Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. PCS (672552) for SB 1394
Ì616272&Î616272
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/23/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Grimsley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 33 - 43
4 and insert:
5 Section 2. Subsection (3) of section 1003.4281, Florida
6 Statutes, is amended to read:
7 1003.4281 Early high school graduation.—
8 (3) A student who graduates early may continue to
9 participate in school activities, and social events, and school
10 authorized or education-related activities occurring during or
11 outside of the regular instructional school day, regardless of
12 location, and attend and participate in graduation events with
13 the student’s cohort, as if the student were still enrolled in
14 high school. A student who graduates early will be included in
15 class ranking, honors, and award determinations for the
16 student’s cohort. A student who graduates early must comply with
17 district school board rules and policies regarding access to the
18 school facilities and grounds during normal operating hours.
19 Section 3. Paragraph (b) of subsection (1) of section
20 1003.4285, Florida Statutes, is amended to read:
21 1003.4285 Standard high school diploma designations.—
22 (1) Each standard high school diploma shall include, as
23 applicable, the following designations if the student meets the
24 criteria set forth for the designation:
25 (b) Merit designation.—In addition to the requirements of
26 ss. 1003.428 and 1003.4282, as applicable, in order to earn the
27 Merit designation, a student must attain two one or more
28 industry certifications from the list established under s.
29 1003.492.
30 Section 4. Subsection (1) and paragraphs (a), (b), and (f)
31 of subsection (2) of section 1006.20, Florida Statutes, are
32 amended to read:
33 1006.20 Athletics in public K-12 schools.—
34 (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
35 School Athletic Association (FHSAA) is designated as the
36 governing nonprofit organization of athletics in Florida public
37 schools.
38 (a) If the FHSAA fails to meet the provisions of this
39 section, the commissioner shall designate a nonprofit
40 organization to govern athletics with the approval of the State
41 Board of Education.
42 (b) The FHSAA is not a state agency as defined in s.
43 120.52. The FHSAA is shall be subject to the provisions of s.
44 1006.19.
45 (c) A private school that wishes to engage in high school
46 athletic competition with a public high school may become a
47 member of the FHSAA. Any high school in the state, including
48 charter schools, virtual schools, and home education
49 cooperatives, may become a member of the FHSAA and participate
50 in the activities of the FHSAA. As used in this paragraph, the
51 term “NFHS” means National Federation of State High School
52 Associations. However,
53 1. Membership in the FHSAA is not mandatory for any school.
54 2. The FHSAA may not deny or discourage interscholastic
55 competition between its member schools and non-FHSAA member
56 Florida schools, including members of another athletic governing
57 organization, or out-of-state schools that are not members of
58 high school athletic associations that are NFHS members or NFHS
59 affiliate members. The FHSAA and may not take any retributory or
60 discriminatory action against any of its member schools that
61 participate in interscholastic competitions competition with
62 non-FHSAA member Florida schools or out-of-state schools that
63 are not affiliate members of the NFHS.
64 3. The FHSAA may not unreasonably withhold its approval of
65 an application to become a NFHS an affiliate member which is of
66 the National Federation of State High School Associations
67 submitted by any other organization that governs interscholastic
68 athletic competition in this state.
69 (d) The bylaws of the FHSAA are the rules by which high
70 school athletic programs in its member schools, and the students
71 who participate in them, are governed, unless otherwise
72 specifically provided by statute.
73 (e) As used in For the purposes of this section, the term
74 “high school” includes grades 6 through 12.
75 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
76 (a) The FHSAA shall adopt bylaws that, unless otherwise
77 specifically provided by the Florida Statutes statute, presume
78 the establish eligibility of requirements for all students to
79 who participate in the interscholastic high school athletic
80 competitions of competition in its member schools and that
81 specify a limited and enumerated list of violations that may
82 result in the ineligibility of students to participate in any
83 interscholastic athletic competition of its member schools. The
84 bylaws must provide the following:
85 1. A governing residence and transfer shall allow the
86 student remains to be eligible in the school in which he or she
87 first enrolls each school year or the school in which the
88 student makes himself or herself a candidate for an athletic
89 team by engaging in a practice prior to enrolling in the school.
90 2. A The bylaws shall also allow the student is to be
91 eligible to participate in interscholastic athletic competitions
92 in the school to which the student has transferred during the
93 school year if the transfer is made by a deadline established by
94 the FHSAA, which may not be prior to the date authorized for the
95 beginning of practice for the sport. These transfers shall be
96 allowed pursuant to the district school board policies in the
97 case of transfer to a public school or pursuant to the private
98 school policies in the case of transfer to a private school. The
99 student shall be eligible in that school so long as he or she
100 remains enrolled in that school. Subsequent eligibility shall be
101 determined and enforced through the FHSAA’s bylaws. Requirements
102 governing eligibility and transfer between member schools shall
103 be applied similarly to public school students and private
104 school students. A student may transfer schools for academic and
105 athletic purposes if all other applicable eligibility and
106 transfer requirements are met.
107 3. A student may not be declared ineligible to play in
108 interscholastic athletic competitions based upon a violation of
109 the FHSAA’s recruitment policy or otherwise because the student:
110 a. Participated on a nonschool team or non-school teams
111 affiliated with the school in which the student ultimately
112 enrolls; or
113 b. Participated in nonschool athletic activities sponsored
114 by a member school if, after participating, the student
115 registers for, enrolls in, or applies to attend the sponsoring
116 school.
117
118 As used in this subparagraph, nonschool teams include, but are
119 not limited to, club teams, travel teams, grade school teams,
120 recreational league teams, personal instruction sessions, and
121 summer camp teams. Nonschool athletic activities include, but
122 are not limited to, activities at a summer camp nonschool
123 athletic program.
124 (b) The FHSAA shall adopt bylaws that specifically prohibit
125 the recruiting of students for athletic purposes. The
126 restrictions applied to any recruiting activities shall be
127 expressly listed and clearly defined in the bylaws adopted by
128 the FHSAA. The bylaws must shall prescribe penalties and an
129 appeals process for the enumerated athletic recruiting
130 violations included in the bylaws.
131 1. If it is determined that a school has recruited a
132 student in violation of FHSAA bylaws, the FHSAA may require the
133 school to participate in a higher classification for the sport
134 in which the recruited student competes for a minimum of one
135 classification cycle, in addition to any other appropriate fine
136 and sanction imposed on the school, its coaches, or adult
137 representatives who violate recruiting rules.
138 2. A student may not be declared ineligible based on
139 violation of recruiting rules unless the student or parent has
140 falsified any enrollment or eligibility document or accepted any
141 benefit or any promise of benefit if such benefit is not
142 generally available to the school’s students or family members
143 or is based in any way on athletic interest, potential, or
144 performance.
145 3. The mass distribution of untargeted mailings, electronic
146 mailings, or preprinted guides or booklets by or on behalf of a
147 member school which include detailed information regarding such
148 member school’s interscholastic athletic programs is not a
149 violation of the FHSAA’s athletic recruiting or sportsmanship
150 policies.
151 (f) The FHSAA shall adopt bylaws that establish sanctions
152 for a person coaches who commits have committed major violations
153 of the FHSAA’s bylaws and policies. As used in this paragraph,
154 the term “person” means a coach, an administrator, an official,
155 a faculty member, a member of the athletic staff, or any other
156 individual engaged in representing, supporting, or promoting the
157 athletic interests of a member school in an official capacity or
158 unofficial, school-sanctioned capacity.
159 1. Major violations include, but are not limited to,
160 knowingly allowing an ineligible student to participate in a
161 contest representing a member school in an interscholastic
162 contest, or committing a violation of the FHSAA’s recruiting or
163 sportsmanship policies, or colluding with a person to prevent a
164 member or nonmember school from scheduling competitions among
165 themselves.
166 2. Sanctions placed upon an individual person coach may
167 include, but are not limited to, prohibiting or suspending the
168 person coach from coaching, participating in, or attending any
169 athletic activity sponsored, recognized, or sanctioned by the
170 FHSAA and the member school for which the person coach committed
171 the violation. If the person a coach is sanctioned by the FHSAA
172 and the person coach transfers to another member school, those
173 sanctions remain in full force and effect during the term of the
174 sanction.
175 3. If a member school is assessed a financial penalty as a
176 result of a person coach committing a major violation, the
177 person coach shall reimburse the member school before being
178 allowed to coach, participate in, or attend any athletic
179 activity sponsored, recognized, or sanctioned by the FHSAA and a
180 member school.
181 4. The FHSAA shall establish a due process procedure for
182 persons who are coaches sanctioned under this paragraph,
183 consistent with the appeals procedures set forth in subsection
184 (7).
185
186 ================= T I T L E A M E N D M E N T ================
187 And the title is amended as follows:
188 Delete lines 5 - 6
189 and insert:
190 s. 1003.4281, F.S.; revising the school activities in
191 which a student who graduates early may participate;
192 amending s. 1003.4285, F.S.; revising the requirements
193 to earn a Merit designation on a standard high school
194 diploma; amending s. 1006.20, F.S.; defining a term;
195 prohibiting the Florida High School Athletic
196 Association (FHSAA) from denying or discouraging
197 interscholastic competition between member schools and
198 non-FHSAA member Florida schools or certain out-of
199 state schools; revising and providing criteria for
200 bylaws adopted by the FHSAA, including criteria for
201 student eligibility requirements, restrictions
202 regarding recruiting activities, and persons who
203 commit major violations of the FHSAA’s bylaws and
204 policies;