The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 308
INTRODUCER: Rules Committee; Education Pre-K - 12 Committee; and Senator Collins and others
SUBJECT: Interscholastic Activities
DATE: March 31, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck ED Fav/CS
2. Jahnke Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 308 amends provisions regarding the Florida High School Athletic Association
(FHSAA) and student participation in interscholastic and intrascholastic extracurricular
activities. Specifically, the bill:
 Requires the Florida High School Athletic Association (FHSAA) to allow a school that joins
the association by sport to participate in the FHSAA championship contest or series for that
sport.
 Places the FHSAA bylaws under the authority of the State Board of Education (SBE).
 Revises the composition of the membership of the FHSAA board of directors from 16 to 9
members, 8 of whom are appointed by the Governor and confirmed by the Senate.
 Authorizes charter school and full-time Florida Virtual School students to develop an
agreement with a private school to allow the student to participate in an interscholastic
extracurricular activity at that private school.
 Authorizes traditional public school students to participate in an interscholastic
extracurricular activity at any public school in the school district in which the student resides,
or to develop an agreement to participate at a private school, unless the activity is provided
by the student’s traditional public school.
 Authorizes a student who transfers from a public school to continue to participate in an
extracurricular activity at that school for the remainder of the school year, subject to
conditions.
BILL: CS/CS/SB 308 Page 2
Additionally, the bill creates s. 1006.185, F.S., requiring approved athletic associations to adopt
bylaws, policies, or procedures allowing opening remarks during high school championship
series contests, with specified conditions for those remarks.
The bill has no impact on state revenues or expenditures.
The bill takes effect on July 1, 2023.
II. Present Situation:
Florida High School Athletic Association
The Florida High School Athletic Association (FHSAA) is statutorily designated as the
governing nonprofit organization for interscholastic athletics for grades 6 through 12 in Florida
public schools.1 Any high school, middle school, or combination school,2 including charter
schools, virtual schools, private schools, and home education cooperatives,3 may become a
member of the FHSAA, but membership in the FHSAA is not mandatory.4 The FHSAA may not
deny or discourage a private school from simultaneously maintaining membership in another
athletic association, and may allow a public school the option of applying for consideration to
join another athletic association.5 The FHSAA is prohibited from denying or discouraging
interscholastic competition between its member schools and non-FHSAA member schools in
Florida and may not take discriminatory or retributory action against a member school that
engages in interscholastic competition with non-FHSAA member schools.6
The FHSAA is required to adopt bylaws regulating student eligibility, recruiting, student safety
and member schools’ interscholastic competition in accordance with applicable law.7 If the
FHSAA fails to meet its obligations and responsibilities, the Commissioner of Education
(commissioner) is directed to designate a nonprofit organization to manage interscholastic
athletics with the approval of the State Board of Education (SBE).8
FHSAA Governance
The FHSAA operates as a representative democracy in which its member schools hold authority,
through their elected representatives, and the FHSAA is governed by its bylaws.9 Each member
1
Section 1006.20(1), F.S.
2
A “combination school” is any school that provides instruction to students in high school and the middle school grades;
elementary, middle or high school grades combined; or elementary and middle grades combined (e.g. K-12; K-8; 6-12; or 7-
12). Florida High School Athletic Association, Bylaws of the Florida High School Athletic Association, Inc., 2022-23
Edition, at Bylaw 3.2.2.3.
3
A “home education cooperative” is a parent-directed group of individual home education students that provides
opportunities for interscholastic athletic competition to those students and may include students in grades 6-12. FHSAA,
supra, note 2, at Bylaw 3.2.2.4.
4
Section 1006.20(1), F.S.
5
Id.
6
Id.
7
Section 1006.20(2), F.S.
8
Section 1006.20(1), F.S.
9
Section 1002.20(3)(a), F.S. See FHSAA, 2022-23 FHSAA Handbook, revised Dec. 13, 2022,
https://fhsaa.com/documents/2022/12/7//2223_handbook_update_December.pdf?id=3768 (last visited Feb. 27, 2023). The
BILL: CS/CS/SB 308 Page 3
school must designate a representative that is either the school principal or athletic director.
FHSAA membership is divided into four administrative regions, with roughly an equal number
of member schools to ensure equitable representation.10
The executive authority of the FHSAA is vested in the board of directors (board).11 The FHSAA
board consists of 16 members, as follows:12
 Four public member school representatives, one elected from among its public school
representative members within each of the four administrative regions.
 Four nonpublic member school representatives, one elected from among its nonpublic school
representative members within each of the four administrative regions.
 Three representatives appointed by the commissioner, one appointed from the two
northernmost administrative regions and one appointed from the two southernmost
administrative regions. The third representative shall be appointed to balance the board for
diversity or state population trends, or both.
 Two district school superintendents, one elected from the two northernmost administrative
regions by the members in those regions and one elected from the two southernmost
administrative regions by the members in those regions.
 Two district school board members, one elected from the two northernmost administrative
regions by the members in those regions and one elected from the two southernmost
administrative regions by the members in those regions.
 The commissioner or his or her designee from the department executive staff.
The legislative authority of the FHSAA is vested in its representative assembly.13 The
membership of the representative assembly is similar to that of the board.14
School Membership in the FHSAA
An accredited school may become a member school of the FHSAA under its eligibility
requirements, which include approval by the school’s governing body and adoption of the
FHSAA bylaws, paying all dues and other fees, maintaining insurance coverage, and election by
the FHSAA board.15
Among other responsibilities, the FHSAA board approves schools or home education
cooperatives for initial and continuing membership in the FHSAA, adopts and amends
administrative regulations for its programs, and serves as the FHSAA’s appellate authority.16
FHSAA Handbook contains the bylaws and administrative procedures, as adopted and amended by the board of directors,
that govern the FHSAA.
10
Section 1006.20(3), F.S.
11
Section 1006.20(4)(a), F.S.
12
Section 1006.20(4)(a)1.-6., F.S.
13
Section 1006.20(5)(a), F.S.
14
Section 1006.20(5)(b), F.S. The specific number of representatives and the method of their selection must be established in
the FHSAA bylaws. Section 1006.20(5)(c), F.S.
15
FHSAA, supra note 2, at Bylaw 3.3.1. Similar qualifications and conditions apply to home education cooperatives seeking
to become members in the FHSAA. FHSAA, supra note 2, at Bylaw 3.3.2.
16
Section 1006.20(4)(e), F.S.; FHSAA, supra note 2, at Bylaws 3.7 and 4.3.2.
BILL: CS/CS/SB 308 Page 4
The FHSAA authorizes full membership schools to compete in FHSAA championships, vote in
FHSAA elections, seek election to positions in FHSAA governance, and apply and serve as hosts
of multi-school events.17 Participation in the Florida High School State Championship Series is
limited to senior high schools, combination schools, and home education cooperatives with full
membership in the FHSAA.18 Participation is voluntary in the Florida High School State
Championship, however, the FHSAA board preference is that all eligible schools participate.19
The FHSAA does provide an option for member schools to exercise independent status for
“legitimate reasons”20 but expressly states that this status is not intended as a vehicle for schools
to organize in protest of the FHSAA’s policies or establish a postseason championship separate
from the Florida High School State Championship Series.21 The FHSAA requires any
independent status member schools to receive the FHSAA board’s approval for any
championship playoff occurring after the conclusion of the FHSAA-approved regular season.22
Student Extracurricular Activities and Athletics
Florida law outlines numerous standards and requirements relating to student extracurricular
activities and athletics.23 Such extracurricular activities and athletics include a student
participating in tryouts, off-season conditioning, summer workouts, preseason conditioning, in-
season practice, or contests.24 A student must satisfy eligibility requirements to be deemed
eligible to participate, which specify a minimum grade point average and adherence to academic
performance standards and standards of conduct.25
Responsibilities of the FHSAA
Among the provisions relating to student extracurricular activities and athletics, there are student
eligibility, governance, transparency, and student-athlete health requirements that apply
specifically to the FHSAA. The FHSAA retains jurisdiction over school membership in the
FHSAA; recruiting prohibitions and violations; student medical evaluations; investigations;
sanctions for coaches; school eligibility and forfeiture of competitions; student concussions and
head injuries; a sports medical advisory committee; and the general operational provisions of the
FHSAA.26 However, the FHSAA’s implementation of these provisions may not contradict
statutory requirements regarding district school boards and charter schools’ responsibilities in
determining student eligibility for extracurricular participation.27
17
FHSAA, supra note 2, at Bylaw 3.9.1.
18
FHSAA, supra note 2, at Bylaws 8.7.1.1; FHSAA, supra note 2, at Policy 10.1.1.
19
FHSAA, supra note 2, at Policy 10.1.2.
20
The FHSAA policies outline legitimate reasons as including, but not limited to, a newly opened school, consistent inability
to compete in the assigned FHSAA classification, geographic isolation that creates financial burdens for participation,
educational philosophies that that prohibit extended athletic participation, and religious reasons preventing competition.
FHSAA, supra note 2, at Policy 10.1.3.
21
FHSAA, supra note 2, at Policy 10.1.3.
22
Id.
23
See Chapter 1006, Part 1, Section D, F.S.
24
Section 1006.15(3)(a), F.S.
25
Id.
26
Section 1006.195(2)(a), F.S.
27
Id.
BILL: CS/CS/SB 308 Page 5
Student Participation in Interscholastic Extracurricular Activities
The term “interscholastic extracurricular activities” is not specifically defined in the statutes.
However, extracurricular is defined to mean “any school-authorized or education-related activity
occurring during or outside the regular instructional school day.”28 The same statute refers to
interscholastic extracurricular student activities as being “an important complement to the
academic curriculum” and notes that participation in those activities contributes to a student
developing the social and intellectual skills that are needed “to become a well-rounded adult.”29
To be eligible to participate in interscholastic extracurricular activities a student must:30
 Maintain a grade point average of 2.0 or above on a 4.0 scale, or its equivalent.
 Execute and fulfill the requirements of an academic performance contract between the
student, the district school board, the appropriate governing association, and the student’s
parents if the student’s cumulative grade point average falls below 2.0, or its equivalent on a
4.0 scale.
 Have a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the
courses required during his or her junior or senior year.
 Maintain satisfactory conduct, including adherence to appropriate dress and other codes of
student conduct policies.31
Charter School Student’s Participation in Interscholastic Extracurricular Activities
A charter school student may participate in interscholastic extracurricular activities at a public
school to which the student would be assigned, unless the activity is also provided by the
student’s charter school. However, the following conditions must also be met for participation at
the public school:
 The charter school student must meet the requirements of the charter school education
program as determined by the charter school governing board.
 During the period of participation at a school, the charter school student must demonstrate
educational progress as required.
 The charter school student must meet the same residency requirements as other students in
the school at which he or she participates.
 The charter school student must meet the same standards of acceptance, behavior, and
performance that are required of other students in the extracurricular activities.
 The charter school student must register with the school his or her intent to participate in
interscholastic extracurricular activities as a representative of the school before participation.
 A student who transfers from a charter school program to a traditional public school before
or during the first grading period of the school year is academically eligible to participate in
interscholastic extracurricular activities during the first grading period if the student has a
successful evaluation from the previous school year.
 Any public school or private school student who has been unable to maintain academic
eligibility for participation in interscholastic extracurricular activities is ineligible to
28
Section 1006.15(2), F.S.
29
Section 1006.15(2), F.S.
30
Section 1006.15(3). Eligible to participate includes, but is not limited to, a student participating in tryouts, off-season
conditioning, summer workouts, preseason conditioning, in-season practice, or contests.
31
Section 1006.15(3)(a)1.-4., F.S.
BILL: CS/CS/SB 308 Page 6
participate in such activities as a charter school student until the student has successfully
completed one grading period in a charter school to become eligible to participate as a
charter school student.32
Additional Options for Participation in Interscholastic Extracurricular Activities
A student in a home education program may be eligible to participate in extracurricular activities
at a Florida public school according to attendance area policies or controlled open enrollment, or
at a private school.33 A student in a home education program must meet specified conditions for
participation specified in law.34
A student of the Florida Virtual School full-time program may participate in any interscholastic
extracurricular activity at the public school to which the student would be assigned according to
district school board attendance area policies or which the student could choose to attend
pursuant to Florida’s controlled open enrollment processes.35
A student who transfers to a school during the school year may seek to immediately participate
in an extracurricular activity if the roster for the activity has not reached its maximum size and if