| 1 | Representative Vana offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 81-82 and insert: |
| 5 | Section 2. Subsection (3) of section 1012.796, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 1012.796 Complaints against teachers and administrators; |
| 8 | procedure; penalties.-- |
| 9 | (3)(a) The department staff shall advise the commissioner |
| 10 | concerning the findings of the investigation. The department |
| 11 | general counsel or members of that staff shall review the |
| 12 | investigation and advise the commissioner concerning probable |
| 13 | cause or lack thereof. The determination of probable cause shall |
| 14 | be made by the commissioner. The commissioner shall provide an |
| 15 | opportunity for a conference, if requested, prior to determining |
| 16 | probable cause. The commissioner may enter into deferred |
| 17 | prosecution agreements in lieu of finding probable cause when in |
| 18 | his or her judgment such agreements would be in the best |
| 19 | interests of the department, the certificateholder, and the |
| 20 | public. Such deferred prosecution agreements shall become |
| 21 | effective when filed with the clerk of the Education Practices |
| 22 | Commission. However, a deferred prosecution agreement shall not |
| 23 | be entered into where there is probable cause to believe that a |
| 24 | felony or an act of moral turpitude has occurred. Upon finding |
| 25 | no probable cause, the commissioner shall dismiss the complaint. |
| 26 | (b) When department staff assigned the responsibility of |
| 27 | investigating the complaint prepare an investigative report or |
| 28 | summary, regardless of form, the person preparing the report |
| 29 | shall, at the time the report is completed: |
| 30 | 1. Verify pursuant to s. 92.525 that the contents of the |
| 31 | report are true and accurate based upon the person's personal |
| 32 | knowledge, information, and belief. |
| 33 | 2. Include the following statement, sworn and subscribed |
| 34 | to pursuant to s. 92.525: |
| 35 | "I, the undersigned, do hereby swear, under penalty of |
| 36 | perjury, that, to the best of my personal knowledge, |
| 37 | information, and belief, I have not knowingly or willfully |
| 38 | deprived, or allowed another to deprive, the subject of the |
| 39 | investigation of any of the rights contained in s. 1012.796, |
| 40 | Florida Statutes." |
| 41 |
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| 42 | The requirements of subparagraphs 1. and 2. shall be completed |
| 43 | prior to the determination as to whether to proceed with |
| 44 | disciplinary action or to file disciplinary charges. |
| 45 | (c) All statements, regardless of form, provided by any |
| 46 | person as defined in s. 1012.01(2) or (3) during the course of a |
| 47 | complaint investigation of that person shall be made under oath |
| 48 | pursuant to s. 92.525. Knowingly false statements given by any |
| 49 | person as defined in s. 1012.01(2) or (3) under investigation |
| 50 | may subject the person to prosecution for perjury. |
| 51 |
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| 52 | ======= T I T L E A M E N D M E N T ======= |
| 53 | Remove line 12 and insert: |
| 54 | amending s. 1012.796, F.S.; requiring certain |
| 55 | investigative reports to include a statement relating |
| 56 | to compliance with specified provisions and to be |
| 57 | verified; requiring certain statements to be made |
| 58 | under oath and subject to prosecution for perjury; |
| 59 | providing an effective date. |