Florida Senate - 2023 SB 308
By Senator Collins
14-00593-23 2023308__
1 A bill to be entitled
2 An act relating to interscholastic and intrascholastic
3 activities; amending s. 1006.20, F.S.; providing for
4 the approval of athletic associations that meet
5 certain requirements; providing a definition;
6 requiring certain athletic associations to operate
7 under a contract with the State Board of Education;
8 requiring the State Board of Education to annually
9 review specified information relating to such athletic
10 associations; providing that private schools and
11 traditional public schools are considered high schools
12 for specified purposes; prohibiting public schools
13 from maintaining memberships in or paying dues or fees
14 to certain athletic associations; providing that
15 approved athletic associations are subject to certain
16 requirements; requiring approved athletic associations
17 to adopt certain bylaws; requiring approved athletic
18 associations to establish a certain appeals process;
19 authorizing certain sports medicine advisory
20 committees to establish specified definitions related
21 to concussions; requiring certain approved athletic
22 associations to establish sports medicine advisory
23 committees that meet certain membership requirements;
24 amending s. 1006.15, F.S.; authorizing home education
25 students, Florida Virtual School students, and private
26 school students to participate in interscholastic and
27 intrascholastic activities at certain schools;
28 revising the requirements for such students to
29 participate in such activities; providing for the
30 continued participation in such activities by certain
31 students who transfer from a public school; conforming
32 cross-references and provisions to changes made by the
33 act; creating s. 1006.185, F.S.; requiring certain
34 athletic associations to adopt bylaws, policies, or
35 procedures allowing opening remarks at specified
36 events; providing requirements for such remarks;
37 requiring certain announcements before such remarks;
38 providing that opening remarks at specified events are
39 at the discretion of each school; amending ss.
40 768.135, 1002.20, 1002.42, 1006.165, 1006.18,
41 1006.195, 1012.468, 1012.795, and 1012.796, F.S.;
42 conforming cross-references and provisions to changes
43 made by the act; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 1006.20, Florida Statutes, is amended to
48 read:
49 1006.20 Athletics in public K-12 schools.—
50 (1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION ORGANIZATION.
51 The Florida High School Athletic Association (FHSAA) is
52 designated as the governing nonprofit athletic association
53 organization of athletics in Florida public schools. If the
54 FHSAA fails to meet the provisions of this section, The State
55 Board of Education may approve other commissioner shall
56 designate a nonprofit athletic associations. As used in this
57 section, the term “approved athletic association” means the
58 FHSAA and other nonprofit athletic associations approved by
59 organization to govern athletics with the approval of the State
60 Board of Education. Each nonprofit athletic association subject
61 to the requirements of this section shall operate under a
62 contract with the State Board of Education. Before entering into
63 a contract with an association, the State Board of Education
64 shall annually review, at a minimum, the bylaws, policies, and
65 dues and fees of the association for compliance with subpart D.
66 of this part. Any approved athletic association The FHSAA is not
67 a state agency as defined in s. 120.52 but is. The FHSAA shall
68 be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19.
69 (2) MEMBERSHIP.—A private school that wishes to engage in
70 high school athletic competition with a public high school may
71 become a member of the FHSAA. Any high school in this the state,
72 including private schools, traditional public schools, charter
73 schools, virtual schools, and home education cooperatives, may
74 become a member of any approved athletic association. However, a
75 public school may not maintain membership in or pay dues or fees
76 to any athletic association that is not operated under a
77 contract with the State Board of Education the FHSAA and
78 participate in the activities of the FHSAA. However, Membership
79 in an association the FHSAA is not mandatory for any school.
80 Approved athletic associations The FHSAA must allow any a
81 private school or cooperative the option of maintaining full
82 membership in the association or joining by sport and may not
83 discourage any a private school or cooperative from
84 simultaneously maintaining membership in another athletic
85 association. Approved athletic associations The FHSAA may allow
86 a public school the option to apply for consideration to join
87 another athletic association. the FHSAA may not deny or
88 discourage interscholastic competition between its member
89 schools and nonmember non-FHSAA member Florida schools,
90 including members of another approved athletic association
91 governing organization, and may not take any retributory or
92 discriminatory action against any of its member schools that
93 participate in interscholastic competition with nonmember non
94 FHSAA member Florida schools. The FHSAA may not unreasonably
95 withhold its approval of an application to become an affiliate
96 member of the National Federation of State High School
97 Associations submitted by any other approved athletic
98 association organization that governs interscholastic athletic
99 competition in this state. The bylaws of each approved athletic
100 association the FHSAA are the rules by which high school
101 athletic programs in its member schools, and the students who
102 participate in them, are governed, unless otherwise specifically
103 provided by statute. For the purposes of this section, the term
104 “high school” includes grades 6 through 12.
105 (3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
106 (a) Each approved athletic association the FHSAA shall
107 adopt bylaws that, unless specifically provided by statute,
108 establish eligibility requirements for all students who
109 participate in high school athletic competition in its member
110 schools. The bylaws governing residence and transfer must shall
111 allow the student to be immediately eligible in the school in
112 which he or she first enrolls each school year or the school in
113 which the student makes himself or herself a candidate for an
114 athletic team by engaging in a practice before prior to
115 enrolling in the school. The bylaws must shall also allow the
116 student to be immediately eligible in the school to which the
117 student has transferred. The student shall be eligible in that
118 school so long as he or she remains enrolled in that school.
119 Subsequent eligibility shall be determined and enforced through
120 the association’s FHSAA’s bylaws. Requirements governing
121 eligibility and transfer between member schools shall be applied
122 similarly to public school students and private school students.
123 (b) Each approved athletic association the FHSAA shall
124 adopt bylaws that specifically prohibit the recruiting of
125 students for athletic purposes. The bylaws shall prescribe
126 penalties and an appeals process for athletic recruiting
127 violations.
128 1. If it is determined that a school has recruited a
129 student in violation of association FHSAA bylaws, the
130 association FHSAA may require the school to participate in a
131 higher classification for the sport in which the recruited
132 student competes for a minimum of one classification cycle, in
133 addition to the penalties in subparagraphs 2. and 3. and any
134 other appropriate fine or sanction imposed on the school, its
135 coaches, or adult representatives who violate recruiting rules.
136 2. Any recruitment by a school district employee or
137 contractor in violation of association FHSAA bylaws results in
138 escalating punishments as follows:
139 a. For a first offense, a $5,000 forfeiture of pay for the
140 school district employee or contractor who committed the
141 violation.
142 b. For a second offense, suspension without pay for 12
143 months from coaching, directing, or advertising an
144 extracurricular activity and a $5,000 forfeiture of pay for the
145 school district employee or contractor who committed the
146 violation.
147 c. For a third offense, a $5,000 forfeiture of pay for the
148 school district employee or contractor who committed the
149 violation. If the individual who committed the violation holds
150 an educator certificate, the association FHSAA shall also refer
151 the violation to the department for review pursuant to s.
152 1012.796 to determine whether probable cause exists, and, if
153 there is a finding of probable cause, the commissioner shall
154 file a formal complaint against the individual. If the complaint
155 is upheld, the individual’s educator certificate shall be
156 revoked for 3 years, in addition to any penalties available
157 under s. 1012.796. Additionally, the department shall revoke any
158 adjunct teaching certificates issued pursuant to s. 1012.57 and
159 all permissions under ss. 1012.39 and 1012.43, and the educator
160 is ineligible for such certificates or permissions for a period
161 of time equal to the period of revocation of his or her state
162 issued certificate.
163 3. Notwithstanding any other provision of law, a school,
164 team, or activity shall forfeit all competitions, including
165 honors resulting from such competitions, in which a student who
166 participated in any fashion was recruited in a manner prohibited
167 pursuant to state law or the association FHSAA bylaws.
168 4. A student may not be declared ineligible based on
169 violation of recruiting rules unless the student or parent has
170 falsified any enrollment or eligibility document or accepted any
171 benefit if such benefit is not generally available to the
172 school’s students or family members or is based in any way on
173 athletic interest, potential, or performance.
174 5. A student’s eligibility to participate in any
175 interscholastic or intrascholastic extracurricular activity, as
176 determined by a district school board pursuant to s.
177 1006.195(1)(a)3., may not be affected by any alleged recruiting
178 violation until final disposition of the allegation.
179 (c) Each approved athletic association the FHSAA shall
180 adopt bylaws that require all students participating in
181 interscholastic athletic competition or who are candidates for
182 an interscholastic athletic team to satisfactorily pass a
183 medical evaluation each year before participating in
184 interscholastic athletic competition or engaging in any
185 practice, tryout, workout, conditioning, or other physical
186 activity associated with the student’s candidacy for an
187 interscholastic athletic team, including activities that occur
188 outside of the school year. Such medical evaluation may be
189 administered only by a practitioner licensed under chapter 458,
190 chapter 459, chapter 460, or s. 464.012 or registered under s.
191 464.0123 and in good standing with the practitioner’s regulatory
192 board. The bylaws shall establish requirements for eliciting a
193 student’s medical history and performing the medical evaluation
194 required under this paragraph, which shall include a physical
195 assessment of the student’s physical capabilities to participate
196 in interscholastic athletic competition as contained in a
197 uniform preparticipation physical evaluation and history form.
198 The evaluation form shall incorporate the recommendations of the
199 American Heart Association for participation cardiovascular
200 screening and shall provide a place for the signature of the
201 practitioner performing the evaluation with an attestation that
202 each examination procedure listed on the form was performed by
203 the practitioner or by someone under the direct supervision of
204 the practitioner. The form shall also contain a place for the
205 practitioner to indicate if a referral to another practitioner
206 was made in lieu of completion of a certain examination
207 procedure. The form shall provide a place for the practitioner
208 to whom the student was referred to complete the remaining
209 sections and attest to that portion of the examination. The
210 preparticipation physical evaluation form shall advise students
211 to complete a cardiovascular assessment and shall include
212 information concerning alternative cardiovascular evaluation and
213 diagnostic tests. Results of such medical evaluation must be
214 provided to the school. A student is not eligible to
215 participate, as provided in s. 1006.15(3), in any
216 interscholastic athletic competition or engage in any practice,
217 tryout, workout, or other physical activity associated with the
218 student’s candidacy for an interscholastic athletic team until
219 the results of the medical evaluation have been received and
220 approved by the school.
221 (d) Notwithstanding the provisions of paragraph (c), a
222 student may participate in interscholastic athletic competition
223 or be a candidate for an interscholastic athletic team if the
224 parent of the student objects in writing to the student
225 undergoing a medical evaluation because such evaluation is
226 contrary to his or her religious tenets or practices. However,
227 in such case, there shall be no liability on the part of any
228 person or entity in a position to otherwise rely on the results
229 of such medical evaluation for any damages resulting from the
230 student’s injury or death arising directly from the student’s
231 participation in interscholastic athletics where an undisclosed
232 medical condition that would have been revealed in the medical
233 evaluation is a proximate cause of the injury or death.
234 (e) Each approved athletic association the FHSAA shall
235 adopt bylaws that regulate persons who conduct investigations on
236 behalf of the association FHSAA. The bylaws shall include
237 provisions that require an investigator to:
238 1. Undergo level 2 background screening under s. 435.04,
239 establishing that the investigator has not committed any
240 disqualifying offense listed in s. 435.04, unless the
241 investigator can provide proof of compliance with level 2
242 screening standards submitted within the previous 5 years to
243 meet any professional licensure requirements, provided:
244 a. The investigator has not had a break in service from a
245 position that requires level 2 screening for more than 90 days;
246 and
247 b. The investigator submits, under penalty of perjury, an
248 affidavit verifying that the investigator has not committed any
249 disqualifying offense listed in s. 435.04 and is in full
250 compliance with this paragraph.
251 2. Be appointed as an investigator by the executive
252 director.
253 3. Carry a photo identification card that shows the
254 association’s FHSAA name and, logo, and the investigator’s
255 official title.
256 4. Adhere to the following guidelines:
257 a. Investigate only those alleged violations assigned by
258 the executive director or the board of directors.
259 b. Conduct interviews on Monday through Friday between the
260 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
261 the interviewee.
262 c. Allow the parent of any student being interviewed to be
263 present during the interview.
264 d. Search residences or other private areas only with the
265 permission of the executive director and the written consent of
266 the student’s parent and only with a parent or a representative
267 of the parent present.
268 (f) Each approved athletic association the FHSAA shall
269 adopt bylaws that establish sanctions for coaches who have
270 committed major violations of the association’s FHSAA’s bylaws
271 and policies.
272 1. Major violations include, but are not limited to,
273 knowingly allowing an ineligible student to participate in a
274 contest representing a member school in an interscholastic
275 contest or committing a violation of the association’s FHSAA’s
276 recruiting or sportsmanship policies.
277 2. Sanctions placed upon an individual coach may include,
278 but are not limited to, prohibiting or suspending the coach from
279 coaching, participating in, or attending any athletic activity
280 sponsored, recognized, or sanctioned by the association FHSAA
281 and the member school for which the coach committed the
282 violation. If a coach is sanctioned by the association FHSAA and
283 the coach transfers to another member school, those sanctions
284 remain in full force and effect during the term of the sanction.
285 3. If a member school is assessed a financial penalty as a
286 result of a coach committing a major violation, the coach shall
287 reimburse the member school before being allowed to coach,
288 participate in, or attend any athletic activity sponsored,
289 recognized, or sanctioned by the association FHSAA and a member
290 school.
291 4. The association FHSAA shall establish a due process
292 procedure for coaches sanctioned under this paragraph,
293 consistent with the appeals procedures set forth in subsection
294 (8) (7).
295 (g) Each approved athletic association the FHSAA shall
296 adopt bylaws establishing the process and standards by which the
297 association’s FHSAA determinations of eligibility are made. Such
298 bylaws shall provide that:
299 1. Ineligibility must be established by a preponderance of
300 the evidence;
301 2. Student athletes, parents, and schools must have notice
302 of the initiation of any investigation or other inquiry into
303 eligibility and may present, to the investigator and to the
304 individual making the eligibility determination, any information
305 or evidence that is credible, persuasive, and of a kind
306 reasonably prudent persons rely upon in the conduct of serious
307 affairs;
308 3. An investigator may not determine matters of eligibility
309 but must submit information and evidence to the executive
310 director or a person designated by the executive director or by
311 the board of directors for an unbiased and objective
312 determination of eligibility; and
313 4. A determination of ineligibility must be made in
314 writing, setting forth the findings of fact and specific
315 violation upon which the decision is based.
316 (h) In lieu of bylaws adopted under paragraph (g), an
317 approved athletic association the FHSAA may adopt bylaws
318 providing as a minimum the procedural safeguards of ss. 120.569
319 and 120.57, making appropriate provision for appointment of
320 unbiased and qualified hearing officers.
321 (i) An approved athletic association’s the FHSAA bylaws may
322 not limit the competition of student athletes prospectively for
323 rule violations of their school or its coaches or their adult
324 representatives. The association FHSAA bylaws may not unfairly
325 punish student athletes for eligibility or recruiting violations
326 perpetrated by a teammate, coach, or administrator. Contests may
327 not be forfeited for inadvertent eligibility violations unless
328 the coach or a school administrator should have known of the
329 violation. Contests may not be forfeited for other eligibility
330 violations or recruiting violations in excess of the number of
331 contests that the coaches and adult representatives responsible
332 for the violations are prospectively suspended.
333 (j) Each approved athletic association the FHSAA shall
334 adopt guidelines to educate athletic coaches, officials,
335 administrators, and student athletes and their parents of the
336 nature and risk of concussion and head injury.
337 (k) Each approved athletic association the FHSAA shall
338 adopt bylaws or policies that require the parent of a student
339 who is participating in interscholastic athletic competition or
340 who is a candidate for an interscholastic athletic team to sign
341 and return an informed consent that explains the nature and risk
342 of concussion and head injury, including the risk of continuing
343 to play after concussion or head injury, each year before
344 participating in interscholastic athletic competition or
345 engaging in any practice, tryout, workout, or other physical
346 activity associated with the student’s candidacy for an
347 interscholastic athletic team.
348 (l) Each approved athletic association the FHSAA shall
349 adopt bylaws or policies that require each student athlete who
350 is suspected of sustaining a concussion or head injury in a
351 practice or competition to be immediately removed from the
352 activity. A student athlete who has been removed from an
353 activity may not return to practice or competition until the
354 student submits to the school a written medical clearance to
355 return stating that the student athlete no longer exhibits
356 signs, symptoms, or behaviors consistent with a concussion or
357 other head injury. Medical clearance must be authorized by the
358 appropriate health care practitioner trained in the diagnosis,
359 evaluation, and management of concussions as defined by a the
360 sports medicine advisory committee established pursuant to
361 paragraph (m) of the Florida High School Athletic Association.
362 (m)1. The FHSAA shall adopt bylaws for the establishment
363 and duties of a sports medicine advisory committee composed of
364 the following members:
365 a.1. Eight physicians licensed under chapter 458 or chapter
366 459 with at least one member licensed under chapter 459.
367 b.2. One chiropractor licensed under chapter 460.
368 c.3. One podiatrist licensed under chapter 461.
369 d.4. One dentist licensed under chapter 466.
370 e.5. Three athletic trainers licensed under part XIII of
371 chapter 468.
372 f.6. One member who is a current or retired head coach of a
373 high school in this the state.
374 2. An approved athletic association that does not rely on
375 the recommendations of the sports medicine advisory committee of
376 the FHSAA shall establish a sports medicine advisory committee
377 whose membership satisfies the requirements of subparagraph 1.
378 (4)(3) GOVERNING STRUCTURE OF THE FHSAA.—
379 (a) The FHSAA shall operate as a representative democracy
380 in which the sovereign authority is within its member schools.
381 Except as provided in this section, the FHSAA shall govern its
382 affairs through its bylaws.
383 (b) Each member school, on its annual application for
384 membership, shall name its official representative to the FHSAA.
385 This representative must be either the school principal or his
386 or her designee. That designee must either be an assistant
387 principal or athletic director housed within that same school.
388 (c) The FHSAA’s membership shall be divided along existing
389 county lines into four contiguous and compact administrative
390 regions, each containing an equal or nearly equal number of
391 member schools to ensure equitable representation on the FHSAA’s
392 board of directors, representative assembly, and appeals
393 committees.
394 (5)(4) FHSAA BOARD OF DIRECTORS.—
395 (a) The executive authority of the FHSAA shall be vested in
396 its board of directors. Any entity that appoints members to the
397 board of directors shall examine the ethnic and demographic
398 composition of the board when selecting candidates for
399 appointment and shall, to the greatest extent possible, make
400 appointments that reflect state demographic and population
401 trends. The board of directors shall be composed of 16 persons,
402 as follows:
403 1. Four public member school representatives, one elected
404 from among its public school representative members within each
405 of the four administrative regions.
406 2. Four nonpublic member school representatives, one
407 elected from among its nonpublic school representative members
408 within each of the four administrative regions.
409 3. Three representatives appointed by the commissioner, one
410 appointed from the two northernmost administrative regions and
411 one appointed from the two southernmost administrative regions.
412 The third representative shall be appointed to balance the board
413 for diversity or state population trends, or both.
414 4. Two district school superintendents, one elected from
415 the two northernmost administrative regions by the members in
416 those regions and one elected from the two southernmost
417 administrative regions by the members in those regions.
418 5. Two district school board members, one elected from the
419 two northernmost administrative regions by the members in those
420 regions and one elected from the two southernmost administrative
421 regions by the members in those regions.
422 6. The commissioner or his or her designee from the
423 department executive staff.
424 (b) A quorum of the board of directors shall consist of
425 nine members.
426 (c) The board of directors shall elect a president and a
427 vice president from among its members. These officers shall also
428 serve as officers of the FHSAA.
429 (d) Members of the board of directors shall serve terms of
430 3 years and are eligible to succeed themselves only once. A
431 member of the board of directors, other than the commissioner or
432 his or her designee, may serve a maximum of 6 consecutive years.
433 The FHSAA’s bylaws shall establish a rotation of terms to ensure
434 that a majority of the members’ terms do not expire
435 concurrently.
436 (e) The authority and duties of the board of directors,
437 acting as a body and in accordance with the FHSAA’s bylaws, are
438 as follows:
439 1. To act as the incorporated FHSAA’s board of directors
440 and to fulfill its obligations as required by the FHSAA’s
441 charter and articles of incorporation.
442 2. To establish such guidelines, regulations, policies, and
443 procedures as are authorized by the bylaws.
444 3. To employ an FHSAA executive director, who shall have
445 the authority to waive the bylaws of the FHSAA in order to
446 comply with statutory changes.
447 4. To levy annual dues and other fees and to set the
448 percentage of contest receipts to be collected by the FHSAA.
449 5. To approve the budget of the FHSAA.
450 6. To organize and conduct statewide interscholastic
451 competitions, which may or may not lead to state championships,
452 and to establish the terms and conditions for these
453 competitions.
454 7. To act as an administrative board in the interpretation
455 of, and final decision on, all questions and appeals arising
456 from the directing of interscholastic athletics of member
457 schools.
458 (6)(5) FHSAA REPRESENTATIVE ASSEMBLY.—
459 (a) The legislative authority of the FHSAA is vested in its
460 representative assembly.
461 (b) The representative assembly shall be composed of the
462 following:
463 1. An equal number of member school representatives from
464 each of the four administrative regions.
465 2. Four district school superintendents, one elected from
466 each of the four administrative regions by the district school
467 superintendents in their respective administrative regions.
468 3. Four district school board members, one elected from
469 each of the four administrative regions by the district school
470 board members in their respective administrative regions.
471 4. The commissioner or his or her designee from the
472 department executive staff.
473 (c) The FHSAA’s bylaws shall establish the number of member
474 school representatives to serve in the representative assembly
475 from each of the four administrative regions and shall establish
476 the method for their selection.
477 (d) No member of the board of directors other than the
478 commissioner or his or her designee can serve in the
479 representative assembly.
480 (e) The representative assembly shall elect a chairperson
481 and a vice chairperson from among its members.
482 (f) Elected members of the representative assembly shall
483 serve terms of 2 years and are eligible to succeed themselves
484 for two additional terms. An elected member, other than the
485 commissioner or his or her designee, may serve a maximum of 6
486 consecutive years in the representative assembly.
487 (g) A quorum of the representative assembly consists of one
488 more than half of its members.
489 (h) The authority of the representative assembly is limited
490 to its sole duty, which is to consider, adopt, or reject any
491 proposed amendments to the FHSAA’s bylaws.
492 (i) The representative assembly shall meet as a body
493 annually. A two-thirds majority of the votes cast by members
494 present is required for passage of any proposal.
495 (7)(6) FHSAA PUBLIC LIAISON ADVISORY COMMITTEE.—
496 (a) The FHSAA shall establish, sustain, fund, and provide
497 staff support to a public liaison advisory committee composed of
498 the following:
499 1. The commissioner or his or her designee.
500 2. A member public school principal.
501 3. A member private school principal.
502 4. A member school principal who is a member of a racial
503 minority.
504 5. An active athletic director.
505 6. An active coach, who is employed full time by a member
506 school.
507 7. A student athlete.
508 8. A district school superintendent.
509 9. A district school board member.
510 10. A member of the Florida House of Representatives.
511 11. A member of the Florida Senate.
512 12. A parent of a high school student.
513 13. A member of a home education association.
514 14. A representative of the business community.
515 15. A representative of the news media.
516 (b) No member of the board of directors, committee on
517 appeals, or representative assembly is eligible to serve on the
518 public liaison advisory committee.
519 (c)The public liaison advisory committee shall elect a
520 chairperson and vice chairperson from among its members.
521 (d) The authority and duties of the public liaison advisory
522 committee are as follows:
523 1. To act as a conduit through which the general public may
524 have input into the decisionmaking process of the FHSAA and to
525 assist the FHSAA in the development of procedures regarding the
526 receipt of public input and disposition of complaints related to
527 high school athletic and competition programs.
528 2. To conduct public hearings annually in each of the four
529 administrative regions during which interested parties may
530 address issues regarding the effectiveness of the rules,
531 operation, and management of the FHSAA.
532 3. To conduct an annual evaluation of the FHSAA as a whole
533 and present a report of its findings, conclusion, and
534 recommendations to the board of directors, to the commissioner,
535 and to the respective education committees of the Florida Senate
536 and the Florida House of Representatives. The recommendations
537 must delineate policies and procedures that will improve the
538 implementation and oversight of high school athletic programs by
539 the FHSAA.
540 (e) The public liaison advisory committee shall meet four
541 times annually. Additional meetings may be called by the
542 committee chairperson, the FHSAA president, or the FHSAA
543 executive director.
544 (8)(7) APPEALS.—
545 (a) Each approved athletic association the FHSAA shall
546 establish a procedure of due process which ensures each student
547 the opportunity to appeal an unfavorable ruling with regard to
548 his or her eligibility to compete. The initial appeal shall be
549 made to a committee on appeals within the administrative region
550 in which the student lives. The approved athletic association’s
551 FHSAA’s bylaws shall establish the number, size, and composition
552 of each committee on appeals.
553 (b) No member of the board of directors is eligible to
554 serve on a committee on appeals.
555 (c) Members of a committee on appeals shall serve terms of
556 3 years and are eligible to succeed themselves only once. A
557 member of a committee on appeals may serve a maximum of 6
558 consecutive years. The approved athletic association’s FHSAA’s
559 bylaws shall establish a rotation of terms to ensure that a
560 majority of the members’ terms do not expire concurrently.
561 (d) The authority and duties of a committee on appeals
562 shall be to consider requests by member schools seeking
563 exceptions to bylaws and regulations, to hear undue hardship
564 eligibility cases filed by member schools on behalf of student
565 athletes, and to hear appeals filed by member schools or student
566 athletes.
567 (e) A student athlete or member school that receives an
568 unfavorable ruling from a committee on appeals shall be entitled
569 to appeal that decision to the board of directors at its next
570 regularly scheduled meeting or called meeting. The board of
571 directors shall have the authority to uphold, reverse, or amend
572 the decision of the committee on appeals. In all such cases, the
573 decision of the board of directors shall be final.
574 (f) The approved athletic association FHSAA shall expedite
575 the appeals process on determinations of ineligibility so that
576 disposition of the appeal can be made before the end of the
577 applicable sports season, if possible.
578 (g) In any appeal from a decision on eligibility made by
579 the executive director or a designee, a school or student
580 athlete filing the appeal must be permitted to present
581 information and evidence that was not available at the time of
582 the initial determination or if the determination was not made
583 by an unbiased, objective individual using a process allowing
584 full due process rights to be heard and to present evidence. If
585 evidence is presented on appeal, a de novo decision must be made
586 by the committee or board hearing the appeal, or the
587 determination may be suspended and the matter remanded for a new
588 determination based on all the evidence. If a de novo decision
589 is made on appeal, the decision must be made in writing, setting
590 forth the findings of fact and specific violation upon which the
591 decision is based. If a de novo decision is not required, the
592 decision appealed must be set aside if the decision on
593 ineligibility was not based on clear and convincing evidence.
594 Any further appeal shall be considered on a record that includes
595 all evidence presented.
596 (9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school
597 representative, the board of directors acting as a whole or as
598 members acting individually, any advisory committee acting as a
599 whole to be established by the FHSAA, and the FHSAA’s executive
600 director are empowered to propose amendments to the bylaws. Any
601 other individual may propose an amendment by securing the
602 sponsorship of any of the aforementioned individuals or bodies.
603 All proposed amendments must be submitted directly to the
604 representative assembly for its consideration. The
605 representative assembly, while empowered to adopt, reject, or
606 revise proposed amendments, may not, in and of itself, as a body
607 be allowed to propose any amendment for its own consideration.
608 Section 2. Present paragraphs (d) through (h) of
609 subsection (3) of section 1006.15, Florida Statutes, are
610 redesignated as paragraphs (e) through (i), respectively, a new
611 paragraph (d) is added to that subsection, subsection (10) is
612 added to that section, and paragraph (c) and present paragraph
613 (e) of subsection (3), subsection (8), and paragraph (a) of
614 subsection (9) are amended, to read:
615 1006.15 Student standards for participation in
616 interscholastic and intrascholastic extracurricular student
617 activities; regulation.—
618 (3)(c) An individual home education student, private school
619 student, or virtual school student is eligible to participate at
620 any the public school in the school district in which the
621 student resides to which the student would be assigned according
622 to district school board attendance area policies or which the
623 student could choose to attend pursuant to s. 1002.31.
624 (d) An individual home education student, or may develop an
625 agreement to participate at a private school, in the
626 interscholastic extracurricular activities of that school. If an
627 individual home education student wishes to develop such an
628 agreement with a private school, or participate at a public
629 school pursuant to paragraph (c), the following conditions must
630 be met provided the following conditions are met:
631 1. The home education student must meet the requirements of
632 the home education program pursuant to s. 1002.41.
633 2. During the period of participation at a school, the home
634 education student must demonstrate educational progress as
635 required in paragraph (b) in all subjects taken in the home
636 education program by a method of evaluation agreed upon by the
637 parent and the school principal which may include: review of the
638 student’s work by a certified teacher chosen by the parent;
639 grades earned through correspondence; grades earned in courses
640 taken at a Florida College System institution, university, or
641 trade school; standardized test scores above the 35th
642 percentile; or any other method designated in s. 1002.41.
643 3. The home education student must meet the same residency
644 requirements as other students in the school at which he or she
645 participates.
646 4. The home education student must meet the same standards
647 of acceptance, behavior, and performance as required of other
648 students in extracurricular activities.
649 5. The student must register with the school his or her
650 intent to participate in interscholastic extracurricular
651 activities as a representative of the school before
652 participation. A home education student must be able to
653 participate in curricular activities if that is a requirement
654 for an extracurricular activity.
655 6. A student who transfers from a home education program to
656 a public school before or during the first grading period of the
657 school year is academically eligible to participate in
658 interscholastic extracurricular activities during the first
659 grading period provided the student has a successful evaluation
660 from the previous school year, pursuant to subparagraph 2.
661 7. Any public school or private school student who has been
662 unable to maintain academic eligibility for participation in
663 interscholastic extracurricular activities is ineligible to
664 participate in such activities as a home education student until
665 the student has successfully completed one grading period in
666 home education pursuant to subparagraph 2. to become eligible to
667 participate as a home education student.
668 8. The roster for the specific interscholastic activity in
669 which the home education student would like to participate has
670 not reached the activity’s identified maximum size, and the
671 coach or sponsor for the activity determines that the home
672 education student has the requisite skill and ability to
673 participate.
674 (f)(e) A student of the Florida Virtual School full-time
675 program may participate in any interscholastic extracurricular
676 activity at any the public school in the school district in
677 which the student resides to which the student would be assigned
678 according to district school board attendance area policies or
679 which the student could choose to attend pursuant to s. 1002.31
680 if the student:
681 1. During the period of participation in the
682 interscholastic extracurricular activity, the student meets the
683 requirements in paragraph (a).
684 2. The student meets any additional requirements as
685 determined by the board of trustees of the Florida Virtual
686 School.
687 3. The student meets the same residency requirements as
688 other students in the school at which he or she participates.
689 4. The student meets the same standards of acceptance,
690 behavior, and performance that are required of other students in
691 extracurricular activities.
692 5. The student registers his or her intent to participate
693 in interscholastic extracurricular activities with the school
694 before participation. A Florida Virtual school student must be
695 able to participate in curricular activities if that is a
696 requirement for an extracurricular activity.
697 6. The roster for the specific interscholastic activity in
698 which the student would like to participate has not reached the
699 activity’s identified maximum size, and the coach or sponsor for
700 the activity determines that the student has the requisite skill
701 and ability to participate.
702 (8)(a) Each approved athletic association under s. 1006.20
703 the Florida High School Athletic Association (FHSAA), in
704 cooperation with each district school board and member private
705 school, shall facilitate a program in which a middle school or
706 high school student who attends a private school shall be
707 eligible to participate in an interscholastic or intrascholastic
708 sport at a member public high school, a member public middle
709 school, or a member 6-12 public school, or a member private
710 school, as appropriate for the private school student’s grade
711 level to which the student would be assigned according to
712 district school board attendance area policies and procedures or
713 which the student could choose to attend pursuant to s. 1002.31,
714 provided the public school has not reached capacity as
715 determined by the district school board, if:
716 1. The private school in which the student is enrolled is
717 not a member of the association FHSAA.
718 2. The private school student meets the guidelines for the
719 conduct of the program established by the association’s FHSAA’s
720 board of directors and the district school board or member
721 private school. At a minimum, such guidelines shall provide:
722 a. a deadline for each sport by which the private school
723 student’s parents must register with the member public school in
724 writing their intent for their child to participate at that
725 school in the sport.
726 3. The roster for the specific interscholastic or
727 intrascholastic sport in which the private school student would
728 like to participate has not reached the sport’s identified
729 maximum size, and the coach for the sport determines that the
730 private school student has the requisite skill and ability to
731 participate.
732 b. Requirements for a private school student to
733 participate, including, but not limited to, meeting the same
734 standards of eligibility, acceptance, behavior, educational
735 progress, and performance which apply to other students
736 participating in interscholastic or intrascholastic sports at a
737 public school or FHSAA member private school.
738 (b) The parents of a private school student participating
739 in a member public school sport under this subsection are
740 responsible for transporting their child to and from the member
741 public school at which the student participates. The private
742 school the student attends, the member public school at which
743 the student participates in a sport, the district school board,
744 and the association FHSAA are exempt from civil liability
745 arising from any injury that occurs to the student during such
746 transportation.
747 (c) For each academic year, a private school student may
748 only participate at the member public school in which the
749 student is first registered under subparagraph (a)2. sub
750 subparagraph (a)2.a. or makes himself or herself a candidate for
751 an athletic team by engaging in a practice.
752 (d) The athletic director of each participating association
753 FHSAA member public school shall maintain the student records
754 necessary for eligibility, compliance, and participation in the
755 program.
756 (e) Any nonmember non-FHSAA member private school that has
757 a student who wishes to participate in this program must make
758 all student records, including, but not limited to, academic,
759 financial, disciplinary, and attendance records, available upon
760 request of the association FHSAA.
761 (f) A student must apply to participate in this program
762 through the association’s FHSAA program application process.
763 (g) Only students who are enrolled in non-FHSAA member
764 private schools consisting of 125 students or fewer are eligible
765 to participate in the program in any given academic year.
766 (9)(a) A student who transfers to a school during the
767 school year may seek to immediately join an existing team if the
768 roster for the specific interscholastic or intrascholastic
769 extracurricular activity has not reached the activity’s
770 identified maximum size and if the coach for the activity
771 determines that the student has the requisite skill and ability
772 to participate. The approved athletic association under s.
773 1006.20 FHSAA and school district or charter school may not
774 declare such a student ineligible because the student did not
775 have the opportunity to comply with qualifying requirements.
776 (10) A student who is participating in an interscholastic
777 or intrascholastic activity at a public school and who transfers
778 from the school during the school year must be permitted to
779 continue to participate in the activity at the school from which
780 he or she transferred for the remainder of the school year if:
781 (a) During the period of participation in the activity, the
782 student continues to meet the requirements in paragraph (3)(a).
783 (b) The student continues to meet the same standards of
784 acceptance, behavior, and performance required of other students
785 participating in the activity, except for enrollment
786 requirements at the school at which the student participates.
787 (c) The parents of the student participating in the
788 activity provide for the transportation of the student to and
789 from the school at which the student participates. The school
790 the student attends, the school at which the student
791 participates in the activity, and the district school board are
792 exempt from civil liability arising from any injury that occurs
793 to the student during such transportation.
794 Section 3. Section 1006.185, Florida Statutes, is created
795 to read:
796 1006.185 Opening remarks at high school athletic contests.
797 Each approved athletic association under s. 1006.20 whose
798 membership includes public schools shall adopt bylaws, policies,
799 or procedures that provide each school participating in a high
800 school championship contest, or series of contests, under the
801 direction and supervision of the association, the opportunity to
802 make brief opening remarks, if requested by the school, using
803 the public address system at the event. Such remarks may not be
804 longer than 2 minutes per school. The athletic association may
805 not control, monitor, or review the content of the opening
806 remarks and may not control the school’s choice of speaker.
807 Before the opening remarks, an announcement must be made that
808 the content of any opening remarks by a participating school are
809 not endorsed by and do not reflect the views and opinions of the
810 athletic association. The decision to allow opening remarks
811 before regular season contests is at the discretion of each
812 school.
813 Section 4. Subsection (3) of section 768.135, Florida
814 Statutes, is amended to read:
815 768.135 Volunteer team physicians; immunity.—
816 (3) A practitioner licensed under chapter 458, chapter 459,
817 chapter 460, or s. 464.012 or registered under s. 464.0123 who
818 gratuitously and in good faith conducts an evaluation pursuant
819 to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for any civil
820 damages arising from that evaluation unless the evaluation was
821 conducted in a wrongful manner.
822 Section 5. Subsection (17) of section 1002.20, Florida
823 Statutes, is amended to read:
824 1002.20 K-12 student and parent rights.—Parents of public
825 school students must receive accurate and timely information
826 regarding their child’s academic progress and must be informed
827 of ways they can help their child to succeed in school. K-12
828 students and their parents are afforded numerous statutory
829 rights including, but not limited to, the following:
830 (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
831 (a) Eligibility.—Eligibility requirements for all students
832 participating in high school athletic competition must allow a
833 student to be immediately eligible in the school in which he or
834 she first enrolls each school year, the school in which the
835 student makes himself or herself a candidate for an athletic
836 team by engaging in practice before enrolling, or the school to
837 which the student has transferred, in accordance with s.
838 1006.20(3)(a) s. 1006.20(2)(a).
839 (b) Medical evaluation.—Students must satisfactorily pass a
840 medical evaluation each year before participating in athletics,
841 unless the parent objects in writing based on religious tenets
842 or practices, in accordance with s. 1006.20(3)(d) the provisions
843 of s. 1006.20(2)(d).
844 Section 6. Subsection (8) of section 1002.42, Florida
845 Statutes, is amended to read:
846 1002.42 Private schools.—
847 (8) ATHLETIC COMPETITION.—A private school may participate
848 in athletic competition with a public high school in accordance
849 with s. 1006.20(2) the provisions of s. 1006.20(1).
850 Section 7. Paragraph (a) of subsection (1) and paragraph
851 (a) of subsection (2) of section 1006.165, Florida Statutes, are
852 amended to read:
853 1006.165 Well-being of students participating in
854 extracurricular activities; training.—
855 (1)(a) Each public school that is a member of any approved
856 athletic association under s. 1006.20 the Florida High School
857 Athletic Association (FHSAA) must have an operational automated
858 external defibrillator on the school grounds. The defibrillator
859 must be available in a clearly marked and publicized location
860 for each athletic contest, practice, workout, or conditioning
861 session, including those conducted outside of the school year.
862 Public and private partnerships are encouraged to cover the cost
863 associated with the purchase and placement of the defibrillator
864 and training in the use of the defibrillator.
865 (2)(a) In order to better protect student athletes
866 participating in athletics during hot weather and avoid
867 preventable injury or death, each approved athletic association
868 under s. 1006.20 the FHSAA shall:
869 1. Make training and resources available to each member
870 school for the effective monitoring of heat stress.
871 2. Establish guidelines for monitoring heat stress and
872 identify heat stress levels at which a school must make a
873 cooling zone available for each outdoor athletic contest,
874 practice, workout, or conditioning session. Heat stress must be
875 determined by measuring the ambient temperature, humidity, wind
876 speed, sun angle, and cloud cover at the site of the athletic
877 activity.
878 3. Require member schools to monitor heat stress and modify
879 athletic activities, including suspending or moving activities,
880 based on the heat stress guidelines.
881 4. Establish hydration guidelines, including appropriate
882 introduction of electrolytes after extended activities or when a
883 student participates in multiple activities in a day.
884 5. Establish requirements for cooling zones, including, at
885 a minimum, the immediate availability of cold-water immersion
886 tubs or equivalent means to rapidly cool internal body
887 temperature when a student exhibits symptoms of exertional heat
888 stroke and the presence of an employee or volunteer trained to
889 implement cold-water immersion.
890 6. Require each school’s emergency action plan, as required
891 by the association FHSAA, to include a procedure for onsite
892 cooling using cold-water immersion or equivalent means before a
893 student is transported to a hospital for exertional heat stroke.
894
895 The requirements of this paragraph apply year-round.
896 Section 8. Section 1006.18, Florida Statutes, is amended to
897 read:
898 1006.18 Cheerleader safety standards.—Each approved
899 athletic association under s. 1006.20 the Florida High School
900 Athletic Association or successor organization shall adopt
901 statewide uniform safety standards for student cheerleaders and
902 spirit groups that participate in any school activity or
903 extracurricular student activity, if applicable. Such approved
904 athletic association the Florida High School Athletic
905 Association or successor organization shall adopt the “Official
906 High School Spirit Rules,” published by the National Federation
907 of State High School Associations, as the statewide uniform
908 safety standards.
909 Section 9. Paragraphs (a) and (b) of subsection (1) and
910 subsection (2) of section 1006.195, Florida Statutes, are
911 amended to read:
912 1006.195 District school board, charter school authority
913 and responsibility to establish student eligibility regarding
914 participation in interscholastic and intrascholastic
915 extracurricular activities.—Notwithstanding any provision to the
916 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
917 eligibility to participate in interscholastic and
918 intrascholastic extracurricular activities:
919 (1)(a) A district school board must establish, through its
920 code of student conduct, student eligibility standards and
921 related student disciplinary actions regarding student
922 participation in interscholastic and intrascholastic
923 extracurricular activities. The code of student conduct must
924 provide that:
925 1. A student not currently suspended from interscholastic
926 or intrascholastic extracurricular activities, or suspended or
927 expelled from school, pursuant to a district school board’s
928 suspension or expulsion powers provided in law, including ss.
929 1006.07, 1006.08, and 1006.09, is eligible to participate in
930 interscholastic and intrascholastic extracurricular activities.
931 2. A student may not participate in a sport if the student
932 participated in that same sport at another school during that
933 school year, unless the student meets the criteria in s.
934 1006.15(3)(h).
935 3. A student’s eligibility to participate in any
936 interscholastic or intrascholastic extracurricular activity may
937 not be affected by any alleged recruiting violation until final
938 disposition of the allegation pursuant to s. 1006.20(3)(b) s.
939 1006.20(2)(b).
940 (b) Students who participate in interscholastic and
941 intrascholastic extracurricular activities for, but are not
942 enrolled in, a public school pursuant to s. 1006.15(3)(c)-(f)
943 and (8) s. 1006.15(3)(c)-(e) and (8), are subject to the
944 district school board’s code of student conduct for the limited
945 purpose of establishing and maintaining the student’s
946 eligibility to participate at the school.
947 (2)(a) Each approved athletic association the Florida High
948 School Athletic Association (FHSAA) continues to retain
949 jurisdiction over the following provisions in s. 1006.20, which
950 may not be implemented in a manner contrary to this section:
951 membership in the association FHSAA; recruiting prohibitions and
952 violations; student medical evaluations; investigations;
953 sanctions for coaches; school eligibility and forfeiture of
954 contests; student concussions or head injuries; the sports
955 medical advisory committee; and the general operational
956 provisions of the association FHSAA.
957 (b) Each approved athletic association under s. 1006.20 the
958 FHSAA must adopt, and prominently publish, the text of this
959 section on its website and in its bylaws, rules, procedures,
960 training and education materials, and all other governing
961 authority documents by August 1, 2016.
962 Section 10. Paragraph (g) of subsection (2) of section
963 1012.468, Florida Statutes, is amended to read:
964 1012.468 Exceptions to certain fingerprinting and criminal
965 history checks.—
966 (2) A district school board shall exempt from the screening
967 requirements set forth in ss. 1012.465 and 1012.467 the
968 following noninstructional contractors:
969 (g) An investigator for any approved athletic association
970 the Florida High School Athletic Association (FHSAA) who meets
971 the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e).
972 Section 11. Paragraph (o) of subsection (1) of section
973 1012.795, Florida Statutes, is amended to read:
974 1012.795 Education Practices Commission; authority to
975 discipline.—
976 (1) The Education Practices Commission may suspend the
977 educator certificate of any instructional personnel or school
978 administrator, as defined in s. 1012.01(2) or (3), for up to 5
979 years, thereby denying that person the right to teach or
980 otherwise be employed by a district school board or public
981 school in any capacity requiring direct contact with students
982 for that period of time, after which the person may return to
983 teaching as provided in subsection (4); may revoke the educator
984 certificate of any person, thereby denying that person the right
985 to teach or otherwise be employed by a district school board or
986 public school in any capacity requiring direct contact with
987 students for up to 10 years, with reinstatement subject to
988 subsection (4); may permanently revoke the educator certificate
989 of any person thereby denying that person the right to teach or
990 otherwise be employed by a district school board or public
991 school in any capacity requiring direct contact with students;
992 may suspend a person’s educator certificate, upon an order of
993 the court or notice by the Department of Revenue relating to the
994 payment of child support; may direct the department to place a
995 certificateholder employed by a public school, charter school,
996 charter school governing board, or private school that
997 participates in a state scholarship program under chapter 1002
998 on the disqualification list maintained by the department
999 pursuant to s. 1001.10(4)(b) for misconduct that would render
1000 the person ineligible pursuant to s. 1012.315 or sexual
1001 misconduct with a student; or may impose any other penalty
1002 provided by law, if the person:
1003 (o) Has committed a third recruiting offense as determined
1004 by an approved athletic association the Florida High School
1005 Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s.
1006 1006.20(2)(b).
1007 Section 12. Subsections (3) and (7) of section 1012.796,
1008 Florida Statutes, are amended to read:
1009 1012.796 Complaints against teachers and administrators;
1010 procedure; penalties.—
1011 (3) The department staff shall advise the commissioner
1012 concerning the findings of the investigation and of all
1013 referrals by an approved athletic association the Florida High
1014 School Athletic Association (FHSAA) pursuant to ss.
1015 1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department
1016 general counsel or members of that staff shall review the
1017 investigation or the referral and advise the commissioner
1018 concerning probable cause or lack thereof. The determination of
1019 probable cause shall be made by the commissioner. The
1020 commissioner shall provide an opportunity for a conference, if
1021 requested, before prior to determining probable cause. The
1022 commissioner may enter into deferred prosecution agreements in
1023 lieu of finding probable cause if, in his or her judgment, such
1024 agreements are in the best interests of the department, the
1025 certificateholder, and the public. Such deferred prosecution
1026 agreements shall become effective when filed with the clerk of
1027 the Education Practices Commission. However, a deferred
1028 prosecution agreement may not be entered into if there is
1029 probable cause to believe that a felony or an act of moral
1030 turpitude, as defined by rule of the State Board of Education,
1031 has occurred, or for referrals by any approved athletic
1032 association the FHSAA. Upon finding no probable cause, the
1033 commissioner shall dismiss the complaint and may issue a letter
1034 of guidance to the certificateholder.
1035 (7) A panel of the commission shall enter a final order
1036 either dismissing the complaint or imposing one or more of the
1037 following penalties:
1038 (a) Denial of an application for a certificate or for an
1039 administrative or supervisory endorsement on a teaching
1040 certificate. The denial may provide that the applicant may not
1041 reapply for certification, and that the department may refuse to
1042 consider that applicant’s application, for a specified period of
1043 time or permanently.
1044 (b) Revocation or suspension of a certificate.
1045 (c) Imposition of an administrative fine not to exceed
1046 $2,000 for each count or separate offense.
1047 (d) Placement of the teacher, administrator, or supervisor
1048 on probation for a period of time and subject to such conditions
1049 as the commission may specify, including requiring the certified
1050 teacher, administrator, or supervisor to complete additional
1051 appropriate college courses or work with another certified
1052 educator, with the administrative costs of monitoring the
1053 probation assessed to the educator placed on probation. An
1054 educator who has been placed on probation shall, at a minimum:
1055 1. Immediately notify the investigative office in the
1056 Department of Education upon employment or separation from
1057 employment in any public or private position requiring a Florida
1058 educator’s certificate.
1059 2. Have his or her immediate supervisor submit annual
1060 performance reports to the investigative office in the
1061 Department of Education.
1062 3. Pay to the commission within the first 6 months of each
1063 probation year the administrative costs of monitoring probation
1064 assessed to the educator.
1065 4. Violate no law and fully comply with all district school
1066 board policies, school rules, and State Board of Education
1067 rules.
1068 5. Satisfactorily perform his or her assigned duties in a
1069 competent, professional manner.
1070 6. Bear all costs of complying with the terms of a final
1071 order entered by the commission.
1072 (e) Restriction of the authorized scope of practice of the
1073 teacher, administrator, or supervisor.
1074 (f) Reprimand of the teacher, administrator, or supervisor
1075 in writing, with a copy to be placed in the certification file
1076 of such person.
1077 (g) Imposition of an administrative sanction, upon a person
1078 whose teaching certificate has expired, for an act or acts
1079 committed while that person possessed a teaching certificate or
1080 an expired certificate subject to late renewal, which sanction
1081 bars that person from applying for a new certificate for a
1082 period of 10 years or less, or permanently.
1083 (h) Refer the teacher, administrator, or supervisor to the
1084 recovery network program provided in s. 1012.798 under such
1085 terms and conditions as the commission may specify.
1086 (i) Direct the department to place instructional personnel
1087 or school administrators on the disqualification list maintained
1088 by the department pursuant to s. 1001.10(4)(b) for conduct that
1089 would render the person ineligible pursuant to s. 1012.315 or
1090 sexual misconduct with a student.
1091
1092 The penalties imposed under this subsection are in addition to,
1093 and not in lieu of, the penalties required for a third
1094 recruiting offense pursuant to s. 1006.20(3)(b) s.
1095 1006.20(2)(b).
1096 Section 13. This act shall take effect July 1, 2023.