Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1864
Ì919762AÎ919762
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (4) and (5) of section 1001.10,
6 Florida Statutes, are amended to read:
7 1001.10 Commissioner of Education; general powers and
8 duties.—
9 (4) The Department of Education shall:
10 (a) Provide technical assistance to school districts,
11 charter schools, the Florida School for the Deaf and the Blind,
12 and private schools that accept scholarship students who
13 participate in a state scholarship program under chapter 1002 in
14 the development of policies, procedures, and training related to
15 employment practices and standards of ethical conduct for
16 instructional personnel and school administrators, as defined in
17 s. 1012.01.
18 (b) Maintain a disqualification list that includes all of
19 the following:
20 1. The identity of each person who has been permanently
21 denied an educator certificate or whose educator certificate has
22 been permanently revoked and has been placed on the list as
23 directed by the Education Practices Commission pursuant to s.
24 1012.795(1) or s. 1012.796(7).
25 2. The identity of each person who has been permanently
26 disqualified by the commissioner from owning or operating a
27 private school that participates in state scholarship programs
28 under s. 1002.421.
29 3. The identity of each person who has been terminated, or
30 has resigned in lieu of termination, from employment as a result
31 of sexual misconduct with a student.
32 4. The identity of each person who is ineligible for
33 educator certification or employment pursuant to s. 1012.315.
34 (c) The department may remove a person from the
35 disqualification list if the person demonstrates that:
36 1. A completed law enforcement investigation resulted in an
37 exoneration or no conviction or finding of guilt and a completed
38 investigation and proceeding, as applicable, by the responsible
39 education agency resulted in a finding that the person did not
40 commit disqualifying conduct;
41 2. The person was not the subject of the report of
42 disqualifying conduct and was included on the disqualification
43 list in error or as a result of mistaken identity; or
44 3. The employer that submitted the person for inclusion on
45 the disqualification list requests that the person be removed
46 and submits documentation to support the request.
47 (d) The State Board of Education shall adopt rules to
48 implement this subsection.
49 (5) The Department of Education shall provide authorized
50 staff of school districts, charter schools, the Florida School
51 for the Deaf and the Blind, and private schools that accept
52 scholarship students who participate in a state scholarship
53 program under chapter 1002 with access to electronic
54 verification of information from the following employment
55 screening tools:
56 (a) The Professional Practices’ Database of Disciplinary
57 Actions Against Educators.; and
58 (b) The department’s Department of Education’s Teacher
59 Certification Database.
60 (c) The department’s disqualification list under paragraph
61 (4)(b).
62
63 This subsection does not require the department to provide these
64 staff with unlimited access to the databases. However, the
65 department shall provide the staff with access to the data
66 necessary for performing employment history checks of the
67 persons instructional personnel and school administrators
68 included in the databases.
69 Section 2. Subsections (6) and (7) of section 1001.42,
70 Florida Statutes, are amended to read:
71 1001.42 Powers and duties of district school board.—The
72 district school board, acting as a board, shall exercise all
73 powers and perform all duties listed below:
74 (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
75 PERSONNEL, ADMINISTRATIVE PERSONNEL, AND SCHOOL OFFICERS.—Adopt
76 policies establishing standards of ethical conduct for
77 educational support employees, instructional personnel,
78 administrative personnel, and school officers. The policies must
79 require all educational support employees, instructional
80 personnel, administrative personnel, and school officers, as
81 defined in s. 1012.01, to complete training on the standards;
82 establish the duty of educational support employees,
83 instructional personnel, administrative personnel, and school
84 officers to report, and procedures for reporting, alleged
85 misconduct by other educational support employees, instructional
86 or administrative personnel, and school officers which affects
87 the health, safety, or welfare of a student, including
88 misconduct that involves engaging in or soliciting sexual,
89 romantic, or lewd conduct with a student; require the district
90 school superintendent to report to law enforcement misconduct by
91 educational support employees, instructional personnel, or
92 school administrators that would result in disqualification from
93 educator certification or employment as provided in s. 1012.315;
94 and include an explanation of the liability protections provided
95 under ss. 39.203 and 768.095. A district school board, or any of
96 its employees or personnel, may not enter into a confidentiality
97 agreement regarding terminated or dismissed educational support
98 employees, instructional or administrative personnel, or school
99 officers who resign in lieu of termination, based in whole or in
100 part on misconduct that affects the health, safety, or welfare
101 of a student, and may not provide educational support employees,
102 instructional personnel, administrative personnel, or school
103 officers with employment references or discuss the employees’,
104 personnel’s, or officers’ performance with prospective employers
105 in another educational setting, without disclosing the
106 employees’, personnel’s, or officers’ misconduct. Any part of an
107 agreement or contract that has the purpose or effect of
108 concealing misconduct by educational support employees,
109 instructional personnel, administrative personnel, or school
110 officers which affects the health, safety, or welfare of a
111 student is void, is contrary to public policy, and may not be
112 enforced.
113 (7) PROHIBITION DISQUALIFICATION FROM EMPLOYMENT.—Prohibit
114 educational support employees, Disqualify instructional
115 personnel, and administrative personnel, as defined in s.
116 1012.01, from employment in any position that requires direct
117 contact with students if the employees or personnel are
118 ineligible for such employment under s. 1012.315 or have been
119 terminated or resigned in lieu of termination for sexual
120 misconduct with a student. If the prohibited conduct occurs
121 while employed, the district school board must report the
122 employees or personnel and the disqualifying circumstances to
123 the department for inclusion on the disqualification list
124 maintained by the department pursuant s. 1001.10(4)(b). An
125 elected or appointed school board official forfeits his or her
126 salary for 1 year if:
127 (a) The school board official knowingly signs and transmits
128 to any state official a report of alleged misconduct by
129 educational support employees, instructional personnel, or
130 administrative personnel which affects the health, safety, or
131 welfare of a student and the school board official knows the
132 report to be false or incorrect; or
133 (b) The school board official knowingly fails to adopt
134 policies that require:
135 1. Educational support employees, instructional personnel,
136 and administrative personnel to report alleged misconduct by
137 other educational support employees, instructional personnel,
138 and administrative personnel;
139 2. The district school superintendent to report misconduct
140 by educational support employees, instructional personnel, or
141 school administrators that would result in disqualification from
142 educator certification or employment as provided in s. 1012.315
143 to the law enforcement agencies with jurisdiction over the
144 conduct; or
145 3. The investigation of all reports of alleged misconduct
146 by educational support employees, instructional personnel, and
147 administrative personnel, if the misconduct affects the health,
148 safety, or welfare of a student, regardless of whether the
149 person resigned or was terminated before the conclusion of the
150 investigation. The policies must require the district school
151 superintendent to notify the department of the result of the
152 investigation and whether the misconduct warranted termination,
153 regardless of whether the person resigned or was terminated
154 before the conclusion of the investigation.
155 Section 3. Subsection (12) of section 1001.51, Florida
156 Statutes, is amended to read:
157 1001.51 Duties and responsibilities of district school
158 superintendent.—The district school superintendent shall
159 exercise all powers and perform all duties listed below and
160 elsewhere in the law, provided that, in so doing, he or she
161 shall advise and counsel with the district school board. The
162 district school superintendent shall perform all tasks necessary
163 to make sound recommendations, nominations, proposals, and
164 reports required by law to be acted upon by the district school
165 board. All such recommendations, nominations, proposals, and
166 reports by the district school superintendent shall be either
167 recorded in the minutes or shall be made in writing, noted in
168 the minutes, and filed in the public records of the district
169 school board. It shall be presumed that, in the absence of the
170 record required in this section, the recommendations,
171 nominations, and proposals required of the district school
172 superintendent were not contrary to the action taken by the
173 district school board in such matters.
174 (12) RECORDS AND REPORTS.—Recommend such records as should
175 be kept in addition to those prescribed by rules of the State
176 Board of Education; prepare forms for keeping such records as
177 are approved by the district school board; ensure that such
178 records are properly kept; and make all reports that are needed
179 or required, as follows:
180 (a) Forms, blanks, and reports.—Require that all employees
181 accurately keep all records and promptly make in proper form all
182 reports required by the education code or by rules of the State
183 Board of Education; recommend the keeping of such additional
184 records and the making of such additional reports as may be
185 deemed necessary to provide data essential for the operation of
186 the school system; and prepare such forms and blanks as may be
187 required and ensure that these records and reports are properly
188 prepared.
189 (b) Reports to the department.—Prepare, for the approval of
190 the district school board, all reports required by law or rules
191 of the State Board of Education to be made to the department and
192 transmit promptly all such reports, when approved, to the
193 department, as required by law. If any reports are not
194 transmitted at the time and in the manner prescribed by law or
195 by State Board of Education rules, the salary of the district
196 school superintendent must be withheld until the report has been
197 properly submitted. Unless otherwise provided by rules of the
198 State Board of Education, the annual report on attendance and
199 personnel is due on or before July 1, and the annual school
200 budget and the report on finance are due on the date prescribed
201 by the commissioner.
202
203 Any district school superintendent who knowingly signs and
204 transmits to any state official a report that the superintendent
205 knows to be false or incorrect; who knowingly fails to complete
206 the investigation of investigate any allegation of misconduct
207 that by instructional personnel or school administrators, as
208 defined in s. 1012.01, which affects the health, safety, or
209 welfare of a student, that would be a violation of s. 800.101,
210 or that would be a disqualifying offense under s. 1012.315, or
211 any allegation of sexual misconduct with a student; who
212 knowingly fails to report the alleged misconduct to the
213 department as required in s. 1012.796; or who knowingly fails to
214 report misconduct to the law enforcement agencies with
215 jurisdiction over the conduct pursuant to district school board
216 policy under s. 1001.42(6), forfeits his or her salary for 1
217 year following the date of such act or failure to act.
218 Section 4. Paragraph (g) of subsection (12) of section
219 1002.33, Florida Statutes, is amended to read:
220 1002.33 Charter schools.—
221 (12) EMPLOYEES OF CHARTER SCHOOLS.—
222 (g)1. A charter school shall employ or contract with
223 employees who have undergone background screening as provided in
224 s. 1012.32. Members of the governing board of the charter school
225 shall also undergo background screening in a manner similar to
226 that provided in s. 1012.32. An individual may not be employed
227 as an employee or contract personnel of a charter school or
228 serve as a member of a charter school governing board if the
229 individual is on the disqualification list maintained by the
230 department pursuant to s. 1001.10(4)(b).
231 2. A charter school shall prohibit educational support
232 employees, disqualify instructional personnel, and school
233 administrators, as defined in s. 1012.01, from employment in any
234 position that requires direct contact with students if the
235 employees, personnel, or administrators are ineligible for such
236 employment under s. 1012.315 or have been terminated or resigned
237 in lieu of termination for sexual misconduct with a student. If
238 the prohibited conduct occurs while employed, a charter school
239 must report the individual and the disqualifying circumstances
240 to the department for inclusion on the disqualification list
241 maintained pursuant to s. 1001.10(4)(b).
242 3. The governing board of a charter school shall adopt
243 policies establishing standards of ethical conduct for
244 educational support employees, instructional personnel, and
245 school administrators. The policies must require all educational
246 support employees, instructional personnel, and school
247 administrators, as defined in s. 1012.01, to complete training
248 on the standards; establish the duty of educational support
249 employees, instructional personnel, and school administrators to
250 report, and procedures for reporting, alleged misconduct that by
251 other instructional personnel and school administrators which
252 affects the health, safety, or welfare of a student; and include
253 an explanation of the liability protections provided under ss.
254 39.203 and 768.095. A charter school, or any of its employees,
255 may not enter into a confidentiality agreement regarding
256 terminated or dismissed educational support employees,
257 instructional personnel, or school administrators, or employees,
258 personnel, or administrators who resign in lieu of termination,
259 based in whole or in part on misconduct that affects the health,
260 safety, or welfare of a student, and may not provide employees,
261 instructional personnel, or school administrators with
262 employment references or discuss the employees’, personnel’s, or
263 administrators’ performance with prospective employers in
264 another educational setting, without disclosing the employees’,
265 personnel’s, or administrators’ misconduct. Any part of an
266 agreement or contract that has the purpose or effect of
267 concealing misconduct by educational support employees,
268 instructional personnel, or school administrators which affects
269 the health, safety, or welfare of a student is void, is contrary
270 to public policy, and may not be enforced.
271 4. Before employing an individual instructional personnel
272 or school administrators in any position that requires direct
273 contact with students, a charter school shall conduct employment
274 history checks of each individual of the personnel’s or
275 administrators’ previous employers, screen the instructional
276 personnel or school administrators through use of the educator
277 screening tools described in s. 1001.10(5), and document the
278 findings. If unable to contact a previous employer, the charter
279 school must document efforts to contact the employer.
280 5. The sponsor of a charter school that knowingly fails to
281 comply with this paragraph shall terminate the charter under
282 subsection (8).
283 Section 5. Paragraphs (n) and (o) of subsection (1) and
284 subsection (3) of section 1002.421, Florida Statutes, are
285 amended, and paragraph (r) is added to subsection (1) of that
286 section, to read:
287 1002.421 State school choice scholarship program
288 accountability and oversight.—
289 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
290 school participating in an educational scholarship program
291 established pursuant to this chapter must be a private school as
292 defined in s. 1002.01(2) in this state, be registered, and be in
293 compliance with all requirements of this section in addition to
294 private school requirements outlined in s. 1002.42, specific
295 requirements identified within respective scholarship program
296 laws, and other provisions of Florida law that apply to private
297 schools, and must:
298 (n) Adopt policies establishing standards of ethical
299 conduct for educational support employees, instructional
300 personnel, and school administrators. The policies must require
301 all educational support employees, instructional personnel, and
302 school administrators, as defined in s. 1012.01, to complete
303 training on the standards; establish the duty of educational
304 support employees, instructional personnel, and school
305 administrators to report, and procedures for reporting, alleged
306 misconduct by other educational support employees, instructional
307 personnel, and school administrators which affects the health,
308 safety, or welfare of a student; and include an explanation of
309 the liability protections provided under ss. 39.203 and 768.095.
310 A private school, or any of its employees, may not enter into a
311 confidentiality agreement regarding terminated or dismissed
312 educational support employees, instructional personnel, or
313 school administrators, or employees, personnel, or
314 administrators who resign in lieu of termination, based in whole
315 or in part on misconduct that affects the health, safety, or
316 welfare of a student, and may not provide the employees,
317 instructional personnel, or school administrators with
318 employment references or discuss the employees’, personnel’s, or
319 administrators’ performance with prospective employers in
320 another educational setting, without disclosing the employees’,
321 personnel’s, or administrators’ misconduct. Any part of an
322 agreement or contract that has the purpose or effect of
323 concealing misconduct by educational support employees,
324 instructional personnel, or school administrators which affects
325 the health, safety, or welfare of a student is void, is contrary
326 to public policy, and may not be enforced.
327 (o) Before employing a person instructional personnel or
328 school administrators in any position that requires direct
329 contact with students, conduct employment history checks of each
330 of the personnel’s or administrators’ previous employers, screen
331 the person personnel or administrators through use of the
332 educator screening tools described in s. 1001.10(5), and
333 document the findings. If unable to contact a previous employer,
334 the private school must document efforts to contact the
335 employer. The private school may not employ a person whose
336 educator certificate is revoked, who is barred from reapplying
337 for an educator certificate, or who is on the disqualification
338 list maintained by the department pursuant to s. 1001.10(4)(b).
339 (r) Prohibit education support employees, instructional
340 personnel, and school administrators from employment in any
341 position that requires direct contact with students if the
342 personnel or administrators are ineligible for such employment
343 pursuant to this section or s. 1012.315, or have been terminated
344 or resigned in lieu of termination for sexual misconduct with a
345 student. If the prohibited conduct occurs subsequent to
346 employment, the private school must report the person and the
347 disqualifying circumstances to the department for inclusion on
348 the disqualification list maintained pursuant to s.
349 1001.10(4)(b).
350
351 The department shall suspend the payment of funds to a private
352 school that knowingly fails to comply with this subsection, and
353 shall prohibit the school from enrolling new scholarship
354 students, for 1 fiscal year and until the school complies. If a
355 private school fails to meet the requirements of this subsection
356 or has consecutive years of material exceptions listed in the
357 report required under paragraph (q), the commissioner may
358 determine that the private school is ineligible to participate
359 in a scholarship program.
360 (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
361 The Commissioner of Education:
362 (a) Shall deny, suspend, or revoke a private school’s
363 participation in a scholarship program if it is determined that
364 the private school has failed to comply with this section or
365 exhibits a previous pattern of failure to comply. However, if
366 the noncompliance is correctable within a reasonable amount of
367 time, not to exceed 45 days, and if the health, safety, or
368 welfare of the students is not threatened, the commissioner may
369 issue a notice of noncompliance which provides the private
370 school with a timeframe within which to provide evidence of
371 compliance before taking action to suspend or revoke the private
372 school’s participation in the scholarship program.
373 (b) May deny, suspend, or revoke a private school’s
374 participation in a scholarship program if the commissioner
375 determines that an owner or operator of the private school is
376 operating or has operated an educational institution in this
377 state or in another state or jurisdiction in a manner contrary
378 to the health, safety, or welfare of the public or if the owner
379 or operator has exhibited a previous pattern of failure to
380 comply with this section or specific requirements identified
381 within respective scholarship program laws. For purposes of this
382 subsection, the term “owner or operator” has the same meaning as
383 provided in paragraph (1)(p).
384 (c) May permanently deny or revoke the authority of an
385 owner or operator to establish or operate a private school in
386 the state if the commissioner decides that the owner or operator
387 is operating or has operated an educational institution in the
388 state or another state or jurisdiction in a manner contrary to
389 the health, safety, or welfare of the public, and shall include
390 such individuals on the disqualification list maintained by the
391 department pursuant to s. 1001.10(4)(b).
392 (d)1.(c)1. In making such a determination, may consider
393 factors that include, but are not limited to, acts or omissions
394 by an owner or operator which led to a previous denial,
395 suspension, or revocation of participation in a state or federal
396 education scholarship program; an owner’s or operator’s failure
397 to reimburse the department or scholarship-funding organization
398 for scholarship funds improperly received or retained by a
399 school; the imposition of a prior criminal sanction related to
400 an owner’s or operator’s management or operation of an
401 educational institution; the imposition of a civil fine or
402 administrative fine, license revocation or suspension, or
403 program eligibility suspension, termination, or revocation
404 related to an owner’s or operator’s management or operation of
405 an educational institution; or other types of criminal
406 proceedings in which an owner or operator was found guilty of,
407 regardless of adjudication, or entered a plea of nolo contendere
408 or guilty to, any offense involving fraud, deceit, dishonesty,
409 or moral turpitude.
410 2. The commissioner’s determination is subject to the
411 following:
412 a. If the commissioner intends to deny, suspend, or revoke
413 a private school’s participation in the scholarship program, the
414 department shall notify the private school of such proposed
415 action in writing by certified mail and regular mail to the
416 private school’s address of record with the department. The
417 notification shall include the reasons for the proposed action
418 and notice of the timelines and procedures set forth in this
419 paragraph.
420 b. The private school that is adversely affected by the
421 proposed action shall have 15 days after receipt of the notice
422 of proposed action to file with the department’s agency clerk a
423 request for a proceeding pursuant to ss. 120.569 and 120.57. If
424 the private school is entitled to a hearing under s. 120.57(1),
425 the department shall forward the request to the Division of
426 Administrative Hearings.
427 c. Upon receipt of a request referred pursuant to this
428 subparagraph, the director of the Division of Administrative
429 Hearings shall expedite the hearing and assign an administrative
430 law judge who shall commence a hearing within 30 days after the
431 receipt of the formal written request by the division and enter
432 a recommended order within 30 days after the hearing or within
433 30 days after receipt of the hearing transcript, whichever is
434 later. Each party shall be allowed 10 days in which to submit
435 written exceptions to the recommended order. A final order shall
436 be entered by the agency within 30 days after the entry of a
437 recommended order. The provisions of this sub-subparagraph may
438 be waived upon stipulation by all parties.
439 (e)(d) May immediately suspend payment of scholarship funds
440 if it is determined that there is probable cause to believe that
441 there is:
442 1. An imminent threat to the health, safety, or welfare of
443 the students;
444 2. A previous pattern of failure to comply with this
445 section; or
446 3. Fraudulent activity on the part of the private school.
447 Notwithstanding s. 1002.22, in incidents of alleged fraudulent
448 activity pursuant to this section, the department’s Office of
449 Inspector General is authorized to release personally
450 identifiable records or reports of students to the following
451 persons or organizations:
452 a. A court of competent jurisdiction in compliance with an
453 order of that court or the attorney of record in accordance with
454 a lawfully issued subpoena, consistent with the Family
455 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
456 b. A person or entity authorized by a court of competent
457 jurisdiction in compliance with an order of that court or the
458 attorney of record pursuant to a lawfully issued subpoena,
459 consistent with the Family Educational Rights and Privacy Act,
460 20 U.S.C. s. 1232g.
461 c. Any person, entity, or authority issuing a subpoena for
462 law enforcement purposes when the court or other issuing agency
463 has ordered that the existence or the contents of the subpoena
464 or the information furnished in response to the subpoena not be
465 disclosed, consistent with the Family Educational Rights and
466 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
467
468 The commissioner’s order suspending payment pursuant to this
469 paragraph may be appealed pursuant to the same procedures and
470 timelines as the notice of proposed action set forth in
471 subparagraph (d)2 (c)2.
472 Section 6. Subsection (2) and paragraph (a) of subsection
473 (4) of section 1006.061, Florida Statutes, are amended to read:
474 1006.061 Child abuse, abandonment, and neglect policy.—Each
475 district school board, charter school, and private school that
476 accepts scholarship students who participate in a state
477 scholarship program under chapter 1002 shall:
478 (2) Post in a prominent place at each school site and on
479 each school’s Internet website, if available, the policies and
480 procedures for reporting alleged misconduct by educational
481 support employees, instructional personnel, or school
482 administrators which affects the health, safety, or welfare of a
483 student; the contact person to whom the report is made; and the
484 penalties imposed on educational support employees,
485 instructional personnel, or school administrators who fail to
486 report suspected or actual child abuse or alleged misconduct by
487 other educational support employees, instructional personnel, or
488 school administrators.
489 (4)(a) Post in a prominent place in a clearly visible
490 location and public area of the school which is readily
491 accessible to and widely used by students a sign in English and
492 Spanish that contains:
493 1. The statewide toll-free telephone number of the central
494 abuse hotline as provided in chapter 39.;
495 2. Instructions to call 911 for emergencies.; and
496 3. Directions for accessing the Department of Children and
497 Families Internet website for more information on reporting
498 abuse, neglect, and exploitation.
499 4. Directions for accessing the Department of Education’s
500 website for more information on reporting acts that violate s.
501 800.101.
502
503 The Department of Education shall develop, and publish on the
504 department’s Internet website, sample notices suitable for
505 posting in accordance with subsections (1), (2), and (4).
506 Section 7. Subsection (6) of section 1012.27, Florida
507 Statutes, is amended to read:
508 1012.27 Public school personnel; powers and duties of
509 district school superintendent.—The district school
510 superintendent is responsible for directing the work of the
511 personnel, subject to the requirements of this chapter, and in
512 addition the district school superintendent shall perform the
513 following:
514 (6) EMPLOYMENT HISTORY CHECKS.—Before employing a person in
515 any position that requires direct contact with students, conduct
516 employment history checks of each of the person’s previous
517 employers, review each affidavit of separation from previous
518 employers pursuant to s. 1012.31, screen instructional personnel
519 and school administrators, as defined in s. 1012.01, through use
520 of the educator screening tools described in s. 1001.10(5), and
521 document the findings. If unable to contact a previous employer,
522 the district school superintendent shall document efforts to
523 contact the employer.
524 Section 8. Paragraph (a) of subsection (2) of section
525 1012.31, Florida Statutes, is amended to read:
526 1012.31 Personnel files.—Public school system employee
527 personnel files shall be maintained according to the following
528 provisions:
529 (2)(a) Materials relating to work performance, discipline,
530 suspension, or dismissal must be reduced to writing and signed
531 by a person competent to know the facts or make the judgment. In
532 cases of separation due to termination or resignation in lieu of
533 termination, the person shall execute and maintain an affidavit
534 of separation, on the form adopted by the Department of
535 Education, setting forth in detail the facts and reasons for
536 such separation. The affidavit must expressly disclose when
537 separation is due to a report of sexual misconduct with a
538 student. The affidavit of separation must be executed under oath
539 and constitutes an official statement within the purview of s.
540 837.06. The affidavit of separation must include conspicuous
541 language that intentional false execution of the affidavit
542 constitutes a misdemeanor of the second degree The resignation
543 or termination of an employee before an investigation of alleged
544 misconduct by the employee affecting the health, safety, or
545 welfare of a student is concluded must be clearly indicated in
546 the employee’s personnel file.
547 Section 9. Section 1012.315, Florida Statutes, is amended
548 to read:
549 1012.315 Screening standards Disqualification from
550 employment.—A person is ineligible for educator certification or
551 employment in any position that requires direct contact with
552 students in a district school system, charter school, or a
553 private school that participates accepts scholarship students
554 who participate in a state scholarship program under chapter
555 1002 if the person is on the disqualification list maintained by
556 the department pursuant to s. 1001.10(4)(b), is registered as a
557 sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C), or has
558 been convicted or found guilty of, has had adjudication withheld
559 for, or has pled guilty or nolo contendere to of:
560 (1) Any felony offense prohibited under any of the
561 following statutes:
562 (a) Section 393.135, relating to sexual misconduct with
563 certain developmentally disabled clients and reporting of such
564 sexual misconduct.
565 (b) Section 394.4593, relating to sexual misconduct with
566 certain mental health patients and reporting of such sexual
567 misconduct.
568 (c) Section 415.111, relating to adult abuse, neglect, or
569 exploitation of aged persons or disabled adults.
570 (d) Section 782.04, relating to murder.
571 (e) Section 782.07, relating to manslaughter, aggravated
572 manslaughter of an elderly person or disabled adult, aggravated
573 manslaughter of a child, or aggravated manslaughter of an
574 officer, a firefighter, an emergency medical technician, or a
575 paramedic.
576 (f) Section 784.021, relating to aggravated assault.
577 (g) Section 784.045, relating to aggravated battery.
578 (h) Section 784.075, relating to battery on a detention or
579 commitment facility staff member or a juvenile probation
580 officer.
581 (i) Section 787.01, relating to kidnapping.
582 (j) Section 787.02, relating to false imprisonment.
583 (k) Section 787.025, relating to luring or enticing a
584 child.
585 (l) Section 787.04(2), relating to leading, taking,
586 enticing, or removing a minor beyond the state limits, or
587 concealing the location of a minor, with criminal intent pending
588 custody proceedings.
589 (m) Section 787.04(3), relating to leading, taking,
590 enticing, or removing a minor beyond the state limits, or
591 concealing the location of a minor, with criminal intent pending
592 dependency proceedings or proceedings concerning alleged abuse
593 or neglect of a minor.
594 (n) Section 790.115(1), relating to exhibiting firearms or
595 weapons at a school-sponsored event, on school property, or
596 within 1,000 feet of a school.
597 (o) Section 790.115(2)(b), relating to possessing an
598 electric weapon or device, destructive device, or other weapon
599 at a school-sponsored event or on school property.
600 (p) Section 794.011, relating to sexual battery.
601 (q) Former s. 794.041, relating to sexual activity with or
602 solicitation of a child by a person in familial or custodial
603 authority.
604 (r) Section 794.05, relating to unlawful sexual activity
605 with certain minors.
606 (s) Section 794.08, relating to female genital mutilation.
607 (t) Chapter 796, relating to prostitution.
608 (u) Chapter 800, relating to lewdness and indecent
609 exposure.
610 (v) Section 800.101, relating to offenses against students
611 by authority figures.
612 (w) Section 806.01, relating to arson.
613 (x) Section 810.14, relating to voyeurism.
614 (y) Section 810.145, relating to video voyeurism.
615 (z) Section 812.014(6), relating to coordinating the
616 commission of theft in excess of $3,000.
617 (aa) Section 812.0145, relating to theft from persons 65
618 years of age or older.
619 (bb) Section 812.019, relating to dealing in stolen
620 property.
621 (cc) Section 812.13, relating to robbery.
622 (dd) Section 812.131, relating to robbery by sudden
623 snatching.
624 (ee) Section 812.133, relating to carjacking.
625 (ff) Section 812.135, relating to home-invasion robbery.
626 (gg) Section 817.563, relating to fraudulent sale of
627 controlled substances.
628 (hh) Section 825.102, relating to abuse, aggravated abuse,
629 or neglect of an elderly person or disabled adult.
630 (ii) Section 825.103, relating to exploitation of an
631 elderly person or disabled adult.
632 (jj) Section 825.1025, relating to lewd or lascivious
633 offenses committed upon or in the presence of an elderly person
634 or disabled person.
635 (kk) Section 826.04, relating to incest.
636 (ll) Section 827.03, relating to child abuse, aggravated
637 child abuse, or neglect of a child.
638 (mm) Section 827.04, relating to contributing to the
639 delinquency or dependency of a child.
640 (nn) Section 827.071, relating to sexual performance by a
641 child.
642 (oo) Section 843.01, relating to resisting arrest with
643 violence.
644 (pp) Chapter 847, relating to obscenity.
645 (qq) Section 874.05, relating to causing, encouraging,
646 soliciting, or recruiting another to join a criminal street
647 gang.
648 (rr) Chapter 893, relating to drug abuse prevention and
649 control, if the offense was a felony of the second degree or
650 greater severity.
651 (ss) Section 916.1075, relating to sexual misconduct with
652 certain forensic clients and reporting of such sexual
653 misconduct.
654 (tt) Section 944.47, relating to introduction, removal, or
655 possession of contraband at a correctional facility.
656 (uu) Section 985.701, relating to sexual misconduct in
657 juvenile justice programs.
658 (vv) Section 985.711, relating to introduction, removal, or
659 possession of contraband at a juvenile detention facility or
660 commitment program.
661 (2) Any misdemeanor offense prohibited under any of the
662 following statutes:
663 (a) Section 784.03, relating to battery, if the victim of
664 the offense was a minor.
665 (b) Section 787.025, relating to luring or enticing a
666 child.
667 (3) Any criminal act committed in another state or under
668 federal law which, if committed in this state, constitutes an
669 offense prohibited under any statute listed in subsection (1) or
670 subsection (2).
671 (4) Any delinquent act committed in this state or any
672 delinquent or criminal act committed in another state or under
673 federal law which, if committed in this state, qualifies an
674 individual for inclusion on the Registered Juvenile Sex Offender
675 List under s. 943.0435(1)(h)1.d.
676 Section 10. Subsection (1) of section 1012.795, Florida
677 Statutes, is amended to read:
678 1012.795 Education Practices Commission; authority to
679 discipline.—
680 (1) The Education Practices Commission may suspend the
681 educator certificate of any instructional personnel or school
682 administrator, as defined in s. 1012.01(2) or (3), for up to 5
683 years, thereby denying that person the right to teach or
684 otherwise be employed by a district school board or public
685 school in any capacity requiring direct contact with students
686 for that period of time, after which the person may return to
687 teaching as provided in subsection (4); may revoke the educator
688 certificate of any person, thereby denying that person the right
689 to teach or otherwise be employed by a district school board or
690 public school in any capacity requiring direct contact with
691 students for up to 10 years, with reinstatement subject to
692 subsection (4); may permanently revoke the educator certificate
693 of any person thereby denying that person the right to teach or
694 otherwise be employed by a district school board or public
695 school in any capacity requiring direct contact with students;
696 may suspend a person’s educator certificate, upon an order of
697 the court or notice by the Department of Revenue relating to the
698 payment of child support; may direct the department to place a
699 certificateholder employed by a public school, charter school,
700 charter school governing board, or private school that
701 participates in a state scholarship program under chapter 1002
702 on the disqualification list maintained by the department
703 pursuant to s. 1001.10(4)(b) for misconduct that would render
704 the person ineligible pursuant to s. 1012.315 or sexual
705 misconduct with a student; or may impose any other penalty
706 provided by law, if the person:
707 (a) Obtained or attempted to obtain an educator certificate
708 by fraudulent means.
709 (b) Knowingly failed to report actual or suspected child
710 abuse as required in s. 1006.061 or report alleged misconduct by
711 instructional personnel or school administrators which affects
712 the health, safety, or welfare of a student as required in s.
713 1012.796.
714 (c) Has proved to be incompetent to teach or to perform
715 duties as an employee of the public school system or to teach in
716 or to operate a private school.
717 (d) Has been guilty of gross immorality or an act involving
718 moral turpitude as defined by rule of the State Board of
719 Education, including engaging in or soliciting sexual, romantic,
720 or lewd conduct with a student or minor.
721 (e) Has had an educator certificate or other professional
722 license sanctioned by this or any other state or has had the
723 authority to practice the regulated profession revoked,
724 suspended, or otherwise acted against, including a denial of
725 certification or licensure, by the licensing or certifying
726 authority of any jurisdiction, including its agencies and
727 subdivisions. The licensing or certifying authority’s acceptance
728 of a relinquishment, stipulation, consent order, or other
729 settlement offered in response to or in anticipation of the
730 filing of charges against the licensee or certificateholder
731 shall be construed as action against the license or certificate.
732 For purposes of this section, a sanction or action against a
733 professional license, a certificate, or an authority to practice
734 a regulated profession must relate to being an educator or the
735 fitness of or ability to be an educator.
736 (f) Has been convicted or found guilty of, has had
737 adjudication withheld for, or has pled guilty or nolo contendere
738 to a misdemeanor, felony, or any other criminal charge, other
739 than a minor traffic violation.
740 (g) Upon investigation, has been found guilty of personal
741 conduct that seriously reduces that person’s effectiveness as an
742 employee of the district school board.
743 (h) Has breached a contract, as provided in s. 1012.33(2)
744 or s. 1012.335.
745 (i) Has been the subject of a court order or notice by the
746 Department of Revenue pursuant to s. 409.2598 directing the
747 Education Practices Commission to suspend the certificate as a
748 result of noncompliance with a child support order, a subpoena,
749 an order to show cause, or a written agreement with the
750 Department of Revenue.
751 (j) Has violated the Principles of Professional Conduct for
752 the Education Profession prescribed by State Board of Education
753 rules.
754 (k) Has otherwise violated the provisions of law, the
755 penalty for which is the revocation of the educator certificate.
756 (l) Has violated any order of the Education Practices
757 Commission.
758 (m) Has been the subject of a court order or plea agreement
759 in any jurisdiction which requires the certificateholder to
760 surrender or otherwise relinquish his or her educator’s
761 certificate. A surrender or relinquishment shall be for
762 permanent revocation of the certificate. A person may not
763 surrender or otherwise relinquish his or her certificate prior
764 to a finding of probable cause by the commissioner as provided
765 in s. 1012.796.
766 (n) Has been disqualified from educator certification under
767 s. 1012.315.
768 (o) Has committed a third recruiting offense as determined
769 by the Florida High School Athletic Association (FHSAA) pursuant
770 to s. 1006.20(2)(b).
771 (p) Has violated test security as provided in s. 1008.24.
772 Section 11. Paragraphs (a), (b), (d), and (e) of subsection
773 (1) and subsection (5) of section 1012.796, Florida Statutes,
774 are amended, paragraph (i) is added to subsection (7), and
775 subsection (10) is added to that section, to read:
776 1012.796 Complaints against teachers and administrators;
777 procedure; penalties.—
778 (1)(a) The Department of Education shall cause to be
779 investigated expeditiously any complaint filed before it or
780 otherwise called to its attention which, if legally sufficient,
781 contains grounds for the revocation or suspension of a
782 certificate or any other appropriate penalty as set forth in
783 subsection (7). The complaint is legally sufficient if it
784 contains the ultimate facts which show a violation has occurred
785 as provided in s. 1012.795 and defined by rule of the State
786 Board of Education. The department shall investigate or continue
787 to investigate and take appropriate action on a complaint even
788 though the original complainant withdraws the complaint or
789 otherwise indicates a desire not to cause it to be investigated
790 or prosecuted to completion. The department may investigate or
791 continue to investigate and take action on a complaint filed
792 against a person whose educator certificate has expired if the
793 act or acts that are the basis for the complaint were allegedly
794 committed while that person possessed an educator certificate
795 and may not issue a certificate to such a person unless an
796 investigation has been completed.
797 (b) The department shall immediately investigate any
798 legally sufficient complaint that involves misconduct by any
799 certificated personnel which affects the health, safety, or
800 welfare of a student, giving the complaint priority over other
801 pending complaints. The department must investigate or continue
802 to investigate and take action on such a complaint filed against
803 a person whose educator certificate has expired if the act or
804 acts that are the basis for the complaint were allegedly
805 committed while that person possessed an educator certificate.
806 The Commissioner of Education shall make a determination of
807 probable cause within 90 days after receipt of any complaint
808 involving sexual misconduct with a student. Upon the written
809 request of a state attorney, this deadline may be held in
810 abeyance during criminal proceedings related to the sexual
811 misconduct with a student.
812 (d)1. Each school district shall file in writing with the
813 department all legally sufficient complaints within 30 days
814 after the date on which subject matter of the complaint comes to
815 the attention of the school district, regardless of whether the
816 subject of the complaint is still an employee of the school
817 district. A complaint is legally sufficient if it contains
818 ultimate facts that show a violation has occurred as provided in
819 s. 1012.795 and defined by rule of the State Board of Education.
820 The school district shall include all information relating to
821 the complaint which is known to the school district at the time
822 of filing.
823 2. A school district shall immediately notify the
824 department if the subject of a legally sufficient complaint of
825 misconduct affecting the health, safety, or welfare of a student
826 resigns or is terminated before the conclusion of the school
827 district’s investigation. Upon receipt of the notification, the
828 department shall place an alert on the person’s certification
829 file indicating that he or she resigned or was terminated before
830 an investigation involving allegations of misconduct affecting
831 the health, safety, or welfare of a student was concluded. In
832 such circumstances, the database may not include specific
833 information relating to the alleged misconduct until permitted
834 by subsection (4). This subparagraph does not limit or restrict
835 the duty of the district school board to investigate the
836 complaint and report the findings and conclusion to the
837 department.
838 3. Each district school board shall develop and adopt
839 policies and procedures to comply with this reporting
840 requirement. School board policies and procedures must include
841 standards for screening, hiring, and terminating instructional
842 personnel and school administrators, as defined in s. 1012.01;
843 standards of ethical conduct for instructional personnel and
844 school administrators; the duties of instructional personnel and
845 school administrators for upholding the standards; detailed
846 procedures for reporting alleged misconduct by instructional
847 personnel and school administrators which affects the health,
848 safety, or welfare of a student; requirements for the
849 reassignment of instructional personnel and or school
850 administrators pending the outcome of a misconduct
851 investigation; and penalties for failing to comply with s.
852 1001.51 or s. 1012.795. The district school board policies and
853 procedures must shall include appropriate penalties for all
854 personnel of the district school board for nonreporting and
855 procedures for promptly informing the district school
856 superintendent of each legally sufficient complaint. The
857 district school superintendent is charged with knowledge of
858 these policies and procedures and is accountable for the
859 training of all instructional personnel and school
860 administrators of the school district on the standards of
861 ethical conduct, policies, and procedures.
862 4. If the district school superintendent has knowledge of a
863 legally sufficient complaint and does not report the complaint,
864 or fails to enforce the policies and procedures of the district
865 school board, and fails to comply with the requirements of this
866 subsection, in addition to other actions against
867 certificateholders authorized by law, the district school
868 superintendent is subject to penalties as specified in s.
869 1001.51(12).
870 5. If the superintendent determines that misconduct by
871 instructional personnel or school administrators who hold an
872 educator certificate affects the health, safety, or welfare of a
873 student and the misconduct warrants termination, the
874 instructional personnel or school administrators may resign or
875 be terminated, and the superintendent must report the misconduct
876 to the department in the format prescribed by the department.
877 The department shall maintain each report of misconduct as a
878 public record in the instructional personnel’s or school
879 administrators’ certification files. This paragraph does not
880 limit or restrict the power and duty of the department to
881 investigate complaints regarding certificateholders, regardless
882 of the school district’s untimely filing, or failure to file,
883 complaints and followup reports. This subparagraph does not
884 create a duty for the department to investigate complaints
885 regarding noncertificateholders.
886 (e) If allegations arise against an employee who is
887 certified under s. 1012.56 and employed in an educator
888 certificated position in any public school, charter school or
889 governing board thereof, or private school that accepts
890 scholarship students who participate in a state scholarship
891 program under chapter 1002, the school shall file in writing
892 with the department a legally sufficient complaint within 30
893 days after the date on which the subject matter of the complaint
894 came to the attention of the school, regardless of whether the
895 subject of the allegations is still an employee of the school. A
896 complaint is legally sufficient if it contains ultimate facts
897 that show a violation has occurred as provided in s. 1012.795
898 and defined by rule of the State Board of Education. The school
899 shall include all known information relating to the complaint
900 with the filing of the complaint. This paragraph does not limit
901 or restrict the power and duty of the department to investigate
902 complaints, regardless of the school’s untimely filing, or
903 failure to file, complaints and followup reports. A school
904 described in this paragraph shall immediately notify the
905 department if the subject of a legally sufficient complaint of
906 misconduct affecting the health, safety, or welfare of a student
907 resigns or is terminated before the conclusion of the school’s
908 investigation. Upon receipt of the notification, the department
909 shall place an alert on the person’s certification file
910 indicating that he or she resigned or was terminated before an
911 investigation involving allegations of misconduct affecting the
912 health, safety, or welfare of a student was concluded and place
913 the person on the disqualification list maintained by the
914 department pursuant to s. 1001.10(4)(b). In such circumstances,
915 the database may not include specific information relating to
916 the alleged misconduct until permitted by subsection (4).
917 (5) When an allegation of misconduct by instructional
918 personnel or school administrators, as defined in s. 1012.01, is
919 received, if the alleged misconduct affects the health, safety,
920 or welfare of a student, the district school superintendent in
921 consultation with the school principal, or upon the request of
922 the Commissioner of Education, must, at a minimum, immediately
923 suspend the instructional personnel or school administrators
924 from regularly assigned duties, with pay, and remove reassign
925 the suspended personnel or administrators from to positions that
926 may do not require direct contact with students in the district
927 school system. Such suspension shall continue until submission
928 of a legally sufficient complaint. The proceedings and
929 determination of sanctions shall be completed by a school
930 district within 1 year after submission of the legally
931 sufficient complaint the completion of the proceedings and the
932 determination of sanctions, if any, pursuant to this section and
933 s. 1012.795.
934 (7) A panel of the commission shall enter a final order
935 either dismissing the complaint or imposing one or more of the
936 following penalties:
937 (i) Direct the department to place instructional personnel
938 or school administrators on the disqualification list maintained
939 by the department pursuant to s. 1001.10(4)(b) for conduct that
940 would render the person ineligible pursuant to s. 1012.315 or
941 sexual misconduct with a student.
942
943 The penalties imposed under this subsection are in addition to,
944 and not in lieu of, the penalties required for a third
945 recruiting offense pursuant to s. 1006.20(2)(b).
946 (10) A person on the disqualification list maintained by
947 the department pursuant to s. 1001.10(4)(b) shall be notified
948 that he or she may not serve or apply to serve as an employee or
949 contracted personnel at a public school or private school that
950 participates in a state scholarship program under chapter 1002.
951 A person who knowingly violates this provision commits a felony
952 of the third degree, punishable as provided in s. 775.082 or s.
953 775.083.
954 Section 12. Section 1012.797, Florida Statutes, is amended
955 to read:
956 1012.797 Notification of district school superintendent of
957 certain charges against or convictions of employees.—
958 (1) Notwithstanding the provisions of s. 985.04(7) or any
959 other provision of law to the contrary, a law enforcement agency
960 shall, within 48 hours, notify the appropriate district school
961 superintendent, charter school governing board, private school
962 owner or administrator, president of the Florida School for the
963 Deaf and the Blind, or university lab schools director or
964 principal, as applicable, when its of the name and address of
965 any employee of the school district who is arrested for charged
966 with a felony or with a misdemeanor involving the abuse of a
967 minor child or the sale or possession of a controlled substance.
968 The notification shall include the specific charge for which the
969 employee of the school district was arrested. Notwithstanding
970 ss. 1012.31(3)(a)1. and 1012.796(4), within 24 hours after such
971 notification, the school principal or designee shall notify
972 parents of enrolled students who had direct contact with the
973 employee and include, at a minimum, the name and specific
974 charges against the employee. Such notification shall include
975 other education providers such as the Florida School for the
976 Deaf and the Blind, university lab schools, and private
977 elementary and secondary schools.
978 (2) Except to the extent necessary to protect the health,
979 safety, and welfare of other students, the information obtained
980 by the district school superintendent pursuant to this section
981 may be released only to appropriate school personnel or as
982 otherwise provided by law.
983 Section 13. This act shall take effect July 1, 2021.
984
985 ================= T I T L E A M E N D M E N T ================
986 And the title is amended as follows:
987 Delete everything before the enacting clause
988 and insert:
989 A bill to be entitled
990 An act relating to educator conduct; amending s.
991 1001.10, F.S.; requiring the Department of Education
992 to maintain a disqualification list of certain
993 persons; providing for the removal of a person from
994 the list under certain circumstances; requiring the
995 State Board of Education to adopt rules; requiring the
996 department to provide access to specified information
997 to certain staff for specified purposes; amending s.
998 1001.42, F.S.; providing that certain provisions
999 relating to conduct and prohibition from employment
1000 apply to educational support employees; prohibiting
1001 certain employees and personnel from employment under
1002 certain circumstances; requiring district school
1003 boards to report specified persons to the department
1004 for inclusion on the list; providing that a school
1005 board official forfeits his or her salary for 1 year
1006 under additional circumstances; amending s. 1001.51,
1007 F.S.; providing that a district school superintendent
1008 forfeits his or her salary for 1 year under additional
1009 circumstances; amending s. 1002.33, F.S.; prohibiting
1010 certain individuals from employment at a charter
1011 school; providing requirements for charter schools
1012 relating to employing certain individuals; requiring
1013 the governing board of a charter school to establish
1014 the duty of instructional personnel and school
1015 administrators to report specified alleged misconduct
1016 by certain individuals; prohibiting an individual on
1017 the list from employment in specified positions;
1018 requiring a charter school to report specified
1019 individuals to the department for inclusion on a
1020 certain list; amending s. 1002.421, F.S.; requiring
1021 certain private schools to include educational support
1022 employees in specified policies; requiring certain
1023 private schools to deny employment to certain persons;
1024 prohibiting the employment of certain employees and
1025 personnel under circumstances; requiring private
1026 schools to report specified persons to the department
1027 for inclusion on a certain list; authorizing the
1028 Commissioner of Education to permanently revoke an
1029 owner’s or operator’s authority to establish or
1030 operate a private school in the state under certain
1031 circumstances; amending s. 1006.061, F.S.; revising
1032 the contents of a sign certain educational entities
1033 are required to post to include information relating
1034 to reporting of certain criminal acts; amending s.
1035 1012.27, F.S.; revising the requirements for certain
1036 employment history checks to include a specified
1037 affidavit; amending s. 1012.31, requiring certain
1038 persons to execute and maintain an affidavit of
1039 separation form for specified purposes; providing
1040 requirements for such affidavit; amending s. 1012.315,
1041 F.S.; providing that certain persons are ineligible
1042 for an educator certification or specified employment;
1043 amending s. 1012.795, F.S.; revising acts that warrant
1044 a disciplinary action by the commission; amending s.
1045 1012.796, F.S.; prohibiting the department from
1046 issuing a certificate to certain persons; requiring
1047 the commissioner to make a determination of probable
1048 cause within a specified timeframe for complaints
1049 relating to sexual misconduct with a student;
1050 providing for such timeframe to be held in abeyance
1051 under certain circumstances; providing construction;
1052 requiring certain individuals to be placed on a
1053 disqualification list; requiring the commissioner to
1054 remove certain suspended personnel or administrators
1055 from certain positions under specified circumstances;
1056 requiring a district school superintendent to
1057 immediately suspend certain individuals and take
1058 specified action as a results of alleged misconduct;
1059 prohibiting certain individuals from serving or
1060 applying to serve in specified positions at public
1061 schools and specified private schools; providing a
1062 timeframe for specified investigations; providing
1063 timeframe for administrative suspension; providing
1064 criminal penalties; amending s. 1012.797, F.S.;
1065 revising provisions relating to notification by law
1066 enforcement of certain charges against employees;
1067 expanding the entities who receive such notifications;
1068 requiring a school principal or designee to notify
1069 certain parents of such notifications within a
1070 specified timeframe; providing minimum requirements
1071 for parental notifications; providing an effective
1072 date.