2015 Compliance Seminar Legislative Process Linda D. Robertson Associate Executive Director for Business
2015 Florida Legislative Session • Understanding Process • What Could Have Been • Quotes & Observations • What’s Next? Florida High School Athletic Association
2015 Legislative Process DISCLAIMER This presentation summarizes complex and multi-faceted legislative action that took place in 2015 concerning the FHSAA. It is from the view of FHSAA staff trying to follow an ever changing landscape of politics. For detailed language in the bills, refer to the proposed legislation on the Florida Legislature’s website. www. leg. state. fl. us Florida High School Athletic Association
2015 Legislative Process Florida’s Legislative Calendar 2015 Bill filing deadline March 3 60 day Session - March 3 rd - May 1 st. Cross over deadline April 27 (bills must have passed all committees) Next Year: Committee begin meeting - December, 2015 Bill filing deadline – January 12, 2016 Session dates – January 12 – March 11, 2016 Florida High School Athletic Association
2015 Legislative Process “Textbook” version of how a Bill becomes law: 1. Senator/Representative sponsors a bill. 2. Sponsor seeks a matching bill from the other chamber 3. Proposed bill goes to appropriate committees to approve Florida High School Athletic Association
2015 Legislative Process “Textbook” version of how a Bill becomes law: 4. The bill passes each assigned committee before proceeding to the next committee. 5. After committees approve, it goes to entire chamber for a vote. 6. After passing one chamber, it moves to the other chamber for vote (Senate must pass it’s own version as well as the House version). Florida High School Athletic Association
2015 Legislative Process “Textbook” version of how a Bill becomes law: 7. If the bill(s) of similar topic pass both chambers, it is sent to Governor. 8. If Governor signs, it becomes law. 9. If Governor vetos, it fails UNLESS both Senate and House overturn the veto by 2/3 majority vote. Florida High School Athletic Association
2015 Legislative Process The Reality Bill filing deadline March 3 – Can’t assume “safe” if nothing filed by deadline Amendments to other bills may pick up a subject you are tracking – through the ENTIRE process – May 1 st Cross over deadline April 27 (for committees to pass bills)– Can’t assume “safe” if bill you are tracking hasn’t passed committee by deadline (April 27) Committee deadlines can be extended by President or Speaker Florida High School Athletic Association
2015 Legislative Process The Reality Session ends May 1 Can’t assume “safe” if nothing passed by session end date Special Sessions may extend the session! Topics to be considered during Special Session may or may not be limited When is a Bill Dead? If a bill does not make it through entire process to reach the Governor by June 30 – it dies, and it is not carried over to the next year Florida High School Athletic Association
2015 Legislative Process The Reality Following Legislation is difficult Any committee can amend a bill – making it vastly different Any legislator can ask for a “strike all” – which replaces the original bill with entirely new text – this can take place all the way to April 27 Any committee can adopt bills that have failed another committees by amending another bill that is succeeding in their committee and adding language from the failing bill Anything can happen on the floor of Senate and House Amend – the bill itself; Amend another bill to add another topic (creation of “trains” where one bill has multiple topics) Florida High School Athletic Association
2015 Legislative Process Textbook Version Committees are designed to properly “vet” all proposed changes to law. Chairman determines the agenda and determines whether or not to schedule a proposed bill for committee vote. All meetings are subject to public notice -agenda and materials to be acted upon must be available to the public at least 24 hours prior. Florida High School Athletic Association
2015 Legislative Process The Reality Following Legislation is difficult Bills are not always directed to “expected” committee Agendas and materials are not always posted 24 hours in advance “Strike all’s” can take place without publicly posted materials – members may be seeing it for the first time and public may be “blinded” prior to meeting Florida High School Athletic Association
2015 Legislative Process Legislative Committees: pk-12 education bills typically go through: 1. pk-12 Education committee 2. Education Appropriations Committee 3. General Appropriations Committee SB 948 was routed to Higher Education Committee (college/university) In prior years, similar House bills have been directed to “Choice & Innovation Committee” rather than pk-12 Education Florida High School Athletic Association
2015 Legislative Process January-February: House Education Committee chaired by Marlene O’Toole (R) from Lady Lake Conducted a study, dedicating 4 weeks of session to FHSAA. Members polled Superintendents; Athletic Directors/Coaches; and Parents/Students; Invited FHSAA to respond to the committee Florida High School Athletic Association
Florida High School Athletic Association
2015 Legislative Process March 27, 2015 - Committee Bill HB 7137 – sponsored by Rep. Manny Diaz (Republican - Miami-Dade) Far reaching, all encompassing, major changes in eligibility, due process, and governance – eliminated FHSAA – was later amended to put FHSAA back into language Florida High School Athletic Association
2015 Legislative Process House Ed Committee comments: FHSAA has not stayed in tune with the times and changing family units and the movement toward educational choice FHSAA has been too slow to give students appeal decisions and needs to allow for more impartial hearings FHSAA needs to conform to suggested changes or be replaced with a new, state-selected nonprofit organization. Florida High School Athletic Association
2015 Legislative Process HB 7137 – did not have to go through additional committees – since it was a committee bill. It was sent directly to the Speaker of House and passed on the floor of the House of Representative by a vote of 86 -29 on April 22. Bill was sent to the Senate for adoption May 1 st –died at end of session without Senate action Florida High School Athletic Association
2015 Legislative Process Meanwhile, on the Senate Side: February: Senator Kelli Stargel (Republican – Polk County) sponsored SB 948, viewed as slightly more moderate than HB 7137. March: Passed Higher Education Committee 9 -0 April 8: Passed Subcommittee on Ed Appropriations 50 April 21: Passed Appropriations Committee 17 -2 May 1: Died on Senate Calendar Florida High School Athletic Association
Florida High School Athletic Association
Tracking SB 948 – became difficult April 21 – Appropriations Committee (time running out with April 27 deadline looming for bills to clear committees) SB 948 was not advertised on agenda. SB 1480 (by Sen. Gaetz) concerning higher education (college) was on agenda. Senator Joe Negron amended SB 1480 to include all of SB 948 was passed as SB 1480. The “strike all” was distributed 30 minutes prior to the meeting. Florida High School Athletic Association
2015 was a difficult session for FHSAA $165, 000 spent on lobbyists to keep up with the bills Executive Director made presentation to House Education Committee Staff and others opposing the bill traveled numerous times to Tallahassee during session to try and correct misunderstandings Met with defeat on every vote Only close vote was in Senate Higher Education 6 to 5 Florida High School Athletic Association
2015 Legislative Process Legislator’s beliefs (Senate and House) were split along party lines Republicans wanting freedom of choice for athletics without barriers and faster due process with independent 3 rd party. Students/Parents have “right” to choose a school for athletics. Democrats defending fair play, school loyalty, academics first, athletics are a privilege. Both parties agreed recruiting is wrong, harmful to students and should be dealt with harshly Florida High School Athletic Association
2015 Legislative Process Legislator’s wanting change in FHSAA were tenacious about moving their bills along House Education Committee spent 4 weeks on FHSAA before entertaining any education topics. Created a committee bill to “fast track” to the floor of House. Senate used Higher Education committee to pass the bill. Then, used a different higher education bill to “attach” the FHSAA language when the original bill was stalling. Florida High School Athletic Association
2015 Legislative Process Common Threads… Information being used and “stories” being told were outdated (some 10 to 15 years old) Lack of awareness about FHSAA changes in last 5 years FHSAA not moving fast enough or seen as not moving at all toward recognizing changing student conditions Florida High School Athletic Association
2015 Legislative Process A look at the major topics of proposed legislation Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility TRANSFERS - Allow transfers or enrollment for any reason without impacting eligibility. SB 948: “A student who transfers during the school year is eligible in the school to which he or she transfers. ” Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility TRANSFERS - Extended deadline for transfers, allowing transfers to a new school following participation in practice that takes place prior to enrolling in a new school. Both Bills: “Transfer deadlines may not be before the first day of grading period if practice begins before that date” Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility TRANSFERS – Students participation in non-school athletics can not be barrier to eligibility. SB 948: “A student may not be declared ineligible to participate in athletics based upon a violation of the association’s recruitment policy or otherwise because the student participated on a non-school team or non-school team affiliated with the school in which the student ultimately enrolls” Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility TRANSFERS – Intent of Proposed Language Follow the coach (or coach follow the student) would not be reason for ineligibility, whether coach was a school or non-school activity coach Full and complete move would no longer apply If school accepts you, you are eligible as long as meet proposed new deadline (1 st day of grading period rather than before 1 st day of practice). Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility ATTEND ONE SCHOOL, PLAY AT ANOTHER. Allow students who attend a public school that does not offer their sport to play at another public school Both Bills: “A public school student is eligible to participate in an extracurricular activity that is not offered by the student’s school. Participation may occur at any public school in the school district in which the student resides…” Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility CHOICE BASED ON ATHLETICS IS OK - Allow students to choose a school based on athletics. “Policies governing student eligibility for extracurricular activities should not impede parental school choice. ” Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility SET LIMITS ON HOW STUDENT CAN BE INELIGIBLEONLY ways a student may be declared ineligible. Both Bills included: Failure to maintain GPA Falsification of documents Student or Parent accepts impermissible benefit Flagrant unsportsmanlike conduct Exceeds 4 year maximum eligibility Doesn’t pass medical exam Student forfeits amateur status Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility LIMITS ON HOW STUDENT CAN BE INELIGIBLEPrescribed list of the ONLY ways a student may be declared ineligible. Both Bills lists did not include: Following the coach Failure to make full and complete move Age (most likely inadvertently left out) Florida High School Athletic Association
SB 948 & HB 7137 Student Eligibility APPEALS – Speeding up due process, providing independent 3 rd Party, eliminating student travel Senate kept current process, required it to be complete in 30 days, and added a 3 rd Party Arbitration following any unfavorable FHSAA appeals decision. Permitted video conferencing. House tossed out current process (eliminated Sectional Appeals and Board appeals) – replaced with 10 day informal followed by Independent Hearing Officer – all to be held in county where student resides. Permitted video conferencing. Florida High School Athletic Association
SB 948 & HB 7137 Governance Items Removed school district and private school authority to make more restrictive rules governing transfers and eligibility: “A district school board or private school may not establish policies regarding transfer student eligibility for extracurricular activities which are more stringent than the policies established by the nonprofit association. ” (and FHSAA policies are restricted by this bill) Florida High School Athletic Association
SB 948 & HB 7137 Governance Items Eliminated current Board of Directors and Representative Assembly effective July 1, replaced with: “The governing board of the FHSAA shall consist of 16 members……from traditional public schools, public schools of choice, private schools, home education cooperatives, and parents of student athletes who are enrolled in such schools or programs. . . ” Florida High School Athletic Association
SB 948 & HB 7137 Finance Items Set caps on corporate 3 rd party event fees, sanction fees and share of gate that FHSAA can collect “…fee may not exceed its actual costs to perform the function or duty that is the subject of or justification for the fee. ” Florida High School Athletic Association
SB 948 & HB 7137 Finance Items Prescribed how FHSAA must offer tickets to events “The FHSAA shall offer a spectator seeking admission to athletic competitions the option of purchasing a singleday pass or a multiple-day pass that is at a cost below that which the spectator would pay on a per-event basis for the same number of contests. ” Florida High School Athletic Association
SB 948 & HB 7137 Finance Items Required a sportsmanship/ethics training at expense of FHSAA & Schools (HB 7137) “The FHSAA shall adopt guidelines, provide resources, and develop a training course to promote sportsmanship and ethical conduct in interscholastic athletics and require each member school to: 1. 2. 3. Establish policies to promote sportsmanship. . . Educate on a continuing basis, student athletes, coaches, administrators… Annually administer and certify compliance…” Florida High School Athletic Association
SB 948 & HB 7137 Finance & Governance Items Required 3 year operational audit by State Auditor General (which FHSAA would have to pay for) – in addition to current annual CPA audits. “At least every 3 years, the Auditor General shall conduct an operation audit of the accounts and records of each non-profit association” Florida High School Athletic Association
SB 948 & HB 7137 Threat of extinction “If, at any time, the FHSAA fails to meet the provisions of this law, the commissioner (of Education) shall designate another nonprofit association to govern interscholastic athletics in this state…” Florida High School Athletic Association
Memorable quotes 2015 Legislative Session “Principles of good government dictate that you don’t micromanage and you don’t write laws for one parent. This bill violates both”. . Rep. Hager (he then voted yes for the bill) “I have grave concerns about FHSAA. At first everyone you talk to says “it’s great”, then they lean in and say don’t tell them I said this, but… then the truth comes out. Without exception everyone I spoke to said they are afraid of them. ”…Rep. Eisnaugel Florida High School Athletic Association
Memorable quotes 2015 Legislative Session Senator Don Gaetz (past Senate President) “FHSAA receives ALL revenues from public funds from public schools, all of its functions are carried out on campuses of public schools” (therefore it is “our” duty to regulate them) “The FHSAA is the Al Qaeda of Florida” “If this bill does not pass, I will be the first one to introduce a bill to eliminate them next year” Florida High School Athletic Association
What to expect in 2016 Bill sponsors have not changed their mind are still in office Legislators looking for change from within FHSAA to address their issues Session is moved up to January (cuts time that FHSAA has to respond amend rules) Comments during 2015 session showed a passion for getting legislation passed, whether in 2015 or 2016 Florida High School Athletic Association
What to expect in 2016 “The members of the legislature, House and Senate, who are concerned about these issues will bring out some kind of a bill next year, ” he said. “How extreme that bill is depends on what kinds of internal changes the Florida High School Athletics Association makes during the next year. ” Senator Don Gaetz May 25, 2015 Northwest Florida Daily News Florida High School Athletic Association
What You Can Do: If agree with Legislation topics – submit rule amendments through Representative Assembly – work for change from within If concerned with proposed Legislation – contact your Legislators, volunteer to serve on FHSAA Legislative Committee, educate your coaches and parents and urge them to get involved by contacting Legislators. Florida High School Athletic Association
What You Can Do: YOU are the FHSAA! Our members set our rules through a democratic process. Should FHSAA amend or defend rules that are target of legislation? Thank You for taking part in survey this morning to help guide your Association! Florida High School Athletic Association
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