HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 225 Interscholastic and Intrascholastic Activities
SPONSOR(S): Education & Employment Committee, Education Quality Subcommittee, Hawkins, Canady and
others
TIED BILLS: None. IDEN./SIM. BILLS: SB 308
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Education Quality Subcommittee 15 Y, 2 N, As CS Wolff Sanchez
2) Education & Employment Committee 14 Y, 6 N, As CS Wolff Hassell
SUMMARY ANALYSIS
While maintaining the designation of the Florida High School Athletic Association (FHSAA) as the state’s
governing nonprofit athletic association for Florida public schools, the bill authorizes the Commissioner of
Education (commissioner), with the approval of the State Board of Education (SBE), to approve other nonprofit
athletic associations that public schools may join for interscholastic athletic competition. The bill requires
nonprofit athletic associations to operate under a contract with the SBE. Prior to entering into a contract with an
association, the SBE must annually review the associations bylaws, policies, and dues and fees for compliance
with the law.
The bill requires approved athletic associations to comply with current law regarding organizational
governance, student eligibility, and health and wellness for student extracurricular activities and athletics. The
bill establishes that the bylaws of each approved athletic association in the state are the rules by which high
school athletic programs and member schools are governed, unless statute provides otherwise.
The bill provides that any high school in the state, including private schools, traditional public schools, charter
schools, virtual schools, and home education cooperatives, may become a member of an approved athletic
association. Current law prohibits the FHSAA from denying or discouraging interscholastic competition
between member and non-member schools and prohibits retributory or discriminatory action against member
schools that participate in competition with non-FHSAA member schools. The bill applies these prohibitions to
all approved athletic associations as well as allowing schools or home education cooperatives the option of full
membership or by individual sport participation in the FHSAA and other approved athletic associations.
The bill requires approved athletic associations, whose memberships include public schools, to adopt bylaws,
policies, or procedures that provide schools participating in a high school championship contest or series,
under the direction and supervision of the association, an opportunity to make brief opening remarks.
The bill expands the ability of home education program, charter school, Florida Virtual School full-time, and
private school students to participate in interscholastic and intrascholastic activities and athletics. The bill also
requires that students who transfer between schools during the school year be permitted to complete the
interscholastic and intrascholastic activities in which they participated at the school from which they
transferred.
The bill streamlines the FHSAA board of directors by reducing its membership from 16 to 9 members and
requires its members be appointed by the Governor and confirmed by the Senate. The bill also requires that
FHSAA’s executive director, budget, and bylaws be approved by the SBE.
This bill does not appear to have a fiscal impact.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
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.4 However, membership in
the FHSAA is not mandatory and the FHSAA must allow private schools the option of maintaining full
membership or membership by sport.5 The FHSAA may not deny or discourage a private school from
simultaneously maintaining membership in another athletic association. 6 The FHSAA may allow public
schools the option of applying for consideration to join another athletic association. 7 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.8
The FHSAA is required to adopt bylaws regulating student eligibility, recruiting, and member schools’
interscholastic competition in accordance with applicable law.9 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).10
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. 11 Each member 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.12
The executive authority of the FHSAA is vested in the board of directors.13 The FHSAA board of
directors consists of 16 members selected in the following manner: 14
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; eleme ntary,
middle or high school grades combined; or elementary and middle grades combined (e.g. K-12; K-8; 6-12; or 7-12). Bylaw 3.2.2.3,
FHSAA.
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. Bylaw 3.2.2.4, FHSAA.
4 Section 1006.20(1), F.S.
5 Section 1006.20(1), F.S.; Bylaws 3.2.1.4-5, FHSAA.
6 Section 1006.20(1), F.S.
7 Id.
8 Id.
9 Section 1006.20(2), F.S.
10 Section 1006.20(1), F.S.
11 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. 15, 2023). The FHSAA
Handbook contains the bylaws and administrative procedures, as adopted and amended by the board of directors, that govern the
FHSAA.
12 Section 1006.20(3), F.S.
13 Section 1006.20(4)(a), F.S.
14 Section 1006.20(4)(a)1.-6., F.S.
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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. 15 The representative
assembly shall be composed of the following:16
An equal number of member school representatives from each of the four administrative
regions.
Four district school superintendents, one elected from each of the four administrative regions by
the district school superintendents in their respective administrative regions.
Four district school board members, one elected from each of the four administrative regions by
the district school board members in their respective administrative regions.
The commissioner or his or her designee from the department executive staff.
FHSAA Membership in the National Federation of State High School Associations
The FHSAA is a member of the National Federation of State High School Associations (NFHS). 17 NFHS
is a nonprofit organization that provides leadership for the administration of high school athletics and
activities by writing rules, publishing guidance materials, and offering educational courses for coaches,
officials, student-athletes, parents, and school administrators.18 The FHSAA requires that interscholastic
athletic competitions involving its member schools adhere to the rules published by or approved by the
NFHS.19 NFHS educational materials are available as resources and standards for individuals involved
in interscholastic athletics. In particular, NFHS Learn Courses cover many topics, ranging from “Sudden
Cardiac Arrest” to “Engaging Effectively with Parents” to “Student Mental Health and Suicide
Prevention.”20 The FHSAA requires student-athletes and coaches to complete the following NFHS Learn
courses: “Concussion in Sports,” “Concussion for Students,” “Heat Illness Prevention,” and “Sudden
Cardiac Arrest.”21
15 Section 1006.20(5)(a), F.S.
16 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.
17 Nate Perry, State High School Associations Come in All Shapes and Sizes, National Federation of State High School Associations
(Jan. 14, 2020), https://www.nfhs.org/articles/state-high-school-associations-come-in-all-shapes-and-sizes/ (last visited Feb. 2, 2023);
National Federation of State High School Associations, State Association Listing, https://www.nfhs.org/resources/state-association-
listing (last visited Feb. 2, 2023)
18 National Federation of State High School Associations, About Us, https://www.nfhs.org/who-we-are/aboutus (last visited Feb. 2,
2023).
19 Bylaw 8.2.1, FHSAA. A two-thirds vote by the FHSAA Board of Directors may waive the requirement to utilize NFHS rules for a
sport.
20 National Federation of State High School Associations Learning Center, Courses, https://nfhslearn.com/courses (last visited Feb. 2,
2023).
21 Florida High School Athletic Association, NFHS Resources, https://fhsaa.com/sports/2020/5/1/NFHS_Resources.aspx (last visited
Feb. 2, 2023); Policies 40.1.1, 41.1.1 and 42.1.1, FHSAA.
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Currently, no other Florida athletic associations are affiliate members of the NFHS. 22 Florida law prohibits
the FHSAA from unreasonably withholding its approval of an application submitted by another
organization governing interscholastic athletic competition in the state that seeks to become an affiliate
member of the NFHS.23
School Membership in the FHSAA
Qualifications, contained in the FHSAA bylaws, for an accredited Florida secondary school, registered
with the DOE, to attain membership in the FHSAA include, but are not limited to:24
The school’s governing body approving the school’s membership in the FHSAA and adopting the
FHSAA bylaws each year as the rules governing interscholastic athletic programs;
Paying dues and fees required of member schools;
Maintaining the insurance coverage required of member schools; and
Being elected by the FHSAA Board of Directors for FHSAA membership.
The FHSAA Board of Directors approves schools or home education cooperatives for initial and
continuing membership in the Association, adopts and amends administrative regulations for FHSAA
programs, and serves as the Association’s highest appellate authority. 25
The FHSAA lists the privileges of full membership as including competing in FHSAA championships,
voting in Association elections, seeking election to positions in FHSAA governance, and applying and
serving as hosts of multi-school events.26 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.27 Participation is voluntary in the Florida High School State Championship,
however, the FHSAA Board of Directors’ preference is that all eligible schools participate. 28 The FHSAA
does provide an option for member schools to exercise independent status for “legitimate reasons” 29 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.30 The FHSAA requires any independent status member schools to receive the
FHSAA Board of Directors’ approval for any championship playoff occurring after the conclusion of the
FHSAA-approved regular season.31
Student Extracurricular Activities and Athletics
Florida law outlines numerous standards and requirements relating to student extracurricular activities
and athletics.32 Current law provides that “eligible to participate,” for purposes of extracurricular
activities and athletics, includes a student participating in tryouts, off-season conditioning, summer
22 The largest, most comprehensive organization governing high school sports in a state is a “member” of NFHS and other state
associations may join NFHS as “affiliate associations.” Nate Perry, State High School Associations Come in All Shapes and Sizes,
National Federation of State High School Associations (Jan. 14, 2020), https://www.nfhs.org/articles/state-high-school-associations-
come-in-all-shapes-and-sizes/ (last visited Feb. 2, 2023); National Federation of State High School Associations, State Association
Listing, https://www.nfhs.org/resources /state-association-listing (last visited Feb. 2, 2023) (Click “NFHS Affiliate Associations”).
23 Section 1006.20(1), F.S.
24 Bylaw 3.3.1, FHSAA. Similar qualifications and conditions apply to home education cooperatives seeking to become members in
the FHSAA. Bylaw 3.3.2, FHSAA.
25 Section 1006.20(4)(e), F.S.; Bylaws 3.7 and 4.3.2, FHSAA.
26 Bylaw 3.9.1, FHSAA.
27 Bylaws 8.7.1.1, FHSAA; Policy 10.1.1, FHSAA.
28 Policy 10.1.2, FHSAA.
29 The FHSAA policies outline legitimate reasons as including, but not limit ed to, a newly opened school, consistent inability to
compete in the assigned FHSAA classification, geographic isolation that creates financial burdens for participation, educatio nal
philosophies that that prohibit extended athletic participation, and religious reasons preventing competition. Policy 10.1.3, FHSAA.
30 Policy 10.1.3, FHSAA.
31 Id.
32 See Chapter 1006, Part 1, Section D, F.S.
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workouts, preseason conditioning, in-season practice, or contests.33 Additionally, a student must satisfy
the following requirements to be deemed eligible to participate:34
Maintain a grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the previous
semester or a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent,
in the courses required for a standard high school diploma.
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 in the
courses required for a standard high school diploma. 35
Have a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the
courses required for a standard high school diploma during their junior or senior year.
Maintain satisfactory conduct, including adherence to appropriate dress and other codes of
student conduct.36
Any student who is exempt from attending a full school day based on rules adopted by the district