Florida Senate - 2022                             CS for SB 1386
       
       
        
       By the Committee on Education; and Senator Diaz
       
       
       
       
       
       581-02603-22                                          20221386c1
    1                        A bill to be entitled                      
    2         An act relating to school personnel; amending s.
    3         800.101, F.S.; prohibiting a person who is required to
    4         make certain reports concerning sexual misconduct with
    5         a student from knowingly or willfully failing to make
    6         such report or knowingly or willfully preventing
    7         another person from doing so; prohibiting a person
    8         from knowingly or willfully submitting inaccurate,
    9         incomplete, or untruthful information with respect to
   10         a report concerning sexual misconduct with a student;
   11         prohibiting a person from knowingly or willfully
   12         coercing or threatening any other person with the
   13         intent to alter testimony or a written report
   14         concerning sexual misconduct with a student; providing
   15         criminal penalties; amending s. 1012.32, F.S.;
   16         specifying that certain instructional and
   17         noninstructional personnel must file fingerprints with
   18         the employing entity or alternative school, as
   19         applicable, rather than the district school board;
   20         conforming provisions to changes made by the act;
   21         providing that an employing entity has the sole
   22         authority for determining the employment eligibility
   23         of certain personnel; providing an exception;
   24         requiring the Department of Law Enforcement to report
   25         the results from background screenings to the
   26         employing entity; defining the term “employing
   27         entity”; amending s. 1012.34, F.S.; providing that
   28         certain procedures established by district school
   29         superintendents set the standards of service to be
   30         offered to the public within the meaning of a
   31         specified provision and are not subject to the
   32         collective bargaining process; providing an effective
   33         date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Present subsection (4) of section 800.101,
   38  Florida Statutes, is redesignated as subsection (5), new
   39  subsection (4) is added to that section, and subsection (3) of
   40  that section is amended, to read:
   41         800.101 Offenses against students by authority figures.—
   42         (3) A person who violates subsection (2) this section
   43  commits a felony of the second degree, punishable as provided in
   44  s. 775.082, s. 775.083, or s. 775.084.
   45         (4)(a)A person who is required to make a report regarding
   46  an incident of sexual misconduct with a student which could
   47  impact an educator’s inclusion on the disqualification list
   48  maintained by the Department of Education pursuant to s.
   49  1001.10(4)(b) and who knowingly or willfully fails to make such
   50  report, or knowingly or willfully prevents another person from
   51  doing so, commits a misdemeanor of the first degree, punishable
   52  as provided in s. 775.082 or s. 775.083.
   53         (b)A person who knowingly or willfully submits inaccurate,
   54  incomplete, or untruthful information with respect to a report
   55  regarding an incident of sexual misconduct with a student which
   56  could impact an educator’s inclusion on the disqualification
   57  list maintained by the Department of Education pursuant to s.
   58  1001.10(4)(b) commits a misdemeanor of the first degree,
   59  punishable as provided in s. 775.082 or s. 775.083.
   60         (c)A person who knowingly or willfully coerces or
   61  threatens any other person with the intent to alter testimony or
   62  a written report regarding an incident of sexual misconduct with
   63  a student which could impact an educator’s inclusion on the
   64  disqualification list maintained by the Department of Education
   65  pursuant to s. 1001.10(4)(b) commits a misdemeanor of the first
   66  degree, punishable as provided in s. 775.082 or s. 775.083.
   67         Section 2. Subsection (2) and paragraph (b) of subsection
   68  (3) of section 1012.32, Florida Statutes, are amended, and
   69  subsection (4) is added to that section, to read:
   70         1012.32 Qualifications of personnel.—
   71         (2)(a) Instructional and noninstructional personnel who are
   72  hired or contracted to fill positions that require direct
   73  contact with students in any district school system or
   74  university lab school must, upon employment or engagement to
   75  provide services, undergo background screening as required under
   76  s. 1012.465 or s. 1012.56, whichever is applicable.
   77         (b)1. Instructional and noninstructional personnel who are
   78  hired or contracted to fill positions in a charter school other
   79  than a school of hope as defined in s. 1002.333, and members of
   80  the governing board of such charter school, in compliance with
   81  s. 1002.33(12)(g), upon employment, engagement of services, or
   82  appointment, shall undergo background screening as required
   83  under s. 1012.465 or s. 1012.56, whichever is applicable, by
   84  filing with the employing entity district school board for the
   85  school district in which the charter school is located a
   86  complete set of fingerprints taken by an authorized law
   87  enforcement agency or an employee of the school or school
   88  district who is trained to take fingerprints.
   89         2. Instructional and noninstructional personnel who are
   90  hired or contracted to fill positions in a school of hope as
   91  defined in s. 1002.333, and members of the governing board of
   92  such school of hope, shall file with the school of hope a
   93  complete set of fingerprints taken by an authorized law
   94  enforcement agency, by an employee of the school of hope or
   95  school district who is trained to take fingerprints, or by any
   96  other entity recognized by the Department of Law Enforcement to
   97  take fingerprints.
   98         (c) Instructional and noninstructional personnel who are
   99  hired or contracted to fill positions that require direct
  100  contact with students in an alternative school that operates
  101  under contract with a district school system must, upon
  102  employment or engagement to provide services, undergo background
  103  screening as required under s. 1012.465 or s. 1012.56, whichever
  104  is applicable, by filing with the alternative school district
  105  school board for the school district to which the alternative
  106  school is under contract a complete set of fingerprints taken by
  107  an authorized law enforcement agency or an employee of the
  108  school or school district who is trained to take fingerprints.
  109         (d) Student teachers and persons participating in a field
  110  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
  111  district school system, lab school, or charter school must, upon
  112  engagement to provide services, undergo background screening as
  113  required under s. 1012.56.
  114  
  115  Required fingerprints must be submitted to the Department of Law
  116  Enforcement for statewide criminal and juvenile records checks
  117  and to the Federal Bureau of Investigation for federal criminal
  118  records checks. A person subject to this subsection who is found
  119  ineligible for employment under s. 1012.315, or otherwise found
  120  through background screening to have been convicted of any crime
  121  involving moral turpitude as defined by rule of the State Board
  122  of Education, may shall not be employed, engaged to provide
  123  services, or serve in any position that requires direct contact
  124  with students. Probationary persons subject to this subsection
  125  who are terminated because of their criminal record have the
  126  right to appeal such decisions. Except for a person’s
  127  ineligibility for employment as provided in this section, an
  128  employing entity has the sole authority for determining a
  129  person’s employment eligibility. The cost of the background
  130  screening may be borne by the employing entity district school
  131  board, the charter school, the employee, the contractor, or a
  132  person subject to this subsection. A district school board shall
  133  reimburse a charter school the cost of background screening if
  134  it does not notify the charter school of the eligibility of a
  135  governing board member or instructional or noninstructional
  136  personnel within the earlier of 14 days after receipt of the
  137  background screening results from the Florida Department of Law
  138  Enforcement or 30 days of submission of fingerprints by the
  139  governing board member or instructional or noninstructional
  140  personnel.
  141         (3)
  142         (b) The Department of Law Enforcement shall search all
  143  arrest fingerprints received under s. 943.051 against the
  144  fingerprints retained in the statewide automated biometric
  145  identification system under paragraph (a). Any arrest record
  146  that is identified with the retained fingerprints of a person
  147  subject to the background screening under this section must
  148  shall be reported to the employing entity or contracting school
  149  district or the school district with which the person is
  150  affiliated. Each employing entity school district is required to
  151  participate in this search process by payment of an annual fee
  152  to the Department of Law Enforcement and by informing the
  153  Department of Law Enforcement of any change in the affiliation,
  154  employment, or contractual status or place of affiliation,
  155  employment, or contracting of its instructional and
  156  noninstructional personnel whose fingerprints are retained under
  157  paragraph (a). The Department of Law Enforcement shall adopt a
  158  rule setting the amount of the annual fee to be imposed upon
  159  each employing entity school district for performing these
  160  searches and establishing the procedures for the retention of
  161  instructional and noninstructional personnel fingerprints and
  162  the dissemination of search results. The fee may be borne by the
  163  employing entity district school board, the contractor, or the
  164  person fingerprinted.
  165         (4)For purposes of this section, the term “employing
  166  entity” means a district school board, charter school,
  167  alternative school, or any other entity that requires employees
  168  to complete a background screening pursuant to this section.
  169         Section 3. Paragraph (a) of subsection (1) of section
  170  1012.34, Florida Statutes, is amended to read:
  171         1012.34 Personnel evaluation procedures and criteria.—
  172         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
  173         (a) For the purpose of increasing student academic
  174  performance by improving the quality of instructional,
  175  administrative, and supervisory services in the public schools
  176  of this the state, the district school superintendent shall
  177  establish procedures for evaluating the performance of duties
  178  and responsibilities of all instructional, administrative, and
  179  supervisory personnel employed by the school district. The
  180  procedures established by the district school superintendent set
  181  the standards of service to be offered to the public within the
  182  meaning of s. 447.209 and are not subject to the collective
  183  bargaining process. The district school superintendent shall
  184  provide instructional personnel the opportunity to review their
  185  class rosters for accuracy and to correct any mistakes. The
  186  district school superintendent shall report accurate class
  187  rosters for the purpose of calculating district and statewide
  188  student performance and annually report the evaluation results
  189  of instructional personnel and school administrators to the
  190  Department of Education in addition to the information required
  191  under subsection (5).
  192         Section 4. This act shall take effect upon becoming a law.