The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Pre-K -12
BILL: SB 530
INTRODUCER: Senator DiCeglie
SUBJECT: Florida High School Athletic Association Student Eligibility Requirements
DATE: February 5, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Palazesi Bouck ED Pre-meeting
2. JU
3. RC
I. Summary:
SB 530 requires the Florida High School Athletic Association to adopt bylaws that prohibits 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 in its member schools.
The bill is effective July 1, 2024
II. 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, but membership in the FHSAA is not mandatory.
4
The FHSAA is required to adopt bylaws regulating student eligibility, recruiting, student safety
and member schools’ interscholastic competition in accordance with applicable law.
5
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). Florida High School Athletic Association, Bylaws of the Florida High School Athletic Association, Inc., 2022-23
Edition, at Bylaw 3.2.2.3.
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. FHSAA,
supra, note 2, at Bylaw 3.2.2.4.
4
Section 1006.20(1), F.S.
5
Section 1006.20(2), F.S.
REVISED: BILL: SB 530 Page 2
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).
6
Student Eligibility
Participation in interscholastic athletic programs by a student is a privilege, not a right. Students
who participate are required to meet the requirements established in state law, FHSAA
regulations, and by their respective schools.
7
To determine student eligibility the FHSAA is
required to adopt bylaws establishing the process and standards by which FHSAA
determinations of eligibility are made. The bylaws are required to provide that:
8
Ineligibility must be established by a preponderance of the evidence.
Student athletes, parents, and schools must have notice of the initiation of any investigation
or other inquiry into eligibility and may present, to the investigator and to the individual
making the eligibility determination, any information or evidence that is credible, persuasive,
and of a kind reasonably prudent persons rely upon in the conduct of serious affairs.
An investigator may not determine matters of eligibility but must submit information and
evidence to the executive director or a person designated by the executive director or by the
board of directors for an unbiased and objective determination of eligibility.
A determination of ineligibility must be made in writing, setting forth the findings of fact and
specific violation upon which the decision is based.
The FHSAA adopted the following bylaws related to student eligibility requirements:
9
A student must attend school
10
and is immediately eligible to participate in the interscholastic
athletic programs sponsored by the school he/she attends each school year.
A student who transfers from one school to another will be eligible at the new school, but
may not participate in a sport at his or her new school if the student participated in that same
sport at another school during that school year, unless certain conditions are met.
A middle/junior high student must have 2.0 grade point average (GPA), or the equivalent of a
2.0 GPA based on a 4.0 scale, at the conclusion of each semester.
A student is limited to eight consecutive semesters of eligibility beginning with the semester
he or she begins ninth grade for the first time.
A student who reaches the age of 19 prior to July 1st is permanently ineligible.
A student must have a physical evaluation each year and be certified as being physically fit to
participate in interscholastic athletic programs prior to participating in interscholastic athletic
competition or engaging in any practice, tryout, workout, or other physical activity associated
with the student’s candidacy for an interscholastic team.
A student must have the consent of his or her parent or legal guardian to participate in
interscholastic athletic programs at a member school prior to participating in interscholastic
6
Section 1006.20(1), F.S.
7
Florida High School Athletic Association, Bylaws of the Florida High School Athletic Association 2023-24 Edition, at
Article 9, https://fhsaa.com/documents/2023/7/13//2324_handbook.pdf?id=4394, (last visited Feb. 1, 2024).
8
Section 1006.20(2), F.S.
9
Florida High School Athletic Association, Bylaws of the Florida High School Athletic Association 2023-24 Edition, at
Article 9, https://fhsaa.com/documents/2023/7/13//2324_handbook.pdf?id=4394, (last visited Feb. 1, 2024).
10
Section 1006.60(1), F.S., provides that students that are part of a home education cooperative are eligible to participate in
FHSAA sports. BILL: SB 530 Page 3
athletic competition or engaging in any practice, tryout, workout, or other physical activity
associated with the student’s candidacy for an interscholastic team.
A student may not participate in an athletic activity of the FHSAA unless he or she is an
amateur. An amateur is one who engages in athletic competition solely for the physical,
mental, social, and pleasure benefits derived from the activity.
District school boards are required to establish, through its code of student conduct, student
eligibility standards and related student disciplinary actions regarding student participation in
interscholastic and intrascholastic extracurricular activities. The code of student conduct must
provide that:
11
A student not currently suspended from interscholastic or intrascholastic extracurricular
activities, or suspended or expelled from school, pursuant to a district school board’s
suspension or expulsion powers provided in law, is eligible to participate in interscholastic
and intrascholastic extracurricular activities.
A student may not participate in a sport if the student participated in that same sport at
another school during that school year.
A student’s eligibility to participate in any interscholastic or intrascholastic extracurricular
activity may not be affected by any alleged recruiting violation until final disposition of the
allegation.
To be eligible to participate in interscholastic extracurricular student activities, a student must
maintain satisfactory conduct. If a student is convicted of, or is found to have committed, a
felony or a delinquent act that would have been a felony if committed by an adult, regardless of
whether adjudication is withheld, the student’s participation in interscholastic extracurricular
activities is contingent upon established and published district school board policy.
12
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,
13
probationary sentence, or be committed to one of the Department of Juvenile
Justice’s (DJJ) commitment programs.
14
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.
15
Juveniles are not subject to monetary bail.
16
Probation may only last until age 19, and commitment until age 21.
17
A child may be transferred to adult court through one of three ways:
Direct file, in which the state attorney files an information to transfer the child.
18
11
Section 1006.195 (1)(a), F.S.
12
Section 1006.15(3)(a)4., F.S.
13
Sections 985.12, 985.125, 985.15, 985.155, and 985.16, F.S.
14
Section 985.433, F.S.
15
Section 985.35, F.S.
16
Section 985.245, F.S.
17
Section 985.0301, F.S.
18
Section 985.557, F.S.; An information is a formal criminal charge brought and filed by the prosecutor that initiates the
criminal proceedings in court. Cornell Law School, Legal Information Institute, Information,
https://www.law.cornell.edu/wex/information (last visited Jan. 26, 2024). BILL: SB 530 Page 4
Judicial waiver, in which the court transfers the child upon the state’s motion after holding a
waiver hearing.
19
Indictment, in which the grand jury charges the child by indictment for a capital offense or
offense punishable by life in prison.
20
Direct File
With respect to any child who was 14 or 15 years of age at the time the alleged offense was
committed, the state attorney may direct file a child to adult court when, in the state attorney’s
judgment and discretion, the public interest requires that adult sanctions be considered or
imposed and when the offense charged is for the commission of, attempt to commit, or
conspiracy to commit:
21
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated assault or aggravated battery;
Aggravated stalking;
Murder;
Manslaughter;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Armed burglary or other specified burglaries;
Any lewd or lascivious offense upon a person less than 16 years of age;
Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the
commission of a felony;
Grand theft over $100,000 or specified property;
Possessing or discharging any weapon or firearm on school property in violation of s.
790.115, F.S.;
Home invasion robbery;
Carjacking; and
Specified grand theft of a motor vehicle if the child has a specified previous adjudication for
a specified grand theft of a motor vehicle offense.
With respect to any child who was 16 or 17 at the time the alleged offense was committed, the
state attorney may direct file a child to adult court when, in the state attorney’s judgment and
discretion, the public interest requires that adult sanctions be considered or imposed.
22
The state
attorney may not direct file a child to adult court when a child is charged with a misdemeanor,
unless the child has had at least two previous adjudications or adjudications withheld for
delinquent acts, one of which involved an offense classified as a felony under state law.
23
19
Section 985.556, F.S.
20
Section 985.56, F.S.
21
Section 985.557(1)(a), F.S.
22
Section 985.557(1)(b), F.S.
23
Id. BILL: SB 530 Page 5
Judicial Waiver
A child must be transferred to adult court if the child is alleged to have committed a violation of
law and, prior to the adjudicatory hearing, the child, joined by a parent, guardian, or guardian ad
litem, demands in writing to be tried as an adult.
24
Additionally, a state attorney may exercise his
or her discretion and file a motion requesting the court to transfer the child for criminal
prosecution if the child was 14 years of age or older at the time the alleged delinquent act or
violation of law was committed.
25
The state attorney must request the court to transfer a child to adult court or must provide written
reasons to the court for not making such a request if:
26
The child was 14 years of age or older, and if the child has been previously adjudicated
delinquent for an act classified as a felony, which adjudication was for the commission of,
attempt to commit, or conspiracy to commit murder, sexual battery, armed robbery,
carjacking, home-invasion robbery, aggravated battery, aggravated assault, or burglary with
an assault or battery, and the child is currently charged with a subsequent violent crime; or
The child was 14 years of age or older at the time of commission of a fourth or subsequent
felony and the child was previously adjudicated delinquent, had adjudication withheld, or
was found to have committed or have attempted to or conspired to commit, three felony
offenses and one or more of such felony offenses involved the use or possession of a firearm
or violence against a person.
The only transfer method receiving judicial review is judicial waiver. A court must conduct a
hearing on a motion for waiver to determine if the child should be tried as if he or she were an
adult and must consider:
27
The seriousness of the offense.
Whether the community is best served by transferring the child to adult court.
Whether the alleged offense was committed in an aggressive, violent, premeditated, or
willful manner.
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.
In 2019, the Legislature repealed all statutes related to mandatory direct file against juveniles.
28
24
Section 985.556(1), F.S.
25
Section 985.556(2), F.S.
26
Section 985.556(3), F.S.
27
Section 985.556(4), F.S.
28
Chapter 2019-167, Laws of Fla. BILL: SB 530 Page 6
Sentencing of a Minor as an Adult
A child transferred to adult court is treated like an adult in most ways. The adult court procedural
rules apply, including trial by jury. With the exception of the death penalty and a life sentence
without the possibility of parole,
29
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.
30
In determining
whether to impose juvenile sanctions instead of adult sanctions, the court must consider the
following:
31
The seriousness of the offense to the community and whether the community would best be
protected by juvenile or adult sanctions;
Whether the offense was committed in an aggressive, violent, premeditated or willful
manner;
Whether the offense was committed against persons or property;
The sophistication and maturity of the offender;
The record and previous history of the offender;
The prospects for adequate protection of the public and the likelihood of deterrence and
reasonable rehabilitation of the offender;
Whether the Department of Juvenile Justice has appropriate programs, facilities, and services
immediately available; and
Whether adult sanctions would provide more appropriate punishment and deterrence to
further violations of law than the imposition of juvenile sanctions.
In addition to sentencing a child as a juvenile or as an adult, a judge may also sentence a person
as a youthful offender. The judge may sentence any person as a youthful offender:
32
Who is at least 18 years of age or who has been transferred for prosecution in an adult court;
Who is found guilty or has tendered, and the court has accepted, a plea of nolo contendere or
guilty to a crime that is a felony if such crime was committed before the defendant turned 21
years of age; and
Who has not previously been classified as a youthful offender; however, a person found
guilty of a capital or life felony may not be sentenced as a youthful offender.
If a child has been found guilty, and the judge sentences the child as an adult, the judge may
adjudicate the child guilty or withhold adjudication. An adjudication of guilt is a formal
conviction, and a child will be sentenced as an adult accordingly. An adjudication withheld is not
a formal conviction, but a judge may still order sanctions, such as probation.
33
III. Effect of Proposed Changes:
The bill amends s. 1006.20, F.S., to require the Florida High School Athletic Association to
adopt bylaws that prohibits a student who has been sentenced as an adult for a homicide,
34
sexual
29
Roper v. Simmons, 543 U.S. 551 (2005); Graham v. Florida, 560 U.S. 48 (2010); Miller v. Alabama, 567 U.S. 460 (2012).
30
Section 985.565, F.S.
31
Section 985.565, F.S.
32
Section 958.04(1), F.S.
33
Section 948.01, F.S.
34
Laws governing homicide are covered under Chapter 782. BILL: SB 530 Page 7
battery,
35
or lewd or lascivious
36
offense from participating in high school athletic competition in
its member schools. Such prohibition applies 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 is effective July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
35
Section 794.011, F.S., defines sexual battery as oral, anal, or female genital penetration by, or union with, the sexual organ
of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include
an act done for a bona fide medical purpose.
36
Section 794.051, F.S., defines a lewd or lascivious as A person 24 years of age or older who intentionally touches in a
lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person 16 or 17
years of age, or forces or entices a person 16 or 17 years of age to so touch the perpetrator. BILL: SB 530 Page 8
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 1006.20 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.