943.0438 Athletic coaches for independent sanctioning authorities. - Florida Statutes

943.0438 Athletic coaches for independent sanctioning authorities.

   (1) As used in this section, the term:

   (a) “Athletic coach” means a person who:

   1. Is authorized by an independent sanctioning authority to work for 20 or more hours within a calendar year, whether for compensation or as a volunteer, for a youth athletic team based in this state; and

   2. Has direct contact with one or more minors on the youth athletic team.

   (b) “Independent sanctioning authority” means a private, nongovernmental entity that organizes, operates, or coordinates a youth athletic team in this state if the team includes one or more minors and is not affiliated with a private school as defined in s. 1002.01.

   (2) An independent sanctioning authority shall:

   (a)1. Conduct a background screening of each current and prospective athletic coach. No person shall be authorized by the independent sanctioning authority to act as an athletic coach after July 1, 2010, unless a background screening has been conducted and did not result in disqualification under paragraph (b). Background screenings shall be conducted annually for each athletic coach. For purposes of this section, a background screening shall be conducted with a search of the athletic coach’s name or other identifying information against state and federal registries of sexual predators and sexual offenders, which are available to the public on Internet sites provided by:

   a. The Department of Law Enforcement under s. 943.043; and

   b. The Attorney General of the United States under 42 U.S.C. s. 16920.

   2. For purposes of this section, a background screening conducted by a commercial consumer reporting agency in compliance with the federal Fair Credit Reporting Act using the identifying information referenced in subparagraph 1. and that includes searching that information against the sexual predator and sexual offender Internet sites listed in sub-subparagraphs 1.a. and b. shall be deemed in compliance with the requirements of this section.

   (b) Disqualify any person from acting as an athletic coach if he or she is identified on a registry described in paragraph (a).

   (c) Provide, within 7 business days following the background screening under paragraph (a), written notice to a person disqualified under this section advising the person of the results and of his or her disqualification.

   (d) Maintain documentation of:

   1. The results for each person screened under paragraph (a); and

   2. The written notice of disqualification provided to each person under paragraph (c).

   (3) In a civil action for the death of, or injury or damage to, a third person caused by the intentional tort of an athletic coach that relates to alleged sexual misconduct by the athletic coach, there is a rebuttable presumption that the independent sanctioning authority was not negligent in authorizing the athletic coach if the authority complied with the background screening and disqualification requirements of subsection (2) prior to such authorization.

   (4) The Legislature encourages independent sanctioning authorities for youth athletic teams to participate in the Volunteer and Employee Criminal History System, as authorized by the National Child Protection Act of 1993 and s. 943.0542.

History. s. 1, ch. 2010-94.