October 22, 2020
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HB 59

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

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