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.
   12  Be It Enacted by the Legislature of the State of Florida:
   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 sites provided 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 sites listed 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.