HB 355 — Athletic Associations

(b) An approved athletic association the FHSAA shall adopt bylaws that specifically prohibit the recruiting of students for athletic purposes.

The bylaws shall prescribe penalties and an appeals process for athletic recruiting violations.

1.

If it is determined that a school has recruited a student in violation of association FHSAA bylaws, the association FHSAA may require the school to participate in a higher classification for the sport in which the recruited student competes for a minimum of one classification cycle, in addition to the penalties in subparagraphs 2.

and 3.

and any other appropriate fine or sanction imposed on the school, its coaches, or adult representatives who violate recruiting rules.

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 2.

Any recruitment by a school district employee or contractor in violation of association FHSAA bylaws results in escalating punishments as follows:

a.

For a first offense, a $5,000 forfeiture of pay for the school district employee or contractor who committed the violation.

b.

For a second offense, suspension without pay for 12 months from coaching, directing, or advertising an extracurricular activity and a $5,000 forfeiture of pay for the school district employee or contractor who committed the violation.

c.

For a third offense, a $5,000 forfeiture of pay for the school district employee or contractor who committed the violation.

If the individual who committed the violation holds an educator certificate, the association FHSAA shall also refer the violation to the department for review pursuant to s.

1012.796 to determine whether probable cause exists, and, if there is a finding of probable cause, the commissioner shall file a formal complaint against the individual.

If the complaint is upheld, the individual's educator certificate shall be revoked for 3 years, in addition to any penalties available under s.

1012.796.

Additionally, the department shall revoke any adjunct teaching certificates issued pursuant to s.

1012.57 and all permissions under ss.

1012.39 and 1012.43, and the educator is ineligible for such certificates or permissions for a period Page 5 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 of time equal to the period of revocation of his or her state- issued certificate.

3.

Notwithstanding any other provision of law, a school, team, or activity shall forfeit all competitions, including honors resulting from such competitions, in which a student who participated in any fashion was recruited in a manner prohibited pursuant to state law or the association FHSAA bylaws.

4.

A student may not be declared ineligible based on violation of recruiting rules unless the student or parent has falsified any enrollment or eligibility document or accepted any benefit if such benefit is not generally available to the school's students or family members or is based in any way on athletic interest, potential, or performance.

5.

A student's eligibility to participate in any interscholastic or intrascholastic extracurricular activity, as determined by a district school board pursuant to s.

1006.195(1)(a)3., may not be affected by any alleged recruiting violation until final disposition of the allegation.

(c) An approved athletic association the FHSAA shall adopt bylaws that require all students participating in interscholastic athletic competition or who are candidates for an interscholastic athletic team to satisfactorily pass a medical evaluation each year before participating in interscholastic athletic competition or engaging in any practice, tryout, workout, conditioning, or other physical Page 6 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 activity associated with the student's candidacy for an interscholastic athletic team, including activities that occur outside of the school year.

Such medical evaluation may be administered only by a practitioner licensed under chapter 458, chapter 459, chapter 460, or s.

464.012 or registered under s.

464.0123 and in good standing with the practitioner's regulatory board.

The bylaws shall establish requirements for eliciting a student's medical history and performing the medical evaluation required under this paragraph, which shall include a physical assessment of the student's physical capabilities to participate in interscholastic athletic competition as contained in a uniform preparticipation physical evaluation and history form.

The evaluation form shall incorporate the recommendations of the American Heart Association for participation cardiovascular screening and shall provide a place for the signature of the practitioner performing the evaluation with an attestation that each examination procedure listed on the form was performed by the practitioner or by someone under the direct supervision of the practitioner.

The form shall also contain a place for the practitioner to indicate if a referral to another practitioner was made in lieu of completion of a certain examination procedure.

The form shall provide a place for the practitioner to whom the student was referred to complete the remaining sections and attest to that portion of the examination.

The preparticipation physical evaluation form shall advise students Page 7 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 to complete a cardiovascular assessment and shall include information concerning alternative cardiovascular evaluation and diagnostic tests.

Results of such medical evaluation must be provided to the school.

A student is not eligible to participate, as provided in s.

1006.15(3), in any interscholastic athletic competition or engage in any practice, tryout, workout, or other physical activity associated with the student's candidacy for an interscholastic athletic team until the results of the medical evaluation have been received and approved by the school.

(d) Notwithstanding the provisions of paragraph (c), a student may participate in interscholastic athletic competition or be a candidate for an interscholastic athletic team if the parent of the student objects in writing to the student undergoing a medical evaluation because such evaluation is contrary to his or her religious tenets or practices.

However, in such case, there shall be no liability on the part of any person or entity in a position to otherwise rely on the results of such medical evaluation for any damages resulting from the student's injury or death arising directly from the student's participation in interscholastic athletics where an undisclosed medical condition that would have been revealed in the medical evaluation is a proximate cause of the injury or death.

(e) An approved athletic association the FHSAA shall adopt bylaws that regulate persons who conduct investigations on Page 8 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 behalf of the association FHSAA.

The bylaws shall include provisions that require an investigator to:

1.

Undergo level 2 background screening under s.

435.04, establishing that the investigator has not committed any disqualifying offense listed in s.

435.04, unless the investigator can provide proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any professional licensure requirements, provided:

a.

The investigator has not had a break in service from a position that requires level 2 screening for more than 90 days;

and b.

The investigator submits, under penalty of perjury, an affidavit verifying that the investigator has not committed any disqualifying offense listed in s.

435.04 and is in full compliance with this paragraph.

2.

Be appointed as an investigator by the executive director.

3.

Carry a photo identification card that shows the association's FHSAA name and, logo, and the investigator's official title.

4.

Adhere to the following guidelines:

a.

Investigate only those alleged violations assigned by the executive director or the board of directors.

b.

Conduct interviews on Monday through Friday between the hours of 9 a.m.

and 7 p.m.

only, unless previously agreed to by Page 9 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 the interviewee.

c.

Allow the parent of any student being interviewed to be present during the interview.

d.

Search residences or other private areas only with the permission of the executive director and the written consent of the student's parent and only with a parent or a representative of the parent present.

(f) An approved athletic association the FHSAA shall adopt bylaws that establish sanctions for coaches who have committed major violations of the association's FHSAA's bylaws and policies.

1.

Major violations include, but are not limited to, knowingly allowing an ineligible student to participate in a contest representing a member school in an interscholastic contest or committing a violation of the association's FHSAA's recruiting or sportsmanship policies.

2.

Sanctions placed upon an individual coach may include, but are not limited to, prohibiting or suspending the coach from coaching, participating in, or attending any athletic activity sponsored, recognized, or sanctioned by the association FHSAA and the member school for which the coach committed the violation.

If a coach is sanctioned by the association FHSAA and the coach transfers to another member school, those sanctions remain in full force and effect during the term of the sanction.

3.

If a member school is assessed a financial penalty as a Page 10 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 result of a coach committing a major violation, the coach shall reimburse the member school before being allowed to coach, participate in, or attend any athletic activity sponsored, recognized, or sanctioned by the association FHSAA and a member school.

4.

The association FHSAA shall establish a due process procedure for coaches sanctioned under this paragraph, consistent with the appeals procedures set forth in subsection (8) (7).

(g) An approved athletic association the FHSAA shall adopt bylaws establishing the process and standards by which the association's FHSAA determinations of eligibility are made.

Such bylaws shall provide that:

1.

Ineligibility must be established by a preponderance of the evidence;

2.

Student athletes, parents, and schools must have notice of the initiation of any investigation or other inquiry into eligibility and may present, to the investigator and to the individual making the eligibility determination, any information or evidence that is credible, persuasive, and of a kind reasonably prudent persons rely upon in the conduct of serious affairs;

3.

An investigator may not determine matters of eligibility but must submit information and evidence to the executive director or a person designated by the executive Page 11 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 director or by the board of directors for an unbiased and objective determination of eligibility;

and 4.

A determination of ineligibility must be made in writing, setting forth the findings of fact and specific violation upon which the decision is based.

(h) In lieu of bylaws adopted under paragraph (g), an approved athletic association the FHSAA may adopt bylaws providing as a minimum the procedural safeguards of ss.

120.569 and 120.57, making appropriate provision for appointment of unbiased and qualified hearing officers.

(i) An approved athletic association's the FHSAA bylaws may not limit the competition of student athletes prospectively for rule violations of their school or its coaches or their adult representatives.

The association FHSAA bylaws may not unfairly punish student athletes for eligibility or recruiting violations perpetrated by a teammate, coach, or administrator.

Contests may not be forfeited for inadvertent eligibility violations unless the coach or a school administrator should have known of the violation.

Contests may not be forfeited for other eligibility violations or recruiting violations in excess of the number of contests that the coaches and adult representatives responsible for the violations are prospectively suspended.

(j) An approved athletic association the FHSAA shall adopt guidelines to educate athletic coaches, officials, Page 12 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 administrators, and student athletes and their parents of the nature and risk of concussion and head injury.

(k) An approved athletic association the FHSAA shall adopt bylaws or policies that require the parent of a student who is participating in interscholastic athletic competition or who is a candidate for an interscholastic athletic team to sign and return an informed consent that explains the nature and risk of concussion and head injury, including the risk of continuing to play after concussion or head injury, each year before participating in interscholastic athletic competition or engaging in any practice, tryout, workout, or other physical activity associated with the student's candidacy for an interscholastic athletic team.

(l) An approved athletic association the FHSAA shall adopt bylaws or policies that require each student athlete who is suspected of sustaining a concussion or head injury in a practice or competition to be immediately removed from the activity.

A student athlete who has been removed from an activity may not return to practice or competition until the student submits to the school a written medical clearance to return stating that the student athlete no longer exhibits signs, symptoms, or behaviors consistent with a concussion or other head injury.

Medical clearance must be authorized by the appropriate health care practitioner trained in the diagnosis, evaluation, and management of concussions as defined by the Page 13 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 Sports Medicine Advisory Committee of the Florida High School Athletic Association.

(m) The FHSAA shall adopt bylaws for the establishment and duties of a sports medicine advisory committee composed of the following members:

1.

Eight physicians licensed under chapter 458 or chapter 459 with at least one member licensed under chapter 459.

2.

One chiropractor licensed under chapter 460.

3.

One podiatrist licensed under chapter 461.

4.

One dentist licensed under chapter 466.

5.

Three athletic trainers licensed under part XIII of chapter 468.

6.

One member who is a current or retired head coach of a high school in the state.

(8)(7) APPEALS.— (a) An approved athletic association the FHSAA shall establish a procedure of due process which ensures each student the opportunity to appeal an unfavorable ruling with regard to his or her eligibility to compete.

The initial appeal shall be made to a committee on appeals within the administrative region in which the student lives.

The approved athletic association's FHSAA's bylaws shall establish the number, size, and composition of each committee on appeals.

(b) No member of the board of directors is eligible to serve on a committee on appeals.

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 (c) Members of a committee on appeals shall serve terms of 3 years and are eligible to succeed themselves only once.

A member of a committee on appeals may serve a maximum of 6 consecutive years.

The approved athletic association's FHSAA's bylaws shall establish a rotation of terms to ensure that a majority of the members' terms do not expire concurrently.

(d) The authority and duties of a committee on appeals shall be to consider requests by member schools seeking exceptions to bylaws and regulations, to hear undue hardship eligibility cases filed by member schools on behalf of student athletes, and to hear appeals filed by member schools or student athletes.

(e) A student athlete or member school that receives an unfavorable ruling from a committee on appeals shall be entitled to appeal that decision to the board of directors at its next regularly scheduled meeting or called meeting.

The board of directors shall have the authority to uphold, reverse, or amend the decision of the committee on appeals.

In all such cases, the decision of the board of directors shall be final.

(f) The approved athletic association FHSAA shall expedite the appeals process on determinations of ineligibility so that disposition of the appeal can be made before the end of the applicable sports season, if possible.

(g) In any appeal from a decision on eligibility made by the executive director or a designee, a school or student Page 15 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 athlete filing the appeal must be permitted to present information and evidence that was not available at the time of the initial determination or if the determination was not made by an unbiased, objective individual using a process allowing full due process rights to be heard and to present evidence.

If evidence is presented on appeal, a de novo decision must be made by the committee or board hearing the appeal, or the determination may be suspended and the matter remanded for a new determination based on all the evidence.

If a de novo decision is made on appeal, the decision must be made in writing, setting forth the findings of fact and specific violation upon which the decision is based.

If a de novo decision is not required, the decision appealed must be set aside if the decision on ineligibility was not based on clear and convincing evidence.

Any further appeal shall be considered on a record that includes all evidence presented.

Subsection (3) of section 768.135, Florida Statutes, is amended to read:

768.135 Volunteer team physicians;

immunity.— (3) A practitioner licensed under chapter 458, chapter 459, chapter 460, or s.

464.012 or registered under s.

464.0123 who gratuitously and in good faith conducts an evaluation pursuant to s.

1006.20(3)(c) s.

1006.20(2)(c) is not liable for any civil damages arising from that evaluation unless the evaluation was conducted in a wrongful manner.

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 Section 3.

Subsection (17) of section 1002.20, Florida Statutes, is amended to read:

1002.20 K-12 student and parent rights.—Parents of public school students must receive accurate and timely information regarding their child's academic progress and must be informed of ways they can help their child to succeed in school.

K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following:

(17) ATHLETICS;

PUBLIC HIGH SCHOOL.— (a) Eligibility.—Eligibility requirements for all students participating in high school athletic competition must allow a student to be immediately eligible in the school in which he or she first enrolls each school year, the school in which the student makes himself or herself a candidate for an athletic team by engaging in practice before enrolling, or the school to which the student has transferred, in accordance with s.

1006.20(3)(a) s.

1006.20(2)(a).

(b) Medical evaluation.—Students must satisfactorily pass a medical evaluation each year before participating in athletics, unless the parent objects in writing based on religious tenets or practices, in accordance with s.

1006.20(3)(d) the provisions of s.

1006.20(2)(d).

Section 4.

Subsection (8) of section 1002.42, Florida Statutes, is amended to read:

1002.42 Private schools.— Page 17 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 (8) ATHLETIC COMPETITION.—A private school may participate in athletic competition with a public high school by joining an approved athletic association in accordance with s.

1006.20 the provisions of s.

1006.20(1).

Section 5.

Subsection (8) and paragraph (a) of subsection (9) of section 1006.15, Florida Statutes, are amended to read:

1006.15 Student standards for participation in interscholastic and intrascholastic extracurricular student activities;

regulation.— (8)(a) An approved athletic association under s.

1006.20 the Florida High School Athletic Association (FHSAA), in cooperation with each district school board, shall facilitate a program in which a middle school or high school student who attends a private school shall be eligible to participate in an interscholastic or intrascholastic sport at a public high school, a public middle school, or a 6-12 public school to which the student would be assigned according to district school board attendance area policies and procedures or which the student could choose to attend pursuant to s.

1002.31, provided the public school has not reached capacity as determined by the district school board, if:

1.

The private school in which the student is enrolled is not a member of the association FHSAA.

2.

The private school student meets the guidelines for the conduct of the program established by the association's FHSAA's Page 18 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 board of directors and the district school board.

At a minimum, such guidelines shall provide:

a.

a deadline for each sport by which the private school student's parents must register with the public school in writing their intent for their child to participate at that school in the sport.

b.

Requirements for a private school student to participate, including, but not limited to, meeting the same standards of eligibility, acceptance, behavior, educational progress, and performance which apply to other students participating in interscholastic or intrascholastic sports at a public school or FHSAA member private school.

(b) The parents of a private school student participating in a public school sport under this subsection are responsible for transporting their child to and from the public school at which the student participates.

The private school the student attends, the public school at which the student participates in a sport, the district school board, and the association FHSAA are exempt from civil liability arising from any injury that occurs to the student during such transportation.

(c) For each academic year, a private school student may only participate at the public school in which the student is first registered under subparagraph (a)2.

sub-subparagraph (a)2.a.

or makes himself or herself a candidate for an athletic team by engaging in a practice.

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 (d) The athletic director of each participating association FHSAA member public school shall maintain the student records necessary for eligibility, compliance, and participation in the program.

(e) Any nonmember non-FHSAA member private school that has a student who wishes to participate in this program must make all student records, including, but not limited to, academic, financial, disciplinary, and attendance records, available upon request of the association FHSAA.

(f) A student must apply to participate in this program through the association's FHSAA program application process.

(g) Only students who are enrolled in nonmember non-FHSAA member private schools consisting of 125 students or fewer are eligible to participate in the program in any given academic year.

(9)(a) A student who transfers to a school during the school year may seek to immediately join an existing team if the roster for the specific interscholastic or intrascholastic extracurricular activity has not reached the activity's identified maximum size and if the coach for the activity determines that the student has the requisite skill and ability to participate.

The association FHSAA and school district or charter school may not declare such a student ineligible because the student did not have the opportunity to comply with qualifying requirements.

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 Section 6.

Paragraph (a) of subsection (1) and paragraph (a) of subsection (2) of section 1006.165, Florida Statutes, are amended to read:

1006.165 Well-being of students participating in extracurricular activities;

training.— (1)(a) Each public school that is a member of an approved athletic association under s.

1006.20 the Florida High School Athletic Association (FHSAA) must have an operational automated external defibrillator on the school grounds.

The defibrillator must be available in a clearly marked and publicized location for each athletic contest, practice, workout, or conditioning session, including those conducted outside of the school year.

Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.

(2)(a) In order to better protect student athletes participating in athletics during hot weather and avoid preventable injury or death, an approved athletic association under s.

1006.20 the FHSAA shall:

1.

Make training and resources available to each member school for the effective monitoring of heat stress.

2.

Establish guidelines for monitoring heat stress and identify heat stress levels at which a school must make a cooling zone available for each outdoor athletic contest, practice, workout, or conditioning session.

Heat stress must be Page 21 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 determined by measuring the ambient temperature, humidity, wind speed, sun angle, and cloud cover at the site of the athletic activity.

3.

Require member schools to monitor heat stress and modify athletic activities, including suspending or moving activities, based on the heat stress guidelines.

4.

Establish hydration guidelines, including appropriate introduction of electrolytes after extended activities or when a student participates in multiple activities in a day.

5.

Establish requirements for cooling zones, including, at a minimum, the immediate availability of cold-water immersion tubs or equivalent means to rapidly cool internal body temperature when a student exhibits symptoms of exertional heat stroke and the presence of an employee or volunteer trained to implement cold-water immersion.

6.

Require each school's emergency action plan, as required by the association FHSAA, to include a procedure for onsite cooling using cold-water immersion or equivalent means before a student is transported to a hospital for exertional heat stroke.

The requirements of this paragraph apply year-round.

Section 7.

Section 1006.18, Florida Statutes, is amended to read:

1006.18 Cheerleader safety standards.—An approved athletic Page 22 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 association, under s.

1006.20, the Florida High School Athletic Association or successor organization shall adopt statewide uniform safety standards for student cheerleaders and spirit groups that participate in any school activity or extracurricular student activity, if applicable.

Such approved athletic association the Florida High School Athletic Association or successor organization shall adopt the "Official High School Spirit Rules," published by the National Federation of State High School Associations, as the statewide uniform safety standards.

Section 8.

Paragraph (a) of subsection (1) and subsection (2) of section 1006.195, Florida Statutes, are amended to read:

1006.195 District school board, charter school authority and responsibility to establish student eligibility regarding participation in interscholastic and intrascholastic extracurricular activities.—Notwithstanding any provision to the contrary in ss.

1006.15, 1006.18, and 1006.20, regarding student eligibility to participate in interscholastic and intrascholastic extracurricular activities:

(1)(a) A district school board must establish, through its code of student conduct, student eligibility standards and related student disciplinary actions regarding student participation in interscholastic and intrascholastic extracurricular activities.

The code of student conduct must provide that:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 1.

A student not currently suspended from interscholastic or intrascholastic extracurricular activities, or suspended or expelled from school, pursuant to a district school board's suspension or expulsion powers provided in law, including ss.

1006.07, 1006.08, and 1006.09, is eligible to participate in interscholastic and intrascholastic extracurricular activities.

2.

A student may not participate in a sport if the student participated in that same sport at another school during that school year, unless the student meets the criteria in s.

1006.15(3)(h).

3.

A student's eligibility to participate in any interscholastic or intrascholastic extracurricular activity may not be affected by any alleged recruiting violation until final disposition of the allegation pursuant to s.

1006.20(3)(b) s.

1006.20(2)(b).

(2)(a) An approved athletic association the Florida High School Athletic Association (FHSAA) continues to retain jurisdiction over the following provisions in s.

1006.20, which may not be implemented in a manner contrary to this section:

membership in the association FHSAA;

recruiting prohibitions and violations;

student medical evaluations;

investigations;

sanctions for coaches;

school eligibility and forfeiture of contests;

student concussions or head injuries;

the sports medical advisory committee;

and the general operational provisions of the association FHSAA.

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 (b) An approved athletic association under s.

1006.20 the FHSAA must adopt, and prominently publish, the text of this section on its website and in its bylaws, rules, procedures, training and education materials, and all other governing authority documents by August 1, 2016.

Section 9.

Paragraph (g) of subsection (2) of section 1012.468, Florida Statutes, is amended to read:

1012.468 Exceptions to certain fingerprinting and criminal history checks.— (2) A district school board shall exempt from the screening requirements set forth in ss.

1012.465 and 1012.467 the following noninstructional contractors:

(g) An investigator for an approved athletic association the Florida High School Athletic Association (FHSAA) who meets the requirements under s.

1006.20(3)(e) s.

1006.20(2)(e).

Section 10.

Paragraph (o) of subsection (1) of section 1012.795, Florida Statutes, is amended to read:

1012.795 Education Practices Commission;

authority to discipline.— (1) The Education Practices Commission may suspend the educator certificate of any instructional personnel or school administrator, as defined in s.

1012.01(2) or (3), for up to 5 years, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students Page 25 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 for that period of time, after which the person may return to teaching as provided in subsection (4);

may revoke the educator certificate of any person, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for up to 10 years, with reinstatement subject to subsection (4);

may permanently revoke the educator certificate of any person thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students;

may suspend a person's educator certificate, upon an order of the court or notice by the Department of Revenue relating to the payment of child support;

or may impose any other penalty provided by law, if the person:

(o) Has committed a third recruiting offense as determined by an approved athletic association the Florida High School Athletic Association (FHSAA) pursuant to s.

1006.20(3)(b) s.

1006.20(2)(b).

Section 11.

Subsections (3) and (7) of section 1012.796, Florida Statutes, are amended to read:

1012.796 Complaints against teachers and administrators;

procedure;

penalties.— (3) The department staff shall advise the commissioner concerning the findings of the investigation and of all referrals by an approved athletic association the Florida High Page 26 of 30 CODING:

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hb0355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 355 2021 School Athletic Association (FHSAA) pursuant to ss.

1006.20(3)(b) 1006.20(2)(b) and 1012.795.

The department general counsel or members of that staff shall review the investigation or the referral and advise the commissioner concerning probable cause or lack thereof.

The determination of probable cause shall be made by the commissioner.

The commissioner shall provide an opportunity for a conference, if requested, before prior to determining probable cause.

The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause if, in his or her judgment, such agreements are in the best interests of the department, the certificateholder, and the public.

Such deferred prosecution agreements shall become effective when filed with the clerk of the Education Practices Commission.

However, a deferred prosecution agreement may not be entered into if there is probable cause to believe that a felony or an act of moral turpitude, as defined by rule of the State Board of Education, has occurred, or for referrals by an approved athletic association the FHSAA.

Upon finding no probable cause, the commissioner shall dismiss the complaint and may issue a letter of guidance to the certificateholder.

(7) A panel of the commission shall enter a final order either dismissing the complaint or imposing one or more of the following penalties:

(a) Denial of an application for a certificate or for an administrative or supervisory endorsement on a teaching Page 27 of 30 CODING:

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The denial may provide that the applicant may not reapply for certification, and that the department may refuse to consider that applicant's application, for a specified period of time or permanently.

(b) Revocation or suspension of a certificate.

(c) Imposition of an administrative fine not to exceed $2,000 for each count or separate offense.

(d) Placement of the teacher, administrator, or supervisor on probation for a period of time and subject to such conditions as the commission may specify, including requiring the certified teacher, administrator, or supervisor to complete additional appropriate college courses or work with another certified educator, with the administrative costs of monitoring the probation assessed to the educator placed on probation.

An educator who has been placed on probation shall, at a minimum:

1.

Immediately notify the investigative office in the Department of Education upon employment or separation from employment in any public or private position requiring a Florida educator's certificate.

2.

Have his or her immediate supervisor submit annual performance reports to the investigative office in the Department of Education.

3.

Pay to the commission within the first 6 months of each probation year the administrative costs of monitoring probation assessed to the educator.

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Violate no law and fully comply with all district school board policies, school rules, and State Board of Education rules.

5.

Satisfactorily perform his or her assigned duties in a competent, professional manner.

6.

Bear all costs of complying with the terms of a final order entered by the commission.

(e) Restriction of the authorized scope of practice of the teacher, administrator, or supervisor.

(f) Reprimand of the teacher, administrator, or supervisor in writing, with a copy to be placed in the certification file of such person.

(g) Imposition of an administrative sanction, upon a person whose teaching certificate has expired, for an act or acts committed while that person possessed a teaching certificate or an expired certificate subject to late renewal, which sanction bars that person from applying for a new certificate for a period of 10 years or less, or permanently.

(h) Refer the teacher, administrator, or supervisor to the recovery network program provided in s.

1012.798 under such terms and conditions as the commission may specify.

The penalties imposed under this subsection are in addition to, and not in lieu of, the penalties required for a third recruiting offense pursuant to s.

1006.20(3)(b) s.

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Section 12.

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