Official Minutes of the
Florida High School Athletic Association
and Florida High School Athletic Association's Land Corporation
Board of Directors

Sunday & Monday, Sept. 23-24, 2007
Robert W. Hughes FHSAA Building
Gainesville, Florida


Sunday, September 23, 2007 Appellate Hearings

Board Members Present:
Charles Bethel, Representative-At-Large, Miami
Bob Cotter, Athletic Director, Clearwater Central Catholic High School
Richard Finlayson, Principal, Aucilla Christian School, Monticello (President)
Roger Dearing, Superintendent, Manatee County Public Schools, Bradenton
Tom Greer, School Board Member, Osceola County School Board, St. Cloud
Eric Hinson, School Board Member, Gadsden County School Board, Quincy
Dave Horner, Athletic Director, Forest High School, Ocala
Jeff Malloy, Athletic Director, Oak Hall School, Gainesville
Chris McKeon, Principal, Columbus High School, Miami
Marcos Moran, Representative-At-Large, Miami
Ernie Modugno, Athletic Director, Naples High School
Dalton Sheffield, Representative-At-Large, Crestview
Daniel Sims, Superintendent, Jackson County Public Schools, Marianna (President-Elect)
Pamela Stewart, Deputy Chancellor for K-12 Educator Quality, Florida DOE, Tallahassee
Keith Summers, Principal, Blountstown Middle School
Greg Zornes, Assistant Principal, Largo High School

Also in Attendance:
John A. Stewart, FHSAA Executive Director and Commissioner/Chief Executive Officer
Cristina M. Alvarez, FHSAA Director of Membership Services, recording secretary
Dorothy W. Brunson, FHSAA Director of Eligibility
Samuel A. “Sonny” Hester, FHSAA Senior Associate Executive Director/Chief Administrative Officer
Sedeirdra L. Smith, FHSAA Assistant Director of Eligibility
M. Denarvise Thornton, FHSAA Associate Executive Director for Athletic Administration
Shanell Young, FHSAA Director of Athletics
Leonard E. Ireland Jr., FHSAA General Counsel


1. Call to Order. The meeting was called to order at 1:01 p.m. by the chair, President Finlayson, who also led the Pledge of Allegiance to the U.S. flag. Members were present as noted above.

2. Welcome and announcements. Finlayson welcomed Board members to the meeting.

3. Overview of the Appellate Process. Finlayson and general counsel Ireland gave Board members an overview of the appellate process and how the hearings will proceed.

4. Appeals. The Board of Directors heard 11 appeals with the following results:

A. Trinity Christian Academy (Lake Worth) appealed the decision of the Executive Director to place the girls volleyball program on restrictive probation for a period of one year and administrative probation for a period of two years. MOTION by Malloy, SECOND by Greer to deny the appeal and uphold the decision of the Executive Director. CARRIED.

B. Trinity Christian Academy (Lake Worth) appealed the decision of the Section 4 Appeals Committee to deny the hardship eligibility request for the benefit of student Christina Griffey. MOTION by Greer, SECOND by McKeon to deny the appeal and uphold the decision of the Section 4 Appeals Committee. FAILED. MOTION by Malloy, SECOND by Sheffield to approve the appeal and reverse the decision of the Section 4 Appeals Committee. CARRIED.

C. Trinity Christian Academy (Lake Worth) appealed the decision of the Section 4 Appeals Committee to deny the hardship eligibility request for the benefit of student Jessica Quarles. MOTION by Greer, SECOND by McKeon to deny the appeal and uphold the decision of the Section 4 Appeals Committee. FAILED. MOTION by Malloy, SECOND by Sheffield to approve the appeal and reverse the decision of the Section 4 Appeals Committee. CARRIED.

D. Piper High School (Sunrise) appealed the decision of the Section 4 Appeals Committee to deny the hardship eligibility request for the benefit of student Jonathan Aiken. MOTION by Hinson, SECOND by McKeon to approve the appeal. FAILED. MOTION by Greer, SECOND by Sims to deny the appeal and uphold the decision of the Section 4 Appeals Committee. FAILED. MOTION by Cotter, SECOND by Bethel to approve the appeal and reverse the decision of the Section 4 Appeals Committee. CARRIED.

E. Brevard HEAT (Palm Bay) appealed the decision of Section 3 Appeals Committee to deny the hardship eligibility request for the benefit of student Amy Mach. MOTION by Greer, SECOND by Modugno to deny the appeal and uphold the decision of the Section 3 Appeals Committee. CARRIED.

F. Hardee High School (Wauchula) appealed the decision of the Section 3 Appeals Committee to deny the hardship eligibility request for the benefit of student Herman Patterson. MOTION by Malloy, SECOND by Sheffield to deny the appeal and uphold the decision of the Section 3 Appeals Committee. CARRIED.

G. The Executive Director requested that the Board of Directors review the decision of the Section 3 Appeals Committee to grant the hardship eligibility request for the benefit of Hardee High School (Wauchula) student Olnel Virgile. MOTION by Greer, SECOND by Dearing to reverse the decision of the Section 3 Appeals Committee that granted the student eligibility. CARRIED.

H. Dr. Phillips High School (Orlando) appealed the decision of the Section 2 Appeals Committee to deny the hardship eligibility request for the benefit of student Jesse Ledbetter. MOTION by Greer, SECOND by Dearing to deny the appeal and uphold the decision of the Section 2 Appeals Committee. CARRIED.

I. Hilliard High School appealed the decision of the Section 1 Appeals Committee to deny the hardship eligibility request for the benefit of student Jonathan Tavaris Ferguson. MOTION by Sims, SECOND by Greer to deny the appeal and uphold the decision of the Section 1 Appeals Committee. CARRIED.

J. West Nassau High School (Callahan) appealed the decision of the Section 1 Appeals Committee to deny the hardship eligibility request for the benefit of student Richard Boyd. MOTION by Sheffield, SECOND by Malloy to approve the appeal and reverse the decision of the Section 1 Appeals Committee. DENIED. MOTION by Modugno, SECOND by McKeon to deny the appeal and uphold the decision of the Section 1 Appeals Committee. CARRIED.

K. Pensacola Catholic High School appealed the decision of the Section 1 Appeals Committee to deny the hardship eligibility request for the benefit of student Matthew Shane Sobota. School representatives failed to appear for the hearing. MOTION by Malloy, SECOND by Horner to approve the appeal and reverse the ruling of the Section 1 Appeals Committee with the provision that the student’s “Application for Waiver of the Transfer Rule” form must be on file with the FHSAA office. CARRIED.

5. Recess. The meeting was recessed at 4:50 p.m. Sunday and resumed at 9 a.m. Monday.

6. Appeals. The Board of Directors heard three appeals with the following results:

L. Shores Christian Academy (Ocala) appealed the Executive Director’s decision to place the boys basketball program on restrictive probation for a period of three years ending at the conclusion of the 2009-2010 school year. Board member Horner recused himself from voting on the appeal. MOTION by Malloy, SECOND by Sims to deny the appeal and uphold the Executive Director’s decision. CARRIED.

M. Englewood High School (Jacksonville) appealed the decision of the Section 1 Appeals Committee to deny the hardship eligibility request for the benefit of student John-Michael Davis. MOTION by Summers, SECOND by Greer to deny the appeal and uphold the decision of the Section 1 Appeals Committee. CARRIED.

N. Baldwin High School appealed the decision of the Section 1 Appeals Committee to deny the hardship eligibility request for the benefit of student Eric Denorise Green. MOTION by Greer, SECOND by Sims to deny the appeal and uphold the decision of the Section 1 Appeals Committee. CARRIED.

7. Adjournment. There being no further appeals to be considered by the Board the meeting was adjourned at 10:10 a.m.




Monday, September 24, 2007 Business Meeting

Board Members Present:
Charles Bethel, Representative-At-Large, Miami
Bob Cotter, Athletic Director, Clearwater Central Catholic High School
Richard Finlayson, Principal, Aucilla Christian School, Monticello (President-Elect)
Roger Dearing, Superintendent, Manatee County Public Schools, Bradenton
Tom Greer, School Board Member, Osceola County School Board, St. Cloud
Jeff Malloy, Athletic Director, Oak Hall School, Gainesville (President)
Chris McKeon, Principal, Columbus High School, Miami
Ernie Modugno, Athletic Director, Naples High School
Dalton Sheffield, Representative-At-Large, Crestview
Daniel Sims, Superintendent, Jackson County Public Schools, Marianna
Pamela Stewart, Deputy Chancellor for K-12 Educator Quality, Florida DOE, Tallahassee
Keith Summers, Principal, Blountstown Middle School
Greg Zornes, Assistant Principal, Largo High School

Board Members Absent:
Eric Hinson, School Board Member, Gadsden County School Board, Quincy
Dave Horner, Athletic Director, Forest High School, Ocala
Marcos Moran, Representative-At-Large, Miami

Also in Attendance:
John A. Stewart, FHSAA Executive Director and Commissioner/Chief Executive Officer
Cristina M. Alvarez, FHSAA Director of Membership Services, recording secretary
Dorothy W. Brunson, FHSAA Director of Eligibility
Roberta L. Elkins, FHSAA Chief Financial Officer
Tamara J. Forrester, FHSAA Director of Athletics
Robert K. Hernberger Jr., FHSAA Director of Media Relations
Michael J. Herchel, FHSAA Network Administrator
Samuel A. “Sonny” Hester, FHSAA Senior Associate Executive Director/Chief Administrative Officer
Paul K. McLaughlin, FHSAA Assistant Executive Director for Educational Services
Gary V. Pigott, FHSAA Senior Director of Athletics
Laurel M. Ring, FHSAA Director of Special Programs
Jamie C. Rohrer, FHSAA Director of Athletics
Sedeirdra L. Smith, FHSAA Assistant Director of Eligibility
M. Denarvise Thornton, FHSAA Associate Executive Director for Athletic Administration
Jack E. Watford, FHSAA Associate Executive Director/Chief Operating Officer
Shanell L. Young, FHSAA Director of Athletics
Leonard E. Ireland Jr., FHSAA General Counsel


1. Call to Order. The meeting was called to order at 10:25 a.m. by the chair, President Finlayson, who also led the Pledge of Allegiance to the U.S. flag. All members were present as noted above.

2. Welcome and Announcements. President Finlayson welcomed Board members and noted the absence of Board members Hinson, Horner and Moran.

3. Adoption of Agenda. MOTION by Greer, SECOND by Dearing to adopt the agenda for the meeting as printed. CARRIED.

4. Approval of Previous Minutes. MOTION by Dearing, SECOND by Greer to approve the minutes of the June 1, 2007 meeting as published. CARRIED.

5. Report of the President. President Finlayson offered his appreciation for the previous night’s dinner and the Board’s new polo shirts. He praised Board members for their hard work during the appeals hearings and thanked the Executive Director and staff for their efforts in enforcing the Association’s recruiting policies. Finlayson noted that he received positive feedback about the Sportsmanship Summit, stressing the importance of the Association’s sportsmanship initiative. He emphasized the significance of meetings with key legislators to help familiarize them with the Association and its objectives. Finlayson closed his report by expressing his gratitude for the Compliance Seminar held in July, with a special thanks to Board member Malloy for hosting the seminar at his school.

A. Committee appointments for the 2006-07 school year. President Finlayson outlined the following committee appointments. Executive Director Selection Committee: Tom Greer, chair; Roger Dearing; Pam Stewart; Richard Finlayson. Finance Committee: Dalton Sheffield, chair; Charles Bethel; Greg Zornes. Governance Committee: Danny Sims, chair; Bob Cotter; Eric Hinson; Keith Summers. Operations Committee: Jeff Malloy, chair; Dave Horner; Chris McKeon; Ernie Modugno; Marcos Moran.

6. Report of the Executive Director. Executive Director Stewart began his report by explaining the coaches education program, its process and the requirements of the Department of Education. He noted that the Board’s approval of a state competitive cheerleading series would help schools Title IX fulfillment, and detailed the process of a sport reaching “recognized” status, including the criteria items that must be met. Executive Director Stewart mentioned a situation involving a student-athlete fatality at a recent regular season cross country meet in Fort Lauderdale. Executive Director Stewart closed his report by elaborating on President Finlayson’s sentiments regarding the Sportsmanship Summit, included the representation of more than 300 member schools and a keynote address from University of Florida head men’s basketball coach Billy Donovan.

7. Report of the Public Liason Advisory Committee. Chair Donna Blumer presented the committee’s 2006-07 annual report.

8. Report of the Executive Director Selection Committee. Finlayson recognized committee chair Greer, who presented the following report:

Board member Malloy recused himself from voting on the qualifications for Executive Director. MOTION by Greer, SECOND Zornes to accept the qualifications as written. FAILED. MOTION by Modugno, SECOND by Cotter to reaffirm the motion to accept the qualifications for Executive Director as written. CARRIED.

President Finlayson will reassign a member school athletic director to the Executive Director Selection Committee from one of the other committees, and bring that decision to the Board at its November meeting.

MOTION by Greer, SECOND by Dearing to change the application deadline to January 11 from December 14. CARRIED.

9. Report of the Finance Committee. Finlayson recognized committee chair Sheffield who presented the following report:

A. Chief Financial Officer Elkins presented for acceptance the independent audit of FHSAA for the 2006-07 fiscal year. MOTION by Sheffield, SECOND by Dearing to accept the audit as presented. CARRIED.

B. Elkins presented for final approval the FHSAA operating budget for the 2007-08 fiscal year. MOTION by Sheffield, SECOND by Zornes to grant final approval of the FHSAA operating budget for the 2007-08 fiscal year as presented. CARRIED.

General counsel Ireland noted that the Board is sitting as the FHSAA Land Corporation Board of Directors for items C and D.

C. Elkins presented for acceptance the independent audit of the Land Corporation for the 2006-07 fiscal year. MOTION by Sheffield, SECOND by Greer to accept the audit as presented. CARRIED.

D. Elkins presented for final approval the Land Corporation operating budget for the 2007-08 fiscal year. MOTION by Sheffield, SECOND by Zornes to grant final approval of the Land Corporation operating budget for the 2007-08 fiscal year as presented. CARRIED.

E. Elkins presented a series of amendments to Executive Director Stewart’s employment contract:

1. MOTION by Sheffield, SECOND by Dearing to change wording in the contract from “vested” to “fully vested”. CARRIED.

2. MOTION by Sheffield, SECOND by Greer to provide Executive Director Stewart a four percent raise. CARRIED.

3. MOTION by Sheffield, SECOND by Dearing to provide for the Association to finance Mrs. Stewart’s health insurance for 16 months after Executive Director Stewart retires. CARRIED.

4. MOTION by Sheffield, SECOND by Malloy to provide for the Association to finance Executive Director Stewart’s retirement contribution through the end of the 2008 calendar year. CARRIED.

F. MOTION by Sheffield, SECOND by Sims to accept information on the insurance/distributions/attendance updates. CARRIED.

1. Elkins presented the schedule of employee health insurance premium increases for the 2007-08 fiscal year.

2. Elkins distributed the schedule of business insurance premium increases for the 2007-08 fiscal year.

3. Elkins presented the schedule of net profit/participating team distributions for FHSAA Finals events in the 2006-07 fiscal year.

4. Elkins presented the schedule of paid attendances for FHSAA Finals events in the 2006-07 fiscal year.

10. Report of the Governance Committee. Finlayson recognized committee chair Sims who presented the following report:

A. MOTION by Sims, SECOND by Dearing to approve the recommended applications for approved nonmember school status for the 2007-08 school year that were received in the FHSAA Office since the Board of Directors’ June meeting. CARRIED.

B. MOTION by Sims, SECOND by Sheffield to approve a recommendation to amend sub-paragraph 4.2(I) of Policy 38, “Policy on Athletic Recruiting,” to read: “Promise of guaranteeing a college athletic scholarship” instead of “Promise of assistance in securing a college athletic scholarship.” CARRIED.

C. MOTION by Malloy, SECOND by Greer to remove from the table a proposed revision of the “Policy on Enforcement” to establish guidelines and procedures for FHSAA enforcement program, and to create a new Infractions Appeals Committee to hear appeals of schools challenging findings of violations and penalties imposed. CARRIED. Consensus of the Board was for staff to proceed with drafting the policy to present for adoption at the November meeting.

D. MOTION by Sims, SECOND by Sheffield to endorse the concept of a proposed amendment to Bylaw 4.3, “Sectional Appeals Committees,” to expand and restructure the composition of the committees, restructuring the committees by decreasing their composition from five to seven members, adding a legal chair and a second private school chair, and consolidating the superintendent and school board seats. CARRIED.

E. MOTION by Sims, SECOND by Summers to endorse the concept of a proposed amendment to FHSAA bylaws to officially re-title the position of Commissioner to “Executive Director” and to re-title the position to “Executive Director and Commissioner” In the interim. Executive Director Stewart also reviewed the reorganization of the FHSAA staff structure. CARRIED.

F. MOTION by Sims, SECOND by Summers to appoint Sam Ward, principal of Fleming Island High School, to fill the vacant public school representative seat on the Section 1 Appeals Committee. CARRIED.

G. MOTION by Sims, SECOND by Malloy to approve the random selection of schools to undergo a compliance review during the fall sports season. Mr. Skardon Bliss, Executive Director of the Florida Council of Independent Schools, agreed to randomly select numbers from the list of full member schools. The selected schools were not named publicly in order to protect the integrity of the review process. CARRIED.

H. MOTION by Sims, SECOND by Dearing to approve the reaffirmation of the “Administrative Guidelines, Regulations, Policies and Procedures of the FHSAA Board of Directors” for the 2007-08 school year as printed in the “2007-08 FHSAA Handbook” and amended in this meeting. CARRIED.

I. Associate Executive Director Watford updated Board members on the FHSAA Handbook Revision Task Force.

11. Report of the Operations Committee. Finlayson recognized committee chair Malloy who presented the following report:

A. Recommendations of the Baseball Advisory Committee.

1. MOTION by Malloy, SECOND by Modugno to approve a recommendation to amend Baseball Regulation 106.10 as follows: Modify the penalty for NFHS Rule 3-1-1. “For discovery of an illegal player (2-36-3) an offense by an umpire or either team, that player shall be called out and shall be ejected restricted to the bench/dugout for the duration of the game. An illegal player discovered on defense shall be ejected restricted to the bench/dugout for the duration of the game…” CARRIED.

B. Recommendations of the Softball Advisory Committee.

1. MOTION by Malloy, SECOND by Modugno to approve a recommendation to adopt NFHS Rule 3-2-11 permitting players to wear metal cleats and metal toe plates. CARRIED.

2. MOTION by Malloy, SECOND by Sheffield to approve a recommendation to apply for a third NFHS experiment with the pitching distance at 43 feet. CARRIED.

C. Recommendations of the Tennis Advisory Committee.

1. MOTION by Malloy, SECOND by Modugno to deny a recommendation to extend the length of the tennis season by two weeks by moving the first permissible dates for practice and competition two weeks earlier. CARRIED.

2. MOTION by Malloy, SECOND by Sheffield to approve a recommendation to expand the FHSAA State Tennis Series to include the advancement of district team runner-ups to regional competition. CARRIED.

D. Recommendations of the Track & Field Advisory Committee.

1. MOTION by Malloy, SECOND by Modugno to deny a recommendation to amend Track & Field Regulation 105.01, modification to NFHS Rule 4-3-1, by eliminating the requirement that uniform jerseys be numbered on the back. CARRIED.

E. Recommendations of the Weightlifting Advisory Committee.

1. MOTION by Malloy, SECOND by Greer to approve a recommendation to allow coaches and/or participating student-athletes who already are on the competition floor to spot other lifters. CARRIED.

2. MOTION by Malloy, SECOND by Modugno to deny a recommendation to extend the length of the boys weightlifting season by three weeks, by moving the first permissible dates for practice and competition three weeks earlier. CARRIED

3. MOTION by Malloy, SECOND by Greer to deny a recommendation to amend Boys Weightlifting Regulation 207.01 to require that each school that qualifies three or more lifters to the FHSAA Finals state meet be issued two coach credentials with a maximum of two credentials. CARRIED.

4. A recommendation to amend Boys Weightlifting Regulation 207.04 to stipulate that all lifts that are attempted for record-setting purposes must be made on the platform on which the competition in that weight class was held was withdrawn.

5. MOTION by Malloy, SECOND by Modugno to approve a recommendation to amend Boys Weightlifting Regulation 204.03 by eliminating the open qualifying format and requiring all sections to conduct their qualifying meets using the structured qualifying format. CARRIED.

F. Recommendations of the Athletic Directors Advisory Committee.

No recommendations were presented for action. Minutes of the committee’s Sept. 5, 2007 meeting were provided as an information item.

G. Director of Athletics Rohrer presented the first reading of a staff recommendation to revise the composition of the Athletics Director Advisory Committee.

H. MOTION by Malloy, SECOND by Sheffield to approve the FHSAA Steroid Testing Program operations manual as presented. CARRIED.

I. MOTION by Malloy, SECOND by Modugno to endorse the concept of a staff recommendation regarding the use of the double-dual officiating system in soccer. The Board passed the 3-whistle system but will revisit the recommendation. CARRIED.

J. Associate Executive Director Thornton reviewed and discussed the fees and mileage rate of contest officials.

K. MOTION by Malloy, SECOND by Modugno to approve a recommendation to revise the Dodge Sunshine Cup All-Sports Awards scoring system as presented. CARRIED.

L. MOTION by Malloy, SECOND by Zornes to approve a recommendation to revise the Academic Team Champion awards program as presented. CARRIED.

M. MOTION by Malloy, SECOND by Modugno to approve a recommendation to conduct an inaugural state championship series in girls & boys lacrosse in Spring 2008. CARRIED.

12. Discussion/Information Items.

A. Director of Athletics Forrester presented a report on the Officials Leadership Conference, held June 1-2, 2007 in Orlando. 150 officials attended, with 44 percent being first-time attendees. The 2008-09 Officials Leadership Conference will be held at the Sea Turtle Inn in Jacksonville and Fletcher High School (Neptune Beach).

B. Director of Special Programs Ring reported on the Inaugural Sportsmanship Summit held September 14, 2007.

C. General counsel Ireland reported on lawsuits in which the Association is involved.

13. Comments and requests from members of the Board of Directors.

Several Board members offered their gratitude for the previous night’s dinner and hospitality, praised FHSAA investigators and enforcement personnel for stressing the importance of following the Association’s bylaws and policies, and applauded staff on their conduct of the Compliance Seminar. Summers suggested a need for Shores Christian Academy to defend its membership in the Association, citing the school’s recent appeals hearing. Malloy expressed his appreciation for the Association’s moving forward with compliance reviews, noting the tough challenges Florida faces compared to other states.

14. Schedule of upcoming meetings of the Board of Directors.

Stewart reminded Board members that the next meeting of the Board of Directors will take place at 9 a.m. Monday, Nov. 19, 2007 at the Robert W. Hughes FHSAA Building in Gainesville. Appeals and committee meetings will be held on Sunday, Nov. 18, beginning at 1 p.m. at the same location. He also reminded Board members that the meeting schedule for the remainder of the 2007-08 school year is as follows: Jan. 27-28, 2008 at the Robert W. Hughes FHSAA Building in Gainesville; April 6-7, 2008, at the Robert W. Hughes FHSAA Building in Gainesville; and June 12-13, 2008 at the Sea Turtle Inn in Jacksonville Beach.

15. Adjournment.

With no further business to come before the Board of Directors, the meeting was adjourned at 1:05 p.m.