Florida Senate - 2013                                    SB 1038
       By Senator Ring
       29-00728-13                                           20131038__
    1                        A bill to be entitled                      
    2         An act relating to volunteers for organized youth
    3         sports and recreation programs; amending s. 943.0438,
    4         F.S.; defining the terms “volunteer” and “youth sports
    5         or recreation authority”; expanding provisions
    6         relating to athletic coaches for independent
    7         sanctioning authorities to require youth sports or
    8         recreation authorities to conduct specified background
    9         screening of all volunteers with any youth athletic
   10         team or organized youth recreational program using
   11         publicly owned facilities; providing that the duty may
   12         not be delegated; requiring that specified
   13         documentation be maintained for a specified period by
   14         such authorities; requiring authorities to provide
   15         copies of such documentation to certain governmental
   16         entities; requiring governmental entities to retain
   17         documentation for a specified period; conforming
   18         provisions to changes made by the act; providing an
   19         effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 943.0438, Florida Statutes, is amended
   24  to read:
   25         943.0438 Volunteers Athletic coaches for organized youth
   26  sports and recreation independent sanctioning authorities.—
   27         (1) As used in this section, the term:
   28         (a) “Volunteer” Athletic coach” means a person who:
   29         1. Is authorized by a youth sports or recreation an
   30  independent sanctioning authority to work for 20 or more hours
   31  within a calendar year, whether for compensation or as a
   32  volunteer, for a youth athletic team or organized youth
   33  recreational program using publicly owned facilities based in
   34  this state; and
   35         2. Has direct contact with one or more minors on the youth
   36  athletic team or organized youth recreational program.
   37         (b) “Youth sports or recreation Independent sanctioning
   38  authority” means a private, nongovernmental entity that
   39  organizes, operates, or coordinates a youth athletic team or
   40  organized youth recreational program using publicly owned
   41  facilities in this state if the team or program includes one or
   42  more minors and is not affiliated with a private school as
   43  defined in s. 1002.01.
   44         (2) A youth sports or recreation An independent sanctioning
   45  authority shall:
   46         (a)1. Conduct a background screening of each current and
   47  prospective volunteer athletic coach. The authority may not
   48  delegate this responsibility to an individual team or program
   49  and may not authorize any No person shall be authorized by the
   50  independent sanctioning authority to act as a volunteer an
   51  athletic coach after July 1, 2013 2010, unless a background
   52  screening is has been conducted and does did not result in
   53  disqualification under paragraph (b). Background screenings
   54  shall be conducted annually for each volunteer athletic coach.
   55  For purposes of this section, a background screening shall be
   56  conducted with a search of the volunteer’s athletic coach’s name
   57  or other identifying information against state and federal
   58  registries of sexual predators and sexual offenders, which are
   59  available to the public on Internet sites provided by:
   60         a. The Department of Law Enforcement under s. 943.043; and
   61         b. The Attorney General of the United States under 42
   62  U.S.C. s. 16920.
   63         2. For purposes of this section, a background screening
   64  conducted by a commercial consumer reporting agency in
   65  compliance with the federal Fair Credit Reporting Act using the
   66  identifying information referenced in subparagraph 1. which and
   67  that includes a check of searching that information against the
   68  sexual predator and sexual offender Internet sites specified
   69  listed in sub-subparagraphs 1.a. and b. satisfies shall be
   70  deemed in compliance with the requirements of this paragraph
   71  section.
   72         (b) Disqualify any person from acting as a volunteer an
   73  athletic coach if he or she is identified on a registry
   74  described in paragraph (a).
   75         (c) Provide, within 7 business days following the
   76  background screening under paragraph (a), written notice to a
   77  person disqualified under this section advising the person of
   78  the results and of his or her disqualification.
   79         (d)1. Maintain for at least 5 years documentation of:
   80         a.1. The results for each person screened under paragraph
   81  (a); and
   82         b.2. The written notice of disqualification provided to
   83  each person under paragraph (c).
   84         2. Provide copies of all the documentation required under
   85  subparagraph 1. to each municipality with jurisdiction over a
   86  publicly owned facility used by the authority or, for any
   87  facility not located within a municipality, the county with
   88  jurisdiction over the facility. Each governmental entity
   89  provided with documentation under this subparagraph must retain
   90  that documentation for at least 5 years.
   91         (e) Adopt guidelines to educate volunteers athletic
   92  coaches, officials, administrators, and youth athletes and their
   93  parents or guardians of the nature and risk of concussion and
   94  head injury.
   95         (f) Adopt bylaws or policies that require the parent or
   96  guardian of a youth who is participating in athletic competition
   97  or other recreation programs or who is a candidate for an
   98  athletic team or recreation program to sign and return an
   99  informed consent that explains the nature and risk of concussion
  100  and head injury, including the risk of continuing to play after
  101  concussion or head injury, each year before participating in
  102  athletic competition or other recreational programs or engaging
  103  in any practice, tryout, workout, or other physical activity
  104  associated with the youth’s candidacy for an athletic team or
  105  recreational program.
  106         (g) Adopt bylaws or policies that require each youth
  107  athlete or recreational program participant who is suspected of
  108  sustaining a concussion or head injury in a practice or
  109  competition to be immediately removed from the activity. A youth
  110  athlete or recreational program participant who is has been
  111  removed from an activity may not return to practice or
  112  competition until the youth or participant submits to a
  113  volunteer or volunteer supervisor the athletic coach a written
  114  medical clearance to return stating that he or she the youth
  115  athlete no longer exhibits signs, symptoms, or behaviors
  116  consistent with a concussion or other head injury. Medical
  117  clearance must be authorized by the appropriate health care
  118  practitioner trained in the diagnosis, evaluation, and
  119  management of concussions as defined by the Sports Medicine
  120  Advisory Committee of the Florida High School Athletic
  121  Association.
  122         (3) In a civil action for the death of, or injury or damage
  123  to, a third person caused by the intentional tort of a volunteer
  124  an athletic coach that relates to alleged sexual misconduct by
  125  the volunteer athletic coach, there is a rebuttable presumption
  126  that the youth sports or recreation independent sanctioning
  127  authority was not negligent in authorizing the volunteer
  128  athletic coach if the authority complied with the background
  129  screening and disqualification requirements of subsection (2)
  130  before prior to such authorization.
  131         (4) The Legislature encourages youth sports and recreation
  132  independent sanctioning authorities for youth athletic teams to
  133  participate in the Volunteer and Employee Criminal History
  134  System, as authorized by the National Child Protection Act of
  135  1993 and s. 943.0542.
  136         Section 2. This act shall take effect July 1, 2013.