Florida Senate - 2012 SB 1704
By Senator Wise
5-00276C-12 20121704__
1 A bill to be entitled
2 An act relating to high school athletics; amending s.
3 1006.15, F.S.; expanding the eligibility of certain
4 students in private schools to participate in sports
5 programs in public schools; amending s. 1006.20, F.S.;
6 designating the Sunshine Independent Athletic
7 Association as the governing nonprofit organization of
8 athletics in private schools in this state; revising
9 provisions relating to the bylaws of the Florida High
10 School Athletic Association and providing for
11 organization, authority, and duties of the Sunshine
12 Independent Athletic Association; requiring the bylaws
13 of both associations to allow certain students who
14 transfer to a private school to participate in sports
15 offered by the school; requiring such bylaws to
16 regulate investigators used by the associations and
17 providing restrictions on investigations that are
18 conducted; requiring such bylaws to allow coaches to
19 coach in outside youth sports organizations;
20 prohibiting the Florida High School Athletic
21 Association from denying or discouraging
22 interscholastic competition between public and private
23 schools; providing for annual interscholastic
24 competition championships between public and nonpublic
25 high schools for each sport and competition level
26 offered in public and private high schools in this
27 state; providing procedures for appeals to the
28 Sunshine Independent Athletic Association; requiring
29 that appeals to a committee on appeals for the Florida
30 High School Athletic Association or the Sunshine
31 Independent Athletic Association be held in the county
32 where the appellant’s school is located; requiring
33 that an appeals process be expedited, if possible;
34 providing for the composition of a committee on
35 appeals for the Sunshine Independent Athletic
36 Association; creating a board of directors of the
37 Sunshine Independent Athletic Association and
38 providing authority and duties of the board; providing
39 for the composition of the board membership;
40 authorizing private schools to join the Sunshine
41 Independent Athletic Association; providing for the
42 use of fines collected by either association;
43 providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Subsection (8) of section 1006.15, Florida
48 Statutes, is amended to read:
49 1006.15 Student standards for participation in
50 interscholastic and intrascholastic extracurricular student
51 activities; regulation.—
52 (8)(a) The Florida High School Athletic Association
53 (FHSAA), in cooperation with each district school board, shall
54 facilitate a program in which a middle school or high school
55 student who attends a private school shall be eligible to
56 participate in an interscholastic or intrascholastic sport at a
57 public high school, a public middle school, or a 6-12 public
58 school that is zoned for the physical address at which the
59 student resides if:
60 1. The private school in which the student is enrolled is
61 not a member of the FHSAA and does not offer an interscholastic
62 or intrascholastic athletic program or does not offer a specific
63 sport that is offered at the public school.
64 2. The private school student meets the guidelines for the
65 conduct of the program established by the FHSAA’s board of
66 directors and the district school board. At a minimum, such
67 guidelines shall provide:
68 a. A deadline for each sport by which the private school
69 student’s parents must register with the public school in
70 writing their intent for their child to participate at that
71 school in the sport.
72 b. Requirements for a private school student to
73 participate, including, but not limited to, meeting the same
74 standards of eligibility, acceptance, behavior, educational
75 progress, and performance which apply to other students
76 participating in interscholastic or intrascholastic sports at a
77 public school or FHSAA member private school.
78 (b) The parents of a private school student participating
79 in a public school sport under this subsection are responsible
80 for transporting their child to and from the public school at
81 which the student participates. The private school the student
82 attends, the public school at which the student participates in
83 a sport, the district school board, and the FHSAA are exempt
84 from civil liability arising from any injury that occurs to the
85 student during such transportation.
86 (c) For each academic year, a private school student may
87 only participate at the public school in which the student is
88 first registered under sub-subparagraph (a)2.a. or makes himself
89 or herself a candidate for an athletic team by engaging in a
90 practice.
91 (d) The athletic director of each participating FHSAA
92 member public school shall maintain the student records
93 necessary for eligibility, compliance, and participation in the
94 program.
95 (e) Any non-FHSAA member private school that has a student
96 who wishes to participate in this program must make all student
97 records, including, but not limited to, academic, financial,
98 disciplinary, and attendance records, available upon request of
99 the FHSAA.
100 (f) A student must apply to participate in this program
101 through the FHSAA program application process.
102 (g) Only students who are enrolled in non-FHSAA member
103 private schools consisting of 250 125 students or fewer are
104 eligible to participate in the program in any given academic
105 year.
106 Section 2. Section 1006.20, Florida Statutes, is amended to
107 read:
108 1006.20 Athletics in public K-12 schools.—
109 (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
110 School Athletic Association is designated as the governing
111 nonprofit organization of athletics in Florida public schools.
112 If the Florida High School Athletic Association fails to meet
113 the provisions of this section, the commissioner shall designate
114 a nonprofit organization to govern athletics with the approval
115 of the State Board of Education. The organization is not to be a
116 state agency as defined in s. 120.52. The Sunshine Independent
117 Athletic Association is designated as the governing nonprofit
118 organization of athletics in private schools in this state. The
119 organization shall be subject to the provisions of s. 1006.19. A
120 private school that wishes to engage in high school athletic
121 competition with a public high school may become a member of the
122 organization. The bylaws of each the organization shall are to
123 be the rules by which high school athletic programs in its
124 member schools, and the students who participate in them, are
125 governed, unless otherwise specifically provided by statute. For
126 the purposes of this section, “high school” includes grades 6
127 through 12.
128 (2) ADOPTION OF BYLAWS.—
129 (a) Each The organization shall adopt bylaws that, unless
130 specifically provided by statute, establish eligibility
131 requirements for all students who participate in high school
132 athletic competition in its member schools. The bylaws governing
133 residence and transfer shall allow the student to be eligible in
134 the school in which he or she first enrolls each school year, or
135 makes himself or herself a candidate for an athletic team by
136 engaging in a practice before prior to enrolling in any member
137 school. The bylaws shall also allow a student who transfers from
138 a public school to a private school during the school year to
139 participate in any sport offered by the private school, with the
140 approval of the public school district, if the student pays the
141 full tuition charged by the private school for all students. The
142 student shall be eligible in that school so long as he or she
143 remains enrolled in that school. Subsequent eligibility shall be
144 determined and enforced through the organization’s bylaws.
145 (b) Each The organization shall adopt bylaws that
146 specifically prohibit the recruiting of students for athletic
147 purposes. The bylaws shall prescribe penalties and an appeals
148 process for athletic recruiting violations.
149 (c) Each The organization shall adopt bylaws that require
150 all students participating in interscholastic athletic
151 competition or who are candidates for an interscholastic
152 athletic team to satisfactorily pass a medical evaluation each
153 year before prior to participating in interscholastic athletic
154 competition or engaging in any practice, tryout, workout, or
155 other physical activity associated with the student’s candidacy
156 for an interscholastic athletic team. Such medical evaluation
157 shall can only be administered only by a practitioner licensed
158 under the provisions of chapter 458, chapter 459, chapter 460,
159 or s. 464.012, and in good standing with the practitioner’s
160 regulatory board. The bylaws shall establish requirements for
161 eliciting a student’s medical history and performing the medical
162 evaluation required under this paragraph, which shall include a
163 physical assessment of the student’s physical capabilities to
164 participate in interscholastic athletic competition as contained
165 in a uniform preparticipation physical evaluation and history
166 form. The evaluation form shall incorporate the recommendations
167 of the American Heart Association for participation
168 cardiovascular screening and shall provide a place for the
169 signature of the practitioner performing the evaluation with an
170 attestation that each examination procedure listed on the form
171 was performed by the practitioner or by someone under the direct
172 supervision of the practitioner. The form shall also contain a
173 place for the practitioner to indicate if a referral to another
174 practitioner was made in lieu of completion of a certain
175 examination procedure. The form shall provide a place for the
176 practitioner to whom the student was referred to complete the
177 remaining sections and attest to that portion of the
178 examination. The preparticipation physical evaluation form shall
179 advise students to complete a cardiovascular assessment and
180 shall include information concerning alternative cardiovascular
181 evaluation and diagnostic tests. Results of such medical
182 evaluation must be provided to the school. No student shall be
183 eligible to participate in any interscholastic athletic
184 competition or engage in any practice, tryout, workout, or other
185 physical activity associated with the student’s candidacy for an
186 interscholastic athletic team until the results of the medical
187 evaluation have been received and approved by the school.
188 (d) Notwithstanding the provisions of paragraph (c), a
189 student may participate in interscholastic athletic competition
190 or be a candidate for an interscholastic athletic team if the
191 parent of the student objects in writing to the student
192 undergoing a medical evaluation because such evaluation is
193 contrary to his or her religious tenets or practices. However,
194 in such case, there shall be no liability on the part of any
195 person or entity in a position to otherwise rely on the results
196 of such medical evaluation for any damages resulting from the
197 student’s injury or death arising directly from the student’s
198 participation in interscholastic athletics where an undisclosed
199 medical condition that would have been revealed in the medical
200 evaluation is a proximate cause of the injury or death.
201 (e) Each organization shall adopt bylaws that regulate
202 persons who conduct investigations. Such bylaws shall include
203 provisions that require investigators to:
204 1. Undergo a background check before being hired and be
205 issued and carry a photo identification card that shows the
206 association name and logo and the person’s job title.
207 2. Adhere to the following guidelines:
208 a. Interviews may be conducted only on Monday through
209 Friday between the hours of 7 a.m. and 7 p.m.
210 b. Searches of lockers, residences, or other private areas
211 may be conducted only with the written approval of the person
212 being investigated.
213 c. Parents or legal guardians of any person being
214 interviewed may be present at the interview.
215 d. Any person being interviewed may have legal counsel
216 present at an interview. However, the attorney may not
217 participate in the interview or object to a question, other than
218 advising the person not to answer a question.
219 (f) Each organization shall adopt bylaws that allow a coach
220 employed in a school that is a member of the organization to
221 also coach or otherwise volunteer for a community, church, or
222 other outside youth sports organization if such outside activity
223 does not conflict with his or her obligations with the employer.
224 (3) GOVERNING STRUCTURE OF EACH THE ORGANIZATION.—
225 (a) Each The organization shall operate as a representative
226 democracy in which the sovereign authority is within its member
227 schools. Except as provided in this section, each the
228 organization shall govern its affairs through its bylaws.
229 (b) Each member school, on its annual application for
230 membership, shall name its official representative to the
231 organization. This representative must be either the school
232 principal or his or her designee. That designee must either be
233 an assistant principal or athletic director housed within that
234 same school.
235 (c) Each The organization’s membership shall be divided
236 along existing county lines into four contiguous and compact
237 administrative regions, each containing an equal or nearly equal
238 number of member schools to ensure equitable representation on
239 the organization’s board of directors, representative assembly,
240 and committee on appeals.
241 (4) BOARD OF DIRECTORS; FLORIDA HIGH SCHOOL ATHLETIC
242 ASSOCIATION.—
243 (a) The executive authority of the organization shall be
244 vested in its board of directors. Any entity that appoints
245 members to the board of directors shall examine the ethnic and
246 demographic composition of the board when selecting candidates
247 for appointment and shall, to the greatest extent possible, make
248 appointments that reflect state demographic and population
249 trends. The board of directors shall be composed of 16 persons,
250 as follows:
251 1. Four public member school representatives, one elected
252 from among its public school representative members within each
253 of the four administrative regions.
254 2. Four nonpublic member school representatives, one
255 elected from among its nonpublic school representative members
256 within each of the four administrative regions.
257 3. Three representatives appointed by the commissioner, one
258 appointed from the two northernmost administrative regions and
259 one appointed from the two southernmost administrative regions.
260 The third representative shall be appointed to balance the board
261 for diversity or state population trends, or both.
262 4. Two district school superintendents, one elected from
263 the two northernmost administrative regions by the members in
264 those regions and one elected from the two southernmost
265 administrative regions by the members in those regions.
266 5. Two district school board members, one elected from the
267 two northernmost administrative regions by the members in those
268 regions and one elected from the two southernmost administrative
269 regions by the members in those regions.
270 6. The commissioner or his or her designee from the
271 department executive staff.
272 (b) A quorum of the board of directors shall consist of
273 nine members.
274 (c) The board of directors shall elect a president and a
275 vice president from among its members. These officers shall also
276 serve as officers of the organization.
277 (d) Members of the board of directors shall serve terms of
278 3 years and are eligible to succeed themselves only once. A
279 member of the board of directors, other than the commissioner or
280 his or her designee, may serve a maximum of 6 consecutive years.
281 The organization’s bylaws shall establish a rotation of terms to
282 ensure that a majority of the members’ terms do not expire
283 concurrently.
284 (e) The authority and duties of the board of directors,
285 acting as a body and in accordance with the organization’s
286 bylaws, are as follows:
287 1. To act as the incorporated organization’s board of
288 directors and to fulfill its obligations as required by the
289 organization’s charter and articles of incorporation.
290 2. To establish such guidelines, regulations, policies, and
291 procedures as are authorized by the bylaws.
292 3. To provide an organization commissioner, who shall have
293 the authority to waive the bylaws of the organization in order
294 to comply with statutory changes.
295 4. To levy annual dues and other fees and to set the
296 percentage of contest receipts to be collected by the
297 organization.
298 5. To approve the budget of the organization.
299 6. To organize and conduct statewide interscholastic
300 competitions, which may or may not lead to state championships,
301 and to establish the terms and conditions for these
302 competitions. The Florida High School Athletic Association may
303 not deny or discourage interscholastic competition between its
304 members and members of the Sunshine Independent Athletic
305 Association, nor may it take any retributory or discriminatory
306 action against any of its members who engage in interscholastic
307 competition with members of the Sunshine Independent Athletic
308 Association. The two associations shall conduct annual state
309 interscholastic championship competitions for each sport and
310 competition level offered at their member schools.
311 7. To act as an administrative board in the interpretation
312 of, and final decision on, all questions and appeals arising
313 from the directing of interscholastic athletics of member
314 schools.
315 (5) REPRESENTATIVE ASSEMBLY; FLORIDA HIGH SCHOOL ATHLETIC
316 ASSOCIATION.—
317 (a) The legislative authority of the organization is vested
318 in its representative assembly.
319 (b) The representative assembly shall be composed of the
320 following:
321 1. An equal number of member school representatives from
322 each of the four administrative regions.
323 2. Four district school superintendents, one elected from
324 each of the four administrative regions by the district school
325 superintendents in their respective administrative regions.
326 3. Four district school board members, one elected from
327 each of the four administrative regions by the district school
328 board members in their respective administrative regions.
329 4. The commissioner or his or her designee from the
330 department executive staff.
331 (c) The organization’s bylaws shall establish the number of
332 member school representatives to serve in the representative
333 assembly from each of the four administrative regions and shall
334 establish the method for their selection.
335 (d) No member of the board of directors other than the
336 commissioner or his or her designee can serve in the
337 representative assembly.
338 (e) The representative assembly shall elect a chairperson
339 and a vice chairperson from among its members.
340 (f) Elected members of the representative assembly shall
341 serve terms of 2 years and are eligible to succeed themselves
342 for two additional terms. An elected member, other than the
343 commissioner or his or her designee, may serve a maximum of 6
344 consecutive years in the representative assembly.
345 (g) A quorum of the representative assembly consists of one
346 more than half of its members.
347 (h) The authority of the representative assembly is limited
348 to its sole duty, which is to consider, adopt, or reject any
349 proposed amendments to the organization’s bylaws.
350 (i) The representative assembly shall meet as a body
351 annually. A two-thirds majority of the votes cast by members
352 present is required for passage of any proposal.
353 (6) PUBLIC LIAISON ADVISORY COMMITTEE; FLORIDA HIGH SCHOOL
354 ATHLETIC ASSOCIATION.—
355 (a) The organization shall establish, sustain, fund, and
356 provide staff support to a public liaison advisory committee
357 composed of the following:
358 1. The commissioner or his or her designee.
359 2. A member public school principal.
360 3. A member private school principal.
361 4. A member school principal who is a member of a racial
362 minority.
363 5. An active athletic director.
364 6. An active coach, who is employed full time by a member
365 school.
366 7. A student athlete.
367 8. A district school superintendent.
368 9. A district school board member.
369 10. A member of the Florida House of Representatives.
370 11. A member of the Florida Senate.
371 12. A parent of a high school student.
372 13. A member of a home education association.
373 14. A representative of the business community.
374 15. A representative of the news media.
375 (b) No member of the board of directors, committee on
376 appeals, or representative assembly is eligible to serve on the
377 public liaison advisory committee.
378 (c) The public liaison advisory committee shall elect a
379 chairperson and vice chairperson from among its members.
380 (d) The authority and duties of the public liaison advisory
381 committee are as follows:
382 1. To act as a conduit through which the general public may
383 have input into the decisionmaking process of the organization
384 and to assist the organization in the development of procedures
385 regarding the receipt of public input and disposition of
386 complaints related to high school athletic and competition
387 programs.
388 2. To conduct public hearings annually in each of the four
389 administrative regions during which interested parties may
390 address issues regarding the effectiveness of the rules,
391 operation, and management of the organization.
392 3. To conduct an annual evaluation of the organization as a
393 whole and present a report of its findings, conclusion, and
394 recommendations to the board of directors, to the commissioner,
395 and to the respective education committees of the Florida Senate
396 and the Florida House of Representatives. The recommendations
397 must delineate policies and procedures that will improve the
398 implementation and oversight of high school athletic programs by
399 the organization.
400 (e) The public liaison advisory committee shall meet four
401 times annually. Additional meetings may be called by the
402 committee chairperson, the organization president, or the
403 organization commissioner.
404 (7) APPEALS.—
405 (a) Each The organization shall establish a procedure of
406 due process which ensures each student the opportunity to appeal
407 an unfavorable ruling with regard to his or her eligibility to
408 compete. The initial appeal shall be made to a committee on
409 appeals within the administrative region in which the student
410 lives. Each The organization’s bylaws shall establish the
411 number, size, and composition of the committee on appeals.
412 (b) No member of the board of directors is eligible to
413 serve on the committee on appeals.
414 (c) Members of the committee on appeals shall serve terms
415 of 3 years and are eligible to succeed themselves only once. A
416 member of the committee on appeals may serve a maximum of 6
417 consecutive years. Each The organization’s bylaws shall
418 establish a rotation of terms to ensure that a majority of the
419 members’ terms do not expire concurrently.
420 (d) The authority and duties of the committee on appeals
421 shall be to consider requests by member schools seeking
422 exceptions to bylaws and regulations, to hear undue hardship
423 eligibility cases filed by member schools on behalf of student
424 athletes, and to hear appeals filed by member schools.
425 (e) A student athlete or member school that receives an
426 unfavorable ruling from a committee on appeals shall be entitled
427 to appeal that decision to the board of directors at its next
428 regularly scheduled meeting or called meeting. The board of
429 directors shall have the authority to uphold, reverse, or amend
430 the decision of the committee on appeals. In all such cases, the
431 decision of the board of directors shall be final.
432 (f) Hearings on appeals shall be held in the county where
433 the appellant’s school is located.
434 (g) The organizations shall expedite the appeals process so
435 that disposition of the appeal can be made prior to the end of
436 the applicable sports season, if possible.
437 (h) Notwithstanding paragraph (a), the committee on appeals
438 of the Sunshine Independent Athletic Association shall be
439 composed of 10 persons as follows:
440 1. Three members appointed by the Governor.
441 2. Three members appointed by the President of the Senate.
442 3. Three members appointed by the Speaker of the House of
443 Representatives.
444 4. The commissioner or his or her designee, who shall serve
445 as a nonvoting member.
446 (8) AMENDMENT OF BYLAWS.—Each member school representative,
447 the board of directors acting as a whole or as members acting
448 individually, any advisory committee acting as a whole to be
449 established by the organization, and the organization’s
450 commissioner are empowered to propose amendments to the bylaws.
451 Any other individual may propose an amendment by securing the
452 sponsorship of any of the aforementioned individuals or bodies.
453 All proposed amendments must be submitted directly to the
454 representative assembly for its consideration. The
455 representative assembly, while empowered to adopt, reject, or
456 revise proposed amendments, may not, in and of itself, as a body
457 be allowed to propose any amendment for its own consideration.
458 (9) RULES ADOPTION.—The bylaws of each the organization
459 shall require member schools to adopt rules for sports, which
460 have been established by a nationally recognized sanctioning
461 body, unless waived by at least a two-thirds vote of the board
462 of directors.
463 (10) BOARD OF DIRECTORS; SUNSHINE INDEPENDENT ATHLETIC
464 ASSOCIATION.—
465 (a) The executive authority of the organization shall be
466 vested in its board of directors. Any entity that appoints
467 members to the board of directors shall examine the ethnic and
468 demographic composition of the board when selecting candidates
469 for appointment and shall, to the extent possible, make
470 appointments that reflect state domestic and population trends.
471 The board of directors shall be composed of 16 persons, as
472 follows:
473 1. Four representatives, not affiliated with any school,
474 school system, or school board, one elected from among its
475 public school representative members within each of the four
476 administrative regions for public schools.
477 2. Four nonpublic member school representatives, one
478 elected from among its nonpublic school representative members
479 within each of the four administrative regions for public
480 schools.
481 3. Three representatives appointed by the commissioner, one
482 appointed from the two northernmost administrative regions and
483 one appointed from the two southernmost administrative regions.
484 If necessary and to the extent possible, the third
485 representative shall be appointed to balance the board for
486 diversity or state population trends, or both, and may be
487 appointed from any of the four administrative regions for public
488 schools.
489 4. Two school headmasters, one elected from the two
490 northernmost administrative regions by the nonpublic school
491 members in those regions and one elected from the two
492 southernmost administrative regions by the nonpublic school
493 members in those regions.
494 5. Two nonpublic school governing board members, one
495 elected from the two northernmost administrative regions by the
496 nonpublic school members in those regions and one elected from
497 the two southernmost administrative regions by the nonpublic
498 school members in those regions.
499 6. The commissioner, or his or her designee from the
500 department executive staff.
501 (b) A quorum of the board of directors shall consist of
502 nine members.
503 (c) The board of directors shall elect a president and a
504 vice president from among its members. These officers shall also
505 serve as officers of the organization.
506 (d) Eight members of the board of directors shall serve
507 terms of 3 years and are eligible to succeed themselves for two
508 additional consecutive terms. Eight members shall serve terms of
509 4 years and, except for the commissioner, who may serve an
510 unlimited number of consecutive terms, are eligible to succeed
511 themselves for only one additional consecutive term. The
512 organization’s bylaws shall establish a rotation of terms to
513 ensure that a majority of the members’ terms do not expire
514 concurrently.
515 (e) The authority and duties of the board of directors,
516 acting as a body and in accordance with the organization’s
517 bylaws, are as follows:
518 1. To act as the incorporated organization’s board of
519 directors and to fulfill its obligations as required by the
520 organization’s charter and articles of incorporation.
521 2. To establish such guidelines, regulations, policies, and
522 procedures as are authorized by the bylaws.
523 3. To provide an organization commissioner, who shall have
524 the authority to waive the bylaws of the organization in order
525 to comply with statutory changes.
526 4. To levy annual dues and other fees and to set the
527 percentage of contest receipts to be collected by the
528 organization.
529 5. To approve the budget of the organization.
530 6. To organize and conduct statewide interscholastic
531 competitions.
532 7. To act as an administrative board in the interpretation
533 of, and final decision on, all questions and appeals arising
534 from the directing of interscholastic athletics of member
535 schools.
536 (11) MEMBERSHIP.—Notwithstanding any provision of law to
537 the contrary, any nonpublic high school in this state, including
538 charter schools and virtual schools, may become a member of the
539 Sunshine Independent Athletic Association and participate in the
540 activities of that organization. However, membership in the
541 association is not mandatory for any school.
542 (12) FINES.—Any fines collected by either organization
543 shall be deposited into the Educational Enhancement Trust Fund.
544 Section 3. This act shall take effect July 1, 2012.