coach 7 through designated public websites maintained by the 8 Department of Law Enforcement and the United States 9 Department of Justice; requiring the sanctioning 10 authority to disqualify any applicant from acting as a 11 sports coach if that applicant appears on either 12 registry; requiring that the sanctioning authority 13 notify the applicant of his or her right to obtain a 14 copy of the screening report; providing that an 15 applicant who is disqualified from acting as a sports 16 coach based on the screening may appeal to the 17 sanctioning authority the accuracy and completeness of 18 the screening report; providing that the sanctioning 19 authority may place an applicant appealing his or her 20 disqualification as a sports coach on probationary 21 status pending resolution of the appeal; providing 22 that a background screening in compliance with the 23 federal Fair Credit Reporting Act satisfies screening 24 provisions; requiring each sanctioning authority to 25 sign an affidavit annually, under penalty of perjury, 26 stating that all persons who have applied for a 27 position as a sports coach of an independent youth 28 athletic team under its jurisdiction have been 29 screened; requiring a sanctioning authority to 30 maintain the affidavit in its files and provide a copy 31 of the affidavit to anyone upon request; creating 32 rebuttable presumptions in a civil action brought 33 against a sanctioning authority in which it is alleged 34 that the sanctioning authority was negligent in the 35 hiring of a sports coach because of sexual misconduct 36 committed by the sports coach; providing legislative 37 intent encouraging sanctioning authorities for youth 38 athletic teams to participate in the Volunteer and 39 Employee Criminal History System as authorized by the 40 National Child Protection Act and the laws of this 41 state; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Criminal history record checks for sports 46 coaches.— 47 (1) As used in this section, the term: 48 (a) “Independent youth athletic team” or “team” means an 49 athletic team that is based in this state and that: 50 1. Includes a minor as a team member; 51 2. Is sanctioned by an independent organization; and 52 3. Is not sanctioned by or affiliated with a public or 53 private school. 54 (b) “Minor” has the same meaning as in s. 1.01, Florida 55 Statutes. 56 (c) “Sanctioning authority of an independent youth athletic 57 team” or “sanctioning authority” includes the independent 58 organization having authority to sanction an independent youth 59 athletic team, any local office of that organization, and any 60 office or entity that is authorized by that organization to 61 perform any of its functions or represent its interests. 62 (d) “Sports coach” means a person who is authorized by a 63 sanctioning authority to be responsible for leading an 64 independent youth athletic team and any person assisting the 65 sports coach. A sports coach is an individual who: 66 1. Works or volunteers or is to work or volunteer for the 67 independent youth athletic team 20 or more hours within a 68 calendar year; 69 2. Has or is to have unsupervised contact with minors; or 70 3. Serves or is to serve as a chaperone for minors on any 71 overnight activity related to the independent youth athletic 72 team. 73 (2)(a) Before a person in this state is hired or recruited 74 as a sports coach of an independent youth athletic team, the 75 sanctioning authority of the independent youth athletic team 76 must screen the person through the public website on sexual 77 offenders and sexual predators maintained by the Department of 78 Law Enforcement and the Dru Sjodin National Sex Offender Public 79 Website maintained by the United States Department of Justice. 80 (b) The sanctioning authority shall disqualify an applicant 81 for sports coach from acting as a sports coach if the applicant 82 appears on either registry. 83 (c) The sanctioning authority must notify in writing each 84 applicant for sports coach of his or her right to obtain a copy 85 of the screening report. An applicant who is disqualified from 86 acting as a sports coach based on the screening may appeal to 87 the sanctioning authority the accuracy and completeness of any 88 information contained in the screening report. Unless otherwise 89 prohibited by state or federal law, an applicant appealing his 90 or her disqualification as a sports coach may be placed on 91 probationary status pending resolution of the appeal. 92 (d) For purposes of this section, a sanctioning authority 93 that uses a commercial consumer reporting agency that conducts a 94 background screening in compliance with the federal Fair Credit 95 Reporting Act using the information from the sexual predators 96 and sexual offenders Internet websites listed in paragraph (a) 97 shall be deemed in compliance with the requirements of this 98 subsection. 99 (3) Each sanctioning authority must sign an affidavit 100 annually, under penalty of perjury, stating that all persons who 101 have applied for a position as a sports coach of an independent 102 youth athletic team under its jurisdiction have been screened in 103 compliance with subsection (2). The sanctioning authority must 104 maintain the affidavit in its records and provide a copy of the 105 affidavit to any person requesting it. 106 (4) In any civil action brought against a sanctioning 107 authority in which it is alleged that the sanctioning authority 108 was negligent in the hiring of a sports coach because of sexual 109 misconduct committed by the sports coach, a rebuttable 110 presumption is created that the sanctioning authority was: 111 (a) Not negligent in the hiring of the sports coach if the 112 sanctioning authority conducted a screening of the sports coach 113 by participating in the Volunteer and Employee Criminal History 114 System and made a reasonable effort to contact references. 115 (b) Negligent in the hiring of the sports coach if the 116 sanctioning authority did not conduct a screening of the sports 117 coach by participating in the Volunteer and Employee Criminal 118 History System of the Department of Law Enforcement and make a 119 reasonable effort to contact references. 120 Section 2. Because of the history of harm to children by 121 coaches and others, the Legislature encourages sanctioning 122 authorities of youth athletic teams to participate in the 123 Volunteer and Employee Criminal History System, as authorized by 124 the National Child Protection Act of 1993 and s. 943.0542, 125 Florida Statutes. 126 Section 3. This act shall take effect July 1, 2010.