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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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,
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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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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"
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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