January 25, 2020
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       Florida Senate - 2010                                     SB 150
       
       
       
       By Senator Ring
       
       
       
       
       32-00047-10                                            2010150__
    1                        A bill to be entitled                      
    2         An act relating to criminal history record checks;
    3         defining the terms “independent youth athletic team,”
    4         “sanctioning authority,” and “sports coach”; requiring
    5         the sanctioning authority of an independent youth
    6         athletic team to screen an applicant for sports coach
    7         through designated public websites maintained by the
    8         Department of Law Enforcement and the United States
    9         Department of Justice; requiring the sanctioning
   10         authority to disqualify any applicant from acting as a
   11         sports coach if that applicant appears on either
   12         registry; requiring that the sanctioning authority
   13         notify the applicant of his or her right to obtain a
   14         copy of the screening report; providing that an
   15         applicant who is disqualified from acting as a sports
   16         coach based on the screening may appeal to the
   17         sanctioning authority the accuracy and completeness of
   18         the screening report; providing that the sanctioning
   19         authority may place an applicant appealing his or her
   20         disqualification as a sports coach on probationary
   21         status pending resolution of the appeal; providing
   22         that a background screening in compliance with the
   23         federal Fair Credit Reporting Act satisfies screening
   24         provisions; requiring each sanctioning authority to
   25         sign an affidavit annually, under penalty of perjury,
   26         stating that all persons who have applied for a
   27         position as a sports coach of an independent youth
   28         athletic team under its jurisdiction have been
   29         screened; requiring a sanctioning authority to
   30         maintain the affidavit in its files and provide a copy
   31         of the affidavit to anyone upon request; creating
   32         rebuttable presumptions in a civil action brought
   33         against a sanctioning authority in which it is alleged
   34         that the sanctioning authority was negligent in the
   35         hiring of a sports coach because of sexual misconduct
   36         committed by the sports coach; providing legislative
   37         intent encouraging sanctioning authorities for youth
   38         athletic teams to participate in the Volunteer and
   39         Employee Criminal History System as authorized by the
   40         National Child Protection Act and the laws of this
   41         state; providing an effective date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Criminal history record checks for sports
   46  coaches.—
   47         (1)As used in this section, the term:
   48         (a)“Independent youth athletic team” or “team” means an
   49  athletic team that is based in this state and that:
   50         1.Includes a minor as a team member;
   51         2.Is sanctioned by an independent organization; and
   52         3.Is not sanctioned by or affiliated with a public or
   53  private school.
   54         (b)“Minor” has the same meaning as in s. 1.01, Florida
   55  Statutes.
   56         (c)Sanctioning authority of an independent youth athletic
   57  team” or “sanctioning authority” includes the independent
   58  organization having authority to sanction an independent youth
   59  athletic team, any local office of that organization, and any
   60  office or entity that is authorized by that organization to
   61  perform any of its functions or represent its interests.
   62         (d)“Sports coach” means a person who is authorized by a
   63  sanctioning authority to be responsible for leading an
   64  independent youth athletic team and any person assisting the
   65  sports coach. A sports coach is an individual who:
   66         1.Works or volunteers or is to work or volunteer for the
   67  independent youth athletic team 20 or more hours within a
   68  calendar year;
   69         2.Has or is to have unsupervised contact with minors; or
   70         3.Serves or is to serve as a chaperone for minors on any
   71  overnight activity related to the independent youth athletic
   72  team.
   73         (2)(a)Before a person in this state is hired or recruited
   74  as a sports coach of an independent youth athletic team, the
   75  sanctioning authority of the independent youth athletic team
   76  must screen the person through the public website on sexual
   77  offenders and sexual predators maintained by the Department of
   78  Law Enforcement and the Dru Sjodin National Sex Offender Public
   79  Website maintained by the United States Department of Justice.
   80         (b)The sanctioning authority shall disqualify an applicant
   81  for sports coach from acting as a sports coach if the applicant
   82  appears on either registry.
   83         (c)The sanctioning authority must notify in writing each
   84  applicant for sports coach of his or her right to obtain a copy
   85  of the screening report. An applicant who is disqualified from
   86  acting as a sports coach based on the screening may appeal to
   87  the sanctioning authority the accuracy and completeness of any
   88  information contained in the screening report. Unless otherwise
   89  prohibited by state or federal law, an applicant appealing his
   90  or her disqualification as a sports coach may be placed on
   91  probationary status pending resolution of the appeal.
   92         (d)For purposes of this section, a sanctioning authority
   93  that uses a commercial consumer reporting agency that conducts a
   94  background screening in compliance with the federal Fair Credit
   95  Reporting Act using the information from the sexual predators
   96  and sexual offenders Internet websites listed in paragraph (a)
   97  shall be deemed in compliance with the requirements of this
   98  subsection.
   99         (3)Each sanctioning authority must sign an affidavit
  100  annually, under penalty of perjury, stating that all persons who
  101  have applied for a position as a sports coach of an independent
  102  youth athletic team under its jurisdiction have been screened in
  103  compliance with subsection (2). The sanctioning authority must
  104  maintain the affidavit in its records and provide a copy of the
  105  affidavit to any person requesting it.
  106         (4)In any civil action brought against a sanctioning
  107  authority in which it is alleged that the sanctioning authority
  108  was negligent in the hiring of a sports coach because of sexual
  109  misconduct committed by the sports coach, a rebuttable
  110  presumption is created that the sanctioning authority was:
  111         (a)Not negligent in the hiring of the sports coach if the
  112  sanctioning authority conducted a screening of the sports coach
  113  by participating in the Volunteer and Employee Criminal History
  114  System and made a reasonable effort to contact references.
  115         (b)Negligent in the hiring of the sports coach if the
  116  sanctioning authority did not conduct a screening of the sports
  117  coach by participating in the Volunteer and Employee Criminal
  118  History System of the Department of Law Enforcement and make a
  119  reasonable effort to contact references.
  120         Section 2. Because of the history of harm to children by
  121  coaches and others, the Legislature encourages sanctioning
  122  authorities of youth athletic teams to participate in the
  123  Volunteer and Employee Criminal History System, as authorized by
  124  the National Child Protection Act of 1993 and s. 943.0542,
  125  Florida Statutes.
  126         Section 3. This act shall take effect July 1, 2010.

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