This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0139.EQS
DATE: 1/17/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 139 Access to High School Sports
SPONSOR(S): Plasencia
TIED BILLS: None. IDEN./SIM. BILLS: SB 546
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee Wolff Sanchez
2) Education & Employment Committee
SUMMARY ANALYSIS
Continuing Florida’s commitment to providing all students the opportunity to participate in interscholastic or
intrascholastic sports, the bill removes the enrollment cap that previously prevented students at larger private
schools, regardless of whether they offered interscholastic or intrascholastic sports, from participating in such
activities at Florida High School Athletic Association (FHSAA) member public schools or member private
schools. The bill maintains the prohibition on students enrolled in FHSAA member private schools from
participating in sports at other FHSAA member public or private schools.
The bill does not appear to have a fiscal impact.
The bill has an effective date of July 1, 2024. STORAGE NAME: h0139.EQS PAGE: 2
DATE: 1/17/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Florida High School Athletic Association
The Florida High School Athletic Association (FHSAA) is statutorily designated as the governing
nonprofit organization for interscholastic athletics for grades 6 through 12 in Florida public schools.
1
Any high school, middle school, or combination school,
2
including charter schools, virtual schools,
private schools, and home education cooperatives,
3
may become a member of the FHSAA.
4
However,
membership in the FHSAA is not mandatory and the FHSAA must allow private schools the option of
maintaining full membership or membership by sport.
5
The FHSAA may not deny or discourage a
private school from simultaneously maintaining membership in another athletic association.
6
The
FHSAA is prohibited from denying or discouraging interscholastic competition between its member
schools and non-FHSAA member schools in Florida and may not take discriminatory or retributory
action against a member school that engages in interscholastic competition with non-FHSAA member
schools.
7
The FHSAA is required to adopt bylaws regulating student eligibility, recruiting, and member schools’
interscholastic competition in accordance with applicable law.
8
If the FHSAA fails to meet its obligations
and responsibilities, the Commissioner of Education (commissioner) is directed to designate a nonprofit
organization to manage interscholastic athletics with the approval of the State Board of Education
(SBE).
9
Student Extracurricular Activities and Athletics
Florida law outlines numerous standards and requirements relating to student extracurricular activities
and athletics.
10
Current law provides that “eligible to participate,” for purposes of extracurricular
activities and athletics, includes a student participating in tryouts, off-season conditioning, summer
workouts, preseason conditioning, in-season practice, or contests.
11
Additionally, a student must satisfy
the following requirements to be deemed eligible to participate:
12
Maintain a grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the previous
semester or a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent,
in the courses required for a standard high school diploma.
Execute and fulfill the requirements of an academic performance contract between the student,
the district school board, the appropriate governing association, and the student’s parents, if the
1
Section 1006.20(1), F.S.
2
A “combination school” is any school that provides instruction to students in high school and the middle school grades; elementary,
middle or high school grades combined; or elementary and middle grades combined (e.g. K-12; K-8; 6-12; or 7-12). Bylaw 3.2.2.3,
FHSAA.
3
A “home education cooperative” is a parent-directed group of individual home education students that provides opportunities for
interscholastic athletic competition to those students and may include students in grades 6-12. Bylaw 3.2.2.4, FHSAA.
4
Section 1006.20(1), F.S.
5
Section 1006.20(1), F.S.; Bylaws 3.2.1.4-5, FHSAA.
6
Section 1006.20(1), F.S.
7
Id.
8
Section 1006.20(2), F.S.
9
Section 1006.20(1), F.S.
10
See ch. 1006, pt. 1, s. D, F.S.
11
Section 1006.15(3)(a), F.S.
12
Id. STORAGE NAME: h0139.EQS PAGE: 3
DATE: 1/17/2024
student’s cumulative grade point average falls below 2.0, or its equivalent, on a 4.0 scale in the
courses required for a standard high school diploma.
13
Have a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the
courses required for a standard high school diploma during their junior or senior year.
Maintain satisfactory conduct, including adherence to appropriate dress and other codes of
student conduct.
14
Any student who is exempt from attending a full school day based on rules adopted by the district
school board must maintain the grade point average required of full school day students and pass each
class for which he or she is enrolled.
15
Any entity that governs interscholastic extracurricular activities of public schools is prohibited from
discriminating against any eligible student based on their education choice of public, private, or home
education.
16
No public school may join an organization that regulates interscholastic activities and
discriminates against otherwise eligible students in public, private, or home education.
17
Private School Student Participation in Interscholastic Athletics
The FHSAA and member school districts are required to establish a program through which private
school students may participate in interscholastic or intrascholastic sports at public schools.
18
A private
school student shall be eligible to participate at any FHSAA member public school or member private
school, as appropriate for the students grade level, if the private school that he or she attends is not a
member of the FHSAA and he or she meets the guidelines for such participation established by the
FHSAA and the district school board.
19
Each academic year, a student participating in this program
may only participate at the public school where the student first registers or makes himself or herself a
candidate for an athletic team by engaging in a practice.
20
The private school the participating student attends is required to share any of the participating
student’s education records necessary for the operation of the program with the FHSAA, upon
request.
21
The athletic director at the public school where the private school student participates is
required to maintain any necessary education records.
22
Only students attending private schools that are not members of the FHSAA and that have 200 or
fewer students are authorized to participate in this program.
23
Eligible students must apply using the
FHSAA application process.
24
The parents of a participating student are responsible for transporting the
student to and from the public school at which he or she participates.
25
Effect of Proposed Changes
13
Any such academic performance contract must, at a minimum, require that the student attend summer school between grades 9 and
10 or grades 10 and 11, as appropriate. Section 1006.15(3)(a)2., F.S.
14
Continued participation in extracurricular activities by a student convicted of felony or a delinquent act that would be a felony if
committed by an adult, regardless of whether adjudication is withheld, shall be governed by published school district policies. Section
1006.15(3)(a)4., F.S.
15
Section 1006.15(3)(b), F.S. Examples of such programs include double session schools or programs, experimental schools, or
schools operating under emergency conditions.
16
Section 1006.15(5), F.S.
17
Section 1006.15(6), F.S.
18
Section 1006.15(8), F.S.
19
Section 1006.15(8)(a), F.S.
20
Section 1006.15(8)(c), F.S.
21
Section 1006.15(8)(e), F.S.
22
Section 1006.15(8)(d), F.S.
23
Section 1006.15(8)(g), F.S.
24
Section 1006.15(8)(f), F.S.
25
Section 1006.15(8)(b), F.S. Additionally, this provision shields the FHSAA, the public school at which the student is participating,
the district school board operating the school, and the private school the student attends from civil liability for any injuries that occur
during such transportation. STORAGE NAME: h0139.EQS PAGE: 4
DATE: 1/17/2024
For students attending non-FHSAA member private schools and desiring to participate in
interscholastic or intrascholastic sports, the bill removes the enrollment cap for such schools. This
change provides opportunities for more Florida students to participate in sports, regardless of the size
of the private school they attend. However, the bill does not remove the restriction that students
attending an FHSAA member private school are prohibited from participating in sports at other FHSAA
member institutions.
B. SECTION DIRECTORY:
Section 1: Amends s. 1006.15, F.S., deleting a specified limitation relating to the participation of
certain private school students in Florida High School Athletic Association programs.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
C. DRAFTING ISSUES OR OTHER COMMENTS: STORAGE NAME: h0139.EQS PAGE: 5
DATE: 1/17/2024
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.