October 22, 2020
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_h0059c1
CS/HB 59

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


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