Florida Senate - 2025                             CS for SB 1546
       
       
        
       By the Committee on Criminal Justice; and Senator Grall
       
       
       
       
       
       591-03135-25                                          20251546c1
    1                        A bill to be entitled                      
    2         An act relating to background screening of athletic
    3         coaches; amending s. 943.0438, F.S.; revising the
    4         definition of the term “athletic coach”; revising the
    5         effective date upon which an independent sanctioning
    6         authority is required to conduct certain background
    7         screenings of athletic coaches; providing that an
    8         independent sanctioning authority is considered a
    9         qualified entity for the purpose of participating in
   10         the Care Provider Background Screening Clearinghouse;
   11         prohibiting the Agency for Health Care Administration
   12         from allowing certain persons to act as athletic
   13         coaches; requiring that certain persons be under the
   14         direct supervision of an athletic coach who meets
   15         certain background screening requirements; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (1) and paragraphs
   21  (a) and (b) of subsection (2) of section 943.0438, Florida
   22  Statutes, are amended, and subsection (5) is added to that
   23  section, to read
   24         943.0438 Athletic coaches for independent sanctioning
   25  authorities.—
   26         (1) As used in this section, the term:
   27         (a) “Athletic coach” means a person who:
   28         1. Is authorized by an independent sanctioning authority to
   29  work as a coach, an assistant coach, a manager, or a referee for
   30  more than 20 hours in a calendar year, whether for compensation
   31  or as a volunteer, for a youth athletic team based in this
   32  state; and
   33         2. Has direct contact with one or more minors on the youth
   34  athletic team.
   35         (2) An independent sanctioning authority shall:
   36         (a) Effective July 1, 2026 January 1, 2025, conduct a level
   37  2 background screening under s. 435.04 of each current and
   38  prospective athletic coach. The authority may not delegate this
   39  responsibility to an individual team and may not authorize any
   40  person to act as an athletic coach unless a level 2 background
   41  screening is conducted and does not result in disqualification
   42  under paragraph (b).
   43         (b)1.Be considered a Before January 1, 2026, or a later
   44  date as determined by the Agency for Health Care Administration
   45  for the participation of qualified entity for purposes of
   46  participating entities in the Care Provider Background Screening
   47  Clearinghouse under s. 435.12, disqualify any person from acting
   48  as an athletic coach as provided in s. 435.04. The authority may
   49  allow a person disqualified under this subparagraph to act as an
   50  athletic coach if it determines that the person meets the
   51  requirements for an exemption from disqualification under s.
   52  435.07.
   53         2. On or after January 1, 2026, or a later date as
   54  determined by The Agency for Health Care Administration may, not
   55  allow a any person to act as an athletic coach if he or she does
   56  not pass the background screening qualifications in s. 435.04.
   57  The authority may allow a person disqualified under this
   58  paragraph subparagraph to act as an athletic coach if the person
   59  has successfully completed the exemption from the
   60  disqualification process under s. 435.07.
   61         (5) A person under the age of 16 who is acting as a coach,
   62  an assistant coach, a manager, or a referee, whether for
   63  compensation or as a volunteer, for a youth athletic team based
   64  in this state must be under the direct supervision of an
   65  athletic coach who meets the background screening requirements
   66  of this section.
   67         Section 2. This act shall take effect upon becoming a law.