FL
Florida House Bill H0443

Florida 2022 Regular Session

Florida House Bill H0443 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to interscholastic and intrascholastic 2
1616 activities; amending s. 1006.20, F.S.; providing for 3
1717 the approval of athletic associations that meet 4
1818 certain requirements; providing a definition; 5
1919 requiring certain athletic associations to operate 6
2020 under a contract with the State Board of Education; 7
2121 requiring the State Board of Education to annually 8
2222 review specified information relating to such athletic 9
2323 associations; providing that private schools and 10
2424 traditional public schools are considered high schoo ls 11
2525 for specified purposes; prohibiting public schools 12
2626 from maintaining memberships in or paying dues or fees 13
2727 to certain athletic associations; providing that 14
2828 approved athletic associations are subject to certain 15
2929 requirements; requiring approved athletic as sociations 16
3030 to adopt certain bylaws; requiring approved athletic 17
3131 associations to establish a certain appeals process; 18
32-authorizing certain sports medicine advisory 19
33-committees to establish specified definitions related 20
34-to concussions; authorizing certain appr oved athletic 21
35-associations to establish sports medicine advisory 22
36-committees that meet certain membership requirements; 23
37-amending s. 1006.15, F.S.; authorizing home education 24
38-students, Florida Virtual School students, and private 25
32+amending s. 1006.15, F.S.; authorizing home education 19
33+students, Florida Virtual School students, and private 20
34+school students to participate in interscholastic and 21
35+intrascholastic activities at certain schools; 22
36+revising the requirements for such students to 23
37+participate in such activities; providing for the 24
38+continued participation in such activities by certain 25
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4747 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
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51-school students to participa te in interscholastic and 26
52-intrascholastic activities at certain schools; 27
53-revising the requirements for such students to 28
54-participate in such activities; providing for the 29
55-continued participation in such activities by certain 30
56-students who transfer from a pub lic school; conforming 31
57-cross-references and provisions to changes made by the 32
58-act; creating s. 1006.185, F.S.; requiring certain 33
59-athletic associations to adopt bylaws, policies, or 34
60-procedures allowing opening remarks at specified 35
61-events; providing requirem ents for such remarks; 36
62-requiring certain announcements before such remarks; 37
63-providing that opening remarks at specified events are 38
64-at the discretion of each school; amending ss. 39
65-768.135, 1002.20, 1002.42, 1006.165, 1006.18, 40
66-1006.195, 1012.468, 1012.795, an d 1012.796, F.S.; 41
67-conforming cross-references and provisions to changes 42
68-made by the act; providing an effective date. 43
69- 44
70-Be It Enacted by the Legislature of the State of Florida: 45
71- 46
72- Section 1. Subsections (2) through (8) of section 1006.20, 47
73-Florida Statutes, are renumbered as subsections (3) through (9), 48
74-respectively, and present subsections (1), (2), (4), (5), (7), 49
75-and (8) of that section are amended to read: 50
51+students who transfer from a publi c school; conforming 26
52+cross-references and provisions to changes made by the 27
53+act; amending ss. 768.135, 1002.20, 1002.42, 1006.165, 28
54+1006.18, 1006.195, 1012.468, 1012.795, and 1012.796, 29
55+F.S.; conforming cross -references and provisions to 30
56+changes made by the act; providing an effective date. 31
57+ 32
58+Be It Enacted by the Legislature of the State of Florida: 33
59+ 34
60+ Section 1. Subsections (2) through (8) of section 1006.20, 35
61+Florida Statutes, are renumbered as subsections (3) through (9), 36
62+respectively, and present subs ections (1), (2), (4), (5), (7), 37
63+and (8) of that section are amended to read: 38
64+ 1006.20 Athletics in public K -12 schools.— 39
65+ (1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION 40
66+ORGANIZATION.—The Florida High School Athletic Association 41
67+(FHSAA) is designated as th e governing nonprofit athletic 42
68+association organization of athletics in Florida public schools. 43
69+If the FHSAA fails to meet the provisions of this section, The 44
70+commissioner, with the approval of the State Board of Education, 45
71+may approve other shall designate a nonprofit athletic 46
72+associations. As used in this section, the term "approved 47
73+athletic association" means the FHSAA and other nonprofit 48
74+athletic associations approved by the commissioner and 49
75+organization to govern athletics with the approval of the State 50
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8484 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
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88- 1006.20 Athletics in public K -12 schools.— 51
89- (1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION 52
90-ORGANIZATION.—The Florida High School Athletic Association 53
91-(FHSAA) is designated as the governing nonprofit athletic 54
92-association organization of athletics in Florida public schools. 55
93-If the FHSAA fails to meet the provisions of this section, The 56
94-commissioner, with the approval of the State Board of Education, 57
95-may approve other shall designate a nonprofit athletic 58
96-associations. As used in this section, the term "approved 59
97-athletic association" means the FHSAA and other nonprofit 60
98-athletic associations approved by the commissioner and 61
99-organization to govern athletics with the approval of the State 62
100-Board of Education. Each nonprofit athletic association subject 63
101-to the requirements of this section shall operate under a 64
102-contract with the State Board of Education. Befo re entering into 65
103-a contract with an association, the State Board of Education 66
104-shall annually review, at a minimum, the bylaws, policies, and 67
105-dues and fees of the association for compliance with subpart D. 68
106-of this part. Any approved athletic association The FHSAA is not 69
107-a state agency as defined in s. 120.52 but is. The FHSAA shall 70
108-be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19 . 71
109- (2) MEMBERSHIP.—A private school that wishes to engage in 72
110-high school athletic competition with a public high sch ool may 73
111-become a member of the FHSAA. Any high school in the state, 74
112-including private schools, traditional public schools, charter 75
88+Board of Education. Each nonprofit athletic association subject 51
89+to the requirements of this section shall operate under a 52
90+contract with the State Board of Education. Before entering into 53
91+a contract with an association, the State Board of Education 54
92+shall annually review, at a minimum, the bylaws, policies, and 55
93+dues and fees of the association for compliance with subpart D. 56
94+of this part. Any approved athletic association The FHSAA is not 57
95+a state agency as defined in s. 120.52 but is. The FHSAA shall 58
96+be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19 . 59
97+ (2) MEMBERSHIP.—A private school that wishes to engage in 60
98+high school athletic competition with a public high school may 61
99+become a member of the FHSAA. Any high school in the state, 62
100+including private schools, traditional public schools, charter 63
101+schools, virtual schools, and home education cooperatives, may 64
102+become a member of any approved athletic association. However, a 65
103+public school may not maintain membership in or pay dues or fees 66
104+to any athletic association that is not operated under a 67
105+contract with the State Board of Education the FHSAA and 68
106+participate in the activities of the FHSAA . However, Membership 69
107+in an association the FHSAA is not mandatory for any school. 70
108+Approved athletic associations The FHSAA must allow any a 71
109+private school or cooperative the option of maintaining full 72
110+membership in the association or joining by sport and may not 73
111+discourage any a private school or cooperative from 74
112+simultaneously maintaining membership in another approved 75
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121121 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
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125-schools, virtual schools, and home education cooperatives, may 76
126-become a member of any approved athletic association. However, a 77
127-public school may not maintain membership in or pay dues or fees 78
128-to any athletic association that is not operated under a 79
129-contract with the State Board of Education the FHSAA and 80
130-participate in the activities of the FHSAA . However, Membership 81
131-in an association the FHSAA is not mandatory for any school. 82
132-Approved athletic associations The FHSAA must allow any a 83
133-private school or cooperative the option of maintaining full 84
134-membership in the association or joining by sport and may not 85
135-discourage any a private school or cooperative from 86
136-simultaneously maintaining membership in another approved 87
137-athletic association. Approved athletic associations The FHSAA 88
138-may allow a public school the option to apply for consideration 89
139-to join another athletic association. the F HSAA may not deny or 90
140-discourage interscholastic competition between its member 91
141-schools and nonmember non-FHSAA member Florida schools, 92
142-including members of another approved athletic association 93
143-governing organization , and may not take any retributory or 94
144-discriminatory action against any of its member schools that 95
145-participate in interscholastic competition with nonmember non-96
146-FHSAA member Florida schools. The FHSAA may not unreasonably 97
147-withhold its approval of an application to become an affiliate 98
148-member of the National Federation of State High School 99
149-Associations submitted by any other approved athletic 100
125+athletic association. Approved athletic associations The FHSAA 76
126+may allow a public school the option to apply for consideration 77
127+to join another athletic association. the FHSAA may not deny or 78
128+discourage interscholastic competition between its member 79
129+schools and nonmember non-FHSAA member Florida schools, 80
130+including members of another approved athletic association 81
131+governing organization , and may not take any retributory or 82
132+discriminatory action against any of its member schools that 83
133+participate in interschol astic competition with nonmember non-84
134+FHSAA member Florida schools. The FHSAA may not unreasonably 85
135+withhold its approval of an application to become an affiliate 86
136+member of the National Federation of State High School 87
137+Associations submitted by any other approved athletic 88
138+association organization that governs interscholastic athletic 89
139+competition in this state. The bylaws of each approved athletic 90
140+association the FHSAA are the rules by which high school 91
141+athletic programs in its member schools, and the stude nts who 92
142+participate in them, are governed, unless otherwise specifically 93
143+provided by statute. For the purposes of this section, the term 94
144+"high school" includes grades 6 through 12. 95
145+ (3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES. — 96
146+ (a) Each approved athletic association the FHSAA shall 97
147+adopt bylaws that, unless specifically provided by statute, 98
148+establish eligibility requirements for all students who 99
149+participate in high school athletic competition in its member 100
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158158 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
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162-association organization that governs interscholastic athletic 101
163-competition in this state. The bylaws of each approved athletic 102
164-association the FHSAA are the rules by which high school 103
165-athletic programs in its member schools, and the students who 104
166-participate in them, are governed, unless otherwise specifically 105
167-provided by statute. For the purposes of this section, the term 106
168-"high school" includes grades 6 through 12. 107
169- (3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES. — 108
170- (a) Each approved athletic association the FHSAA shall 109
171-adopt bylaws that, unless specifically provided by statute, 110
172-establish eligibility requirements for all students who 111
173-participate in high school athletic competition in its member 112
174-schools. The bylaws governing residence and transfer shall allow 113
175-the student to be immediately eligible in the school in which he 114
176-or she first enrolls each school year or the school in which the 115
177-student makes himself or herself a candidate for an athletic 116
178-team by engaging in a practice before prior to enrolling in the 117
179-school. The bylaws shall also allow the student to be 118
180-immediately eligible in the school to which the student has 119
181-transferred. The student shall be eligible in that school so 120
182-long as he or she remains enrolled in that school. Subsequent 121
183-eligibility shall be determined and enforced through the 122
184-association's FHSAA's bylaws. Requirements governing eligibility 123
185-and transfer between member schools shall be applied similarly 124
186-to public school students and private school students. 125
162+schools. The bylaws governing residence a nd transfer shall allow 101
163+the student to be immediately eligible in the school in which he 102
164+or she first enrolls each school year or the school in which the 103
165+student makes himself or herself a candidate for an athletic 104
166+team by engaging in a practice before prior to enrolling in the 105
167+school. The bylaws shall also allow the student to be 106
168+immediately eligible in the school to which the student has 107
169+transferred. The student shall be eligible in that school so 108
170+long as he or she remains enrolled in that school. Subsequ ent 109
171+eligibility shall be determined and enforced through the 110
172+association's FHSAA's bylaws. Requirements governing eligibility 111
173+and transfer between member schools shall be applied similarly 112
174+to public school students and private school students. 113
175+ (b) Each approved athletic association the FHSAA shall 114
176+adopt bylaws that specifically prohibit the recruiting of 115
177+students for athletic purposes. The bylaws shall prescribe 116
178+penalties and an appeals process for athletic recruiting 117
179+violations. 118
180+ 1. If it is determined that a school has recruited a 119
181+student in violation of association FHSAA bylaws, the 120
182+association FHSAA may require the school to participate in a 121
183+higher classification for the sport in which the recruited 122
184+student competes for a minimum of one classification cycle, in 123
185+addition to the penalties in subparagraphs 2. and 3. and any 124
186+other appropriate fine or sanction imposed on the school, its 125
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195195 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
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199- (b) Each approved athletic association the FHSAA shall 126
200-adopt bylaws that specifically prohibit the recruiting o f 127
201-students for athletic purposes. The bylaws shall prescribe 128
202-penalties and an appeals process for athletic recruiting 129
203-violations. 130
204- 1. If it is determined that a school has recruited a 131
205-student in violation of association FHSAA bylaws, the 132
206-association FHSAA may require the school to participate in a 133
207-higher classification for the sport in which the recruited 134
208-student competes for a minimum of one classification cycle, in 135
209-addition to the penalties in subparagraphs 2. and 3. and any 136
210-other appropriate fine or san ction imposed on the school, its 137
211-coaches, or adult representatives who violate recruiting rules. 138
212- 2. Any recruitment by a school district employee or 139
213-contractor in violation of association FHSAA bylaws results in 140
214-escalating punishments as follows: 141
215- a. For a first offense, a $5,000 forfeiture of pay for the 142
216-school district employee or contractor who committed the 143
217-violation. 144
218- b. For a second offense, suspension without pay for 12 145
219-months from coaching, directing, or advertising an 146
220-extracurricular activity a nd a $5,000 forfeiture of pay for the 147
221-school district employee or contractor who committed the 148
222-violation. 149
223- c. For a third offense, a $5,000 forfeiture of pay for the 150
199+coaches, or adult representatives who violate recruiting rules. 126
200+ 2. Any recruitment by a school district employee or 127
201+contractor in violation of association FHSAA bylaws results in 128
202+escalating punishments as follows: 129
203+ a. For a first offense, a $5,000 forfeiture of pay for the 130
204+school district employee or contractor who committed the 131
205+violation. 132
206+ b. For a second offense, suspen sion without pay for 12 133
207+months from coaching, directing, or advertising an 134
208+extracurricular activity and a $5,000 forfeiture of pay for the 135
209+school district employee or contractor who committed the 136
210+violation. 137
211+ c. For a third offense, a $5,000 forfeiture of pay for the 138
212+school district employee or contractor who committed the 139
213+violation. If the individual who committed the violation holds 140
214+an educator certificate, the association FHSAA shall also refer 141
215+the violation to the department for review pursuant to s. 142
216+1012.796 to determine whether probable cause exists, and, if 143
217+there is a finding of probable cause, the commissioner shall 144
218+file a formal complaint against the individual. If the complaint 145
219+is upheld, the individual's educator certificate shall be 146
220+revoked for 3 years, in addition to any penalties available 147
221+under s. 1012.796. Additionally, the department shall revoke any 148
222+adjunct teaching certificates issued pursuant to s. 1012.57 and 149
223+all permissions under ss. 1012.39 and 1012.43, and the educator 150
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232232 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
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236-school district employee or contractor who committed the 151
237-violation. If the individual who committed the violation holds 152
238-an educator certificate, the association FHSAA shall also refer 153
239-the violation to the department for review pursuant to s. 154
240-1012.796 to determine whether probable cause exists, and, if 155
241-there is a finding of probable cause, the commissioner shall 156
242-file a formal complaint against the individual. If the complaint 157
243-is upheld, the individual's educator certificate shall be 158
244-revoked for 3 years, in addition to any penalties available 159
245-under s. 1012.796. Additionally, the department shall revoke any 160
246-adjunct teaching certificates issued pursuant to s. 1012.57 and 161
247-all permissions under ss. 1012.39 and 1012.43, and the educator 162
248-is ineligible for such certificates or permissions for a period 163
249-of time equal to the period of revocation of his or h er state-164
250-issued certificate. 165
251- 3. Notwithstanding any other provision of law, a school, 166
252-team, or activity shall forfeit all competitions, including 167
253-honors resulting from such competitions, in which a student who 168
254-participated in any fashion was recruited in a manner prohibited 169
255-pursuant to state law or the association FHSAA bylaws. 170
256- 4. A student may not be declared ineligible based on 171
257-violation of recruiting rules unless the student or parent has 172
258-falsified any enrollment or eligibility document or accepted any 173
259-benefit if such benefit is not generally available to the 174
260-school's students or family members or is based in any way on 175
236+is ineligible for such certificates or permissions for a period 151
237+of time equal to the period of revocation of his or her state -152
238+issued certificate. 153
239+ 3. Notwithstanding any other provision of law, a school, 154
240+team, or activity shall forfeit all competitions, including 155
241+honors resulting from such competitions, in which a student who 156
242+participated in any fashion was recruited in a manner prohibited 157
243+pursuant to state law or the association FHSAA bylaws. 158
244+ 4. A student may not be declared ineligible based on 159
245+violation of recruiting rules unless the student or parent has 160
246+falsified any enrollment or eligibility document or accepted any 161
247+benefit if such benefit is not generally available to the 162
248+school's students or family members or is based in any way on 163
249+athletic interest, potential, or performance. 164
250+ 5. A student's eligibility to participate in any 165
251+interscholastic or intrascholastic extracurricular activity, as 166
252+determined by a district school board pursuant to s. 167
253+1006.195(1)(a)3., may not be affected by any alleged recruiting 168
254+violation until final disposition of the allegation. 169
255+ (c) Each approved athletic association the FHSAA shall 170
256+adopt bylaws that require all s tudents participating in 171
257+interscholastic athletic competition or who are candidates for 172
258+an interscholastic athletic team to satisfactorily pass a 173
259+medical evaluation each year before participating in 174
260+interscholastic athletic competition or engaging in any 175
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269269 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
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273-athletic interest, potential, or performance. 176
274- 5. A student's eligibility to participate in any 177
275-interscholastic or intrascholastic extracurricular activity, as 178
276-determined by a district school board pursuant to s. 179
277-1006.195(1)(a)3., may not be affected by any alleged recruiting 180
278-violation until final disposition of the allegation. 181
279- (c) Each approved athletic association the FHSAA shall 182
280-adopt bylaws that require all students participating in 183
281-interscholastic athlet ic competition or who are candidates for 184
282-an interscholastic athletic team to satisfactorily pass a 185
283-medical evaluation each year before participating in 186
284-interscholastic athletic competition or engaging in any 187
285-practice, tryout, workout, conditioning, or othe r physical 188
286-activity associated with the student's candidacy for an 189
287-interscholastic athletic team, including activities that occur 190
288-outside of the school year. Such medical evaluation may be 191
289-administered only by a practitioner licensed under chapter 458, 192
290-chapter 459, chapter 460, or s. 464.012 or registered under s. 193
291-464.0123 and in good standing with the practitioner's regulatory 194
292-board. The bylaws shall establish requirements for eliciting a 195
293-student's medical history and performing the medical evaluation 196
294-required under this paragraph, which shall include a physical 197
295-assessment of the student's physical capabilities to participate 198
296-in interscholastic athletic competition as contained in a 199
297-uniform preparticipation physical evaluation and history form. 200
273+practice, tryout, workout, conditioning, or other physical 176
274+activity associated with the student's candidacy for an 177
275+interscholastic athletic team, including activities that occur 178
276+outside of the school year. Such medical evaluation may be 179
277+administered only by a practitioner licensed under chapter 458, 180
278+chapter 459, chapter 460, or s. 464.012 or registered under s. 181
279+464.0123 and in good standing with the practitioner's regulatory 182
280+board. The bylaws shall establish requirements for eliciting a 183
281+student's medical his tory and performing the medical evaluation 184
282+required under this paragraph, which shall include a physical 185
283+assessment of the student's physical capabilities to participate 186
284+in interscholastic athletic competition as contained in a 187
285+uniform preparticipation phy sical evaluation and history form. 188
286+The evaluation form shall incorporate the recommendations of the 189
287+American Heart Association for participation cardiovascular 190
288+screening and shall provide a place for the signature of the 191
289+practitioner performing the evaluat ion with an attestation that 192
290+each examination procedure listed on the form was performed by 193
291+the practitioner or by someone under the direct supervision of 194
292+the practitioner. The form shall also contain a place for the 195
293+practitioner to indicate if a referral to another practitioner 196
294+was made in lieu of completion of a certain examination 197
295+procedure. The form shall provide a place for the practitioner 198
296+to whom the student was referred to complete the remaining 199
297+sections and attest to that portion of the examination . The 200
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310-The evaluation form shall incorporate the recommendations of the 201
311-American Heart Association for participation cardiovascular 202
312-screening and shall provide a place for the signature of the 203
313-practitioner performing the evaluation with an attestation that 204
314-each examination procedure listed on the form was performed by 205
315-the practitioner or by someone under the direct supervision of 206
316-the practitioner. The form shall also contain a place for the 207
317-practitioner to indicate if a referral to another practitioner 208
318-was made in lieu of com pletion of a certain examination 209
319-procedure. The form shall provide a place for the practitioner 210
320-to whom the student was referred to complete the remaining 211
321-sections and attest to that portion of the examination. The 212
322-preparticipation physical evaluation form shall advise students 213
323-to complete a cardiovascular assessment and shall include 214
324-information concerning alternative cardiovascular evaluation and 215
325-diagnostic tests. Results of such medical evaluation must be 216
326-provided to the school. A student is not eligible to 217
327-participate, as provided in s. 1006.15(3), in any 218
328-interscholastic athletic competition or engage in any practice, 219
329-tryout, workout, or other physical activity associated with the 220
330-student's candidacy for an interscholastic athletic team until 221
331-the results of the medical evaluation have been received and 222
332-approved by the school. 223
333- (d) Notwithstanding the provisions of paragraph (c), a 224
334-student may participate in interscholastic athletic competition 225
310+preparticipation physical evaluation form shall advise students 201
311+to complete a cardiovascular assessment and shall include 202
312+information concerning alternative cardiovascular evaluation and 203
313+diagnostic tests. Results of such medical evaluation must be 204
314+provided to the school. A student is not eligible to 205
315+participate, as provided in s. 1006.15(3), in any 206
316+interscholastic athletic competition or engage in any practice, 207
317+tryout, workout, or other physical activity associated with the 208
318+student's candidacy for an interscholastic athletic team until 209
319+the results of the medical evaluation have been received and 210
320+approved by the school. 211
321+ (d) Notwithstanding the provisions of paragraph (c), a 212
322+student may participate in interscholastic athletic competition 213
323+or be a candidate for an interscholastic athletic team if the 214
324+parent of the student objects in writing to the student 215
325+undergoing a medical evaluation because such evaluation is 216
326+contrary to his or her religious tenets or practices. However, 217
327+in such case, there shall be n o liability on the part of any 218
328+person or entity in a position to otherwise rely on the results 219
329+of such medical evaluation for any damages resulting from the 220
330+student's injury or death arising directly from the student's 221
331+participation in interscholastic athl etics where an undisclosed 222
332+medical condition that would have been revealed in the medical 223
333+evaluation is a proximate cause of the injury or death. 224
334+ (e) Each approved athletic association the FHSAA shall 225
335335
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343343 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
344344
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346346
347-or be a candidate for an interscholastic athletic team if the 226
348-parent of the student objects in writing to the student 227
349-undergoing a medical evaluation because such evaluation is 228
350-contrary to his or her religious tenets or practices. However, 229
351-in such case, there shall be no liability on the part of any 230
352-person or entity in a position to otherwise rely on the results 231
353-of such medical evaluation for any damages resulting from the 232
354-student's injury or death arising directly from the student's 233
355-participation in interscholastic athletics where an undisclosed 234
356-medical condition th at would have been revealed in the medical 235
357-evaluation is a proximate cause of the injury or death. 236
358- (e) Each approved athletic association the FHSAA shall 237
359-adopt bylaws that regulate persons who conduct investigations on 238
360-behalf of the association FHSAA. The bylaws shall include 239
361-provisions that require an investigator to: 240
362- 1. Undergo level 2 background screening under s. 435.04, 241
363-establishing that the investigator has not committed any 242
364-disqualifying offense listed in s. 435.04, unless the 243
365-investigator can provide proof of compliance with level 2 244
366-screening standards submitted within the previous 5 years to 245
367-meet any professional licensure requirements, provided: 246
368- a. The investigator has not had a break in service from a 247
369-position that requires level 2 screening for more than 90 days; 248
370-and 249
371- b. The investigator submits, under penalty of perjury, an 250
347+adopt bylaws that regulate persons who conduct invest igations on 226
348+behalf of the association FHSAA. The bylaws shall include 227
349+provisions that require an investigator to: 228
350+ 1. Undergo level 2 background screening under s. 435.04, 229
351+establishing that the investigator has not committed any 230
352+disqualifying offense list ed in s. 435.04, unless the 231
353+investigator can provide proof of compliance with level 2 232
354+screening standards submitted within the previous 5 years to 233
355+meet any professional licensure requirements, provided: 234
356+ a. The investigator has not had a break in service from a 235
357+position that requires level 2 screening for more than 90 days; 236
358+and 237
359+ b. The investigator submits, under penalty of perjury, an 238
360+affidavit verifying that the investigator has not committed any 239
361+disqualifying offense listed in s. 435.04 and is in full 240
362+compliance with this paragraph. 241
363+ 2. Be appointed as an investigator by the executive 242
364+director. 243
365+ 3. Carry a photo identification card that shows the 244
366+association's FHSAA name and, logo, and the investigator's 245
367+official title. 246
368+ 4. Adhere to the following gu idelines: 247
369+ a. Investigate only those alleged violations assigned by 248
370+the executive director or the board of directors. 249
371+ b. Conduct interviews on Monday through Friday between the 250
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380380 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
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384-affidavit verifying that the investigator has not committed any 251
385-disqualifying offense listed in s. 435.04 and is in full 252
386-compliance with this paragraph. 253
387- 2. Be appointed as an investigator by the executive 254
388-director. 255
389- 3. Carry a photo identification card that shows the 256
390-association's FHSAA name and, logo, and the investigator's 257
391-official title. 258
392- 4. Adhere to the following guidelines: 259
393- a. Investigate only those alleged v iolations assigned by 260
394-the executive director or the board of directors. 261
395- b. Conduct interviews on Monday through Friday between the 262
396-hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 263
397-the interviewee. 264
398- c. Allow the parent of any student being interviewed to be 265
399-present during the interview. 266
400- d. Search residences or other private areas only with the 267
401-permission of the executive director and the written consent of 268
402-the student's parent and only with a parent or a representative 269
403-of the parent present. 270
404- (f) Each approved athletic association the FHSAA shall 271
405-adopt bylaws that establish sanctions for coaches who have 272
406-committed major violations of the association's FHSAA's bylaws 273
407-and policies. 274
408- 1. Major violations include, but are not limited to, 275
384+hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 251
385+the interviewee. 252
386+ c. Allow the parent of any student being interviewed to be 253
387+present during the interview. 254
388+ d. Search residences or other private areas only with the 255
389+permission of the executive director and the written consent of 256
390+the student's parent and only with a parent or a representative 257
391+of the parent present. 258
392+ (f) Each approved athletic association the FHSAA shall 259
393+adopt bylaws that establish sanctions for coaches who have 260
394+committed major violations of the association's FHSAA's bylaws 261
395+and policies. 262
396+ 1. Major violations include, but are not limited to, 263
397+knowingly allowing an ineligible student to participate in a 264
398+contest representing a member school in an interscholastic 265
399+contest or committing a violation of the association's FHSAA's 266
400+recruiting or sportsmanship po licies. 267
401+ 2. Sanctions placed upon an individual coach may include, 268
402+but are not limited to, prohibiting or suspending the coach from 269
403+coaching, participating in, or attending any athletic activity 270
404+sponsored, recognized, or sanctioned by the association FHSAA 271
405+and the member school for which the coach committed the 272
406+violation. If a coach is sanctioned by the association FHSAA and 273
407+the coach transfers to another member school, those sanctions 274
408+remain in full force and effect during the term of the sanction. 275
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417417 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
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421-knowingly allowing an ineligible student to participate in a 276
422-contest representing a member school in an interscholastic 277
423-contest or committing a violation of the association's FHSAA's 278
424-recruiting or sportsmanship policies. 279
425- 2. Sanctions placed upon an individua l coach may include, 280
426-but are not limited to, prohibiting or suspending the coach from 281
427-coaching, participating in, or attending any athletic activity 282
428-sponsored, recognized, or sanctioned by the association FHSAA 283
429-and the member school for which the coach com mitted the 284
430-violation. If a coach is sanctioned by the association FHSAA and 285
431-the coach transfers to another member school, those sanctions 286
432-remain in full force and effect during the term of the sanction. 287
433- 3. If a member school is assessed a financial penalty as a 288
434-result of a coach committing a major violation, the coach shall 289
435-reimburse the member school before being allowed to coach, 290
436-participate in, or attend any athletic activity sponsored, 291
437-recognized, or sanctioned by the association FHSAA and a member 292
438-school. 293
439- 4. The association FHSAA shall establish a due process 294
440-procedure for coaches sanctioned under this paragraph, 295
441-consistent with the appeals procedures set forth in subsection 296
442-(8) (7). 297
443- (g) Each approved athletic association the FHSAA shall 298
444-adopt bylaws establishing the process and standards by which the 299
445-association's FHSAA determinations of eligibility are made. Such 300
421+ 3. If a member school is assessed a financial penalty as a 276
422+result of a coach committing a major violation, the coach shall 277
423+reimburse the member school before being allowed to coach, 278
424+participate in, or attend any athletic activity sponsored, 279
425+recognized, or sanctioned by the association FHSAA and a member 280
426+school. 281
427+ 4. The association FHSAA shall establish a due process 282
428+procedure for coaches sanctioned under this paragraph, 283
429+consistent with the appeals procedures set forth in subsection 284
430+(8) (7). 285
431+ (g) Each approved athletic association the FHSAA shall 286
432+adopt bylaws establishing the process and standards by which the 287
433+association's FHSAA determinations of eligibility are made. Such 288
434+bylaws shall provide that: 289
435+ 1. Ineligibility must be established by a preponderanc e of 290
436+the evidence; 291
437+ 2. Student athletes, parents, and schools must have notice 292
438+of the initiation of any investigation or other inquiry into 293
439+eligibility and may present, to the investigator and to the 294
440+individual making the eligibility determination, any in formation 295
441+or evidence that is credible, persuasive, and of a kind 296
442+reasonably prudent persons rely upon in the conduct of serious 297
443+affairs; 298
444+ 3. An investigator may not determine matters of 299
445+eligibility but must submit information and evidence to the 300
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454454 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
455455
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458-bylaws shall provide that: 301
459- 1. Ineligibility must be established by a preponderanc e of 302
460-the evidence; 303
461- 2. Student athletes, parents, and schools must have notice 304
462-of the initiation of any investigation or other inquiry into 305
463-eligibility and may present, to the investigator and to the 306
464-individual making the eligibility determination, any in formation 307
465-or evidence that is credible, persuasive, and of a kind 308
466-reasonably prudent persons rely upon in the conduct of serious 309
467-affairs; 310
468- 3. An investigator may not determine matters of 311
469-eligibility but must submit information and evidence to the 312
470-executive director or a person designated by the executive 313
471-director or by the board of directors for an unbiased and 314
472-objective determination of eligibility; and 315
473- 4. A determination of ineligibility must be made in 316
474-writing, setting forth the findings of fact and s pecific 317
475-violation upon which the decision is based. 318
476- (h) In lieu of bylaws adopted under paragraph (g), an 319
477-approved athletic association the FHSAA may adopt bylaws 320
478-providing as a minimum the procedural safeguards of ss. 120.569 321
479-and 120.57, making appropri ate provision for appointment of 322
480-unbiased and qualified hearing officers. 323
481- (i) An approved athletic association's the FHSAA bylaws 324
482-may not limit the competition of student athletes prospectively 325
458+executive director or a person designated by the executive 301
459+director or by the board of directors for an unbiased and 302
460+objective determination of eligibility; and 303
461+ 4. A determination of ineligibility must be made in 304
462+writing, setting forth the findings of fact and s pecific 305
463+violation upon which the decision is based. 306
464+ (h) In lieu of bylaws adopted under paragraph (g), an 307
465+approved athletic association the FHSAA may adopt bylaws 308
466+providing as a minimum the procedural safeguards of ss. 120.569 309
467+and 120.57, making appropri ate provision for appointment of 310
468+unbiased and qualified hearing officers. 311
469+ (i) An approved athletic association's the FHSAA bylaws 312
470+may not limit the competition of student athletes prospectively 313
471+for rule violations of their school or its coaches or their 314
472+adult representatives. The association FHSAA bylaws may not 315
473+unfairly punish student athletes for eligibility or recruiting 316
474+violations perpetrated by a teammate, coach, or administrator. 317
475+Contests may not be forfeited for inadvertent eligibility 318
476+violations unless the coach or a school administrator should 319
477+have known of the violation. Contests may not be forfeited for 320
478+other eligibility violations or recruiting violations in excess 321
479+of the number of contests that the coaches and adult 322
480+representatives responsible for the violations are prospectively 323
481+suspended. 324
482+ (j) Each approved athletic association the FHSAA shall 325
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491491 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
492492
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495-for rule violations of their school or its coaches or their 326
496-adult representatives. The association FHSAA bylaws may not 327
497-unfairly punish student athletes for eligibility or recruiting 328
498-violations perpetrated by a teammate, coach, or administrator. 329
499-Contests may not be forfeited for inadvertent eligibility 330
500-violations unless the coach or a school administrator should 331
501-have known of the violation. Contests may not be forfeited for 332
502-other eligibility violations or recruiting violations in excess 333
503-of the number of contests that the coaches and adult 334
504-representatives responsible for the violations are prospectively 335
505-suspended. 336
506- (j) Each approved athletic association the FHSAA shall 337
507-adopt guidelines to educate athletic coaches, officials, 338
508-administrators, and student athletes and their parents of the 339
509-nature and risk of concussion a nd head injury. 340
510- (k) Each approved athletic association the FHSAA shall 341
511-adopt bylaws or policies that require the parent of a student 342
512-who is participating in interscholastic athletic competition or 343
513-who is a candidate for an interscholastic athletic team t o sign 344
514-and return an informed consent that explains the nature and risk 345
515-of concussion and head injury, including the risk of continuing 346
516-to play after concussion or head injury, each year before 347
517-participating in interscholastic athletic competition or 348
518-engaging in any practice, tryout, workout, or other physical 349
519-activity associated with the student's candidacy for an 350
495+adopt guidelines to educate athletic coaches, officials, 326
496+administrators, and student athletes and their parents of the 327
497+nature and risk of concussion a nd head injury. 328
498+ (k) Each approved athletic association the FHSAA shall 329
499+adopt bylaws or policies that require the parent of a student 330
500+who is participating in interscholastic athletic competition or 331
501+who is a candidate for an interscholastic athletic team to sign 332
502+and return an informed consent that explains the nature and risk 333
503+of concussion and head injury, including the risk of continuing 334
504+to play after concussion or head injury, each year before 335
505+participating in interscholastic athletic competition or 336
506+engaging in any practice, tryout, workout, or other physical 337
507+activity associated with the student's candidacy for an 338
508+interscholastic athletic team. 339
509+ (l) Each approved athletic association the FHSAA shall 340
510+adopt bylaws or policies that require each student athlete who 341
511+is suspected of sustaining a concussion or head injury in a 342
512+practice or competition to be immediately removed from the 343
513+activity. A student athlete who has been removed from an 344
514+activity may not return to practice or competition until the 345
515+student submits to the school a written medical clearance to 346
516+return stating that the student athlete no longer exhibits 347
517+signs, symptoms, or behaviors consistent with a concussion or 348
518+other head injury. Medical clearance must be authorized by the 349
519+appropriate health care practitioner trained in the diagnosis, 350
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528528 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
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532-interscholastic athletic team. 351
533- (l) Each approved athletic association the FHSAA shall 352
534-adopt bylaws or policies that require each student athlete who 353
535-is suspected of sustaining a concussion or head injury in a 354
536-practice or competition to be immediately removed from the 355
537-activity. A student athlete who has been removed from an 356
538-activity may not return to practice or competition until the 357
539-student submits to the school a written medical clearance to 358
540-return stating that the student athlete no longer exhibits 359
541-signs, symptoms, or behaviors consistent with a concussion or 360
542-other head injury. Medi cal clearance must be authorized by the 361
543-appropriate health care practitioner trained in the diagnosis, 362
544-evaluation, and management of concussions as defined by a the 363
545-sports medicine advisory committee established pursuant to 364
546-paragraph (m) of the Florida High School Athletic Association . 365
547- (m)1. The FHSAA shall adopt bylaws for the establishment 366
548-and duties of a sports medicine advisory committee composed of 367
549-the following members: 368
550- a.1. Eight physicians licensed under chapter 458 or 369
551-chapter 459 with at least one member licensed under chapter 459. 370
552- b.2. One chiropractor licensed under chapter 460. 371
553- c.3. One podiatrist licensed under chapter 461. 372
554- d.4. One dentist licensed under chapter 466. 373
555- e.5. Three athletic trainers licensed under part XIII of 374
556-chapter 468. 375
532+evaluation, and management of concussions as defined by the 351
533+Sports Medicine Advisory Committee of the Florida High School 352
534+Athletic Association. 353
535+ (m) The FHSAA shall adopt bylaws for the establishment and 354
536+duties of a sports medicine advisory committee composed of the 355
537+following members: 356
538+ 1. Eight physicians licensed under chapter 458 or chapter 357
539+459 with at least one member licensed under chapter 459. 358
540+ 2. One chiropractor licensed under chapter 460. 359
541+ 3. One podiatrist licensed under chapter 461. 360
542+ 4. One dentist licensed under chap ter 466. 361
543+ 5. Three athletic trainers licensed under part XIII of 362
544+chapter 468. 363
545+ 6. One member who is a current or retired head coach of a 364
546+high school in the state. 365
547+ (5)(4) FHSAA BOARD OF DIRECTORS.— 366
548+ (a) The executive authority of the FHSAA shall be ves ted 367
549+in its board of directors. Any entity that appoints members to 368
550+the board of directors shall examine the ethnic and demographic 369
551+composition of the board when selecting candidates for 370
552+appointment and shall, to the greatest extent possible, make 371
553+appointments that reflect state demographic and population 372
554+trends. The board of directors shall be composed of 16 persons, 373
555+as follows: 374
556+ 1. Four public member school representatives, one elected 375
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565565 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
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569- f.6. One member who is a current or retired head coach of 376
570-a high school in the state. 377
571- 2. An approved athletic association that does not rely on 378
572-the recommendations of the sports medicine advisory committee of 379
573-the FHSAA shall establish a sports medi cine advisory committee 380
574-whose membership satisfies the requirements of subparagraph 1. 381
575- (5)(4) FHSAA BOARD OF DIRECTORS.— 382
576- (a) The executive authority of the FHSAA shall be vested 383
577-in its board of directors. Any entity that appoints members to 384
578-the board of directors shall examine the ethnic and demographic 385
579-composition of the board when selecting candidates for 386
580-appointment and shall, to the greatest extent possible, make 387
581-appointments that reflect state demographic and population 388
582-trends. The board of directo rs shall be composed of 16 persons, 389
583-as follows: 390
584- 1. Four public member school representatives, one elected 391
585-from among its public school representative members within each 392
586-of the four administrative regions. 393
587- 2. Four nonpublic member school representative s, one 394
588-elected from among its nonpublic school representative members 395
589-within each of the four administrative regions. 396
590- 3. Three representatives appointed by the commissioner, 397
591-one appointed from the two northernmost administrative regions 398
592-and one appointed from the two southernmost administrative 399
593-regions. The third representative shall be appointed to balance 400
569+from among its public school representative members within each 376
570+of the four administrative regions. 377
571+ 2. Four nonpublic member school representatives, one 378
572+elected from among its nonpublic school representative members 379
573+within each of the four administrative regions. 380
574+ 3. Three representatives appointed by the commissioner, 381
575+one appointed from the two northernmost administrative regions 382
576+and one appointed from the two southernmost administrative 383
577+regions. The third representative shall be appointed to balance 384
578+the board for diversity or state population trends, or both. 385
579+ 4. Two district school superintendents, one elected from 386
580+the two northernmost administrative regions by the members in 387
581+those regions and one elected from the two southernmost 388
582+administrative regions by the members in those regions. 389
583+ 5. Two district school board mem bers, one elected from the 390
584+two northernmost administrative regions by the members in those 391
585+regions and one elected from the two southernmost administrative 392
586+regions by the members in those regions. 393
587+ 6. The commissioner or his or her designee from the 394
588+department executive staff. 395
589+ (b) A quorum of the board of directors shall consist of 396
590+nine members. 397
591+ (c) The board of directors shall elect a president and a 398
592+vice president from among its members. These officers shall also 399
593+serve as officers of the FHSAA. 400
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602602 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
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606-the board for diversity or state population trends, or both. 401
607- 4. Two district school superintendents, one elected from 402
608-the two northernmost administr ative regions by the members in 403
609-those regions and one elected from the two southernmost 404
610-administrative regions by the members in those regions. 405
611- 5. Two district school board members, one elected from the 406
612-two northernmost administrative regions by the memb ers in those 407
613-regions and one elected from the two southernmost administrative 408
614-regions by the members in those regions. 409
615- 6. The commissioner or his or her designee from the 410
616-department executive staff. 411
617- (b) A quorum of the board of directors shall consist of 412
618-nine members. 413
619- (c) The board of directors shall elect a president and a 414
620-vice president from among its members. These officers shall also 415
621-serve as officers of the FHSAA. 416
622- (d) Members of the board of directors shall serve terms of 417
623-3 years and are eligib le to succeed themselves only once. A 418
624-member of the board of directors, other than the commissioner or 419
625-his or her designee, may serve a maximum of 6 consecutive years. 420
626-The FHSAA's bylaws shall establish a rotation of terms to ensure 421
627-that a majority of the members' terms do not expire 422
628-concurrently. 423
629- (e) The authority and duties of the board of directors, 424
630-acting as a body and in accordance with the FHSAA's bylaws, are 425
606+ (d) Members of the board of directors shall serve terms of 401
607+3 years and are eligible to succeed themselves only once. A 402
608+member of the board of directors, other than the commissioner or 403
609+his or her designee, may serve a maximum of 6 consecutive years. 404
610+The FHSAA's bylaws shall establish a rotation of terms to ensure 405
611+that a majority of the members' terms do not expire 406
612+concurrently. 407
613+ (e) The authority and duties of the board of directors, 408
614+acting as a body and in accordance with the FHSAA's bylaws, are 409
615+as follows: 410
616+ 1. To act as the incorporated FHSAA's board of directors 411
617+and to fulfill its obligations as required by the FHSAA's 412
618+charter and articles of incorporation. 413
619+ 2. To establish such guidelines, regulations, policies, 414
620+and procedures as are authorized by the byl aws. 415
621+ 3. To employ an FHSAA executive director, who shall have 416
622+the authority to waive the bylaws of the FHSAA in order to 417
623+comply with statutory changes. 418
624+ 4. To levy annual dues and other fees and to set the 419
625+percentage of contest receipts to be collected by the FHSAA. 420
626+ 5. To approve the budget of the FHSAA. 421
627+ 6. To organize and conduct statewide interscholastic 422
628+competitions, which may or may not lead to state championships, 423
629+and to establish the terms and conditions for these 424
630+competitions. 425
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639639 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
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643-as follows: 426
644- 1. To act as the incorporated FHSAA's board of directors 427
645-and to fulfill its o bligations as required by the FHSAA's 428
646-charter and articles of incorporation. 429
647- 2. To establish such guidelines, regulations, policies, 430
648-and procedures as are authorized by the bylaws. 431
649- 3. To employ an FHSAA executive director, who shall have 432
650-the authority to waive the bylaws of the FHSAA in order to 433
651-comply with statutory changes. 434
652- 4. To levy annual dues and other fees and to set the 435
653-percentage of contest receipts to be collected by the FHSAA. 436
654- 5. To approve the budget of the FHSAA. 437
655- 6. To organize and co nduct statewide interscholastic 438
656-competitions, which may or may not lead to state championships, 439
657-and to establish the terms and conditions for these 440
658-competitions. 441
659- 7. To act as an administrative board in the interpretation 442
660-of, and final decision on, all qu estions and appeals arising 443
661-from the directing of interscholastic athletics of member 444
662-schools. 445
663- (6)(5) FHSAA REPRESENTATIVE ASSEMBLY. — 446
664- (a) The legislative authority of the FHSAA is vested in 447
665-its representative assembly. 448
666- (b) The representative assembly shall be composed of the 449
667-following: 450
643+ 7. To act as an administrative board in the interpretation 426
644+of, and final decision on, all questions and appeals arising 427
645+from the directing of interscholastic athletics of member 428
646+schools. 429
647+ (6)(5) FHSAA REPRESENTATIVE ASSEMBLY. — 430
648+ (a) The legislative authority of the FHSAA is vested in 431
649+its representative assembly. 432
650+ (b) The representative assembly shall be composed of the 433
651+following: 434
652+ 1. An equal number of member school representatives from 435
653+each of the four administrative regions. 436
654+ 2. Four district school superintende nts, one elected from 437
655+each of the four administrative regions by the district school 438
656+superintendents in their respective administrative regions. 439
657+ 3. Four district school board members, one elected from 440
658+each of the four administrative regions by the distri ct school 441
659+board members in their respective administrative regions. 442
660+ 4. The commissioner or his or her designee from the 443
661+department executive staff. 444
662+ (c) The FHSAA's bylaws shall establish the number of 445
663+member school representatives to serve in the repre sentative 446
664+assembly from each of the four administrative regions and shall 447
665+establish the method for their selection. 448
666+ (d) No member of the board of directors other than the 449
667+commissioner or his or her designee can serve in the 450
668668
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676676 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
677677
678678
679679
680- 1. An equal number of member school representatives from 451
681-each of the four administrative regions. 452
682- 2. Four district school superintendents, one elected from 453
683-each of the four administrative regions by the district sch ool 454
684-superintendents in their respective administrative regions. 455
685- 3. Four district school board members, one elected from 456
686-each of the four administrative regions by the district school 457
687-board members in their respective administrative regions. 458
688- 4. The commissioner or his or her designee from the 459
689-department executive staff. 460
690- (c) The FHSAA's bylaws shall establish the number of 461
691-member school representatives to serve in the representative 462
692-assembly from each of the four administrative regions and shall 463
693-establish the method for their selection. 464
694- (d) No member of the board of directors other than the 465
695-commissioner or his or her designee can serve in the 466
696-representative assembly. 467
697- (e) The representative assembly shall elect a chairperson 468
698-and a vice chairperson fro m among its members. 469
699- (f) Elected members of the representative assembly shall 470
700-serve terms of 2 years and are eligible to succeed themselves 471
701-for two additional terms. An elected member, other than the 472
702-commissioner or his or her designee, may serve a maxim um of 6 473
703-consecutive years in the representative assembly. 474
704- (g) A quorum of the representative assembly consists of 475
680+representative assembly. 451
681+ (e) The representative assembly shall elect a chairperson 452
682+and a vice chairperson from among its members. 453
683+ (f) Elected members of the representative assembly shall 454
684+serve terms of 2 years and are eligible to succeed themselves 455
685+for two additional terms. An elec ted member, other than the 456
686+commissioner or his or her designee, may serve a maximum of 6 457
687+consecutive years in the representative assembly. 458
688+ (g) A quorum of the representative assembly consists of 459
689+one more than half of its members. 460
690+ (h) The authority of t he representative assembly is 461
691+limited to its sole duty, which is to consider, adopt, or reject 462
692+any proposed amendments to the FHSAA's bylaws. 463
693+ (i) The representative assembly shall meet as a body 464
694+annually. A two-thirds majority of the votes cast by member s 465
695+present is required for passage of any proposal. 466
696+ (8)(7) APPEALS.— 467
697+ (a) Each approved athletic association the FHSAA shall 468
698+establish a procedure of due process which ensures each student 469
699+the opportunity to appeal an unfavorable ruling with regard to 470
700+his or her eligibility to compete. The initial appeal shall be 471
701+made to a committee on appeals within the administrative region 472
702+in which the student lives. The approved athletic association's 473
703+FHSAA's bylaws shall establish the number, size, and composition 474
704+of each committee on appeals. 475
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713713 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
714714
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717-one more than half of its members. 476
718- (h) The authority of the representative assembly is 477
719-limited to its sole duty, which is to consider, ado pt, or reject 478
720-any proposed amendments to the FHSAA's bylaws. 479
721- (i) The representative assembly shall meet as a body 480
722-annually. A two-thirds majority of the votes cast by members 481
723-present is required for passage of any proposal. 482
724- (8)(7) APPEALS.— 483
725- (a) Each approved athletic association the FHSAA shall 484
726-establish a procedure of due process which ensures each student 485
727-the opportunity to appeal an unfavorable ruling with regard to 486
728-his or her eligibility to compete. The initial appeal shall be 487
729-made to a committee on appeals within the administrative region 488
730-in which the student lives. The approved athletic association's 489
731-FHSAA's bylaws shall establish the number, size, and composition 490
732-of each committee on appeals. 491
733- (b) No member of the board of directors is eligible to 492
734-serve on a committee on appeals. 493
735- (c) Members of a committee on appeals shall serve terms of 494
736-3 years and are eligible to succeed themselves only once. A 495
737-member of a committee on appeals may serve a maximum of 6 496
738-consecutive years. The approved athletic association's FHSAA's 497
739-bylaws shall establish a rotation of terms to ensure that a 498
740-majority of the members' terms do not expire concurrently. 499
741- (d) The authority and duties of a committee on appeals 500
717+ (b) No member of the board of directors is eligible to 476
718+serve on a committee on appeals. 477
719+ (c) Members of a committee on appeals shall serve terms of 478
720+3 years and are eligible to succeed themselves only once. A 479
721+member of a committee on appeals may serve a maximum of 6 480
722+consecutive years. The approved athletic association's FHSAA's 481
723+bylaws shall establish a rotation of terms to ensure that a 482
724+majority of the members' terms do not expire concurrently. 483
725+ (d) The authority and duties of a committee on appeals 484
726+shall be to consider requests by member schools seeking 485
727+exceptions to bylaws and regulations, to hear undue hardship 486
728+eligibility cases filed by member schools on behalf of student 487
729+athletes, and to hear appeals filed by member school s or student 488
730+athletes. 489
731+ (e) A student athlete or member school that receives an 490
732+unfavorable ruling from a committee on appeals shall be entitled 491
733+to appeal that decision to the board of directors at its next 492
734+regularly scheduled meeting or called meeting. T he board of 493
735+directors shall have the authority to uphold, reverse, or amend 494
736+the decision of the committee on appeals. In all such cases, the 495
737+decision of the board of directors shall be final. 496
738+ (f) The approved athletic association FHSAA shall expedite 497
739+the appeals process on determinations of ineligibility so that 498
740+disposition of the appeal can be made before the end of the 499
741+applicable sports season, if possible. 500
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750750 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
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754-shall be to consider requests by member schools seeking 501
755-exceptions to bylaws and regulations, to hear undue hardship 502
756-eligibility cases filed by member schools on behalf of student 503
757-athletes, and to hear appeals filed by member schools or student 504
758-athletes. 505
759- (e) A student athlete or member school that receives an 506
760-unfavorable ruling from a committee on appeals shall be entitled 507
761-to appeal that decision to the board of directors at its next 508
762-regularly scheduled meeting or called meeting. The board of 509
763-directors shall have the authority to uphold, reverse, or amend 510
764-the decision of the committee on appeals. In all such cases, the 511
765-decision of the board of directors shall be final. 512
766- (f) The approved athletic association FHSAA shall expedite 513
767-the appeals process on determinations of ineligibility so that 514
768-disposition of the ap peal can be made before the end of the 515
769-applicable sports season, if possible. 516
770- (g) In any appeal from a decision on eligibility made by 517
771-the executive director or a designee, a school or student 518
772-athlete filing the appeal must be permitted to present 519
773-information and evidence that was not available at the time of 520
774-the initial determination or if the determination was not made 521
775-by an unbiased, objective individual using a process allowing 522
776-full due process rights to be heard and to present evidence. If 523
777-evidence is presented on appeal, a de novo decision must be made 524
778-by the committee or board hearing the appeal, or the 525
754+ (g) In any appeal from a decision on eligibility made by 501
755+the executive director or a designee, a school or student 502
756+athlete filing the appeal must be permitted to present 503
757+information and evidence that was not available at the time of 504
758+the initial determination or if the determination was not made 505
759+by an unbiased, objective individual using a process al lowing 506
760+full due process rights to be heard and to present evidence. If 507
761+evidence is presented on appeal, a de novo decision must be made 508
762+by the committee or board hearing the appeal, or the 509
763+determination may be suspended and the matter remanded for a new 510
764+determination based on all the evidence. If a de novo decision 511
765+is made on appeal, the decision must be made in writing, setting 512
766+forth the findings of fact and specific violation upon which the 513
767+decision is based. If a de novo decision is not required, the 514
768+decision appealed must be set aside if the decision on 515
769+ineligibility was not based on clear and convincing evidence. 516
770+Any further appeal shall be considered on a record that includes 517
771+all evidence presented. 518
772+ (9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school 519
773+representative, the board of directors acting as a whole or as 520
774+members acting individually, any advisory committee acting as a 521
775+whole to be established by the FHSAA, and the FHSAA's executive 522
776+director are empowered to propose amendments to the bylaws. Any 523
777+other individual may propose an amendment by securing the 524
778+sponsorship of any of the aforementioned individuals or bodies. 525
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787787 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
788788
789789
790790
791-determination may be suspended and the matter remanded for a new 526
792-determination based on all the evidence. If a de novo decision 527
793-is made on appeal, t he decision must be made in writing, setting 528
794-forth the findings of fact and specific violation upon which the 529
795-decision is based. If a de novo decision is not required, the 530
796-decision appealed must be set aside if the decision on 531
797-ineligibility was not based o n clear and convincing evidence. 532
798-Any further appeal shall be considered on a record that includes 533
799-all evidence presented. 534
800- (9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school 535
801-representative, the board of directors acting as a whole or as 536
802-members acting individually, any advisory committee acting as a 537
803-whole to be established by the FHSAA, and the FHSAA's executive 538
804-director are empowered to propose amendments to the bylaws. Any 539
805-other individual may propose an amendment by securing the 540
806-sponsorship of any of the aforementioned individuals or bodies. 541
807-All proposed amendments must be submitted directly to the 542
808-representative assembly for its consideration. The 543
809-representative assembly, while empowered to adopt, reject, or 544
810-revise proposed amendments, may not, in and of itself, as a body 545
811-be allowed to propose any amendment for its own consideration. 546
812- Section 2. Paragraphs (c) and (e) of subsection (3), 547
813-subsection (8), and paragraph (a) of subsection (9) of section 548
814-1006.15, Florida Statutes, are amended, and subsect ion (10) is 549
815-added to that section, to read: 550
791+All proposed amendments must be submitted directly to the 526
792+representative assembly for its consideration. The 527
793+representative assembly, while empowered to adopt, reject, or 528
794+revise proposed amendments, may not, in and of itself, as a body 529
795+be allowed to propose any amendment for its own consideration. 530
796+ Section 2. Paragraphs (c) and (e) of subsection (3), 531
797+subsection (8), and paragraph (a) of subsection (9) of section 532
798+1006.15, Florida Statutes, are amended, and subsection (10) is 533
799+added to that section, to read: 534
800+ 1006.15 Student standards for participation in 535
801+interscholastic and intrascholastic extracurricular student 536
802+activities; regulation .— 537
803+ (3)(c) An individual home education student is eligible to 538
804+participate at any the public school in the school district in 539
805+which the student resides to which the student would be assigned 540
806+according to district school board attendance area policies or 541
807+which the student could choose to attend pursuant to s. 1002.31, 542
808+or may develop an agreement to participate at a private school, 543
809+in the interscholastic extracurricular activities of that 544
810+school, provided the following conditions are met: 545
811+ 1. The home education student must meet the requirements 546
812+of the home education program pursuant to s. 1002.41. 547
813+ 2. During the period of participation at a school, the 548
814+home education student must demonstrate educational progress as 549
815+required in paragraph (b) in all sub jects taken in the home 550
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824824 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
825825
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828- 1006.15 Student standards for participation in 551
829-interscholastic and intrascholastic extracurricular student 552
830-activities; regulation. — 553
831- (3)(c) An individual home education student is eligible to 554
832-participate at any the public school in the school district in 555
833-which the student resides to which the student would be assigned 556
834-according to district school board attendance area policies or 557
835-which the student could choose to attend pursuant to s. 1002.31, 558
836-or may develop an agreement to participate at a private school, 559
837-in the interscholastic extracurricular activities of that 560
838-school, provided the following conditions are met: 561
839- 1. The home education student must meet the requirements 562
840-of the home education program pursuant to s. 1002.41. 563
841- 2. During the period of participation at a school, the 564
842-home education student must demonstrate educational progress as 565
843-required in paragraph (b) in all subjects taken in the home 566
844-education program by a method of evaluation agreed upon by the 567
845-parent and the school principal which may include: review of the 568
846-student's work by a certified teacher chosen by the parent; 569
847-grades earned through correspondence; grades earned in courses 570
848-taken at a Florida College System institution, university, or 571
849-trade school; standardized test scores above the 35th 572
850-percentile; or any other method designated in s. 1002.41. 573
851- 3. The home education student must meet the same residency 574
852-requirements as other students in the school at which he or she 575
828+education program by a method of evaluation agreed upon by the 551
829+parent and the school principal which may include: review of the 552
830+student's work by a certified teacher chosen by the parent; 553
831+grades earned through correspondence; grades earned in courses 554
832+taken at a Florida College System institution, university, or 555
833+trade school; standardized test scores above the 35th 556
834+percentile; or any other method designated in s. 1002.41. 557
835+ 3. The home education student must meet the same residency 558
836+requirements as other students in the school at which he or she 559
837+participates. 560
838+ 4. The home education student must meet the same standards 561
839+of acceptance, behavior, and performance as required of other 562
840+students in extracurricular activities. 563
841+ 5. The student must register with the school his or her 564
842+intent to participate in interscholastic extracurricular 565
843+activities as a representative of the school before 566
844+participation. A home education student must be able to 567
845+participate in curricular activities if that is a requirement 568
846+for an extracurricular activity. 569
847+ 6. A student who transfers from a home education program 570
848+to a public school before or during the first grading period of 571
849+the school year is academically eligible to participate in 572
850+interscholastic extracurricul ar activities during the first 573
851+grading period provided the student has a successful evaluation 574
852+from the previous school year, pursuant to subparagraph 2. 575
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861861 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
862862
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865-participates. 576
866- 4. The home education student must meet the same standards 577
867-of acceptance, behavior, and performance as required of other 578
868-students in extracurricular activities. 579
869- 5. The student must register with the school his or her 580
870-intent to participate in interscholastic extracurricular 581
871-activities as a representative of the school before 582
872-participation. A home education student must be able to 583
873-participate in curricular activities if that is a requirement 584
874-for an extracurricular activity. 585
875- 6. A student who transfers from a h ome education program 586
876-to a public school before or during the first grading period of 587
877-the school year is academically eligible to participate in 588
878-interscholastic extracurricular activities during the first 589
879-grading period provided the student has a successfu l evaluation 590
880-from the previous school year, pursuant to subparagraph 2. 591
881- 7. Any public school or private school student who has 592
882-been unable to maintain academic eligibility for participation 593
883-in interscholastic extracurricular activities is ineligible to 594
884-participate in such activities as a home education student until 595
885-the student has successfully completed one grading period in 596
886-home education pursuant to subparagraph 2. to become eligible to 597
887-participate as a home education student. 598
888- 8. The roster for the s pecific interscholastic activity in 599
889-which the home education student would like to participate has 600
865+ 7. Any public school or private school student who has 576
866+been unable to maintain academic eligibility for participation 577
867+in interscholastic extracurricular activities is ineligible to 578
868+participate in such activities as a home education student until 579
869+the student has successfully completed one grading period in 580
870+home education pursuant to subparagraph 2. to bec ome eligible to 581
871+participate as a home education student. 582
872+ 8. The roster for the specific interscholastic activity in 583
873+which the home education student would like to participate has 584
874+not reached the activity's identified maximum size and the coach 585
875+or sponsor for the activity determines that the home education 586
876+student has the requisite skill and ability to participate. 587
877+ (e) A student of the Florida Virtual School full -time 588
878+program may participate in any interscholastic extracurricular 589
879+activity at any the public school in the school district in 590
880+which the student resides to which the student would be assigned 591
881+according to district school board attendance area policies or 592
882+which the student could choose to attend pursuant to s. 1002.31 593
883+if the student: 594
884+ 1. During the period of participation in the 595
885+interscholastic extracurricular activity, the student meets the 596
886+requirements in paragraph (a). 597
887+ 2. The student meets any additional requirements as 598
888+determined by the board of trustees of the Florida Virtual 599
889+School. 600
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898898 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
899899
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901901
902-not reached the activity's identified maximum size and the coach 601
903-or sponsor for the activity determines that the home education 602
904-student has the requisite ski ll and ability to participate. 603
905- (e) A student of the Florida Virtual School full -time 604
906-program may participate in any interscholastic extracurricular 605
907-activity at any the public school in the school district in 606
908-which the student resides to which the student would be assigned 607
909-according to district school board attendance area policies or 608
910-which the student could choose to attend pursuant to s. 1002.31 609
911-if the student: 610
912- 1. During the period of participation in the 611
913-interscholastic extracurricular activity, the student meets the 612
914-requirements in paragraph (a). 613
915- 2. The student meets any additional requirements as 614
916-determined by the board of trustees of the Florida Virtual 615
917-School. 616
918- 3. The student meets the same residency requirements as 617
919-other students in the school at which he or she participates. 618
920- 4. The student meets the same standards of acceptance, 619
921-behavior, and performance that are required of other students in 620
922-extracurricular activities. 621
923- 5. The student registers his or her intent to participate 622
924-in interscholastic extracurricular activities with the school 623
925-before participation. A Florida Virtual school student must be 624
926-able to participate in curricular activities if that is a 625
902+ 3. The student meets the same residency requirements as 601
903+other students in the school at which he or she participates. 602
904+ 4. The student meets the same standards of acceptance, 603
905+behavior, and performance that are required of other students in 604
906+extracurricular activities. 605
907+ 5. The student registers his or her intent to participate 606
908+in interscholastic extracurricular activities with the school 607
909+before participation. A Florida Virtual school student must be 608
910+able to participate in curricular activities if that is a 609
911+requirement for an extracurricular activity. 610
912+ 6. The roster for the specific interscholastic activity in 611
913+which the student would like to participate has not reached the 612
914+activity's identified maximum size and the coach or sponsor for 613
915+the activity determines th at the student has the requisite skill 614
916+and ability to participate. 615
917+ (8)(a) Each approved athletic association under s. 1006.20 616
918+the Florida High School Athletic Association (FHSAA) , in 617
919+cooperation with each district school board and member private 618
920+school, shall facilitate a program in which a middle school or 619
921+high school student who attends a private school shall be 620
922+eligible to participate in an interscholastic or intrascholastic 621
923+sport at a member public high school, a member public middle 622
924+school, or a member 6-12 public school, or a member private 623
925+school, as appropriate for the private school student's grade 624
926+level to which the student would be assigned according to 625
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936936
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939-requirement for an extracurricular activity. 626
940- 6. The roster for the specific intersch olastic activity in 627
941-which the student would like to participate has not reached the 628
942-activity's identified maximum size and the coach or sponsor for 629
943-the activity determines that the student has the requisite skill 630
944-and ability to participate. 631
945- (8)(a) Each approved athletic association under s. 1006.20 632
946-the Florida High School Athletic Association (FHSAA) , in 633
947-cooperation with each district school board and member private 634
948-school, shall facilitate a program in which a middle school or 635
949-high school student who att ends a private school shall be 636
950-eligible to participate in an interscholastic or intrascholastic 637
951-sport at a member public high school, a member public middle 638
952-school, or a member 6-12 public school, or a member private 639
953-school, as appropriate for the private school student's grade 640
954-level to which the student would be assigned according to 641
955-district school board attendance area policies and procedures or 642
956-which the student could choose to attend pursuant to s. 1002.31, 643
957-provided the public school has not reached ca pacity as 644
958-determined by the district school board , if: 645
959- 1. The private school in which the student is enrolled is 646
960-not a member of the association FHSAA. 647
961- 2. The private school student meets the guidelines for the 648
962-conduct of the program established by the association's FHSAA's 649
963-board of directors and the district school board or member 650
939+district school board attendance area policies and procedures or 626
940+which the student could choo se to attend pursuant to s. 1002.31, 627
941+provided the public school has not reached capacity as 628
942+determined by the district school board , if: 629
943+ 1. The private school in which the student is enrolled is 630
944+not a member of the association FHSAA. 631
945+ 2. The private school student meets the guidelines for the 632
946+conduct of the program established by the association's FHSAA's 633
947+board of directors and the district school board or member 634
948+private school. At a minimum, such guidelines shall provide : 635
949+ a. a deadline for each sport by which the private school 636
950+student's parents must register with the member public school in 637
951+writing their intent for their child to participate at that 638
952+school in the sport. 639
953+ 3. The roster for the specific interscholastic or 640
954+intrascholastic sport in which the private school student would 641
955+like to participate has not reached the sport's identified 642
956+maximum size and the coach for the sport determines that the 643
957+private school student has the requisite skill and ability to 644
958+participate. 645
959+ b. Requirements for a pri vate school student to 646
960+participate, including, but not limited to, meeting the same 647
961+standards of eligibility, acceptance, behavior, educational 648
962+progress, and performance which apply to other students 649
963+participating in interscholastic or intrascholastic spor ts at a 650
964964
965-CS/CS/HB 443 2022
965+CS/HB 443 2022
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972972 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
973973
974974
975975
976-private school. At a minimum, such guidelines shall provide : 651
977- a. a deadline for each sport by which the private school 652
978-student's parents must register with the member public school in 653
979-writing their intent for their child to participate at that 654
980-school in the sport. 655
981- 3. The roster for the specific interscholastic or 656
982-intrascholastic sport in which the private school student would 657
983-like to participate has not reached the sport's identified 658
984-maximum size and the coach for the sport determines that the 659
985-private school student has the requisite skill and ability to 660
986-participate. 661
987- b. Requirements for a private school student to 662
988-participate, including, but not limited to, meeting the sam e 663
989-standards of eligibility, acceptance, behavior, educational 664
990-progress, and performance which apply to other students 665
991-participating in interscholastic or intrascholastic sports at a 666
992-public school or FHSAA member private school. 667
993- (b) The parents of a priva te school student participating 668
994-in a member public school sport under this subsection are 669
995-responsible for transporting their child to and from the member 670
996-public school at which the student participates. The private 671
997-school the student attends, the member public school at which 672
998-the student participates in a sport, the district school board, 673
999-and the association FHSAA are exempt from civil liability 674
1000-arising from any injury that occurs to the student during such 675
976+public school or FHSAA member private school. 651
977+ (b) The parents of a private school student participating 652
978+in a member public school sport under this subsection are 653
979+responsible for transporting their child to and from the member 654
980+public school at which the student participates. The private 655
981+school the student attends, the member public school at which 656
982+the student participates in a sport, the district school board, 657
983+and the association FHSAA are exempt from civil liability 658
984+arising from any injury that oc curs to the student during such 659
985+transportation. 660
986+ (c) For each academic year, a private school student may 661
987+only participate at the member public school in which the 662
988+student is first registered under subparagraph (a)2. sub-663
989+subparagraph (a)2.a. or makes himself or herself a candidate for 664
990+an athletic team by engaging in a practice. 665
991+ (d) The athletic director of each participating 666
992+association FHSAA member public school shall maintain the 667
993+student records necessary for eligibility, compliance, and 668
994+participation in the program. 669
995+ (e) Any nonmember non-FHSAA member private school that has 670
996+a student who wishes to participate in this program must make 671
997+all student records, including, but not limited to, academic, 672
998+financial, disciplinary, and attendance r ecords, available upon 673
999+request of the association FHSAA. 674
1000+ (f) A student must apply to participate in this program 675
10011001
1002-CS/CS/HB 443 2022
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10041004
10051005
10061006 CODING: Words stricken are deletions; words underlined are additions.
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10091009 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
10101010
10111011
10121012
1013-transportation. 676
1014- (c) For each academic year, a pr ivate school student may 677
1015-only participate at the member public school in which the 678
1016-student is first registered under subparagraph (a)2. sub-679
1017-subparagraph (a)2.a. or makes himself or herself a candidate for 680
1018-an athletic team by engaging in a practice. 681
1019- (d) The athletic director of each participating 682
1020-association FHSAA member public school shall maintain the 683
1021-student records necessary for eligibility, compliance, and 684
1022-participation in the program. 685
1023- (e) Any nonmember non-FHSAA member private school that has 686
1024-a student who wishes to participate in this program must make 687
1025-all student records, including, but not limited to, academic, 688
1026-financial, disciplinary, and attendance records, available upon 689
1027-request of the association FHSAA. 690
1028- (f) A student must apply to participa te in this program 691
1029-through the association's FHSAA program application process. 692
1030- (g) Only students who are enrolled in non-FHSAA member 693
1031-private schools consisting of 125 students or fewer are eligible 694
1032-to participate in the program in any given academic ye ar. 695
1033- (9)(a) A student who transfers to a school during the 696
1034-school year may seek to immediately join an existing team if the 697
1035-roster for the specific interscholastic or intrascholastic 698
1036-extracurricular activity has not reached the activity's 699
1037-identified maximum size and if the coach for the activity 700
1013+through the association's FHSAA program application process. 676
1014+ (g) Only students who are enrolled in non-FHSAA member 677
1015+private schools consist ing of 125 students or fewer are eligible 678
1016+to participate in the program in any given academic year. 679
1017+ (9)(a) A student who transfers to a school during the 680
1018+school year may seek to immediately join an existing team if the 681
1019+roster for the specific interschola stic or intrascholastic 682
1020+extracurricular activity has not reached the activity's 683
1021+identified maximum size and if the coach for the activity 684
1022+determines that the student has the requisite skill and ability 685
1023+to participate. The approved athletic association unde r s. 686
1024+1006.20 FHSAA and school district or charter school may not 687
1025+declare such a student ineligible because the student did not 688
1026+have the opportunity to comply with qualifying requirements. 689
1027+ (10) A student who is participating in an interscholastic 690
1028+or intrascholastic activity at a public school and who transfers 691
1029+from the school during the school year must be permitted to 692
1030+continue to participate in the activity at the school from which 693
1031+he or she transferred for the remainder of the school year if: 694
1032+ (a) During the period of participation in the activity, 695
1033+the student continues to meet the requirements in paragraph 696
1034+(3)(a). 697
1035+ (b) The student continues to meet the same standards of 698
1036+acceptance, behavior, and performance that are required of other 699
1037+students participating in the activity, except for enrollment 700
10381038
1039-CS/CS/HB 443 2022
1039+CS/HB 443 2022
10401040
10411041
10421042
10431043 CODING: Words stricken are deletions; words underlined are additions.
1044-hb0443-02-c2
1045-Page 29 of 41
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10461046 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
10471047
10481048
10491049
1050-determines that the student has the requisite skill and ability 701
1051-to participate. The approved athletic association under s. 702
1052-1006.20 FHSAA and school district or charter school may not 703
1053-declare such a student ineligib le because the student did not 704
1054-have the opportunity to comply with qualifying requirements. 705
1055- (10) A student who is participating in an interscholastic 706
1056-or intrascholastic activity at a public school and who transfers 707
1057-from the school during the school year must be permitted to 708
1058-continue to participate in the activity at the school from which 709
1059-he or she transferred for the remainder of the school year if: 710
1060- (a) During the period of participation in the activity, 711
1061-the student continues to meet the requirements in paragraph 712
1062-(3)(a). 713
1063- (b) The student continues to meet the same standards of 714
1064-acceptance, behavior, and performance that are required of other 715
1065-students participating in the activity, except for enrollment 716
1066-requirements at the school at which the student part icipates. 717
1067- (c) The parents of the student participating in the 718
1068-activity provide for the transportation of the student to and 719
1069-from the school at which the student participates. The school 720
1070-the student attends, the school at which the student 721
1071-participates in the activity, and the district school board are 722
1072-exempt from civil liability arising from any injury that occurs 723
1073-to the student during such transportation. 724
1074- Section 3. Section 1006.185, Florida Statutes, is created 725
1050+requirements at the school at which the student participates. 701
1051+ (c) The parents of the student participating in the 702
1052+activity provide for the transportation of the student to and 703
1053+from the school at which the stude nt participates. The school 704
1054+the student attends, the school at which the student 705
1055+participates in the activity, and the district school board are 706
1056+exempt from civil liability arising from any injury that occurs 707
1057+to the student during such transportation. 708
1058+ Section 3. Subsection (3) of section 768.135, Florida 709
1059+Statutes, is amended to read: 710
1060+ 768.135 Volunteer team physicians; immunity. — 711
1061+ (3) A practitioner licensed under chapter 458, chapter 712
1062+459, chapter 460, or s. 464.012 or registered under s. 464.0123 713
1063+who gratuitously and in good faith conducts an evaluation 714
1064+pursuant to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for 715
1065+any civil damages arising from that evaluation unless the 716
1066+evaluation was conducted in a wrongful manner. 717
1067+ Section 4. Subsection (17) of section 1002.20, Florida 718
1068+Statutes, is amended to read: 719
1069+ 1002.20 K-12 student and parent rights. —Parents of public 720
1070+school students must receive accurate and timely information 721
1071+regarding their child's academic progress and must be informed 722
1072+of ways they can help their child to succeed in school. K -12 723
1073+students and their parents are afforded numerous statutory 724
1074+rights including, but not li mited to, the following: 725
10751075
1076-CS/CS/HB 443 2022
1076+CS/HB 443 2022
10771077
10781078
10791079
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10831083 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
10841084
10851085
10861086
1087-to read: 726
1088- 1006.185 Opening remarks at high school athletic 727
1089-contests.—Each approved athletic association under s. 1006.20 728
1090-whose membership includes public schools shall adopt bylaws, 729
1091-policies, or procedures that provide each school participating 730
1092-in a high school championship contest, or series of contests, 731
1093-under the direction and supervision of the association, the 732
1094-opportunity to make brief opening remarks, if requested by the 733
1095-school, using the public address system at the event. Such 734
1096-remarks may not be longer than 2 minutes per school. The 735
1097-athletic association may not control, monitor, or review the 736
1098-content of the opening remarks and may not control the school's 737
1099-choice of speaker. Before the opening remarks, an announcement 738
1100-must be made that the content of any opening remarks by a 739
1101-participating school are not endorsed by and do not reflect the 740
1102-views and opinions of the athletic association. The decision to 741
1103-allow opening remarks before regular season contests is at the 742
1104-discretion of each school. 743
1105- Section 4. Subsection (3) of section 768.135, F lorida 744
1106-Statutes, is amended to read: 745
1107- 768.135 Volunteer team physicians; immunity. — 746
1108- (3) A practitioner licensed under chapter 458, chapter 747
1109-459, chapter 460, or s. 464.012 or registered under s. 464.0123 748
1110-who gratuitously and in good faith conducts an eva luation 749
1111-pursuant to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for 750
1087+ (17) ATHLETICS; PUBLIC HIGH SCHOOL. — 726
1088+ (a) Eligibility.—Eligibility requirements for all students 727
1089+participating in high school athletic competition must allow a 728
1090+student to be immediately eligible in the school in which he or 729
1091+she first enrolls each school year, the school in which the 730
1092+student makes himself or herself a candidate for an athletic 731
1093+team by engaging in practice before enrolling, or the school to 732
1094+which the student has transferred, in accordance with s. 733
1095+1006.20(3)(a) s. 1006.20(2)(a). 734
1096+ (b) Medical evaluation. —Students must satisfactorily pass 735
1097+a medical evaluation each year before participating in 736
1098+athletics, unless the parent objects in writing based on 737
1099+religious tenets or practices, in accordance with s. 738
1100+1006.20(3)(d) the provisions of s. 1006.20(2)(d) . 739
1101+ Section 5. Subsection (8) of section 1002.42, Florida 740
1102+Statutes, is amended to read: 741
1103+ 1002.42 Private schools. — 742
1104+ (8) ATHLETIC COMPETITION. —A private school may participate 743
1105+in athletic competition with a public high sch ool by joining any 744
1106+approved athletic association in accordance with s. 1006.20 the 745
1107+provisions of s. 1006.20(1) . 746
1108+ Section 6. Paragraph (a) of subsection (1) and paragraph 747
1109+(a) of subsection (2) of section 1006.165, Florida Statutes, are 748
1110+amended to read: 749
1111+ 1006.165 Well-being of students participating in 750
11121112
1113-CS/CS/HB 443 2022
1113+CS/HB 443 2022
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11151115
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11201120 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
11211121
11221122
11231123
1124-any civil damages arising from that evaluation unless the 751
1125-evaluation was conducted in a wrongful manner. 752
1126- Section 5. Subsection (17) of section 1002.20, Florida 753
1127-Statutes, is amended to read: 754
1128- 1002.20 K-12 student and parent rights. —Parents of public 755
1129-school students must receive accurate and timely information 756
1130-regarding their child's academic progress and must be informed 757
1131-of ways they can help their child to succeed in school. K -12 758
1132-students and their parents are afforded numerous statutory 759
1133-rights including, but not limited to, the following: 760
1134- (17) ATHLETICS; PUBLIC HIGH SCHOOL. — 761
1135- (a) Eligibility.—Eligibility requirements for all students 762
1136-participating in high school athletic competi tion must allow a 763
1137-student to be immediately eligible in the school in which he or 764
1138-she first enrolls each school year, the school in which the 765
1139-student makes himself or herself a candidate for an athletic 766
1140-team by engaging in practice before enrolling, or the school to 767
1141-which the student has transferred, in accordance with s. 768
1142-1006.20(3)(a) s. 1006.20(2)(a). 769
1143- (b) Medical evaluation. —Students must satisfactorily pass 770
1144-a medical evaluation each year before participating in 771
1145-athletics, unless the parent objects in w riting based on 772
1146-religious tenets or practices, in accordance with s. 773
1147-1006.20(3)(d) the provisions of s. 1006.20(2)(d) . 774
1148- Section 6. Subsection (8) of section 1002.42, Florida 775
1124+extracurricular activities; training. — 751
1125+ (1)(a) Each public school that is a member of any approved 752
1126+athletic association under s. 1006.20 the Florida High School 753
1127+Athletic Association (FHSAA) must have an operational automated 754
1128+external defibrillator on the school grounds. The defibrillator 755
1129+must be available in a clearly marked and publicized location 756
1130+for each athletic contest, practice, workout, or conditioning 757
1131+session, including those conducted outside of th e school year. 758
1132+Public and private partnerships are encouraged to cover the cost 759
1133+associated with the purchase and placement of the defibrillator 760
1134+and training in the use of the defibrillator. 761
1135+ (2)(a) In order to better protect student athletes 762
1136+participating in athletics during hot weather and avoid 763
1137+preventable injury or death, each approved athletic association 764
1138+under s. 1006.20 the FHSAA shall: 765
1139+ 1. Make training and resources available to each member 766
1140+school for the effective monitoring of heat stress. 767
1141+ 2. Establish guidelines for monitoring heat stress and 768
1142+identify heat stress levels at which a school must make a 769
1143+cooling zone available for each outdoor athletic contest, 770
1144+practice, workout, or conditioning session. Heat stress must be 771
1145+determined by measuring the ambient temperature, humidity, wind 772
1146+speed, sun angle, and cloud cover at the site of the athletic 773
1147+activity. 774
1148+ 3. Require member schools to monitor heat stress and 775
11491149
1150-CS/CS/HB 443 2022
1150+CS/HB 443 2022
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11571157 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
11581158
11591159
11601160
1161-Statutes, is amended to read: 776
1162- 1002.42 Private schools. — 777
1163- (8) ATHLETIC COMPET ITION.—A private school may participate 778
1164-in athletic competition with a public high school by joining any 779
1165-approved athletic association in accordance with s. 1006.20 the 780
1166-provisions of s. 1006.20(1) . 781
1167- Section 7. Paragraph (a) of subsection (1) and paragraph 782
1168-(a) of subsection (2) of section 1006.165, Florida Statutes, are 783
1169-amended to read: 784
1170- 1006.165 Well-being of students participating in 785
1171-extracurricular activities; training. — 786
1172- (1)(a) Each public school that is a member of any approved 787
1173-athletic association under s. 1006.20 the Florida High School 788
1174-Athletic Association (FHSAA) must have an operational automated 789
1175-external defibrillator on the school grounds. The defibrillator 790
1176-must be available in a clearly marked and publicized location 791
1177-for each athletic contest, practice, workout, or conditioning 792
1178-session, including those conducted outside of the school year. 793
1179-Public and private partnerships are encouraged to cover the cost 794
1180-associated with the purchase and placement of the defibrillator 795
1181-and training in the use of the defibrillator. 796
1182- (2)(a) In order to better protect student athletes 797
1183-participating in athletics during hot weather and avoid 798
1184-preventable injury or death, each approved athletic association 799
1185-under s. 1006.20 the FHSAA shall: 800
1161+modify athletic activities, including suspending or moving 776
1162+activities, based on the heat stress guidelines. 777
1163+ 4. Establish hydration guidelines, including appropriate 778
1164+introduction of electrolytes after extended activities or when a 779
1165+student participates in multiple activities in a day. 780
1166+ 5. Establish requirements for cooling zones, including, a t 781
1167+a minimum, the immediate availability of cold -water immersion 782
1168+tubs or equivalent means to rapidly cool internal body 783
1169+temperature when a student exhibits symptoms of exertional heat 784
1170+stroke and the presence of an employee or volunteer trained to 785
1171+implement cold-water immersion. 786
1172+ 6. Require each school's emergency action plan, as 787
1173+required by the association FHSAA, to include a procedure for 788
1174+onsite cooling using cold -water immersion or equivalent means 789
1175+before a student is transported to a hospital for exertio nal 790
1176+heat stroke. 791
1177+ 792
1178+The requirements of this paragraph apply year -round. 793
1179+ Section 7. Section 1006.18, Florida Statutes, is amended 794
1180+to read: 795
1181+ 1006.18 Cheerleader safety standards. —Each approved 796
1182+athletic association under s. 1006.20 the Florida High School 797
1183+Athletic Association or successor organization shall adopt 798
1184+statewide uniform safety standards for student cheerleaders and 799
1185+spirit groups that participate in any school activity or 800
11861186
1187-CS/CS/HB 443 2022
1187+CS/HB 443 2022
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11891189
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11941194 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
11951195
11961196
11971197
1198- 1. Make training and resources available to each member 801
1199-school for the effective monitoring of heat stress. 802
1200- 2. Establish guidelines for monitoring heat stress and 803
1201-identify heat stress levels at which a school must make a 804
1202-cooling zone available for each outdoor athletic cont est, 805
1203-practice, workout, or conditioning session. Heat stress must be 806
1204-determined by measuring the ambient temperature, humidity, wind 807
1205-speed, sun angle, and cloud cover at the site of the athletic 808
1206-activity. 809
1207- 3. Require member schools to monitor heat stress and 810
1208-modify athletic activities, including suspending or moving 811
1209-activities, based on the heat stress guidelines. 812
1210- 4. Establish hydration guidelines, including appropriate 813
1211-introduction of electrolytes after extended activities or when a 814
1212-student participates in multiple activities in a day. 815
1213- 5. Establish requirements for cooling zones, including, at 816
1214-a minimum, the immediate availability of cold -water immersion 817
1215-tubs or equivalent means to rapidly cool internal body 818
1216-temperature when a student exhibits symptoms of exertional heat 819
1217-stroke and the presence of an employee or volunteer trained to 820
1218-implement cold-water immersion. 821
1219- 6. Require each school's emergency action plan, as 822
1220-required by the association FHSAA, to include a procedure for 823
1221-onsite cooling using cold -water immersion or equivalent means 824
1222-before a student is transported to a hospital for exertional 825
1198+extracurricular student activity , if applicable. Such approved 801
1199+athletic association the Florida High School Athletic 802
1200+Association or successor organization shall adopt the "Official 803
1201+High School Spirit Rules," published by the National Federation 804
1202+of State High School Associations, as the statewide uniform 805
1203+safety standards. 806
1204+ Section 8. Paragraph (a) of subsection (1) and subsection 807
1205+(2) of section 1006.195, Florida Statutes, are amended to read: 808
1206+ 1006.195 District school board, charter school authority 809
1207+and responsibility to establish student eligibility regarding 810
1208+participation in interscholastic and intrascholastic 811
1209+extracurricular activities. —Notwithstanding any provision to the 812
1210+contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 813
1211+eligibility to participate in interscholastic and 814
1212+intrascholastic extracurricular activiti es: 815
1213+ (1)(a) A district school board must establish, through its 816
1214+code of student conduct, student eligibility standards and 817
1215+related student disciplinary actions regarding student 818
1216+participation in interscholastic and intrascholastic 819
1217+extracurricular activiti es. The code of student conduct must 820
1218+provide that: 821
1219+ 1. A student not currently suspended from interscholastic 822
1220+or intrascholastic extracurricular activities, or suspended or 823
1221+expelled from school, pursuant to a district school board's 824
1222+suspension or expulsio n powers provided in law, including ss. 825
12231223
1224-CS/CS/HB 443 2022
1224+CS/HB 443 2022
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12311231 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
12321232
12331233
12341234
1235-heat stroke. 826
1236- 827
1237-The requirements of this paragraph apply year -round. 828
1238- Section 8. Section 1006.18, Florida Statutes, is amended 829
1239-to read: 830
1240- 1006.18 Cheerleader safety standards.—Each approved 831
1241-athletic association under s. 1006.20 the Florida High School 832
1242-Athletic Association or successor organization shall adopt 833
1243-statewide uniform safety standards for student cheerleaders and 834
1244-spirit groups that participate in any s chool activity or 835
1245-extracurricular student activity , if applicable. Such approved 836
1246-athletic association the Florida High School Athletic 837
1247-Association or successor organization shall adopt the "Official 838
1248-High School Spirit Rules," published by the National Fede ration 839
1249-of State High School Associations, as the statewide uniform 840
1250-safety standards. 841
1251- Section 9. Paragraph (a) of subsection (1) and subsection 842
1252-(2) of section 1006.195, Florida Statutes, are amended to read: 843
1253- 1006.195 District school board, charter sch ool authority 844
1254-and responsibility to establish student eligibility regarding 845
1255-participation in interscholastic and intrascholastic 846
1256-extracurricular activities. —Notwithstanding any provision to the 847
1257-contrary in ss. 1006.15, 1006.18, and 1006.20, regarding stude nt 848
1258-eligibility to participate in interscholastic and 849
1259-intrascholastic extracurricular activities: 850
1235+1006.07, 1006.08, and 1006.09, is eligible to participate in 826
1236+interscholastic and intrascholastic extracurricular activities. 827
1237+ 2. A student may not participate in a sport if the student 828
1238+participated in that same spor t at another school during that 829
1239+school year, unless the student meets the criteria in s. 830
1240+1006.15(3)(h). 831
1241+ 3. A student's eligibility to participate in any 832
1242+interscholastic or intrascholastic extracurricular activity may 833
1243+not be affected by any alleged recruiting violation until final 834
1244+disposition of the allegation pursuant to s. 1006.20(3)(b) s. 835
1245+1006.20(2)(b). 836
1246+ (2)(a) Each approved athletic association the Florida High 837
1247+School Athletic Association (FHSAA) continues to retain 838
1248+jurisdiction over the following provisions in s. 1006.20, which 839
1249+may not be implemented in a manner contrary to this section: 840
1250+membership in the association FHSAA; recruiting prohibitions and 841
1251+violations; student medical evaluations; inve stigations; 842
1252+sanctions for coaches; school eligibility and forfeiture of 843
1253+contests; student concussions or head injuries; the sports 844
1254+medical advisory committee; and the general operational 845
1255+provisions of the association FHSAA. 846
1256+ (b) Each approved athletic ass ociation under s. 1006.20 847
1257+the FHSAA must adopt, and prominently publish, the text of this 848
1258+section on its website and in its bylaws, rules, procedures, 849
1259+training and education materials, and all other governing 850
12601260
1261-CS/CS/HB 443 2022
1261+CS/HB 443 2022
12621262
12631263
12641264
12651265 CODING: Words stricken are deletions; words underlined are additions.
1266-hb0443-02-c2
1267-Page 35 of 41
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12681268 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
12691269
12701270
12711271
1272- (1)(a) A district school board must establish, through its 851
1273-code of student conduct, student eligibility standards and 852
1274-related student disciplinary actions re garding student 853
1275-participation in interscholastic and intrascholastic 854
1276-extracurricular activities. The code of student conduct must 855
1277-provide that: 856
1278- 1. A student not currently suspended from interscholastic 857
1279-or intrascholastic extracurricular activities, or suspended or 858
1280-expelled from school, pursuant to a district school board's 859
1281-suspension or expulsion powers provided in law, including ss. 860
1282-1006.07, 1006.08, and 1006.09, is eligible to participate in 861
1283-interscholastic and intrascholastic extracurricular activiti es. 862
1284- 2. A student may not participate in a sport if the student 863
1285-participated in that same sport at another school during that 864
1286-school year, unless the student meets the criteria in s. 865
1287-1006.15(3)(h). 866
1288- 3. A student's eligibility to participate in any 867
1289-interscholastic or intrascholastic extracurricular activity may 868
1290-not be affected by any alleged recruiting violation until final 869
1291-disposition of the allegation pursuant to s. 1006.20(3)(b) s. 870
1292-1006.20(2)(b). 871
1293- (2)(a) Each approved athletic association the Florida High 872
1294-School Athletic Association (FHSAA) continues to retain 873
1295-jurisdiction over the following provisions in s. 1006.20, which 874
1296-may not be implemented in a manner contrary to this section: 875
1272+authority documents by August 1, 2016. 851
1273+ Section 9. Paragraph (g) of subsection (2) of section 852
1274+1012.468, Florida Statutes, is amended to read: 853
1275+ 1012.468 Exceptions to certain fingerprinting and criminal 854
1276+history checks.— 855
1277+ (2) A district school board shall exempt from the 856
1278+screening requirements set f orth in ss. 1012.465 and 1012.467 857
1279+the following noninstructional contractors: 858
1280+ (g) An investigator for any approved athletic association 859
1281+the Florida High School Athletic Association (FHSAA) who meets 860
1282+the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e). 861
1283+ Section 10. Paragraph (o) of subsection (1) of section 862
1284+1012.795, Florida Statutes, is amended to read: 863
1285+ 1012.795 Education Practices Commission; authority to 864
1286+discipline.— 865
1287+ (1) The Education Practices Commission may suspend the 866
1288+educator certificate of any instructional personnel or school 867
1289+administrator, as defined in s. 1012.01(2) or (3), for up to 5 868
1290+years, thereby denying that person the right to teach or 869
1291+otherwise be employed by a district school board or public 870
1292+school in any capacity requiring di rect contact with students 871
1293+for that period of time, after which the person may return to 872
1294+teaching as provided in subsection (4); may revoke the educator 873
1295+certificate of any person, thereby denying that person the right 874
1296+to teach or otherwise be employed by a district school board or 875
12971297
1298-CS/CS/HB 443 2022
1298+CS/HB 443 2022
12991299
13001300
13011301
13021302 CODING: Words stricken are deletions; words underlined are additions.
1303-hb0443-02-c2
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13051305 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
13061306
13071307
13081308
1309-membership in the association FHSAA; recruiting prohibitions and 876
1310-violations; student medical evaluations; investigations; 877
1311-sanctions for coaches; school eligibility and forfeiture of 878
1312-contests; student concussions or head injuries; the sports 879
1313-medical advisory committee; and the general operational 880
1314-provisions of the association FHSAA. 881
1315- (b) Each approved athletic association under s. 1006.20 882
1316-the FHSAA must adopt, and prominently publish, the text of this 883
1317-section on its website and in its bylaws, rules, procedures, 884
1318-training and education materials, and all other governing 885
1319-authority documents by August 1, 2016. 886
1320- Section 10. Paragraph (g) of subsection (2) of section 887
1321-1012.468, Florida Statutes, is amended to read: 888
1322- 1012.468 Exceptions to certain fingerprinting and criminal 889
1323-history checks.— 890
1324- (2) A district school board shall exem pt from the 891
1325-screening requirements set forth in ss. 1012.465 and 1012.467 892
1326-the following noninstructional contractors: 893
1327- (g) An investigator for any approved athletic association 894
1328-the Florida High School Athletic Association (FHSAA) who meets 895
1329-the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e). 896
1330- Section 11. Paragraph (o) of subsection (1) of section 897
1331-1012.795, Florida Statutes, is amended to read: 898
1332- 1012.795 Education Practices Commission; authority to 899
1333-discipline.— 900
1309+public school in any capacity requiring direct contact with 876
1310+students for up to 10 years, with reinstatement subject to 877
1311+subsection (4); may permanently revoke the educator certificate 878
1312+of any person thereby denying that person the r ight to teach or 879
1313+otherwise be employed by a district school board or public 880
1314+school in any capacity requiring direct contact with students; 881
1315+may suspend a person's educator certificate, upon an order of 882
1316+the court or notice by the Department of Revenue relati ng to the 883
1317+payment of child support; may direct the department to place a 884
1318+certificateholder employed by a public school, charter school, 885
1319+charter school governing board, or private school that 886
1320+participates in a state scholarship program under chapter 1002 887
1321+on the disqualification list maintained by the department 888
1322+pursuant to s. 1001.10(4)(b) for misconduct that would render 889
1323+the person ineligible pursuant to s. 1012.315 or sexual 890
1324+misconduct with a student; or may impose any other penalty 891
1325+provided by law, if the person: 892
1326+ (o) Has committed a third recruiting offense as determined 893
1327+by an approved athletic association the Florida High School 894
1328+Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s. 895
1329+1006.20(2)(b). 896
1330+ Section 11. Subsections (3) and (7) of section 1012.796, 897
1331+Florida Statutes, are amended to read: 898
1332+ 1012.796 Complaints against teachers and administrators; 899
1333+procedure; penalties. — 900
13341334
1335-CS/CS/HB 443 2022
1335+CS/HB 443 2022
13361336
13371337
13381338
13391339 CODING: Words stricken are deletions; words underlined are additions.
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13421342 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
13431343
13441344
13451345
1346- (1) The Education Practices Commiss ion may suspend the 901
1347-educator certificate of any instructional personnel or school 902
1348-administrator, as defined in s. 1012.01(2) or (3), for up to 5 903
1349-years, thereby denying that person the right to teach or 904
1350-otherwise be employed by a district school board or pu blic 905
1351-school in any capacity requiring direct contact with students 906
1352-for that period of time, after which the person may return to 907
1353-teaching as provided in subsection (4); may revoke the educator 908
1354-certificate of any person, thereby denying that person the righ t 909
1355-to teach or otherwise be employed by a district school board or 910
1356-public school in any capacity requiring direct contact with 911
1357-students for up to 10 years, with reinstatement subject to 912
1358-subsection (4); may permanently revoke the educator certificate 913
1359-of any person thereby denying that person the right to teach or 914
1360-otherwise be employed by a district school board or public 915
1361-school in any capacity requiring direct contact with students; 916
1362-may suspend a person's educator certificate, upon an order of 917
1363-the court or notice by the Department of Revenue relating to the 918
1364-payment of child support; may direct the department to place a 919
1365-certificateholder employed by a public school, charter school, 920
1366-charter school governing board, or private school that 921
1367-participates in a state s cholarship program under chapter 1002 922
1368-on the disqualification list maintained by the department 923
1369-pursuant to s. 1001.10(4)(b) for misconduct that would render 924
1370-the person ineligible pursuant to s. 1012.315 or sexual 925
1346+ (3) The department staff shall advise the commissioner 901
1347+concerning the findings of the investigation and of all 902
1348+referrals by an approved athletic association the Florida High 903
1349+School Athletic Association (FHSAA) pursuant to ss. 904
1350+1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department 905
1351+general counsel or members of that staff shall review the 906
1352+investigation or the referral and advise the commissioner 907
1353+concerning probable cause or lack thereof. The determination of 908
1354+probable cause shall be made by the commissioner. The 909
1355+commissioner shall provide an opportunity for a conference, if 910
1356+requested, before prior to determining probable ca use. The 911
1357+commissioner may enter into deferred prosecution agreements in 912
1358+lieu of finding probable cause if, in his or her judgment, such 913
1359+agreements are in the best interests of the department, the 914
1360+certificateholder, and the public. Such deferred prosecution 915
1361+agreements shall become effective when filed with the clerk of 916
1362+the Education Practices Commission. However, a deferred 917
1363+prosecution agreement may not be entered into if there is 918
1364+probable cause to believe that a felony or an act of moral 919
1365+turpitude, as defined by rule of the State Board of Education, 920
1366+has occurred, or for referrals by any approved athletic 921
1367+association the FHSAA. Upon finding no probable cause, the 922
1368+commissioner shall dismiss the complaint and may issue a letter 923
1369+of guidance to the certificatehol der. 924
1370+ (7) A panel of the commission shall enter a final order 925
13711371
1372-CS/CS/HB 443 2022
1372+CS/HB 443 2022
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13741374
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13791379 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
13801380
13811381
13821382
1383-misconduct with a student; or may impose a ny other penalty 926
1384-provided by law, if the person: 927
1385- (o) Has committed a third recruiting offense as determined 928
1386-by an approved athletic association the Florida High School 929
1387-Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s. 930
1388-1006.20(2)(b). 931
1389- Section 12. Subsections (3) and (7) of section 1012.796, 932
1390-Florida Statutes, are amended to read: 933
1391- 1012.796 Complaints against teachers and administrators; 934
1392-procedure; penalties. — 935
1393- (3) The department staff shall advise the commissioner 936
1394-concerning the findings of the investigation and of all 937
1395-referrals by an approved athletic association the Florida High 938
1396-School Athletic Association (FHSAA) pursuant to ss. 939
1397-1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department 940
1398-general counsel or members of that staff shall revi ew the 941
1399-investigation or the referral and advise the commissioner 942
1400-concerning probable cause or lack thereof. The determination of 943
1401-probable cause shall be made by the commissioner. The 944
1402-commissioner shall provide an opportunity for a conference, if 945
1403-requested, before prior to determining probable cause. The 946
1404-commissioner may enter into deferred prosecution agreements in 947
1405-lieu of finding probable cause if, in his or her judgment, such 948
1406-agreements are in the best interests of the department, the 949
1407-certificateholder, a nd the public. Such deferred prosecution 950
1383+either dismissing the complaint or imposing one or more of the 926
1384+following penalties: 927
1385+ (a) Denial of an application for a certificate or for an 928
1386+administrative or supervisory endorsement on a tea ching 929
1387+certificate. The denial may provide that the applicant may not 930
1388+reapply for certification, and that the department may refuse to 931
1389+consider that applicant's application, for a specified period of 932
1390+time or permanently. 933
1391+ (b) Revocation or suspension of a certificate. 934
1392+ (c) Imposition of an administrative fine not to exceed 935
1393+$2,000 for each count or separate offense. 936
1394+ (d) Placement of the teacher, administrator, or supervisor 937
1395+on probation for a period of time and subject to such conditions 938
1396+as the commission may specify, including requiring the certified 939
1397+teacher, administrator, or supervisor to complete additional 940
1398+appropriate college courses or work with another certified 941
1399+educator, with the administrative costs of monitoring the 942
1400+probation assessed to the educ ator placed on probation. An 943
1401+educator who has been placed on probation shall, at a minimum: 944
1402+ 1. Immediately notify the investigative office in the 945
1403+Department of Education upon employment or separation from 946
1404+employment in any public or private position requ iring a Florida 947
1405+educator's certificate. 948
1406+ 2. Have his or her immediate supervisor submit annual 949
1407+performance reports to the investigative office in the 950
14081408
1409-CS/CS/HB 443 2022
1409+CS/HB 443 2022
14101410
14111411
14121412
14131413 CODING: Words stricken are deletions; words underlined are additions.
1414-hb0443-02-c2
1415-Page 39 of 41
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14161416 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
14171417
14181418
14191419
1420-agreements shall become effective when filed with the clerk of 951
1421-the Education Practices Commission. However, a deferred 952
1422-prosecution agreement may not be entered into if there is 953
1423-probable cause to believe that a felon y or an act of moral 954
1424-turpitude, as defined by rule of the State Board of Education, 955
1425-has occurred, or for referrals by any approved athletic 956
1426-association the FHSAA. Upon finding no probable cause, the 957
1427-commissioner shall dismiss the complaint and may issue a letter 958
1428-of guidance to the certificateholder. 959
1429- (7) A panel of the commission shall enter a final order 960
1430-either dismissing the complaint or imposing one or more of the 961
1431-following penalties: 962
1432- (a) Denial of an application for a certificate or for an 963
1433-administrative or supervisory endorsement on a teaching 964
1434-certificate. The denial may provide that the applicant may not 965
1435-reapply for certification, and that the department may refuse to 966
1436-consider that applicant's application, for a specified period of 967
1437-time or permanently. 968
1438- (b) Revocation or suspension of a certificate. 969
1439- (c) Imposition of an administrative fine not to exceed 970
1440-$2,000 for each count or separate offense. 971
1441- (d) Placement of the teacher, administrator, or supervisor 972
1442-on probation for a period of time and subj ect to such conditions 973
1443-as the commission may specify, including requiring the certified 974
1444-teacher, administrator, or supervisor to complete additional 975
1420+Department of Education. 951
1421+ 3. Pay to the commission within the first 6 months of each 952
1422+probation year the administrative costs of monitoring probation 953
1423+assessed to the educator. 954
1424+ 4. Violate no law and fully comply with all district 955
1425+school board policies, school rules, and State Board of 956
1426+Education rules. 957
1427+ 5. Satisfactorily perform his or her assigned duties in a 958
1428+competent, professional manner. 959
1429+ 6. Bear all costs of complying with the terms of a final 960
1430+order entered by the commission. 961
1431+ (e) Restriction of the authorized scope of practice of the 962
1432+teacher, administrator, or supervisor. 963
1433+ (f) Reprimand of the teache r, administrator, or supervisor 964
1434+in writing, with a copy to be placed in the certification file 965
1435+of such person. 966
1436+ (g) Imposition of an administrative sanction, upon a 967
1437+person whose teaching certificate has expired, for an act or 968
1438+acts committed while that per son possessed a teaching 969
1439+certificate or an expired certificate subject to late renewal, 970
1440+which sanction bars that person from applying for a new 971
1441+certificate for a period of 10 years or less, or permanently. 972
1442+ (h) Refer the teacher, administrator, or supervi sor to the 973
1443+recovery network program provided in s. 1012.798 under such 974
1444+terms and conditions as the commission may specify. 975
14451445
1446-CS/CS/HB 443 2022
1446+CS/HB 443 2022
14471447
14481448
14491449
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14531453 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
14541454
14551455
14561456
1457-appropriate college courses or work with another certified 976
1458-educator, with the administrative costs of monit oring the 977
1459-probation assessed to the educator placed on probation. An 978
1460-educator who has been placed on probation shall, at a minimum: 979
1461- 1. Immediately notify the investigative office in the 980
1462-Department of Education upon employment or separation from 981
1463-employment in any public or private position requiring a Florida 982
1464-educator's certificate. 983
1465- 2. Have his or her immediate supervisor submit annual 984
1466-performance reports to the investigative office in the 985
1467-Department of Education. 986
1468- 3. Pay to the commission within the fi rst 6 months of each 987
1469-probation year the administrative costs of monitoring probation 988
1470-assessed to the educator. 989
1471- 4. Violate no law and fully comply with all district 990
1472-school board policies, school rules, and State Board of 991
1473-Education rules. 992
1474- 5. Satisfactorily perform his or her assigned duties in a 993
1475-competent, professional manner. 994
1476- 6. Bear all costs of complying with the terms of a final 995
1477-order entered by the commission. 996
1478- (e) Restriction of the authorized scope of practice of the 997
1479-teacher, administrator, or s upervisor. 998
1480- (f) Reprimand of the teacher, administrator, or supervisor 999
1481-in writing, with a copy to be placed in the certification file 1000
1482-
1483-CS/CS/HB 443 2022
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1485-
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1490-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
1491-
1492-
1493-
1494-of such person. 1001
1495- (g) Imposition of an administrative sanction, upon a 1002
1496-person whose teaching certificate has expired, for an act or 1003
1497-acts committed while that person possessed a teaching 1004
1498-certificate or an expired certificate subject to late renewal, 1005
1499-which sanction bars that person from applying for a new 1006
1500-certificate for a period of 10 years or less, or permanently. 1007
1501- (h) Refer the teacher, administrator, or supervisor to the 1008
1502-recovery network program provided in s. 1012.798 under such 1009
1503-terms and conditions as the commission may specify. 1010
1504- (i) Direct the department to place instructional personnel 1011
1505-or school administrators on the disqualification list maintained 1012
1506-by the department pursuant to s. 1001.10(4)(b) for conduct that 1013
1507-would render the person ineligible pursuant to s. 1012.315 or 1014
1508-sexual misconduct with a student. 1015
1509- 1016
1510-The penalties imposed under this subsection are in addition to , 1017
1511-and not in lieu of, the penalties required for a third 1018
1512-recruiting offense pursuant to s. 1006.20(3)(b) s. 1019
1513-1006.20(2)(b). 1020
1514- Section 13. This act shall take effect July 1, 2022. 1021
1457+ (i) Direct the department to place instructional personnel 976
1458+or school administrators on the disqualification list maintained 977
1459+by the department pursuant to s. 1001.10(4)(b) for conduct that 978
1460+would render the person ineligible pursuant to s. 1012.315 or 979
1461+sexual misconduct with a student. 980
1462+ 981
1463+The penalties imposed under this subsection are in addition to, 982
1464+and not in lieu of, the penalties requ ired for a third 983
1465+recruiting offense pursuant to s. 1006.20(3)(b) s. 984
1466+1006.20(2)(b). 985
1467+ Section 12. This act shall take effect July 1, 2022. 986