Florida Senate - 2025                      CS for CS for SB 1546
       
       
        
       By the Committees on Rules; and Criminal Justice; and Senator
       Grall
       
       
       
       
       595-03370-25                                          20251546c2
    1                        A bill to be entitled                      
    2         An act relating to background screening of athletic
    3         coaches; amending s. 943.0438, F.S.; making a
    4         technical change; revising the date by which an
    5         independent sanctioning authority is required to
    6         conduct certain background screenings of athletic
    7         coaches; providing that an independent sanctioning
    8         authority shall be considered a qualified entity for
    9         the purpose of participating in the Care Provider
   10         Background Screening Clearinghouse no later than a
   11         specified date; prohibiting an independent sanctioning
   12         authority from allowing certain persons to act as
   13         athletic coaches beginning on a specified date;
   14         authorizing a person who has not undergone certain
   15         background screening to act as an athletic coach if he
   16         or she is under the direct supervision of an athletic
   17         coach who meets certain background screening
   18         requirements; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (a) of subsection (1) and paragraphs
   23  (a) and (b) of subsection (2) of section 943.0438, Florida
   24  Statutes, are amended, and subsection (5) is added to that
   25  section, to read:
   26         943.0438 Athletic coaches for independent sanctioning
   27  authorities.—
   28         (1) As used in this section, the term:
   29         (a) “Athletic coach” means a person who:
   30         1. Is authorized by an independent sanctioning authority to
   31  work as a coach, an assistant coach, a manager, or a referee,
   32  whether for compensation or as a volunteer, for a youth athletic
   33  team based in this state; and
   34         2. Has direct contact with one or more minors on the youth
   35  athletic team.
   36         (2) An independent sanctioning authority shall:
   37         (a) No later than July 1, 2026:
   38         1.Effective January 1, 2025, Conduct a level 2 background
   39  screening under s. 435.04 of each current and prospective
   40  athletic coach. The authority may not delegate this
   41  responsibility to an individual team and may not authorize any
   42  person to act as an athletic coach unless a level 2 background
   43  screening is conducted and does not result in disqualification
   44  under subparagraph 3 paragraph (b).
   45         2.(b)1.Be considered a Before January 1, 2026, or a later
   46  date as determined by the Agency for Health Care Administration
   47  for the participation of qualified entity for purposes of
   48  participating entities in the Care Provider Background Screening
   49  Clearinghouse under s. 435.12, disqualify any person from acting
   50  as an athletic coach as provided in s. 435.04. The authority may
   51  allow a person disqualified under this subparagraph to act as an
   52  athletic coach if it determines that the person meets the
   53  requirements for an exemption from disqualification under s.
   54  435.07.
   55         3.2.On or after January 1, 2026, or a later date as
   56  determined by the Agency for Health Care Administration, Not
   57  allow a any person to act as an athletic coach if he or she does
   58  not pass the background screening qualifications in s. 435.04.
   59  The authority may allow a person disqualified under this
   60  subparagraph to act as an athletic coach if the person has
   61  successfully completed the exemption from the disqualification
   62  process under s. 435.07.
   63         (5) Notwithstanding paragraph (2)(a), a person who has not
   64  undergone background screening pursuant to this section may act
   65  as an athletic coach if he or she is under the direct
   66  supervision of an athletic coach who meets the background
   67  screening requirements of this section.
   68         Section 2. This act shall take effect upon becoming a law.