CS for CS for CS for SB 1070                     First Engrossed
       
       
       
       
       
       
       
       
       20251070e1
       
    1                        A bill to be entitled                      
    2         An act relating to electrocardiograms for student
    3         athletes; providing a short title; amending s.
    4         1002.20, F.S.; making technical changes; conforming
    5         provisions to changes made by the act; amending s.
    6         1006.20, F.S.; requiring the Florida High School
    7         Athletic Association (FHSAA) to adopt bylaws requiring
    8         all students to pass an electrocardiogram screening
    9         before participating in certain activities; requiring
   10         certain students to complete an electrocardiogram
   11         screening; authorizing FHSAA member schools to
   12         collaborate with certain entities to offer low cost or
   13         free electrocardiogram screenings; providing
   14         electrocardiogram requirements for students whose
   15         primary residence is outside of this state; providing
   16         requirements for the form for reporting
   17         electrocardiogram results; providing requirements for
   18         a student to be granted an exception to the
   19         electrocardiogram requirement; requiring students
   20         seeking an exception to submit a form developed by the
   21         FHSAA before they may participate in an
   22         interscholastic activity; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. This act may be cited as the “Second Chance
   27  Act.”
   28         Section 2. Paragraph (b) of subsection (17) of section
   29  1002.20, Florida Statutes, is amended to read:
   30         1002.20 K-12 student and parent rights.—Parents of public
   31  school students must receive accurate and timely information
   32  regarding their child’s academic progress and must be informed
   33  of ways they can help their child to succeed in school. K-12
   34  students and their parents are afforded numerous statutory
   35  rights including, but not limited to, the following:
   36         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
   37         (b) Medical evaluation.Before participating in athletics,
   38  students must:
   39         1. Satisfactorily pass a medical evaluation each year
   40  before participating in athletics, unless the parent objects in
   41  writing based on religious tenets or practices, in accordance
   42  with the provisions of s. 1006.20(2)(d); and
   43         2. As applicable under s. 1006.20, receive an
   44  electrocardiogram, unless the parent objects in writing based on
   45  religious tenets or practices or secures a certificate of
   46  medical exception in accordance with s. 1006.20(2)(d).
   47         Section 3. Paragraphs (c) and (d) of subsection (2) of
   48  section 1006.20, Florida Statutes, are amended to read:
   49         1006.20 Athletics in public K-12 schools.—
   50         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
   51         (c)1. The FHSAA shall adopt bylaws that require all
   52  students participating or seeking to participate in
   53  interscholastic athletic competition or who are candidates for
   54  an interscholastic athletic team to satisfactorily pass a
   55  medical evaluation each year before participating in
   56  interscholastic athletic competition or engaging in any
   57  practice, tryout, workout, conditioning, or other physical
   58  activity associated with the student’s candidacy for an
   59  interscholastic athletic team, including activities that occur
   60  outside of the school year. Such medical evaluation may be
   61  administered only by a practitioner licensed under chapter 458,
   62  chapter 459, chapter 460, or s. 464.012 or registered under s.
   63  464.0123 and in good standing with the practitioner’s regulatory
   64  board.
   65         2. The FHSAA shall adopt bylaws that require all students
   66  participating or seeking to participate in interscholastic
   67  athletic competition to pass an electrocardiogram screening
   68  before participating in interscholastic athletic competition or
   69  engaging in any practice, tryout, workout, conditioning, or
   70  other physical activity associated with the student’s candidacy
   71  for an interscholastic athletic team, including activities that
   72  occur outside of the school year. The electrocardiogram
   73  screening must be conducted in accordance with standards
   74  established by the FHSAA’s Sports Medicine Advisory Committee.
   75  Beginning in the 2028-2029 school year, every high school
   76  student participating or seeking to participate in
   77  interscholastic athletic competition for the first time must
   78  complete at least one electrocardiogram screening. FHSAA member
   79  schools may collaborate with public and private entities to
   80  offer low cost or free electrocardiogram screenings for this
   81  purpose.
   82         3. Students whose primary residence is outside of this
   83  state and who attend a boarding school in this state which
   84  complies with the requirements of s. 409.175(17) may have the
   85  medical evaluation and the electrocardiogram required under this
   86  paragraph performed by a practitioner who holds an active
   87  equivalent licensure issued by the state in which the medical
   88  evaluation or electrocardiogram is performed and who is in good
   89  standing with the practitioner’s regulatory authority as
   90  verified by the student’s boarding school.
   91         4. The FHSAA bylaws must shall establish requirements for
   92  eliciting a student’s medical history and performing the medical
   93  evaluation and electrocardiogram required under this paragraph,
   94  which shall include a physical assessment of the student’s
   95  physical capabilities to participate in interscholastic athletic
   96  competition as contained in a uniform preparticipation physical
   97  evaluation and history form. The evaluation form must: shall
   98         a. Incorporate the recommendations of the American Heart
   99  Association for participation cardiovascular screening.
  100         b.and shall Provide a place for the signature of the
  101  practitioner performing the evaluation with an attestation that
  102  each examination procedure listed on the form was performed by
  103  the practitioner or by someone under the direct supervision of
  104  the practitioner. The form must shall also contain a place for
  105  the practitioner to indicate whether if a referral to another
  106  practitioner was made in lieu of completion of a certain
  107  examination procedure. The form must shall provide a place for
  108  the practitioner to whom the student was referred to complete
  109  the remaining sections and attest to that portion of the
  110  examination.
  111         c.The preparticipation physical evaluation form shall
  112  Advise students to complete a cardiovascular assessment and
  113  electrocardiogram, shall include information concerning
  114  alternative cardiovascular evaluation and diagnostic tests, and
  115  require the. results of such medical evaluation to must be
  116  provided to the school.
  117         d. Include a section to record either a medical clearance
  118  based on the results of the medical evaluation and
  119  electrocardiogram required under this paragraph, allowing the
  120  student to participate in interscholastic athletic competition,
  121  or recommendations for follow-up treatment by an appropriate
  122  health care practitioner trained in the diagnosis, evaluation,
  123  and management of cardiovascular abnormalities in athletes as
  124  defined by the FHSAA’s Sports Medicine Advisory Committee.
  125         5. A student is not eligible to participate, as provided in
  126  s. 1006.15(3), in any interscholastic athletic competition or
  127  engage in any practice, tryout, workout, or other physical
  128  activity associated with the student’s candidacy for an
  129  interscholastic athletic team until the results of the medical
  130  evaluation have been received and approved by the school.
  131         (d) Notwithstanding the provisions of paragraph (c), a
  132  student shall be granted an exception to the electrocardiogram
  133  requirement if the parent of the student objects in writing to
  134  the student receiving an electrocardiogram because the
  135  electrocardiogram is contrary to his or her religious tenets or
  136  practices or if a physician licensed under chapter 458 or
  137  chapter 459 in good standing with the Board of Medicine or Board
  138  of Osteopathic Medicine, as applicable, provides a certificate
  139  of medical exception. A student may participate in
  140  interscholastic athletic competition or be a candidate for an
  141  interscholastic athletic team if the parent of the student
  142  objects in writing to the student undergoing a medical
  143  evaluation because such evaluation is contrary to his or her
  144  religious tenets or practices. However, in such case of any such
  145  exception or objection, there shall be no liability on the part
  146  of any person or entity in a position to otherwise rely on the
  147  results of such medical evaluation or electrocardiogram for any
  148  damages resulting from the student’s injury or death arising
  149  directly from the student’s participation in interscholastic
  150  athletics where an undisclosed medical condition that would have
  151  been revealed in the medical evaluation or electrocardiogram is
  152  a proximate cause of the injury or death. To exercise an
  153  exception or objection under this paragraph, a student must
  154  submit a standard form, developed by the FHSAA, to document
  155  exceptions granted under this paragraph which must be signed and
  156  notarized by a student’s parent or legal guardian and received
  157  by the FHSAA member school before a student may participate in
  158  any interscholastic activity.
  159         Section 4. This act shall take effect July 1, 2025.