100.11(A) Background check requirement. All
shall be required to undergo background checks; provided, however, this requirement shall only apply to
eighteen years and older. The local level governing board of the sports league shall ensure that such background checks are conducted. The local governing board of the sports league may not delegate this responsibility to an individual team and may not authorize any
to act as a
unless a
is conducted that does not result in disqualification for any of the following offenses, unless the
has been adjudicated not guilty of all such offenses:
100.11(A)(1) All sex offenses regardless of the amount of time since the offense (examples include child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure or similar offenses).
100.11(A)(2) All felony offenses involving violence regardless of the amount of time since the offense (examples include murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated burglary).
100.11(A)(3) All felony offenses other than violence or sex offenses within the past ten years (examples include drug offenses, theft, embezzlement, fraud, child endangerment).
100.11(A)(4) All misdemeanor violence offenses within the past seven years (examples include simple assault, battery, domestic violence, hit and run).
100.11(A)(5) Two misdemeanor drug or alcohol offenses within the past ten years (examples include driving under the influence, simple drug possession, drunk and disorderly conduct, public intoxication, possession of drug paraphernalia).
100.11(A)(6) Any other misdemeanor within the past five years that would be considered a potential danger to children or is directly related to the functions of that volunteer (examples include contributing to the delinquency of a minor, providing alcohol to a minor, theft—if the volunteer is to handle money).
100.11(B) Type of background check. A
that identifies an individual’s entire criminal history shall be conducted.
100.11(C) Frequency of background checks. Every adult who is new to a
youth sports league shall be subject to an initial background check that shall be completed prior to that adult’s involvement in any capacity. A background check shall be conducted annually in accordance with this Section and all other applicable law.
100.11(D) Responsibility for payment of costs. All background check related costs shall be the sole responsibility of the league. In the event that a
is involved in more than one sports league, the respective leagues should work together to share the costs in a mutually beneficial manner.
100.11(E) Notification regarding compliance. Prior to the commencement of each Year’s practice season, the local level governing board of the league shall submit written certification to the
that the league has complied with the
requirements regarding background checks on all
. The certifying document shall be signed by the presiding officer of the local level governing board of the league. Should an adult commence participation in the league after the commencement of the practice season, the league shall, as soon as reasonably possible, submit a supplemental certifying document regarding a background check on the new adult participant. The certifying document shall read as follows:
“In accordance with and pursuant to Chapter 100 of the City of Weston Code, the (League Name) hereby certifies that it has complied with the
requirements regarding background checks on all
.”
100.11(F) Responsibility of records maintenance, ownership, and control. Maintenance, ownership, and control of all background check records and information generated, received, possessed and stored shall be the sole responsibility of the league, and shall be retained for a period of at least five
in accordance with F.S. § 943.0438 and all other applicable law.
100.11(G) Failure to mandate a Level 2 Background Check. Any
who has not passed a criminal background check, in accordance with F.S. § 943.0438, this Section and all other applicable law, is prohibited from functioning in an official capacity until such time as the process has been successfully completed. Any sports league that is found to be in violation of this Section is subject to a suspension or revocation of its facilities use permit.
(Ord. 2010-17, passed 10-4-2010; Am. Ord. 2016-10, passed 5-2-2016; Am. Ord. 2021-01, passed 2-16-2021)