This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0545.EQS
DATE: 1/17/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 545 Florida High School Athletic Association Student Eligibility Requirements
SPONSOR(S): Jacques
TIED BILLS: None. IDEN./SIM. BILLS: SB 530
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee Wolff Sanchez
2) Criminal Justice Subcommittee
3) Education & Employment Committee
SUMMARY ANALYSIS
Continuing Florida’s commitment to safe and fair middle and high school athletics, the bill requires that the
FHSAA adopt bylaws prohibiting a student who has been sentenced as an adult for a homicide, sexual battery,
or lewd or lascivious offense from participating in high school athletic competition at its member schools. The
prohibition must apply to a student regardless of the disposition of his or her case, including adjudication of
guilt, withholding of adjudication, or sentencing as a youthful offender.
The bill has an indeterminate but significant negative fiscal impact. See Fiscal Comments, infra.
The bill has an effective date of July 1, 2024. STORAGE NAME: h0545.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: h0545.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.
Continued participation in extracurricular activities by a student convicted of a 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.
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
Prosecution of a Minor as an Adult
The juvenile delinquency system focuses on treating and rehabilitating children who violate criminal
laws. Children in the delinquency system may complete a civil citation or diversion program,
18
probationary sentence, or be committed to one of the Department of Juvenile Justice’s (DJJ)
commitment programs.
19
The juvenile process is less harsh than the adult court process, for example:
A judge decides the facts in a juvenile adjudicatory hearing rather than a jury;
20
Juveniles are not subject to monetary bail;
21
and
Probation may only last until age 19, and commitment until age 21.
22
Subject to limited exceptions, a juvenile record is automatically expunged at either age 21 or 26,
obliterating the record and allowing the subject of the record to lawfully deny it in most circumstances.
23
Expunction of an adult criminal record, on the other hand, has much more stringent requirements.
24
A child may be transferred to adult court through one of three ways:
Judicial waiver, in which the court transfers the child upon the state’s motion after holding a
waiver hearing;
25
Direct file, in which the state attorney files an information to transfer the child;
26
or
Indictment, in which the grand jury charges the child by indictment for a capital offense or
offense punishable by life in prison.
27
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
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
Sections 985.12, 985.125, 985.15, 985.155, and 985.16, F.S.
19
Section 985.433, F.S.
20
Section 985.35, F.S.
21
Section 985.245, F.S.
22
Section 985.0301, F.S.
23
Section 943.0515, F.S.
24
Section 943.0585, F.S.
25
Section 985.556, F.S.
26
Section 985.557, F.S.
27
Section 985.56, F.S. STORAGE NAME: h0545.EQS PAGE: 4
DATE: 1/17/2024
The only transfer method receiving judicial review is judicial waiver. A court must conduct a hearing on
a motion for waiver and consider:
The seriousness of the offense.
Whether the community is best served by transferring the child to adult court.
Whether the offense was against persons or property.
The probable cause as found in the report, affidavit, or complaint.
Whether the child’s associates are adults or children who are to be tried as adults.
The sophistication and maturity of the child.
The child’s criminal and other history.
The protection of the community and likelihood of rehabilitation if the child remains in juvenile
court.
28
Judicial waiver and direct file transfer methods include the following discretionary criteria for transfer:
Transfer Method Discretionary
Judicial Waiver Child was 14 or older when he or she committed a crime.
Direct File Child was 14 or 15 when he or she committed an
enumerated offense.
29
Child was 16 or 17 when he or she committed:
A felony offense; or
A misdemeanor, if the child has two prior
adjudications or withheld adjudications, one of which
is a felony.
A child transferred to adult court is treated like an adult in most ways. With the exception of the death
penalty and a life sentence without the possibility of parole,
30
a child faces the same exposure to
penalty as an adult. A court may, however, sentence a child prosecuted as an adult to juvenile
sanctions.
31
The adult court procedural rules apply, including trial by jury.
In 2019, the Legislature repealed all statutes related to mandatory direct file against juveniles.
32
Effect of Proposed Changes
The bill requires that the FHSAA adopt bylaws prohibiting a student who has been sentenced as an
adult for a homicide, sexual battery, or lewd or lascivious offense from participating in high school
athletic competition at its member schools. The prohibition must apply to a student regardless of the
disposition of his or her case, including adjudication of guilt, withholding of adjudication, or sentencing
as a youthful offender.
B. SECTION DIRECTORY:
28
Section 985.556(4), F.S.
29
Enumerated offenses are the commission of, attempt to commit, or conspiracy to commit arson; sexual battery; robbery; kidnapping;
aggravated child abuse; aggravated assault; aggravated stalking; murder; manslaughter; unlawfully throwing, placing, or discharging a
destructive device or bomb; armed burglary; burglary of a dwelling with aggravating circumstances; burglary with a battery;
aggravated battery; lewd or lascivious offense on a person younger than 16; carrying, displaying, using, or threatening to use a weapon
or firearm during the commission of a felony; grand theft with aggravating circumstances; possessing or discharging a weapon on
school property; home invasion robbery; carjacking; or grand theft of a motor vehicle under certain circumstances. Section
985.557(1)(a), F.S.
30
Roper v. Simmons, 543 U.S. 551 (2005); Graham v. Florida, 560 U.S. 48 (2010); Miller v. Alabama, 567 U.S. 460 (2012).
31
Section 985.565, F.S.
32
Chapter 2019-167, L.O.F. STORAGE NAME: h0545.EQS PAGE: 5
DATE: 1/17/2024
Section 1: Amends s. 1006.20, F.S.; requiring the Florida High School Athletic Association to adopt
bylaws prohibiting a student who is sentenced as an adult for specified offenses from
participating in certain competitions; providing applicability.
Section 2: Provides an effective date of July 1, 2024.
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:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
See Fiscal Comments.
D. FISCAL COMMENTS:
The bill has an indeterminate but significant negative fiscal impact. In order to verify athlete eligibility a
background screening would need to be conducted. Either the FHSAA member institutions or the
families of the student athletes would bear the cost of these background screenings. A general state
and federal background check would cost $37.25.
33
The FHSAA reports serving over 800,000 student
athletes annually.
34
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
33
Florida Department of Law Enforcement, Criminal History Record Check Fee Schedule, available at
https://www.fdle.state.fl.us/Criminal-History-Records/Documents/Criminal-History-Fee-Chart_January2019.aspx.
34
Florida High School Athletic Association, About, https://fhsaa.com/sports/2020/1/16/About.aspx (last visited Jan. 3, 2024). STORAGE NAME: h0545.EQS PAGE: 6
DATE: 1/17/2024
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.