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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 interscholastic and intrascholastic 2
activities; amending s. 1006.20, F.S.; providing for 3
the approval of athletic associations that meet 4
certain requirements; providing a definition; 5
requiring certain athletic associations to operate 6
under a contract with the State Board of Education; 7
requiring the State Board of Education to annually 8
review specified information relating to such athletic 9
associations; providing that private schools and 10
traditional public schools are considered high schoo ls 11
for specified purposes; prohibiting public schools 12
from maintaining memberships in or paying dues or fees 13
to certain athletic associations; providing that 14
approved athletic associations are subject to certain 15
requirements; requiring approved athletic as sociations 16
to adopt certain bylaws; requiring approved athletic 17
associations to establish a certain appeals process; 18
amending s. 1006.15, F.S.; authorizing home education 19
students, Florida Virtual School students, and private 20
school students to participate in interscholastic and 21
intrascholastic activities at certain schools; 22
revising the requirements for such students to 23
participate in such activities; providing for the 24
continued participation in such activities by certain 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
students who transfer from a publi c school; conforming 26
cross-references and provisions to changes made by the 27
act; amending ss. 768.135, 1002.20, 1002.42, 1006.165, 28
1006.18, 1006.195, 1012.468, 1012.795, and 1012.796, 29
F.S.; conforming cross -references and provisions to 30
changes made by the act; providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsections (2) through (8) of section 1006.20, 35
Florida Statutes, are renumbered as subsections (3) through (9), 36
respectively, and present subs ections (1), (2), (4), (5), (7), 37
and (8) of that section are amended to read: 38
1006.20 Athletics in public K -12 schools.— 39
(1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION 40
ORGANIZATION.—The Florida High School Athletic Association 41
(FHSAA) is designated as th e governing nonprofit athletic 42
association organization of athletics in Florida public schools. 43
If the FHSAA fails to meet the provisions of this section, The 44
commissioner, with the approval of the State Board of Education, 45
may approve other shall designate a nonprofit athletic 46
associations. As used in this section, the term "approved 47
athletic association" means the FHSAA and other nonprofit 48
athletic associations approved by the commissioner and 49
organization to govern athletics with the approval of the State 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
Board of Education. Each nonprofit athletic association subject 51
to the requirements of this section shall operate under a 52
contract with the State Board of Education. Before entering into 53
a contract with an association, the State Board of Education 54
shall annually review, at a minimum, the bylaws, policies, and 55
dues and fees of the association for compliance with subpart D. 56
of this part. Any approved athletic association The FHSAA is not 57
a state agency as defined in s. 120.52 but is. The FHSAA shall 58
be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19 . 59
(2) MEMBERSHIP.—A private school that wishes to engage in 60
high school athletic competition with a public high school may 61
become a member of the FHSAA. Any high school in the state, 62
including private schools, traditional public schools, charter 63
schools, virtual schools, and home education cooperatives, may 64
become a member of any approved athletic association. However, a 65
public school may not maintain membership in or pay dues or fees 66
to any athletic association that is not operated under a 67
contract with the State Board of Education the FHSAA and 68
participate in the activities of the FHSAA . However, Membership 69
in an association the FHSAA is not mandatory for any school. 70
Approved athletic associations The FHSAA must allow any a 71
private school or cooperative the option of maintaining full 72
membership in the association or joining by sport and may not 73
discourage any a private school or cooperative from 74
simultaneously maintaining membership in another approved 75
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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
athletic association. Approved athletic associations The FHSAA 76
may allow a public school the option to apply for consideration 77
to join another athletic association. the FHSAA may not deny or 78
discourage interscholastic competition between its member 79
schools and nonmember non-FHSAA member Florida schools, 80
including members of another approved athletic association 81
governing organization , and may not take any retributory or 82
discriminatory action against any of its member schools that 83
participate in interschol astic competition with nonmember non-84
FHSAA member Florida schools. The FHSAA may not unreasonably 85
withhold its approval of an application to become an affiliate 86
member of the National Federation of State High School 87
Associations submitted by any other approved athletic 88
association organization that governs interscholastic athletic 89
competition in this state. The bylaws of each approved athletic 90
association the FHSAA are the rules by which high school 91
athletic programs in its member schools, and the stude nts who 92
participate in them, are governed, unless otherwise specifically 93
provided by statute. For the purposes of this section, the term 94
"high school" includes grades 6 through 12. 95
(3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES. — 96
(a) Each approved athletic association the FHSAA shall 97
adopt bylaws that, unless specifically provided by statute, 98
establish eligibility requirements for all students who 99
participate in high school athletic competition in its member 100
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schools. The bylaws governing residence a nd transfer shall allow 101
the student to be immediately eligible in the school in which he 102
or she first enrolls each school year or the school in which the 103
student makes himself or herself a candidate for an athletic 104
team by engaging in a practice before prior to enrolling in the 105
school. The bylaws shall also allow the student to be 106
immediately eligible in the school to which the student has 107
transferred. The student shall be eligible in that school so 108
long as he or she remains enrolled in that school. Subsequ ent 109
eligibility shall be determined and enforced through the 110
association's FHSAA's bylaws. Requirements governing eligibility 111
and transfer between member schools shall be applied similarly 112
to public school students and private school students. 113
(b) Each approved athletic association the FHSAA shall 114
adopt bylaws that specifically prohibit the recruiting of 115
students for athletic purposes. The bylaws shall prescribe 116
penalties and an appeals process for athletic recruiting 117
violations. 118
1. If it is determined that a school has recruited a 119
student in violation of association FHSAA bylaws, the 120
association FHSAA may require the school to participate in a 121
higher classification for the sport in which the recruited 122
student competes for a minimum of one classification cycle, in 123
addition to the penalties in subparagraphs 2. and 3. and any 124
other appropriate fine or sanction imposed on the school, its 125
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coaches, or adult representatives who violate recruiting rules. 126
2. Any recruitment by a school district employee or 127
contractor in violation of association FHSAA bylaws results in 128
escalating punishments as follows: 129
a. For a first offense, a $5,000 forfeiture of pay for the 130
school district employee or contractor who committed the 131
violation. 132
b. For a second offense, suspen sion without pay for 12 133
months from coaching, directing, or advertising an 134
extracurricular activity and a $5,000 forfeiture of pay for the 135
school district employee or contractor who committed the 136
violation. 137
c. For a third offense, a $5,000 forfeiture of pay for the 138
school district employee or contractor who committed the 139
violation. If the individual who committed the violation holds 140
an educator certificate, the association FHSAA shall also refer 141
the violation to the department for review pursuant to s. 142
1012.796 to determine whether probable cause exists, and, if 143
there is a finding of probable cause, the commissioner shall 144
file a formal complaint against the individual. If the complaint 145
is upheld, the individual's educator certificate shall be 146
revoked for 3 years, in addition to any penalties available 147
under s. 1012.796. Additionally, the department shall revoke any 148
adjunct teaching certificates issued pursuant to s. 1012.57 and 149
all permissions under ss. 1012.39 and 1012.43, and the educator 150
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is ineligible for such certificates or permissions for a period 151
of time equal to the period of revocation of his or her state -152
issued certificate. 153
3. Notwithstanding any other provision of law, a school, 154
team, or activity shall forfeit all competitions, including 155
honors resulting from such competitions, in which a student who 156
participated in any fashion was recruited in a manner prohibited 157
pursuant to state law or the association FHSAA bylaws. 158
4. A student may not be declared ineligible based on 159
violation of recruiting rules unless the student or parent has 160
falsified any enrollment or eligibility document or accepted any 161
benefit if such benefit is not generally available to the 162
school's students or family members or is based in any way on 163
athletic interest, potential, or performance. 164
5. A student's eligibility to participate in any 165
interscholastic or intrascholastic extracurricular activity, as 166
determined by a district school board pursuant to s. 167
1006.195(1)(a)3., may not be affected by any alleged recruiting 168
violation until final disposition of the allegation. 169
(c) Each approved athletic association the FHSAA shall 170
adopt bylaws that require all s tudents participating in 171
interscholastic athletic competition or who are candidates for 172
an interscholastic athletic team to satisfactorily pass a 173
medical evaluation each year before participating in 174
interscholastic athletic competition or engaging in any 175
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practice, tryout, workout, conditioning, or other physical 176
activity associated with the student's candidacy for an 177
interscholastic athletic team, including activities that occur 178
outside of the school year. Such medical evaluation may be 179
administered only by a practitioner licensed under chapter 458, 180
chapter 459, chapter 460, or s. 464.012 or registered under s. 181
464.0123 and in good standing with the practitioner's regulatory 182
board. The bylaws shall establish requirements for eliciting a 183
student's medical his tory and performing the medical evaluation 184
required under this paragraph, which shall include a physical 185
assessment of the student's physical capabilities to participate 186
in interscholastic athletic competition as contained in a 187
uniform preparticipation phy sical evaluation and history form. 188
The evaluation form shall incorporate the recommendations of the 189
American Heart Association for participation cardiovascular 190
screening and shall provide a place for the signature of the 191
practitioner performing the evaluat ion with an attestation that 192
each examination procedure listed on the form was performed by 193
the practitioner or by someone under the direct supervision of 194
the practitioner. The form shall also contain a place for the 195
practitioner to indicate if a referral to another practitioner 196
was made in lieu of completion of a certain examination 197
procedure. The form shall provide a place for the practitioner 198
to whom the student was referred to complete the remaining 199
sections and attest to that portion of the examination . The 200
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preparticipation physical evaluation form shall advise students 201
to complete a cardiovascular assessment and shall include 202
information concerning alternative cardiovascular evaluation and 203
diagnostic tests. Results of such medical evaluation must be 204
provided to the school. A student is not eligible to 205
participate, as provided in s. 1006.15(3), in any 206
interscholastic athletic competition or engage in any practice, 207
tryout, workout, or other physical activity associated with the 208
student's candidacy for an interscholastic athletic team until 209
the results of the medical evaluation have been received and 210
approved by the school. 211
(d) Notwithstanding the provisions of paragraph (c), a 212
student may participate in interscholastic athletic competition 213
or be a candidate for an interscholastic athletic team if the 214
parent of the student objects in writing to the student 215
undergoing a medical evaluation because such evaluation is 216
contrary to his or her religious tenets or practices. However, 217
in such case, there shall be n o liability on the part of any 218
person or entity in a position to otherwise rely on the results 219
of such medical evaluation for any damages resulting from the 220
student's injury or death arising directly from the student's 221
participation in interscholastic athl etics where an undisclosed 222
medical condition that would have been revealed in the medical 223
evaluation is a proximate cause of the injury or death. 224
(e) Each approved athletic association the FHSAA shall 225
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adopt bylaws that regulate persons who conduct invest igations on 226
behalf of the association FHSAA. The bylaws shall include 227
provisions that require an investigator to: 228
1. Undergo level 2 background screening under s. 435.04, 229
establishing that the investigator has not committed any 230
disqualifying offense list ed in s. 435.04, unless the 231
investigator can provide proof of compliance with level 2 232
screening standards submitted within the previous 5 years to 233
meet any professional licensure requirements, provided: 234
a. The investigator has not had a break in service from a 235
position that requires level 2 screening for more than 90 days; 236
and 237
b. The investigator submits, under penalty of perjury, an 238
affidavit verifying that the investigator has not committed any 239
disqualifying offense listed in s. 435.04 and is in full 240
compliance with this paragraph. 241
2. Be appointed as an investigator by the executive 242
director. 243
3. Carry a photo identification card that shows the 244
association's FHSAA name and, logo, and the investigator's 245
official title. 246
4. Adhere to the following gu idelines: 247
a. Investigate only those alleged violations assigned by 248
the executive director or the board of directors. 249
b. Conduct interviews on Monday through Friday between the 250
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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
hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 251
the interviewee. 252
c. Allow the parent of any student being interviewed to be 253
present during the interview. 254
d. Search residences or other private areas only with the 255
permission of the executive director and the written consent of 256
the student's parent and only with a parent or a representative 257
of the parent present. 258
(f) Each approved athletic association the FHSAA shall 259
adopt bylaws that establish sanctions for coaches who have 260
committed major violations of the association's FHSAA's bylaws 261
and policies. 262
1. Major violations include, but are not limited to, 263
knowingly allowing an ineligible student to participate in a 264
contest representing a member school in an interscholastic 265
contest or committing a violation of the association's FHSAA's 266
recruiting or sportsmanship po licies. 267
2. Sanctions placed upon an individual coach may include, 268
but are not limited to, prohibiting or suspending the coach from 269
coaching, participating in, or attending any athletic activity 270
sponsored, recognized, or sanctioned by the association FHSAA 271
and the member school for which the coach committed the 272
violation. If a coach is sanctioned by the association FHSAA and 273
the coach transfers to another member school, those sanctions 274
remain in full force and effect during the term of the sanction. 275
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3. If a member school is assessed a financial penalty as a 276
result of a coach committing a major violation, the coach shall 277
reimburse the member school before being allowed to coach, 278
participate in, or attend any athletic activity sponsored, 279
recognized, or sanctioned by the association FHSAA and a member 280
school. 281
4. The association FHSAA shall establish a due process 282
procedure for coaches sanctioned under this paragraph, 283
consistent with the appeals procedures set forth in subsection 284
(8) (7). 285
(g) Each approved athletic association the FHSAA shall 286
adopt bylaws establishing the process and standards by which the 287
association's FHSAA determinations of eligibility are made. Such 288
bylaws shall provide that: 289
1. Ineligibility must be established by a preponderanc e of 290
the evidence; 291
2. Student athletes, parents, and schools must have notice 292
of the initiation of any investigation or other inquiry into 293
eligibility and may present, to the investigator and to the 294
individual making the eligibility determination, any in formation 295
or evidence that is credible, persuasive, and of a kind 296
reasonably prudent persons rely upon in the conduct of serious 297
affairs; 298
3. An investigator may not determine matters of 299
eligibility but must submit information and evidence to the 300
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executive director or a person designated by the executive 301
director or by the board of directors for an unbiased and 302
objective determination of eligibility; and 303
4. A determination of ineligibility must be made in 304
writing, setting forth the findings of fact and s pecific 305
violation upon which the decision is based. 306
(h) In lieu of bylaws adopted under paragraph (g), an 307
approved athletic association the FHSAA may adopt bylaws 308
providing as a minimum the procedural safeguards of ss. 120.569 309
and 120.57, making appropri ate provision for appointment of 310
unbiased and qualified hearing officers. 311
(i) An approved athletic association's the FHSAA bylaws 312
may not limit the competition of student athletes prospectively 313
for rule violations of their school or its coaches or their 314
adult representatives. The association FHSAA bylaws may not 315
unfairly punish student athletes for eligibility or recruiting 316
violations perpetrated by a teammate, coach, or administrator. 317
Contests may not be forfeited for inadvertent eligibility 318
violations unless the coach or a school administrator should 319
have known of the violation. Contests may not be forfeited for 320
other eligibility violations or recruiting violations in excess 321
of the number of contests that the coaches and adult 322
representatives responsible for the violations are prospectively 323
suspended. 324
(j) Each approved athletic association the FHSAA shall 325
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adopt guidelines to educate athletic coaches, officials, 326
administrators, and student athletes and their parents of the 327
nature and risk of concussion a nd head injury. 328
(k) Each approved athletic association the FHSAA shall 329
adopt bylaws or policies that require the parent of a student 330
who is participating in interscholastic athletic competition or 331
who is a candidate for an interscholastic athletic team to sign 332
and return an informed consent that explains the nature and risk 333
of concussion and head injury, including the risk of continuing 334
to play after concussion or head injury, each year before 335
participating in interscholastic athletic competition or 336
engaging in any practice, tryout, workout, or other physical 337
activity associated with the student's candidacy for an 338
interscholastic athletic team. 339
(l) Each approved athletic association the FHSAA shall 340
adopt bylaws or policies that require each student athlete who 341
is suspected of sustaining a concussion or head injury in a 342
practice or competition to be immediately removed from the 343
activity. A student athlete who has been removed from an 344
activity may not return to practice or competition until the 345
student submits to the school a written medical clearance to 346
return stating that the student athlete no longer exhibits 347
signs, symptoms, or behaviors consistent with a concussion or 348
other head injury. Medical clearance must be authorized by the 349
appropriate health care practitioner trained in the diagnosis, 350
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evaluation, and management of concussions as defined by the 351
Sports Medicine Advisory Committee of the Florida High School 352
Athletic Association. 353
(m) The FHSAA shall adopt bylaws for the establishment and 354
duties of a sports medicine advisory committee composed of the 355
following members: 356
1. Eight physicians licensed under chapter 458 or chapter 357
459 with at least one member licensed under chapter 459. 358
2. One chiropractor licensed under chapter 460. 359
3. One podiatrist licensed under chapter 461. 360
4. One dentist licensed under chap ter 466. 361
5. Three athletic trainers licensed under part XIII of 362
chapter 468. 363
6. One member who is a current or retired head coach of a 364
high school in the state. 365
(5)(4) FHSAA BOARD OF DIRECTORS.— 366
(a) The executive authority of the FHSAA shall be ves ted 367
in its board of directors. Any entity that appoints members to 368
the board of directors shall examine the ethnic and demographic 369
composition of the board when selecting candidates for 370
appointment and shall, to the greatest extent possible, make 371
appointments that reflect state demographic and population 372
trends. The board of directors shall be composed of 16 persons, 373
as follows: 374
1. Four public member school representatives, one elected 375
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from among its public school representative members within each 376
of the four administrative regions. 377
2. Four nonpublic member school representatives, one 378
elected from among its nonpublic school representative members 379
within each of the four administrative regions. 380
3. Three representatives appointed by the commissioner, 381
one appointed from the two northernmost administrative regions 382
and one appointed from the two southernmost administrative 383
regions. The third representative shall be appointed to balance 384
the board for diversity or state population trends, or both. 385
4. Two district school superintendents, one elected from 386
the two northernmost administrative regions by the members in 387
those regions and one elected from the two southernmost 388
administrative regions by the members in those regions. 389
5. Two district school board mem bers, one elected from the 390
two northernmost administrative regions by the members in those 391
regions and one elected from the two southernmost administrative 392
regions by the members in those regions. 393
6. The commissioner or his or her designee from the 394
department executive staff. 395
(b) A quorum of the board of directors shall consist of 396
nine members. 397
(c) The board of directors shall elect a president and a 398
vice president from among its members. These officers shall also 399
serve as officers of the FHSAA. 400
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(d) Members of the board of directors shall serve terms of 401
3 years and are eligible to succeed themselves only once. A 402
member of the board of directors, other than the commissioner or 403
his or her designee, may serve a maximum of 6 consecutive years. 404
The FHSAA's bylaws shall establish a rotation of terms to ensure 405
that a majority of the members' terms do not expire 406
concurrently. 407
(e) The authority and duties of the board of directors, 408
acting as a body and in accordance with the FHSAA's bylaws, are 409
as follows: 410
1. To act as the incorporated FHSAA's board of directors 411
and to fulfill its obligations as required by the FHSAA's 412
charter and articles of incorporation. 413
2. To establish such guidelines, regulations, policies, 414
and procedures as are authorized by the byl aws. 415
3. To employ an FHSAA executive director, who shall have 416
the authority to waive the bylaws of the FHSAA in order to 417
comply with statutory changes. 418
4. To levy annual dues and other fees and to set the 419
percentage of contest receipts to be collected by the FHSAA. 420
5. To approve the budget of the FHSAA. 421
6. To organize and conduct statewide interscholastic 422
competitions, which may or may not lead to state championships, 423
and to establish the terms and conditions for these 424
competitions. 425
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7. To act as an administrative board in the interpretation 426
of, and final decision on, all questions and appeals arising 427
from the directing of interscholastic athletics of member 428
schools. 429
(6)(5) FHSAA REPRESENTATIVE ASSEMBLY. — 430
(a) The legislative authority of the FHSAA is vested in 431
its representative assembly. 432
(b) The representative assembly shall be composed of the 433
following: 434
1. An equal number of member school representatives from 435
each of the four administrative regions. 436
2. Four district school superintende nts, one elected from 437
each of the four administrative regions by the district school 438
superintendents in their respective administrative regions. 439
3. Four district school board members, one elected from 440
each of the four administrative regions by the distri ct school 441
board members in their respective administrative regions. 442
4. The commissioner or his or her designee from the 443
department executive staff. 444
(c) The FHSAA's bylaws shall establish the number of 445
member school representatives to serve in the repre sentative 446
assembly from each of the four administrative regions and shall 447
establish the method for their selection. 448
(d) No member of the board of directors other than the 449
commissioner or his or her designee can serve in the 450
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representative assembly. 451
(e) The representative assembly shall elect a chairperson 452
and a vice chairperson from among its members. 453
(f) Elected members of the representative assembly shall 454
serve terms of 2 years and are eligible to succeed themselves 455
for two additional terms. An elec ted member, other than the 456
commissioner or his or her designee, may serve a maximum of 6 457
consecutive years in the representative assembly. 458
(g) A quorum of the representative assembly consists of 459
one more than half of its members. 460
(h) The authority of t he representative assembly is 461
limited to its sole duty, which is to consider, adopt, or reject 462
any proposed amendments to the FHSAA's bylaws. 463
(i) The representative assembly shall meet as a body 464
annually. A two-thirds majority of the votes cast by member s 465
present is required for passage of any proposal. 466
(8)(7) APPEALS.— 467
(a) Each approved athletic association the FHSAA shall 468
establish a procedure of due process which ensures each student 469
the opportunity to appeal an unfavorable ruling with regard to 470
his or her eligibility to compete. The initial appeal shall be 471
made to a committee on appeals within the administrative region 472
in which the student lives. The approved athletic association's 473
FHSAA's bylaws shall establish the number, size, and composition 474
of each committee on appeals. 475
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(b) No member of the board of directors is eligible to 476
serve on a committee on appeals. 477
(c) Members of a committee on appeals shall serve terms of 478
3 years and are eligible to succeed themselves only once. A 479
member of a committee on appeals may serve a maximum of 6 480
consecutive years. The approved athletic association's FHSAA's 481
bylaws shall establish a rotation of terms to ensure that a 482
majority of the members' terms do not expire concurrently. 483
(d) The authority and duties of a committee on appeals 484
shall be to consider requests by member schools seeking 485
exceptions to bylaws and regulations, to hear undue hardship 486
eligibility cases filed by member schools on behalf of student 487
athletes, and to hear appeals filed by member school s or student 488
athletes. 489
(e) A student athlete or member school that receives an 490
unfavorable ruling from a committee on appeals shall be entitled 491
to appeal that decision to the board of directors at its next 492
regularly scheduled meeting or called meeting. T he board of 493
directors shall have the authority to uphold, reverse, or amend 494
the decision of the committee on appeals. In all such cases, the 495
decision of the board of directors shall be final. 496
(f) The approved athletic association FHSAA shall expedite 497
the appeals process on determinations of ineligibility so that 498
disposition of the appeal can be made before the end of the 499
applicable sports season, if possible. 500
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(g) In any appeal from a decision on eligibility made by 501
the executive director or a designee, a school or student 502
athlete filing the appeal must be permitted to present 503
information and evidence that was not available at the time of 504
the initial determination or if the determination was not made 505
by an unbiased, objective individual using a process al lowing 506
full due process rights to be heard and to present evidence. If 507
evidence is presented on appeal, a de novo decision must be made 508
by the committee or board hearing the appeal, or the 509
determination may be suspended and the matter remanded for a new 510
determination based on all the evidence. If a de novo decision 511
is made on appeal, the decision must be made in writing, setting 512
forth the findings of fact and specific violation upon which the 513
decision is based. If a de novo decision is not required, the 514
decision appealed must be set aside if the decision on 515
ineligibility was not based on clear and convincing evidence. 516
Any further appeal shall be considered on a record that includes 517
all evidence presented. 518
(9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school 519
representative, the board of directors acting as a whole or as 520
members acting individually, any advisory committee acting as a 521
whole to be established by the FHSAA, and the FHSAA's executive 522
director are empowered to propose amendments to the bylaws. Any 523
other individual may propose an amendment by securing the 524
sponsorship of any of the aforementioned individuals or bodies. 525
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All proposed amendments must be submitted directly to the 526
representative assembly for its consideration. The 527
representative assembly, while empowered to adopt, reject, or 528
revise proposed amendments, may not, in and of itself, as a body 529
be allowed to propose any amendment for its own consideration. 530
Section 2. Paragraphs (c) and (e) of subsection (3), 531
subsection (8), and paragraph (a) of subsection (9) of section 532
1006.15, Florida Statutes, are amended, and subsection (10) is 533
added to that section, to read: 534
1006.15 Student standards for participation in 535
interscholastic and intrascholastic extracurricular student 536
activities; regulation .— 537
(3)(c) An individual home education student is eligible to 538
participate at any the public school in the school district in 539
which the student resides to which the student would be assigned 540
according to district school board attendance area policies or 541
which the student could choose to attend pursuant to s. 1002.31, 542
or may develop an agreement to participate at a private school, 543
in the interscholastic extracurricular activities of that 544
school, provided the following conditions are met: 545
1. The home education student must meet the requirements 546
of the home education program pursuant to s. 1002.41. 547
2. During the period of participation at a school, the 548
home education student must demonstrate educational progress as 549
required in paragraph (b) in all sub jects taken in the home 550
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education program by a method of evaluation agreed upon by the 551
parent and the school principal which may include: review of the 552
student's work by a certified teacher chosen by the parent; 553
grades earned through correspondence; grades earned in courses 554
taken at a Florida College System institution, university, or 555
trade school; standardized test scores above the 35th 556
percentile; or any other method designated in s. 1002.41. 557
3. The home education student must meet the same residency 558
requirements as other students in the school at which he or she 559
participates. 560
4. The home education student must meet the same standards 561
of acceptance, behavior, and performance as required of other 562
students in extracurricular activities. 563
5. The student must register with the school his or her 564
intent to participate in interscholastic extracurricular 565
activities as a representative of the school before 566
participation. A home education student must be able to 567
participate in curricular activities if that is a requirement 568
for an extracurricular activity. 569
6. A student who transfers from a home education program 570
to a public school before or during the first grading period of 571
the school year is academically eligible to participate in 572
interscholastic extracurricul ar activities during the first 573
grading period provided the student has a successful evaluation 574
from the previous school year, pursuant to subparagraph 2. 575
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7. Any public school or private school student who has 576
been unable to maintain academic eligibility for participation 577
in interscholastic extracurricular activities is ineligible to 578
participate in such activities as a home education student until 579
the student has successfully completed one grading period in 580
home education pursuant to subparagraph 2. to bec ome eligible to 581
participate as a home education student. 582
8. The roster for the specific interscholastic activity in 583
which the home education student would like to participate has 584
not reached the activity's identified maximum size and the coach 585
or sponsor for the activity determines that the home education 586
student has the requisite skill and ability to participate. 587
(e) A student of the Florida Virtual School full -time 588
program may participate in any interscholastic extracurricular 589
activity at any the public school in the school district in 590
which the student resides to which the student would be assigned 591
according to district school board attendance area policies or 592
which the student could choose to attend pursuant to s. 1002.31 593
if the student: 594
1. During the period of participation in the 595
interscholastic extracurricular activity, the student meets the 596
requirements in paragraph (a). 597
2. The student meets any additional requirements as 598
determined by the board of trustees of the Florida Virtual 599
School. 600
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3. The student meets the same residency requirements as 601
other students in the school at which he or she participates. 602
4. The student meets the same standards of acceptance, 603
behavior, and performance that are required of other students in 604
extracurricular activities. 605
5. The student registers his or her intent to participate 606
in interscholastic extracurricular activities with the school 607
before participation. A Florida Virtual school student must be 608
able to participate in curricular activities if that is a 609
requirement for an extracurricular activity. 610
6. The roster for the specific interscholastic activity in 611
which the student would like to participate has not reached the 612
activity's identified maximum size and the coach or sponsor for 613
the activity determines th at the student has the requisite skill 614
and ability to participate. 615
(8)(a) Each approved athletic association under s. 1006.20 616
the Florida High School Athletic Association (FHSAA) , in 617
cooperation with each district school board and member private 618
school, shall facilitate a program in which a middle school or 619
high school student who attends a private school shall be 620
eligible to participate in an interscholastic or intrascholastic 621
sport at a member public high school, a member public middle 622
school, or a member 6-12 public school, or a member private 623
school, as appropriate for the private school student's grade 624
level to which the student would be assigned according to 625
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district school board attendance area policies and procedures or 626
which the student could choo se to attend pursuant to s. 1002.31, 627
provided the public school has not reached capacity as 628
determined by the district school board , if: 629
1. The private school in which the student is enrolled is 630
not a member of the association FHSAA. 631
2. The private school student meets the guidelines for the 632
conduct of the program established by the association's FHSAA's 633
board of directors and the district school board or member 634
private school. At a minimum, such guidelines shall provide : 635
a. a deadline for each sport by which the private school 636
student's parents must register with the member public school in 637
writing their intent for their child to participate at that 638
school in the sport. 639
3. The roster for the specific interscholastic or 640
intrascholastic sport in which the private school student would 641
like to participate has not reached the sport's identified 642
maximum size and the coach for the sport determines that the 643
private school student has the requisite skill and ability to 644
participate. 645
b. Requirements for a pri vate school student to 646
participate, including, but not limited to, meeting the same 647
standards of eligibility, acceptance, behavior, educational 648
progress, and performance which apply to other students 649
participating in interscholastic or intrascholastic spor ts at a 650
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public school or FHSAA member private school. 651
(b) The parents of a private school student participating 652
in a member public school sport under this subsection are 653
responsible for transporting their child to and from the member 654
public school at which the student participates. The private 655
school the student attends, the member public school at which 656
the student participates in a sport, the district school board, 657
and the association FHSAA are exempt from civil liability 658
arising from any injury that oc curs to the student during such 659
transportation. 660
(c) For each academic year, a private school student may 661
only participate at the member public school in which the 662
student is first registered under subparagraph (a)2. sub-663
subparagraph (a)2.a. or makes himself or herself a candidate for 664
an athletic team by engaging in a practice. 665
(d) The athletic director of each participating 666
association FHSAA member public school shall maintain the 667
student records necessary for eligibility, compliance, and 668
participation in the program. 669
(e) Any nonmember non-FHSAA member private school that has 670
a student who wishes to participate in this program must make 671
all student records, including, but not limited to, academic, 672
financial, disciplinary, and attendance r ecords, available upon 673
request of the association FHSAA. 674
(f) A student must apply to participate in this program 675
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through the association's FHSAA program application process. 676
(g) Only students who are enrolled in non-FHSAA member 677
private schools consist ing of 125 students or fewer are eligible 678
to participate in the program in any given academic year. 679
(9)(a) A student who transfers to a school during the 680
school year may seek to immediately join an existing team if the 681
roster for the specific interschola stic or intrascholastic 682
extracurricular activity has not reached the activity's 683
identified maximum size and if the coach for the activity 684
determines that the student has the requisite skill and ability 685
to participate. The approved athletic association unde r s. 686
1006.20 FHSAA and school district or charter school may not 687
declare such a student ineligible because the student did not 688
have the opportunity to comply with qualifying requirements. 689
(10) A student who is participating in an interscholastic 690
or intrascholastic activity at a public school and who transfers 691
from the school during the school year must be permitted to 692
continue to participate in the activity at the school from which 693
he or she transferred for the remainder of the school year if: 694
(a) During the period of participation in the activity, 695
the student continues to meet the requirements in paragraph 696
(3)(a). 697
(b) The student continues to meet the same standards of 698
acceptance, behavior, and performance that are required of other 699
students participating in the activity, except for enrollment 700
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requirements at the school at which the student participates. 701
(c) The parents of the student participating in the 702
activity provide for the transportation of the student to and 703
from the school at which the stude nt participates. The school 704
the student attends, the school at which the student 705
participates in the activity, and the district school board are 706
exempt from civil liability arising from any injury that occurs 707
to the student during such transportation. 708
Section 3. Subsection (3) of section 768.135, Florida 709
Statutes, is amended to read: 710
768.135 Volunteer team physicians; immunity. — 711
(3) A practitioner licensed under chapter 458, chapter 712
459, chapter 460, or s. 464.012 or registered under s. 464.0123 713
who gratuitously and in good faith conducts an evaluation 714
pursuant to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for 715
any civil damages arising from that evaluation unless the 716
evaluation was conducted in a wrongful manner. 717
Section 4. Subsection (17) of section 1002.20, Florida 718
Statutes, is amended to read: 719
1002.20 K-12 student and parent rights. —Parents of public 720
school students must receive accurate and timely information 721
regarding their child's academic progress and must be informed 722
of ways they can help their child to succeed in school. K -12 723
students and their parents are afforded numerous statutory 724
rights including, but not li mited to, the following: 725
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(17) ATHLETICS; PUBLIC HIGH SCHOOL. — 726
(a) Eligibility.—Eligibility requirements for all students 727
participating in high school athletic competition must allow a 728
student to be immediately eligible in the school in which he or 729
she first enrolls each school year, the school in which the 730
student makes himself or herself a candidate for an athletic 731
team by engaging in practice before enrolling, or the school to 732
which the student has transferred, in accordance with s. 733
1006.20(3)(a) s. 1006.20(2)(a). 734
(b) Medical evaluation. —Students must satisfactorily pass 735
a medical evaluation each year before participating in 736
athletics, unless the parent objects in writing based on 737
religious tenets or practices, in accordance with s. 738
1006.20(3)(d) the provisions of s. 1006.20(2)(d) . 739
Section 5. Subsection (8) of section 1002.42, Florida 740
Statutes, is amended to read: 741
1002.42 Private schools. — 742
(8) ATHLETIC COMPETITION. —A private school may participate 743
in athletic competition with a public high sch ool by joining any 744
approved athletic association in accordance with s. 1006.20 the 745
provisions of s. 1006.20(1) . 746
Section 6. Paragraph (a) of subsection (1) and paragraph 747
(a) of subsection (2) of section 1006.165, Florida Statutes, are 748
amended to read: 749
1006.165 Well-being of students participating in 750
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extracurricular activities; training. — 751
(1)(a) Each public school that is a member of any approved 752
athletic association under s. 1006.20 the Florida High School 753
Athletic Association (FHSAA) must have an operational automated 754
external defibrillator on the school grounds. The defibrillator 755
must be available in a clearly marked and publicized location 756
for each athletic contest, practice, workout, or conditioning 757
session, including those conducted outside of th e school year. 758
Public and private partnerships are encouraged to cover the cost 759
associated with the purchase and placement of the defibrillator 760
and training in the use of the defibrillator. 761
(2)(a) In order to better protect student athletes 762
participating in athletics during hot weather and avoid 763
preventable injury or death, each approved athletic association 764
under s. 1006.20 the FHSAA shall: 765
1. Make training and resources available to each member 766
school for the effective monitoring of heat stress. 767
2. Establish guidelines for monitoring heat stress and 768
identify heat stress levels at which a school must make a 769
cooling zone available for each outdoor athletic contest, 770
practice, workout, or conditioning session. Heat stress must be 771
determined by measuring the ambient temperature, humidity, wind 772
speed, sun angle, and cloud cover at the site of the athletic 773
activity. 774
3. Require member schools to monitor heat stress and 775
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modify athletic activities, including suspending or moving 776
activities, based on the heat stress guidelines. 777
4. Establish hydration guidelines, including appropriate 778
introduction of electrolytes after extended activities or when a 779
student participates in multiple activities in a day. 780
5. Establish requirements for cooling zones, including, a t 781
a minimum, the immediate availability of cold -water immersion 782
tubs or equivalent means to rapidly cool internal body 783
temperature when a student exhibits symptoms of exertional heat 784
stroke and the presence of an employee or volunteer trained to 785
implement cold-water immersion. 786
6. Require each school's emergency action plan, as 787
required by the association FHSAA, to include a procedure for 788
onsite cooling using cold -water immersion or equivalent means 789
before a student is transported to a hospital for exertio nal 790
heat stroke. 791
792
The requirements of this paragraph apply year -round. 793
Section 7. Section 1006.18, Florida Statutes, is amended 794
to read: 795
1006.18 Cheerleader safety standards. —Each approved 796
athletic association under s. 1006.20 the Florida High School 797
Athletic Association or successor organization shall adopt 798
statewide uniform safety standards for student cheerleaders and 799
spirit groups that participate in any school activity or 800
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extracurricular student activity , if applicable. Such approved 801
athletic association the Florida High School Athletic 802
Association or successor organization shall adopt the "Official 803
High School Spirit Rules," published by the National Federation 804
of State High School Associations, as the statewide uniform 805
safety standards. 806
Section 8. Paragraph (a) of subsection (1) and subsection 807
(2) of section 1006.195, Florida Statutes, are amended to read: 808
1006.195 District school board, charter school authority 809
and responsibility to establish student eligibility regarding 810
participation in interscholastic and intrascholastic 811
extracurricular activities. —Notwithstanding any provision to the 812
contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 813
eligibility to participate in interscholastic and 814
intrascholastic extracurricular activiti es: 815
(1)(a) A district school board must establish, through its 816
code of student conduct, student eligibility standards and 817
related student disciplinary actions regarding student 818
participation in interscholastic and intrascholastic 819
extracurricular activiti es. The code of student conduct must 820
provide that: 821
1. A student not currently suspended from interscholastic 822
or intrascholastic extracurricular activities, or suspended or 823
expelled from school, pursuant to a district school board's 824
suspension or expulsio n powers provided in law, including ss. 825
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1006.07, 1006.08, and 1006.09, is eligible to participate in 826
interscholastic and intrascholastic extracurricular activities. 827
2. A student may not participate in a sport if the student 828
participated in that same spor t at another school during that 829
school year, unless the student meets the criteria in s. 830
1006.15(3)(h). 831
3. A student's eligibility to participate in any 832
interscholastic or intrascholastic extracurricular activity may 833
not be affected by any alleged recruiting violation until final 834
disposition of the allegation pursuant to s. 1006.20(3)(b) s. 835
1006.20(2)(b). 836
(2)(a) Each approved athletic association the Florida High 837
School Athletic Association (FHSAA) continues to retain 838
jurisdiction over the following provisions in s. 1006.20, which 839
may not be implemented in a manner contrary to this section: 840
membership in the association FHSAA; recruiting prohibitions and 841
violations; student medical evaluations; inve stigations; 842
sanctions for coaches; school eligibility and forfeiture of 843
contests; student concussions or head injuries; the sports 844
medical advisory committee; and the general operational 845
provisions of the association FHSAA. 846
(b) Each approved athletic ass ociation under s. 1006.20 847
the FHSAA must adopt, and prominently publish, the text of this 848
section on its website and in its bylaws, rules, procedures, 849
training and education materials, and all other governing 850
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authority documents by August 1, 2016. 851
Section 9. Paragraph (g) of subsection (2) of section 852
1012.468, Florida Statutes, is amended to read: 853
1012.468 Exceptions to certain fingerprinting and criminal 854
history checks.— 855
(2) A district school board shall exempt from the 856
screening requirements set f orth in ss. 1012.465 and 1012.467 857
the following noninstructional contractors: 858
(g) An investigator for any approved athletic association 859
the Florida High School Athletic Association (FHSAA) who meets 860
the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e). 861
Section 10. Paragraph (o) of subsection (1) of section 862
1012.795, Florida Statutes, is amended to read: 863
1012.795 Education Practices Commission; authority to 864
discipline.— 865
(1) The Education Practices Commission may suspend the 866
educator certificate of any instructional personnel or school 867
administrator, as defined in s. 1012.01(2) or (3), for up to 5 868
years, thereby denying that person the right to teach or 869
otherwise be employed by a district school board or public 870
school in any capacity requiring di rect contact with students 871
for that period of time, after which the person may return to 872
teaching as provided in subsection (4); may revoke the educator 873
certificate of any person, thereby denying that person the right 874
to teach or otherwise be employed by a district school board or 875
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public school in any capacity requiring direct contact with 876
students for up to 10 years, with reinstatement subject to 877
subsection (4); may permanently revoke the educator certificate 878
of any person thereby denying that person the r ight to teach or 879
otherwise be employed by a district school board or public 880
school in any capacity requiring direct contact with students; 881
may suspend a person's educator certificate, upon an order of 882
the court or notice by the Department of Revenue relati ng to the 883
payment of child support; may direct the department to place a 884
certificateholder employed by a public school, charter school, 885
charter school governing board, or private school that 886
participates in a state scholarship program under chapter 1002 887
on the disqualification list maintained by the department 888
pursuant to s. 1001.10(4)(b) for misconduct that would render 889
the person ineligible pursuant to s. 1012.315 or sexual 890
misconduct with a student; or may impose any other penalty 891
provided by law, if the person: 892
(o) Has committed a third recruiting offense as determined 893
by an approved athletic association the Florida High School 894
Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s. 895
1006.20(2)(b). 896
Section 11. Subsections (3) and (7) of section 1012.796, 897
Florida Statutes, are amended to read: 898
1012.796 Complaints against teachers and administrators; 899
procedure; penalties. — 900
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(3) The department staff shall advise the commissioner 901
concerning the findings of the investigation and of all 902
referrals by an approved athletic association the Florida High 903
School Athletic Association (FHSAA) pursuant to ss. 904
1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department 905
general counsel or members of that staff shall review the 906
investigation or the referral and advise the commissioner 907
concerning probable cause or lack thereof. The determination of 908
probable cause shall be made by the commissioner. The 909
commissioner shall provide an opportunity for a conference, if 910
requested, before prior to determining probable ca use. The 911
commissioner may enter into deferred prosecution agreements in 912
lieu of finding probable cause if, in his or her judgment, such 913
agreements are in the best interests of the department, the 914
certificateholder, and the public. Such deferred prosecution 915
agreements shall become effective when filed with the clerk of 916
the Education Practices Commission. However, a deferred 917
prosecution agreement may not be entered into if there is 918
probable cause to believe that a felony or an act of moral 919
turpitude, as defined by rule of the State Board of Education, 920
has occurred, or for referrals by any approved athletic 921
association the FHSAA. Upon finding no probable cause, the 922
commissioner shall dismiss the complaint and may issue a letter 923
of guidance to the certificatehol der. 924
(7) A panel of the commission shall enter a final order 925
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either dismissing the complaint or imposing one or more of the 926
following penalties: 927
(a) Denial of an application for a certificate or for an 928
administrative or supervisory endorsement on a tea ching 929
certificate. The denial may provide that the applicant may not 930
reapply for certification, and that the department may refuse to 931
consider that applicant's application, for a specified period of 932
time or permanently. 933
(b) Revocation or suspension of a certificate. 934
(c) Imposition of an administrative fine not to exceed 935
$2,000 for each count or separate offense. 936
(d) Placement of the teacher, administrator, or supervisor 937
on probation for a period of time and subject to such conditions 938
as the commission may specify, including requiring the certified 939
teacher, administrator, or supervisor to complete additional 940
appropriate college courses or work with another certified 941
educator, with the administrative costs of monitoring the 942
probation assessed to the educ ator placed on probation. An 943
educator who has been placed on probation shall, at a minimum: 944
1. Immediately notify the investigative office in the 945
Department of Education upon employment or separation from 946
employment in any public or private position requ iring a Florida 947
educator's certificate. 948
2. Have his or her immediate supervisor submit annual 949
performance reports to the investigative office in the 950
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Department of Education. 951
3. Pay to the commission within the first 6 months of each 952
probation year the administrative costs of monitoring probation 953
assessed to the educator. 954
4. Violate no law and fully comply with all district 955
school board policies, school rules, and State Board of 956
Education rules. 957
5. Satisfactorily perform his or her assigned duties in a 958
competent, professional manner. 959
6. Bear all costs of complying with the terms of a final 960
order entered by the commission. 961
(e) Restriction of the authorized scope of practice of the 962
teacher, administrator, or supervisor. 963
(f) Reprimand of the teache r, administrator, or supervisor 964
in writing, with a copy to be placed in the certification file 965
of such person. 966
(g) Imposition of an administrative sanction, upon a 967
person whose teaching certificate has expired, for an act or 968
acts committed while that per son possessed a teaching 969
certificate or an expired certificate subject to late renewal, 970
which sanction bars that person from applying for a new 971
certificate for a period of 10 years or less, or permanently. 972
(h) Refer the teacher, administrator, or supervi sor to the 973
recovery network program provided in s. 1012.798 under such 974
terms and conditions as the commission may specify. 975
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(i) Direct the department to place instructional personnel 976
or school administrators on the disqualification list maintained 977
by the department pursuant to s. 1001.10(4)(b) for conduct that 978
would render the person ineligible pursuant to s. 1012.315 or 979
sexual misconduct with a student. 980
981
The penalties imposed under this subsection are in addition to, 982
and not in lieu of, the penalties requ ired for a third 983
recruiting offense pursuant to s. 1006.20(3)(b) s. 984
1006.20(2)(b). 985
Section 12. This act shall take effect July 1, 2022. 986