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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to athletic associations; amending s. 2
1006.20, F.S.; authorizing specified parties to 3
approve athletic associations that meet certain 4
requirements; providing a definition; providing that 5
private schools and traditional public schools are 6
considered high schools; providing that approved 7
athletic associations are subject to certain 8
requirements; requiring approved athletic associations 9
to adopt certain bylaws; requiring approved athletic 10
associations to establish certain appeals process; 11
amending ss. 768.135, 1002.20, 1002.42, 1006.15, 12
1006.165, 1006.18, 1006.195, 1012.468, 1012.795, and 13
1012.796, F.S.; conforming cross -references and 14
provisions to changes made by the act; providing an 15
effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Subsections (2) through (8) of section 1006.20, 20
Florida Statutes, are renumbered as subsections (3) through (9), 21
respectively, and present subsections (1), (2), and (7) of that 22
section are amended to read: 23
1006.20 Athletics in public K -12 schools.— 24
(1) GOVERNING NONPROFIT ASSOCIATION ORGANIZATION.—The 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida High School Athletic Association (FHSAA) is designated 26
as the governing nonprofit athletic association organization of 27
athletics in Florida public schools. If the FHSAA fails to meet 28
the provisions of this section, The commissioner, with the 29
approval of the State Board of Education, may approve other 30
shall designate a nonprofit athletic associations. As used in 31
this section, the term "approved athletic association" means the 32
FHSAA or a nonprofit athletic association approved by the 33
commissioner and organization to govern athletics with the 34
approval of the State Board of Education. An approved athletic 35
association The FHSAA is not a state agency as defined in s. 36
120.52 but is. The FHSAA shall be subject to ss. 1006.15-1006.19 37
the provisions of s. 1006.19 . 38
(2) MEMBERSHIP.—A private school that wishes to engage i n 39
high school athletic competition with a public high school may 40
become a member of the FHSAA. Any high school in the state, 41
including private schools, traditional public schools, charter 42
schools, virtual schools, and home education cooperatives, may 43
become a member of an approved athletic association the FHSAA 44
and participate in the activities of the FHSAA . However, 45
membership in an association the FHSAA is not mandatory for any 46
school. An approved athletic association The FHSAA must allow 47
any a private school or cooperative the option of maintaining 48
full membership in the association or joining by sport and may 49
not discourage any a private school or cooperative from 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
simultaneously maintaining membership in another approved 51
athletic association. An approved athletic association The FHSAA 52
may allow a public school the option to apply for consideration 53
to join another athletic association. the FHSAA may not deny or 54
discourage interscholastic competition between its member 55
schools and nonmember non-FHSAA member Florida schools, 56
including members of another approved athletic association 57
governing organization , and may not take any retributory or 58
discriminatory action against any of its member schools that 59
participate in interscholastic competition with nonmember non-60
FHSAA member Florida schools. The FHSAA may not unreasonably 61
withhold its approval of an application to become an affiliate 62
member of the National Federation of State High School 63
Associations submitted by any other approved athletic 64
association organization that governs interscholastic athletic 65
competition in this state. The bylaws of each approved athletic 66
association the FHSAA are the rules by which high school 67
athletic programs in its member schools, and the students who 68
participate in them, are gove rned, unless otherwise specifically 69
provided by statute. For the purposes of this section, the term 70
"high school" includes grades 6 through 12. 71
(3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES. — 72
(a) An approved athletic association the FHSAA shall adopt 73
bylaws that, unless specifically provided by statute, establish 74
eligibility requirements for all students who participate in 75
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high school athletic competition in its member schools. The 76
bylaws governing residence and transfer shall allow the student 77
to be immediately eligible in the school in which he or she 78
first enrolls each school year or the school in which the 79
student makes himself or herself a candidate for an athletic 80
team by engaging in a practice before prior to enrolling in the 81
school. The bylaws shall also allow the student to be 82
immediately eligible in the school to which the student has 83
transferred. The student shall be eligible in that school so 84
long as he or she remains enrolled in that school. Subsequent 85
eligibility shall be determined and enforced through the 86
association's FHSAA's bylaws. Requirements governing eligibility 87
and transfer between member schools shall be applied similarly 88
to public school students and private school students. 89
(b) An approved athletic association the FHSAA shall adopt 90
bylaws that specifically prohibit the recruiting of students for 91
athletic purposes. The bylaws shall prescribe penalties and an 92
appeals process for athletic recruiting violations. 93
1. If it is determined that a school has recruited a 94
student in violation of association FHSAA bylaws, the 95
association FHSAA may require the school to participate in a 96
higher classification for the sport in which the recruited 97
student competes for a minimum of one classification cycle, in 98
addition to the penalties in s ubparagraphs 2. and 3. and any 99
other appropriate fine or sanction imposed on the school, its 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
coaches, or adult representatives who violate recruiting rules. 101
2. Any recruitment by a school district employee or 102
contractor in violation of association FHSAA bylaws results in 103
escalating punishments as follows: 104
a. For a first offense, a $5,000 forfeiture of pay for the 105
school district employee or contractor who committed the 106
violation. 107
b. For a second offense, suspension without pay for 12 108
months from coaching, directing, or advertising an 109
extracurricular activity and a $5,000 forfeiture of pay for the 110
school district employee or contractor who committed the 111
violation. 112
c. For a third offense, a $5,000 forfeiture of pay for the 113
school district employee or c ontractor who committed the 114
violation. If the individual who committed the violation holds 115
an educator certificate, the association FHSAA shall also refer 116
the violation to the department for review pursuant to s. 117
1012.796 to determine whether probable caus e exists, and, if 118
there is a finding of probable cause, the commissioner shall 119
file a formal complaint against the individual. If the complaint 120
is upheld, the individual's educator certificate shall be 121
revoked for 3 years, in addition to any penalties avai lable 122
under s. 1012.796. Additionally, the department shall revoke any 123
adjunct teaching certificates issued pursuant to s. 1012.57 and 124
all permissions under ss. 1012.39 and 1012.43, and the educator 125
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is ineligible for such certificates or permissions for a period 126
of time equal to the period of revocation of his or her state -127
issued certificate. 128
3. Notwithstanding any other provision of law, a school, 129
team, or activity shall forfeit all competitions, including 130
honors resulting from such competitions, in which a student who 131
participated in any fashion was recruited in a manner prohibited 132
pursuant to state law or the association FHSAA bylaws. 133
4. A student may not be declared ineligible based on 134
violation of recruiting rules unless the student or parent has 135
falsified any enrollment or eligibility document or accepted any 136
benefit if such benefit is not generally available to the 137
school's students or family members or is based in any way on 138
athletic interest, potential, or performance. 139
5. A student's eligibility to participate in any 140
interscholastic or intrascholastic extracurricular activity, as 141
determined by a district school board pursuant to s. 142
1006.195(1)(a)3., may not be affected by any alleged recruiting 143
violation until final disposition of the allegation. 144
(c) An approved athletic association the FHSAA shall adopt 145
bylaws that require all stu dents participating in 146
interscholastic athletic competition or who are candidates for 147
an interscholastic athletic team to satisfactorily pass a 148
medical evaluation each year before participating in 149
interscholastic athletic competition or engaging in any 150
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practice, tryout, workout, conditioning, or other physical 151
activity associated with the student's candidacy for an 152
interscholastic athletic team, including activities that occur 153
outside of the school year. Such medical evaluation may be 154
administered only by a practitioner licensed under chapter 458, 155
chapter 459, chapter 460, or s. 464.012 or registered under s. 156
464.0123 and in good standing with the practitioner's regulatory 157
board. The bylaws shall establish requirements for eliciting a 158
student's medical histo ry and performing the medical evaluation 159
required under this paragraph, which shall include a physical 160
assessment of the student's physical capabilities to participate 161
in interscholastic athletic competition as contained in a 162
uniform preparticipation physi cal evaluation and history form. 163
The evaluation form shall incorporate the recommendations of the 164
American Heart Association for participation cardiovascular 165
screening and shall provide a place for the signature of the 166
practitioner performing the evaluatio n with an attestation that 167
each examination procedure listed on the form was performed by 168
the practitioner or by someone under the direct supervision of 169
the practitioner. The form shall also contain a place for the 170
practitioner to indicate if a referral to another practitioner 171
was made in lieu of completion of a certain examination 172
procedure. The form shall provide a place for the practitioner 173
to whom the student was referred to complete the remaining 174
sections and attest to that portion of the examination. The 175
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preparticipation physical evaluation form shall advise students 176
to complete a cardiovascular assessment and shall include 177
information concerning alternative cardiovascular evaluation and 178
diagnostic tests. Results of such medical evaluation must be 179
provided to the school. A student is not eligible to 180
participate, as provided in s. 1006.15(3), in any 181
interscholastic athletic competition or engage in any practice, 182
tryout, workout, or other physical activity associated with the 183
student's candidacy for an in terscholastic athletic team until 184
the results of the medical evaluation have been received and 185
approved by the school. 186
(d) Notwithstanding the provisions of paragraph (c), a 187
student may participate in interscholastic athletic competition 188
or be a candidate for an interscholastic athletic team if the 189
parent of the student objects in writing to the student 190
undergoing a medical evaluation because such evaluation is 191
contrary to his or her religious tenets or practices. However, 192
in such case, there shall be no liability on the part of any 193
person or entity in a position to otherwise rely on the results 194
of such medical evaluation for any damages resulting from the 195
student's injury or death arising directly from the student's 196
participation in interscholastic athlet ics where an undisclosed 197
medical condition that would have been revealed in the medical 198
evaluation is a proximate cause of the injury or death. 199
(e) An approved athletic association the FHSAA shall adopt 200
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bylaws that regulate persons who conduct investigat ions on 201
behalf of the association FHSAA. The bylaws shall include 202
provisions that require an investigator to: 203
1. Undergo level 2 background screening under s. 435.04, 204
establishing that the investigator has not committed any 205
disqualifying offense listed i n s. 435.04, unless the 206
investigator can provide proof of compliance with level 2 207
screening standards submitted within the previous 5 years to 208
meet any professional licensure requirements, provided: 209
a. The investigator has not had a break in service from a 210
position that requires level 2 screening for more than 90 days; 211
and 212
b. The investigator submits, under penalty of perjury, an 213
affidavit verifying that the investigator has not committed any 214
disqualifying offense listed in s. 435.04 and is in full 215
compliance with this paragraph. 216
2. Be appointed as an investigator by the executive 217
director. 218
3. Carry a photo identification card that shows the 219
association's FHSAA name and, logo, and the investigator's 220
official title. 221
4. Adhere to the following guidel ines: 222
a. Investigate only those alleged violations assigned by 223
the executive director or the board of directors. 224
b. Conduct interviews on Monday through Friday between the 225
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hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 226
the interviewee. 227
c. Allow the parent of any student being interviewed to be 228
present during the interview. 229
d. Search residences or other private areas only with the 230
permission of the executive director and the written consent of 231
the student's parent and only with a par ent or a representative 232
of the parent present. 233
(f) An approved athletic association the FHSAA shall adopt 234
bylaws that establish sanctions for coaches who have committed 235
major violations of the association's FHSAA's bylaws and 236
policies. 237
1. Major violations include, but are not limited to, 238
knowingly allowing an ineligible student to participate in a 239
contest representing a member school in an interscholastic 240
contest or committing a violation of the association's FHSAA's 241
recruiting or sportsmanship policies . 242
2. Sanctions placed upon an individual coach may include, 243
but are not limited to, prohibiting or suspending the coach from 244
coaching, participating in, or attending any athletic activity 245
sponsored, recognized, or sanctioned by the association FHSAA 246
and the member school for which the coach committed the 247
violation. If a coach is sanctioned by the association FHSAA and 248
the coach transfers to another member school, those sanctions 249
remain in full force and effect during the term of the sanction. 250
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3. If a member school is assessed a financial penalty as a 251
result of a coach committing a major violation, the coach shall 252
reimburse the member school before being allowed to coach, 253
participate in, or attend any athletic activity sponsored, 254
recognized, or sanctioned by the association FHSAA and a member 255
school. 256
4. The association FHSAA shall establish a due process 257
procedure for coaches sanctioned under this paragraph, 258
consistent with the appeals procedures set forth in subsection 259
(8) (7). 260
(g) An approved athletic association the FHSAA shall adopt 261
bylaws establishing the process and standards by which the 262
association's FHSAA determinations of eligibility are made. Such 263
bylaws shall provide that: 264
1. Ineligibility must be established by a preponderance of 265
the evidence; 266
2. Student athletes, parents, and schools must have notice 267
of the initiation of any investigation or other inquiry into 268
eligibility and may present, to the investigator and to the 269
individual making the eligibility determination, any info rmation 270
or evidence that is credible, persuasive, and of a kind 271
reasonably prudent persons rely upon in the conduct of serious 272
affairs; 273
3. An investigator may not determine matters of 274
eligibility but must submit information and evidence to the 275
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executive director or a person designated by the executive 276
director or by the board of directors for an unbiased and 277
objective determination of eligibility; and 278
4. A determination of ineligibility must be made in 279
writing, setting forth the findings of fact and spe cific 280
violation upon which the decision is based. 281
(h) In lieu of bylaws adopted under paragraph (g), an 282
approved athletic association the FHSAA may adopt bylaws 283
providing as a minimum the procedural safeguards of ss. 120.569 284
and 120.57, making appropriat e provision for appointment of 285
unbiased and qualified hearing officers. 286
(i) An approved athletic association's the FHSAA bylaws 287
may not limit the competition of student athletes prospectively 288
for rule violations of their school or its coaches or their 289
adult representatives. The association FHSAA bylaws may not 290
unfairly punish student athletes for eligibility or recruiting 291
violations perpetrated by a teammate, coach, or administrator. 292
Contests may not be forfeited for inadvertent eligibility 293
violations unless the coach or a school administrator should 294
have known of the violation. Contests may not be forfeited for 295
other eligibility violations or recruiting violations in excess 296
of the number of contests that the coaches and adult 297
representatives responsible f or the violations are prospectively 298
suspended. 299
(j) An approved athletic association the FHSAA shall adopt 300
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guidelines to educate athletic coaches, officials, 301
administrators, and student athletes and their parents of the 302
nature and risk of concussion and h ead injury. 303
(k) An approved athletic association the FHSAA shall adopt 304
bylaws or policies that require the parent of a student who is 305
participating in interscholastic athletic competition or who is 306
a candidate for an interscholastic athletic team to sign and 307
return an informed consent that explains the nature and risk of 308
concussion and head injury, including the risk of continuing to 309
play after concussion or head injury, each year before 310
participating in interscholastic athletic competition or 311
engaging in any practice, tryout, workout, or other physical 312
activity associated with the student's candidacy for an 313
interscholastic athletic team. 314
(l) An approved athletic association the FHSAA shall adopt 315
bylaws or policies that require each student athlete who is 316
suspected of sustaining a concussion or head injury in a 317
practice or competition to be immediately removed from the 318
activity. A student athlete who has been removed from an 319
activity may not return to practice or competition until the 320
student submits to the school a written medical clearance to 321
return stating that the student athlete no longer exhibits 322
signs, symptoms, or behaviors consistent with a concussion or 323
other head injury. Medical clearance must be authorized by the 324
appropriate health care practitioner trained in the diagnosis, 325
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evaluation, and management o f concussions as defined by the 326
Sports Medicine Advisory Committee of the Florida High School 327
Athletic Association. 328
(m) The FHSAA shall adopt bylaws for the establishment and 329
duties of a sports medicine advisory committee composed of the 330
following members: 331
1. Eight physicians licensed under chapter 458 or chapter 332
459 with at least one member licensed under chapter 459. 333
2. One chiropractor licensed under chapter 460. 334
3. One podiatrist licensed under chapter 461. 335
4. One dentist licensed under chapte r 466. 336
5. Three athletic trainers licensed under part XIII of 337
chapter 468. 338
6. One member who is a current or retired head coach of a 339
high school in the state. 340
(8)(7) APPEALS.— 341
(a) An approved athletic association the FHSAA shall 342
establish a procedure of due process which ensures each student 343
the opportunity to appeal an unfavorable ruling with regard to 344
his or her eligibility to compete. The initial appeal shall be 345
made to a committee on appeals within the administrative region 346
in which the student lives. The approved athletic association's 347
FHSAA's bylaws shall establish the number, size, and composition 348
of each committee on appeals. 349
(b) No member of the board of directors is eligible to 350
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serve on a committee on appeals. 351
(c) Members of a committee on appeals shall serve terms of 352
3 years and are eligible to succeed themselves only once. A 353
member of a committee on appeals may serve a maximum of 6 354
consecutive years. The approved athletic association's FHSAA's 355
bylaws shall establish a rotation of terms to ensure that a 356
majority of the members' terms do not expire concurrently. 357
(d) The authority and duties of a committee on appeals 358
shall be to consider requests by member schools seeking 359
exceptions to bylaws and regulations, to hear undue hardship 360
eligibility cases filed by member schools on behalf of student 361
athletes, and to hear appeals filed by member schools or student 362
athletes. 363
(e) A student athlete or member school that receives an 364
unfavorable ruling from a committee on appeals shall be entitled 365
to appeal that decision to the board of directors at its next 366
regularly scheduled meeting or called meeting. The board of 367
directors shall have the authority to uphold, reverse, or amend 368
the decision of the committee on appeals. In all such cases, the 369
decision of the board of directors shall be final. 370
(f) The approved athletic association FHSAA shall expedite 371
the appeals process on determinations of ineligibility so that 372
disposition of the appeal can be made before the end of the 373
applicable sports season, if possible. 374
(g) In any appeal from a decision on eligibility made by 375
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the executive director or a designee, a school or student 376
athlete filing the appeal must be permitted to present 377
information and evidence that was not available at the time of 378
the initial determination or if the determination was not made 379
by an unbiased, objective individual using a process allowing 380
full due process rights to be heard and to present evidence. If 381
evidence is presented on appeal, a de novo decision must be made 382
by the committee or board hearing the appeal, or the 383
determination may be suspended and the matter remanded for a new 384
determination based on all the evidence. If a de novo decision 385
is made on appeal, the decision must be made in writing, setting 386
forth the findings o f fact and specific violation upon which the 387
decision is based. If a de novo decision is not required, the 388
decision appealed must be set aside if the decision on 389
ineligibility was not based on clear and convincing evidence. 390
Any further appeal shall be cons idered on a record that includes 391
all evidence presented. 392
Section 2. Subsection (3) of section 768.135, Florida 393
Statutes, is amended to read: 394
768.135 Volunteer team physicians; immunity. — 395
(3) A practitioner licensed under chapter 458, chapter 396
459, chapter 460, or s. 464.012 or registered under s. 464.0123 397
who gratuitously and in good faith conducts an evaluation 398
pursuant to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for 399
any civil damages arising from that evaluation unless the 400
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evaluation was conducted in a wrongful manner. 401
Section 3. Subsection (17) of section 1002.20, Florida 402
Statutes, is amended to read: 403
1002.20 K-12 student and parent rights. —Parents of public 404
school students must receive accurate and timely information 405
regarding their child's academic progress and must be informed 406
of ways they can help their child to succeed in school. K -12 407
students and their parents are afforded numerous statutory 408
rights including, but not limited to, the following: 409
(17) ATHLETICS; PUBLIC HIGH SCHOOL. — 410
(a) Eligibility.—Eligibility requirements for all students 411
participating in high school athletic competition must allow a 412
student to be immediately eligible in the school in which he or 413
she first enrolls each school year, the school in which the 414
student makes himself or herself a candidate for an athletic 415
team by engaging in practice before enrolling, or the school to 416
which the student has transferred, in accordance with s. 417
1006.20(3)(a) s. 1006.20(2)(a). 418
(b) Medical evaluation. —Students must satisfac torily pass 419
a medical evaluation each year before participating in 420
athletics, unless the parent objects in writing based on 421
religious tenets or practices, in accordance with s. 422
1006.20(3)(d) the provisions of s. 1006.20(2)(d) . 423
Section 4. Subsection (8) of section 1002.42, Florida 424
Statutes, is amended to read: 425
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1002.42 Private schools. — 426
(8) ATHLETIC COMPETITION. —A private school may participate 427
in athletic competition with a public high school by joining an 428
approved athletic association in accordance with s. 1006.20 the 429
provisions of s. 1006.20(1) . 430
Section 5. Subsection (8) and paragraph (a) of subsection 431
(9) of section 1006.15, Florida Statutes, are amended to read: 432
1006.15 Student standards for participation in 433
interscholastic and intrascholastic extracurricular student 434
activities; regulation. — 435
(8)(a) An approved athletic association under s. 1006.20 436
the Florida High School Athletic Association (FHSAA) , in 437
cooperation with each district school board, shall facilitate a 438
program in which a middle school or high school student who 439
attends a private school shall be eligible to participate in an 440
interscholastic or intrascholastic sport at a public high 441
school, a public middle school, or a 6 -12 public school to which 442
the student would be assigned according to district school board 443
attendance area policies and procedures or which the student 444
could choose to attend pursuant to s. 1002.31, provided the 445
public school has not reached capacity as determined by the 446
district school board, if: 447
1. The private school in which the student is enrolled is 448
not a member of the association FHSAA. 449
2. The private school student meets the guidelines for the 450
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conduct of the program established by the association's FHSAA's 451
board of directors and the district school board. At a minimum, 452
such guidelines shall provide : 453
a. a deadline for each sport by which the private school 454
student's parents must register with the public school in 455
writing their intent for their child to participate at that 456
school in the sport. 457
b. Requirements for a private school student to 458
participate, including, but not limited to, meeting the same 459
standards of eligibility, acceptance, behavior, educational 460
progress, and performance which apply to other students 461
participating in interschol astic or intrascholastic sports at a 462
public school or FHSAA member private school. 463
(b) The parents of a private school student participating 464
in a public school sport under this subsection are responsible 465
for transporting their child to and from the publi c school at 466
which the student participates. The private school the student 467
attends, the public school at which the student participates in 468
a sport, the district school board, and the association FHSAA 469
are exempt from civil liability arising from any injury that 470
occurs to the student during such transportation. 471
(c) For each academic year, a private school student may 472
only participate at the public school in which the student is 473
first registered under subparagraph (a)2. sub-subparagraph 474
(a)2.a. or makes himself or herself a candidate for an athletic 475
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team by engaging in a practice. 476
(d) The athletic director of each participating 477
association FHSAA member public school shall maintain the 478
student records necessary for eligibility, compliance, and 479
participation in the program. 480
(e) Any nonmember non-FHSAA member private school that has 481
a student who wishes to participate in this program must make 482
all student records, including, but not limited to, academic, 483
financial, disciplinary, and attendance records, avail able upon 484
request of the association FHSAA. 485
(f) A student must apply to participate in this program 486
through the association's FHSAA program application process. 487
(g) Only students who are enrolled in nonmember non-FHSAA 488
member private schools consisting of 125 students or fewer are 489
eligible to participate in the program in any given academic 490
year. 491
(9)(a) A student who transfers to a school during the 492
school year may seek to immediately join an existing team if the 493
roster for the specific interscholasti c or intrascholastic 494
extracurricular activity has not reached the activity's 495
identified maximum size and if the coach for the activity 496
determines that the student has the requisite skill and ability 497
to participate. The association FHSAA and school district or 498
charter school may not declare such a student ineligible because 499
the student did not have the opportunity to comply with 500
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qualifying requirements. 501
Section 6. Paragraph (a) of subsection (1) and paragraph 502
(a) of subsection (2) of section 1006.165, Fl orida Statutes, are 503
amended to read: 504
1006.165 Well-being of students participating in 505
extracurricular activities; training. — 506
(1)(a) Each public school that is a member of an approved 507
athletic association under s. 1006.20 the Florida High School 508
Athletic Association (FHSAA) must have an operational automated 509
external defibrillator on the school grounds. The defibrillator 510
must be available in a clearly marked and publicized location 511
for each athletic contest, practice, workout, or conditioning 512
session, including those conducted outside of the school year. 513
Public and private partnerships are encouraged to cover the cost 514
associated with the purchase and placement of the defibrillator 515
and training in the use of the defibrillator. 516
(2)(a) In order to better p rotect student athletes 517
participating in athletics during hot weather and avoid 518
preventable injury or death, an approved athletic association 519
under s. 1006.20 the FHSAA shall: 520
1. Make training and resources available to each member 521
school for the effecti ve monitoring of heat stress. 522
2. Establish guidelines for monitoring heat stress and 523
identify heat stress levels at which a school must make a 524
cooling zone available for each outdoor athletic contest, 525
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practice, workout, or conditioning session. Heat stre ss must be 526
determined by measuring the ambient temperature, humidity, wind 527
speed, sun angle, and cloud cover at the site of the athletic 528
activity. 529
3. Require member schools to monitor heat stress and 530
modify athletic activities, including suspending or mo ving 531
activities, based on the heat stress guidelines. 532
4. Establish hydration guidelines, including appropriate 533
introduction of electrolytes after extended activities or when a 534
student participates in multiple activities in a day. 535
5. Establish requireme nts for cooling zones, including, at 536
a minimum, the immediate availability of cold -water immersion 537
tubs or equivalent means to rapidly cool internal body 538
temperature when a student exhibits symptoms of exertional heat 539
stroke and the presence of an employee or volunteer trained to 540
implement cold-water immersion. 541
6. Require each school's emergency action plan, as 542
required by the association FHSAA, to include a procedure for 543
onsite cooling using cold -water immersion or equivalent means 544
before a student is tr ansported to a hospital for exertional 545
heat stroke. 546
547
The requirements of this paragraph apply year -round. 548
Section 7. Section 1006.18, Florida Statutes, is amended 549
to read: 550
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1006.18 Cheerleader safety standards. —An approved athletic 551
association under s. 1006.20 the Florida High School Athletic 552
Association or successor organization shall adopt statewide 553
uniform safety standards for student cheerleaders and spirit 554
groups that participate in any school activity or 555
extracurricular student activity , if applicable. Such approved 556
athletic association the Florida High School Athletic 557
Association or successor organization shall adopt the "Official 558
High School Spirit Rules," published by the National Federation 559
of State High School Associations, as the statewide u niform 560
safety standards. 561
Section 8. Paragraph (a) of subsection (1) and subsection 562
(2) of section 1006.195, Florida Statutes, are amended to read: 563
1006.195 District school board, charter school authority 564
and responsibility to establish student eligib ility regarding 565
participation in interscholastic and intrascholastic 566
extracurricular activities. —Notwithstanding any provision to the 567
contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 568
eligibility to participate in interscholastic and 569
intrascholastic extracurricular activities: 570
(1)(a) A district school board must establish, through its 571
code of student conduct, student eligibility standards and 572
related student disciplinary actions regarding student 573
participation in interscholastic and intrascholastic 574
extracurricular activities. T he code of student conduct must 575
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provide that: 576
1. A student not currently suspended from interscholastic 577
or intrascholastic extracurricular activities, or suspended or 578
expelled from school, pursuant to a district school board's 579
suspension or expulsion pow ers provided in law, including ss. 580
1006.07, 1006.08, and 1006.09, is eligible to participate in 581
interscholastic and intrascholastic extracurricular activities. 582
2. A student may not participate in a sport if the student 583
participated in that same sport at another school during that 584
school year, unless the student meets the criteria in s. 585
1006.15(3)(h). 586
3. A student's eligibility to participate in any 587
interscholastic or intrascholastic extracurricular activity may 588
not be affected by any alleged recruiting violation until final 589
disposition of the allegation pursuant to s. 1006.20(3)(b) s. 590
1006.20(2)(b). 591
(2)(a) An approved athletic association the Florida High 592
School Athletic Association (FHSAA) continues to retain 593
jurisdiction over the following provisions in s. 1006.20, which 594
may not be implemented in a manner contrary to this section: 595
membership in the association FHSAA; recruiting prohibitions and 596
violations; student medical evaluations; inve stigations; 597
sanctions for coaches; school eligibility and forfeiture of 598
contests; student concussions or head injuries; the sports 599
medical advisory committee; and the general operational 600
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provisions of the association FHSAA. 601
(b) An approved athletic assoc iation under s. 1006.20 the 602
FHSAA must adopt, and prominently publish, the text of this 603
section on its website and in its bylaws, rules, procedures, 604
training and education materials, and all other governing 605
authority documents by August 1, 2016. 606
Section 9. Paragraph (g) of subsection (2) of section 607
1012.468, Florida Statutes, is amended to read: 608
1012.468 Exceptions to certain fingerprinting and criminal 609
history checks.— 610
(2) A district school board shall exempt from the 611
screening requirements set for th in ss. 1012.465 and 1012.467 612
the following noninstructional contractors: 613
(g) An investigator for an approved athletic association 614
the Florida High School Athletic Association (FHSAA) who meets 615
the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e). 616
Section 10. Paragraph (o) of subsection (1) of section 617
1012.795, Florida Statutes, is amended to read: 618
1012.795 Education Practices Commission; authority to 619
discipline.— 620
(1) The Education Practices Commission may suspend the 621
educator certificate of any instructional personnel or school 622
administrator, as defined in s. 1012.01(2) or (3), for up to 5 623
years, thereby denying that person the right to teach or 624
otherwise be employed by a district school board or public 625
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school in any capacity requiring direc t contact with students 626
for that period of time, after which the person may return to 627
teaching as provided in subsection (4); may revoke the educator 628
certificate of any person, thereby denying that person the right 629
to teach or otherwise be employed by a di strict school board or 630
public school in any capacity requiring direct contact with 631
students for up to 10 years, with reinstatement subject to 632
subsection (4); may permanently revoke the educator certificate 633
of any person thereby denying that person the righ t to teach or 634
otherwise be employed by a district school board or public 635
school in any capacity requiring direct contact with students; 636
may suspend a person's educator certificate, upon an order of 637
the court or notice by the Department of Revenue relating to the 638
payment of child support; may direct the department to place a 639
certificateholder employed by a public school, charter school, 640
charter school governing board, or private school that 641
participates in a state scholarship program under chapter 1002 642
on the disqualification list maintained by the department 643
pursuant to s. 1001.10(4)(b) for misconduct that would render 644
the person ineligible pursuant to s. 1012.315 or sexual 645
misconduct with a student; or may impose any other penalty 646
provided by law, if the pe rson: 647
(o) Has committed a third recruiting offense as determined 648
by an approved athletic association the Florida High School 649
Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s. 650
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1006.20(2)(b). 651
Section 11. Subsections (3) and (7) of section 10 12.796, 652
Florida Statutes, are amended to read: 653
1012.796 Complaints against teachers and administrators; 654
procedure; penalties. — 655
(3) The department staff shall advise the commissioner 656
concerning the findings of the investigation and of all 657
referrals by an approved athletic association the Florida High 658
School Athletic Association (FHSAA) pursuant to ss. 659
1006.20(3)(b) 1006.20(2)(b) and 1012.795. The department general 660
counsel or members of that staff shall review the investigation 661
or the referral and advise the commissioner concerning probable 662
cause or lack thereof. The determination of probable cause shall 663
be made by the commissioner. The commissioner shall provide an 664
opportunity for a conference, if requested, before prior to 665
determining probable cause. Th e commissioner may enter into 666
deferred prosecution agreements in lieu of finding probable 667
cause if, in his or her judgment, such agreements are in the 668
best interests of the department, the certificateholder, and the 669
public. Such deferred prosecution agreem ents shall become 670
effective when filed with the clerk of the Education Practices 671
Commission. However, a deferred prosecution agreement may not be 672
entered into if there is probable cause to believe that a felony 673
or an act of moral turpitude, as defined by r ule of the State 674
Board of Education, has occurred, or for referrals by an 675
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approved athletic association the FHSAA. Upon finding no 676
probable cause, the commissioner shall dismiss the complaint and 677
may issue a letter of guidance to the certificateholder. 678
(7) A panel of the commission shall enter a final order 679
either dismissing the complaint or imposing one or more of the 680
following penalties: 681
(a) Denial of an application for a certificate or for an 682
administrative or supervisory endorsement on a teaching 683
certificate. The denial may provide that the applicant may not 684
reapply for certification, and that the department may refuse to 685
consider that applicant's application, for a specified period of 686
time or permanently. 687
(b) Revocation or suspension of a certific ate. 688
(c) Imposition of an administrative fine not to exceed 689
$2,000 for each count or separate offense. 690
(d) Placement of the teacher, administrator, or supervisor 691
on probation for a period of time and subject to such conditions 692
as the commission may spe cify, including requiring the certified 693
teacher, administrator, or supervisor to complete additional 694
appropriate college courses or work with another certified 695
educator, with the administrative costs of monitoring the 696
probation assessed to the educator pla ced on probation. An 697
educator who has been placed on probation shall, at a minimum: 698
1. Immediately notify the investigative office in the 699
Department of Education upon employment or separation from 700
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employment in any public or private position requiring a Florida 701
educator's certificate. 702
2. Have his or her immediate supervisor submit annual 703
performance reports to the investigative office in the 704
Department of Education. 705
3. Pay to the commission within the first 6 months of each 706
probation year the administ rative costs of monitoring probation 707
assessed to the educator. 708
4. Violate no law and fully comply with all district 709
school board policies, school rules, and State Board of 710
Education rules. 711
5. Satisfactorily perform his or her assigned duties in a 712
competent, professional manner. 713
6. Bear all costs of complying with the terms of a final 714
order entered by the commission. 715
(e) Restriction of the authorized scope of practice of the 716
teacher, administrator, or supervisor. 717
(f) Reprimand of the teacher, administrator, or supervisor 718
in writing, with a copy to be placed in the certification file 719
of such person. 720
(g) Imposition of an administrative sanction, upon a 721
person whose teaching certificate has expired, for an act or 722
acts committed while that person possessed a teaching 723
certificate or an expired certificate subject to late renewal, 724
which sanction bars that person from applying for a new 725
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certificate for a period of 10 years or less, or permanently. 726
(h) Refer the teacher, administrator, or supervisor to the 727
recovery network program provided in s. 1012.798 under such 728
terms and conditions as the commission may specify. 729
(i) Direct the department to place instructional personnel 730
or school administrators on the disqualification list maintained 731
by the department pursuant to s. 1001.10(4)(b) for conduct that 732
would render the person ineligible pursuant to s. 1012.315 or 733
sexual misconduct with a student. 734
735
The penalties imposed under this subsection are in addition to, 736
and not in lieu of, the penalties require d for a third 737
recruiting offense pursuant to s. 1006.20(3)(b) s. 738
1006.20(2)(b). 739
Section 12. This act shall take effect July 1, 2022. 740