Florida Senate - 2021 SB 956 By Senator Baxley 12-01220-21 2021956__ 1 A bill to be entitled 2 An act relating to background screenings of athletic 3 coaches; amending s. 943.0438, F.S.; providing that an 4 athletic coach and an independent sanctioning 5 authority are deemed to satisfy certain background 6 screening requirements if the coach and the 7 independent sanctioning authority are in compliance 8 with national industry background check standards 9 required by specified organizations; making a 10 technical change; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (2) of section 943.0438, Florida 15 Statutes, is amended to read: 16 943.0438 Athletic coaches for independent sanctioning 17 authorities.— 18 (2) An independent sanctioning authority shall: 19 (a)1. Conduct a level 1 background screening pursuant to s. 20 435.03 of each current and prospective athletic coach. The 21 authority may not delegate this responsibility to an individual 22 team and may not authorize any person to act as an athletic 23 coach unless a level 1 background screening is conducted and 24 does not result in disqualification under paragraph (b). Level 1 25 background screenings shall be conducted annually for each 26 athletic coach. For purposes of this section, a background 27 screening shall include a search of the athletic coach’s name or 28 other identifying information against state and federal 29 registries of sexual predators and sexual offenders, which are 30 available to the public on Internet websites
sitesprovided by: 31 a. The Department of Law Enforcement under s. 943.043; and 32 b. The Attorney General of the United States under 42 33 U.S.C. s. 16920. 34 2. For purposes of this section, a background screening 35 conducted by a commercial consumer reporting agency in 36 compliance with the federal Fair Credit Reporting Act using the 37 identifying information referenced in subparagraph 1. that 38 includes a level 1 background screening and a search of that 39 information against the sexual predator and sexual offender 40 Internet websites siteslisted in sub-subparagraphs 1.a. and b. 41 shall be deemed to satisfy the requirements of this paragraph. 42 3. For purposes of this section, an athletic coach and an 43 independent sanctioning authority shall be deemed to satisfy the 44 requirements of this paragraph if the athletic coach and the 45 independent sanctioning authority are in compliance with 46 national industry background check standards as required by the 47 United States Olympic and Paralympic Committee, defined as 48 “corporation” under 36 U.S.C. s. 220501(b)(7), or by the United 49 States Center for SafeSport, defined as “Center” under 36 U.S.C. 50 s. 220501(b)(5). 51 (b) Disqualify any person from acting as an athletic coach 52 as provided in s. 435.03 or if he or she is identified on a 53 registry described in paragraph (a). The authority may allow a 54 person disqualified under this paragraph to act as an athletic 55 coach if it determines that the person meets the requirements 56 for an exemption from disqualification under s. 435.07. 57 (c) Provide, within 7 business days following the 58 background screening under paragraph (a), written notice to a 59 person disqualified under this section advising the person of 60 the results and of his or her disqualification. 61 (d) Maintain for at least 5 years documentation of: 62 1. The results for each person screened under paragraph 63 (a); and 64 2. The written notice of disqualification provided to each 65 person under paragraph (c). 66 (e) Adopt guidelines to educate athletic coaches, 67 officials, administrators, and youth athletes and their parents 68 or guardians of the nature and risk of concussion and head 69 injury. 70 (f) Adopt bylaws or policies that require the parent or 71 guardian of a youth who is participating in athletic competition 72 or who is a candidate for an athletic team to sign and return an 73 informed consent that explains the nature and risk of concussion 74 and head injury, including the risk of continuing to play after 75 concussion or head injury, each year before participating in 76 athletic competition or engaging in any practice, tryout, 77 workout, or other physical activity associated with the youth’s 78 candidacy for an athletic team. 79 (g) Adopt bylaws or policies that require each youth 80 athlete who is suspected of sustaining a concussion or head 81 injury in a practice or competition to be immediately removed 82 from the activity. A youth athlete who has been removed from an 83 activity may not return to practice or competition until the 84 youth submits to the athletic coach a written medical clearance 85 to return stating that the youth athlete no longer exhibits 86 signs, symptoms, or behaviors consistent with a concussion or 87 other head injury. Medical clearance must be authorized by the 88 appropriate health care practitioner trained in the diagnosis, 89 evaluation, and management of concussions as defined by the 90 Sports Medicine Advisory Committee of the Florida High School 91 Athletic Association. 92 Section 2. This act shall take effect July 1, 2021.