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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
authorizing certain sports medicine advisory 19
committees to establish specified definitions related 20
to concussions; authorizing certain appr oved athletic 21
associations to establish sports medicine advisory 22
committees that meet certain membership requirements; 23
amending s. 1006.15, F.S.; authorizing home education 24
students, Florida Virtual School students, and private 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
school students to participa te in interscholastic and 26
intrascholastic activities at certain schools; 27
revising the requirements for such students to 28
participate in such activities; providing for the 29
continued participation in such activities by certain 30
students who transfer from a pub lic school; conforming 31
cross-references and provisions to changes made by the 32
act; creating s. 1006.185, F.S.; requiring certain 33
athletic associations to adopt bylaws, policies, or 34
procedures allowing opening remarks at specified 35
events; providing requirem ents for such remarks; 36
requiring certain announcements before such remarks; 37
providing that opening remarks at specified events are 38
at the discretion of each school; amending ss. 39
768.135, 1002.20, 1002.42, 1006.165, 1006.18, 40
1006.195, 1012.468, 1012.795, an d 1012.796, F.S.; 41
conforming cross-references and provisions to changes 42
made by the act; providing an effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsections (2) through (8) of section 1006.20, 47
Florida Statutes, are renumbered as subsections (3) through (9), 48
respectively, and present subsections (1), (2), (4), (5), (7), 49
and (8) of that section are amended to read: 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
1006.20 Athletics in public K -12 schools.— 51
(1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION 52
ORGANIZATION.—The Florida High School Athletic Association 53
(FHSAA) is designated as the governing nonprofit athletic 54
association organization of athletics in Florida public schools. 55
If the FHSAA fails to meet the provisions of this section, The 56
commissioner, with the approval of the State Board of Education, 57
may approve other shall designate a nonprofit athletic 58
associations. As used in this section, the term "approved 59
athletic association" means the FHSAA and other nonprofit 60
athletic associations approved by the commissioner and 61
organization to govern athletics with the approval of the State 62
Board of Education. Each nonprofit athletic association subject 63
to the requirements of this section shall operate under a 64
contract with the State Board of Education. Befo re entering into 65
a contract with an association, the State Board of Education 66
shall annually review, at a minimum, the bylaws, policies, and 67
dues and fees of the association for compliance with subpart D. 68
of this part. Any approved athletic association The FHSAA is not 69
a state agency as defined in s. 120.52 but is. The FHSAA shall 70
be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19 . 71
(2) MEMBERSHIP.—A private school that wishes to engage in 72
high school athletic competition with a public high sch ool may 73
become a member of the FHSAA. Any high school in the state, 74
including private schools, traditional public schools, charter 75
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schools, virtual schools, and home education cooperatives, may 76
become a member of any approved athletic association. However, a 77
public school may not maintain membership in or pay dues or fees 78
to any athletic association that is not operated under a 79
contract with the State Board of Education the FHSAA and 80
participate in the activities of the FHSAA . However, Membership 81
in an association the FHSAA is not mandatory for any school. 82
Approved athletic associations The FHSAA must allow any a 83
private school or cooperative the option of maintaining full 84
membership in the association or joining by sport and may not 85
discourage any a private school or cooperative from 86
simultaneously maintaining membership in another approved 87
athletic association. Approved athletic associations The FHSAA 88
may allow a public school the option to apply for consideration 89
to join another athletic association. the F HSAA may not deny or 90
discourage interscholastic competition between its member 91
schools and nonmember non-FHSAA member Florida schools, 92
including members of another approved athletic association 93
governing organization , and may not take any retributory or 94
discriminatory action against any of its member schools that 95
participate in interscholastic competition with nonmember non-96
FHSAA member Florida schools. The FHSAA may not unreasonably 97
withhold its approval of an application to become an affiliate 98
member of the National Federation of State High School 99
Associations submitted by any other approved athletic 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
association organization that governs interscholastic athletic 101
competition in this state. The bylaws of each approved athletic 102
association the FHSAA are the rules by which high school 103
athletic programs in its member schools, and the students who 104
participate in them, are governed, unless otherwise specifically 105
provided by statute. For the purposes of this section, the term 106
"high school" includes grades 6 through 12. 107
(3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES. — 108
(a) Each approved athletic association the FHSAA shall 109
adopt bylaws that, unless specifically provided by statute, 110
establish eligibility requirements for all students who 111
participate in high school athletic competition in its member 112
schools. The bylaws governing residence and transfer shall allow 113
the student to be immediately eligible in the school in which he 114
or she first enrolls each school year or the school in which the 115
student makes himself or herself a candidate for an athletic 116
team by engaging in a practice before prior to enrolling in the 117
school. The bylaws shall also allow the student to be 118
immediately eligible in the school to which the student has 119
transferred. The student shall be eligible in that school so 120
long as he or she remains enrolled in that school. Subsequent 121
eligibility shall be determined and enforced through the 122
association's FHSAA's bylaws. Requirements governing eligibility 123
and transfer between member schools shall be applied similarly 124
to public school students and private school students. 125
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(b) Each approved athletic association the FHSAA shall 126
adopt bylaws that specifically prohibit the recruiting o f 127
students for athletic purposes. The bylaws shall prescribe 128
penalties and an appeals process for athletic recruiting 129
violations. 130
1. If it is determined that a school has recruited a 131
student in violation of association FHSAA bylaws, the 132
association FHSAA may require the school to participate in a 133
higher classification for the sport in which the recruited 134
student competes for a minimum of one classification cycle, in 135
addition to the penalties in subparagraphs 2. and 3. and any 136
other appropriate fine or san ction imposed on the school, its 137
coaches, or adult representatives who violate recruiting rules. 138
2. Any recruitment by a school district employee or 139
contractor in violation of association FHSAA bylaws results in 140
escalating punishments as follows: 141
a. For a first offense, a $5,000 forfeiture of pay for the 142
school district employee or contractor who committed the 143
violation. 144
b. For a second offense, suspension without pay for 12 145
months from coaching, directing, or advertising an 146
extracurricular activity a nd a $5,000 forfeiture of pay for the 147
school district employee or contractor who committed the 148
violation. 149
c. For a third offense, a $5,000 forfeiture of pay for the 150
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school district employee or contractor who committed the 151
violation. If the individual who committed the violation holds 152
an educator certificate, the association FHSAA shall also refer 153
the violation to the department for review pursuant to s. 154
1012.796 to determine whether probable cause exists, and, if 155
there is a finding of probable cause, the commissioner shall 156
file a formal complaint against the individual. If the complaint 157
is upheld, the individual's educator certificate shall be 158
revoked for 3 years, in addition to any penalties available 159
under s. 1012.796. Additionally, the department shall revoke any 160
adjunct teaching certificates issued pursuant to s. 1012.57 and 161
all permissions under ss. 1012.39 and 1012.43, and the educator 162
is ineligible for such certificates or permissions for a period 163
of time equal to the period of revocation of his or h er state-164
issued certificate. 165
3. Notwithstanding any other provision of law, a school, 166
team, or activity shall forfeit all competitions, including 167
honors resulting from such competitions, in which a student who 168
participated in any fashion was recruited in a manner prohibited 169
pursuant to state law or the association FHSAA bylaws. 170
4. A student may not be declared ineligible based on 171
violation of recruiting rules unless the student or parent has 172
falsified any enrollment or eligibility document or accepted any 173
benefit if such benefit is not generally available to the 174
school's students or family members or is based in any way on 175
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athletic interest, potential, or performance. 176
5. A student's eligibility to participate in any 177
interscholastic or intrascholastic extracurricular activity, as 178
determined by a district school board pursuant to s. 179
1006.195(1)(a)3., may not be affected by any alleged recruiting 180
violation until final disposition of the allegation. 181
(c) Each approved athletic association the FHSAA shall 182
adopt bylaws that require all students participating in 183
interscholastic athlet ic competition or who are candidates for 184
an interscholastic athletic team to satisfactorily pass a 185
medical evaluation each year before participating in 186
interscholastic athletic competition or engaging in any 187
practice, tryout, workout, conditioning, or othe r physical 188
activity associated with the student's candidacy for an 189
interscholastic athletic team, including activities that occur 190
outside of the school year. Such medical evaluation may be 191
administered only by a practitioner licensed under chapter 458, 192
chapter 459, chapter 460, or s. 464.012 or registered under s. 193
464.0123 and in good standing with the practitioner's regulatory 194
board. The bylaws shall establish requirements for eliciting a 195
student's medical history and performing the medical evaluation 196
required under this paragraph, which shall include a physical 197
assessment of the student's physical capabilities to participate 198
in interscholastic athletic competition as contained in a 199
uniform preparticipation physical evaluation and history form. 200
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The evaluation form shall incorporate the recommendations of the 201
American Heart Association for participation cardiovascular 202
screening and shall provide a place for the signature of the 203
practitioner performing the evaluation with an attestation that 204
each examination procedure listed on the form was performed by 205
the practitioner or by someone under the direct supervision of 206
the practitioner. The form shall also contain a place for the 207
practitioner to indicate if a referral to another practitioner 208
was made in lieu of com pletion of a certain examination 209
procedure. The form shall provide a place for the practitioner 210
to whom the student was referred to complete the remaining 211
sections and attest to that portion of the examination. The 212
preparticipation physical evaluation form shall advise students 213
to complete a cardiovascular assessment and shall include 214
information concerning alternative cardiovascular evaluation and 215
diagnostic tests. Results of such medical evaluation must be 216
provided to the school. A student is not eligible to 217
participate, as provided in s. 1006.15(3), in any 218
interscholastic athletic competition or engage in any practice, 219
tryout, workout, or other physical activity associated with the 220
student's candidacy for an interscholastic athletic team until 221
the results of the medical evaluation have been received and 222
approved by the school. 223
(d) Notwithstanding the provisions of paragraph (c), a 224
student may participate in interscholastic athletic competition 225
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or be a candidate for an interscholastic athletic team if the 226
parent of the student objects in writing to the student 227
undergoing a medical evaluation because such evaluation is 228
contrary to his or her religious tenets or practices. However, 229
in such case, there shall be no liability on the part of any 230
person or entity in a position to otherwise rely on the results 231
of such medical evaluation for any damages resulting from the 232
student's injury or death arising directly from the student's 233
participation in interscholastic athletics where an undisclosed 234
medical condition th at would have been revealed in the medical 235
evaluation is a proximate cause of the injury or death. 236
(e) Each approved athletic association the FHSAA shall 237
adopt bylaws that regulate persons who conduct investigations on 238
behalf of the association FHSAA. The bylaws shall include 239
provisions that require an investigator to: 240
1. Undergo level 2 background screening under s. 435.04, 241
establishing that the investigator has not committed any 242
disqualifying offense listed in s. 435.04, unless the 243
investigator can provide proof of compliance with level 2 244
screening standards submitted within the previous 5 years to 245
meet any professional licensure requirements, provided: 246
a. The investigator has not had a break in service from a 247
position that requires level 2 screening for more than 90 days; 248
and 249
b. The investigator submits, under penalty of perjury, an 250
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affidavit verifying that the investigator has not committed any 251
disqualifying offense listed in s. 435.04 and is in full 252
compliance with this paragraph. 253
2. Be appointed as an investigator by the executive 254
director. 255
3. Carry a photo identification card that shows the 256
association's FHSAA name and, logo, and the investigator's 257
official title. 258
4. Adhere to the following guidelines: 259
a. Investigate only those alleged v iolations assigned by 260
the executive director or the board of directors. 261
b. Conduct interviews on Monday through Friday between the 262
hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 263
the interviewee. 264
c. Allow the parent of any student being interviewed to be 265
present during the interview. 266
d. Search residences or other private areas only with the 267
permission of the executive director and the written consent of 268
the student's parent and only with a parent or a representative 269
of the parent present. 270
(f) Each approved athletic association the FHSAA shall 271
adopt bylaws that establish sanctions for coaches who have 272
committed major violations of the association's FHSAA's bylaws 273
and policies. 274
1. Major violations include, but are not limited to, 275
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knowingly allowing an ineligible student to participate in a 276
contest representing a member school in an interscholastic 277
contest or committing a violation of the association's FHSAA's 278
recruiting or sportsmanship policies. 279
2. Sanctions placed upon an individua l coach may include, 280
but are not limited to, prohibiting or suspending the coach from 281
coaching, participating in, or attending any athletic activity 282
sponsored, recognized, or sanctioned by the association FHSAA 283
and the member school for which the coach com mitted the 284
violation. If a coach is sanctioned by the association FHSAA and 285
the coach transfers to another member school, those sanctions 286
remain in full force and effect during the term of the sanction. 287
3. If a member school is assessed a financial penalty as a 288
result of a coach committing a major violation, the coach shall 289
reimburse the member school before being allowed to coach, 290
participate in, or attend any athletic activity sponsored, 291
recognized, or sanctioned by the association FHSAA and a member 292
school. 293
4. The association FHSAA shall establish a due process 294
procedure for coaches sanctioned under this paragraph, 295
consistent with the appeals procedures set forth in subsection 296
(8) (7). 297
(g) Each approved athletic association the FHSAA shall 298
adopt bylaws establishing the process and standards by which the 299
association's FHSAA determinations of eligibility are made. Such 300
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bylaws shall provide that: 301
1. Ineligibility must be established by a preponderanc e of 302
the evidence; 303
2. Student athletes, parents, and schools must have notice 304
of the initiation of any investigation or other inquiry into 305
eligibility and may present, to the investigator and to the 306
individual making the eligibility determination, any in formation 307
or evidence that is credible, persuasive, and of a kind 308
reasonably prudent persons rely upon in the conduct of serious 309
affairs; 310
3. An investigator may not determine matters of 311
eligibility but must submit information and evidence to the 312
executive director or a person designated by the executive 313
director or by the board of directors for an unbiased and 314
objective determination of eligibility; and 315
4. A determination of ineligibility must be made in 316
writing, setting forth the findings of fact and s pecific 317
violation upon which the decision is based. 318
(h) In lieu of bylaws adopted under paragraph (g), an 319
approved athletic association the FHSAA may adopt bylaws 320
providing as a minimum the procedural safeguards of ss. 120.569 321
and 120.57, making appropri ate provision for appointment of 322
unbiased and qualified hearing officers. 323
(i) An approved athletic association's the FHSAA bylaws 324
may not limit the competition of student athletes prospectively 325
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for rule violations of their school or its coaches or their 326
adult representatives. The association FHSAA bylaws may not 327
unfairly punish student athletes for eligibility or recruiting 328
violations perpetrated by a teammate, coach, or administrator. 329
Contests may not be forfeited for inadvertent eligibility 330
violations unless the coach or a school administrator should 331
have known of the violation. Contests may not be forfeited for 332
other eligibility violations or recruiting violations in excess 333
of the number of contests that the coaches and adult 334
representatives responsible for the violations are prospectively 335
suspended. 336
(j) Each approved athletic association the FHSAA shall 337
adopt guidelines to educate athletic coaches, officials, 338
administrators, and student athletes and their parents of the 339
nature and risk of concussion a nd head injury. 340
(k) Each approved athletic association the FHSAA shall 341
adopt bylaws or policies that require the parent of a student 342
who is participating in interscholastic athletic competition or 343
who is a candidate for an interscholastic athletic team t o sign 344
and return an informed consent that explains the nature and risk 345
of concussion and head injury, including the risk of continuing 346
to play after concussion or head injury, each year before 347
participating in interscholastic athletic competition or 348
engaging in any practice, tryout, workout, or other physical 349
activity associated with the student's candidacy for an 350
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interscholastic athletic team. 351
(l) Each approved athletic association the FHSAA shall 352
adopt bylaws or policies that require each student athlete who 353
is suspected of sustaining a concussion or head injury in a 354
practice or competition to be immediately removed from the 355
activity. A student athlete who has been removed from an 356
activity may not return to practice or competition until the 357
student submits to the school a written medical clearance to 358
return stating that the student athlete no longer exhibits 359
signs, symptoms, or behaviors consistent with a concussion or 360
other head injury. Medi cal clearance must be authorized by the 361
appropriate health care practitioner trained in the diagnosis, 362
evaluation, and management of concussions as defined by a the 363
sports medicine advisory committee established pursuant to 364
paragraph (m) of the Florida High School Athletic Association . 365
(m)1. The FHSAA shall adopt bylaws for the establishment 366
and duties of a sports medicine advisory committee composed of 367
the following members: 368
a.1. Eight physicians licensed under chapter 458 or 369
chapter 459 with at least one member licensed under chapter 459. 370
b.2. One chiropractor licensed under chapter 460. 371
c.3. One podiatrist licensed under chapter 461. 372
d.4. One dentist licensed under chapter 466. 373
e.5. Three athletic trainers licensed under part XIII of 374
chapter 468. 375
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f.6. One member who is a current or retired head coach of 376
a high school in the state. 377
2. An approved athletic association that does not rely on 378
the recommendations of the sports medicine advisory committee of 379
the FHSAA shall establish a sports medi cine advisory committee 380
whose membership satisfies the requirements of subparagraph 1. 381
(5)(4) FHSAA BOARD OF DIRECTORS.— 382
(a) The executive authority of the FHSAA shall be vested 383
in its board of directors. Any entity that appoints members to 384
the board of directors shall examine the ethnic and demographic 385
composition of the board when selecting candidates for 386
appointment and shall, to the greatest extent possible, make 387
appointments that reflect state demographic and population 388
trends. The board of directo rs shall be composed of 16 persons, 389
as follows: 390
1. Four public member school representatives, one elected 391
from among its public school representative members within each 392
of the four administrative regions. 393
2. Four nonpublic member school representative s, one 394
elected from among its nonpublic school representative members 395
within each of the four administrative regions. 396
3. Three representatives appointed by the commissioner, 397
one appointed from the two northernmost administrative regions 398
and one appointed from the two southernmost administrative 399
regions. The third representative shall be appointed to balance 400
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the board for diversity or state population trends, or both. 401
4. Two district school superintendents, one elected from 402
the two northernmost administr ative regions by the members in 403
those regions and one elected from the two southernmost 404
administrative regions by the members in those regions. 405
5. Two district school board members, one elected from the 406
two northernmost administrative regions by the memb ers in those 407
regions and one elected from the two southernmost administrative 408
regions by the members in those regions. 409
6. The commissioner or his or her designee from the 410
department executive staff. 411
(b) A quorum of the board of directors shall consist of 412
nine members. 413
(c) The board of directors shall elect a president and a 414
vice president from among its members. These officers shall also 415
serve as officers of the FHSAA. 416
(d) Members of the board of directors shall serve terms of 417
3 years and are eligib le to succeed themselves only once. A 418
member of the board of directors, other than the commissioner or 419
his or her designee, may serve a maximum of 6 consecutive years. 420
The FHSAA's bylaws shall establish a rotation of terms to ensure 421
that a majority of the members' terms do not expire 422
concurrently. 423
(e) The authority and duties of the board of directors, 424
acting as a body and in accordance with the FHSAA's bylaws, are 425
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as follows: 426
1. To act as the incorporated FHSAA's board of directors 427
and to fulfill its o bligations as required by the FHSAA's 428
charter and articles of incorporation. 429
2. To establish such guidelines, regulations, policies, 430
and procedures as are authorized by the bylaws. 431
3. To employ an FHSAA executive director, who shall have 432
the authority to waive the bylaws of the FHSAA in order to 433
comply with statutory changes. 434
4. To levy annual dues and other fees and to set the 435
percentage of contest receipts to be collected by the FHSAA. 436
5. To approve the budget of the FHSAA. 437
6. To organize and co nduct statewide interscholastic 438
competitions, which may or may not lead to state championships, 439
and to establish the terms and conditions for these 440
competitions. 441
7. To act as an administrative board in the interpretation 442
of, and final decision on, all qu estions and appeals arising 443
from the directing of interscholastic athletics of member 444
schools. 445
(6)(5) FHSAA REPRESENTATIVE ASSEMBLY. — 446
(a) The legislative authority of the FHSAA is vested in 447
its representative assembly. 448
(b) The representative assembly shall be composed of the 449
following: 450
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1. An equal number of member school representatives from 451
each of the four administrative regions. 452
2. Four district school superintendents, one elected from 453
each of the four administrative regions by the district sch ool 454
superintendents in their respective administrative regions. 455
3. Four district school board members, one elected from 456
each of the four administrative regions by the district school 457
board members in their respective administrative regions. 458
4. The commissioner or his or her designee from the 459
department executive staff. 460
(c) The FHSAA's bylaws shall establish the number of 461
member school representatives to serve in the representative 462
assembly from each of the four administrative regions and shall 463
establish the method for their selection. 464
(d) No member of the board of directors other than the 465
commissioner or his or her designee can serve in the 466
representative assembly. 467
(e) The representative assembly shall elect a chairperson 468
and a vice chairperson fro m among its members. 469
(f) Elected members of the representative assembly shall 470
serve terms of 2 years and are eligible to succeed themselves 471
for two additional terms. An elected member, other than the 472
commissioner or his or her designee, may serve a maxim um of 6 473
consecutive years in the representative assembly. 474
(g) A quorum of the representative assembly consists of 475
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one more than half of its members. 476
(h) The authority of the representative assembly is 477
limited to its sole duty, which is to consider, ado pt, or reject 478
any proposed amendments to the FHSAA's bylaws. 479
(i) The representative assembly shall meet as a body 480
annually. A two-thirds majority of the votes cast by members 481
present is required for passage of any proposal. 482
(8)(7) APPEALS.— 483
(a) Each approved athletic association the FHSAA shall 484
establish a procedure of due process which ensures each student 485
the opportunity to appeal an unfavorable ruling with regard to 486
his or her eligibility to compete. The initial appeal shall be 487
made to a committee on appeals within the administrative region 488
in which the student lives. The approved athletic association's 489
FHSAA's bylaws shall establish the number, size, and composition 490
of each committee on appeals. 491
(b) No member of the board of directors is eligible to 492
serve on a committee on appeals. 493
(c) Members of a committee on appeals shall serve terms of 494
3 years and are eligible to succeed themselves only once. A 495
member of a committee on appeals may serve a maximum of 6 496
consecutive years. The approved athletic association's FHSAA's 497
bylaws shall establish a rotation of terms to ensure that a 498
majority of the members' terms do not expire concurrently. 499
(d) The authority and duties of a committee on appeals 500
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shall be to consider requests by member schools seeking 501
exceptions to bylaws and regulations, to hear undue hardship 502
eligibility cases filed by member schools on behalf of student 503
athletes, and to hear appeals filed by member schools or student 504
athletes. 505
(e) A student athlete or member school that receives an 506
unfavorable ruling from a committee on appeals shall be entitled 507
to appeal that decision to the board of directors at its next 508
regularly scheduled meeting or called meeting. The board of 509
directors shall have the authority to uphold, reverse, or amend 510
the decision of the committee on appeals. In all such cases, the 511
decision of the board of directors shall be final. 512
(f) The approved athletic association FHSAA shall expedite 513
the appeals process on determinations of ineligibility so that 514
disposition of the ap peal can be made before the end of the 515
applicable sports season, if possible. 516
(g) In any appeal from a decision on eligibility made by 517
the executive director or a designee, a school or student 518
athlete filing the appeal must be permitted to present 519
information and evidence that was not available at the time of 520
the initial determination or if the determination was not made 521
by an unbiased, objective individual using a process allowing 522
full due process rights to be heard and to present evidence. If 523
evidence is presented on appeal, a de novo decision must be made 524
by the committee or board hearing the appeal, or the 525
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determination may be suspended and the matter remanded for a new 526
determination based on all the evidence. If a de novo decision 527
is made on appeal, t he decision must be made in writing, setting 528
forth the findings of fact and specific violation upon which the 529
decision is based. If a de novo decision is not required, the 530
decision appealed must be set aside if the decision on 531
ineligibility was not based o n clear and convincing evidence. 532
Any further appeal shall be considered on a record that includes 533
all evidence presented. 534
(9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school 535
representative, the board of directors acting as a whole or as 536
members acting individually, any advisory committee acting as a 537
whole to be established by the FHSAA, and the FHSAA's executive 538
director are empowered to propose amendments to the bylaws. Any 539
other individual may propose an amendment by securing the 540
sponsorship of any of the aforementioned individuals or bodies. 541
All proposed amendments must be submitted directly to the 542
representative assembly for its consideration. The 543
representative assembly, while empowered to adopt, reject, or 544
revise proposed amendments, may not, in and of itself, as a body 545
be allowed to propose any amendment for its own consideration. 546
Section 2. Paragraphs (c) and (e) of subsection (3), 547
subsection (8), and paragraph (a) of subsection (9) of section 548
1006.15, Florida Statutes, are amended, and subsect ion (10) is 549
added to that section, to read: 550
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1006.15 Student standards for participation in 551
interscholastic and intrascholastic extracurricular student 552
activities; regulation. — 553
(3)(c) An individual home education student is eligible to 554
participate at any the public school in the school district in 555
which the student resides to which the student would be assigned 556
according to district school board attendance area policies or 557
which the student could choose to attend pursuant to s. 1002.31, 558
or may develop an agreement to participate at a private school, 559
in the interscholastic extracurricular activities of that 560
school, provided the following conditions are met: 561
1. The home education student must meet the requirements 562
of the home education program pursuant to s. 1002.41. 563
2. During the period of participation at a school, the 564
home education student must demonstrate educational progress as 565
required in paragraph (b) in all subjects taken in the home 566
education program by a method of evaluation agreed upon by the 567
parent and the school principal which may include: review of the 568
student's work by a certified teacher chosen by the parent; 569
grades earned through correspondence; grades earned in courses 570
taken at a Florida College System institution, university, or 571
trade school; standardized test scores above the 35th 572
percentile; or any other method designated in s. 1002.41. 573
3. The home education student must meet the same residency 574
requirements as other students in the school at which he or she 575
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participates. 576
4. The home education student must meet the same standards 577
of acceptance, behavior, and performance as required of other 578
students in extracurricular activities. 579
5. The student must register with the school his or her 580
intent to participate in interscholastic extracurricular 581
activities as a representative of the school before 582
participation. A home education student must be able to 583
participate in curricular activities if that is a requirement 584
for an extracurricular activity. 585
6. A student who transfers from a h ome education program 586
to a public school before or during the first grading period of 587
the school year is academically eligible to participate in 588
interscholastic extracurricular activities during the first 589
grading period provided the student has a successfu l evaluation 590
from the previous school year, pursuant to subparagraph 2. 591
7. Any public school or private school student who has 592
been unable to maintain academic eligibility for participation 593
in interscholastic extracurricular activities is ineligible to 594
participate in such activities as a home education student until 595
the student has successfully completed one grading period in 596
home education pursuant to subparagraph 2. to become eligible to 597
participate as a home education student. 598
8. The roster for the s pecific interscholastic activity in 599
which the home education student would like to participate has 600
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not reached the activity's identified maximum size and the coach 601
or sponsor for the activity determines that the home education 602
student has the requisite ski ll and ability to participate. 603
(e) A student of the Florida Virtual School full -time 604
program may participate in any interscholastic extracurricular 605
activity at any the public school in the school district in 606
which the student resides to which the student would be assigned 607
according to district school board attendance area policies or 608
which the student could choose to attend pursuant to s. 1002.31 609
if the student: 610
1. During the period of participation in the 611
interscholastic extracurricular activity, the student meets the 612
requirements in paragraph (a). 613
2. The student meets any additional requirements as 614
determined by the board of trustees of the Florida Virtual 615
School. 616
3. The student meets the same residency requirements as 617
other students in the school at which he or she participates. 618
4. The student meets the same standards of acceptance, 619
behavior, and performance that are required of other students in 620
extracurricular activities. 621
5. The student registers his or her intent to participate 622
in interscholastic extracurricular activities with the school 623
before participation. A Florida Virtual school student must be 624
able to participate in curricular activities if that is a 625
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requirement for an extracurricular activity. 626
6. The roster for the specific intersch olastic activity in 627
which the student would like to participate has not reached the 628
activity's identified maximum size and the coach or sponsor for 629
the activity determines that the student has the requisite skill 630
and ability to participate. 631
(8)(a) Each approved athletic association under s. 1006.20 632
the Florida High School Athletic Association (FHSAA) , in 633
cooperation with each district school board and member private 634
school, shall facilitate a program in which a middle school or 635
high school student who att ends a private school shall be 636
eligible to participate in an interscholastic or intrascholastic 637
sport at a member public high school, a member public middle 638
school, or a member 6-12 public school, or a member private 639
school, as appropriate for the private school student's grade 640
level to which the student would be assigned according to 641
district school board attendance area policies and procedures or 642
which the student could choose to attend pursuant to s. 1002.31, 643
provided the public school has not reached ca pacity as 644
determined by the district school board , if: 645
1. The private school in which the student is enrolled is 646
not a member of the association FHSAA. 647
2. The private school student meets the guidelines for the 648
conduct of the program established by the association's FHSAA's 649
board of directors and the district school board or member 650
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private school. At a minimum, such guidelines shall provide : 651
a. a deadline for each sport by which the private school 652
student's parents must register with the member public school in 653
writing their intent for their child to participate at that 654
school in the sport. 655
3. The roster for the specific interscholastic or 656
intrascholastic sport in which the private school student would 657
like to participate has not reached the sport's identified 658
maximum size and the coach for the sport determines that the 659
private school student has the requisite skill and ability to 660
participate. 661
b. Requirements for a private school student to 662
participate, including, but not limited to, meeting the sam e 663
standards of eligibility, acceptance, behavior, educational 664
progress, and performance which apply to other students 665
participating in interscholastic or intrascholastic sports at a 666
public school or FHSAA member private school. 667
(b) The parents of a priva te school student participating 668
in a member public school sport under this subsection are 669
responsible for transporting their child to and from the member 670
public school at which the student participates. The private 671
school the student attends, the member public school at which 672
the student participates in a sport, the district school board, 673
and the association FHSAA are exempt from civil liability 674
arising from any injury that occurs to the student during such 675
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transportation. 676
(c) For each academic year, a pr ivate school student may 677
only participate at the member public school in which the 678
student is first registered under subparagraph (a)2. sub-679
subparagraph (a)2.a. or makes himself or herself a candidate for 680
an athletic team by engaging in a practice. 681
(d) The athletic director of each participating 682
association FHSAA member public school shall maintain the 683
student records necessary for eligibility, compliance, and 684
participation in the program. 685
(e) Any nonmember non-FHSAA member private school that has 686
a student who wishes to participate in this program must make 687
all student records, including, but not limited to, academic, 688
financial, disciplinary, and attendance records, available upon 689
request of the association FHSAA. 690
(f) A student must apply to participa te in this program 691
through the association's FHSAA program application process. 692
(g) Only students who are enrolled in non-FHSAA member 693
private schools consisting of 125 students or fewer are eligible 694
to participate in the program in any given academic ye ar. 695
(9)(a) A student who transfers to a school during the 696
school year may seek to immediately join an existing team if the 697
roster for the specific interscholastic or intrascholastic 698
extracurricular activity has not reached the activity's 699
identified maximum size and if the coach for the activity 700
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determines that the student has the requisite skill and ability 701
to participate. The approved athletic association under s. 702
1006.20 FHSAA and school district or charter school may not 703
declare such a student ineligib le because the student did not 704
have the opportunity to comply with qualifying requirements. 705
(10) A student who is participating in an interscholastic 706
or intrascholastic activity at a public school and who transfers 707
from the school during the school year must be permitted to 708
continue to participate in the activity at the school from which 709
he or she transferred for the remainder of the school year if: 710
(a) During the period of participation in the activity, 711
the student continues to meet the requirements in paragraph 712
(3)(a). 713
(b) The student continues to meet the same standards of 714
acceptance, behavior, and performance that are required of other 715
students participating in the activity, except for enrollment 716
requirements at the school at which the student part icipates. 717
(c) The parents of the student participating in the 718
activity provide for the transportation of the student to and 719
from the school at which the student participates. The school 720
the student attends, the school at which the student 721
participates in the activity, and the district school board are 722
exempt from civil liability arising from any injury that occurs 723
to the student during such transportation. 724
Section 3. Section 1006.185, Florida Statutes, is created 725
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to read: 726
1006.185 Opening remarks at high school athletic 727
contests.—Each approved athletic association under s. 1006.20 728
whose membership includes public schools shall adopt bylaws, 729
policies, or procedures that provide each school participating 730
in a high school championship contest, or series of contests, 731
under the direction and supervision of the association, the 732
opportunity to make brief opening remarks, if requested by the 733
school, using the public address system at the event. Such 734
remarks may not be longer than 2 minutes per school. The 735
athletic association may not control, monitor, or review the 736
content of the opening remarks and may not control the school's 737
choice of speaker. Before the opening remarks, an announcement 738
must be made that the content of any opening remarks by a 739
participating school are not endorsed by and do not reflect the 740
views and opinions of the athletic association. The decision to 741
allow opening remarks before regular season contests is at the 742
discretion of each school. 743
Section 4. Subsection (3) of section 768.135, F lorida 744
Statutes, is amended to read: 745
768.135 Volunteer team physicians; immunity. — 746
(3) A practitioner licensed under chapter 458, chapter 747
459, chapter 460, or s. 464.012 or registered under s. 464.0123 748
who gratuitously and in good faith conducts an eva luation 749
pursuant to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for 750
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any civil damages arising from that evaluation unless the 751
evaluation was conducted in a wrongful manner. 752
Section 5. Subsection (17) of section 1002.20, Florida 753
Statutes, is amended to read: 754
1002.20 K-12 student and parent rights. —Parents of public 755
school students must receive accurate and timely information 756
regarding their child's academic progress and must be informed 757
of ways they can help their child to succeed in school. K -12 758
students and their parents are afforded numerous statutory 759
rights including, but not limited to, the following: 760
(17) ATHLETICS; PUBLIC HIGH SCHOOL. — 761
(a) Eligibility.—Eligibility requirements for all students 762
participating in high school athletic competi tion must allow a 763
student to be immediately eligible in the school in which he or 764
she first enrolls each school year, the school in which the 765
student makes himself or herself a candidate for an athletic 766
team by engaging in practice before enrolling, or the school to 767
which the student has transferred, in accordance with s. 768
1006.20(3)(a) s. 1006.20(2)(a). 769
(b) Medical evaluation. —Students must satisfactorily pass 770
a medical evaluation each year before participating in 771
athletics, unless the parent objects in w riting based on 772
religious tenets or practices, in accordance with s. 773
1006.20(3)(d) the provisions of s. 1006.20(2)(d) . 774
Section 6. Subsection (8) of section 1002.42, Florida 775
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Statutes, is amended to read: 776
1002.42 Private schools. — 777
(8) ATHLETIC COMPET ITION.—A private school may participate 778
in athletic competition with a public high school by joining any 779
approved athletic association in accordance with s. 1006.20 the 780
provisions of s. 1006.20(1) . 781
Section 7. Paragraph (a) of subsection (1) and paragraph 782
(a) of subsection (2) of section 1006.165, Florida Statutes, are 783
amended to read: 784
1006.165 Well-being of students participating in 785
extracurricular activities; training. — 786
(1)(a) Each public school that is a member of any approved 787
athletic association under s. 1006.20 the Florida High School 788
Athletic Association (FHSAA) must have an operational automated 789
external defibrillator on the school grounds. The defibrillator 790
must be available in a clearly marked and publicized location 791
for each athletic contest, practice, workout, or conditioning 792
session, including those conducted outside of the school year. 793
Public and private partnerships are encouraged to cover the cost 794
associated with the purchase and placement of the defibrillator 795
and training in the use of the defibrillator. 796
(2)(a) In order to better protect student athletes 797
participating in athletics during hot weather and avoid 798
preventable injury or death, each approved athletic association 799
under s. 1006.20 the FHSAA shall: 800
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1. Make training and resources available to each member 801
school for the effective monitoring of heat stress. 802
2. Establish guidelines for monitoring heat stress and 803
identify heat stress levels at which a school must make a 804
cooling zone available for each outdoor athletic cont est, 805
practice, workout, or conditioning session. Heat stress must be 806
determined by measuring the ambient temperature, humidity, wind 807
speed, sun angle, and cloud cover at the site of the athletic 808
activity. 809
3. Require member schools to monitor heat stress and 810
modify athletic activities, including suspending or moving 811
activities, based on the heat stress guidelines. 812
4. Establish hydration guidelines, including appropriate 813
introduction of electrolytes after extended activities or when a 814
student participates in multiple activities in a day. 815
5. Establish requirements for cooling zones, including, at 816
a minimum, the immediate availability of cold -water immersion 817
tubs or equivalent means to rapidly cool internal body 818
temperature when a student exhibits symptoms of exertional heat 819
stroke and the presence of an employee or volunteer trained to 820
implement cold-water immersion. 821
6. Require each school's emergency action plan, as 822
required by the association FHSAA, to include a procedure for 823
onsite cooling using cold -water immersion or equivalent means 824
before a student is transported to a hospital for exertional 825
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heat stroke. 826
827
The requirements of this paragraph apply year -round. 828
Section 8. Section 1006.18, Florida Statutes, is amended 829
to read: 830
1006.18 Cheerleader safety standards.—Each approved 831
athletic association under s. 1006.20 the Florida High School 832
Athletic Association or successor organization shall adopt 833
statewide uniform safety standards for student cheerleaders and 834
spirit groups that participate in any s chool activity or 835
extracurricular student activity , if applicable. Such approved 836
athletic association the Florida High School Athletic 837
Association or successor organization shall adopt the "Official 838
High School Spirit Rules," published by the National Fede ration 839
of State High School Associations, as the statewide uniform 840
safety standards. 841
Section 9. Paragraph (a) of subsection (1) and subsection 842
(2) of section 1006.195, Florida Statutes, are amended to read: 843
1006.195 District school board, charter sch ool authority 844
and responsibility to establish student eligibility regarding 845
participation in interscholastic and intrascholastic 846
extracurricular activities. —Notwithstanding any provision to the 847
contrary in ss. 1006.15, 1006.18, and 1006.20, regarding stude nt 848
eligibility to participate in interscholastic and 849
intrascholastic extracurricular activities: 850
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(1)(a) A district school board must establish, through its 851
code of student conduct, student eligibility standards and 852
related student disciplinary actions re garding student 853
participation in interscholastic and intrascholastic 854
extracurricular activities. The code of student conduct must 855
provide that: 856
1. A student not currently suspended from interscholastic 857
or intrascholastic extracurricular activities, or suspended or 858
expelled from school, pursuant to a district school board's 859
suspension or expulsion powers provided in law, including ss. 860
1006.07, 1006.08, and 1006.09, is eligible to participate in 861
interscholastic and intrascholastic extracurricular activiti es. 862
2. A student may not participate in a sport if the student 863
participated in that same sport at another school during that 864
school year, unless the student meets the criteria in s. 865
1006.15(3)(h). 866
3. A student's eligibility to participate in any 867
interscholastic or intrascholastic extracurricular activity may 868
not be affected by any alleged recruiting violation until final 869
disposition of the allegation pursuant to s. 1006.20(3)(b) s. 870
1006.20(2)(b). 871
(2)(a) Each approved athletic association the Florida High 872
School Athletic Association (FHSAA) continues to retain 873
jurisdiction over the following provisions in s. 1006.20, which 874
may not be implemented in a manner contrary to this section: 875
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membership in the association FHSAA; recruiting prohibitions and 876
violations; student medical evaluations; investigations; 877
sanctions for coaches; school eligibility and forfeiture of 878
contests; student concussions or head injuries; the sports 879
medical advisory committee; and the general operational 880
provisions of the association FHSAA. 881
(b) Each approved athletic association under s. 1006.20 882
the FHSAA must adopt, and prominently publish, the text of this 883
section on its website and in its bylaws, rules, procedures, 884
training and education materials, and all other governing 885
authority documents by August 1, 2016. 886
Section 10. Paragraph (g) of subsection (2) of section 887
1012.468, Florida Statutes, is amended to read: 888
1012.468 Exceptions to certain fingerprinting and criminal 889
history checks.— 890
(2) A district school board shall exem pt from the 891
screening requirements set forth in ss. 1012.465 and 1012.467 892
the following noninstructional contractors: 893
(g) An investigator for any approved athletic association 894
the Florida High School Athletic Association (FHSAA) who meets 895
the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e). 896
Section 11. Paragraph (o) of subsection (1) of section 897
1012.795, Florida Statutes, is amended to read: 898
1012.795 Education Practices Commission; authority to 899
discipline.— 900
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(1) The Education Practices Commiss ion may suspend the 901
educator certificate of any instructional personnel or school 902
administrator, as defined in s. 1012.01(2) or (3), for up to 5 903
years, thereby denying that person the right to teach or 904
otherwise be employed by a district school board or pu blic 905
school in any capacity requiring direct contact with students 906
for that period of time, after which the person may return to 907
teaching as provided in subsection (4); may revoke the educator 908
certificate of any person, thereby denying that person the righ t 909
to teach or otherwise be employed by a district school board or 910
public school in any capacity requiring direct contact with 911
students for up to 10 years, with reinstatement subject to 912
subsection (4); may permanently revoke the educator certificate 913
of any person thereby denying that person the right to teach or 914
otherwise be employed by a district school board or public 915
school in any capacity requiring direct contact with students; 916
may suspend a person's educator certificate, upon an order of 917
the court or notice by the Department of Revenue relating to the 918
payment of child support; may direct the department to place a 919
certificateholder employed by a public school, charter school, 920
charter school governing board, or private school that 921
participates in a state s cholarship program under chapter 1002 922
on the disqualification list maintained by the department 923
pursuant to s. 1001.10(4)(b) for misconduct that would render 924
the person ineligible pursuant to s. 1012.315 or sexual 925
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misconduct with a student; or may impose a ny other penalty 926
provided by law, if the person: 927
(o) Has committed a third recruiting offense as determined 928
by an approved athletic association the Florida High School 929
Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s. 930
1006.20(2)(b). 931
Section 12. Subsections (3) and (7) of section 1012.796, 932
Florida Statutes, are amended to read: 933
1012.796 Complaints against teachers and administrators; 934
procedure; penalties. — 935
(3) The department staff shall advise the commissioner 936
concerning the findings of the investigation and of all 937
referrals by an approved athletic association the Florida High 938
School Athletic Association (FHSAA) pursuant to ss. 939
1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department 940
general counsel or members of that staff shall revi ew the 941
investigation or the referral and advise the commissioner 942
concerning probable cause or lack thereof. The determination of 943
probable cause shall be made by the commissioner. The 944
commissioner shall provide an opportunity for a conference, if 945
requested, before prior to determining probable cause. The 946
commissioner may enter into deferred prosecution agreements in 947
lieu of finding probable cause if, in his or her judgment, such 948
agreements are in the best interests of the department, the 949
certificateholder, a nd the public. Such deferred prosecution 950
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agreements shall become effective when filed with the clerk of 951
the Education Practices Commission. However, a deferred 952
prosecution agreement may not be entered into if there is 953
probable cause to believe that a felon y or an act of moral 954
turpitude, as defined by rule of the State Board of Education, 955
has occurred, or for referrals by any approved athletic 956
association the FHSAA. Upon finding no probable cause, the 957
commissioner shall dismiss the complaint and may issue a letter 958
of guidance to the certificateholder. 959
(7) A panel of the commission shall enter a final order 960
either dismissing the complaint or imposing one or more of the 961
following penalties: 962
(a) Denial of an application for a certificate or for an 963
administrative or supervisory endorsement on a teaching 964
certificate. The denial may provide that the applicant may not 965
reapply for certification, and that the department may refuse to 966
consider that applicant's application, for a specified period of 967
time or permanently. 968
(b) Revocation or suspension of a certificate. 969
(c) Imposition of an administrative fine not to exceed 970
$2,000 for each count or separate offense. 971
(d) Placement of the teacher, administrator, or supervisor 972
on probation for a period of time and subj ect to such conditions 973
as the commission may specify, including requiring the certified 974
teacher, administrator, or supervisor to complete additional 975
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appropriate college courses or work with another certified 976
educator, with the administrative costs of monit oring the 977
probation assessed to the educator placed on probation. An 978
educator who has been placed on probation shall, at a minimum: 979
1. Immediately notify the investigative office in the 980
Department of Education upon employment or separation from 981
employment in any public or private position requiring a Florida 982
educator's certificate. 983
2. Have his or her immediate supervisor submit annual 984
performance reports to the investigative office in the 985
Department of Education. 986
3. Pay to the commission within the fi rst 6 months of each 987
probation year the administrative costs of monitoring probation 988
assessed to the educator. 989
4. Violate no law and fully comply with all district 990
school board policies, school rules, and State Board of 991
Education rules. 992
5. Satisfactorily perform his or her assigned duties in a 993
competent, professional manner. 994
6. Bear all costs of complying with the terms of a final 995
order entered by the commission. 996
(e) Restriction of the authorized scope of practice of the 997
teacher, administrator, or s upervisor. 998
(f) Reprimand of the teacher, administrator, or supervisor 999
in writing, with a copy to be placed in the certification file 1000
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of such person. 1001
(g) Imposition of an administrative sanction, upon a 1002
person whose teaching certificate has expired, for an act or 1003
acts committed while that person possessed a teaching 1004
certificate or an expired certificate subject to late renewal, 1005
which sanction bars that person from applying for a new 1006
certificate for a period of 10 years or less, or permanently. 1007
(h) Refer the teacher, administrator, or supervisor to the 1008
recovery network program provided in s. 1012.798 under such 1009
terms and conditions as the commission may specify. 1010
(i) Direct the department to place instructional personnel 1011
or school administrators on the disqualification list maintained 1012
by the department pursuant to s. 1001.10(4)(b) for conduct that 1013
would render the person ineligible pursuant to s. 1012.315 or 1014
sexual misconduct with a student. 1015
1016
The penalties imposed under this subsection are in addition to , 1017
and not in lieu of, the penalties required for a third 1018
recruiting offense pursuant to s. 1006.20(3)(b) s. 1019
1006.20(2)(b). 1020
Section 13. This act shall take effect July 1, 2022. 1021