Bill Text: FL S0358 | 2014 | Regular Session | Enrolled
Bill Title: Athletic Coaches for Youth Athletic Teams
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-14 - Chapter No. 2014-9 [S0358 Detail]
Download: Florida-2014-S0358-Enrolled.html
ENROLLED 2014 Legislature CS for SB 358, 1st Engrossed 2014358er 1 2 An act relating to athletic coaches for youth athletic 3 teams; amending s. 943.0438, F.S.; revising the 4 definition of the term “athletic coach”; expanding 5 provisions relating to athletic coaches for 6 independent sanctioning authorities to require such 7 authorities to conduct specified background screening 8 of certain coaches of youth athletic teams; providing 9 that the duty may not be delegated; providing for 10 disqualification; providing for exemption from 11 disqualification; requiring that specified 12 documentation be maintained for a specified period by 13 such authorities; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (1) and paragraphs (a), (b), (c), and 18 (d) of subsection (2) of section 943.0438, Florida Statutes, are 19 amended to read: 20 943.0438 Athletic coaches for independent sanctioning 21 authorities.— 22 (1) As used in this section, the term: 23 (a) “Athletic coach” means a person who: 24 1. Is authorized by an independent sanctioning authority to 25 work as a coach, assistant coach, or referee for 20 or more 26 hours within a calendar year, whether for compensation or as a 27 volunteer, for a youth athletic team based in this state; and 28 2. Has direct contact with one or more minors on the youth 29 athletic team. 30 (b) “Independent sanctioning authority” means a private, 31 nongovernmental entity that organizes, operates, or coordinates 32 a youth athletic team in this state if the team includes one or 33 more minors and is not affiliated with a private school as 34 defined in s. 1002.01. 35 (2) An independent sanctioning authority shall: 36 (a)1. Conduct a level 1 background screening pursuant to s. 37 435.03 of each current and prospective athletic coach. The 38 authority may not delegate this responsibility to an individual 39 team and may not authorize anyNopersonshall be authorized by40the independent sanctioning authorityto act as an athletic 41 coach unless a level 1 background screening ishas been42 conducted and doesdidnot result in disqualification under 43 paragraph (b). Level 1 background screenings shall be conducted 44 annually for each athletic coach. For purposes of this section, 45 a background screening shall includebe conducted witha search 46 of the athletic coach’s name or other identifying information 47 against state and federal registries of sexual predators and 48 sexual offenders, which are available to the public on Internet 49 sites provided by: 50 a. The Department of Law Enforcement under s. 943.043; and 51 b. The Attorney General of the United States under 42 52 U.S.C. s. 16920. 53 2. For purposes of this section, a background screening 54 conducted by a commercial consumer reporting agency in 55 compliance with the federal Fair Credit Reporting Act using the 56 identifying information referenced in subparagraph 1.andthat 57 includes a level 1 background screening and a search of 58searchingthat information against the sexual predator and 59 sexual offender Internet sites listed in sub-subparagraphs 1.a. 60 and b. shall be deemed to satisfyin compliance withthe 61 requirements of this paragraphsection. 62 (b) Disqualify any person from acting as an athletic coach 63 as provided in s. 435.03 or if he or she is identified on a 64 registry described in paragraph (a). The authority may allow a 65 person disqualified under this paragraph to act as an athletic 66 coach if it determines that the person meets the requirements 67 for an exemption from disqualification under s. 435.07. 68 (c) Provide, within 7 business days following the 69 background screening under paragraph (a), written notice to a 70 person disqualified under this section advising the person of 71 the results and of his or her disqualification. 72 (d) Maintain for at least 5 years documentation of: 73 1. The results for each person screened under paragraph 74 (a); and 75 2. The written notice of disqualification provided to each 76 person under paragraph (c). 77 Section 2. This act shall take effect July 1, 2014.