Bill Text: FL H0059 | 2010 | Regular Session | Comm Sub

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Bill Title: Athletic Coaches

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted SB 150; Laid on Table, companion bill(s) passed, see SB 150 (Ch. 2010-94) -HJ 01170 [H0059 Detail]

Download: Florida-2010-H0059-Comm_Sub.html

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CS/HB 59

1	A bill to be entitled
2	An act relating to athletic coaches; defining the terms
3	"athletic coach" and "independent sanctioning authority";
4	requiring the independent sanctioning authority of a youth
5	athletic team to screen the background of current and
6	prospective athletic coaches through designated state and
7	federal sex offender registries; providing that a
8	commercial consumer reporting agency screening that meets
9	specified requirements complies with screening
10	requirements; requiring the independent sanctioning
11	authority to disqualify any athletic coach appearing on a
12	registry; requiring the independent sanctioning authority
13	to provide a disqualified athletic coach with written
14	notice; requiring the independent sanctioning authority to
15	maintain documentation of screening results and
16	disqualification notices; providing a rebuttable
17	presumption that an independent sanctioning authority did
18	not negligently authorize an athletic coach for purposes
19	of a civil action for an intentional tort relating to
20	alleged sexual misconduct by the athletic coach if the
21	authority complied with the screening and disqualification
22	requirements; encouraging independent sanctioning
23	authorities for youth athletic teams to participate in the
24	Volunteer and Employee Criminal History System; providing
25	an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Athletic coaches for independent sanctioning
30	authorities.-
31	(1) As used in this section, the term:
32	(a) "Athletic coach" means a person who:
33	1. Is authorized by an independent sanctioning authority
34	to work for 20 or more hours within a calendar year, whether for
35	compensation or as a volunteer, for a youth athletic team based
36	in this state; and
37	2. Has direct contact with one or more minors on the youth
38	athletic team.
39	(b) "Independent sanctioning authority" means a private,
40	nongovernmental entity that organizes, operates, or coordinates
41	a youth athletic team in this state if the team includes one or
42	more minors and is not affiliated with a private school as
43	defined in s. 1002.01, Florida Statutes.
44	(2) An independent sanctioning authority shall:
45	(a)1. Conduct a background screening of each current and
46	prospective athletic coach. No person shall be authorized by the
47	independent sanctioning authority to act as an athletic coach
48	after July 1, 2010, unless a background screening has been
49	conducted and did not result in disqualification under paragraph
50	(b). Background screenings shall be conducted annually for each
51	athletic coach. For purposes of this section, a background
52	screening shall be conducted with a search of the athletic
53	coach's name or other identifying information against state and
54	federal registries of sexual predators and sexual offenders,
55	which are available to the public on Internet sites provided by:
56	a. The Department of Law Enforcement under s. 943.043,
57	Florida Statutes; and
58	b. The Attorney General of the United States under 42
59	U.S.C. s. 16920.
60	2. For purposes of this section, a background screening
61	conducted by a commercial consumer reporting agency in
62	compliance with the federal Fair Credit Reporting Act using the
63	identifying information referenced in subparagraph 1. and that
64	includes searching that information against the sexual predator
65	and sexual offender Internet sites listed in sub-subparagraphs
66	1.a. and b. shall be deemed in compliance with the requirements
67	of this section.
68	(b) Disqualify any person from acting as an athletic coach
69	if he or she is identified on a registry described in paragraph
70	(a).
71	(c) Provide, within 7 business days following the
72	background screening under paragraph (a), written notice to a
73	person disqualified under this section advising the person of
74	the results and of his or her disqualification.
75	(d) Maintain documentation of:
76	1. The results for each person screened under paragraph
77	(a); and
78	2. The written notice of disqualification provided to each
79	person under paragraph (c).
80	(3) In a civil action for the death of, or injury or
81	damage to, a third person caused by the intentional tort of an
82	athletic coach that relates to alleged sexual misconduct by the
83	athletic coach, there is a rebuttable presumption that the
84	independent sanctioning authority was not negligent in
85	authorizing the athletic coach if the authority complied with
86	the background screening and disqualification requirements of
87	subsection (2) prior to such authorization.
88	(4) The Legislature encourages independent sanctioning
89	authorities for youth athletic teams to participate in the
90	Volunteer and Employee Criminal History System, as authorized by
91	the National Child Protection Act of 1993 and s. 943.0542,
92	Florida Statutes.
93	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.