Bill Text: FL S0308 | 2023 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Interscholastic Activities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 225 (Ch. 2023-97), CS/SB 190 (Ch. 2023-113) [S0308 Detail]
Download: Florida-2023-S0308-Introduced.html
Bill Title: Interscholastic Activities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 225 (Ch. 2023-97), CS/SB 190 (Ch. 2023-113) [S0308 Detail]
Download: Florida-2023-S0308-Introduced.html
Florida Senate - 2023 SB 308 By Senator Collins 14-00593-23 2023308__ 1 A bill to be entitled 2 An act relating to interscholastic and intrascholastic 3 activities; amending s. 1006.20, F.S.; providing for 4 the approval of athletic associations that meet 5 certain requirements; providing a definition; 6 requiring certain athletic associations to operate 7 under a contract with the State Board of Education; 8 requiring the State Board of Education to annually 9 review specified information relating to such athletic 10 associations; providing that private schools and 11 traditional public schools are considered high schools 12 for specified purposes; prohibiting public schools 13 from maintaining memberships in or paying dues or fees 14 to certain athletic associations; providing that 15 approved athletic associations are subject to certain 16 requirements; requiring approved athletic associations 17 to adopt certain bylaws; requiring approved athletic 18 associations to establish a certain appeals process; 19 authorizing certain sports medicine advisory 20 committees to establish specified definitions related 21 to concussions; requiring certain approved athletic 22 associations to establish sports medicine advisory 23 committees that meet certain membership requirements; 24 amending s. 1006.15, F.S.; authorizing home education 25 students, Florida Virtual School students, and private 26 school students to participate in interscholastic and 27 intrascholastic activities at certain schools; 28 revising the requirements for such students to 29 participate in such activities; providing for the 30 continued participation in such activities by certain 31 students who transfer from a public school; conforming 32 cross-references and provisions to changes made by the 33 act; creating s. 1006.185, F.S.; requiring certain 34 athletic associations to adopt bylaws, policies, or 35 procedures allowing opening remarks at specified 36 events; providing requirements for such remarks; 37 requiring certain announcements before such remarks; 38 providing that opening remarks at specified events are 39 at the discretion of each school; amending ss. 40 768.135, 1002.20, 1002.42, 1006.165, 1006.18, 41 1006.195, 1012.468, 1012.795, and 1012.796, F.S.; 42 conforming cross-references and provisions to changes 43 made by the act; providing an effective date. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1. Section 1006.20, Florida Statutes, is amended to 48 read: 49 1006.20 Athletics in public K-12 schools.— 50 (1) GOVERNING NONPROFIT ATHLETIC ASSOCIATIONORGANIZATION. 51 The Florida High School Athletic Association (FHSAA) is 52 designated as the governing nonprofit athletic association 53organization of athleticsin Florida public schools.If the54FHSAA fails to meet the provisions of this section,The State 55 Board of Education may approve othercommissioner shall56designate anonprofit athletic associations. As used in this 57 section, the term “approved athletic association” means the 58 FHSAA and other nonprofit athletic associations approved by 59organization to govern athletics with the approval ofthe State 60 Board of Education. Each nonprofit athletic association subject 61 to the requirements of this section shall operate under a 62 contract with the State Board of Education. Before entering into 63 a contract with an association, the State Board of Education 64 shall annually review, at a minimum, the bylaws, policies, and 65 dues and fees of the association for compliance with subpart D. 66 of this part. Any approved athletic associationThe FHSAAis not 67 a state agency as defined in s. 120.52 but is. The FHSAA shall68besubject to ss. 1006.15-1006.19the provisions of s. 1006.19. 69 (2) MEMBERSHIP.—A private school that wishes to engage in70high school athletic competition with a public high school may71become a member of the FHSAA.Any high school in thisthestate, 72 including private schools, traditional public schools, charter 73 schools, virtual schools, and home education cooperatives, may 74 become a member of any approved athletic association. However, a 75 public school may not maintain membership in or pay dues or fees 76 to any athletic association that is not operated under a 77 contract with the State Board of Educationthe FHSAA and78participate in the activities of the FHSAA.However,Membership 79 in an associationthe FHSAAis not mandatory for any school. 80 Approved athletic associationsThe FHSAAmust allow anya81privateschool or cooperative the option of maintaining full 82 membership in the association or joining by sport and may not 83 discourage anya privateschool or cooperative from 84 simultaneously maintaining membership in another athletic 85 association. Approved athletic associationsThe FHSAA may allow86a public school the option to apply for consideration to join87another athletic association. the FHSAAmay not deny or 88 discourage interscholastic competition between its member 89 schools and nonmembernon-FHSAA memberFlorida schools, 90 including members of another approved athletic association 91governing organization, and may not take any retributory or 92 discriminatory action against any of its member schools that 93 participate in interscholastic competition with nonmembernon94FHSAA memberFlorida schools. The FHSAA may notunreasonably95 withhold its approval of an application to become an affiliate 96 member of the National Federation of State High School 97 Associations submitted by any other approved athletic 98 associationorganizationthat governs interscholastic athletic 99 competition in this state. The bylaws of each approved athletic 100 associationthe FHSAAare the rules by which high school 101 athletic programs in its member schools, and the students who 102 participate in them, are governed, unless otherwise specifically 103 provided by statute. For the purposes of this section, the term 104 “high school” includes grades 6 through 12. 105 (3)(2)ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.— 106 (a) Each approved athletic associationthe FHSAAshall 107 adopt bylaws that, unless specifically provided by statute, 108 establish eligibility requirements for all students who 109 participate in high school athletic competition in its member 110 schools. The bylaws governing residence and transfer mustshall111 allow the student to be immediately eligible in the school in 112 which he or she first enrolls each school year or the school in 113 which the student makes himself or herself a candidate for an 114 athletic team by engaging in a practice beforeprior to115 enrolling in the school. The bylaws mustshallalso allow the 116 student to be immediately eligible in the school to which the 117 student has transferred. The student shall be eligible in that 118 school so long as he or she remains enrolled in that school. 119 Subsequent eligibility shall be determined and enforced through 120 the association’sFHSAA’sbylaws. Requirements governing 121 eligibility and transfer between member schools shall be applied 122 similarly to public school students and private school students. 123 (b) Each approved athletic associationthe FHSAAshall 124 adopt bylaws that specifically prohibit the recruiting of 125 students for athletic purposes. The bylaws shall prescribe 126 penalties and an appeals process for athletic recruiting 127 violations. 128 1. If it is determined that a school has recruited a 129 student in violation of associationFHSAAbylaws, the 130 associationFHSAAmay require the school to participate in a 131 higher classification for the sport in which the recruited 132 student competes for a minimum of one classification cycle, in 133 addition to the penalties in subparagraphs 2. and 3. and any 134 other appropriate fine or sanction imposed on the school, its 135 coaches, or adult representatives who violate recruiting rules. 136 2. Any recruitment by a school district employee or 137 contractor in violation of associationFHSAAbylaws results in 138 escalating punishments as follows: 139 a. For a first offense, a $5,000 forfeiture of pay for the 140 school district employee or contractor who committed the 141 violation. 142 b. For a second offense, suspension without pay for 12 143 months from coaching, directing, or advertising an 144 extracurricular activity and a $5,000 forfeiture of pay for the 145 school district employee or contractor who committed the 146 violation. 147 c. For a third offense, a $5,000 forfeiture of pay for the 148 school district employee or contractor who committed the 149 violation. If the individual who committed the violation holds 150 an educator certificate, the associationFHSAAshall also refer 151 the violation to the department for review pursuant to s. 152 1012.796 to determine whether probable cause exists, and, if 153 there is a finding of probable cause, the commissioner shall 154 file a formal complaint against the individual. If the complaint 155 is upheld, the individual’s educator certificate shall be 156 revoked for 3 years, in addition to any penalties available 157 under s. 1012.796. Additionally, the department shall revoke any 158 adjunct teaching certificates issued pursuant to s. 1012.57 and 159 all permissions under ss. 1012.39 and 1012.43, and the educator 160 is ineligible for such certificates or permissions for a period 161 of time equal to the period of revocation of his or her state 162 issued certificate. 163 3. Notwithstanding any other provision of law, a school, 164 team, or activity shall forfeit all competitions, including 165 honors resulting from such competitions, in which a student who 166 participated in any fashion was recruited in a manner prohibited 167 pursuant to state law or the associationFHSAAbylaws. 168 4. A student may not be declared ineligible based on 169 violation of recruiting rules unless the student or parent has 170 falsified any enrollment or eligibility document or accepted any 171 benefit if such benefit is not generally available to the 172 school’s students or family members or is based in any way on 173 athletic interest, potential, or performance. 174 5. A student’s eligibility to participate in any 175 interscholastic or intrascholastic extracurricular activity, as 176 determined by a district school board pursuant to s. 177 1006.195(1)(a)3., may not be affected by any alleged recruiting 178 violation until final disposition of the allegation. 179 (c) Each approved athletic associationthe FHSAAshall 180 adopt bylaws that require all students participating in 181 interscholastic athletic competition or who are candidates for 182 an interscholastic athletic team to satisfactorily pass a 183 medical evaluation each year before participating in 184 interscholastic athletic competition or engaging in any 185 practice, tryout, workout, conditioning, or other physical 186 activity associated with the student’s candidacy for an 187 interscholastic athletic team, including activities that occur 188 outside of the school year. Such medical evaluation may be 189 administered only by a practitioner licensed under chapter 458, 190 chapter 459, chapter 460, or s. 464.012 or registered under s. 191 464.0123 and in good standing with the practitioner’s regulatory 192 board. The bylaws shall establish requirements for eliciting a 193 student’s medical history and performing the medical evaluation 194 required under this paragraph, which shall include a physical 195 assessment of the student’s physical capabilities to participate 196 in interscholastic athletic competition as contained in a 197 uniform preparticipation physical evaluation and history form. 198 The evaluation form shall incorporate the recommendations of the 199 American Heart Association for participation cardiovascular 200 screening and shall provide a place for the signature of the 201 practitioner performing the evaluation with an attestation that 202 each examination procedure listed on the form was performed by 203 the practitioner or by someone under the direct supervision of 204 the practitioner. The form shall also contain a place for the 205 practitioner to indicate if a referral to another practitioner 206 was made in lieu of completion of a certain examination 207 procedure. The form shall provide a place for the practitioner 208 to whom the student was referred to complete the remaining 209 sections and attest to that portion of the examination. The 210 preparticipation physical evaluation form shall advise students 211 to complete a cardiovascular assessment and shall include 212 information concerning alternative cardiovascular evaluation and 213 diagnostic tests. Results of such medical evaluation must be 214 provided to the school. A student is not eligible to 215 participate, as provided in s. 1006.15(3), in any 216 interscholastic athletic competition or engage in any practice, 217 tryout, workout, or other physical activity associated with the 218 student’s candidacy for an interscholastic athletic team until 219 the results of the medical evaluation have been received and 220 approved by the school. 221 (d) Notwithstandingthe provisions ofparagraph (c), a 222 student may participate in interscholastic athletic competition 223 or be a candidate for an interscholastic athletic team if the 224 parent of the student objects in writing to the student 225 undergoing a medical evaluation because such evaluation is 226 contrary to his or her religious tenets or practices. However, 227 in such case, there shall be no liability on the part of any 228 person or entity in a position to otherwise rely on the results 229 of such medical evaluation for any damages resulting from the 230 student’s injury or death arising directly from the student’s 231 participation in interscholastic athletics where an undisclosed 232 medical condition that would have been revealed in the medical 233 evaluation is a proximate cause of the injury or death. 234 (e) Each approved athletic associationthe FHSAAshall 235 adopt bylaws that regulate persons who conduct investigations on 236 behalf of the associationFHSAA. The bylaws shall include 237 provisions that require an investigator to: 238 1. Undergo level 2 background screening under s. 435.04, 239 establishing that the investigator has not committed any 240 disqualifying offense listed in s. 435.04, unless the 241 investigator can provide proof of compliance with level 2 242 screening standards submitted within the previous 5 years to 243 meet any professional licensure requirements, provided: 244 a. The investigator has not had a break in service from a 245 position that requires level 2 screening for more than 90 days; 246 and 247 b. The investigator submits, under penalty of perjury, an 248 affidavit verifying that the investigator has not committed any 249 disqualifying offense listed in s. 435.04 and is in full 250 compliance with this paragraph. 251 2. Be appointed as an investigator by the executive 252 director. 253 3. Carry a photo identification card that shows the 254 association’sFHSAAname and,logo,and the investigator’s 255 official title. 256 4. Adhere to the following guidelines: 257 a. Investigate only those alleged violations assigned by 258 the executive director or the board of directors. 259 b. Conduct interviews on Monday through Friday between the 260 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 261 the interviewee. 262 c. Allow the parent of any student being interviewed to be 263 present during the interview. 264 d. Search residences or other private areas only with the 265 permission of the executive director and the written consent of 266 the student’s parent and only with a parent or a representative 267 of the parent present. 268 (f) Each approved athletic associationthe FHSAAshall 269 adopt bylaws that establish sanctions for coaches who have 270 committed major violations of the association’sFHSAA’sbylaws 271 and policies. 272 1. Major violations include, but are not limited to, 273 knowingly allowing an ineligible student to participate in a 274 contest representing a member school in an interscholastic 275 contest or committing a violation of the association’sFHSAA’s276 recruiting or sportsmanship policies. 277 2. Sanctions placed upon an individual coach may include, 278 but are not limited to, prohibiting or suspending the coach from 279 coaching, participating in, or attending any athletic activity 280 sponsored, recognized, or sanctioned by the associationFHSAA281 and the member school for which the coach committed the 282 violation. If a coach is sanctioned by the associationFHSAAand 283 the coach transfers to another member school, those sanctions 284 remain in full force and effect during the term of the sanction. 285 3. If a member school is assessed a financial penalty as a 286 result of a coach committing a major violation, the coach shall 287 reimburse the member school before being allowed to coach, 288 participate in, or attend any athletic activity sponsored, 289 recognized, or sanctioned by the associationFHSAAand a member 290 school. 291 4. The associationFHSAAshall establish a due process 292 procedure for coaches sanctioned under this paragraph, 293 consistent with the appeals procedures set forth in subsection 294 (8)(7). 295 (g) Each approved athletic associationthe FHSAAshall 296 adopt bylaws establishing the process and standards by which the 297 association’sFHSAAdeterminations of eligibility are made. Such 298 bylaws shall provide that: 299 1. Ineligibility must be established by a preponderance of 300 the evidence; 301 2. Student athletes, parents, and schools must have notice 302 of the initiation of any investigation or other inquiry into 303 eligibility and may present, to the investigator and to the 304 individual making the eligibility determination, any information 305 or evidence that is credible, persuasive, and of a kind 306 reasonably prudent persons rely upon in the conduct of serious 307 affairs; 308 3. An investigator may not determine matters of eligibility 309 but must submit information and evidence to the executive 310 director or a person designated by the executive director or by 311 the board of directors for an unbiased and objective 312 determination of eligibility; and 313 4. A determination of ineligibility must be made in 314 writing, setting forth the findings of fact and specific 315 violation upon which the decision is based. 316 (h) In lieu of bylaws adopted under paragraph (g), an 317 approved athletic associationthe FHSAAmay adopt bylaws 318 providing as a minimum the procedural safeguards of ss. 120.569 319 and 120.57, making appropriate provision for appointment of 320 unbiased and qualified hearing officers. 321 (i) An approved athletic association’sthe FHSAAbylaws may 322 not limit the competition of student athletes prospectively for 323 rule violations of their school or its coaches or their adult 324 representatives. The associationFHSAAbylaws may not unfairly 325 punish student athletes for eligibility or recruiting violations 326 perpetrated by a teammate, coach, or administrator. Contests may 327 not be forfeited for inadvertent eligibility violations unless 328 the coach or a school administrator should have known of the 329 violation. Contests may not be forfeited for other eligibility 330 violations or recruiting violations in excess of the number of 331 contests that the coaches and adult representatives responsible 332 for the violations are prospectively suspended. 333 (j) Each approved athletic associationthe FHSAAshall 334 adopt guidelines to educate athletic coaches, officials, 335 administrators, and student athletes and their parents of the 336 nature and risk of concussion and head injury. 337 (k) Each approved athletic associationthe FHSAAshall 338 adopt bylaws or policies that require the parent of a student 339 who is participating in interscholastic athletic competition or 340 who is a candidate for an interscholastic athletic team to sign 341 and return an informed consent that explains the nature and risk 342 of concussion and head injury, including the risk of continuing 343 to play after concussion or head injury, each year before 344 participating in interscholastic athletic competition or 345 engaging in any practice, tryout, workout, or other physical 346 activity associated with the student’s candidacy for an 347 interscholastic athletic team. 348 (l) Each approved athletic associationthe FHSAAshall 349 adopt bylaws or policies that require each student athlete who 350 is suspected of sustaining a concussion or head injury in a 351 practice or competition to be immediately removed from the 352 activity. A student athlete who has been removed from an 353 activity may not return to practice or competition until the 354 student submits to the school a written medical clearance to 355 return stating that the student athlete no longer exhibits 356 signs, symptoms, or behaviors consistent with a concussion or 357 other head injury. Medical clearance must be authorized by the 358 appropriate health care practitioner trained in the diagnosis, 359 evaluation, and management of concussions as defined by athe360 sports medicine advisory committee established pursuant to 361 paragraph (m)of the Florida High School Athletic Association. 362 (m)1. The FHSAA shall adopt bylaws for the establishment 363 and duties of a sports medicine advisory committee composed of 364 the following members: 365 a.1.Eight physicians licensed under chapter 458 or chapter 366 459 with at least one member licensed under chapter 459. 367 b.2.One chiropractor licensed under chapter 460. 368 c.3.One podiatrist licensed under chapter 461. 369 d.4.One dentist licensed under chapter 466. 370 e.5.Three athletic trainers licensed under part XIII of 371 chapter 468. 372 f.6.One member who is a current or retired head coach of a 373 high school in thisthestate. 374 2. An approved athletic association that does not rely on 375 the recommendations of the sports medicine advisory committee of 376 the FHSAA shall establish a sports medicine advisory committee 377 whose membership satisfies the requirements of subparagraph 1. 378 (4)(3)GOVERNING STRUCTURE OF THE FHSAA.— 379 (a) The FHSAA shall operate as a representative democracy 380 in which the sovereign authority is within its member schools. 381 Except as provided in this section, the FHSAA shall govern its 382 affairs through its bylaws. 383 (b) Each member school, on its annual application for 384 membership, shall name its official representative to the FHSAA. 385 This representative must be either the school principal or his 386 or her designee. That designee must either be an assistant 387 principal or athletic director housed within that same school. 388 (c) The FHSAA’s membership shall be divided along existing 389 county lines into four contiguous and compact administrative 390 regions, each containing an equal or nearly equal number of 391 member schools to ensure equitable representation on the FHSAA’s 392 board of directors, representative assembly, and appeals 393 committees. 394 (5)(4)FHSAA BOARD OF DIRECTORS.— 395 (a) The executive authority of the FHSAA shall be vested in 396 its board of directors. Any entity that appoints members to the 397 board of directors shall examine the ethnic and demographic 398 composition of the board when selecting candidates for 399 appointment and shall, to the greatest extent possible, make 400 appointments that reflect state demographic and population 401 trends. The board of directors shall be composed of 16 persons, 402 as follows: 403 1. Four public member school representatives, one elected 404 from among its public school representative members within each 405 of the four administrative regions. 406 2. Four nonpublic member school representatives, one 407 elected from among its nonpublic school representative members 408 within each of the four administrative regions. 409 3. Three representatives appointed by the commissioner, one 410 appointed from the two northernmost administrative regions and 411 one appointed from the two southernmost administrative regions. 412 The third representative shall be appointed to balance the board 413 for diversity or state population trends, or both. 414 4. Two district school superintendents, one elected from 415 the two northernmost administrative regions by the members in 416 those regions and one elected from the two southernmost 417 administrative regions by the members in those regions. 418 5. Two district school board members, one elected from the 419 two northernmost administrative regions by the members in those 420 regions and oneelected from the two southernmost administrative 421 regions by the members in those regions. 422 6. The commissioner or his or her designee from the 423 department executive staff. 424 (b) A quorum of the board of directors shall consist of 425 nine members. 426 (c) The board of directors shall elect a president and a 427 vice president from among its members. These officers shall also 428 serve as officers of the FHSAA. 429 (d) Members of the board of directors shall serve terms of 430 3 years and are eligible to succeed themselves only once. A 431 member of the board of directors, other than the commissioner or 432 his or her designee, may serve a maximum of 6 consecutive years. 433 The FHSAA’s bylaws shall establish a rotation of terms to ensure 434 that a majority of the members’ terms do not expire 435 concurrently. 436 (e) The authority and duties of the board of directors, 437 acting as a body and in accordance with the FHSAA’s bylaws, are 438 as follows: 439 1. To act as the incorporated FHSAA’s board of directors 440 and to fulfill its obligations as required by the FHSAA’s 441 charter and articles of incorporation. 442 2. To establish such guidelines, regulations, policies, and 443 procedures as are authorized by the bylaws. 444 3. To employ an FHSAA executive director, who shall have 445 the authority to waive the bylaws of the FHSAA in order to 446 comply with statutory changes. 447 4. To levy annual dues and other fees and to set the 448 percentage of contest receipts to be collected by the FHSAA. 449 5. To approve the budget of the FHSAA. 450 6. To organize and conduct statewide interscholastic 451 competitions, which may or may not lead to state championships, 452 and to establish the terms and conditions for these 453 competitions. 454 7. To act as an administrative board in the interpretation 455 of, and final decision on, all questions and appeals arising 456 from the directing of interscholastic athletics of member 457 schools. 458 (6)(5)FHSAA REPRESENTATIVE ASSEMBLY.— 459 (a) The legislative authority of the FHSAA is vested in its 460 representative assembly. 461 (b) The representative assembly shall be composed of the 462 following: 463 1. An equal number of member school representatives from 464 each of the four administrative regions. 465 2. Four district school superintendents, one elected from 466 each of the four administrative regions by the district school 467 superintendents in their respective administrative regions. 468 3. Four district school board members, one elected from 469 each of the four administrative regions by the district school 470 board members in their respective administrative regions. 471 4. The commissioner or his or her designee from the 472 department executive staff. 473 (c) The FHSAA’s bylaws shall establish the number of member 474 school representatives to serve in the representative assembly 475 from each of the four administrative regions and shall establish 476 the method for their selection. 477 (d) No member of the board of directors other than the 478 commissioner or his or her designee can serve in the 479 representative assembly. 480 (e) The representative assembly shall elect a chairperson 481 and a vice chairperson from among its members. 482 (f) Elected members of the representative assembly shall 483 serve terms of 2 years and are eligible to succeed themselves 484 for two additional terms. An elected member, other than the 485 commissioner or his or her designee, may serve a maximum of 6 486 consecutive years in the representative assembly. 487 (g) A quorum of the representative assembly consists of one 488 more than half of its members. 489 (h) The authority of the representative assembly is limited 490 to its sole duty, which is to consider, adopt, or reject any 491 proposed amendments to the FHSAA’s bylaws. 492 (i) The representative assembly shall meet as a body 493 annually. A two-thirds majority of the votes cast by members 494 present is required for passage of any proposal. 495 (7)(6)FHSAA PUBLIC LIAISON ADVISORY COMMITTEE.— 496 (a) The FHSAA shall establish, sustain, fund, and provide 497 staff support to a public liaison advisory committee composed of 498 the following: 499 1. The commissioner or his or her designee. 500 2. A member public school principal. 501 3. A member private school principal. 502 4. A member school principal who is a member of a racial 503 minority. 504 5. An active athletic director. 505 6. An active coach, who is employed full time by a member 506 school. 507 7. A student athlete. 508 8. A district school superintendent. 509 9. A district school board member. 510 10. A member of the Florida House of Representatives. 511 11. A member of the Florida Senate. 512 12. A parent of a high school student. 513 13. A member of a home education association. 514 14. A representative of the business community. 515 15. A representative of the news media. 516 (b) No member of the board of directors, committee on 517 appeals, or representative assembly is eligible to serve on the 518 public liaison advisory committee. 519 (c)The public liaison advisory committee shall elect a 520 chairperson and vice chairperson from among its members. 521 (d) The authority and duties of the public liaison advisory 522 committee are as follows: 523 1. To act as a conduit through which the general public may 524 have input into the decisionmaking process of the FHSAA and to 525 assist the FHSAA in the development of procedures regarding the 526 receipt of public input and disposition of complaints related to 527 high school athletic and competition programs. 528 2. To conduct public hearings annually in each of the four 529 administrative regions during which interested parties may 530 address issues regarding the effectiveness of the rules, 531 operation, and management of the FHSAA. 532 3. To conduct an annual evaluation of the FHSAA as a whole 533 and present a report of its findings, conclusion, and 534 recommendations to the board of directors, to the commissioner, 535 and to the respective education committees of the Florida Senate 536 and the Florida House of Representatives. The recommendations 537 must delineate policies and procedures that will improve the 538 implementation and oversight of high school athletic programs by 539 the FHSAA. 540 (e) The public liaison advisory committee shall meet four 541 times annually. Additional meetings may be called by the 542 committee chairperson, the FHSAA president, or the FHSAA 543 executive director. 544 (8)(7)APPEALS.— 545 (a) Each approved athletic associationthe FHSAAshall 546 establish a procedure of due process which ensures each student 547 the opportunity to appeal an unfavorable ruling with regard to 548 his or her eligibility to compete. The initial appeal shall be 549 made to a committee on appeals within the administrative region 550 in which the student lives. The approved athletic association’s 551FHSAA’sbylaws shall establish the number, size, and composition 552 of each committee on appeals. 553 (b) No member of the board of directors is eligible to 554 serve on a committee on appeals. 555 (c) Members of a committee on appeals shall serve terms of 556 3 years and are eligible to succeed themselves only once. A 557 member of a committee on appeals may serve a maximum of 6 558 consecutive years. The approved athletic association’sFHSAA’s559 bylaws shall establish a rotation of terms to ensure that a 560 majority of the members’ terms do not expire concurrently. 561 (d) The authority and duties of a committee on appeals 562 shall be to consider requests by member schools seeking 563 exceptions to bylaws and regulations, to hear undue hardship 564 eligibility cases filed by member schools on behalf of student 565 athletes, and to hear appeals filed by member schools or student 566 athletes. 567 (e) A student athlete or member school that receives an 568 unfavorable ruling from a committee on appeals shall be entitled 569 to appeal that decision to the board of directors at its next 570 regularly scheduled meeting or called meeting. The board of 571 directors shall have the authority to uphold, reverse, or amend 572 the decision of the committee on appeals. In all such cases, the 573 decision of the board of directors shall be final. 574 (f) The approved athletic associationFHSAAshall expedite 575 the appeals process on determinations of ineligibility so that 576 disposition of the appeal can be made before the end of the 577 applicable sports season, if possible. 578 (g) In any appeal from a decision on eligibility made by 579 the executive director or a designee, a school or student 580 athlete filing the appeal must be permitted to present 581 information and evidence that was not available at the time of 582 the initial determination or if the determination was not made 583 by an unbiased, objective individual using a process allowing 584 full due process rights to be heard and to present evidence. If 585 evidence is presented on appeal, a de novo decision must be made 586 by the committee or board hearing the appeal, or the 587 determination may be suspended and the matter remanded for a new 588 determination based on all the evidence. If a de novo decision 589 is made on appeal, the decision must be made in writing, setting 590 forth the findings of fact and specific violation upon which the 591 decision is based. If a de novo decision is not required, the 592 decision appealed must be set aside if the decision on 593 ineligibility was not based on clear and convincing evidence. 594 Any further appeal shall be considered on a record that includes 595 all evidence presented. 596 (9)(8)AMENDMENT OF FHSAA BYLAWS.—Each member school 597 representative, the board of directors acting as a whole or as 598 members acting individually, any advisory committee acting as a 599 whole to be established by the FHSAA, and the FHSAA’s executive 600 director are empowered to propose amendments to the bylaws. Any 601 other individual may propose an amendment by securing the 602 sponsorship of any of the aforementioned individuals or bodies. 603 All proposed amendments must be submitted directly to the 604 representative assembly for its consideration. The 605 representative assembly, while empowered to adopt, reject, or 606 revise proposed amendments, may not, in and of itself, as a body 607 be allowed to propose any amendment for its own consideration. 608 Section 2. Present paragraphs (d) through (h) of 609 subsection (3) of section 1006.15, Florida Statutes, are 610 redesignated as paragraphs (e) through (i), respectively, a new 611 paragraph (d) is added to that subsection, subsection (10) is 612 added to that section, and paragraph (c) and present paragraph 613 (e) of subsection (3), subsection (8), and paragraph (a) of 614 subsection (9) are amended, to read: 615 1006.15 Student standards for participation in 616 interscholastic and intrascholastic extracurricular student 617 activities; regulation.— 618 (3)(c) An individual home education student, private school 619 student, or virtual school student is eligible to participate at 620 anythepublic school in the school district in which the 621 student residesto which the student would be assigned according622to district school board attendance area policiesor which the 623 student could choose to attend pursuant to s. 1002.31. 624 (d) An individual home education student, ormay develop an 625 agreement to participate at a private school,in the 626 interscholastic extracurricular activities of that school. If an 627 individual home education student wishes to develop such an 628 agreement with a private school, or participate at a public 629 school pursuant to paragraph (c), the following conditions must 630 be metprovided the following conditions are met: 631 1. The home education student must meet the requirements of 632 the home education program pursuant to s. 1002.41. 633 2. During the period of participation at a school, the home 634 education student must demonstrate educational progress as 635 required in paragraph (b) in all subjects taken in the home 636 education program by a method of evaluation agreed upon by the 637 parent and the school principal which may include: review of the 638 student’s work by a certified teacher chosen by the parent; 639 grades earned through correspondence; grades earned in courses 640 taken at a Florida College System institution, university, or 641 trade school; standardized test scores above the 35th 642 percentile; or any other method designated in s. 1002.41. 643 3. The home education student must meet the same residency 644 requirements as other students in the school at which he or she 645 participates. 646 4. The home education student must meet the same standards 647 of acceptance, behavior, and performance as required of other 648 students in extracurricular activities. 649 5. The student must register with the school his or her 650 intent to participate in interscholastic extracurricular 651 activities as a representative of the school before 652 participation. A home education student must be able to 653 participate in curricular activities if that is a requirement 654 for an extracurricular activity. 655 6. A student who transfers from a home education program to 656 a public school before or during the first grading period of the 657 school year is academically eligible to participate in 658 interscholastic extracurricular activities during the first 659 grading period provided the student has a successful evaluation 660 from the previous school year, pursuant to subparagraph 2. 661 7. Any public school or private school student who has been 662 unable to maintain academic eligibility for participation in 663 interscholastic extracurricular activities is ineligible to 664 participate in such activities as a home education student until 665 the student has successfully completed one grading period in 666 home education pursuant to subparagraph 2. to become eligible to 667 participate as a home education student. 668 8. The roster for the specific interscholastic activity in 669 which the home education student would like to participate has 670 not reached the activity’s identified maximum size, and the 671 coach or sponsor for the activity determines that the home 672 education student has the requisite skill and ability to 673 participate. 674 (f)(e)A student of the Florida Virtual School full-time 675 program may participate in any interscholastic extracurricular 676 activity at anythepublic school in the school district in 677 which the student residesto which the student would be assigned678according to district school board attendance area policiesor 679 which the student could choose to attend pursuant to s. 1002.31 680 ifthe student: 681 1. During the period of participation in the 682 interscholastic extracurricular activity, the student meets the 683 requirements in paragraph (a). 684 2. The student meets any additional requirements as 685 determined by the board of trustees of the Florida Virtual 686 School. 687 3. The student meets the same residency requirements as 688 other students in the school at which he or she participates. 689 4. The student meets the same standards of acceptance, 690 behavior, and performance that are required of other students in 691 extracurricular activities. 692 5. The student registers his or her intent to participate 693 in interscholastic extracurricular activities with the school 694 before participation. A Florida Virtual school student must be 695 able to participate in curricular activities if that is a 696 requirement for an extracurricular activity. 697 6. The roster for the specific interscholastic activity in 698 which the student would like to participate has not reached the 699 activity’s identified maximum size, and the coach or sponsor for 700 the activity determines that the student has the requisite skill 701 and ability to participate. 702 (8)(a) Each approved athletic association under s. 1006.20 703the Florida High School Athletic Association (FHSAA), in 704 cooperation with each district school board and member private 705 school, shall facilitate a program in which a middle school or 706 high school student who attends a private school shall be 707 eligible to participate in an interscholastic or intrascholastic 708 sport at a member public high school, a member public middle 709 school,ora member 6-12 public school, or a member private 710 school, as appropriate for the private school student’s grade 711 levelto which the student would be assigned according to712district school board attendance area policies and procedures or713which the student could choose to attend pursuant to s. 1002.31,714provided the public school has not reached capacity as715determined by the district school board, if: 716 1. The private school in which the student is enrolled is 717 not a member of the associationFHSAA. 718 2. The private school student meets the guidelines for the 719 conduct of the program established by the association’sFHSAA’s720 board of directors and the district school board or member 721 private school. At a minimum, such guidelines shall provide:722a.a deadline for each sport by which the private school 723 student’s parents must register with the memberpublicschool in 724 writing their intent for their child to participate at that 725 school in the sport. 726 3. The roster for the specific interscholastic or 727 intrascholastic sport in which the private school student would 728 like to participate has not reached the sport’s identified 729 maximum size, and the coach for the sport determines that the 730 private school student has the requisite skill and ability to 731 participate. 732b. Requirements for a private school student to733participate, including, but not limited to, meeting the same734standards of eligibility, acceptance, behavior, educational735progress, and performance which apply to other students736participating in interscholastic or intrascholastic sports at a737public school or FHSAA member private school.738 (b) The parents of a private school student participating 739 in a memberpublicschool sport under this subsection are 740 responsible for transporting their child to and from the member 741publicschool at which the student participates. The private 742 school the student attends, the memberpublicschool at which 743 the student participates in a sport, the district school board, 744 and the associationFHSAAare exempt from civil liability 745 arising from any injury that occurs to the student during such 746 transportation. 747 (c) For each academic year, a private school student may 748 only participate at the memberpublicschool in which the 749 student is first registered under subparagraph (a)2.sub750subparagraph (a)2.a.or makes himself or herself a candidate for 751 an athletic team by engaging in a practice. 752 (d) The athletic director of each participating association 753FHSAAmemberpublicschool shall maintain the student records 754 necessary for eligibility, compliance, and participation in the 755 program. 756 (e) Any nonmembernon-FHSAA memberprivate school that has 757 a student who wishes to participate in this program must make 758 all student records, including, but not limited to, academic, 759 financial, disciplinary, and attendance records, available upon 760 request of the associationFHSAA. 761 (f) A student must apply to participate in this program 762 through the association’sFHSAAprogram application process. 763 (g) Only students who are enrolled innon-FHSAA member764 private schools consisting of 125 students or fewer are eligible 765 to participate in the program in any given academic year. 766 (9)(a) A student who transfers to a school during the 767 school year may seek to immediately join an existing team if the 768 roster for the specific interscholastic or intrascholastic 769 extracurricular activity has not reached the activity’s 770 identified maximum size and if the coach for the activity 771 determines that the student has the requisite skill and ability 772 to participate. The approved athletic association under s. 773 1006.20FHSAAand school district or charter school may not 774 declare such a student ineligible because the student did not 775 have the opportunity to comply with qualifying requirements. 776 (10) A student who is participating in an interscholastic 777 or intrascholastic activity at a public school and who transfers 778 from the school during the school year must be permitted to 779 continue to participate in the activity at the school from which 780 he or she transferred for the remainder of the school year if: 781 (a) During the period of participation in the activity, the 782 student continues to meet the requirements in paragraph (3)(a). 783 (b) The student continues to meet the same standards of 784 acceptance, behavior, and performance required of other students 785 participating in the activity, except for enrollment 786 requirements at the school at which the student participates. 787 (c) The parents of the student participating in the 788 activity provide for the transportation of the student to and 789 from the school at which the student participates. The school 790 the student attends, the school at which the student 791 participates in the activity, and the district school board are 792 exempt from civil liability arising from any injury that occurs 793 to the student during such transportation. 794 Section 3. Section 1006.185, Florida Statutes, is created 795 to read: 796 1006.185 Opening remarks at high school athletic contests. 797 Each approved athletic association under s. 1006.20 whose 798 membership includes public schools shall adopt bylaws, policies, 799 or procedures that provide each school participating in a high 800 school championship contest, or series of contests, under the 801 direction and supervision of the association, the opportunity to 802 make brief opening remarks, if requested by the school, using 803 the public address system at the event. Such remarks may not be 804 longer than 2 minutes per school. The athletic association may 805 not control, monitor, or review the content of the opening 806 remarks and may not control the school’s choice of speaker. 807 Before the opening remarks, an announcement must be made that 808 the content of any opening remarks by a participating school are 809 not endorsed by and do not reflect the views and opinions of the 810 athletic association. The decision to allow opening remarks 811 before regular season contests is at the discretion of each 812 school. 813 Section 4. Subsection (3) of section 768.135, Florida 814 Statutes, is amended to read: 815 768.135 Volunteer team physicians; immunity.— 816 (3) A practitioner licensed under chapter 458, chapter 459, 817 chapter 460, or s. 464.012 or registered under s. 464.0123 who 818 gratuitously and in good faith conducts an evaluation pursuant 819 to s. 1006.20(3)(c)s. 1006.20(2)(c)is not liable for any civil 820 damages arising from that evaluation unless the evaluation was 821 conducted in a wrongful manner. 822 Section 5. Subsection (17) of section 1002.20, Florida 823 Statutes, is amended to read: 824 1002.20 K-12 student and parent rights.—Parents of public 825 school students must receive accurate and timely information 826 regarding their child’s academic progress and must be informed 827 of ways they can help their child to succeed in school. K-12 828 students and their parents are afforded numerous statutory 829 rights including, but not limited to, the following: 830 (17) ATHLETICS; PUBLIC HIGH SCHOOL.— 831 (a) Eligibility.—Eligibility requirements for all students 832 participating in high school athletic competition must allow a 833 student to be immediately eligible in the school in which he or 834 she first enrolls each school year, the school in which the 835 student makes himself or herself a candidate for an athletic 836 team by engaging in practice before enrolling, or the school to 837 which the student has transferred, in accordance with s. 838 1006.20(3)(a)s. 1006.20(2)(a). 839 (b) Medical evaluation.—Students must satisfactorily pass a 840 medical evaluation each year before participating in athletics, 841 unless the parent objects in writing based on religious tenets 842 or practices, in accordance with s. 1006.20(3)(d)the provisions843of s. 1006.20(2)(d). 844 Section 6. Subsection (8) of section 1002.42, Florida 845 Statutes, is amended to read: 846 1002.42 Private schools.— 847 (8) ATHLETIC COMPETITION.—A private school may participate 848 in athletic competition with a public high school in accordance 849 with s. 1006.20(2)the provisions of s. 1006.20(1). 850 Section 7. Paragraph (a) of subsection (1) and paragraph 851 (a) of subsection (2) of section 1006.165, Florida Statutes, are 852 amended to read: 853 1006.165 Well-being of students participating in 854 extracurricular activities; training.— 855 (1)(a) Each public school that is a member of any approved 856 athletic association under s. 1006.20the Florida High School857Athletic Association (FHSAA)must have an operational automated 858 external defibrillator on the school grounds. The defibrillator 859 must be available in a clearly marked and publicized location 860 for each athletic contest, practice, workout, or conditioning 861 session, including those conducted outside of the school year. 862 Public and private partnerships are encouraged to cover the cost 863 associated with the purchase and placement of the defibrillator 864 and training in the use of the defibrillator. 865 (2)(a) In order to better protect student athletes 866 participating in athletics during hot weather and avoid 867 preventable injury or death, each approved athletic association 868 under s. 1006.20the FHSAAshall: 869 1. Make training and resources available to each member 870 school for the effective monitoring of heat stress. 871 2. Establish guidelines for monitoring heat stress and 872 identify heat stress levels at which a school must make a 873 cooling zone available for each outdoor athletic contest, 874 practice, workout, or conditioning session. Heat stress must be 875 determined by measuring the ambient temperature, humidity, wind 876 speed, sun angle, and cloud cover at the site of the athletic 877 activity. 878 3. Require member schools to monitor heat stress and modify 879 athletic activities, including suspending or moving activities, 880 based on the heat stress guidelines. 881 4. Establish hydration guidelines, including appropriate 882 introduction of electrolytes after extended activities or when a 883 student participates in multiple activities in a day. 884 5. Establish requirements for cooling zones, including, at 885 a minimum, the immediate availability of cold-water immersion 886 tubs or equivalent means to rapidly cool internal body 887 temperature when a student exhibits symptoms of exertional heat 888 stroke and the presence of an employee or volunteer trained to 889 implement cold-water immersion. 890 6. Require each school’s emergency action plan, as required 891 by the associationFHSAA, to include a procedure for onsite 892 cooling using cold-water immersion or equivalent means before a 893 student is transported to a hospital for exertional heat stroke. 894 895 The requirements of this paragraph apply year-round. 896 Section 8. Section 1006.18, Florida Statutes, is amended to 897 read: 898 1006.18 Cheerleader safety standards.—Each approved 899 athletic association under s. 1006.20the Florida High School900Athletic Association or successor organizationshall adopt 901 statewide uniform safety standards for student cheerleaders and 902 spirit groups that participate in any school activity or 903 extracurricular student activity, if applicable. Such approved 904 athletic associationthe Florida High School Athletic905Association or successor organizationshall adopt the “Official 906 High School Spirit Rules,” published by the National Federation 907 of State High School Associations, as the statewide uniform 908 safety standards. 909 Section 9. Paragraphs (a) and (b) of subsection (1) and 910 subsection (2) of section 1006.195, Florida Statutes, are 911 amended to read: 912 1006.195 District school board, charter school authority 913 and responsibility to establish student eligibility regarding 914 participation in interscholastic and intrascholastic 915 extracurricular activities.—Notwithstanding any provision to the 916 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 917 eligibility to participate in interscholastic and 918 intrascholastic extracurricular activities: 919 (1)(a) A district school board must establish, through its 920 code of student conduct, student eligibility standards and 921 related student disciplinary actions regarding student 922 participation in interscholastic and intrascholastic 923 extracurricular activities. The code of student conduct must 924 provide that: 925 1. A student not currently suspended from interscholastic 926 or intrascholastic extracurricular activities, or suspended or 927 expelled from school, pursuant to a district school board’s 928 suspension or expulsion powers provided in law, including ss. 929 1006.07, 1006.08, and 1006.09, is eligible to participate in 930 interscholastic and intrascholastic extracurricular activities. 931 2. A student may not participate in a sport if the student 932 participated in that same sport at another school during that 933 school year, unless the student meets the criteria in s. 934 1006.15(3)(h). 935 3. A student’s eligibility to participate in any 936 interscholastic or intrascholastic extracurricular activity may 937 not be affected by any alleged recruiting violation until final 938 disposition of the allegation pursuant to s. 1006.20(3)(b)s.9391006.20(2)(b). 940 (b) Students who participate in interscholastic and 941 intrascholastic extracurricular activities for, but are not 942 enrolled in, a public school pursuant to s. 1006.15(3)(c)-(f) 943 and (8)s. 1006.15(3)(c)-(e) and (8), are subject to the 944 district school board’s code of student conduct for the limited 945 purpose of establishing and maintaining the student’s 946 eligibility to participate at the school. 947 (2)(a) Each approved athletic associationthe Florida High948School Athletic Association (FHSAA)continues to retain 949 jurisdiction over the following provisions in s. 1006.20, which 950 may not be implemented in a manner contrary to this section: 951 membership in the associationFHSAA; recruiting prohibitions and 952 violations; student medical evaluations; investigations; 953 sanctions for coaches; school eligibility and forfeiture of 954 contests; student concussions or head injuries;the sports955medical advisory committee;and the general operational 956 provisions of the associationFHSAA. 957 (b) Each approved athletic association under s. 1006.20the958FHSAAmust adopt, and prominently publish, the text of this 959 section on its website and in its bylaws, rules, procedures, 960 training and education materials, and all other governing 961 authority documentsby August 1, 2016. 962 Section 10. Paragraph (g) of subsection (2) of section 963 1012.468, Florida Statutes, is amended to read: 964 1012.468 Exceptions to certain fingerprinting and criminal 965 history checks.— 966 (2) A district school board shall exempt from the screening 967 requirements set forth in ss. 1012.465 and 1012.467 the 968 following noninstructional contractors: 969 (g) An investigator for any approved athletic association 970the Florida High School Athletic Association (FHSAA)who meets 971 the requirements under s. 1006.20(3)(e)s. 1006.20(2)(e). 972 Section 11. Paragraph (o) of subsection (1) of section 973 1012.795, Florida Statutes, is amended to read: 974 1012.795 Education Practices Commission; authority to 975 discipline.— 976 (1) The Education Practices Commission may suspend the 977 educator certificate of any instructional personnel or school 978 administrator, as defined in s. 1012.01(2) or (3), for up to 5 979 years, thereby denying that person the right to teach or 980 otherwise be employed by a district school board or public 981 school in any capacity requiring direct contact with students 982 for that period of time, after which the person may return to 983 teaching as provided in subsection (4); may revoke the educator 984 certificate of any person, thereby denying that person the right 985 to teach or otherwise be employed by a district school board or 986 public school in any capacity requiring direct contact with 987 students for up to 10 years, with reinstatement subject to 988 subsection (4); may permanently revoke the educator certificate 989 of any person thereby denying that person the right to teach or 990 otherwise be employed by a district school board or public 991 school in any capacity requiring direct contact with students; 992 may suspend a person’s educator certificate, upon an order of 993 the court or notice by the Department of Revenue relating to the 994 payment of child support; may direct the department to place a 995 certificateholder employed by a public school, charter school, 996 charter school governing board, or private school that 997 participates in a state scholarship program under chapter 1002 998 on the disqualification list maintained by the department 999 pursuant to s. 1001.10(4)(b) for misconduct that would render 1000 the person ineligible pursuant to s. 1012.315 or sexual 1001 misconduct with a student; or may impose any other penalty 1002 provided by law, if the person: 1003 (o) Has committed a third recruiting offense as determined 1004 by an approved athletic associationthe Florida High School1005Athletic Association (FHSAA)pursuant to s. 1006.20(3)(b)s.10061006.20(2)(b). 1007 Section 12. Subsections (3) and (7) of section 1012.796, 1008 Florida Statutes, are amended to read: 1009 1012.796 Complaints against teachers and administrators; 1010 procedure; penalties.— 1011 (3) The department staff shall advise the commissioner 1012 concerning the findings of the investigation and of all 1013 referrals by an approved athletic associationthe Florida High1014School Athletic Association (FHSAA)pursuant to ss. 1015 1006.20(3)(b)ss. 1006.20(2)(b)and 1012.795. The department 1016 general counsel or members of that staff shall review the 1017 investigation or the referral and advise the commissioner 1018 concerning probable cause or lack thereof. The determination of 1019 probable cause shall be made by the commissioner. The 1020 commissioner shall provide an opportunity for a conference, if 1021 requested, beforeprior todetermining probable cause. The 1022 commissioner may enter into deferred prosecution agreements in 1023 lieu of finding probable cause if, in his or her judgment, such 1024 agreements are in the best interests of the department, the 1025 certificateholder, and the public. Such deferred prosecution 1026 agreements shall become effective when filed with the clerk of 1027 the Education Practices Commission. However, a deferred 1028 prosecution agreement may not be entered into if there is 1029 probable cause to believe that a felony or an act of moral 1030 turpitude, as defined by rule of the State Board of Education, 1031 has occurred, or for referrals by any approved athletic 1032 associationthe FHSAA. Upon finding no probable cause, the 1033 commissioner shall dismiss the complaint and may issue a letter 1034 of guidance to the certificateholder. 1035 (7) A panel of the commission shall enter a final order 1036 either dismissing the complaint or imposing one or more of the 1037 following penalties: 1038 (a) Denial of an application for a certificate or for an 1039 administrative or supervisory endorsement on a teaching 1040 certificate. The denial may provide that the applicant may not 1041 reapply for certification, and that the department may refuse to 1042 consider that applicant’s application, for a specified period of 1043 time or permanently. 1044 (b) Revocation or suspension of a certificate. 1045 (c) Imposition of an administrative fine not to exceed 1046 $2,000 for each count or separate offense. 1047 (d) Placement of the teacher, administrator, or supervisor 1048 on probation for a period of time and subject to such conditions 1049 as the commission may specify, including requiring the certified 1050 teacher, administrator, or supervisor to complete additional 1051 appropriate college courses or work with another certified 1052 educator, with the administrative costs of monitoring the 1053 probation assessed to the educator placed on probation. An 1054 educator who has been placed on probation shall, at a minimum: 1055 1. Immediately notify the investigative office in the 1056 Department of Education upon employment or separation from 1057 employment in any public or private position requiring a Florida 1058 educator’s certificate. 1059 2. Have his or her immediate supervisor submit annual 1060 performance reports to the investigative office in the 1061 Department of Education. 1062 3. Pay to the commission within the first 6 months of each 1063 probation year the administrative costs of monitoring probation 1064 assessed to the educator. 1065 4. Violate no law and fully comply with all district school 1066 board policies, school rules, and State Board of Education 1067 rules. 1068 5. Satisfactorily perform his or her assigned duties in a 1069 competent, professional manner. 1070 6. Bear all costs of complying with the terms of a final 1071 order entered by the commission. 1072 (e) Restriction of the authorized scope of practice of the 1073 teacher, administrator, or supervisor. 1074 (f) Reprimand of the teacher, administrator, or supervisor 1075 in writing, with a copy to be placed in the certification file 1076 of such person. 1077 (g) Imposition of an administrative sanction, upon a person 1078 whose teaching certificate has expired, for an act or acts 1079 committed while that person possessed a teaching certificate or 1080 an expired certificate subject to late renewal, which sanction 1081 bars that person from applying for a new certificate for a 1082 period of 10 years or less, or permanently. 1083 (h) Refer the teacher, administrator, or supervisor to the 1084 recovery network program provided in s. 1012.798 under such 1085 terms and conditions as the commission may specify. 1086 (i) Direct the department to place instructional personnel 1087 or school administrators on the disqualification list maintained 1088 by the department pursuant to s. 1001.10(4)(b) for conduct that 1089 would render the person ineligible pursuant to s. 1012.315 or 1090 sexual misconduct with a student. 1091 1092 The penalties imposed under this subsection are in addition to, 1093 and not in lieu of, the penalties required for a third 1094 recruiting offense pursuant to s. 1006.20(3)(b)s.10951006.20(2)(b). 1096 Section 13. This act shall take effect July 1, 2023.