CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    690-100AXA-38                      Bill No. CS/HB 751 & others

    Amendment No. 19A (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Lynn and Alexander offered the following:

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13         Amendment (with title amendment) 

14         On page 103, between lines 14 and 15,

15

16  insert:

17         Section 40.  Section 228.301, Florida Statutes, is

18  amended to read:

19         228.301  Test security.--

20         (1)  It is unlawful for anyone knowingly and willfully

21  to violate test security rules adopted by the State Board of

22  Education or the Commissioner of Education for mandatory tests

23  administered by or through the State Board of Education or the

24  Commissioner of Education to students, educators, or

25  applicants for certification or administered by school

26  districts pursuant to s. 229.57, or, with respect to any such

27  test, knowingly and willfully to:

28         (a)  Give examinees access to test questions prior to

29  testing;

30         (b)  Copy, reproduce, or use in any manner inconsistent

31  with test security rules all or any portion of any secure test

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    File original & 9 copies    03/23/99
    hbd0002                     01:37 pm         00751-0027-374599




                                                   HOUSE AMENDMENT

    690-100AXA-38                      Bill No. CS/HB 751 & others

    Amendment No. 19A (for drafter's use only)





 1  booklet;

 2         (c)  Coach examinees during testing or alter or

 3  interfere with examinees' responses in any way;

 4         (d)  Make answer keys available to examinees;

 5         (e)  Fail to follow security rules for distribution and

 6  return of secure test as directed, or fail to account for all

 7  secure test materials before, during, and after testing;

 8         (f)  Fail to follow test administration directions

 9  specified in the test administration manuals; or

10         (g)  Participate in, direct, aid, counsel, assist in,

11  or encourage any of the acts prohibited in this section.

12         (2)(a)  Any person who is a student who violates this

13  section is guilty of a misdemeanor of the first degree,

14  punishable as provided in ss. 775.082 or 775.083 by a fine of

15  not more than $1,000 or imprisonment for not more than 90

16  days, or both.

17         (b)  Any person who is not a student, including any

18  certified educator or applicant for certification, who

19  violates this section is guilty of a felony of the third

20  degree, punishable as provided in ss. 775.082, 775.083, or

21  775.084.

22         (3)  A district superintendent of schools, a president

23  of a community college, a president of a university, or a

24  president of a private postsecondary institution shall

25  cooperate with the Commissioner of Education in any

26  investigation concerning the administration of a test

27  administered pursuant to state statute or rule.

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29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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    File original & 9 copies    03/23/99
    hbd0002                     01:37 pm         00751-0027-374599




                                                   HOUSE AMENDMENT

    690-100AXA-38                      Bill No. CS/HB 751 & others

    Amendment No. 19A (for drafter's use only)





 1         On page 7, line 17, before "amending"

 2

 3  insert:

 4         amending s. 228.301, F.S.; enhancing criminal

 5         penalties for educators and nonstudents who

 6         violate test security requirements;

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    File original & 9 copies    03/23/99
    hbd0002                     01:37 pm         00751-0027-374599