Florida Senate - 2014 SB 1282 By Senator Braynon 36-01405B-14 20141282__ 1 A bill to be entitled 2 An act relating to athletic safety, education, and 3 training; providing a short title; providing 4 legislative findings and purpose; amending s. 1006.20, 5 F.S.; requiring the Florida High School Athletic 6 Association to adopt specified bylaws regarding the 7 promotion of respectful conduct in interscholastic 8 athletics; requiring that participants in 9 interscholastic athletics sign a pledge; requiring 10 that interscholastic athletics coaching staff be 11 trained in policies promoting mutual respect in 12 athletics; requiring that schools create a reporting 13 procedure; requiring reports; creating s. 760.12, 14 F.S.; requiring specified organizations using 15 specified facilities to comply with policies regarding 16 the promotion of respectful conduct for certain non 17 interscholastic athletic events; defining terms; 18 creating s. 1006.74, F.S.; prohibiting bullying or 19 harassment in intercollegiate athletics; defining 20 terms; requiring specified public and nonpublic 21 postsecondary educational institutions to adopt 22 written policies regarding the promotion of respectful 23 conduct in intercollegiate athletics; providing 24 requirements for such policy; requiring that 25 participants in intercollegiate athletics sign a 26 pledge against prohibited conduct; requiring that 27 coaching staff involved in intercollegiate athletics 28 be trained on the prevention of prohibited conduct; 29 providing for consultation with the Commissioner of 30 Education or the Chancellor of the State University 31 System in formulating policies regarding the promotion 32 of respectful conduct in intercollegiate athletics; 33 providing for the reporting of incidents of prohibited 34 conduct in intercollegiate athletics; requiring the 35 commissioner and the chancellor to make annual 36 assessments of compliance with policies regarding 37 prohibited conduct in intercollegiate athletics; 38 providing for enforcement by the Attorney General in a 39 civil action; providing that there is no private right 40 of action; creating s. 760.101, F.S.; providing that 41 it is an unlawful employment practice for a 42 professional sports franchise to fail to take 43 reasonable measures to prevent abusive conduct; 44 defining terms; providing for enforcement by the 45 Attorney General in a civil action; providing an 46 affirmative defense to a civil action; providing that 47 there is no private right of action; providing that 48 the act may not be construed or implemented to 49 infringe upon the right of free speech; providing for 50 severability; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. This act may be cited as the “Safe Athletics 55 Education and Training Act of 2014.” 56 Section 2. Legislative findings and purpose.— 57 (1) FINDINGS.—The Legislature finds that: 58 (a) The education of students in Florida schools is vital 59 to the future social and economic development of this state. 60 (b) Education in childhood and adolescence takes place 61 beyond the classroom, including in organized athletic events 62 where students learn the importance of personal responsibility, 63 sportsmanship, and teamwork. 64 (c) Participation in organized interscholastic athletics is 65 a central part of the education of students in preparation for 66 adulthood. 67 (d) Organized athletic events outside the context of 68 scholastic competition also play an important role in the 69 development of children and adolescents. 70 (e) The physical and emotional development of student 71 athletes will guide their behavior when they reach adulthood. 72 (f) The physical and emotional well-being of student 73 athletes is threatened by abusive conduct by other student 74 athletes. 75 (g) Racial harassment is a prevalent and under-reported 76 form of abusive conduct in youth community settings, including 77 athletics. 78 (h) Racial stereotypes regarding athletic ability 79 contribute to abusive conduct, especially when athletes deviate 80 from unjustified expectations for sports performance based on 81 race. 82 (i) Abusive conduct, including racial harassment, in 83 college and professional athletics is detrimental to 84 participants in those settings. 85 (j) Organized athletics at the college and professional 86 levels offer role models and object lessons to younger athletes, 87 and abusive conduct, including racial harassment, which takes 88 place at those levels can negatively influence the behavior of 89 children and adolescents. 90 (k) It is the policy of this state to end abusive conduct 91 in athletics in Florida. 92 (l) The failure to discourage abusive conduct in athletic 93 programs undermines other anti-bullying and anti-harassment 94 efforts in Florida schools. 95 (m) Intervention to promote respectful conduct during 96 athletes’ formative years reduces the incidence of such 97 detrimental behavior when they mature into adulthood. 98 (n) Incidents of racial harassment in professional 99 athletics are particularly detrimental and contrary to the 100 policy of this state to end bullying and harassment in athletics 101 in Florida. 102 (o) Intervention to promote respectful conduct in athletics 103 at the college and professional levels will reinforce and more 104 effectively communicate the anti-bullying and anti-harassment 105 policies of this state, and prevent the serious harms that can 106 result from such conduct when engaged in by adults. 107 (p) Abusive conduct in athletics can be curbed by efforts 108 to educate coaches and athletes about the dangers of such 109 conduct, and the policies of this state against such conduct. 110 (q) Requiring athletes to pledge not to engage in abusive 111 conduct is an effective means of reinforcing efforts to educate 112 them about respectful conduct in athletics. 113 (2) PURPOSE.—It is the purpose of this act to: 114 (a) Eliminate abusive conduct, including racial harassment, 115 in athletics. 116 (b) Educate athletes, coaches, and other participants in 117 athletic programs in order to promote respectful conduct in 118 athletics. 119 Section 3. Paragraph (n) is added to subsection (2) of 120 section 1006.20, Florida Statutes, to read: 121 1006.20 Athletics in public K-12 schools.— 122 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.— 123 (n) The FHSAA shall adopt bylaws on the subject of bullying 124 and harassment in interscholastic athletics. The bylaws must 125 include provisions that: 126 1. Require as a condition of participation in 127 interscholastic athletics that all member schools, effective 128 July 1, 2014: 129 a. Prohibit a student athlete from participating in 130 interscholastic athletics unless that athlete signs a pledge not 131 to engage in bullying or harassment as those terms are defined 132 in s. 1006.147 in the course of interscholastic athletics. The 133 pledge must be taken at the start of each school year by an 134 athlete participating in interscholastic athletics and must be 135 reinforced throughout the school year at regular intervals. The 136 FHSAA shall involve students, parents, teachers, administrators, 137 and coaching staff in the process of drafting the pledge. 138 b. Train coaching staff involved in interscholastic 139 athletics on the prevention of bullying and harassment in 140 athletics. Such training must include instruction on 141 identifying, preventing, and responding to bullying and 142 harassment in athletics, including instruction on recognizing 143 behaviors that lead to bullying and harassment in athletics and 144 taking appropriate preventive action based on those 145 observations. 146 2. Require all member schools to create a procedure for 147 reporting incidents of bullying or harassment in interscholastic 148 athletics to the FHSAA. The FHSAA shall aggregate information 149 contained in the reports from member schools. 150 3. Require the FHSAA to report to the Commissioner of 151 Education: 152 a. No later than 1 year after the effective date of this 153 act, the FHSAA’s efforts to implement it. 154 b. On September 1 of each year, aggregate information on 155 incidents of bullying or harassment in interscholastic athletics 156 collected by the FHSAA in the preceding 12-month period. 157 Section 4. Section 760.12, Florida Statutes, is created to 158 read: 159 760.12 Promotion of respectful conduct in athletics using 160 public accommodations.— 161 (1) An organization permitted to use any state, county, or 162 municipal playing field, athletic facility, or other public 163 accommodations for the purpose of sponsored non-interscholastic 164 athletic competition by persons younger than 18 years of age 165 must, as a condition of such use, comply with the bylaws of the 166 Florida High School Athletic Association described in s. 167 1006.20(2)(n). 168 (2) As used in this section, the term: 169 (a) “Public accommodations” has the same meaning as 170 provided in s. 760.02. 171 (b)“Sponsored non-interscholastic athletic competition” 172 means an athletic competition organized and supervised by a 173 group, league, or similar organization other than a public or 174 private school. 175 Section 5. Section 1006.74, Florida Statutes, is created to 176 read: 177 1006.74 Abusive conduct in intercollegiate athletics 178 prohibited.— 179 (1) Bullying or harassment of any student in 180 intercollegiate athletics is prohibited. As used in this 181 section, the terms “bullying” and “harassment” have the same 182 meanings as provided in s. 1006.147. 183 (2) Public and nonpublic postsecondary educational 184 institutions whose students receive state student financial 185 assistance shall, if those students participate in 186 intercollegiate athletics, adopt a written policy on the subject 187 of bullying and harassment in intercollegiate athletics. Such 188 policy must: 189 (a) Include rules prohibiting students from engaging in 190 bullying or harassment in intercollegiate athletics. 191 (b) Require, as a condition of participation in 192 intercollegiate athletics, that each athlete sign a pledge not 193 to engage in bullying or harassment in the course of 194 intercollegiate athletics. The pledge must be taken at the start 195 of each athletic season in which the student will participate, 196 and must be reinforced throughout the season at regular 197 intervals. 198 (c) Require the training of coaching staff involved in 199 intercollegiate athletics on the prevention of bullying and 200 harassment in athletics. Such training must include instruction 201 on identifying, preventing, and responding to bullying and 202 harassment in athletics, including instruction on recognizing 203 behaviors that lead to bullying and harassment in athletics and 204 taking appropriate preventive action based on those 205 observations. 206 (d) Provide for consultation with, and approval by, the 207 Commissioner of Education, or in the case of a state university, 208 the Chancellor of the State University System, in formulating 209 the pledge required by paragraph (b) and the training policy 210 required by paragraph (c). 211 (e) Provide a procedure for reporting incidents of bullying 212 or harassment in intercollegiate athletics to the Commissioner 213 of Education, or in the case of a state university, the 214 Chancellor of the State University System. 215 (3) Upon approval by the Commissioner of Education or the 216 Chancellor of the State University System, as appropriate, of 217 the policy described in subsection (2), a copy shall be provided 218 to each student participating in intercollegiate athletics. 219 (4) The Commissioner of Education shall annually assess the 220 policy against bullying and harassment in intercollegiate 221 athletics of each public and nonpublic postsecondary educational 222 institution, other than a state university, and advise the State 223 Board of Education and the Legislature regarding compliance. 224 (5) The Chancellor of the State University System shall 225 annually assess the policy against bullying and harassment in 226 intercollegiate athletics of each state university and advise 227 the Board of Governors and the Legislature regarding compliance. 228 (6) The Attorney General may bring a civil action seeking 229 injunctive relief to enforce this section. In addition to 230 injunctive relief, or in lieu thereof, for any postsecondary 231 educational institution found to have willfully violated this 232 section, the Attorney General may seek to impose a fine of 233 $10,000 per violation, payable to the state. 234 (7) This section does not create a private right of action. 235 Section 6. Section 760.101, Florida Statutes, is created to 236 read: 237 760.101 Unlawful employment practices in professional 238 athletics.— 239 (1) It is an unlawful employment practice for a 240 professional sports franchise to fail to take reasonable 241 measures to prevent abusive conduct targeted at any player, 242 including abusive conduct inflicted by another player. 243 (2) As used in this section, the term “abusive conduct” 244 means a pattern of behavior or a single act of an employer or 245 employee of a professional sports franchise which is performed 246 with malice and is unrelated to the employer’s or employee’s 247 legitimate business and which a reasonable person would find 248 hostile or offensive considering the severity, nature, and 249 frequency of the conduct, or the severity and egregiousness of 250 the conduct. The term includes, but is not limited to: 251 (a) Repeated infliction of verbal abuse, such as the use of 252 racially derogatory remarks, insults, and epithets. 253 (b) Verbal or physical conduct that a reasonable person 254 would find threatening, intimidating, or humiliating. 255 (c) Sabotaging or undermining an employee’s performance. 256 (d) Attempting to exploit an employee’s known psychological 257 or physical vulnerability. 258 (3) The Attorney General may bring a civil action seeking 259 injunctive relief to enforce this section. In addition to 260 injunctive relief, or in lieu thereof, for any employer or other 261 person found to have willfully violated this section, the 262 Attorney General may seek to impose a fine of $10,000 per 263 violation, payable to the state. 264 (4) In a civil action brought by the Attorney General under 265 this section, a professional sports franchise shall have an 266 affirmative defense that it took reasonable measures to prevent 267 a violation of this statute if the professional sports 268 franchise: 269 (a) Adopted and enforced a written policy prohibiting 270 abusive conduct. 271 (b) Required players to receive the policy and to pledge 272 not to engage in abusive conduct toward other players. 273 (c) Required coaching staff to be trained in the prevention 274 of abusive conduct. Such training must include instruction on 275 identifying, preventing, and responding to abusive conduct in 276 athletics, including instruction on recognizing behaviors that 277 lead to abusive conduct in athletics and taking appropriate 278 preventive action based on those observations. 279 (5) This section does not create a private right of action. 280 Section 7. Nothing in this act shall be construed or 281 implemented to infringe upon the right of free speech under the 282 First Amendment to the United States Constitution, as 283 incorporated by the Fourteenth Amendment to the United States 284 Constitution, or under Article I, Section 4 of the State 285 Constitution. 286 Section 8. If any provision of this act or the application 287 thereof to any person or circumstance is held invalid, the 288 invalidity shall not affect other provisions or applications of 289 the act which can be given effect without the invalid provision 290 or application, and to this end the provisions of this act are 291 declared severable. 292 Section 9. This act shall take effect upon becoming a law.