Bill Text: FL S0738 | 2022 | Regular Session | Introduced
Bill Title: Athletic Associations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-03-14 - Died in Education [S0738 Detail]
Download: Florida-2022-S0738-Introduced.html
Florida Senate - 2022 SB 738 By Senator Hutson 7-00454A-22 2022738__ 1 A bill to be entitled 2 An act relating to athletic associations; amending s. 3 1006.20, F.S.; authorizing the Commissioner of 4 Education, with the approval of the State Board of 5 Education, to approve nonprofit athletic associations 6 that meet certain requirements; defining the term 7 “approved athletic association” and including the 8 Florida High School Athletic Association within the 9 meaning of that term; specifying that both private 10 high schools and traditional public high schools are 11 authorized to become members of an approved athletic 12 association; providing that approved athletic 13 associations are subject to certain requirements; 14 requiring approved athletic associations to adopt 15 certain bylaws; conforming provisions to changes made 16 by the act; amending ss. 768.135, 1002.20, 1002.42, 17 1006.15, 1006.165, 1006.18, 1006.195, 1012.468, 18 1012.795, and 1012.796, F.S.; conforming cross 19 references and provisions to changes made by the act; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Present subsections (2) through (8) of section 25 1006.20, Florida Statutes, are redesignated as subsections (3) 26 through (9), respectively, and subsection (1) and present 27 subsections (2) and (7) of that section are amended, to read: 28 1006.20 Athletics in public K-12 schools.— 29 (1) GOVERNING NONPROFIT ASSOCIATIONORGANIZATION.—The 30 Florida High School Athletic Association (FHSAA) is designated 31 as athe governingnonprofit athletic associationorganization32ofathletics in Florida public schools. In addition to the FHSAA 33If the FHSAA fails to meet the provisions of this section, the 34 commissioner, with the approval of the State Board of Education, 35 may approve othershall designate anonprofit athletic 36 associations. As used in this section, the term “approved 37 athletic association” means the FHSAA or another nonprofit 38 athletic association approved by the commissionerorganization39to govern athleticswith the approval of the State Board of 40 Education. An approved athletic associationThe FHSAAis not a 41 state agency as defined in s. 120.52 but is. The FHSAA shall be42 subject to ss. 1006.15-1006.19the provisions of s. 1006.19. 43 (2) MEMBERSHIP.—A private school that wishes to engage in44high school athletic competition with a public high school may45become a member of the FHSAA.Any high school in thisthestate, 46 including private schools, traditional public schools, charter 47 schools, virtual schools, and home education cooperatives, may 48 become a member of an approved athletic associationthe FHSAA49and participate in the activities of the FHSAA. However, 50 membership in an associationthe FHSAAis not mandatory for any 51 school. An approved athletic associationThe FHSAAmust allow 52 anya privateschool or cooperative the option of maintaining 53 full membership in the association or joining by sport and may 54 not discourage anya privateschool or cooperative from 55 simultaneously maintaining membership in another approved 56 athletic association. An approved athletic associationThe FHSAA57may allow a public school the option to apply for consideration58to join another athletic association.The FHSAAmay not deny or 59 discourage interscholastic competition between its member 60 schools and nonmembernon-FHSAA memberFlorida schools, 61 including members of another approved athletic association 62governing organization, and may not take any retributory or 63 discriminatory action against any of its member schools that 64 participate in interscholastic competition with nonmembernon65FHSAA memberFlorida schools. The FHSAA may notunreasonably66 withhold its approval of an application to become an affiliate 67 member of the National Federation of State High School 68 Associations submitted by any other approved athletic 69 associationorganizationthat governs interscholastic athletic 70 competition in this state. The respective bylaws of each 71 approved athletic associationthe FHSAAare the rules by which 72 high school athletic programs in its member schools, and the 73 students who participate in them, are governed, unless otherwise 74 specifically provided by statute. For the purposes of this 75 section, the term “high school” includes grades 6 through 12. 76 (3)(2)ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.— 77 (a) An approved athletic associationthe FHSAAshall adopt 78 bylaws that, unless specifically provided by statute, establish 79 eligibility requirements for all students who participate in 80 high school athletic competition in its member schools. The 81 bylaws governing residence and transfer mustshallallow the 82 student to be immediately eligible in the school in which he or 83 she first enrolls each school year or the school in which the 84 student makes himself or herself a candidate for an athletic 85 team by engaging in a practice beforeprior toenrolling in the 86 school. The bylaws also mustshall alsoallow the student to be 87 immediately eligible in the school to which the student has 88 transferred. The student isshall beeligible in that school so 89 long as he or she remains enrolled in that school. Subsequent 90 eligibility mustshallbe determined and enforced as provided in 91throughthe association’sFHSAA’sbylaws. Requirements governing 92 eligibility and transfer between member schools mustshallbe 93 applied similarly to public school students and private school 94 students. 95 (b) An approved athletic associationthe FHSAAshall adopt 96 bylaws that specifically prohibit the recruiting of students for 97 athletic purposes. The bylaws mustshallprescribe penalties and 98 an appeals process for athletic recruiting violations. 99 1. If it is determined that a school has recruited a 100 student in violation of associationFHSAAbylaws, the 101 associationFHSAAmay require the school to participate in a 102 higher classification for the sport in which the recruited 103 student competes for a minimum of one classification cycle, in 104 addition to the penalties in subparagraphs 2. and 3. and any 105 other appropriate fine or sanction imposed on the school, its 106 coaches, or adult representatives who violate recruiting rules. 107 2. Any recruitment by a school district employee or 108 contractor in violation of associationFHSAAbylaws results in 109 escalating punishments as follows: 110 a. For a first offense, a $5,000 forfeiture of pay for the 111 school district employee or contractor who committed the 112 violation. 113 b. For a second offense, suspension without pay for 12 114 months from coaching, directing, or advertising an 115 extracurricular activity and a $5,000 forfeiture of pay for the 116 school district employee or contractor who committed the 117 violation. 118 c. For a third offense, a $5,000 forfeiture of pay for the 119 school district employee or contractor who committed the 120 violation. If the individual who committed the violation holds 121 an educator certificate, the association mustFHSAA shallalso 122 refer the violation to the department for review pursuant to s. 123 1012.796 to determine whether probable cause exists, and, if 124 there is a finding of probable cause, the commissioner must 125shallfile a formal complaint against the individual. If the 126 complaint is upheld, the individual’s educator certificate must 127shallbe revoked for 3 years, in addition to any penalties 128 available under s. 1012.796. Additionally, the department shall 129 revoke any adjunct teaching certificates issued pursuant to s. 130 1012.57 and all permissions under ss. 1012.39 and 1012.43, and 131 the educator is ineligible for such certificates or permissions 132 for a period of time equal to the period of revocation of his or 133 her state-issued certificate. 134 3. Notwithstanding any other provision of law, a school, 135 team, or activity shall forfeit all competitions, including 136 honors resulting from such competitions, in which a student who 137 participated in any fashion was recruited in a manner prohibited 138 pursuant to state law or the associationFHSAAbylaws. 139 4. A student may not be declared ineligible based on 140 violation of recruiting rules unless the student or parent has 141 falsified any enrollment or eligibility document or accepted any 142 benefit if such benefit is not generally available to the 143 school’s students or family members or is based in any way on 144 athletic interest, potential, or performance. 145 5. A student’s eligibility to participate in any 146 interscholastic or intrascholastic extracurricular activity, as 147 determined by a district school board pursuant to s. 148 1006.195(1)(a)3., may not be affected by any alleged recruiting 149 violation until final disposition of the allegation. 150 (c) An approved athletic associationthe FHSAAshall adopt 151 bylaws that require all students participating in 152 interscholastic athletic competition or who are candidates for 153 an interscholastic athletic team to satisfactorily pass a 154 medical evaluation each year before participating in 155 interscholastic athletic competition or engaging in any 156 practice, tryout, workout, conditioning, or other physical 157 activity associated with the student’s candidacy for an 158 interscholastic athletic team, including activities that occur 159 outside of the school year. Such medical evaluation may be 160 administered only by a practitioner licensed under chapter 458, 161 chapter 459, chapter 460, or s. 464.012 or registered under s. 162 464.0123 and in good standing with the practitioner’s regulatory 163 board. The bylaws mustshallestablish requirements for 164 eliciting a student’s medical history and performing the medical 165 evaluation required under this paragraph, which shall include a 166 physical assessment of the student’s physical capabilities to 167 participate in interscholastic athletic competition as contained 168 in a uniform preparticipation physical evaluation and history 169 form. The evaluation form mustshallincorporate the 170 recommendations of the American Heart Association for 171 participation cardiovascular screening and shall provide a place 172 for the signature of the practitioner performing the evaluation 173 with an attestation that each examination procedure listed on 174 the form was performed by the practitioner or by someone under 175 the direct supervision of the practitioner. The form mustshall176 also contain a place for the practitioner to indicate if a 177 referral to another practitioner was made in lieu of completion 178 of a certain examination procedure. The form mustshallprovide 179 a place for the practitioner to whom the student was referred to 180 complete the remaining sections and attest to that portion of 181 the examination. The preparticipation physical evaluation form 182 mustshalladvise students to complete a cardiovascular 183 assessment and mustshallinclude information concerning 184 alternative cardiovascular evaluation and diagnostic tests. 185 Results of such medical evaluation must be provided to the 186 school. A student is not eligible to participate, as provided in 187 s. 1006.15(3), in any interscholastic athletic competition or 188 engage in any practice, tryout, workout, or other physical 189 activity associated with the student’s candidacy for an 190 interscholastic athletic team until the results of the medical 191 evaluation have been received and approved by the school. 192 (d) Notwithstandingthe provisions ofparagraph (c), a 193 student may participate in interscholastic athletic competition 194 or be a candidate for an interscholastic athletic team if the 195 parent of the student objects in writing to the student 196 undergoing a medical evaluation because such evaluation is 197 contrary to his or her religious tenets or practices. However, 198 in such case, there may notshallbenoliability on the part of 199 any person or entity in a position to otherwise rely on the 200 results of such medical evaluation for any damages resulting 201 from the student’s injury or death arising directly from the 202 student’s participation in interscholastic athletics where an 203 undisclosed medical condition that would have been revealed in 204 the medical evaluation is a proximate cause of the injury or 205 death. 206 (e) An approved athletic associationthe FHSAAshall adopt 207 bylaws that regulate persons who conduct investigations on 208 behalf of the associationFHSAA. The bylaws mustshallinclude 209 provisions that require an investigator to: 210 1. Undergo level 2 background screening under s. 435.04, 211 establishing that the investigator has not committed any 212 disqualifying offense listed in s. 435.04, unless the 213 investigator can provide proof of compliance with level 2 214 screening standards submitted within the previous 5 years to 215 meet any professional licensure requirements, provided: 216 a. The investigator has not had a break in service from a 217 position that requires level 2 screening for more than 90 days; 218 and 219 b. The investigator submits, under penalty of perjury, an 220 affidavit verifying that the investigator has not committed any 221 disqualifying offense listed in s. 435.04 and is in full 222 compliance with this paragraph. 223 2. Be appointed as an investigator by the executive 224 director. 225 3. Carry a photo identification card that shows the 226 association’sFHSAAname and,logo,and the investigator’s 227 official title. 228 4. Adhere to the following guidelines: 229 a. Investigate only those alleged violations assigned by 230 the executive director or the board of directors. 231 b. Conduct interviews on Monday through Friday between the 232 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 233 the interviewee. 234 c. Allow the parent of any student being interviewed to be 235 present during the interview. 236 d. Search residences or other private areas only with the 237 permission of the executive director and the written consent of 238 the student’s parent and only with a parent or a representative 239 of the parent present. 240 (f) An approved athletic associationthe FHSAAshall adopt 241 bylaws that establish sanctions for coaches who have committed 242 major violations of the association’sFHSAA’sbylaws and 243 policies. 244 1. Major violations include, but are not limited to, 245 knowingly allowing an ineligible student to participate in a 246 contest representing a member school in an interscholastic 247 contest or committing a violation of the association’sFHSAA’s248 recruiting or sportsmanship policies. 249 2. Sanctions placed upon an individual coach may include, 250 but are not limited to, prohibiting or suspending the coach from 251 coaching, participating in, or attending any athletic activity 252 sponsored, recognized, or sanctioned by the associationFHSAA253 and the member school for which the coach committed the 254 violation. If a coach is sanctioned by the associationFHSAAand 255 the coach transfers to another member school, those sanctions 256 remain in full force and effect during the term of the sanction. 257 3. If a member school is assessed a financial penalty as a 258 result of a coach committing a major violation, the coach must 259shallreimburse the member school before being allowed to coach, 260 participate in, or attend any athletic activity sponsored, 261 recognized, or sanctioned by the associationFHSAAand a member 262 school. 263 4. The associationFHSAAshall establish a due process 264 procedure for coaches sanctioned under this paragraph, 265 consistent with the appeals procedures set forth in subsection 266 (8)(7). 267 (g) An approved athletic associationthe FHSAAshall adopt 268 bylaws establishing the process and standards by which the 269 association’sFHSAAdeterminations of eligibility are made. Such 270 bylaws mustshallprovide that: 271 1. Ineligibility must be established by a preponderance of 272 the evidence; 273 2. Student athletes, parents, and schools must have notice 274 of the initiation of any investigation or other inquiry into 275 eligibility and may present, to the investigator and to the 276 individual making the eligibility determination, any information 277 or evidence that is credible, persuasive, and of a kind 278 reasonably prudent persons rely upon in the conduct of serious 279 affairs; 280 3. An investigator may not determine matters of eligibility 281 but must submit information and evidence to the executive 282 director or a person designated by the executive director or by 283 the board of directors for an unbiased and objective 284 determination of eligibility; and 285 4. A determination of ineligibility must be made in 286 writing, setting forth the findings of fact and specific 287 violation upon which the decision is based. 288 (h) In lieu of bylaws adopted under paragraph (g), an 289 approved athletic associationthe FHSAAmay adopt bylaws 290 providing as a minimum the procedural safeguards of ss. 120.569 291 and 120.57, making appropriate provision for appointment of 292 unbiased and qualified hearing officers. 293 (i) An approved athletic association’sthe FHSAAbylaws may 294 not limit the competition of student athletes prospectively for 295 rule violations of their school or its coaches or their adult 296 representatives. The associationFHSAAbylaws may not unfairly 297 punish student athletes for eligibility or recruiting violations 298 perpetrated by a teammate, coach, or administrator. Contests may 299 not be forfeited for inadvertent eligibility violations unless 300 the coach or a school administrator should have known of the 301 violation. Contests may not be forfeited for other eligibility 302 violations or recruiting violations in excess of the number of 303 contests that the coaches and adult representatives responsible 304 for the violations are prospectively suspended. 305 (j) An approved athletic associationthe FHSAAshall adopt 306 guidelines to educate athletic coaches, officials, 307 administrators, and student athletes and their parents of the 308 nature and risk of concussion and head injury. 309 (k) An approved athletic associationthe FHSAAshall adopt 310 bylaws or policies that require the parent of a student who is 311 participating in interscholastic athletic competition or who is 312 a candidate for an interscholastic athletic team to sign and 313 return an informed consent that explains the nature and risk of 314 concussion and head injury, including the risk of continuing to 315 play after concussion or head injury, each year before 316 participating in interscholastic athletic competition or 317 engaging in any practice, tryout, workout, or other physical 318 activity associated with the student’s candidacy for an 319 interscholastic athletic team. 320 (l) An approved athletic associationthe FHSAAshall adopt 321 bylaws or policies that require each student athlete who is 322 suspected of sustaining a concussion or head injury in a 323 practice or competition to be immediately removed from the 324 activity. A student athlete who has been removed from an 325 activity may not return to practice or competition until the 326 student submits to the school a written medical clearance to 327 return stating that the student athlete no longer exhibits 328 signs, symptoms, or behaviors consistent with a concussion or 329 other head injury. Medical clearance must be authorized by the 330 appropriate health care practitioner trained in the diagnosis, 331 evaluation, and management of concussions as defined by the 332 Sports Medicine Advisory Committee of the Florida High School 333 Athletic Association. 334 (m) An approved athletic associationThe FHSAAshall adopt 335 bylaws for the establishment and duties of a sports medicine 336 advisory committee composed of the following members: 337 1. Eight physicians licensed under chapter 458 or chapter 338 459 with at least one member licensed under chapter 459. 339 2. One chiropractor licensed under chapter 460. 340 3. One podiatrist licensed under chapter 461. 341 4. One dentist licensed under chapter 466. 342 5. Three athletic trainers licensed under part XIII of 343 chapter 468. 344 6. One member who is a current or retired head coach of a 345 high school in the state. 346 (8)(7)APPEALS.— 347 (a) An approved athletic associationthe FHSAAshall 348 establish a procedure of due process which ensures each student 349 the opportunity to appeal an unfavorable ruling with regard to 350 his or her eligibility to compete. The initial appeal shall be 351 made to a committee on appeals within the administrative region 352 in which the student lives. The approved athletic association’s 353FHSAA’sbylaws mustshallestablish the number, size, and 354 composition of each committee on appeals. 355 (b) No member of the board of directors is eligible to 356 serve on a committee on appeals. 357 (c) Members of a committee on appeals shall serve terms of 358 3 years and are eligible to succeed themselves only once. A 359 member of a committee on appeals may serve a maximum of 6 360 consecutive years. The approved athletic association’sFHSAA’s361 bylaws mustshallestablish a rotation of terms to ensure that a 362 majority of the members’ terms do not expire concurrently. 363 (d) The authority and duties of a committee on appeals 364 shall be to consider requests by member schools seeking 365 exceptions to bylaws and regulations, to hear undue hardship 366 eligibility cases filed by member schools on behalf of student 367 athletes, and to hear appeals filed by member schools or student 368 athletes. 369 (e) A student athlete or member school that receives an 370 unfavorable ruling from a committee on appeals shall be entitled 371 to appeal that decision to the board of directors at its next 372 regularly scheduled meeting or called meeting. The board of 373 directors shall have the authority to uphold, reverse, or amend 374 the decision of the committee on appeals. In all such cases, the 375 decision of the board of directors shall be final. 376 (f) The approved athletic associationFHSAAshall expedite 377 the appeals process on determinations of ineligibility so that 378 disposition of the appeal can be made before the end of the 379 applicable sports season, if possible. 380 (g) In any appeal from a decision on eligibility made by 381 the executive director or a designee, a school or student 382 athlete filing the appeal must be permitted to present 383 information and evidence that was not available at the time of 384 the initial determination or if the determination was not made 385 by an unbiased, objective individual using a process allowing 386 full due process rights to be heard and to present evidence. If 387 evidence is presented on appeal, a de novo decision must be made 388 by the committee or board hearing the appeal, or the 389 determination may be suspended and the matter remanded for a new 390 determination based on all the evidence. If a de novo decision 391 is made on appeal, the decision must be made in writing, setting 392 forth the findings of fact and specific violation upon which the 393 decision is based. If a de novo decision is not required, the 394 decision appealed must be set aside if the decision on 395 ineligibility was not based on clear and convincing evidence. 396 Any further appeal shall be considered on a record that includes 397 all evidence presented. 398 Section 2. Subsection (3) of section 768.135, Florida 399 Statutes, is amended to read: 400 768.135 Volunteer team physicians; immunity.— 401 (3) A practitioner licensed under chapter 458, chapter 459, 402 chapter 460, or s. 464.012 or registered under s. 464.0123 who 403 gratuitously and in good faith conducts an evaluation pursuant 404 to s. 1006.20(3)(c)s. 1006.20(2)(c)is not liable for any civil 405 damages arising from that evaluation unless the evaluation was 406 conducted in a wrongful manner. 407 Section 3. Subsection (17) of section 1002.20, Florida 408 Statutes, is amended to read: 409 1002.20 K-12 student and parent rights.—Parents of public 410 school students must receive accurate and timely information 411 regarding their child’s academic progress and must be informed 412 of ways they can help their child to succeed in school. K-12 413 students and their parents are afforded numerous statutory 414 rights including, but not limited to, the following: 415 (17) ATHLETICS; PUBLIC HIGH SCHOOL.— 416 (a) Eligibility.—Eligibility requirements for all students 417 participating in high school athletic competition must allow a 418 student to be immediately eligible in the school in which he or 419 she first enrolls each school year, the school in which the 420 student makes himself or herself a candidate for an athletic 421 team by engaging in practice before enrolling, or the school to 422 which the student has transferred, in accordance with s. 423 1006.20(3)(a)s. 1006.20(2)(a). 424 (b) Medical evaluation.—Students must satisfactorily pass a 425 medical evaluation each year before participating in athletics, 426 unless the parent objects in writing based on religious tenets 427 or practices, in accordance with s. 1006.20(3)(d)the provisions428of s. 1006.20(2)(d). 429 Section 4. Subsection (8) of section 1002.42, Florida 430 Statutes, is amended to read: 431 1002.42 Private schools.— 432 (8) ATHLETIC COMPETITION.—A private school may participate 433 in athletic competition with a public high school by joining an 434 approved athletic association in accordance with s. 1006.20the435provisions of s. 1006.20(1). 436 Section 5. Subsection (8) and paragraph (a) of subsection 437 (9) of section 1006.15, Florida Statutes, are amended to read: 438 1006.15 Student standards for participation in 439 interscholastic and intrascholastic extracurricular student 440 activities; regulation.— 441 (8)(a) An approved athletic association under s. 1006.20 442the Florida High School Athletic Association (FHSAA), in 443 cooperation with each district school board, shall facilitate a 444 program in which a middle school or high school student who 445 attends a private school shall be eligible to participate in an 446 interscholastic or intrascholastic sport at a public high 447 school, a public middle school, or a 6-12 public school to which 448 the student would be assigned according to district school board 449 attendance area policies and procedures or which the student 450 could choose to attend pursuant to s. 1002.31, provided the 451 public school has not reached capacity as determined by the 452 district school board, if: 453 1. The private school in which the student is enrolled is 454 not a member of the associationFHSAA. 455 2. The private school student meets the guidelines for the 456 conduct of the program established by the association’sFHSAA’s457 board of directors and the district school board. At a minimum, 458 such guidelines mustshallprovide:459a.a deadline for each sport by which the private school 460 student’s parents must register with the public school in 461 writing their intent for their child to participate at that 462 school in the sport. 463b.Requirements for a private school student to464participate, including, but not limited to, meeting the same465standards of eligibility, acceptance, behavior, educational466progress, and performance which apply to other students467participating in interscholastic or intrascholastic sports at a468public school or FHSAA member private school.469 (b) The parents of a private school student participating 470 in a public school sport under this subsection are responsible 471 for transporting their child to and from the public school at 472 which the student participates. The private school the student 473 attends, the public school at which the student participates in 474 a sport, the district school board, and the associationFHSAA475 are exempt from civil liability arising from any injury that 476 occurs to the student during such transportation. 477 (c) For each academic year, a private school student may 478 only participate at the public school in which the student is 479 first registered under subparagraph (a)2.sub-subparagraph480(a)2.a.or makes himself or herself a candidate for an athletic 481 team by engaging in a practice. 482 (d) The athletic director of each participating association 483FHSAAmember public school shall maintain the student records 484 necessary for eligibility, compliance, and participation in the 485 program. 486 (e) Any nonmembernon-FHSAA memberprivate school that has 487 a student who wishes to participate in this program must make 488 all student records, including, but not limited to, academic, 489 financial, disciplinary, and attendance records, available upon 490 request of the associationFHSAA. 491 (f) A student must apply to participate in this program 492 through the association’sFHSAAprogram application process. 493 (g) Only students who are enrolled in nonmembernon-FHSAA494memberprivate schools consisting of 125 students or fewer are 495 eligible to participate in the program in any given academic 496 year. 497 (9)(a) A student who transfers to a school during the 498 school year may seek to immediately join an existing team if the 499 roster for the specific interscholastic or intrascholastic 500 extracurricular activity has not reached the activity’s 501 identified maximum size and if the coach for the activity 502 determines that the student has the requisite skill and ability 503 to participate. The associationFHSAAand school district or 504 charter school may not declare such a student ineligible because 505 the student did not have the opportunity to comply with 506 qualifying requirements. 507 Section 6. Paragraph (a) of subsection (1) and paragraph 508 (a) of subsection (2) of section 1006.165, Florida Statutes, are 509 amended to read: 510 1006.165 Well-being of students participating in 511 extracurricular activities; training.— 512 (1)(a) Each public school that is a member of an approved 513 athletic association under s. 1006.20the Florida High School514Athletic Association (FHSAA)must have an operational automated 515 external defibrillator on the school grounds. The defibrillator 516 must be available in a clearly marked and publicized location 517 for each athletic contest, practice, workout, or conditioning 518 session, including those conducted outside of the school year. 519 Public and private partnerships are encouraged to cover the cost 520 associated with the purchase and placement of the defibrillator 521 and training in the use of the defibrillator. 522 (2)(a) In order to better protect student athletes 523 participating in athletics during hot weather and avoid 524 preventable injury or death, an approved athletic association 525 under s. 1006.20the FHSAAshall: 526 1. Make training and resources available to each member 527 school for the effective monitoring of heat stress. 528 2. Establish guidelines for monitoring heat stress and 529 identify heat stress levels at which a school must make a 530 cooling zone available for each outdoor athletic contest, 531 practice, workout, or conditioning session. Heat stress must be 532 determined by measuring the ambient temperature, humidity, wind 533 speed, sun angle, and cloud cover at the site of the athletic 534 activity. 535 3. Require member schools to monitor heat stress and modify 536 athletic activities, including suspending or moving activities, 537 based on the heat stress guidelines. 538 4. Establish hydration guidelines, including appropriate 539 introduction of electrolytes after extended activities or when a 540 student participates in multiple activities in a day. 541 5. Establish requirements for cooling zones, including, at 542 a minimum, the immediate availability of cold-water immersion 543 tubs or equivalent means to rapidly cool internal body 544 temperature when a student exhibits symptoms of exertional heat 545 stroke and the presence of an employee or volunteer trained to 546 implement cold-water immersion. 547 6. Require each school’s emergency action plan, as required 548 by the associationFHSAA, to include a procedure for onsite 549 cooling using cold-water immersion or equivalent means before a 550 student is transported to a hospital for exertional heat stroke. 551 552 The requirements of this paragraph apply year-round. 553 Section 7. Section 1006.18, Florida Statutes, is amended to 554 read: 555 1006.18 Cheerleader safety standards.—An approved athletic 556 association under s. 1006.20the Florida High School Athletic557Association or successor organizationshall adopt statewide 558 uniform safety standards for student cheerleaders and spirit 559 groups that participate in any school activity or 560 extracurricular student activity, if applicable. Such approved 561 athletic associationthe Florida High School Athletic562Association or successor organizationshall adopt the “Official 563 High School Spirit Rules,” published by the National Federation 564 of State High School Associations, as the statewide uniform 565 safety standards. 566 Section 8. Paragraph (a) of subsection (1) and subsection 567 (2) of section 1006.195, Florida Statutes, are amended to read: 568 1006.195 District school board, charter school authority 569 and responsibility to establish student eligibility regarding 570 participation in interscholastic and intrascholastic 571 extracurricular activities.—Notwithstanding any provision to the 572 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 573 eligibility to participate in interscholastic and 574 intrascholastic extracurricular activities: 575 (1)(a) A district school board must establish, through its 576 code of student conduct, student eligibility standards and 577 related student disciplinary actions regarding student 578 participation in interscholastic and intrascholastic 579 extracurricular activities. The code of student conduct must 580 provide that: 581 1. A student not currently suspended from interscholastic 582 or intrascholastic extracurricular activities, or suspended or 583 expelled from school, pursuant to a district school board’s 584 suspension or expulsion powers provided in law, including ss. 585 1006.07, 1006.08, and 1006.09, is eligible to participate in 586 interscholastic and intrascholastic extracurricular activities. 587 2. A student may not participate in a sport if the student 588 participated in that same sport at another school during that 589 school year, unless the student meets the criteria in s. 590 1006.15(3)(h). 591 3. A student’s eligibility to participate in any 592 interscholastic or intrascholastic extracurricular activity may 593 not be affected by any alleged recruiting violation until final 594 disposition of the allegation pursuant to s. 1006.20(3)(b)s.5951006.20(2)(b). 596 (2)(a) An approved athletic associationthe Florida High597School Athletic Association (FHSAA)continues to retain 598 jurisdiction over the following provisions in s. 1006.20, which 599 may not be implemented in a manner contrary to this section: 600 membership in the associationFHSAA; recruiting prohibitions and 601 violations; student medical evaluations; investigations; 602 sanctions for coaches; school eligibility and forfeiture of 603 contests; student concussions or head injuries; the sports 604 medical advisory committee; and the general operational 605 provisions of the associationFHSAA. 606 (b) An approved athletic association under s. 1006.20the607FHSAAmust adopt, and prominently publish, the text of this 608 section on its website and in its bylaws, rules, procedures, 609 training and education materials, and all other governing 610 authority documentsby August 1, 2016. 611 Section 9. Paragraph (g) of subsection (2) of section 612 1012.468, Florida Statutes, is amended to read: 613 1012.468 Exceptions to certain fingerprinting and criminal 614 history checks.— 615 (2) A district school board shall exempt from the screening 616 requirements set forth in ss. 1012.465 and 1012.467 the 617 following noninstructional contractors: 618 (g) An investigator for an approved athletic association 619the Florida High School Athletic Association (FHSAA)who meets 620 the requirements under s. 1006.20(3)(e)s. 1006.20(2)(e). 621 Section 10. Paragraph (o) of subsection (1) of section 622 1012.795, Florida Statutes, is amended to read: 623 1012.795 Education Practices Commission; authority to 624 discipline.— 625 (1) The Education Practices Commission may suspend the 626 educator certificate of any instructional personnel or school 627 administrator, as defined in s. 1012.01(2) or (3), for up to 5 628 years, thereby denying that person the right to teach or 629 otherwise be employed by a district school board or public 630 school in any capacity requiring direct contact with students 631 for that period of time, after which the person may return to 632 teaching as provided in subsection (4); may revoke the educator 633 certificate of any person, thereby denying that person the right 634 to teach or otherwise be employed by a district school board or 635 public school in any capacity requiring direct contact with 636 students for up to 10 years, with reinstatement subject to 637 subsection (4); may permanently revoke the educator certificate 638 of any person thereby denying that person the right to teach or 639 otherwise be employed by a district school board or public 640 school in any capacity requiring direct contact with students; 641 may suspend a person’s educator certificate, upon an order of 642 the court or notice by the Department of Revenue relating to the 643 payment of child support; may direct the department to place a 644 certificateholder employed by a public school, charter school, 645 charter school governing board, or private school that 646 participates in a state scholarship program under chapter 1002 647 on the disqualification list maintained by the department 648 pursuant to s. 1001.10(4)(b) for misconduct that would render 649 the person ineligible pursuant to s. 1012.315 or sexual 650 misconduct with a student; or may impose any other penalty 651 provided by law, if the person: 652 (o) Has committed a third recruiting offense as determined 653 by an approved athletic associationthe Florida High School654Athletic Association (FHSAA)pursuant to s. 1006.20(3)(b)s.6551006.20(2)(b). 656 Section 11. Subsections (3) and (7) of section 1012.796, 657 Florida Statutes, are amended to read: 658 1012.796 Complaints against teachers and administrators; 659 procedure; penalties.— 660 (3) The department staff shall advise the commissioner 661 concerning the findings of the investigation and of all 662 referrals by an approved athletic associationthe Florida High663School Athletic Association (FHSAA)pursuant to ss. 664 1006.20(3)(b)1006.20(2)(b)and 1012.795. The department general 665 counsel or members of that staff shall review the investigation 666 or the referral and advise the commissioner concerning probable 667 cause or lack thereof. The determination of probable cause shall 668 be made by the commissioner. The commissioner shall provide an 669 opportunity for a conference, if requested, beforeprior to670 determining probable cause. The commissioner may enter into 671 deferred prosecution agreements in lieu of finding probable 672 cause if, in his or her judgment, such agreements are in the 673 best interests of the department, the certificateholder, and the 674 public. Such deferred prosecution agreements shall become 675 effective when filed with the clerk of the Education Practices 676 Commission. However, a deferred prosecution agreement may not be 677 entered into if there is probable cause to believe that a felony 678 or an act of moral turpitude, as defined by rule of the State 679 Board of Education, has occurred, or for referrals by an 680 approved athletic associationthe FHSAA. Upon finding no 681 probable cause, the commissioner shall dismiss the complaint and 682 may issue a letter of guidance to the certificateholder. 683 (7) A panel of the commission shall enter a final order 684 either dismissing the complaint or imposing one or more of the 685 following penalties: 686 (a) Denial of an application for a certificate or for an 687 administrative or supervisory endorsement on a teaching 688 certificate. The denial may provide that the applicant may not 689 reapply for certification, and that the department may refuse to 690 consider that applicant’s application, for a specified period of 691 time or permanently. 692 (b) Revocation or suspension of a certificate. 693 (c) Imposition of an administrative fine not to exceed 694 $2,000 for each count or separate offense. 695 (d) Placement of the teacher, administrator, or supervisor 696 on probation for a period of time and subject to such conditions 697 as the commission may specify, including requiring the certified 698 teacher, administrator, or supervisor to complete additional 699 appropriate college courses or work with another certified 700 educator, with the administrative costs of monitoring the 701 probation assessed to the educator placed on probation. An 702 educator who has been placed on probation shall, at a minimum: 703 1. Immediately notify the investigative office in the 704 Department of Education upon employment or separation from 705 employment in any public or private position requiring a Florida 706 educator’s certificate. 707 2. Have his or her immediate supervisor submit annual 708 performance reports to the investigative office in the 709 Department of Education. 710 3. Pay to the commission within the first 6 months of each 711 probation year the administrative costs of monitoring probation 712 assessed to the educator. 713 4. Violate no law and fully comply with all district school 714 board policies, school rules, and State Board of Education 715 rules. 716 5. Satisfactorily perform his or her assigned duties in a 717 competent, professional manner. 718 6. Bear all costs of complying with the terms of a final 719 order entered by the commission. 720 (e) Restriction of the authorized scope of practice of the 721 teacher, administrator, or supervisor. 722 (f) Reprimand of the teacher, administrator, or supervisor 723 in writing, with a copy to be placed in the certification file 724 of such person. 725 (g) Imposition of an administrative sanction, upon a person 726 whose teaching certificate has expired, for an act or acts 727 committed while that person possessed a teaching certificate or 728 an expired certificate subject to late renewal, which sanction 729 bars that person from applying for a new certificate for a 730 period of 10 years or less, or permanently. 731 (h) Refer the teacher, administrator, or supervisor to the 732 recovery network program provided in s. 1012.798 under such 733 terms and conditions as the commission may specify. 734 735 The penalties imposed under this subsection are in addition to, 736 and not in lieu of, the penalties required for a third 737 recruiting offense pursuant to s. 1006.20(3)(b)s.7381006.20(2)(b). 739 Section 12. This act shall take effect July 1, 2022.