Text of FL H 225 (2023)

HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 1 of 44 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 A bill to be entitled 1 An act relating to interscholastic and intrascholastic 2 activities; amending s. 1006.20, F.S.; providing for 3 the approval of athletic associations that meet 4 certain requirements; providing a definition; 5 requiring certain athletic associations to operate 6 under a contract with the State Board of Education; 7 requiring the State Board of Education to annually 8 review specified information relating to such athletic 9 associations; providing that private schools and 10 traditional public schools are considered high schools 11 for specified purposes; prohibiting public schools 12 from maintaining memberships in or paying dues or fees 13 to certain athletic associations; providing that 14 approved athletic associations are subject to certain 15 requirements; requiring approved athletic associations 16 to adopt certain bylaws; requiring approved athletic 17 associations to establish a certain appeals process; 18 authorizing certain sports medicine advisory 19 committees to establish specified definitions related 20 to concussions; authorizing certain approved athletic 21 associations to establish sports medicine advisory 22 committees that meet certain membership requirements; 23 amending s. 1006.15, F.S.; authorizing home education 24 students, Florida Virtual School students, and private 25 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 2 of 44 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 school students to participate in interscholastic and 26 intrascholastic activities at certain schools; 27 revising the requirements for such students to 28 participate in such activities; providing for the 29 continued participation in such activities by certain 30 students who transfer from a public school; conforming 31 cross-references and provisions to changes made by the 32 act; creating s. 1006.185, F.S.; requiring certain 33 athletic associations to adopt bylaws, policies, or 34 procedures allowing opening remarks at specified 35 events; providing requirements for such remarks; 36 requiring certain announcements before such remarks; 37 providing that opening remarks at specified events are 38 at the discretion of each school; amending ss. 39 768.135, 1002.20, 1002.42, 1006.165, 1006.18, 40 1006.195, 1012.468, 1012.795, and 1012.796, F.S.; 41 conforming cross-references and provisions to changes 42 made by the act; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 1006.20, Florida Statutes, is amended 47 to read: 48 1006.20 Athletics in public K-12 schools.— 49 (1) GOVERNING NONPROFIT ATHLETIC ASSOCIATION 50 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 3 of 44 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 ORGANIZATION.—The Florida High School Athletic Association 51 (FHSAA) is designated as the governing nonprofit athletic 52 association organization of athletics in Florida public schools. 53 If the FHSAA fails to meet the provisions of this section, The 54 State Board of Education may approve other commissioner shall 55 designate a nonprofit athletic associations. As used in this 56 section, the term "approved athletic association" means the 57 FHSAA and other nonprofit athletic associations approved by 58 organization to govern athletics with the approval of the State 59 Board of Education. Each nonprofit athletic association subject 60 to the requirements of this section shall operate under a 61 contract with the State Board of Education. Before entering into 62 a contract with an association, the State Board of Education 63 shall annually review, at a minimum, the bylaws, policies, and 64 dues and fees of the association for compliance with subpart D. 65 of this part. Any approved athletic association The FHSAA is not 66 a state agency as defined in s. 120.52 but is. The FHSAA shall 67 be subject to ss. 1006.15-1006.19 the provisions of s. 1006.19. 68 (2) MEMBERSHIP.—A private school that wishes to engage in 69 high school athletic competition with a public high school may 70 become a member of the FHSAA. Any high school in the state, 71 including private schools, traditional public schools, charter 72 schools, virtual schools, and home education cooperatives, may 73 become a member of any approved athletic association. However, a 74 public school may not maintain membership in or pay dues or fees 75 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 4 of 44 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 to any athletic association that is not operated under a 76 contract with the State Board of Education the FHSAA and 77 participate in the activities of the FHSAA. However, Membership 78 in an association the FHSAA is not mandatory for any school. 79 Approved athletic associations The FHSAA must allow any a 80 private school or cooperative the option of maintaining full 81 membership in the association or joining by sport and may not 82 discourage any a private school or cooperative from 83 simultaneously maintaining membership in another approved 84 athletic association. Approved athletic associations The FHSAA 85 may allow a public school the option to apply for consideration 86 to join another athletic association. the FHSAA may not deny or 87 discourage interscholastic competition between its member 88 schools and nonmember non-FHSAA member Florida schools, 89 including members of another approved athletic association 90 governing organization, and may not take any retributory or 91 discriminatory action against any of its member schools that 92 participate in interscholastic competition with nonmember non- 93 FHSAA member Florida schools. The FHSAA may not unreasonably 94 withhold its approval of an application to become an affiliate 95 member of the National Federation of State High School 96 Associations submitted by any other approved athletic 97 association organization that governs interscholastic athletic 98 competition in this state. The bylaws of each approved athletic 99 association the FHSAA are the rules by which high school 100 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 5 of 44 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 athletic programs in its member schools, and the students who 101 participate in them, are governed, unless otherwise specifically 102 provided by statute. For the purposes of this section, the term 103 "high school" includes grades 6 through 12. 104 (3)(2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.— 105 (a) Each approved athletic association the FHSAA shall 106 adopt bylaws that, unless specifically provided by statute, 107 establish eligibility requirements for all students who 108 participate in high school athletic competition in its member 109 schools. The bylaws governing residence and transfer shall allow 110 the student to be immediately eligible in the school in which he 111 or she first enrolls each school year or the school in which the 112 student makes himself or herself a candidate for an athletic 113 team by engaging in a practice before prior to enrolling in the 114 school. The bylaws shall also allow the student to be 115 immediately eligible in the school to which the student has 116 transferred. The student shall be eligible in that school so 117 long as he or she remains enrolled in that school. Subsequent 118 eligibility shall be determined and enforced through the 119 association's FHSAA's bylaws. Requirements governing eligibility 120 and transfer between member schools shall be applied similarly 121 to public school students and private school students. 122 (b) Each approved athletic association the FHSAA shall 123 adopt bylaws that specifically prohibit the recruiting of 124 students for athletic purposes. The bylaws shall prescribe 125 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 6 of 44 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 penalties and an appeals process for athletic recruiting 126 violations. 127 1. If it is determined that a school has recruited a 128 student in violation of association FHSAA bylaws, the 129 association FHSAA may require the school to participate in a 130 higher classification for the sport in which the recruited 131 student competes for a minimum of one classification cycle, in 132 addition to the penalties in subparagraphs 2. and 3. and any 133 other appropriate fine or sanction imposed on the school, its 134 coaches, or adult representatives who violate recruiting rules. 135 2. Any recruitment by a school district employee or 136 contractor in violation of association FHSAA bylaws results in 137 escalating punishments as follows: 138 a. For a first offense, a $5,000 forfeiture of pay for the 139 school district employee or contractor who committed the 140 violation. 141 b. For a second offense, suspension without pay for 12 142 months from coaching, directing, or advertising an 143 extracurricular activity and a $5,000 forfeiture of pay for the 144 school district employee or contractor who committed the 145 violation. 146 c. For a third offense, a $5,000 forfeiture of pay for the 147 school district employee or contractor who committed the 148 violation. If the individual who committed the violation holds 149 an educator certificate, the association FHSAA shall also refer 150 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 7 of 44 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 the violation to the department for review pursuant to s. 151 1012.796 to determine whether probable cause exists, and, if 152 there is a finding of probable cause, the commissioner shall 153 file a formal complaint against the individual. If the complaint 154 is upheld, the individual's educator certificate shall be 155 revoked for 3 years, in addition to any penalties available 156 under s. 1012.796. Additionally, the department shall revoke any 157 adjunct teaching certificates issued pursuant to s. 1012.57 and 158 all permissions under ss. 1012.39 and 1012.43, and the educator 159 is ineligible for such certificates or permissions for a period 160 of time equal to the period of revocation of his or her state- 161 issued certificate. 162 3. Notwithstanding any other provision of law, a school, 163 team, or activity shall forfeit all competitions, including 164 honors resulting from such competitions, in which a student who 165 participated in any fashion was recruited in a manner prohibited 166 pursuant to state law or the association FHSAA bylaws. 167 4. A student may not be declared ineligible based on 168 violation of recruiting rules unless the student or parent has 169 falsified any enrollment or eligibility document or accepted any 170 benefit if such benefit is not generally available to the 171 school's students or family members or is based in any way on 172 athletic interest, potential, or performance. 173 5. A student's eligibility to participate in any 174 interscholastic or intrascholastic extracurricular activity, as 175 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 8 of 44 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 determined by a district school board pursuant to s. 176 1006.195(1)(a)3., may not be affected by any alleged recruiting 177 violation until final disposition of the allegation. 178 (c) Each approved athletic association the FHSAA shall 179 adopt bylaws that require all students participating in 180 interscholastic athletic competition or who are candidates for 181 an interscholastic athletic team to satisfactorily pass a 182 medical evaluation each year before participating in 183 interscholastic athletic competition or engaging in any 184 practice, tryout, workout, conditioning, or other physical 185 activity associated with the student's candidacy for an 186 interscholastic athletic team, including activities that occur 187 outside of the school year. Such medical evaluation may be 188 administered only by a practitioner licensed under chapter 458, 189 chapter 459, chapter 460, or s. 464.012 or registered under s. 190 464.0123 and in good standing with the practitioner's regulatory 191 board. The bylaws shall establish requirements for eliciting a 192 student's medical history and performing the medical evaluation 193 required under this paragraph, which shall include a physical 194 assessment of the student's physical capabilities to participate 195 in interscholastic athletic competition as contained in a 196 uniform preparticipation physical evaluation and history form. 197 The evaluation form shall incorporate the recommendations of the 198 American Heart Association for participation cardiovascular 199 screening and shall provide a place for the signature of the 200 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 9 of 44 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 practitioner performing the evaluation with an attestation that 201 each examination procedure listed on the form was performed by 202 the practitioner or by someone under the direct supervision of 203 the practitioner. The form shall also contain a place for the 204 practitioner to indicate if a referral to another practitioner 205 was made in lieu of completion of a certain examination 206 procedure. The form shall provide a place for the practitioner 207 to whom the student was referred to complete the remaining 208 sections and attest to that portion of the examination. The 209 preparticipation physical evaluation form shall advise students 210 to complete a cardiovascular assessment and shall include 211 information concerning alternative cardiovascular evaluation and 212 diagnostic tests. Results of such medical evaluation must be 213 provided to the school. A student is not eligible to 214 participate, as provided in s. 1006.15(3), in any 215 interscholastic athletic competition or engage in any practice, 216 tryout, workout, or other physical activity associated with the 217 student's candidacy for an interscholastic athletic team until 218 the results of the medical evaluation have been received and 219 approved by the school. 220 (d) Notwithstanding the provisions of paragraph (c), a 221 student may participate in interscholastic athletic competition 222 or be a candidate for an interscholastic athletic team if the 223 parent of the student objects in writing to the student 224 undergoing a medical evaluation because such evaluation is 225 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 10 of 44 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 contrary to his or her religious tenets or practices. However, 226 in such case, there shall be no liability on the part of any 227 person or entity in a position to otherwise rely on the results 228 of such medical evaluation for any damages resulting from the 229 student's injury or death arising directly from the student's 230 participation in interscholastic athletics where an undisclosed 231 medical condition that would have been revealed in the medical 232 evaluation is a proximate cause of the injury or death. 233 (e) Each approved athletic association the FHSAA shall 234 adopt bylaws that regulate persons who conduct investigations on 235 behalf of the association FHSAA. The bylaws shall include 236 provisions that require an investigator to: 237 1. Undergo level 2 background screening under s. 435.04, 238 establishing that the investigator has not committed any 239 disqualifying offense listed in s. 435.04, unless the 240 investigator can provide proof of compliance with level 2 241 screening standards submitted within the previous 5 years to 242 meet any professional licensure requirements, provided: 243 a. The investigator has not had a break in service from a 244 position that requires level 2 screening for more than 90 days; 245 and 246 b. The investigator submits, under penalty of perjury, an 247 affidavit verifying that the investigator has not committed any 248 disqualifying offense listed in s. 435.04 and is in full 249 compliance with this paragraph. 250 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 11 of 44 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 2. Be appointed as an investigator by the executive 251 director. 252 3. Carry a photo identification card that shows the 253 association's FHSAA name and, logo, and the investigator's 254 official title. 255 4. Adhere to the following guidelines: 256 a. Investigate only those alleged violations assigned by 257 the executive director or the board of directors. 258 b. Conduct interviews on Monday through Friday between the 259 hours of 9 a.m. and 7 p.m. only, unless previously agreed to by 260 the interviewee. 261 c. Allow the parent of any student being interviewed to be 262 present during the interview. 263 d. Search residences or other private areas only with the 264 permission of the executive director and the written consent of 265 the student's parent and only with a parent or a representative 266 of the parent present. 267 (f) Each approved athletic association the FHSAA shall 268 adopt bylaws that establish sanctions for coaches who have 269 committed major violations of the association's FHSAA's bylaws 270 and policies. 271 1. Major violations include, but are not limited to, 272 knowingly allowing an ineligible student to participate in a 273 contest representing a member school in an interscholastic 274 contest or committing a violation of the association's FHSAA's 275 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 12 of 44 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 recruiting or sportsmanship policies. 276 2. Sanctions placed upon an individual coach may include, 277 but are not limited to, prohibiting or suspending the coach from 278 coaching, participating in, or attending any athletic activity 279 sponsored, recognized, or sanctioned by the association FHSAA 280 and the member school for which the coach committed the 281 violation. If a coach is sanctioned by the association FHSAA and 282 the coach transfers to another member school, those sanctions 283 remain in full force and effect during the term of the sanction. 284 3. If a member school is assessed a financial penalty as a 285 result of a coach committing a major violation, the coach shall 286 reimburse the member school before being allowed to coach, 287 participate in, or attend any athletic activity sponsored, 288 recognized, or sanctioned by the association FHSAA and a member 289 school. 290 4. The association FHSAA shall establish a due process 291 procedure for coaches sanctioned under this paragraph, 292 consistent with the appeals procedures set forth in subsection 293 (8) (7). 294 (g) Each approved athletic association the FHSAA shall 295 adopt bylaws establishing the process and standards by which the 296 association's FHSAA determinations of eligibility are made. Such 297 bylaws shall provide that: 298 1. Ineligibility must be established by a preponderance of 299 the evidence; 300 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 13 of 44 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 2. Student athletes, parents, and schools must have notice 301 of the initiation of any investigation or other inquiry into 302 eligibility and may present, to the investigator and to the 303 individual making the eligibility determination, any information 304 or evidence that is credible, persuasive, and of a kind 305 reasonably prudent persons rely upon in the conduct of serious 306 affairs; 307 3. An investigator may not determine matters of 308 eligibility but must submit information and evidence to the 309 executive director or a person designated by the executive 310 director or by the board of directors for an unbiased and 311 objective determination of eligibility; and 312 4. A determination of ineligibility must be made in 313 writing, setting forth the findings of fact and specific 314 violation upon which the decision is based. 315 (h) In lieu of bylaws adopted under paragraph (g), an 316 approved athletic association the FHSAA may adopt bylaws 317 providing as a minimum the procedural safeguards of ss. 120.569 318 and 120.57, making appropriate provision for appointment of 319 unbiased and qualified hearing officers. 320 (i) An approved athletic association's the FHSAA bylaws 321 may not limit the competition of student athletes prospectively 322 for rule violations of their school or its coaches or their 323 adult representatives. The association FHSAA bylaws may not 324 unfairly punish student athletes for eligibility or recruiting 325 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 14 of 44 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 violations perpetrated by a teammate, coach, or administrator. 326 Contests may not be forfeited for inadvertent eligibility 327 violations unless the coach or a school administrator should 328 have known of the violation. Contests may not be forfeited for 329 other eligibility violations or recruiting violations in excess 330 of the number of contests that the coaches and adult 331 representatives responsible for the violations are prospectively 332 suspended. 333 (j) Each approved athletic association the FHSAA shall 334 adopt guidelines to educate athletic coaches, officials, 335 administrators, and student athletes and their parents of the 336 nature and risk of concussion and head injury. 337 (k) Each approved athletic association the FHSAA shall 338 adopt bylaws or policies that require the parent of a student 339 who is participating in interscholastic athletic competition or 340 who is a candidate for an interscholastic athletic team to sign 341 and return an informed consent that explains the nature and risk 342 of concussion and head injury, including the risk of continuing 343 to play after concussion or head injury, each year before 344 participating in interscholastic athletic competition or 345 engaging in any practice, tryout, workout, or other physical 346 activity associated with the student's candidacy for an 347 interscholastic athletic team. 348 (l) Each approved athletic association the FHSAA shall 349 adopt bylaws or policies that require each student athlete who 350 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 15 of 44 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 is suspected of sustaining a concussion or head injury in a 351 practice or competition to be immediately removed from the 352 activity. A student athlete who has been removed from an 353 activity may not return to practice or competition until the 354 student submits to the school a written medical clearance to 355 return stating that the student athlete no longer exhibits 356 signs, symptoms, or behaviors consistent with a concussion or 357 other head injury. Medical clearance must be authorized by the 358 appropriate health care practitioner trained in the diagnosis, 359 evaluation, and management of concussions as defined by a the 360 sports medicine advisory committee established pursuant to 361 paragraph (m) of the Florida High School Athletic Association. 362 (m)1. The FHSAA shall adopt bylaws for the establishment 363 and duties of a sports medicine advisory committee composed of 364 the following members: 365 a.1. Eight physicians licensed under chapter 458 or 366 chapter 459 with at least one member licensed under chapter 459. 367 b.2. One chiropractor licensed under chapter 460. 368 c.3. One podiatrist licensed under chapter 461. 369 d.4. One dentist licensed under chapter 466. 370 e.5. Three athletic trainers licensed under part XIII of 371 chapter 468. 372 f.6. One member who is a current or retired head coach of 373 a high school in the state. 374 2. An approved athletic association that does not rely on 375 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 16 of 44 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 the recommendations of the sports medicine advisory committee of 376 the FHSAA shall establish a sports medicine advisory committee 377 whose membership satisfies the requirements of subparagraph 1. 378 (4)(3) GOVERNING STRUCTURE OF THE FHSAA.— 379 (a) The FHSAA shall operate as a representative democracy 380 in which the sovereign authority is within its member schools. 381 Except as provided in this section, the FHSAA shall govern its 382 affairs through its bylaws. 383 (b) Each member school, on its annual application for 384 membership, shall name its official representative to the FHSAA. 385 This representative must be either the school principal or his 386 or her designee. That designee must either be an assistant 387 principal or athletic director housed within that same school. 388 (c) The FHSAA's membership shall be divided along existing 389 county lines into four contiguous and compact administrative 390 regions, each containing an equal or nearly equal number of 391 member schools to ensure equitable representation on the FHSAA's 392 board of directors, representative assembly, and appeals 393 committees. 394 (5)(4) FHSAA BOARD OF DIRECTORS.— 395 (a) The executive authority of the FHSAA shall be vested 396 in its board of directors. Any entity that appoints members to 397 the board of directors shall examine the ethnic and demographic 398 composition of the board when selecting candidates for 399 appointment and shall, to the greatest extent possible, make 400 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 17 of 44 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 appointments that reflect state demographic and population 401 trends. The board of directors shall be composed of 16 persons, 402 as follows: 403 1. Four public member school representatives, one elected 404 from among its public school representative members within each 405 of the four administrative regions. 406 2. Four nonpublic member school representatives, one 407 elected from among its nonpublic school representative members 408 within each of the four administrative regions. 409 3. Three representatives appointed by the commissioner, 410 one appointed from the two northernmost administrative regions 411 and one appointed from the two southernmost administrative 412 regions. The third representative shall be appointed to balance 413 the board for diversity or state population trends, or both. 414 4. Two district school superintendents, one elected from 415 the two northernmost administrative regions by the members in 416 those regions and one elected from the two southernmost 417 administrative regions by the members in those regions. 418 5. Two district school board members, one elected from the 419 two northernmost administrative regions by the members in those 420 regions and one elected from the two southernmost administrative 421 regions by the members in those regions. 422 6. The commissioner or his or her designee from the 423 department executive staff. 424 (b) A quorum of the board of directors shall consist of 425 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 18 of 44 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 nine members. 426 (c) The board of directors shall elect a president and a 427 vice president from among its members. These officers shall also 428 serve as officers of the FHSAA. 429 (d) Members of the board of directors shall serve terms of 430 3 years and are eligible to succeed themselves only once. A 431 member of the board of directors, other than the commissioner or 432 his or her designee, may serve a maximum of 6 consecutive years. 433 The FHSAA's bylaws shall establish a rotation of terms to ensure 434 that a majority of the members' terms do not expire 435 concurrently. 436 (e) The authority and duties of the board of directors, 437 acting as a body and in accordance with the FHSAA's bylaws, are 438 as follows: 439 1. To act as the incorporated FHSAA's board of directors 440 and to fulfill its obligations as required by the FHSAA's 441 charter and articles of incorporation. 442 2. To establish such guidelines, regulations, policies, 443 and procedures as are authorized by the bylaws. 444 3. To employ an FHSAA executive director, who shall have 445 the authority to waive the bylaws of the FHSAA in order to 446 comply with statutory changes. 447 4. To levy annual dues and other fees and to set the 448 percentage of contest receipts to be collected by the FHSAA. 449 5. To approve the budget of the FHSAA. 450 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 19 of 44 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 6. To organize and conduct statewide interscholastic 451 competitions, which may or may not lead to state championships, 452 and to establish the terms and conditions for these 453 competitions. 454 7. To act as an administrative board in the interpretation 455 of, and final decision on, all questions and appeals arising 456 from the directing of interscholastic athletics of member 457 schools. 458 (6)(5) FHSAA REPRESENTATIVE ASSEMBLY.— 459 (a) The legislative authority of the FHSAA is vested in 460 its representative assembly. 461 (b) The representative assembly shall be composed of the 462 following: 463 1. An equal number of member school representatives from 464 each of the four administrative regions. 465 2. Four district school superintendents, one elected from 466 each of the four administrative regions by the district school 467 superintendents in their respective administrative regions. 468 3. Four district school board members, one elected from 469 each of the four administrative regions by the district school 470 board members in their respective administrative regions. 471 4. The commissioner or his or her designee from the 472 department executive staff. 473 (c) The FHSAA's bylaws shall establish the number of 474 member school representatives to serve in the representative 475 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 20 of 44 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 assembly from each of the four administrative regions and shall 476 establish the method for their selection. 477 (d) No member of the board of directors other than the 478 commissioner or his or her designee can serve in the 479 representative assembly. 480 (e) The representative assembly shall elect a chairperson 481 and a vice chairperson from among its members. 482 (f) Elected members of the representative assembly shall 483 serve terms of 2 years and are eligible to succeed themselves 484 for two additional terms. An elected member, other than the 485 commissioner or his or her designee, may serve a maximum of 6 486 consecutive years in the representative assembly. 487 (g) A quorum of the representative assembly consists of 488 one more than half of its members. 489 (h) The authority of the representative assembly is 490 limited to its sole duty, which is to consider, adopt, or reject 491 any proposed amendments to the FHSAA's bylaws. 492 (i) The representative assembly shall meet as a body 493 annually. A two-thirds majority of the votes cast by members 494 present is required for passage of any proposal. 495 (7)(6) FHSAA PUBLIC LIAISON ADVISORY COMMITTEE.— 496 (a) The FHSAA shall establish, sustain, fund, and provide 497 staff support to a public liaison advisory committee composed of 498 the following: 499 1. The commissioner or his or her designee. 500 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 21 of 44 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 2. A member public school principal. 501 3. A member private school principal. 502 4. A member school principal who is a member of a racial 503 minority. 504 5. An active athletic director. 505 6. An active coach, who is employed full time by a member 506 school. 507 7. A student athlete. 508 8. A district school superintendent. 509 9. A district school board member. 510 10. A member of the Florida House of Representatives. 511 11. A member of the Florida Senate. 512 12. A parent of a high school student. 513 13. A member of a home education association. 514 14. A representative of the business community. 515 15. A representative of the news media. 516 (b) No member of the board of directors, committee on 517 appeals, or representative assembly is eligible to serve on the 518 public liaison advisory committee. 519 (c) The public liaison advisory committee shall elect a 520 chairperson and vice chairperson from among its members. 521 (d) The authority and duties of the public liaison 522 advisory committee are as follows: 523 1. To act as a conduit through which the general public 524 may have input into the decisionmaking process of the FHSAA and 525 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 22 of 44 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 to assist the FHSAA in the development of procedures regarding 526 the receipt of public input and disposition of complaints 527 related to high school athletic and competition programs. 528 2. To conduct public hearings annually in each of the four 529 administrative regions during which interested parties may 530 address issues regarding the effectiveness of the rules, 531 operation, and management of the FHSAA. 532 3. To conduct an annual evaluation of the FHSAA as a whole 533 and present a report of its findings, conclusion, and 534 recommendations to the board of directors, to the commissioner, 535 and to the respective education committees of the Florida Senate 536 and the Florida House of Representatives. The recommendations 537 must delineate policies and procedures that will improve the 538 implementation and oversight of high school athletic programs by 539 the FHSAA. 540 (e) The public liaison advisory committee shall meet four 541 times annually. Additional meetings may be called by the 542 committee chairperson, the FHSAA president, or the FHSAA 543 executive director. 544 (8)(7) APPEALS.— 545 (a) Each approved athletic association the FHSAA shall 546 establish a procedure of due process which ensures each student 547 the opportunity to appeal an unfavorable ruling with regard to 548 his or her eligibility to compete. The initial appeal shall be 549 made to a committee on appeals within the administrative region 550 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 23 of 44 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 in which the student lives. The approved athletic association's 551 FHSAA's bylaws shall establish the number, size, and composition 552 of each committee on appeals. 553 (b) No member of the board of directors is eligible to 554 serve on a committee on appeals. 555 (c) Members of a committee on appeals shall serve terms of 556 3 years and are eligible to succeed themselves only once. A 557 member of a committee on appeals may serve a maximum of 6 558 consecutive years. The approved athletic association's FHSAA's 559 bylaws shall establish a rotation of terms to ensure that a 560 majority of the members' terms do not expire concurrently. 561 (d) The authority and duties of a committee on appeals 562 shall be to consider requests by member schools seeking 563 exceptions to bylaws and regulations, to hear undue hardship 564 eligibility cases filed by member schools on behalf of student 565 athletes, and to hear appeals filed by member schools or student 566 athletes. 567 (e) A student athlete or member school that receives an 568 unfavorable ruling from a committee on appeals shall be entitled 569 to appeal that decision to the board of directors at its next 570 regularly scheduled meeting or called meeting. The board of 571 directors shall have the authority to uphold, reverse, or amend 572 the decision of the committee on appeals. In all such cases, the 573 decision of the board of directors shall be final. 574 (f) The approved athletic association FHSAA shall expedite 575 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 24 of 44 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 the appeals process on determinations of ineligibility so that 576 disposition of the appeal can be made before the end of the 577 applicable sports season, if possible. 578 (g) In any appeal from a decision on eligibility made by 579 the executive director or a designee, a school or student 580 athlete filing the appeal must be permitted to present 581 information and evidence that was not available at the time of 582 the initial determination or if the determination was not made 583 by an unbiased, objective individual using a process allowing 584 full due process rights to be heard and to present evidence. If 585 evidence is presented on appeal, a de novo decision must be made 586 by the committee or board hearing the appeal, or the 587 determination may be suspended and the matter remanded for a new 588 determination based on all the evidence. If a de novo decision 589 is made on appeal, the decision must be made in writing, setting 590 forth the findings of fact and specific violation upon which the 591 decision is based. If a de novo decision is not required, the 592 decision appealed must be set aside if the decision on 593 ineligibility was not based on clear and convincing evidence. 594 Any further appeal shall be considered on a record that includes 595 all evidence presented. 596 (9)(8) AMENDMENT OF FHSAA BYLAWS.—Each member school 597 representative, the board of directors acting as a whole or as 598 members acting individually, any advisory committee acting as a 599 whole to be established by the FHSAA, and the FHSAA's executive 600 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 25 of 44 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 director are empowered to propose amendments to the bylaws. Any 601 other individual may propose an amendment by securing the 602 sponsorship of any of the aforementioned individuals or bodies. 603 All proposed amendments must be submitted directly to the 604 representative assembly for its consideration. The 605 representative assembly, while empowered to adopt, reject, or 606 revise proposed amendments, may not, in and of itself, as a body 607 be allowed to propose any amendment for its own consideration. 608 Section 2. Paragraphs (c) and (e) of subsection (3), 609 subsection (8), and paragraph (a) of subsection (9) of section 610 1006.15, Florida Statutes, are amended, and subsection (10) is 611 added to that section, to read: 612 1006.15 Student standards for participation in 613 interscholastic and intrascholastic extracurricular student 614 activities; regulation.— 615 (3)(c) An individual home education student is eligible to 616 participate at any the public school in the school district in 617 which the student resides to which the student would be assigned 618 according to district school board attendance area policies or 619 which the student could choose to attend pursuant to s. 1002.31, 620 or may develop an agreement to participate at a private school, 621 in the interscholastic extracurricular activities of that 622 school, provided the following conditions are met: 623 1. The home education student must meet the requirements 624 of the home education program pursuant to s. 1002.41. 625 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 26 of 44 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 2. During the period of participation at a school, the 626 home education student must demonstrate educational progress as 627 required in paragraph (b) in all subjects taken in the home 628 education program by a method of evaluation agreed upon by the 629 parent and the school principal which may include: review of the 630 student's work by a certified teacher chosen by the parent; 631 grades earned through correspondence; grades earned in courses 632 taken at a Florida College System institution, university, or 633 trade school; standardized test scores above the 35th 634 percentile; or any other method designated in s. 1002.41. 635 3. The home education student must meet the same residency 636 requirements as other students in the school at which he or she 637 participates. 638 4. The home education student must meet the same standards 639 of acceptance, behavior, and performance as required of other 640 students in extracurricular activities. 641 5. The student must register with the school his or her 642 intent to participate in interscholastic extracurricular 643 activities as a representative of the school before 644 participation. A home education student must be able to 645 participate in curricular activities if that is a requirement 646 for an extracurricular activity. 647 6. A student who transfers from a home education program 648 to a public school before or during the first grading period of 649 the school year is academically eligible to participate in 650 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 27 of 44 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 interscholastic extracurricular activities during the first 651 grading period provided the student has a successful evaluation 652 from the previous school year, pursuant to subparagraph 2. 653 7. Any public school or private school student who has 654 been unable to maintain academic eligibility for participation 655 in interscholastic extracurricular activities is ineligible to 656 participate in such activities as a home education student until 657 the student has successfully completed one grading period in 658 home education pursuant to subparagraph 2. to become eligible to 659 participate as a home education student. 660 8. The roster for the specific interscholastic activity in 661 which the home education student would like to participate has 662 not reached the activity's identified maximum size and the coach 663 or sponsor for the activity determines that the home education 664 student has the requisite skill and ability to participate. 665 (e) A student of the Florida Virtual School full-time 666 program may participate in any interscholastic extracurricular 667 activity at any the public school in the school district in 668 which the student resides to which the student would be assigned 669 according to district school board attendance area policies or 670 which the student could choose to attend pursuant to s. 1002.31 671 if the student: 672 1. During the period of participation in the 673 interscholastic extracurricular activity, the student meets the 674 requirements in paragraph (a). 675 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 28 of 44 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 2. The student meets any additional requirements as 676 determined by the board of trustees of the Florida Virtual 677 School. 678 3. The student meets the same residency requirements as 679 other students in the school at which he or she participates. 680 4. The student meets the same standards of acceptance, 681 behavior, and performance that are required of other students in 682 extracurricular activities. 683 5. The student registers his or her intent to participate 684 in interscholastic extracurricular activities with the school 685 before participation. A Florida Virtual school student must be 686 able to participate in curricular activities if that is a 687 requirement for an extracurricular activity. 688 6. The roster for the specific interscholastic activity in 689 which the student would like to participate has not reached the 690 activity's identified maximum size and the coach or sponsor for 691 the activity determines that the student has the requisite skill 692 and ability to participate. 693 (8)(a) Each approved athletic association under s. 1006.20 694 the Florida High School Athletic Association (FHSAA), in 695 cooperation with each district school board and member private 696 school, shall facilitate a program in which a middle school or 697 high school student who attends a private school shall be 698 eligible to participate in an interscholastic or intrascholastic 699 sport at a member public high school, a member public middle 700 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 29 of 44 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 school, or a member 6-12 public school, or a member private 701 school, as appropriate for the private school student's grade 702 level to which the student would be assigned according to 703 district school board attendance area policies and procedures or 704 which the student could choose to attend pursuant to s. 1002.31, 705 provided the public school has not reached capacity as 706 determined by the district school board, if: 707 1. The private school in which the student is enrolled is 708 not a member of the association FHSAA. 709 2. The private school student meets the guidelines for the 710 conduct of the program established by the association's FHSAA's 711 board of directors and the district school board or member 712 private school. At a minimum, such guidelines shall provide: 713 a. a deadline for each sport by which the private school 714 student's parents must register with the member public school in 715 writing their intent for their child to participate at that 716 school in the sport. 717 3. The roster for the specific interscholastic or 718 intrascholastic sport in which the private school student would 719 like to participate has not reached the sport's identified 720 maximum size and the coach for the sport determines that the 721 private school student has the requisite skill and ability to 722 participate. 723 b. Requirements for a private school student to 724 participate, including, but not limited to, meeting the same 725 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 30 of 44 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 standards of eligibility, acceptance, behavior, educational 726 progress, and performance which apply to other students 727 participating in interscholastic or intrascholastic sports at a 728 public school or FHSAA member private school. 729 (b) The parents of a private school student participating 730 in a member public school sport under this subsection are 731 responsible for transporting their child to and from the member 732 public school at which the student participates. The private 733 school the student attends, the member public school at which 734 the student participates in a sport, the district school board, 735 and the association FHSAA are exempt from civil liability 736 arising from any injury that occurs to the student during such 737 transportation. 738 (c) For each academic year, a private school student may 739 only participate at the member public school in which the 740 student is first registered under subparagraph (a)2. sub- 741 subparagraph (a)2.a. or makes himself or herself a candidate for 742 an athletic team by engaging in a practice. 743 (d) The athletic director of each participating 744 association FHSAA member public school shall maintain the 745 student records necessary for eligibility, compliance, and 746 participation in the program. 747 (e) Any nonmember non-FHSAA member private school that has 748 a student who wishes to participate in this program must make 749 all student records, including, but not limited to, academic, 750 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 31 of 44 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 financial, disciplinary, and attendance records, available upon 751 request of the association FHSAA. 752 (f) A student must apply to participate in this program 753 through the association's FHSAA program application process. 754 (g) Only students who are enrolled in non-FHSAA member 755 private schools consisting of 125 students or fewer are eligible 756 to participate in the program in any given academic year. 757 (9)(a) A student who transfers to a school during the 758 school year may seek to immediately join an existing team if the 759 roster for the specific interscholastic or intrascholastic 760 extracurricular activity has not reached the activity's 761 identified maximum size and if the coach for the activity 762 determines that the student has the requisite skill and ability 763 to participate. The approved athletic association under s. 764 1006.20 FHSAA and school district or charter school may not 765 declare such a student ineligible because the student did not 766 have the opportunity to comply with qualifying requirements. 767 (10) A student who is participating in an interscholastic 768 or intrascholastic activity at a public school and who transfers 769 from the school during the school year must be permitted to 770 continue to participate in the activity at the school from which 771 he or she transferred for the remainder of the school year if: 772 (a) During the period of participation in the activity, 773 the student continues to meet the requirements in paragraph 774 (3)(a). 775 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 32 of 44 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 (b) The student continues to meet the same standards of 776 acceptance, behavior, and performance that are required of other 777 students participating in the activity, except for enrollment 778 requirements at the school at which the student participates. 779 (c) The parents of the student participating in the 780 activity provide for the transportation of the student to and 781 from the school at which the student participates. The school 782 the student attends, the school at which the student 783 participates in the activity, and the district school board are 784 exempt from civil liability arising from any injury that occurs 785 to the student during such transportation. 786 Section 3. Section 1006.185, Florida Statutes, is created 787 to read: 788 1006.185 Opening remarks at high school athletic 789 contests.—Each approved athletic association under s. 1006.20 790 whose membership includes public schools shall adopt bylaws, 791 policies, or procedures that provide each school participating 792 in a high school championship contest, or series of contests, 793 under the direction and supervision of the association, the 794 opportunity to make brief opening remarks, if requested by the 795 school, using the public address system at the event. Such 796 remarks may not be longer than 2 minutes per school. The 797 athletic association may not control, monitor, or review the 798 content of the opening remarks and may not control the school's 799 choice of speaker. Before the opening remarks, an announcement 800 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 33 of 44 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 must be made that the content of any opening remarks by a 801 participating school are not endorsed by and do not reflect the 802 views and opinions of the athletic association. The decision to 803 allow opening remarks before regular season contests is at the 804 discretion of each school. 805 Section 4. Subsection (3) of section 768.135, Florida 806 Statutes, is amended to read: 807 768.135 Volunteer team physicians; immunity.— 808 (3) A practitioner licensed under chapter 458, chapter 809 459, chapter 460, or s. 464.012 or registered under s. 464.0123 810 who gratuitously and in good faith conducts an evaluation 811 pursuant to s. 1006.20(3)(c) s. 1006.20(2)(c) is not liable for 812 any civil damages arising from that evaluation unless the 813 evaluation was conducted in a wrongful manner. 814 Section 5. Subsection (17) of section 1002.20, Florida 815 Statutes, is amended to read: 816 1002.20 K-12 student and parent rights.—Parents of public 817 school students must receive accurate and timely information 818 regarding their child's academic progress and must be informed 819 of ways they can help their child to succeed in school. K-12 820 students and their parents are afforded numerous statutory 821 rights including, but not limited to, the following: 822 (17) ATHLETICS; PUBLIC HIGH SCHOOL.— 823 (a) Eligibility.—Eligibility requirements for all students 824 participating in high school athletic competition must allow a 825 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 34 of 44 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 student to be immediately eligible in the school in which he or 826 she first enrolls each school year, the school in which the 827 student makes himself or herself a candidate for an athletic 828 team by engaging in practice before enrolling, or the school to 829 which the student has transferred, in accordance with s. 830 1006.20(3)(a) s. 1006.20(2)(a). 831 (b) Medical evaluation.—Students must satisfactorily pass 832 a medical evaluation each year before participating in 833 athletics, unless the parent objects in writing based on 834 religious tenets or practices, in accordance with s. 835 1006.20(3)(d) the provisions of s. 1006.20(2)(d). 836 Section 6. Subsection (8) of section 1002.42, Florida 837 Statutes, is amended to read: 838 1002.42 Private schools.— 839 (8) ATHLETIC COMPETITION.—A private school may participate 840 in athletic competition with a public high school by joining any 841 approved athletic association in accordance with s. 1006.20 the 842 provisions of s. 1006.20(1). 843 Section 7. Paragraph (a) of subsection (1) and paragraph 844 (a) of subsection (2) of section 1006.165, Florida Statutes, are 845 amended to read: 846 1006.165 Well-being of students participating in 847 extracurricular activities; training.— 848 (1)(a) Each public school that is a member of any approved 849 athletic association under s. 1006.20 the Florida High School 850 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 35 of 44 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 Athletic Association (FHSAA) must have an operational automated 851 external defibrillator on the school grounds. The defibrillator 852 must be available in a clearly marked and publicized location 853 for each athletic contest, practice, workout, or conditioning 854 session, including those conducted outside of the school year. 855 Public and private partnerships are encouraged to cover the cost 856 associated with the purchase and placement of the defibrillator 857 and training in the use of the defibrillator. 858 (2)(a) In order to better protect student athletes 859 participating in athletics during hot weather and avoid 860 preventable injury or death, each approved athletic association 861 under s. 1006.20 the FHSAA shall: 862 1. Make training and resources available to each member 863 school for the effective monitoring of heat stress. 864 2. Establish guidelines for monitoring heat stress and 865 identify heat stress levels at which a school must make a 866 cooling zone available for each outdoor athletic contest, 867 practice, workout, or conditioning session. Heat stress must be 868 determined by measuring the ambient temperature, humidity, wind 869 speed, sun angle, and cloud cover at the site of the athletic 870 activity. 871 3. Require member schools to monitor heat stress and 872 modify athletic activities, including suspending or moving 873 activities, based on the heat stress guidelines. 874 4. Establish hydration guidelines, including appropriate 875 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 36 of 44 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 introduction of electrolytes after extended activities or when a 876 student participates in multiple activities in a day. 877 5. Establish requirements for cooling zones, including, at 878 a minimum, the immediate availability of cold-water immersion 879 tubs or equivalent means to rapidly cool internal body 880 temperature when a student exhibits symptoms of exertional heat 881 stroke and the presence of an employee or volunteer trained to 882 implement cold-water immersion. 883 6. Require each school's emergency action plan, as 884 required by the association FHSAA, to include a procedure for 885 onsite cooling using cold-water immersion or equivalent means 886 before a student is transported to a hospital for exertional 887 heat stroke. 888 889 The requirements of this paragraph apply year-round. 890 Section 8. Section 1006.18, Florida Statutes, is amended 891 to read: 892 1006.18 Cheerleader safety standards.—Each approved 893 athletic association under s. 1006.20 the Florida High School 894 Athletic Association or successor organization shall adopt 895 statewide uniform safety standards for student cheerleaders and 896 spirit groups that participate in any school activity or 897 extracurricular student activity, if applicable. Such approved 898 athletic association the Florida High School Athletic 899 Association or successor organization shall adopt the "Official 900 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 37 of 44 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 High School Spirit Rules," published by the National Federation 901 of State High School Associations, as the statewide uniform 902 safety standards. 903 Section 9. Paragraph (a) of subsection (1) and subsection 904 (2) of section 1006.195, Florida Statutes, are amended to read: 905 1006.195 District school board, charter school authority 906 and responsibility to establish student eligibility regarding 907 participation in interscholastic and intrascholastic 908 extracurricular activities.—Notwithstanding any provision to the 909 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 910 eligibility to participate in interscholastic and 911 intrascholastic extracurricular activities: 912 (1)(a) A district school board must establish, through its 913 code of student conduct, student eligibility standards and 914 related student disciplinary actions regarding student 915 participation in interscholastic and intrascholastic 916 extracurricular activities. The code of student conduct must 917 provide that: 918 1. A student not currently suspended from interscholastic 919 or intrascholastic extracurricular activities, or suspended or 920 expelled from school, pursuant to a district school board's 921 suspension or expulsion powers provided in law, including ss. 922 1006.07, 1006.08, and 1006.09, is eligible to participate in 923 interscholastic and intrascholastic extracurricular activities. 924 2. A student may not participate in a sport if the student 925 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 38 of 44 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 participated in that same sport at another school during that 926 school year, unless the student meets the criteria in s. 927 1006.15(3)(h). 928 3. A student's eligibility to participate in any 929 interscholastic or intrascholastic extracurricular activity may 930 not be affected by any alleged recruiting violation until final 931 disposition of the allegation pursuant to s. 1006.20(3)(b) s. 932 1006.20(2)(b). 933 (2)(a) Each approved athletic association the Florida High 934 School Athletic Association (FHSAA) continues to retain 935 jurisdiction over the following provisions in s. 1006.20, which 936 may not be implemented in a manner contrary to this section: 937 membership in the association FHSAA; recruiting prohibitions and 938 violations; student medical evaluations; investigations; 939 sanctions for coaches; school eligibility and forfeiture of 940 contests; student concussions or head injuries; the sports 941 medical advisory committee; and the general operational 942 provisions of the association FHSAA. 943 (b) Each approved athletic association under s. 1006.20 944 the FHSAA must adopt, and prominently publish, the text of this 945 section on its website and in its bylaws, rules, procedures, 946 training and education materials, and all other governing 947 authority documents by August 1, 2016. 948 Section 10. Paragraph (g) of subsection (2) of section 949 1012.468, Florida Statutes, is amended to read: 950 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 39 of 44 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 1012.468 Exceptions to certain fingerprinting and criminal 951 history checks.— 952 (2) A district school board shall exempt from the 953 screening requirements set forth in ss. 1012.465 and 1012.467 954 the following noninstructional contractors: 955 (g) An investigator for any approved athletic association 956 the Florida High School Athletic Association (FHSAA) who meets 957 the requirements under s. 1006.20(3)(e) s. 1006.20(2)(e). 958 Section 11. Paragraph (o) of subsection (1) of section 959 1012.795, Florida Statutes, is amended to read: 960 1012.795 Education Practices Commission; authority to 961 discipline.— 962 (1) The Education Practices Commission may suspend the 963 educator certificate of any instructional personnel or school 964 administrator, as defined in s. 1012.01(2) or (3), for up to 5 965 years, thereby denying that person the right to teach or 966 otherwise be employed by a district school board or public 967 school in any capacity requiring direct contact with students 968 for that period of time, after which the person may return to 969 teaching as provided in subsection (4); may revoke the educator 970 certificate of any person, thereby denying that person the right 971 to teach or otherwise be employed by a district school board or 972 public school in any capacity requiring direct contact with 973 students for up to 10 years, with reinstatement subject to 974 subsection (4); may permanently revoke the educator certificate 975 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 40 of 44 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 of any person thereby denying that person the right to teach or 976 otherwise be employed by a district school board or public 977 school in any capacity requiring direct contact with students; 978 may suspend a person's educator certificate, upon an order of 979 the court or notice by the Department of Revenue relating to the 980 payment of child support; may direct the department to place a 981 certificateholder employed by a public school, charter school, 982 charter school governing board, or private school that 983 participates in a state scholarship program under chapter 1002 984 on the disqualification list maintained by the department 985 pursuant to s. 1001.10(4)(b) for misconduct that would render 986 the person ineligible pursuant to s. 1012.315 or sexual 987 misconduct with a student; or may impose any other penalty 988 provided by law, if the person: 989 (o) Has committed a third recruiting offense as determined 990 by an approved athletic association the Florida High School 991 Athletic Association (FHSAA) pursuant to s. 1006.20(3)(b) s. 992 1006.20(2)(b). 993 Section 12. Subsections (3) and (7) of section 1012.796, 994 Florida Statutes, are amended to read: 995 1012.796 Complaints against teachers and administrators; 996 procedure; penalties.— 997 (3) The department staff shall advise the commissioner 998 concerning the findings of the investigation and of all 999 referrals by an approved athletic association the Florida High 1000 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 41 of 44 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 School Athletic Association (FHSAA) pursuant to ss. 1001 1006.20(3)(b) ss. 1006.20(2)(b) and 1012.795. The department 1002 general counsel or members of that staff shall review the 1003 investigation or the referral and advise the commissioner 1004 concerning probable cause or lack thereof. The determination of 1005 probable cause shall be made by the commissioner. The 1006 commissioner shall provide an opportunity for a conference, if 1007 requested, before prior to determining probable cause. The 1008 commissioner may enter into deferred prosecution agreements in 1009 lieu of finding probable cause if, in his or her judgment, such 1010 agreements are in the best interests of the department, the 1011 certificateholder, and the public. Such deferred prosecution 1012 agreements shall become effective when filed with the clerk of 1013 the Education Practices Commission. However, a deferred 1014 prosecution agreement may not be entered into if there is 1015 probable cause to believe that a felony or an act of moral 1016 turpitude, as defined by rule of the State Board of Education, 1017 has occurred, or for referrals by any approved athletic 1018 association the FHSAA. Upon finding no probable cause, the 1019 commissioner shall dismiss the complaint and may issue a letter 1020 of guidance to the certificateholder. 1021 (7) A panel of the commission shall enter a final order 1022 either dismissing the complaint or imposing one or more of the 1023 following penalties: 1024 (a) Denial of an application for a certificate or for an 1025 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 42 of 44 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 administrative or supervisory endorsement on a teaching 1026 certificate. The denial may provide that the applicant may not 1027 reapply for certification, and that the department may refuse to 1028 consider that applicant's application, for a specified period of 1029 time or permanently. 1030 (b) Revocation or suspension of a certificate. 1031 (c) Imposition of an administrative fine not to exceed 1032 $2,000 for each count or separate offense. 1033 (d) Placement of the teacher, administrator, or supervisor 1034 on probation for a period of time and subject to such conditions 1035 as the commission may specify, including requiring the certified 1036 teacher, administrator, or supervisor to complete additional 1037 appropriate college courses or work with another certified 1038 educator, with the administrative costs of monitoring the 1039 probation assessed to the educator placed on probation. An 1040 educator who has been placed on probation shall, at a minimum: 1041 1. Immediately notify the investigative office in the 1042 Department of Education upon employment or separation from 1043 employment in any public or private position requiring a Florida 1044 educator's certificate. 1045 2. Have his or her immediate supervisor submit annual 1046 performance reports to the investigative office in the 1047 Department of Education. 1048 3. Pay to the commission within the first 6 months of each 1049 probation year the administrative costs of monitoring probation 1050 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 43 of 44 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 assessed to the educator. 1051 4. Violate no law and fully comply with all district 1052 school board policies, school rules, and State Board of 1053 Education rules. 1054 5. Satisfactorily perform his or her assigned duties in a 1055 competent, professional manner. 1056 6. Bear all costs of complying with the terms of a final 1057 order entered by the commission. 1058 (e) Restriction of the authorized scope of practice of the 1059 teacher, administrator, or supervisor. 1060 (f) Reprimand of the teacher, administrator, or supervisor 1061 in writing, with a copy to be placed in the certification file 1062 of such person. 1063 (g) Imposition of an administrative sanction, upon a 1064 person whose teaching certificate has expired, for an act or 1065 acts committed while that person possessed a teaching 1066 certificate or an expired certificate subject to late renewal, 1067 which sanction bars that person from applying for a new 1068 certificate for a period of 10 years or less, or permanently. 1069 (h) Refer the teacher, administrator, or supervisor to the 1070 recovery network program provided in s. 1012.798 under such 1071 terms and conditions as the commission may specify. 1072 (i) Direct the department to place instructional personnel 1073 or school administrators on the disqualification list maintained 1074 by the department pursuant to s. 1001.10(4)(b) for conduct that 1075 HB 225 2023 CODING: Words stricken are deletions; words underlined are additions. hb0225-00 Page 44 of 44 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 would render the person ineligible pursuant to s. 1012.315 or 1076 sexual misconduct with a student. 1077 1078 The penalties imposed under this subsection are in addition to, 1079 and not in lieu of, the penalties required for a third 1080 recruiting offense pursuant to s. 1006.20(3)(b) s. 1081 1006.20(2)(b). 1082 Section 13. This act shall take effect July 1, 2023. 1083

ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 1 of 19 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 1 An act relating to interscholastic activities; 2 amending s. 1002.20, F.S.; authorizing charter school 3 students and Florida Virtual School full-time students 4 to participate in extracurricular activities at a 5 private school under certain circumstances; amending 6 s. 1002.33, F.S.; authorizing charter school students 7 to participate in interscholastic extracurricular 8 activities at a private school under certain 9 circumstances; amending s. 1006.15, F.S.; authorizing 10 charter school students and Florida Virtual School 11 full-time program students to participate in 12 interscholastic extracurricular activities at private 13 schools under certain circumstances; authorizing 14 traditional public school students to participate in 15 interscholastic and intrascholastic activities at 16 certain schools; revising the requirements for 17 students to participate in such activities; revising 18 requirements related to private school students 19 participating at a Florida High School Athletic 20 Association (FHSAA)-member school; providing for the 21 continued participation in such activities by certain 22 students who transfer from a public school; amending 23 s. 1006.195, F.S.; conforming a cross-reference; 24 amending s. 1006.20, F.S.; requiring the FHSAA to 25 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 2 of 19 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 allow any school that joins the organization by sport 26 to participate in the championship contest or series 27 of contests for that sport; providing that the 28 Commissioner of Education may direct the FHSAA to 29 revise its bylaws at any time; requiring that any 30 changes to the FHSAA bylaws be ratified by the State 31 Board of Education; deleting a requirement that the 32 appointing authority of members of the FHSAA Board of 33 Directors make appointments that reflect the 34 demographic and population trends of this state; 35 revising the composition of the board of directors; 36 providing that all appointed board members be 37 appointed by the Governor and confirmed by the Senate; 38 requiring that the hiring of the FHSAA executive 39 director and the budget adopted by the board of 40 directors be ratified by the State Board of Education; 41 requiring a majority vote of the board of directors 42 for the approval of legislative recommendations from 43 the representative assembly; creating s. 1006.185, 44 F.S.; requiring each approved athletic association 45 whose membership includes public schools to allow each 46 participating school to make opening remarks at 47 certain athletic contests; providing requirements for 48 the remarks; providing an effective date. 49 50 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 3 of 19 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 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Paragraphs (c) and (d) of subsection (18) of 53 section 1002.20, Florida Statutes, are amended to read: 54 1002.20 K-12 student and parent rights.—Parents of public 55 school students must receive accurate and timely information 56 regarding their child's academic progress and must be informed 57 of ways they can help their child to succeed in school. K-12 58 students and their parents are afforded numerous statutory 59 rights including, but not limited to, the following: 60 (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the 61 provisions of s. 1006.15: 62 (c) Charter school students.—Charter school students who 63 meet specified academic and conduct requirements are eligible to 64 participate in extracurricular activities at the public school 65 to which the student would be assigned or could choose to attend 66 according to district school board policies, or may develop an 67 agreement to participate at a private school, unless such 68 activity is provided by the student's charter school. 69 (d) Florida Virtual School full-time students.—Florida 70 Virtual School full-time students who meet specified academic 71 and conduct requirements are eligible to participate in 72 extracurricular activities at the public school to which the 73 student would be assigned or could choose to attend according to 74 district school board policies, or may develop an agreement to 75 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 4 of 19 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 participate at a private school. 76 Section 2. Subsection (11) of section 1002.33, Florida 77 Statutes, is amended to read: 78 1002.33 Charter schools.— 79 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR 80 ACTIVITIES.—A charter school student is eligible to participate 81 in an interscholastic extracurricular activity at the public 82 school to which the student would be otherwise assigned to 83 attend, or may develop an agreement to participate at a private 84 school, pursuant to s. 1006.15(3)(d). 85 Section 3. Present paragraph (h) of subsection (3) of 86 section 1006.15, Florida Statutes, is redesignated as paragraph 87 (i), and a new paragraph (h) is added to that subsection, 88 subsection (10) is added to that section, and paragraphs (d) and 89 (e) of subsection (3) and subsection (8) of that section are 90 amended, to read: 91 1006.15 Student standards for participation in 92 interscholastic and intrascholastic extracurricular student 93 activities; regulation.— 94 (3) 95 (d) An individual charter school student pursuant to s. 96 1002.33 is eligible to participate at the public school to which 97 the student would be assigned according to district school board 98 attendance area policies or which the student could attend, or 99 may develop an agreement to participate at a private school, in 100 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 5 of 19 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 any interscholastic extracurricular activity of that school, 101 unless such activity is provided by the student's charter 102 school, if the following conditions are met: 103 1. The charter school student must meet the requirements 104 of the charter school education program as determined by the 105 charter school governing board. 106 2. During the period of participation at a school, the 107 charter school student must demonstrate educational progress as 108 required in paragraph (b). 109 3. The charter school student must meet the same residency 110 requirements as other students in the school at which he or she 111 participates. 112 4. The charter school student must meet the same standards 113 of acceptance, behavior, and performance that are required of 114 other students in extracurricular activities. 115 5. The charter school student must register with the 116 school his or her intent to participate in interscholastic 117 extracurricular activities as a representative of the school 118 before participation. A charter school student must be able to 119 participate in curricular activities if that is a requirement 120 for an extracurricular activity. 121 6. A student who transfers from a charter school program 122 to a traditional public school before or during the first 123 grading period of the school year is academically eligible to 124 participate in interscholastic extracurricular activities during 125 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 6 of 19 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 the first grading period if the student has a successful 126 evaluation from the previous school year, pursuant to 127 subparagraph 2. 128 7. Any public school or private school student who has 129 been unable to maintain academic eligibility for participation 130 in interscholastic extracurricular activities is ineligible to 131 participate in such activities as a charter school student until 132 the student has successfully completed one grading period in a 133 charter school pursuant to subparagraph 2. to become eligible to 134 participate as a charter school student. 135 (e) A student of the Florida Virtual School full-time 136 program may participate in any interscholastic extracurricular 137 activity at the public school to which the student would be 138 assigned according to district school board attendance area 139 policies or which the student could choose to attend pursuant to 140 s. 1002.31, or may develop an agreement to participate at a 141 private school, if the student: 142 1. During the period of participation in the 143 interscholastic extracurricular activity, meets the requirements 144 in paragraph (a). 145 2. Meets any additional requirements as determined by the 146 board of trustees of the Florida Virtual School. 147 3. Meets the same residency requirements as other students 148 in the school at which he or she participates. 149 4. Meets the same standards of acceptance, behavior, and 150 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 7 of 19 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 performance that are required of other students in 151 extracurricular activities. 152 5. Registers his or her intent to participate in 153 interscholastic extracurricular activities with the school 154 before participation. A Florida Virtual school student must be 155 able to participate in curricular activities if that is a 156 requirement for an extracurricular activity. 157 (h) An individual traditional public school student who is 158 otherwise eligible to participate in interscholastic 159 extracurricular activities may either participate in any such 160 activity at any public school in the school district in which 161 the student resides or develop an agreement to participate in 162 such activity at a private school, unless the activity is 163 provided by the student's traditional public school. Such 164 student must: 165 1. Meet the same standards of acceptance, behavior, and 166 performance that are required of other students in 167 extracurricular activities at the school at which the student 168 wishes to participate. 169 2. Before participation, register with the school his or 170 her intent to participate in interscholastic extracurricular 171 activities as a representative of the school. The student must 172 be able to participate in curricular activities if that is a 173 requirement for an extracurricular activity. 174 (8)(a) The Florida High School Athletic Association 175 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 8 of 19 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 (FHSAA) shall, in cooperation with each district school board 176 and its member private schools, shall facilitate a program in 177 which a middle school or high school student who attends a 178 private school is shall be eligible to participate in an 179 interscholastic or intrascholastic sport at a member public high 180 school, a member public middle school, or a member 6-12 public 181 school, or a member private school, as appropriate for the 182 private school student's grade level to which the student would 183 be assigned according to district school board attendance area 184 policies and procedures or which the student could choose to 185 attend pursuant to s. 1002.31, provided the public school has 186 not reached capacity as determined by the district school board, 187 if: 188 1. The private school in which the student is enrolled is 189 not a member of the FHSAA. 190 2. The private school student meets the guidelines for the 191 conduct of the program established by the FHSAA's board of 192 directors and the district school board or member private 193 school. At a minimum, such guidelines must shall provide: 194 a. a deadline for each sport by which the private school 195 student's parents must register with the member public school in 196 writing their intent for their child to participate at that 197 school in the sport. 198 b. Requirements for a private school student to 199 participate, including, but not limited to, meeting the same 200 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 9 of 19 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 standards of eligibility, acceptance, behavior, educational 201 progress, and performance which apply to other students 202 participating in interscholastic or intrascholastic sports at a 203 public school or FHSAA member private school. 204 (b) The parents of a private school student participating 205 in a member public school sport under this subsection are 206 responsible for transporting their child to and from the member 207 public school at which the student participates. The private 208 school the student attends, the member public school at which 209 the student participates in a sport, the district school board, 210 and the FHSAA are exempt from civil liability arising from any 211 injury that occurs to the student during such transportation. 212 (c) For each academic year, a private school student may 213 only participate at the member public school in which the 214 student is first registered under subparagraph (a)2. sub- 215 subparagraph (a)2.a. or makes himself or herself a candidate for 216 an athletic team by engaging in a practice. 217 (d) The athletic director of each participating FHSAA 218 member public school shall maintain the student records 219 necessary for eligibility, compliance, and participation in the 220 program. 221 (e) Any non-FHSAA member private school that has a student 222 who wishes to participate in this program must make all student 223 records, including, but not limited to, academic, financial, 224 disciplinary, and attendance records, available upon request of 225 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 10 of 19 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 the FHSAA. 226 (f) A student must apply to participate in this program 227 through the FHSAA program application process. 228 (g) Only students who are enrolled in non-FHSAA member 229 private schools consisting of 200 125 students or fewer are 230 eligible to participate in the program in any given academic 231 year. 232 (10) A student who participates in an interscholastic or 233 intrascholastic activity at a public school and who transfers 234 from that school during the school year must be allowed to 235 continue to participate in the activity at that school for the 236 remainder of the school year if: 237 (a) During the period of participation in the activity, 238 the student continues to meet the requirements specified in 239 paragraph (3)(a). 240 (b) The student continues to meet the same standards of 241 acceptance, behavior, and performance which are required of 242 other students participating in the activity, except for 243 enrollment requirements at the school at which the student 244 participates. 245 (c) The parents of the student participating in the 246 activity provide for the transportation of the student to and 247 from the school at which the student participates. The school 248 the student attends, the school at which the student 249 participates in the activity, and the district school board are 250 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 11 of 19 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 exempt from civil liability arising from any injury that occurs 251 to the student during such transportation. 252 Section 4. Paragraph (a) of subsection (1) of section 253 1006.195, Florida Statutes, is amended to read: 254 1006.195 District school board, charter school authority 255 and responsibility to establish student eligibility regarding 256 participation in interscholastic and intrascholastic 257 extracurricular activities.—Notwithstanding any provision to the 258 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 259 eligibility to participate in interscholastic and 260 intrascholastic extracurricular activities: 261 (1)(a) A district school board must establish, through its 262 code of student conduct, student eligibility standards and 263 related student disciplinary actions regarding student 264 participation in interscholastic and intrascholastic 265 extracurricular activities. The code of student conduct must 266 provide that: 267 1. A student not currently suspended from interscholastic 268 or intrascholastic extracurricular activities, or suspended or 269 expelled from school, pursuant to a district school board's 270 suspension or expulsion powers provided in law, including ss. 271 1006.07, 1006.08, and 1006.09, is eligible to participate in 272 interscholastic and intrascholastic extracurricular activities. 273 2. A student may not participate in a sport if the student 274 participated in that same sport at another school during that 275 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 12 of 19 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 school year, unless the student meets the criteria in s. 276 1006.15(3)(i) s. 1006.15(3)(h). 277 3. A student's eligibility to participate in any 278 interscholastic or intrascholastic extracurricular activity may 279 not be affected by any alleged recruiting violation until final 280 disposition of the allegation pursuant to s. 1006.20(2)(b). 281 Section 5. Subsection (1), paragraph (a) of subsection 282 (2), paragraphs (a) and (e) of subsection (4), paragraphs (a) 283 and (h) of subsection (5), paragraph (b) of subsection (6), and 284 subsection (8) of section 1006.20, Florida Statutes, are amended 285 to read: 286 1006.20 Athletics in public K-12 schools.— 287 (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High 288 School Athletic Association (FHSAA) is designated as a the 289 governing nonprofit organization of athletics in Florida public 290 schools. If the FHSAA fails to comply with meet the provisions 291 of this section, the commissioner must shall designate a 292 nonprofit organization to govern athletics with the approval of 293 the State Board of Education. The FHSAA is not a state agency as 294 defined in s. 120.52. The FHSAA is shall be subject to the 295 provisions of s. 1006.19. A private school that wishes to engage 296 in high school athletic competition with a public high school 297 may become a member of the FHSAA. Any high school in this the 298 state, including charter schools, virtual schools, and home 299 education cooperatives, may become a member of the FHSAA and 300 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 13 of 19 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 participate in the activities of the FHSAA;. however, membership 301 in the FHSAA is not mandatory for any school. The FHSAA shall 302 must allow a private school the option of maintaining full 303 membership in the association or joining by sport and may not 304 discourage a private school from simultaneously maintaining 305 membership in another athletic association. The FHSAA shall 306 allow any school joining by sport to participate in the 307 championship contest or series of contests for that sport may 308 allow a public school the option to apply for consideration to 309 join another athletic association. The FHSAA may not deny or 310 discourage interscholastic competition between its member 311 schools and non-FHSAA member Florida schools, including members 312 of another athletic governing organization, and may not take any 313 retributory or discriminatory action against any of its member 314 schools that participate in interscholastic competition with 315 non-FHSAA member Florida schools. The FHSAA may not unreasonably 316 withhold its approval of an application to become an affiliate 317 member of the National Federation of State High School 318 Associations submitted by any other organization that governs 319 interscholastic athletic competition in this state. The bylaws 320 of the FHSAA are the rules by which high school athletic 321 programs in its member schools, and the students who participate 322 in them, are governed, unless otherwise specifically provided by 323 statute. For the purposes of this section, the term "high 324 school" includes grades 6 through 12. 325 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 14 of 19 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 (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.— 326 (a) The FHSAA shall adopt bylaws that, unless specifically 327 provided otherwise by statute, establish eligibility 328 requirements for all students who participate in high school 329 athletic competition in its member schools. The bylaws governing 330 residence and transfer must shall allow the student to be 331 immediately eligible in the school in which he or she first 332 enrolls each school year or the school in which the student 333 makes himself or herself a candidate for an athletic team by 334 engaging in a practice before prior to enrolling in the school. 335 The bylaws must shall also allow the student to be immediately 336 eligible in the school to which the student has transferred. The 337 student remains shall be eligible in that school so long as he 338 or she remains enrolled in that school. Subsequent eligibility 339 must shall be determined and enforced through the FHSAA's 340 bylaws. Requirements governing eligibility and transfer between 341 member schools must shall be applied similarly to public school 342 students and private school students. The commissioner may 343 direct the FHSAA to revise its bylaws at any time. 344 1. Any changes to the FHSAA's bylaws must be ratified by 345 the State Board of Education. 346 2. A bylaw adopted by the FHSAA board of directors may not 347 take effect until it is ratified by the State Board of 348 Education. 349 (4) BOARD OF DIRECTORS.— 350 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 15 of 19 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 (a) The executive and legislative authority of the FHSAA 351 is shall be vested in its board of directors, which is. Any 352 entity that appoints members to the board of directors shall 353 examine the ethnic and demographic composition of the board when 354 selecting candidates for appointment and shall, to the greatest 355 extent possible, make appointments that reflect state 356 demographic and population trends. The board of directors shall 357 be composed of 13 members, eight of whom are appointed by the 358 Governor and confirmed by the Senate 16 persons, as follows: 359 1. Two public member school representatives elected from 360 among its public school representative members. Each elected 361 representative must be from a different administrative region. 362 2. Two nonpublic member school representatives elected 363 from among its nonpublic school representative members. Each 364 elected representative must be from a different administrative 365 region that are also different from the public member school 366 representatives elected under subparagraph 1. 367 3.1. Two Four public member school representatives 368 appointed from different administrative regions, one elected 369 from among its public school representative members within each 370 of the four administrative regions. 371 4.2. Two Four nonpublic member school representatives 372 appointed from different administrative regions that are also 373 different than those represented by the public member school 374 representatives appointed under subparagraph 3., one elected 375 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 16 of 19 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 from among its nonpublic school representative members within 376 each of the four administrative regions. 377 5.3. Two Three representatives appointed by the 378 commissioner, one appointed from the two northernmost 379 administrative regions and one appointed from the two 380 southernmost administrative regions. The third representative 381 shall be appointed to balance the board for diversity or state 382 population trends, or both. 383 6.4. One Two district school superintendent appointed 384 superintendents, one elected from the two northernmost 385 administrative region regions by the members in those regions 386 and one elected from the two southernmost administrative regions 387 by the members in those regions. 388 7.5. One Two district school board member appointed 389 members, one elected from the two northernmost administrative 390 regions by the members in those regions and one elected from the 391 two southernmost administrative region regions by the members in 392 those regions. 393 8.6. The commissioner or his or her designee from the 394 department executive staff. 395 (e) The authority and duties of the board of directors, 396 acting as a body and in accordance with the FHSAA's bylaws, are 397 as follows: 398 1. To act as the incorporated FHSAA's board of directors 399 and to fulfill its obligations as required by the FHSAA's 400 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 17 of 19 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 charter and articles of incorporation. 401 2. To establish such guidelines, regulations, policies, 402 and procedures as are authorized by the bylaws. 403 3. To employ an FHSAA executive director, who has shall 404 have the authority to waive the bylaws of the FHSAA in order to 405 comply with statutory changes. The hiring of the executive 406 director must be ratified by the State Board of Education. 407 4. To levy annual dues and other fees and to set the 408 percentage of contest receipts to be collected by the FHSAA. 409 5. To approve the budget of the FHSAA. The budget adopted 410 by the board of directors must be ratified by the State Board of 411 Education. 412 6. To organize and conduct statewide interscholastic 413 competitions, which may or may not lead to state championships, 414 and to establish the terms and conditions for these 415 competitions. 416 7. To act as an administrative board in the interpretation 417 of, and final decision on, all questions and appeals arising 418 from the directing of interscholastic athletics of member 419 schools. 420 8. To approve, reject, or amend any legislative 421 recommendations from the representative assembly. Approval of 422 such recommendations requires a majority vote of the board. 423 (5) REPRESENTATIVE ASSEMBLY.— 424 (a) The legislative authority of the FHSAA is vested in 425 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 18 of 19 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 its representative assembly may make legislative recommendations 426 to the board of directors. 427 (h) Other than making legislative recommendations as 428 authorized by paragraph (a), the authority of the representative 429 assembly is limited to its sole duty, which is to consider, 430 adopt, or reject any recommended proposed amendments to the 431 FHSAA's bylaws. 432 (6) PUBLIC LIAISON ADVISORY COMMITTEE.— 433 (b) A No member of the board of directors or the, 434 committee on appeals may not, or representative assembly is 435 eligible to serve on the public liaison advisory committee. 436 (8) AMENDMENT OF BYLAWS.—Each member school 437 representative, the board of directors acting as a whole or as 438 members acting individually, any advisory committee acting as a 439 whole to be established by the FHSAA, the commissioner, and the 440 FHSAA's executive director may are empowered to propose 441 amendments to the bylaws. Any other individual may propose an 442 amendment by securing the sponsorship of any such of the 443 aforementioned individuals or bodies. All proposed amendments 444 must be submitted directly to the representative assembly for 445 its consideration. The representative assembly shall provide a 446 recommendation to the board of directors to either adopt, 447 reject, or revise any proposed amendments, while empowered to 448 adopt, reject, or revise proposed amendments, may not, in and of 449 itself, as a body be allowed to propose any amendment for its 450 ENROLLED CS/CS/HB 225, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0225-04-er Page 19 of 19 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 own consideration. 451 Section 6. Section 1006.185, Florida Statutes, is created 452 to read: 453 1006.185 Opening remarks at high school athletic 454 contests.—Each athletic association designated under s. 1006.20 455 whose membership includes public schools shall adopt bylaws, 456 policies, or procedures that provide each school participating 457 in a high school championship contest or series of contests 458 under the direction and supervision of the association the 459 opportunity to make brief opening remarks, if requested by the 460 school, using the public address system at the event. Such 461 remarks may not be longer than 2 minutes per participating 462 school. The athletic association may not control, monitor, or 463 review the content of the opening remarks and may not control 464 the school's choice of speaker. Member schools may not provide 465 remarks that are derogatory, rude, or threatening. Before the 466 opening remarks, an announcement must be made that the content 467 of any opening remarks by a participating school is not endorsed 468 by and does not reflect the views and or opinions of the 469 athletic association. The decision to allow opening remarks 470 before regular season contests is at the discretion of each 471 school. 472 Section 7. This act shall take effect July 1, 2023. 473