Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/HB 495, 1st Eng.
Senate . House
Floor: 2/AE/3R . Floor: C
03/08/2018 02:45 PM . 03/09/2018 10:44 AM
Senator Passidomo moved the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (13) of section
6 121.091, Florida Statutes, is amended to read:
7 121.091 Benefits payable under the system.—Benefits may not
8 be paid under this section unless the member has terminated
9 employment as provided in s. 121.021(39)(a) or begun
10 participation in the Deferred Retirement Option Program as
11 provided in subsection (13), and a proper application has been
12 filed in the manner prescribed by the department. The department
13 may cancel an application for retirement benefits when the
14 member or beneficiary fails to timely provide the information
15 and documents required by this chapter and the department’s
16 rules. The department shall adopt rules establishing procedures
17 for application for retirement benefits and for the cancellation
18 of such application when the required information or documents
19 are not received.
20 (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
21 subject to this section, the Deferred Retirement Option Program,
22 hereinafter referred to as DROP, is a program under which an
23 eligible member of the Florida Retirement System may elect to
24 participate, deferring receipt of retirement benefits while
25 continuing employment with his or her Florida Retirement System
26 employer. The deferred monthly benefits shall accrue in the
27 Florida Retirement System on behalf of the member, plus interest
28 compounded monthly, for the specified period of the DROP
29 participation, as provided in paragraph (c). Upon termination of
30 employment, the member shall receive the total DROP benefits and
31 begin to receive the previously determined normal retirement
32 benefits. Participation in the DROP does not guarantee
33 employment for the specified period of DROP. Participation in
34 DROP by an eligible member beyond the initial 60-month period as
35 authorized in this subsection shall be on an annual contractual
36 basis for all participants.
37 (b) Participation in DROP.—Except as provided in this
38 paragraph, an eligible member may elect to participate in DROP
39 for a period not to exceed a maximum of 60 calendar months.
40 1.a. An eligible member may elect to participate in DROP
41 for a period not to exceed a maximum of 60 calendar months.
42 However, members who are instructional personnel employed by the
43 Florida School for the Deaf and the Blind and authorized by the
44 Board of Trustees of the Florida School for the Deaf and the
45 Blind, who are instructional personnel as defined in s.
46 1012.01(2)(a)-(d) in grades K-12 and authorized by the district
47 school superintendent, or who are instructional personnel as
48 defined in s. 1012.01(2)(a) employed by a developmental research
49 school and authorized by the school’s director, or if the school
50 has no director, by the school’s principal, may participate in
51 DROP for up to 36 calendar months beyond the 60-month period.
52 Effective July 1, 2018, instructional personnel who are
53 authorized to extend DROP participation beyond the 60-month
54 period must have a termination date that is the last day of the
55 last calendar month of the school year within the DROP extension
56 granted by the employer. If, on July 1, 2018, the member’s DROP
57 participation has already been extended for the maximum 36
58 calendar months and the extension period concludes before the
59 end of the school year, the member’s DROP participation may be
60 extended through the last day of the last calendar month of that
61 school year. The employer shall notify the division of the
62 change in termination date and the additional period of DROP
63 participation for the affected instructional personnel.
64 b. Administrative personnel in grades K-12, as defined in
65 s. 1012.01(3), who have a DROP termination date on or after July
66 1, 2018, may be authorized to extend DROP participation beyond
67 the initial 60 calendar month period if the administrative
68 personnel’s termination date is before the end of the school
69 year. Such administrative personnel may have DROP participation
70 extended until the last day of the last calendar month of the
71 school year in which their original DROP termination date
72 occurred if a date other than the last day of the last calendar
73 month of the school year is designated. The employer shall
74 notify the division of the change in termination date and the
75 additional period of DROP participation for the affected
76 administrative personnel.
77 2. Upon deciding to participate in DROP, the member shall
78 submit, on forms required by the division:
79 a. A written election to participate in DROP;
80 b. Selection of DROP participation and termination dates
81 that satisfy the limitations stated in paragraph (a) and
82 subparagraph 1. The termination date must be in a binding letter
83 of resignation to the employer establishing a deferred
84 termination date. The member may change the termination date
85 within the limitations of subparagraph 1., but only with the
86 written approval of the employer;
87 c. A properly completed DROP application for service
88 retirement as provided in this section; and
89 d. Any other information required by the division.
90 3. The DROP participant is a retiree under the Florida
91 Retirement System for all purposes, except for paragraph (5)(f)
92 and subsection (9) and ss. 112.3173, 112.363, 121.053, and
93 121.122. DROP participation is final and may not be canceled by
94 the participant after the first payment is credited during the
95 DROP participation period. However, participation in DROP does
96 not alter the participant’s employment status, and the member is
97 not deemed retired from employment until his or her deferred
98 resignation is effective and termination occurs as defined in s.
100 4. Elected officers are eligible to participate in DROP
101 subject to the following:
102 a. An elected officer who reaches normal retirement date
103 during a term of office may defer the election to participate
104 until the next succeeding term in that office. An elected
105 officer who exercises this option may participate in DROP for up
106 to 60 calendar months or no longer than the succeeding term of
107 office, whichever is less.
108 b. An elected or a nonelected participant may run for a
109 term of office while participating in DROP and, if elected,
110 extend the DROP termination date accordingly; however, if such
111 additional term of office exceeds the 60-month limitation
112 established in subparagraph 1., and the officer does not resign
113 from office within such 60-month limitation, the retirement and
114 the participant’s DROP is null and void as provided in sub
115 subparagraph (c)5.d.
116 c. An elected officer who is dually employed and elects to
117 participate in DROP must terminate all employment relationships
118 as provided in s. 121.021(39) for the nonelected position within
119 the original 60-month period or maximum participation period as
120 provided in subparagraph 1. For DROP participation ending:
121 (I) Before July 1, 2010, the officer may continue
122 employment as an elected officer as provided in s. 121.053. The
123 elected officer shall be enrolled as a renewed member in the
124 Elected Officers’ Class or the Regular Class, as provided in ss.
125 121.053 and 121.122, on the first day of the month after
126 termination of employment in the nonelected position and
127 termination of DROP. Distribution of the DROP benefits shall be
128 made as provided in paragraph (c).
129 (II) On or after July 1, 2010, the officer may continue
130 employment as an elected officer but must defer termination as
131 provided in s. 121.053.
132 Section 2. The Legislature finds that a proper and
133 legitimate state purpose is served when employees and retirees
134 of the state and its political subdivisions, and the dependents,
135 survivors, and beneficiaries of such employees and retirees, are
136 extended the basic protections afforded by governmental
137 retirement systems. These persons must be provided benefits that
138 are fair and adequate and that are managed, administered, and
139 funded in an actuarially sound manner, as required by s. 14,
140 Article X of the State Constitution and part VII of chapter 112,
141 Florida Statutes. Therefore, the Legislature determines and
142 declares that the amendments made to s. 121.091, Florida
143 Statutes, by this act fulfills an important state interest.
144 Section 3. Section 1007.2616, Florida Statutes, is amended
145 to read:
146 1007.2616 Computer science and technology instruction.—
147 (1) For the purposes of this section, the term “computer
148 science” means the study of computers and algorithmic processes,
149 including their principles, hardware and software designs,
150 applications, and their impact on society, and includes computer
151 coding and computer programming.
(1) Public schools shall provide students in grades
153 K-12 opportunities for learning computer science, including, but
154 not limited to, computer coding and computer programming. Such
155 opportunities may include coding instruction in elementary
156 school and middle school and , instruction to develop students’
157 computer usage and digital literacy skills in middle school, and
158 must include courses in computer science , computer coding, and
159 computer programming in middle school and high school, including
160 earning-related industry certifications. Such courses must be
161 integrated into each school district’s middle and high schools,
162 including combination schools in which any of grades 6 through
163 12 are taught.
164 (b) Computer science courses must be identified in the
165 Course Code Directory and published on the Department of
166 Education’s website no later than July 1, 2018. Additional
167 computer science courses may be subsequently identified and
168 posted on the department’s website.
169 (3) The Florida Virtual School shall offer computer science
170 courses identified in the Course Code Directory pursuant to
171 paragraph (2)(b). If a school district does not offer an
172 identified course, the district must provide students access to
173 the course through the Florida Virtual School or through other
175 (4)(a) Subject to legislative appropriation, a school
176 district or a consortium of school districts may apply to the
177 department, in a format prescribed by the department, for
178 funding to deliver or facilitate training for classroom teachers
179 to earn an educator certificate in computer science pursuant to
180 s. 1012.56 or an industry certification associated with a course
181 identified in the Course Code Directory pursuant to paragraph
182 (2)(b). Such funding shall only be used to provide training for
183 classroom teachers and to pay fees for examinations that lead to
184 a credential pursuant to this paragraph.
185 (b) Once the department has identified courses in the
186 Course Code Directory pursuant to paragraph (2)(b), the
187 department shall establish a deadline for submitting
188 applications. The department shall award funding to school
189 districts in a manner that allows for an equitable distribution
190 of funding statewide based on student population.
191 (5) (2) Elementary schools and middle schools may establish
192 digital classrooms in which students are provided opportunities
193 to improve digital literacy and competency; to learn digital
194 skills, such as coding, multiple media presentation, and the
195 manipulation of multiple digital graphic images; and to earn
196 digital tool certificates and certifications pursuant to s.
197 1003.4203 and grade-appropriate, technology-related industry
199 (6) (3) High school students must be provided schools may
200 provide students opportunities to take computer science courses
201 to satisfy high school graduation requirements, including, but
202 not limited to, the following:
203 (a) High school computer science courses of sufficient
204 rigor, as identified by the commissioner, such that one credit
205 in computer science and the earning of related industry
206 certifications constitute the equivalent of up to one credit of
207 the mathematics requirement, with the exception of Algebra I or
208 higher-level mathematics, or up to one credit of the science
209 requirement, with the exception of Biology I or higher-level
210 science, for high school graduation. Computer science courses
211 and technology-related industry certifications that are
212 identified as eligible for meeting mathematics or science
213 requirements for high school graduation shall be included in the
214 Course Code Directory.
215 (b) High school computer technology courses in 3D rapid
216 prototype printing of sufficient rigor, as identified by the
217 commissioner, such that one or more credits in such courses and
218 related industry certifications earned may satisfy up to two
219 credits of mathematics required for high school graduation with
220 the exception of Algebra I. Computer technology courses in 3D
221 rapid prototype printing and related industry certifications
222 that are identified as eligible for meeting mathematics
223 requirements for high school graduation shall be included in the
224 Course Code Directory.
225 (7) Subject to legislative appropriation, a classroom
226 teacher who was evaluated as effective or highly effective
227 pursuant to s. 1012.34 in the previous school year or who is
228 newly hired by the district school board and has not been
229 evaluated pursuant to s. 1012.34 must receive a bonus as
231 (a) If the classroom teacher holds an educator certificate
232 in computer science pursuant to s. 1012.56 or if he or she has
233 passed the computer science subject area examination and holds
234 an adjunct certificate issued by a school district pursuant to
235 s. 1012.57, he or she shall receive a bonus of $1,000 after each
236 year the individual completes teaching a computer science course
237 identified in the Course Code Directory pursuant to paragraph
238 (2)(b) at a public middle, high, or combination school in the
239 state, for up to 3 years.
240 (b) If the classroom teacher holds an industry
241 certification associated with a course identified in the Course
242 Code Directory pursuant to paragraph (2)(b), he or she shall
243 receive a bonus of $500 after each year the individual completes
244 teaching the identified course at a public middle, high, or
245 combination school in the state, for up to 3 years.
247 A school district shall report a qualifying classroom teacher to
248 the department by a date and in a format established by the
249 department. An eligible classroom teacher shall receive his or
250 her bonus upon completion of the school year in which he or she
251 taught the course. A teacher may not receive more than one bonus
252 per year under this subsection.
253 (8) (4) The State Board of Education shall may adopt rules
254 to administer this section.
255 Section 4. Section 800.101, Florida Statutes, is created to
257 800.101 Offenses against students by authority figures.—
258 (1) As used in this section, the term:
259 (a) “Authority figure” means a person 18 years of age or
260 older who is employed by, volunteering at, or under contract
261 with a school, including school resource officers as provided in
262 s. 1006.12.
263 (b) “School” has the same meaning as provided in s. 1003.01
264 and includes a private school as defined in s. 1002.01, a
265 voluntary prekindergarten education program as described in s.
266 1002.53(3), early learning programs, a public school as
267 described in s. 402.3025(1), the Florida School for the Deaf and
268 the Blind, and the Florida Virtual School established under s.
269 1002.37. The term does not include a facility dedicated
270 exclusively to the education of adults.
271 (c) “Student” means a person who is enrolled at a school.
272 (2) An authority figure shall not solicit or engage in:
273 (a) Sexual conduct;
274 (b) A relationship of a romantic nature; or
275 (c) Lewd conduct
277 with a student.
278 (3) A person who violates this section commits a felony of
279 the second degree, punishable as provided in s. 775.082, s.
280 775.083, or s. 775.084.
281 (4) This section does not apply to conduct constituting an
282 offense that is subject to reclassification under s. 775.0862.
283 Section 5. Subsection (5) of section 810.097, Florida
284 Statutes, is amended to read:
285 810.097 Trespass upon grounds or facilities of a school;
286 penalties; arrest.—
287 (5) As used in this section, the term “school” means the
288 grounds or any facility, including school buses, of any
289 kindergarten, elementary school, middle school, junior high
290 school, or secondary school, whether public or nonpublic.
291 Section 6. Subsection (6) and paragraph (b) of subsection
292 (7) of section 1001.42, Florida Statutes, are amended to read:
293 1001.42 Powers and duties of district school board.—The
294 district school board, acting as a board, shall exercise all
295 powers and perform all duties listed below:
296 (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
297 PERSONNEL AND SCHOOL ADMINISTRATORS.—Adopt policies establishing
298 standards of ethical conduct for instructional personnel and
299 school administrators. The policies must require all
300 instructional personnel and school administrators, as defined in
301 s. 1012.01, to complete training on the standards; establish the
302 duty of instructional personnel and school administrators to
303 report, and procedures for reporting, alleged misconduct by
304 other instructional personnel and school administrators which
305 affects the health, safety, or welfare of a student, including
306 misconduct that involves engaging in or soliciting sexual,
307 romantic, or lewd conduct with a student; require the district
308 school superintendent to report to law enforcement misconduct by
309 instructional personnel or school administrators that would
310 result in disqualification from educator certification or
311 employment as provided in s. 1012.315; and include an
312 explanation of the liability protections provided under ss.
313 39.203 and 768.095. A district school board, or any of its
314 employees, may not enter into a confidentiality agreement
315 regarding terminated or dismissed instructional personnel or
316 school administrators, or personnel or administrators who resign
317 in lieu of termination, based in whole or in part on misconduct
318 that affects the health, safety, or welfare of a student, and
319 may not provide instructional personnel or school administrators
320 with employment references or discuss the personnel’s or
321 administrators’ performance with prospective employers in
322 another educational setting, without disclosing the personnel’s
323 or administrators’ misconduct. Any part of an agreement or
324 contract that has the purpose or effect of concealing misconduct
325 by instructional personnel or school administrators which
326 affects the health, safety, or welfare of a student is void, is
327 contrary to public policy, and may not be enforced.
328 (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
329 instructional personnel and school administrators, as defined in
330 s. 1012.01, from employment in any position that requires direct
331 contact with students if the personnel or administrators are
332 ineligible for such employment under s. 1012.315. An elected or
333 appointed school board official forfeits his or her salary for 1
334 year if:
335 (b) The school board official knowingly fails to adopt
336 policies that require:
337 1. Instructional personnel and school administrators to
338 report alleged misconduct by other instructional personnel and
339 school administrators;
340 2. The district school superintendent to report misconduct
341 by instructional personnel or school administrators that would
342 result in disqualification from educator certification or
343 employment as provided in s. 1012.315 to the law enforcement
344 agencies with jurisdiction over the conduct; , or
345 3. that require The investigation of all reports of alleged
346 misconduct by instructional personnel and school administrators,
347 if the misconduct affects the health, safety, or welfare of a
349 Section 7. Subsection (12) of section 1001.51, Florida
350 Statutes, is amended to read:
351 1001.51 Duties and responsibilities of district school
352 superintendent.—The district school superintendent shall
353 exercise all powers and perform all duties listed below and
354 elsewhere in the law, provided that, in so doing, he or she
355 shall advise and counsel with the district school board. The
356 district school superintendent shall perform all tasks necessary
357 to make sound recommendations, nominations, proposals, and
358 reports required by law to be acted upon by the district school
359 board. All such recommendations, nominations, proposals, and
360 reports by the district school superintendent shall be either
361 recorded in the minutes or shall be made in writing, noted in
362 the minutes, and filed in the public records of the district
363 school board. It shall be presumed that, in the absence of the
364 record required in this section, the recommendations,
365 nominations, and proposals required of the district school
366 superintendent were not contrary to the action taken by the
367 district school board in such matters.
368 (12) RECORDS AND REPORTS.—Recommend such records as should
369 be kept in addition to those prescribed by rules of the State
370 Board of Education; prepare forms for keeping such records as
371 are approved by the district school board; ensure that such
372 records are properly kept; and make all reports that are needed
373 or required, as follows:
374 (a) Forms, blanks, and reports.—Require that all employees
375 accurately keep all records and promptly make in proper form all
376 reports required by the education code or by rules of the State
377 Board of Education; recommend the keeping of such additional
378 records and the making of such additional reports as may be
379 deemed necessary to provide data essential for the operation of
380 the school system; and prepare such forms and blanks as may be
381 required and ensure that these records and reports are properly
383 (b) Reports to the department.—Prepare, for the approval of
384 the district school board, all reports required by law or rules
385 of the State Board of Education to be made to the department and
386 transmit promptly all such reports, when approved, to the
387 department, as required by law. If any reports are not
388 transmitted at the time and in the manner prescribed by law or
389 by State Board of Education rules, the salary of the district
390 school superintendent must be withheld until the report has been
391 properly submitted. Unless otherwise provided by rules of the
392 State Board of Education, the annual report on attendance and
393 personnel is due on or before July 1, and the annual school
394 budget and the report on finance are due on the date prescribed
395 by the commissioner.
397 Any district school superintendent who knowingly signs and
398 transmits to any state official a report that the superintendent
399 knows to be false or incorrect; who knowingly fails to
400 investigate any allegation of misconduct by instructional
401 personnel or school administrators, as defined in s. 1012.01,
402 which affects the health, safety, or welfare of a student; or
403 who knowingly fails to report the alleged misconduct to the
404 department as required in s. 1012.796; or who knowingly fails to
405 report misconduct to the law enforcement agencies with
406 jurisdiction over the conduct pursuant to district school board
407 policy under s. 1001.42(6), forfeits his or her salary for 1
408 year following the date of such act or failure to act.
409 Section 8. Subsections (5) and (6) of section 1012.27,
410 Florida Statutes, are amended to read:
411 1012.27 Public school personnel; powers and duties of
412 district school superintendent.—The district school
413 superintendent is responsible for directing the work of the
414 personnel, subject to the requirements of this chapter, and in
415 addition the district school superintendent shall perform the
417 (5) SUSPENSION AND DISMISSAL; NOTIFICATION.—
418 (a) Suspend members of the instructional staff and other
419 school employees during emergencies for a period extending to
420 and including the day of the next regular or special meeting of
421 the district school board and notify the district school board
422 immediately of such suspension. When authorized to do so, serve
423 notice on the suspended member of the instructional staff of
424 charges made against him or her and of the date of hearing.
425 Recommend employees for dismissal under the terms prescribed
427 (b) Notify the parent of a student who was subjected to or
428 affected by misconduct identified under s. 1001.42(6) within 30
429 days after the date on which the school district learns of the
430 misconduct. The notification must inform the parent of:
431 1. The alleged misconduct, including which allegations have
432 been substantiated, if any.
433 2. Whether the district reported the misconduct to the
434 department, if required by s. 1012.796(1)(d).
435 3. The sanctions imposed by the school district against the
436 employee, if any.
437 4. The support the school district will make available to
438 the student in response to the misconduct.
439 (6) EMPLOYMENT HISTORY CHECKS.—Before employing a person
440 instructional personnel and school administrators, as defined in
441 s. 1012.01, in any position that requires direct contact with
442 students, conduct employment history checks of each of the
443 person’s personnel’s or administrators’ previous employers,
444 screen instructional the personnel and school or administrators,
445 as defined in s. 1012.01, through use of the educator screening
446 tools described in s. 1001.10(5), and document the findings. If
447 unable to contact a previous employer, the district school
448 superintendent shall document efforts to contact the employer.
449 Section 9. Paragraph (a) of subsection (2) and paragraph
450 (a) of subsection (3) of section 1012.31, Florida Statutes, are
451 amended to read:
452 1012.31 Personnel files.—Public school system employee
453 personnel files shall be maintained according to the following
455 (2)(a) Materials relating to work performance, discipline,
456 suspension, or dismissal must be reduced to writing and signed
457 by a person competent to know the facts or make the judgment.
458 The resignation or termination of an employee before an
459 investigation of alleged misconduct by the employee affecting
460 the health, safety, or welfare of a student is concluded must be
461 clearly indicated in the employee’s personnel file.
462 (3)(a) Public school system employee personnel files are
463 subject to the provisions of s. 119.07(1), except as follows:
464 1. Any complaint and any material relating to the
465 investigation of a complaint against an employee shall be
466 confidential and exempt from the provisions of s. 119.07(1)
467 until the conclusion of the preliminary investigation or until
468 such time as the preliminary investigation ceases to be active.
469 If the preliminary investigation is concluded with the finding
470 that there is no probable cause to proceed further and with no
471 disciplinary action taken or charges filed, a statement to that
472 effect signed by the responsible investigating official shall be
473 attached to the complaint, and the complaint and all such
474 materials shall be open thereafter to inspection pursuant to s.
475 119.07(1). If the preliminary investigation is concluded with
476 the finding that there is probable cause to proceed further or
477 with disciplinary action taken or charges filed, the complaint
478 and all such materials shall be open thereafter to inspection
479 pursuant to s. 119.07(1). If the preliminary investigation
480 ceases to be active, the complaint and all such materials shall
481 be open thereafter to inspection pursuant to s. 119.07(1). For
482 the purpose of this subsection, a preliminary investigation
483 shall be considered active as long as it is continuing with a
484 reasonable, good faith anticipation that an administrative
485 finding will be made in the foreseeable future. An investigation
486 shall be presumed to be inactive if no finding relating to
487 probable cause is made within 60 days after the complaint is
488 made. This subparagraph does not absolve the school district of
489 its duty to provide any legally sufficient complaint to the
490 department within 30 days after the date on which the subject
491 matter of the complaint comes to the attention of the school
492 district pursuant to s. 1012.796(1)(d)1., regardless of the
493 status of the complaint.
494 2. An employee evaluation prepared pursuant to s. 1012.33,
495 s. 1012.34, or s. 1012.56 or rules adopted by the State Board of
496 Education or district school board under the authority of those
497 sections shall be confidential and exempt from the provisions of
498 s. 119.07(1) until the end of the school year immediately
499 following the school year in which the evaluation was made. No
500 evaluation prepared before July 1, 1983, shall be made public
501 pursuant to this section.
502 3. No material derogatory to an employee shall be open to
503 inspection until 10 days after the employee has been notified
504 pursuant to paragraph (2)(c).
505 4. The payroll deduction records of an employee shall be
506 confidential and exempt from the provisions of s. 119.07(1).
507 5. Employee medical records, including psychiatric and
508 psychological records, shall be confidential and exempt from the
509 provisions of s. 119.07(1); however, at any hearing relative to
510 the competency or performance of an employee, the administrative
511 law judge, hearing officer, or panel shall have access to such
513 Section 10. Section 1012.315, Florida Statutes, is amended
514 to read:
515 1012.315 Disqualification from employment.—A person is
516 ineligible for educator certification or , and instructional
517 personnel and school administrators, as defined in s. 1012.01,
518 are ineligible for employment in any position that requires
519 direct contact with students in a district school system,
520 charter school, or private school that accepts scholarship
521 students under s. 1002.39 or s. 1002.395 , if the person ,
522 instructional personnel, or school administrator has been
523 convicted of:
524 (1) Any felony offense prohibited under any of the
525 following statutes:
526 (a) Section 393.135, relating to sexual misconduct with
527 certain developmentally disabled clients and reporting of such
528 sexual misconduct.
529 (b) Section 394.4593, relating to sexual misconduct with
530 certain mental health patients and reporting of such sexual
532 (c) Section 415.111, relating to adult abuse, neglect, or
533 exploitation of aged persons or disabled adults.
534 (d) Section 782.04, relating to murder.
535 (e) Section 782.07, relating to manslaughter, aggravated
536 manslaughter of an elderly person or disabled adult, aggravated
537 manslaughter of a child, or aggravated manslaughter of an
538 officer, a firefighter, an emergency medical technician, or a
540 (f) Section 784.021, relating to aggravated assault.
541 (g) Section 784.045, relating to aggravated battery.
542 (h) Section 784.075, relating to battery on a detention or
543 commitment facility staff member or a juvenile probation
545 (i) Section 787.01, relating to kidnapping.
546 (j) Section 787.02, relating to false imprisonment.
547 (k) Section 787.025, relating to luring or enticing a
549 (l) Section 787.04(2), relating to leading, taking,
550 enticing, or removing a minor beyond the state limits, or
551 concealing the location of a minor, with criminal intent pending
552 custody proceedings.
553 (m) Section 787.04(3), relating to leading, taking,
554 enticing, or removing a minor beyond the state limits, or
555 concealing the location of a minor, with criminal intent pending
556 dependency proceedings or proceedings concerning alleged abuse
557 or neglect of a minor.
558 (n) Section 790.115(1), relating to exhibiting firearms or
559 weapons at a school-sponsored event, on school property, or
560 within 1,000 feet of a school.
561 (o) Section 790.115(2)(b), relating to possessing an
562 electric weapon or device, destructive device, or other weapon
563 at a school-sponsored event or on school property.
564 (p) Section 794.011, relating to sexual battery.
565 (q) Former s. 794.041, relating to sexual activity with or
566 solicitation of a child by a person in familial or custodial
568 (r) Section 794.05, relating to unlawful sexual activity
569 with certain minors.
570 (s) Section 794.08, relating to female genital mutilation.
571 (t) Chapter 796, relating to prostitution.
572 (u) Chapter 800, relating to lewdness and indecent
574 (v) Section 800.101, relating to offenses against students
575 by authority figures.
576 (w) (v) Section 806.01, relating to arson.
577 (x) (w) Section 810.14, relating to voyeurism.
578 (y) (x) Section 810.145, relating to video voyeurism.
579 (z) (y) Section 812.014(6), relating to coordinating the
580 commission of theft in excess of $3,000.
581 (aa) (z) Section 812.0145, relating to theft from persons 65
582 years of age or older.
583 (bb) (aa) Section 812.019, relating to dealing in stolen
585 (cc) (bb) Section 812.13, relating to robbery.
586 (dd) (cc) Section 812.131, relating to robbery by sudden
588 (ee) (dd) Section 812.133, relating to carjacking.
589 (ff) (ee) Section 812.135, relating to home-invasion
591 (gg) (ff) Section 817.563, relating to fraudulent sale of
592 controlled substances.
593 (hh) (gg) Section 825.102, relating to abuse, aggravated
594 abuse, or neglect of an elderly person or disabled adult.
595 (ii) (hh) Section 825.103, relating to exploitation of an
596 elderly person or disabled adult.
597 (jj) (ii) Section 825.1025, relating to lewd or lascivious
598 offenses committed upon or in the presence of an elderly person
599 or disabled person.
600 (kk) (jj) Section 826.04, relating to incest.
601 (ll) (kk) Section 827.03, relating to child abuse,
602 aggravated child abuse, or neglect of a child.
603 (mm) (ll) Section 827.04, relating to contributing to the
604 delinquency or dependency of a child.
605 (nn) (mm) Section 827.071, relating to sexual performance by
606 a child.
607 (oo) (nn) Section 843.01, relating to resisting arrest with
609 (pp) (oo) Chapter 847, relating to obscenity.
610 (qq) (pp) Section 874.05, relating to causing, encouraging,
611 soliciting, or recruiting another to join a criminal street
613 (rr) (qq) Chapter 893, relating to drug abuse prevention and
614 control, if the offense was a felony of the second degree or
615 greater severity.
616 (ss) (rr) Section 916.1075, relating to sexual misconduct
617 with certain forensic clients and reporting of such sexual
619 (tt) (ss) Section 944.47, relating to introduction, removal,
620 or possession of contraband at a correctional facility.
621 (uu) (tt) Section 985.701, relating to sexual misconduct in
622 juvenile justice programs.
623 (vv) (uu) Section 985.711, relating to introduction,
624 removal, or possession of contraband at a juvenile detention
625 facility or commitment program.
626 (2) Any misdemeanor offense prohibited under any of the
627 following statutes:
628 (a) Section 784.03, relating to battery, if the victim of
629 the offense was a minor.
630 (b) Section 787.025, relating to luring or enticing a
632 (3) Any criminal act committed in another state or under
633 federal law which, if committed in this state, constitutes an
634 offense prohibited under any statute listed in subsection (1) or
635 subsection (2).
636 (4) Any delinquent act committed in this state or any
637 delinquent or criminal act committed in another state or under
638 federal law which, if committed in this state, qualifies an
639 individual for inclusion on the Registered Juvenile Sex Offender
640 List under s. 943.0435(1)(h)1.d.
641 Section 11. Subsection (12) of section 1012.56, Florida
642 Statutes, is amended to read:
643 1012.56 Educator certification requirements.—
644 (12) DENIAL OF CERTIFICATE.—
645 (a) The Department of Education may deny an applicant a
646 certificate if the department possesses evidence satisfactory to
647 it that the applicant has committed an act or acts, or that a
648 situation exists, for which the Education Practices Commission
649 would be authorized to discipline a certified educator revoke a
650 teaching certificate.
651 (b) The decision of the department is subject to review by
652 the Education Practices Commission upon the filing of a written
653 request from the applicant within 20 days after receipt of the
654 notice of denial. Upon review, the commission may deny the award
655 of a certificate, bar an applicant from reapplying for a
656 certificate, or allow the award of a certificate with one or
657 more of the following conditions:
658 1. Probation for a period of time.
659 2. Restriction on the scope of practice.
660 3. Issuance of a letter of reprimand.
661 4. Referral to the recovery network program provided in s.
662 1012.798 under such terms and conditions as the commission may
664 5. Imposition of an administrative fine not to exceed
665 $2,000 for each count or separate offense.
666 Section 12. Subsections (1) and (5) of section 1012.795,
667 Florida Statutes, are amended to read:
668 1012.795 Education Practices Commission; authority to
670 (1) The Education Practices Commission may suspend the
671 educator certificate of any instructional personnel or school
672 administrator, person as defined in s. 1012.01(2) or (3), for up
673 to 5 years, thereby denying that person the right to teach or
674 otherwise be employed by a district school board or public
675 school in any capacity requiring direct contact with students
676 for that period of time, after which the person holder may
677 return to teaching as provided in subsection (4); may revoke the
678 educator certificate of any person, thereby denying that person
679 the right to teach or otherwise be employed by a district school
680 board or public school in any capacity requiring direct contact
681 with students for up to 10 years, with reinstatement subject to
682 the provisions of subsection (4); may permanently revoke
683 permanently the educator certificate of any person thereby
684 denying that person the right to teach or otherwise be employed
685 by a district school board or public school in any capacity
686 requiring direct contact with students; may suspend a person’s
687 the educator certificate, upon an order of the court or notice
688 by the Department of Revenue relating to the payment of child
689 support; or may impose any other penalty provided by law, if the
691 (a) Obtained or attempted to obtain an educator certificate
692 by fraudulent means.
693 (b) Knowingly failed to report actual or suspected child
694 abuse as required in s. 1006.061 or report alleged misconduct by
695 instructional personnel or school administrators which affects
696 the health, safety, or welfare of a student as required in s.
698 (c) Has proved to be incompetent to teach or to perform
699 duties as an employee of the public school system or to teach in
700 or to operate a private school.
701 (d) Has been guilty of gross immorality or an act involving
702 moral turpitude as defined by rule of the State Board of
703 Education, including engaging in or soliciting sexual, romantic,
704 or lewd conduct with a student or minor.
705 (e) Has had an educator certificate or other professional
706 license sanctioned by this or any other revocation, suspension,
707 or surrender in another state or has had the authority to
708 practice the regulated profession revoked, suspended, or
709 otherwise acted against, including a denial of certification or
710 licensure, by the licensing or certifying authority of any
711 jurisdiction, including its agencies and subdivisions. The
712 licensing or certifying authority’s acceptance of a
713 relinquishment, stipulation, consent order, or other settlement
714 offered in response to or in anticipation of the filing of
715 charges against the licensee or certificateholder shall be
716 construed as action against the license or certificate. For
717 purposes of this section, a sanction or action against a
718 professional license, a certificate, or an authority to practice
719 a regulated profession must relate to being an educator or the
720 fitness of or ability to be an educator.
721 (f) Has been convicted or found guilty of, has had
722 adjudication withheld for, or has pled entered a plea of guilty
723 or nolo contendere to , regardless of adjudication of guilt, a
724 misdemeanor, felony, or any other criminal charge, other than a
725 minor traffic violation.
726 (g) Upon investigation, has been found guilty of personal
727 conduct that seriously reduces that person’s effectiveness as an
728 employee of the district school board.
729 (h) Has breached a contract, as provided in s. 1012.33(2)
730 or s. 1012.335.
731 (i) Has been the subject of a court order or notice by the
732 Department of Revenue pursuant to s. 409.2598 directing the
733 Education Practices Commission to suspend the certificate as a
734 result of noncompliance with a child support order, a subpoena,
735 an order to show cause, or a written agreement with the
736 Department of Revenue.
737 (j) Has violated the Principles of Professional Conduct for
738 the Education Profession prescribed by State Board of Education
740 (k) Has otherwise violated the provisions of law, the
741 penalty for which is the revocation of the educator certificate.
742 (l) Has violated any order of the Education Practices
744 (m) Has been the subject of a court order or plea agreement
745 in any jurisdiction which requires the certificateholder to
746 surrender or otherwise relinquish his or her educator’s
747 certificate. A surrender or relinquishment shall be for
748 permanent revocation of the certificate. A person may not
749 surrender or otherwise relinquish his or her certificate prior
750 to a finding of probable cause by the commissioner as provided
751 in s. 1012.796.
752 (n) Has been disqualified from educator certification under
753 s. 1012.315.
754 (o) Has committed a third recruiting offense as determined
755 by the Florida High School Athletic Association (FHSAA) pursuant
756 to s. 1006.20(2)(b).
757 (p) Has violated test security as provided in s. 1008.24.
758 (5) Each district school superintendent and the governing
759 authority of each university lab school, state-supported school,
760 private school, and the FHSAA shall report to the department the
761 name of any person certified pursuant to this chapter or
762 employed and qualified pursuant to s. 1012.39:
763 (a) Who has been convicted or found guilty of, who has had
764 adjudication withheld for, or who has pled guilty or nolo
765 contendere to , a misdemeanor, felony, or any other criminal
766 charge, other than a minor traffic infraction;
767 (b) Who that official has reason to believe has committed
768 or is found to have committed any act which would be a ground
769 for revocation or suspension under subsection (1); or
770 (c) Who has been dismissed or severed from employment
771 because of conduct involving any immoral, unnatural, or
772 lascivious act.
773 Section 13. Paragraphs (d) and (e) of subsection (1) and
774 paragraphs (a) and (d) of subsection (7) of section 1012.796,
775 Florida Statutes, are amended to read:
776 1012.796 Complaints against teachers and administrators;
777 procedure; penalties.—
779 (d)1. Each school district shall file in writing with the
780 department all legally sufficient complaints within 30 days
781 after the date on which subject matter of the complaint comes to
782 the attention of the school district, regardless of whether the
783 subject of the complaint is still an employee of the school
784 district. A complaint is legally sufficient if it contains
785 ultimate facts that show a violation has occurred as provided in
786 s. 1012.795 and defined by rule of the State Board of Education.
787 The school district shall include all information relating to
788 the complaint which is known to the school district at the time
789 of filing.
790 2. A school district shall immediately notify the
791 department if the subject of a legally sufficient complaint of
792 misconduct affecting the health, safety, or welfare of a student
793 resigns or is terminated before the conclusion of the school
794 district’s investigation. Upon receipt of the notification, the
795 department shall place an alert on the person’s certification
796 file indicating that he or she resigned or was terminated before
797 an investigation involving allegations of misconduct affecting
798 the health, safety, or welfare of a student was concluded. In
799 such circumstances, the database may not include specific
800 information relating to the alleged misconduct until permitted
801 by subsection (4).
802 3. Each district school board shall develop and adopt
803 policies and procedures to comply with this reporting
804 requirement. School board policies and procedures must include
805 standards for screening, hiring, and terminating instructional
806 personnel and school administrators, as defined in s. 1012.01;
807 standards of ethical conduct for instructional personnel and
808 school administrators; the duties of instructional personnel and
809 school administrators for upholding the standards; detailed
810 procedures for reporting alleged misconduct by instructional
811 personnel and school administrators which affects the health,
812 safety, or welfare of a student; requirements for the
813 reassignment of instructional personnel or school administrators
814 pending the outcome of a misconduct investigation; and penalties
815 for failing to comply with s. 1001.51 or s. 1012.795. The
816 district school board policies and procedures shall include
817 appropriate penalties for all personnel of the district school
818 board for nonreporting and procedures for promptly informing the
819 district school superintendent of each legally sufficient
820 complaint. The district school superintendent is charged with
821 knowledge of these policies and procedures and is accountable
822 for the training of all instructional personnel and school
823 administrators of the school district on the standards of
824 ethical conduct, policies, and procedures.
825 4. If the district school superintendent has knowledge of a
826 legally sufficient complaint and does not report the complaint,
827 or fails to enforce the policies and procedures of the district
828 school board, and fails to comply with the requirements of this
829 subsection, in addition to other actions against
830 certificateholders authorized by law, the district school
831 superintendent is subject to penalties as specified in s.
833 5. If the superintendent determines that misconduct by
834 instructional personnel or school administrators who hold an
835 educator certificate affects the health, safety, or welfare of a
836 student and the misconduct warrants termination, the
837 instructional personnel or school administrators may resign or
838 be terminated, and the superintendent must report the misconduct
839 to the department in the format prescribed by the department.
840 The department shall maintain each report of misconduct as a
841 public record in the instructional personnel’s or school
842 administrators’ certification files. This paragraph does not
843 limit or restrict the power and duty of the department to
844 investigate complaints, regardless of the school district’s
845 untimely filing, or failure to file, complaints and followup
847 (e) If allegations arise against an employee who is
848 certified under s. 1012.56 and employed in an educator
849 certificated position in any public school, charter school or
850 governing board thereof, or private school that accepts
851 scholarship students under s. 1002.39 or s. 1002.395, the school
852 shall file in writing with the department a legally sufficient
853 complaint within 30 days after the date on which the subject
854 matter of the complaint came to the attention of the school,
855 regardless of whether the subject of the allegations is still an
856 employee of the school. A complaint is legally sufficient if it
857 contains ultimate facts that show a violation has occurred as
858 provided in s. 1012.795 and defined by rule of the State Board
859 of Education. The school shall include all known information
860 relating to the complaint with the filing of the complaint. This
861 paragraph does not limit or restrict the power and duty of the
862 department to investigate complaints, regardless of the school’s
863 untimely filing, or failure to file, complaints and followup
864 reports. A school described in this paragraph shall immediately
865 notify the department if the subject of a legally sufficient
866 complaint of misconduct affecting the health, safety, or welfare
867 of a student resigns or is terminated before the conclusion of
868 the school’s investigation. Upon receipt of the notification,
869 the department shall place an alert on the person’s
870 certification file indicating that he or she resigned or was
871 terminated before an investigation involving allegations of
872 misconduct affecting the health, safety, or welfare of a student
873 was concluded. In such circumstances, the database may not
874 include specific information relating to the alleged misconduct
875 until permitted by subsection (4).
876 (7) A panel of the commission shall enter a final order
877 either dismissing the complaint or imposing one or more of the
878 following penalties:
879 (a) Denial of an application for a teaching certificate or
880 for an administrative or supervisory endorsement on a teaching
881 certificate. The denial may provide that the applicant may not
882 reapply for certification, and that the department may refuse to
883 consider that applicant’s application, for a specified period of
884 time or permanently.
885 (d) Placement of the teacher, administrator, or supervisor
886 on probation for a period of time and subject to such conditions
887 as the commission may specify, including requiring the certified
888 teacher, administrator, or supervisor to complete additional
889 appropriate college courses or work with another certified
890 educator, with the administrative costs of monitoring the
891 probation assessed to the educator placed on probation. An
892 educator who has been placed on probation shall, at a minimum:
893 1. Immediately notify the investigative office in the
894 Department of Education upon employment or separation from
895 termination of employment in the state in any public or private
896 position requiring a Florida educator’s certificate.
897 2. Have his or her immediate supervisor submit annual
898 performance reports to the investigative office in the
899 Department of Education.
900 3. Pay to the commission within the first 6 months of each
901 probation year the administrative costs of monitoring probation
902 assessed to the educator.
903 4. Violate no law and fully comply with all district school
904 board policies, school rules, and State Board of Education
906 5. Satisfactorily perform his or her assigned duties in a
907 competent, professional manner.
908 6. Bear all costs of complying with the terms of a final
909 order entered by the commission.
911 The penalties imposed under this subsection are in addition to,
912 and not in lieu of, the penalties required for a third
913 recruiting offense pursuant to s. 1006.20(2)(b).
914 Section 14. Paragraph (b) of subsection (3) of section
915 1008.22, Florida Statutes, is amended to read:
916 1008.22 Student assessment program for public schools.—
917 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
918 Commissioner of Education shall design and implement a
919 statewide, standardized assessment program aligned to the core
920 curricular content established in the Next Generation Sunshine
921 State Standards. The commissioner also must develop or select
922 and implement a common battery of assessment tools that will be
923 used in all juvenile justice education programs in the state.
924 These tools must accurately measure the core curricular content
925 established in the Next Generation Sunshine State Standards.
926 Participation in the assessment program is mandatory for all
927 school districts and all students attending public schools,
928 including adult students seeking a standard high school diploma
929 under s. 1003.4282 and students in Department of Juvenile
930 Justice education programs, except as otherwise provided by law.
931 If a student does not participate in the assessment program, the
932 school district must notify the student’s parent and provide the
933 parent with information regarding the implications of such
934 nonparticipation. The statewide, standardized assessment program
935 shall be designed and implemented as follows:
936 (b) End-of-course (EOC) assessments.—EOC assessments must
937 be statewide, standardized, and developed or approved by the
938 Department of Education as follows:
939 1. EOC assessments for Algebra I, Geometry, Biology I,
940 United States History, and Civics shall be administered to
941 students enrolled in such courses as specified in the course
942 code directory.
943 2. Students enrolled in a course, as specified in the
944 course code directory, with an associated statewide,
945 standardized EOC assessment must take the EOC assessment for
946 such course and may not take the corresponding subject or grade
947 level statewide, standardized assessment pursuant to paragraph
948 (a). Sections 1003.4156 and 1003.4282 govern the use of
949 statewide, standardized EOC assessment results for students.
950 3. The commissioner may select one or more nationally
951 developed comprehensive examinations, which may include
952 examinations for a College Board Advanced Placement course,
953 International Baccalaureate course, or Advanced International
954 Certificate of Education course, or industry-approved
955 examinations to earn national industry certifications identified
956 in the CAPE Industry Certification Funding List, for use as EOC
957 assessments under this paragraph if the commissioner determines
958 that the content knowledge and skills assessed by the
959 examinations meet or exceed the grade-level expectations for the
960 core curricular content established for the course in the Next
961 Generation Sunshine State Standards. Use of any such examination
962 as an EOC assessment must be approved by the state board in
964 4. Contingent upon funding provided in the General
965 Appropriations Act, including the appropriation of funds
966 received through federal grants, the commissioner may establish
967 an implementation schedule for the development and
968 administration of additional statewide, standardized EOC
969 assessments that must be approved by the state board in rule. If
970 approved by the state board, student performance on such
971 assessments constitutes 30 percent of a student’s final course
973 5. All statewide, standardized EOC assessments must be
974 administered online except as otherwise provided in paragraph
976 6. A student enrolled in an Advanced Placement (AP),
977 International Baccalaureate (IB), or Advanced International
978 Certificate of Education (AICE) course who takes the respective
979 AP, IB, or AICE assessment and earns the minimum score necessary
980 to earn college credit, as identified in s. 1007.27(2), meets
981 the requirements of this paragraph and does not have to take the
982 EOC assessment for the corresponding course.
983 Section 15. Except for section 3 of this act, which shall
984 take effect upon this act becoming a law, and except for
985 sections 4 and 5 of this act, which shall take effect October 1,
986 2018, this act shall take effect July 1, 2018.
988 ================= T I T L E A M E N D M E N T ================
989 And the title is amended as follows:
990 Delete everything before the enacting clause
991 and insert:
992 A bill to be entitled
993 An act relating to K-12 public education; amending s.
994 121.091, F.S.; revising limitations on the maximum
995 length of participation in the Deferred Retirement
996 Option Program for certain instructional personnel and
997 administrative personnel; requiring an employer to
998 notify the Division of Retirement of the Department of
999 Management Services regarding any change in
1000 termination date and program participation for each
1001 affected member; providing a statement of important
1002 state interest; amending s. 1007.2616, F.S.; providing
1003 a definition; providing requirements for specified
1004 instruction relating to computer science; requiring
1005 certain computer science courses to be included in the
1006 Course Code Directory and published on the Department
1007 of Education’s website by a specified date; requiring
1008 the Florida Virtual School to offer certain computer
1009 science courses; requiring school districts to provide
1010 access to computer science courses offered by the
1011 Florida Virtual School or by other means under certain
1012 circumstances; providing funds for school districts to
1013 provide professional development for classroom
1014 teachers; providing Department of Education
1015 responsibilities for the distribution of such funds;
1016 requiring high school students to be provided
1017 opportunities to take certain courses to meet certain
1018 graduation requirements; providing funds for bonuses
1019 for certain classroom teachers; requiring, rather than
1020 authorizing, the State Board of Education to adopt
1021 rules; creating s. 800.101, F.S.; providing
1022 definitions; prohibiting certain conduct with students
1023 by authority figures; providing penalties; providing
1024 exceptions; amending s. 810.097, F.S.; including
1025 school buses within the definition of the term
1026 “school” for purposes of trespass upon grounds or
1027 facilities of a school; amending s. 1001.42, F.S.;
1028 requiring school districts to adopt certain standards
1029 of ethical conduct; requiring the district school
1030 superintendent to report certain misconduct to law
1031 enforcement agencies; amending s. 1001.51, F.S.;
1032 providing for the forfeiture of a district school
1033 superintendent’s salary for a specified period for
1034 failure to report certain misconduct to law
1035 enforcement agencies; amending s. 1012.27, F.S.;
1036 requiring the district school superintendent to notify
1037 a parent of specified information relating to
1038 allegations of misconduct by instructional personnel
1039 or school administrators; amending s. 1012.31, F.S.;
1040 requiring a resignation or termination before an
1041 investigation of certain misconduct is concluded to be
1042 indicated in a personnel file; specifying that legally
1043 sufficient complaints of certain misconduct must be
1044 reported to the Department of Education; amending s.
1045 1012.315, F.S.; expanding the scope of provisions
1046 requiring the disqualification of persons convicted of
1047 certain offenses to apply to all persons who are
1048 required to have contact with students; providing an
1049 additional offense that disqualifies such persons from
1050 employment; amending s. 1012.56, F.S.; authorizing the
1051 Department of Education to deny applicants for
1052 certification if the applicant could be disciplined by
1053 the Education Practices Commission; authorizing the
1054 commission to approve an application with certain
1055 conditions; amending s. 1012.795, F.S.; authorizing
1056 the commission to take certain actions against persons
1057 who meet specified criteria; revising reporting
1058 requirements concerning specified misconduct by
1059 certified personnel; amending s. 1012.796, F.S.;
1060 requiring a school district to file certain complaints
1061 with the Department of Education even if the subject
1062 of the complaint is no longer employed by the
1063 district; requiring certain information be included on
1064 an educator’s certificate file; requiring certified
1065 educators who are placed on probation to immediately
1066 notify a specified office upon separation from, rather
1067 than termination of, employment; amending s. 1008.22,
1068 F.S.; specifying that certain students enrolled in
1069 specified courses do not have to take the
1070 corresponding end-of-course assessment; providing
1071 effective dates.