FOR IMMEDIATE RELEASE
July 23, 2001


New state law clarifies that sports officials are independent contractors, not employees

GAINESVILLE – Since the Florida High School Activities Association first began registering contest officials in the 1930s, the FHSAA has considered them to be independent contractors. Now, thanks to a new law enacted by the Florida Legislature during the 2001 session, the State of Florida has taken that position as well.

Committee substitute for House Bill 1803, which amended section 440.02 of Florida Statutes, adds sports officials of interscholastic and amateur sporting events to the list of persons who are not classified as "employees." The new law defines a "sports official" as any person who is a neutral participant in a sporting event, and classifies such a person as an "independent contractor."

The new law protects the FHSAA and its member schools from any potential worker's compensation claim that might be filed by a sports official who is injured in the performance of his or her duties. It protects the FHSAA's more than 5,700 individual sports officials from any regulations pertaining to employees that might be enacted by Federal, state or local governments – including district school boards or individual private schools – such as having Federal income tax withheld from checks in payment of their fees for officiating contests.

The original bills in the Senate and House of Representatives were sponsored respectively by Sen. Tom Rossin (D-West Palm Beach) and Rep. Bob Henriquez (D-Tampa) at the request of the FHSAA. The substitute bill that ultimately passed was sponsored by the House Committee on Insurance. It was signed into law by Gov. Jeb Bush on May 30. The new law takes effect Oct. 1.

The Florida High School Activities Association is the governing body for interscholastic athletic competition in Florida. It has a membership of more than 640 middle, junior and senior high schools. Individuals who wish to officiate athletic contests in which FHSAA member schools participate must be registered as contest officials with the FHSAA Office.

Text of amendment to section 440.02, Florida Statutes:

"A person who performs services as a sports official for an entity sponsoring an interscholastic sports event or for a public entity or private, nonprofit organization that sponsors an amateur sports event. For purposes of this subparagraph, such a person is an independent contractor. For purposes of this subparagraph, the term 'sports official' means any person who is a neutral participant in a sports event, including, but not limited to, umpires, referees, judges, linespersons, scorekeepers, or timekeepers. This subparagraph does not apply to any person employed by a district school board who serves as a sports official as required by the employing school board or who serves as a sports official as part of his or her responsibilities during normal school hours."

Contact:
Jack Watford
Director of Communications, FHSAA
(352) 372-9551 ext. 170
jwatford@fhsaa.org