Amendment
Bill No. CS/CS/CS/SB 1712

Amendment No. 907271

CHAMBER ACTION
Senate		House
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1	Schools & Learning Council offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Ethics in
6	Education Act."
7	Section 2.  Paragraphs (c) and (d) of subsection (5) of
8	section 24.121, Florida Statutes, are amended to read:
9	24.121  Allocation of revenues and expenditure of funds for
10	public education.--
11	(5)
12	(c)  A portion of such net revenues, as determined annually
13	by the Legislature, shall be distributed to each school district
14	and shall be made available to each public school in the
15	district for enhancing school performance through development
16	and implementation of a school improvement plan pursuant to s.
17	1001.42(18) s. 1001.42(16). A portion of these moneys, as
18	determined annually in the General Appropriations Act, must be
19	allocated to each school in an equal amount for each student
20	enrolled. These moneys may be expended only on programs or
21	projects selected by the school advisory council or by a parent
22	advisory committee created pursuant to this paragraph. If a
23	school does not have a school advisory council, the district
24	advisory council must appoint a parent advisory committee
25	composed of parents of students enrolled in that school, which
26	committee is representative of the ethnic, racial, and economic
27	community served by the school, to advise the school's principal
28	on the programs or projects to be funded. Neither school
29	district staff nor principals may override the recommendations
30	of the school advisory council or the parent advisory committee.
31	These moneys may not be used for capital improvements or, nor
32	may they be used for any project or program that has a duration
33	of more than 1 year; however, a school advisory council or
34	parent advisory committee may independently determine that a
35	program or project formerly funded under this paragraph should
36	receive funds in a subsequent year.
37	(d)  No funds shall be released for any purpose from the
38	Educational Enhancement Trust Fund to any school district in
39	which one or more schools do not have an approved school
40	improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do
41	not comply with school advisory council membership composition
42	requirements pursuant to s. 1001.452(1). The Commissioner of
43	Education shall withhold disbursements from the trust fund to
44	any school district that fails to adopt the performance-based
45	salary schedule required by s. 1012.22(1).
46	Section 3.  Paragraph (e) of subsection (2) of section
47	112.3173, Florida Statutes, is amended to read:
48	112.3173  Felonies involving breach of public trust and
49	other specified offenses by public officers and employees;
50	forfeiture of retirement benefits.--
51	(2)  DEFINITIONS.--As used in this section, unless the
52	context otherwise requires, the term:
53	(e)  "Specified offense" means:
54	1.  The committing, aiding, or abetting of an embezzlement
55	of public funds;
56	2.  The committing, aiding, or abetting of any theft by a
57	public officer or employee from his or her employer;
58	3.  Bribery in connection with the employment of a public
59	officer or employee;
60	4.  Any felony specified in chapter 838, except ss. 838.15
61	and 838.16;
62	5.  The committing of an impeachable offense; or
63	6.  The committing of any felony by a public officer or
64	employee who, willfully and with intent to defraud the public or
65	the public agency for which the public officer or employee acts
66	or in which he or she is employed of the right to receive the
67	faithful performance of his or her duty as a public officer or
68	employee, realizes or obtains, or attempts to realize or obtain,
69	a profit, gain, or advantage for himself or herself or for some
70	other person through the use or attempted use of the power,
71	rights, privileges, duties, or position of his or her public
72	office or employment position; or.
73	7.  The committing on or after October 1, 2008, of any
74	felony defined in s. 800.04 against a victim younger than 16
75	years of age, or any felony defined in chapter 794 against a
76	victim younger than 18 years of age, by a public officer or
77	employee through the use or attempted use of power, rights,
78	privileges, duties, or position of his or her public office or
79	employment position.
80	Section 4.  Paragraph (i) of subsection (5) of section
81	121.091, Florida Statutes, is redesignated as paragraph (j),
82	present paragraph (j) is redesignated as paragraph (k) and
83	amended, and a new paragraph (i) is added to that subsection, to
84	read:
85	121.091  Benefits payable under the system.--Benefits may
86	not be paid under this section unless the member has terminated
87	employment as provided in s. 121.021(39)(a) or begun
88	participation in the Deferred Retirement Option Program as
89	provided in subsection (13), and a proper application has been
90	filed in the manner prescribed by the department. The department
91	may cancel an application for retirement benefits when the
92	member or beneficiary fails to timely provide the information
93	and documents required by this chapter and the department's
94	rules. The department shall adopt rules establishing procedures
95	for application for retirement benefits and for the cancellation
96	of such application when the required information or documents
97	are not received.
98	(5)  TERMINATION BENEFITS.--A member whose employment is
99	terminated prior to retirement retains membership rights to
100	previously earned member-noncontributory service credit, and to
101	member-contributory service credit, if the member leaves the
102	member contributions on deposit in his or her retirement
103	account. If a terminated member receives a refund of member
104	contributions, such member may reinstate membership rights to
105	the previously earned service credit represented by the refund
106	by completing 1 year of creditable service and repaying the
107	refunded member contributions, plus interest.
108	(i)  The division may not pay benefits to any member
109	convicted of a felony committed on or after October 1, 2008,
110	defined in s. 800.04 against a victim younger than 16 years of
111	age, or defined in chapter 794 against a victim younger than 18
112	years of age, through the use or attempted use of power, rights,
113	privileges, duties, or position of the member's public office or
114	employment position. However, the division shall return the
115	member's accumulated contributions, if any, that the member
116	accumulated as of the date of conviction.
117	(k)(j)  Benefits shall not be paid by the division pending
118	final resolution of such charges against a member or beneficiary
119	if the resolution of such charges could require the forfeiture
120	of benefits as provided in paragraph (f), paragraph (g),
121	paragraph (h), or paragraph (i), or paragraph (j).
122	Section 5.  Paragraph (g) of subsection (2) of section
123	402.3055, Florida Statutes, is amended, and subsections (3) and
124	(4) are added to that section, to read:
125	402.3055  Child care personnel requirements.--
126	(2)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
127	A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS
128	PROVIDED.--
129	(g)  Refusal on the part of an applicant or licensee to
130	dismiss child care personnel who are ineligible for such
131	employment under chapter 435 or s. 1012.315 have been found to
132	be in noncompliance with personnel standards of s. 402.305(2)
133	shall result in automatic denial or revocation of the license in
134	addition to any other remedies pursued by the department or
135	local licensing agency.
136	(3)  DISQUALIFICATION FROM EMPLOYMENT.--Child care
137	personnel required to be screened under ss. 402.301-402.319 must
138	be disqualified from employment if ineligible for such
139	employment under chapter 435 or s. 1012.315.
140	(4)  REPORTING UPON SEPARATION FROM EMPLOYMENT.--The
141	employer of any child care personnel required to be screened
142	under ss. 402.301-402.319 shall, upon the child care personnel's
143	separation from employment, report the separation to the
144	department in the format and within the time limits that the
145	department prescribes by rule. The report must include the
146	reason for separation; whether the separation was based in whole
147	or in part on misconduct of the child care personnel which
148	affects the health, safety, or welfare of a child; and whether
149	the child care personnel were terminated or dismissed or
150	resigned in lieu of termination. The department shall maintain a
151	record of each employment separation in the Child Care Licensing
152	Information System. As used in this subsection, the term
153	"employer" includes, but is not limited to, an employer of child
154	care personnel required to be screened under s. 402.302, s.
155	402.3025, s. 402.305, s. 402.3054, s. 402.313, s. 402.3131, s.
156	402.316, s. 1002.55, s. 1002.61, or s. 1002.63.
157	Section 6.  Paragraph (d) of subsection (3) and paragraph
158	(d) of subsection (4) of section 402.308, Florida Statutes, are
159	amended to read:
160	402.308  Issuance of license.--
161	(3)  STATE ADMINISTRATION OF LICENSING.--In any county in
162	which the department has the authority to issue licenses, the
163	following procedures shall be applied:
164	(d)  The department shall issue or renew a license upon
165	receipt of the license fee and upon being satisfied that all
166	standards required by ss. 402.301-402.319 have been met. A
167	license may be issued if all the screening materials have been
168	timely submitted; however, a license may not be issued or
169	renewed if any of the child care personnel at the applicant
170	facility are ineligible for such employment under chapter 435 or
171	s. 1012.315 have failed the screening required by ss. 402.305(2)
172	and 402.3055.
173	(4)  LOCAL ADMINISTRATION OF LICENSING.--In any county in
174	which there is a local licensing agency approved by the
175	department, the following procedures shall apply:
176	(d)  The local licensing agency shall issue a license or
177	renew a license upon being satisfied that all standards required
178	by ss. 402.301-402.319 have been met. A license may be issued or
179	renewed if all the screening materials have been timely
180	submitted; however, the local licensing agency shall not issue
181	or renew a license if any of the child care personnel at the
182	applicant facility are ineligible for such employment under
183	chapter 435 or s. 1012.315 have failed the screening required by
184	ss. 402.305(2) and 402.3055.
185	Section 7.  Subsections (4) and (5) of section 435.04,
186	Florida Statutes, are renumbered as subsections (5) and (6),
187	respectively, and a new subsection (4) is added to that section
188	to read:
189	435.04  Level 2 screening standards.--
190	(4)  The security background investigations conducted under
191	this section must ensure that any child care personnel subject
192	to this section pursuant to ss. 402.301-402.319, or any
193	prekindergarten instructor subject to this section pursuant to
194	s. 1002.55 or s. 1002.61, has not been found guilty of,
195	regardless of adjudication, or entered a plea of nolo contendere
196	or guilty to, any offense prohibited under any statute listed in
197	subsection (2) or under any of the following statutes:
198	(a)  Section 787.025, relating to luring or enticing a
199	child.
200	(b)  Chapter 794, relating to sexual battery, if the
201	offense is a felony.
202	(c)  Section 810.14, relating to voyeurism.
203	(d)  Section 810.145, relating to video voyeurism.
204	(e)  Any crime involving moral turpitude as prescribed by
205	the licensing agency, which shall be adopted by rule if the
206	licensing agency is an agency as defined in s. 120.52.
207	(f)  Any criminal act committed in another state or under
208	federal law which, if committed in this state, constitutes an
209	offense prohibited under any statute listed in paragraphs (a)-
210	(e) or subsection (2).
211	(g)  Any delinquent act committed in this state or any
212	delinquent or criminal act committed in another state or under
213	federal law which, if committed in this state, qualifies an
214	individual for inclusion on the Registered Juvenile Sex Offender
215	List under s. 943.0435(1)(a)1.d.
216	Section 8.  Section 794.09, Florida Statutes, is created to
217	read:
218	794.09  Forfeiture of retirement benefits.--The retirement
219	benefits of a person convicted of a felony committed on or after
220	October 1, 2008, under this chapter are subject to forfeiture in
221	accordance with s. 112.3173 or s. 121.091 if the person is a
222	public officer or employee when the offense occurs; the person
223	commits the offense through the use or attempted use of power,
224	rights, privileges, duties, or position of the person's public
225	office or employment position; and the victim is younger than 18
226	years of age when the offense occurs.
227	Section 9.  Section 800.05, Florida Statutes, is created
228	to:
229	800.05  Forfeiture of retirement benefits for a felony
230	defined in s. 800.04.--The retirement benefits of a person
231	convicted of a felony committed on or after October 1, 2008,
232	defined in s. 800.04 are subject to forfeiture in accordance
233	with s. 112.3173 or s. 121.091 if the person is a public officer
234	or employee when the offense occurs; the person commits the
235	offense through the use or attempted use of power, rights,
236	privileges, duties, or position of the person's public office or
237	employment position; and the victim is younger than 16 years of
238	age when the offense occurs.
239	Section 10.  Subsection (4) of section 1001.10, Florida
240	Statutes, is renumbered as subsection (6) and new subsections
241	(4) and (5) are added to that section to read:
242	1001.10  Commissioner of Education; general powers and
243	duties.--
244	(4)  The Department of Education shall provide technical
245	assistance to school districts, charter schools, and the Florida
246	School for the Deaf and the Blind in the development of
247	policies, procedures, and training related to standards of
248	conduct for employees and employment practices.
249	(5)  The Department of Education shall provide authorized
250	staff of the Department of Children and Family Services, the
251	Agency for Workforce Innovation, school districts, charter
252	schools, the Florida School for the Deaf and the Blind, private
253	schools that accept scholarship students under s. 220.187 or s.
254	1002.39, early learning coalitions created under s. 411.01, and
255	private prekindergarten providers as defined in s. 1002.51 with
256	access to electronic verification of information from the
257	following employment screening tools:
258	(a)  The Professional Practices' Database of Disciplinary
259	Actions Against Educators; and
260	(b)  The Department of Education's Teacher Certification
261	Database.
262
263	This subsection does not require the department to provide these
264	staff with unlimited access to the databases. However, the
265	department shall provide the staff with access to the data
266	necessary for performing employment history checks of employees
267	included in the databases.
268	Section 11.  Subsection (4) of section 1001.32, Florida
269	Statutes, is amended to read:
270	1001.32  Management, control, operation, administration,
271	and supervision.--The district school system must be managed,
272	controlled, operated, administered, and supervised as follows:
273	(4)  SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility
274	for the administration of any school or schools at a given
275	school center, for the supervision of instruction therein, and
276	for providing leadership in the development or revision and
277	implementation of a school improvement plan required by s.
278	1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the
279	school principal or head of the school or schools in accordance
280	with rules established by the district school board.
281	Section 12.  Subsections (6) through (23) of section
282	1001.42, Florida Statutes, are renumbered as subsections (8)
283	through (25), respectively, and new subsections (6) and (7) are
284	added to that section to read:
285	1001.42  Powers and duties of district school board.--The
286	district school board, acting as a board, shall exercise all
287	powers and perform all duties listed below:
288	(6)  STANDARDS OF CONDUCT FOR EMPLOYEES.--Adopt policies
289	establishing standards of conduct for all employees and
290	requiring training for all employees on the standards. The
291	policies must include the duty of employees to report, and
292	procedures for reporting, the alleged misconduct of an employee
293	which affects the health, safety, or welfare of a student and an
294	explanation of the liability protections provided for students,
295	parents, and employees under ss. 39.203 and 768.095. A district
296	school board, or any of its employees, may not enter into a
297	confidentiality agreement regarding a terminated or dismissed
298	employee, or an employee who resigns in lieu of termination,
299	based in whole or in part on misconduct that affects the health,
300	safety, or welfare of a student, and may not provide the
301	employee with an employment reference, or discuss the employee's
302	performance with a prospective employer in another educational
303	setting, without disclosing the misconduct that led to the
304	employee's termination, dismissal, or resignation. Any portion
305	of an agreement or contract that has the purpose or effect of
306	concealing the misconduct of an employee which affects the
307	health, safety, or welfare of a student is void, is contrary to
308	public policy, and may not be enforced.
309	(7)  DISQUALIFICATION FROM EMPLOYMENT.--Disqualify from
310	employment in any position that requires direct contact with
311	students a person who is ineligible for such employment under s.
312	1012.315. An elected or appointed school board official forfeits
313	his or her salary for 1 year if the official knowingly signs and
314	transmits to any state official a false or incorrect report of
315	the alleged misconduct of an employee, if the official knows the
316	report to be false or incorrect, and if the alleged misconduct
317	affects the health, safety, or welfare of a student.
318	Section 13.  Paragraphs (a) and (c) of subsection (1) and
319	subsection (2) of section 1001.452, Florida Statutes, are
320	amended to read:
321	1001.452  District and school advisory councils.--
322	(1)  ESTABLISHMENT.--
323	(a)  The district school board shall establish an advisory
324	council for each school in the district and shall develop
325	procedures for the election and appointment of advisory council
326	members. Each school advisory council shall include in its name
327	the words "school advisory council." The school advisory council
328	shall be the sole body responsible for final decisionmaking at
329	the school relating to implementation of ss. 1001.42(18) the
330	provisions of ss. 1001.42(16) and 1008.345. A majority of the
331	members of each school advisory council must be persons who are
332	not employed by the school. Each advisory council shall be
333	composed of the principal and an appropriately balanced number
334	of teachers, education support employees, students, parents, and
335	other business and community citizens who are representative of
336	the ethnic, racial, and economic community served by the school.
337	Career center and high school advisory councils shall include
338	students, and middle and junior high school advisory councils
339	may include students. School advisory councils of career centers
340	and adult education centers are not required to include parents
341	as members. Council members representing teachers, education
342	support employees, students, and parents shall be elected by
343	their respective peer groups at the school in a fair and
344	equitable manner as follows:
345	1.  Teachers shall be elected by teachers.
346	2.  Education support employees shall be elected by
347	education support employees.
348	3.  Students shall be elected by students.
349	4.  Parents shall be elected by parents.
350
351	The district school board shall establish procedures to be used
352	for use by schools in selecting business and community members
353	that include means of ensuring wide notice of vacancies and of
354	taking input on possible members from local business, chambers
355	of commerce, community and civic organizations and groups, and
356	the public at large. The district school board shall review the
357	membership composition of each advisory council. If the district
358	school board determines that the membership elected by the
359	school is not representative of the ethnic, racial, and economic
360	community served by the school, the district school board shall
361	appoint additional members to achieve proper representation. The
362	commissioner shall determine if schools have maximized their
363	efforts to include on their advisory councils minority persons
364	and persons of lower socioeconomic status. Although schools are
365	strongly encouraged to establish school advisory councils, the
366	district school board of any school district that has a student
367	population of 10,000 or fewer may establish a district advisory
368	council which includes shall include at least one duly elected
369	teacher from each school in the district. For the purposes of
370	school advisory councils and district advisory councils, the
371	term "teacher" includes shall include classroom teachers,
372	certified student services personnel, and media specialists. For
373	purposes of this paragraph, "education support employee" means
374	any person employed by a school who is not defined as
375	instructional or administrative personnel pursuant to s. 1012.01
376	and whose duties require 20 or more hours in each normal working
377	week.
378	(c)  For those schools operating for the purpose of
379	providing educational services to youth in Department of
380	Juvenile Justice programs, district school boards may establish
381	a district advisory council with appropriate representatives for
382	the purpose of developing and monitoring a district school
383	improvement plan that encompasses all such schools in the
384	district, pursuant to s. 1001.42(18)(a) s. 1001.42(16)(a).
385	(2)  DUTIES.--Each advisory council shall perform such
386	functions as are prescribed by regulations of the district
387	school board; however, no advisory council shall have any of the
388	powers and duties now reserved by law to the district school
389	board. Each school advisory council shall assist in the
390	preparation and evaluation of the school improvement plan
391	required pursuant to s. 1001.42(18) s. 1001.42(16). With
392	technical assistance from the Department of Education, each
393	school advisory council shall assist in the preparation of the
394	school's annual budget and plan as required by s. 1008.385(1). A
395	portion of funds provided in the annual General Appropriations
396	Act for use by school advisory councils must be used for
397	implementing the school improvement plan.
398	Section 14.  Subsection (12) of section 1001.51, Florida
399	Statutes, is amended to read:
400	1001.51  Duties and responsibilities of district school
401	superintendent.--The district school superintendent shall
402	exercise all powers and perform all duties listed below and
403	elsewhere in the law, provided that, in so doing, he or she
404	shall advise and counsel with the district school board. The
405	district school superintendent shall perform all tasks necessary
406	to make sound recommendations, nominations, proposals, and
407	reports required by law to be acted upon by the district school
408	board. All such recommendations, nominations, proposals, and
409	reports by the district school superintendent shall be either
410	recorded in the minutes or shall be made in writing, noted in
411	the minutes, and filed in the public records of the district
412	school board. It shall be presumed that, in the absence of the
413	record required in this section, the recommendations,
414	nominations, and proposals required of the district school
415	superintendent were not contrary to the action taken by the
416	district school board in such matters.
417	(12)  RECORDS AND REPORTS.--Recommend such records as
418	should be kept in addition to those prescribed by rules of the
419	State Board of Education; prepare forms for keeping such records
420	as are approved by the district school board; ensure that such
421	records are properly kept; and make all reports that are needed
422	or required, as follows:
423	(a)  Forms, blanks, and reports.--Require that all
424	employees accurately keep all records and promptly make in
425	proper form all reports required by the education code or by
426	rules of the State Board of Education; recommend the keeping of
427	such additional records and the making of such additional
428	reports as may be deemed necessary to provide data essential for
429	the operation of the school system; and prepare such forms and
430	blanks as may be required and ensure that these records and
431	reports are properly prepared.
432	(b)  Reports to the department.--Prepare, for the approval
433	of the district school board, all reports that may be required
434	by law or rules of the State Board of Education to be made to
435	the department and transmit promptly all such reports, when
436	approved, to the department, as required by law. If any such
437	reports are not transmitted at the time and in the manner
438	prescribed by law or by State Board of Education rules, the
439	salary of the district school superintendent must be withheld
440	until the report has been properly submitted. Unless otherwise
441	provided by rules of the State Board of Education, the annual
442	report on attendance and personnel is due on or before July 1,
443	and the annual school budget and the report on finance are due
444	on the date prescribed by the commissioner.
445
446	Any district school superintendent who knowingly signs and
447	transmits to any state official a false or incorrect report
448	known to be false or incorrect, or who knowingly fails to
449	investigate each allegation of misconduct by an employee which
450	affects the health, safety, or welfare of a student or report
451	each allegation of such misconduct pursuant to s. 1012.796,
452	forfeits shall forfeit his or her right to any salary for the
453	period of 1 year following the from that date of such act or
454	failure to act.
455	Section 15.  Subsection (2) of section 1001.54, Florida
456	Statutes, is amended to read:
457	1001.54  Duties of school principals.--
458	(2)  Each school principal shall provide instructional
459	leadership in the development, revision, and implementation of a
460	school improvement plan pursuant to s. 1001.42(18) s.
461	1001.42(16).
462	Section 16.  Paragraph (b) of subsection (11) of section
463	1002.32, Florida Statutes, is amended to read:
464	1002.32  Developmental research (laboratory) schools.--
465	(11)  EXCEPTIONS TO LAW.--To encourage innovative practices
466	and facilitate the mission of the lab schools, in addition to
467	the exceptions to law specified in s. 1001.23(2), the following
468	exceptions shall be permitted for lab schools:
469	(b)  With the exception of s. 1001.42(18) s. 1001.42(16),
470	s. 1001.42 shall be held in abeyance. Reference to district
471	school boards in s. 1001.42(18) s. 1001.42(16) shall mean the
472	president of the university or the president's designee.
473	Section 17.  Paragraph (g) of subsection (12) of section
474	1002.33, Florida Statutes, is amended to read:
475	1002.33  Charter schools.--
476	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
477	(g)1.  A charter school shall employ or contract with
478	employees who have undergone background screening as provided in
479	s. 1012.32. Members of the governing board of the charter school
480	shall also undergo background screening in a manner similar to
481	that provided in s. 1012.32.
482	2.  A charter school shall disqualify from employment in
483	any position that requires direct contact with students a person
484	who is ineligible for such employment under s. 1012.315.
485	3.  The governing board of a charter school shall adopt
486	policies establishing standards of conduct for all employees and
487	requiring training for all employees on the standards. The
488	policies must include the duty of employees to report, and
489	procedures for reporting, the alleged misconduct of an employee
490	which affects the health, safety, or welfare of a student and an
491	explanation of the liability protections provided for students,
492	parents, and employees under ss. 39.203 and 768.095. A charter
493	school, or any of its employees, may not enter into a
494	confidentiality agreement regarding a terminated or dismissed
495	employee, or an employee who resigns in lieu of termination,
496	based in whole or in part on misconduct that affects the health,
497	safety, or welfare of a student, and may not provide the
498	employee with an employment reference, or discuss the employee's
499	performance with a prospective employer in another educational
500	setting, without disclosing the misconduct that led to the
501	employee's termination, dismissal, or resignation. Any portion
502	of an agreement or contract that has the purpose or effect of
503	concealing the misconduct of an employee which affects the
504	health, safety, or welfare of a student is void, is contrary to
505	public policy, and may not be enforced.
506	4.  Before employing a person in any position that requires
507	direct contact with students, a charter school shall conduct an
508	employment history check of the person's previous employer,
509	screen the person through use of the educator screening tools
510	described in s. 1001.10(5), and document the findings. If unable
511	to contact the person's previous employer, the charter school
512	must document efforts to contact the employer.
513	5.  The sponsor of a charter school that refuses to comply
514	with this paragraph shall terminate the charter under subsection
515	(8).
516	Section 18.  Paragraph (g) is added to subsection (7) of
517	section 1002.36, Florida Statutes, to read:
518	1002.36  Florida School for the Deaf and the Blind.--
519	(7)  PERSONNEL SCREENING.--
520	(g)  For purposes of protecting the health, safety, or
521	welfare of students, the Florida School for the Deaf and the
522	Blind is considered a school district and must, except as
523	otherwise provided in this section, comply with ss. 1001.03,
524	1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
525	1012.56, 1012.795, and 1012.796.
526	Section 19.  Subsections (4), (5), and (6) of section
527	1002.421, Florida Statutes, are renumbered as subsections (5),
528	(6), and (7), respectively, and a new subsection (4) is added to
529	that section to read:
530	1002.421  Accountability of private schools participating
531	in state school choice scholarship programs.--
532	(4)  A private school participating in a scholarship
533	program under s. 220.187 or s. 1002.39 must:
534	(a)  Disqualify from employment in any position that
535	requires direct contact with students a person who is ineligible
536	for such employment under s. 1012.315.
537	(b)  Adopt policies establishing standards of conduct for
538	all employees and requiring training for all employees on the
539	standards. The policies must include the duty of employees to
540	report, and procedures for reporting, the alleged misconduct of
541	an employee which affects the health, safety, or welfare of a
542	student and an explanation of the liability protections provided
543	for students, parents, and employees under ss. 39.203 and
544	768.095. A private school, or any of its employees, may not
545	enter into a confidentiality agreement regarding a terminated or
546	dismissed employee, or an employee who resigns in lieu of
547	termination, based in whole or in part on misconduct that
548	affects the health, safety, or welfare of a student, and may not
549	provide the employee with an employment reference, or discuss
550	the employee's performance with a prospective employer in
551	another educational setting, without disclosing the misconduct
552	that led to the employee's termination, dismissal, or
553	resignation. Any portion of an agreement or contract that has
554	the purpose or effect of concealing the misconduct of an
555	employee which affects the health, safety, or welfare of a
556	student is void, is contrary to public policy, and may not be
557	enforced.
558	(c)  Before employing a person in a position that requires
559	direct contact with students, conduct an employment history
560	check of the person's previous employer, screen the person
561	through use of the educator screening tools described in s.
562	1001.10(5), and document the findings. If unable to contact the
563	person's previous employer, the private school must document
564	efforts to contact the employer.
565
566	The department shall suspend the payment of funds under ss.
567	220.187 and 1002.39 to a private school that refuses to comply
568	with this subsection, and shall prohibit the school from
569	enrolling new scholarship students, until the provider complies.
570	Section 20.  Paragraph (d) of subsection (3) of section
571	1002.55, Florida Statutes, is amended, and paragraph (i) is
572	added to that subsection, to read:
573	1002.55  School-year prekindergarten program delivered by
574	private prekindergarten providers.--
575	(3)  To be eligible to deliver the prekindergarten program,
576	a private prekindergarten provider must meet each of the
577	following requirements:
578	(d)  Each prekindergarten instructor employed by the
579	private prekindergarten provider must be of good moral
580	character, must be screened according to using the level 2
581	screening standards in s. 435.04 upon before employment and
582	rescreened at least once every 5 years in the same manner
583	required for child care personnel under ss. 402.301-402.319,
584	must be disqualified from denied employment or terminated if
585	ineligible for such employment under chapter 435 or s. 1012.315
586	required under s. 435.06, and must not be ineligible to teach in
587	a public school because his or her educator certificate is
588	suspended or revoked.
589	(i)  The private prekindergarten provider must comply with
590	s. 1002.64.
591	Section 21.  Subsection (5) of section 1002.61, Florida
592	Statutes, is amended to read:
593	1002.61  Summer prekindergarten program delivered by public
594	schools and private prekindergarten providers.--
595	(5)  Each prekindergarten instructor employed by a public
596	school or private prekindergarten provider delivering the summer
597	prekindergarten program:
598	(a)  Must be of good moral character;
599	(b)  If employed by a public school, must be screened, and
600	rescreened at least once every 5 years, in accordance with s.
601	1012.32, and must be disqualified from employment if ineligible
602	for such employment under s. 1012.315;
603	(c)  If employed by a private prekindergarten provider,
604	must be screened according to using the level 2 screening
605	standards in s. 435.04 upon before employment, must be and
606	rescreened at least once every 5 years in the same manner
607	required for child care personnel under ss. 402.301-402.319, and
608	must be disqualified from denied employment or terminated if
609	ineligible for such employment under chapter 435 or s. 1012.315;
610	required under s. 435.06, and
611	(d)  Must not be ineligible to teach in a public school
612	because his or her educator certificate is suspended or revoked.
613
614	This subsection does not supersede employment requirements for
615	instructional personnel in public schools which are more
616	stringent than the requirements of this subsection.
617	Section 22.  Subsection (6) of section 1002.63, Florida
618	Statutes, is amended to read:
619	1002.63  School-year prekindergarten program delivered by
620	public schools.--
621	(6)  Each prekindergarten instructor employed by a public
622	school delivering the school-year prekindergarten program must
623	be of good moral character;, must be screened, using the level 2
624	screening standards in s. 435.04 before employment and
625	rescreened at least once every 5 years, in accordance with s.
626	1012.32; must be disqualified from denied employment or
627	terminated if ineligible for such employment under s. 1012.315;
628	required under s. 435.06, and must not be ineligible to teach in
629	a public school because his or her educator certificate is
630	suspended or revoked. This subsection does not supersede
631	employment requirements for instructional personnel in public
632	schools which are more stringent than the requirements of this
633	subsection.
634	Section 23.  Section 1002.64, Florida Statutes, is created
635	to read:
636	1002.64  Private prekindergarten providers; standards of
637	conduct; training; prohibited confidentiality agreements;
638	employment history checks.--
639	(1)  A private prekindergarten provider delivering a
640	school-year prekindergarten program under s. 1002.55, or a
641	summer prekindergarten program under s. 1002.61, shall comply
642	with the following requirements:
643	(a)  The private prekindergarten provider must complete
644	training developed by the Department of Children and Family
645	Services in collaboration with the Agency for Workforce
646	Innovation. The training shall include strategies for the
647	adoption of policies that establish standards of conduct for all
648	employees, require training on the standards, and create a duty
649	of employees to report, and provide procedures for reporting,
650	the alleged misconduct of an employee which affects the health,
651	safety, or welfare of a student. The training shall also include
652	an explanation of the liability protections provided for
653	students, parents, and employees under ss. 39.203 and 768.095.
654	Successful completion of the training shall be documented on the
655	child care personnel training transcript of the Department of
656	Children and Family Services.
657	(b)  The private prekindergarten provider, or any of its
658	employees, may not enter into a confidentiality agreement
659	regarding a terminated or dismissed employee, or an employee who
660	resigns in lieu of termination, based in whole or in part on
661	misconduct that affects the health, safety, or welfare of a
662	student, and may not provide the employee with an employment
663	reference, or discuss the employee's performance with a
664	prospective employer in another educational setting, without
665	disclosing the misconduct that led to the employee's
666	termination, dismissal, or resignation. A portion of an
667	agreement or contract that has the purpose or effect of
668	concealing the misconduct of an employee which affects the
669	health, safety, or welfare of a child is void, is contrary to
670	public policy, and may not be enforced.
671	(c)  The private prekindergarten provider must, before
672	employing a person in any position that requires direct contact
673	with children, conduct an employment history check of the
674	person's previous employer, screen the person through use of the
675	educator screening tools described in s. 1001.10(5) and records
676	of employment separation which are maintained in the Child Care
677	Licensing Information System by the Department of Children and
678	Family Services under s. 402.3055(4), and document the findings.
679	If unable to contact the person's previous employer, the private
680	prekindergarten provider shall document efforts to contact the
681	employer.
682	(2)  The Agency for Workforce Innovation and the early
683	learning coalition shall suspend the payment of funds under this
684	part to a private prekindergarten provider that refuses to
685	comply with this section, and shall prohibit the provider from
686	enrolling new children in a prekindergarten program, until the
687	provider complies.
688	Section 24.  Subsection (2) of section 1003.413, Florida
689	Statutes, is amended to read:
690	1003.413  Florida Secondary School Redesign Act.--
691	(2)  The following guiding principles for secondary school
692	redesign shall be used in the annual preparation of each
693	secondary school's improvement plan required by s. 1001.42(18)
694	s. 1001.42(16):
695	(a)  Struggling students, especially those in failing
696	schools, need the highest quality teachers and dramatically
697	different, innovative approaches to teaching and learning.
698	(b)  Every teacher must contribute to every student's
699	reading improvement.
700	(c)  Quality professional development provides teachers and
701	principals with the tools they need to better serve students.
702	(d)  Small learning communities allow teachers to
703	personalize instruction to better address student learning
704	styles, strengths, and weaknesses.
705	(e)  Intensive intervention in reading and mathematics must
706	occur early and through innovative delivery systems.
707	(f)  Parents need access to tools they can use to monitor
708	their child's progress in school, communicate with teachers, and
709	act early on behalf of their child.
710	(g)  Applied and integrated courses help students see the
711	relationships between subjects and relevance to their futures.
712	(h)  School is more relevant when students choose courses
713	based on their goals, interests, and talents.
714	(i)  Master schedules should not determine instruction and
715	must be designed based on student needs, not adult or
716	institutional needs.
717	(j)  Academic and career planning engages students in
718	developing a personally meaningful course of study so they can
719	achieve goals they have set for themselves.
720	Section 25.  Paragraph (b) of subsection (2) of section
721	1003.53, Florida Statutes, is amended to read:
722	1003.53  Dropout prevention and academic intervention.--
723	(2)
724	(b)  Each school that establishes a dropout prevention and
725	academic intervention program at that school site shall reflect
726	that program in the school improvement plan as required under s.
727	1001.42(18) s. 1001.42(16).
728	Section 26.  Subsections (1) and (3) of section 1004.92,
729	Florida Statutes, are amended to read:
730	1004.92  Purpose and responsibilities for career
731	education.--
732	(1)  The purpose of career education is to enable students
733	who complete career programs to attain and sustain employment
734	and realize economic self-sufficiency. The purpose of this
735	section is to identify issues related to career education for
736	which school boards and community college boards of trustees are
737	accountable. It is the intent of the Legislature that the
738	standards articulated in subsection (2) be considered in the
739	development of accountability standards for public schools
740	pursuant to ss. 1000.03, 1001.42(18) 1001.42(16), and 1008.345
741	and for community colleges pursuant to s. 1008.45.
742	(3)  Each career center operated by a district school board
743	shall establish a center advisory council pursuant to s.
744	1001.452. The center advisory council shall assist in the
745	preparation and evaluation of center improvement plans required
746	pursuant to s. 1001.42(18) s. 1001.42(16) and may provide
747	assistance, upon the request of the center director, in the
748	preparation of the center's annual budget and plan as required
749	by s. 1008.385(1).
750	Section 27.  Section 1006.061, Florida Statutes, is amended
751	to read:
752	1006.061  Child abuse, abandonment, and neglect
753	policy.--Each district school board, charter school, private
754	school that accepts scholarship students under s. 220.187 or s.
755	1002.39, and private prekindergarten provider as defined in s.
756	1002.51 shall:
757	(1)  Post in a prominent place in each school a notice
758	that, pursuant to chapter 39, all employees and agents of the
759	district school board, charter school, private school, or
760	private prekindergarten provider have an affirmative duty to
761	report all actual or suspected cases of child abuse,
762	abandonment, or neglect; have immunity from liability if they
763	report such cases in good faith; and have a duty to comply with
764	child protective investigations and all other provisions of law
765	relating to child abuse, abandonment, and neglect. The notice
766	shall also include the statewide toll-free telephone number of
767	the central abuse hotline.
768	(2)  Post in a prominent place at each school site and on
769	each school's Internet website, if available, the policies and
770	procedures for reporting the alleged misconduct of an employee
771	which affects the health, safety, or welfare of a student; the
772	contact person to whom the report is made; and the penalties
773	imposed on employees or agents for failing to report actual or
774	suspected cases of child abuse or alleged misconduct by an
775	employee.
776	(3)(2)  Require the principal of the charter school or
777	private school, the prekindergarten director of the private
778	prekindergarten provider, or the district school superintendent,
779	or the superintendent's designee, at the request of the
780	Department of Children and Family Services, to act as a liaison
781	to the Department of Children and Family Services and the child
782	protection team, as defined in s. 39.01, when in a case of
783	suspected child abuse, abandonment, or neglect or an unlawful
784	sexual offense involving a child the case is referred to such a
785	team; except that this does not relieve or restrict the
786	Department of Children and Family Services from discharging its
787	duty and responsibility under the law to investigate and report
788	every suspected or actual case of child abuse, abandonment, or
789	neglect or unlawful sexual offense involving a child.
790
791	The Department of Education shall develop, and publish on the
792	department's Internet website, sample notices suitable for
793	posting in accordance with subsections (1) and (2).
794	Section 28.  Subsection (4) of section 1008.33, Florida
795	Statutes, is amended to read:
796	1008.33  Authority to enforce public school
797	improvement.--It is the intent of the Legislature that all
798	public schools be held accountable for students performing at
799	acceptable levels. A system of school improvement and
800	accountability that assesses student performance by school,
801	identifies schools in which students are not making adequate
802	progress toward state standards, institutes appropriate measures
803	for enforcing improvement, and provides rewards and sanctions
804	based on performance shall be the responsibility of the State
805	Board of Education.
806	(4)  The State Board of Education may require the
807	Department of Education or Chief Financial Officer to withhold
808	any transfer of state funds to the school district if, within
809	the timeframe specified in state board action, the school
810	district has failed to comply with the action ordered to improve
811	the district's low-performing schools. Withholding the transfer
812	of funds shall occur only after all other recommended actions
813	for school improvement have failed to improve performance. The
814	State Board of Education may impose the same penalty on any
815	district school board that fails to develop and implement a plan
816	for assistance and intervention for low-performing schools as
817	specified in s. 1001.42(18)(c) s. 1001.42(16)(c).
818	Section 29.  Paragraph (c) of subsection (6) of section
819	1008.345, Florida Statutes, is amended to read:
820	1008.345  Implementation of state system of school
821	improvement and education accountability.--
822	(6)
823	(c)  Pursuant to s. 24.121(5)(d), the department shall not
824	release funds from the Educational Enhancement Trust Fund to any
825	district in which a school, including schools operating for the
826	purpose of providing educational services to youth in Department
827	of Juvenile Justice programs, does not have an approved school
828	improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),
829	after 1 full school year of planning and development, or does
830	not comply with school advisory council membership composition
831	requirements pursuant to s. 1001.452. The department shall send
832	a technical assistance team to each school without an approved
833	plan to develop such school improvement plan or to each school
834	without appropriate school advisory council membership
835	composition to develop a strategy for corrective action. The
836	department shall release the funds upon approval of the plan or
837	upon establishment of a plan of corrective action. Notice shall
838	be given to the public of the department's intervention and
839	shall identify each school without a plan or without appropriate
840	school advisory council membership composition.
841	Section 30.  Subsection (5) of section 1010.215, Florida
842	Statutes, is amended to read:
843	1010.215  Educational funding accountability.--
844	(5)  The annual school public accountability report
845	required by ss. 1001.42(18) 1001.42(16) and 1008.345 must
846	include a school financial report. The purpose of the school
847	financial report is to better inform parents and the public
848	concerning how funds were spent to operate the school during the
849	prior fiscal year. Each school's financial report must follow a
850	uniform, districtwide format that is easy to read and
851	understand.
852	(a)  Total revenue must be reported at the school,
853	district, and state levels. The revenue sources that must be
854	addressed are state and local funds, other than lottery funds;
855	lottery funds; federal funds; and private donations.
856	(b)  Expenditures must be reported as the total
857	expenditures per unweighted full-time equivalent student at the
858	school level and the average expenditures per full-time
859	equivalent student at the district and state levels in each of
860	the following categories and subcategories:
861	1.  Teachers, excluding substitute teachers, and education
862	paraprofessionals who provide direct classroom instruction to
863	students enrolled in programs classified by s. 1011.62 as:
864	a.  Basic programs;
865	b.  Students-at-risk programs;
866	c.  Special programs for exceptional students;
867	d.  Career education programs; and
868	e.  Adult programs.
869	2.  Substitute teachers.
870	3.  Other instructional personnel, including school-based
871	instructional specialists and their assistants.
872	4.  Contracted instructional services, including training
873	for instructional staff and other contracted instructional
874	services.
875	5.  School administration, including school-based
876	administrative personnel and school-based education support
877	personnel.
878	6.  The following materials, supplies, and operating
879	capital outlay:
880	a.  Textbooks;
881	b.  Computer hardware and software;
882	c.  Other instructional materials;
883	d.  Other materials and supplies; and
884	e.  Library media materials.
885	7.  Food services.
886	8.  Other support services.
887	9.  Operation and maintenance of the school plant.
888	(c)  The school financial report must also identify the
889	types of district-level expenditures that support the school's
890	operations. The total amount of these district-level
891	expenditures must be reported and expressed as total
892	expenditures per full-time equivalent student.
893	Section 31.  Paragraph (b) of subsection (6) of section
894	1011.18, Florida Statutes, is amended to read:
895	1011.18  School depositories; payments into and withdrawals
896	from depositories.--
897	(6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
898	ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
899	(b)  The district school board may contract with an
900	insurance company or professional administrator who holds a
901	valid certificate of authority issued by the Office of Insurance
902	Regulation of the Financial Services Commission to provide any
903	or all services that a third-party administrator is authorized
904	by law to perform. Pursuant to such contract, the district
905	school board may advance or remit money to the administrator to
906	be deposited in a designated special checking account for paying
907	claims against the district school board under its self-
908	insurance programs, and remitting premiums to the providers of
909	insured benefits on behalf of the district school board and the
910	participants in such programs, and otherwise fulfilling the
911	obligations imposed upon the administrator by law and the
912	contractual agreements between the district school board and the
913	administrator. The special checking account shall be maintained
914	in a designated district school depository. The district school
915	board may replenish such account as often as necessary upon the
916	presentation by the service organization of documentation for
917	claims or premiums due paid equal to the amount of the requested
918	reimbursement. Such replenishment shall be made by a warrant
919	signed by the chair of the district school board and
920	countersigned by the district school superintendent. Such
921	replenishment may be made by electronic, telephonic, or other
922	medium, and each transfer shall be confirmed in writing and
923	signed by the district school superintendent or his or her
924	designee. The provisions of strict accountability of all funds
925	and an annual audit by an independent certified public
926	accountant as provided in s. 1001.42(12)(k) s. 1001.42(10)(k)
927	shall apply to this subsection.
928	Section 32.  Subsection (6) of section 1012.27, Florida
929	Statutes, is renumbered as subsection (7), and a new subsection
930	(6) is added to that section to read:
931	1012.27  Public school personnel; powers and duties of
932	district school superintendent.--The district school
933	superintendent is responsible for directing the work of the
934	personnel, subject to the requirements of this chapter, and in
935	addition the district school superintendent shall perform the
936	following:
937	(6)  EMPLOYMENT HISTORY CHECKS.--Before employing a person
938	in any position that requires direct contact with students,
939	conduct an employment history check of the person's previous
940	employer, screen the person through use of the educator
941	screening tools described in s. 1001.10(5), and document the
942	findings. If unable to contact the person's previous employer,
943	the district school superintendent shall document efforts to
944	contact the employer.
945	Section 33.  Section 1012.315, Florida Statutes, is created
946	to read:
947	1012.315  Disqualification from employment.--A person is
948	ineligible for educator certification or employment in any
949	position that requires direct contact with students in a
950	district school system, charter school, or private school that
951	accepts scholarship students under s. 220.187 or s. 1002.39, or
952	employment as a prekindergarten instructor as defined in s.
953	1002.51 or as child care personnel as defined in s. 402.302, if
954	the person has been convicted or found guilty of, or entered a
955	plea of guilty or nolo contendere to, regardless of adjudication
956	of guilt, any felony offense prohibited under any of the
957	following statutes:
958	(1)  Section 393.135, relating to sexual misconduct with
959	certain developmentally disabled clients and reporting of such
960	sexual misconduct.
961	(2)  Section 394.4593, relating to sexual misconduct with
962	certain mental health patients and reporting of such sexual
963	misconduct.
964	(3)  Section 782.04, relating to murder.
965	(4)  Section 782.07, relating to manslaughter, aggravated
966	manslaughter of an elderly person or disabled adult, aggravated
967	manslaughter of a child, or aggravated manslaughter of an
968	officer, a firefighter, an emergency medical technician, or a
969	paramedic.
970	(5)  Section 782.09, relating to killing of an unborn quick
971	child by injury to the mother.
972	(6)  Section 787.01, relating to kidnapping.
973	(7)  Section 787.02, relating to false imprisonment.
974	(8)  Section 787.025, relating to luring or enticing a
975	child.
976	(9)  Section 787.04(2), relating to leading, taking,
977	enticing, or removing a minor beyond the state limits, or
978	concealing the location of a minor, with criminal intent pending
979	custody proceedings.
980	(10)  Section 787.04(3), relating to leading, taking,
981	enticing, or removing a minor beyond the state limits, or
982	concealing the location of a minor, with criminal intent pending
983	dependency proceedings or proceedings concerning alleged abuse
984	or neglect of a minor.
985	(11)  Chapter 794, relating to sexual battery.
986	(12)  Section 796.03, relating to procuring a person under
987	the age of 18 for prostitution.
988	(13)  Section 796.035, relating to selling or buying of
989	minors in sex trafficking or prostitution.
990	(14)  Chapter 800, relating to lewdness and indecent
991	exposure.
992	(15)  Section 810.14, relating to voyeurism.
993	(16)  Section 810.145, relating to video voyeurism.
994	(17)  Section 825.102, relating to abuse, aggravated abuse,
995	or neglect of an elderly person or disabled adult.
996	(18)  Section 825.1025, relating to lewd or lascivious
997	offenses committed upon or in the presence of an elderly person
998	or disabled person.
999	(19)  Section 826.04, relating to incest.
1000	(20)  Section 827.03, relating to child abuse, aggravated
1001	child abuse, or neglect of a child.
1002	(21)  Section 827.04(3), relating to a person 21 years of
1003	age or older impregnating a child under 16 years of age.
1004	(22)  Section 827.071, relating to sexual performance by a
1005	child.
1006	(23)  Chapter 847, relating to obscenity.
1007	(24)  Section 916.1075, relating to sexual misconduct with
1008	certain forensic clients and reporting of such sexual
1009	misconduct.
1010	(25)  Section 985.701, relating to sexual misconduct in
1011	juvenile justice programs.
1012	(26)  Any criminal act committed in another state or under
1013	federal law which, if committed in this state, constitutes an
1014	offense prohibited under any statute listed in subsections (1)-
1015	(25).
1016	(27)  Any delinquent act committed in this state or any
1017	delinquent or criminal act committed in another state or under
1018	federal law which, if committed in this state, qualifies an
1019	individual for inclusion on the Registered Juvenile Sex Offender
1020	List under s. 943.0435(1)(a)1.d.
1021	Section 34.  Subsections (1) and (2) and paragraph (c) of
1022	subsection (3) of section 1012.32, Florida Statutes, are amended
1023	to read:
1024	1012.32  Qualifications of personnel.--
1025	(1)  To be eligible for appointment in any position in any
1026	district school system, a person must shall be of good moral
1027	character; must shall have attained the age of 18 years, if he
1028	or she is to be employed in an instructional capacity; must not
1029	be ineligible for such employment under s. 1012.315; and must
1030	shall, when required by law, hold a certificate or license
1031	issued under rules of the State Board of Education or the
1032	Department of Children and Family Services, except when employed
1033	pursuant to s. 1012.55 or under the emergency provisions of s.
1034	1012.24. Previous residence in this state shall not be required
1035	in any school of the state as a prerequisite for any person
1036	holding a valid Florida certificate or license to serve in an
1037	instructional capacity.
1038	(2)(a)  Instructional and noninstructional personnel who
1039	are hired or contracted to fill positions that require requiring
1040	direct contact with students in any district school system or
1041	university lab school must shall, upon employment or engagement
1042	to provide services, undergo background screening as required
1043	under s. 1012.465 or s. 1012.56, whichever is applicable.
1044	(b)  Instructional and noninstructional personnel who are
1045	hired or contracted to fill positions in any charter school and
1046	members of the governing board of any charter school, in
1047	compliance with s. 1002.33(12)(g), must shall, upon employment,
1048	engagement of services, or appointment, undergo background
1049	screening as required under s. 1012.465 or s. 1012.56, whichever
1050	is applicable, by filing with the district school board for the
1051	school district in which the charter school is located a
1052	complete set of fingerprints taken by an authorized law
1053	enforcement agency or an employee of the school or school
1054	district who is trained to take fingerprints.
1055	(c)  Instructional and noninstructional personnel who are
1056	hired or contracted to fill positions that require requiring
1057	direct contact with students in an alternative school that
1058	operates under contract with a district school system must
1059	shall, upon employment or engagement to provide services,
1060	undergo background screening as required under s. 1012.465 or s.
1061	1012.56, whichever is applicable, by filing with the district
1062	school board for the school district to which the alternative
1063	school is under contract a complete set of fingerprints taken by
1064	an authorized law enforcement agency or an employee of the
1065	school or school district who is trained to take fingerprints.
1066	(d)  Student teachers, persons participating in a field
1067	experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
1068	participating in a short-term experience as a teacher assistant
1069	pursuant to s. 1004.04(10) in any district school system, lab
1070	school, or charter school must shall, upon engagement to provide
1071	services, undergo background screening as required under s.
1072	1012.56.
1073
1074	Fingerprints shall be submitted to the Department of Law
1075	Enforcement for statewide criminal and juvenile records checks
1076	state processing and to the Federal Bureau of Investigation for
1077	federal criminal records checks processing. A person Persons
1078	subject to this subsection who is found ineligible for
1079	employment under s. 1012.315, or otherwise found through
1080	background screening fingerprint processing to have been
1081	convicted or found guilty of, or entered a plea of guilty or
1082	nolo contendere to, regardless of adjudication of guilt, any a
1083	crime involving moral turpitude as defined by rule of the State
1084	Board of Education, shall not be employed, engaged to provide
1085	services, or serve in any position that requires requiring
1086	direct contact with students. Probationary persons subject to
1087	this subsection terminated because of their criminal record have
1088	the right to appeal such decisions. The cost of the background
1089	screening may be borne by the district school board, the charter
1090	school, the employee, the contractor, or a person subject to
1091	this subsection.
1092	(3)
1093	(c)  Personnel whose fingerprints are not retained by the
1094	Department of Law Enforcement under paragraphs (a) and (b) must
1095	are required to be refingerprinted and rescreened in accordance
1096	with subsection (2) must meet level 2 screening requirements as
1097	described in this section upon reemployment or reengagement to
1098	provide services in order to comply with the requirements of
1099	this subsection.
1100	Section 35.  Paragraph (a) of subsection (1), paragraph (c)
1101	of subsection (4), and paragraph (b) of subsection (6) of
1102	section 1012.33, Florida Statutes, are amended to read:
1103	1012.33  Contracts with instructional staff, supervisors,
1104	and school principals.--
1105	(1)(a)  Each person employed as a member of the
1106	instructional staff in any district school system shall be
1107	properly certified pursuant to s. 1012.56 or s. 1012.57 or
1108	employed pursuant to s. 1012.39 and shall be entitled to and
1109	shall receive a written contract as specified in this section.
1110	All such contracts, except continuing contracts as specified in
1111	subsection (4), shall contain provisions for dismissal during
1112	the term of the contract only for just cause. Just cause
1113	includes, but is not limited to, the following instances, as
1114	defined by rule of the State Board of Education: immorality,
1115	misconduct in office, incompetency, gross insubordination,
1116	willful neglect of duty, or being convicted or found guilty of,
1117	or entering a plea of guilty or nolo contendere to, regardless
1118	of adjudication of guilt, any or conviction of a crime involving
1119	moral turpitude.
1120	(4)
1121	(c)  Any member of the district administrative or
1122	supervisory staff and any member of the instructional staff,
1123	including any school principal, who is under continuing contract
1124	may be suspended or dismissed at any time during the school
1125	year; however, the charges against him or her must be based on
1126	immorality, misconduct in office, incompetency, gross
1127	insubordination, willful neglect of duty, drunkenness, or being
1128	convicted or found guilty of, or entering a plea of guilty or
1129	nolo contendere to, regardless of adjudication of guilt, any
1130	conviction of a crime involving moral turpitude, as these terms
1131	are defined by rule of the State Board of Education. Whenever
1132	such charges are made against an any such employee of the
1133	district school board, the district school board may suspend
1134	such person without pay; but, if the charges are not sustained,
1135	he or she shall be immediately reinstated, and his or her back
1136	salary shall be paid. In cases of suspension by the district
1137	school board or by the district school superintendent, the
1138	district school board shall determine upon the evidence
1139	submitted whether the charges have been sustained and, if the
1140	charges are sustained, shall determine either to dismiss the
1141	employee or fix the terms under which he or she may be
1142	reinstated. If such charges are sustained by a majority vote of
1143	the full membership of the district school board and the such
1144	employee is discharged, his or her contract of employment shall
1145	be thereby canceled. Any such decision adverse to the employee
1146	may be appealed by the employee pursuant to s. 120.68, provided
1147	the such appeal is filed within 30 days after the decision of
1148	the district school board.
1149	(6)
1150	(b)  Any member of the district administrative or
1151	supervisory staff, including any principal but excluding an
1152	employee specified in subsection (4), may be suspended or
1153	dismissed at any time during the term of the contract; however,
1154	the charges against him or her must be based on immorality,
1155	misconduct in office, incompetency, gross insubordination,
1156	willful neglect of duty, drunkenness, or being convicted or
1157	found guilty of, or entering a plea of guilty or nolo contendere
1158	to, regardless of adjudication of guilt, conviction of any crime
1159	involving moral turpitude, as these terms are defined by rule of
1160	the State Board of Education. Whenever such charges are made
1161	against an any such employee of the district school board, the
1162	district school board may suspend the employee without pay; but,
1163	if the charges are not sustained, he or she shall be immediately
1164	reinstated, and his or her back salary shall be paid. In cases
1165	of suspension by the district school board or by the district
1166	school superintendent, the district school board shall determine
1167	upon the evidence submitted whether the charges have been
1168	sustained and, if the charges are sustained, shall determine
1169	either to dismiss the employee or fix the terms under which he
1170	or she may be reinstated. If such charges are sustained by a
1171	majority vote of the full membership of the district school
1172	board and the such employee is discharged, his or her contract
1173	of employment shall be thereby canceled. Any such decision
1174	adverse to the employee may be appealed by him or her pursuant
1175	to s. 120.68, provided such appeal is filed within 30 days after
1176	the decision of the district school board.
1177	Section 36.  Subsection (4) of section 1012.34, Florida
1178	Statutes, is amended to read:
1179	1012.34  Assessment procedures and criteria.--
1180	(4)  The district school superintendent shall notify the
1181	department of any instructional personnel who receive two
1182	consecutive unsatisfactory evaluations and who have been given
1183	written notice by the district that their employment is being
1184	terminated or is not being renewed or that the district school
1185	board intends to terminate, or not renew, their employment. The
1186	department shall conduct an investigation to determine whether
1187	action shall be taken against the certificateholder pursuant to
1188	s. 1012.795(1)(c) s. 1012.795(1)(b).
1189	Section 37.  Section 1012.465, Florida Statutes, is amended
1190	to read:
1191	1012.465  Background screening requirements for certain
1192	noninstructional school district employees and contractors.--
1193	(1)  Except as provided in s. 1012.467 or s. 1012.468,
1194	noninstructional school district employees or contractual
1195	personnel who are permitted access on school grounds when
1196	students are present, who have direct contact with students, or
1197	who have access to or control of school funds must be screened
1198	meet level 2 screening requirements as described in accordance
1199	with s. 1012.32 and, if employed in any position that requires
1200	direct contact with students, must not be ineligible for such
1201	employment under s. 1012.315. Contractual personnel shall
1202	include any vendor, individual, or entity under contract with a
1203	school or the school board.
1204	(2)  Every 5 years following employment or entry into a
1205	contract in a capacity described in subsection (1), each person
1206	who is so employed or under contract with the school district
1207	must be rescreened meet level 2 screening requirements as
1208	described in accordance with s. 1012.32, at which time the
1209	school district shall request the Department of Law Enforcement
1210	to forward the fingerprints to the Federal Bureau of
1211	Investigation for federal criminal records checks the level 2
1212	screening. If, for any reason following employment or entry into
1213	a contract in a capacity described in subsection (1), the
1214	fingerprints of a person who is so employed or under contract
1215	with the school district are not retained by the Department of
1216	Law Enforcement under s. 1012.32(3)(a) and (b), the person must
1217	file a complete set of fingerprints with the district school
1218	superintendent of the employing or contracting school district.
1219	Upon submission of fingerprints for this purpose, the school
1220	district shall request the Department of Law Enforcement to
1221	forward the fingerprints to the Federal Bureau of Investigation
1222	for federal criminal records checks the level 2 screening, and
1223	the fingerprints shall be retained by the Department of Law
1224	Enforcement under s. 1012.32(3)(a) and (b). The cost of the
1225	state and federal criminal history check required by subsection
1226	(1) and this subsection level 2 screening may be borne by the
1227	district school board, the contractor, or the person
1228	fingerprinted. Under penalty of perjury, each person who is
1229	employed or under contract in a capacity described in subsection
1230	(1) must agree to inform his or her employer or the party with
1231	whom he or she is under contract within 48 hours if convicted of
1232	any disqualifying offense while he or she is employed or under
1233	contract in that capacity.
1234	(3)  If it is found that a person who is employed or under
1235	contract in a capacity described in subsection (1) has does not
1236	been screened in accordance with s. 1012.32, or is ineligible
1237	for such employment under s. 1012.315 meet the level 2
1238	requirements, the person shall be immediately suspended from
1239	working in that capacity and shall remain suspended until final
1240	resolution of any appeals.
1241	Section 38.  Subsections (9) and (14) of section 1012.56,
1242	Florida Statutes, are amended to read:
1243	1012.56  Educator certification requirements.--
1244	(9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
1245	PERIODICALLY.--
1246	(a)  Each person who seeks certification under this chapter
1247	must be fingerprinted and screened meet level 2 screening
1248	requirements as described in accordance with s. 1012.32 and must
1249	not be ineligible for such certification under s. 1012.315. A
1250	person who has been screened in accordance with s. 1012.32
1251	unless a level 2 screening has been conducted by a district
1252	school board or the Department of Education within 12 months
1253	before the date the person initially obtains certification under
1254	this chapter, the results of which are submitted to the district
1255	school board or to the Department of Education, is not required
1256	to repeat the screening under this paragraph.
1257	(b)  A person may not receive a certificate under this
1258	chapter until the person's level 2 screening under s. 1012.32 is
1259	has been completed and the results have been submitted to the
1260	Department of Education or to the district school superintendent
1261	of the school district that employs the person. Every 5 years
1262	after obtaining initial certification, each person who is
1263	required to be certified under this chapter must be rescreened
1264	meet level 2 screening requirements as described in accordance
1265	with s. 1012.32, at which time the school district shall request
1266	the Department of Law Enforcement to forward the fingerprints to
1267	the Federal Bureau of Investigation for federal criminal records
1268	checks the level 2 screening. If, for any reason after obtaining
1269	initial certification, the fingerprints of a person who is
1270	required to be certified under this chapter are not retained by
1271	the Department of Law Enforcement under s. 1012.32(3)(a) and
1272	(b), the person must file a complete set of fingerprints with
1273	the district school superintendent of the employing school
1274	district. Upon submission of fingerprints for this purpose, the
1275	school district shall request the Department of Law Enforcement
1276	to forward the fingerprints to the Federal Bureau of
1277	Investigation for federal criminal records checks the level 2
1278	screening, and the fingerprints shall be retained by the
1279	Department of Law Enforcement under s. 1012.32(3)(a) and (b).
1280	The cost of the state and federal criminal history checks check
1281	required by paragraph (a) and this paragraph level 2 screening
1282	may be borne by the district school board or the employee. Under
1283	penalty of perjury, each person who is certified under this
1284	chapter must agree to inform his or her employer within 48 hours
1285	if convicted of any disqualifying offense while he or she is
1286	employed in a position for which such certification is required.
1287	(c)  If it is found under s. 1012.796 that a person who is
1288	employed in a position requiring certification under this
1289	chapter has does not been screened in accordance with s.
1290	1012.32, or is ineligible for such certification under s.
1291	1012.315 meet the level 2 screening requirements, the person's
1292	certification shall be immediately revoked or suspended and he
1293	or she shall be immediately suspended from the position
1294	requiring certification.
1295	(14)  PERSONNEL RECORDS.--The Department of Education shall
1296	maintain an electronic database that includes, but need not be
1297	limited to, a complete statement of the academic preparation,
1298	professional training, and teaching experience of each person to
1299	whom a certificate is issued. The applicant or the district
1300	school superintendent shall furnish the information using a
1301	format or forms provided by the department.
1302	Section 39.  Subsection (1) and paragraph (a) of subsection
1303	(8) of section 1012.79, Florida Statutes, are amended to read:
1304	1012.79  Education Practices Commission; organization.--
1305	(1)  The Education Practices Commission consists of 25 17
1306	members, including 8 7 teachers;, 5 administrators, at least one
1307	of whom shall represent a private school; 7 and 5 lay citizens,
1308	5 (of whom shall be parents of public school students and who
1309	are unrelated to public school employees and 2 of whom shall be
1310	former district school board members;), and 5 sworn law
1311	enforcement officials, appointed by the State Board of Education
1312	from nominations by the Commissioner of Education and subject to
1313	Senate confirmation. Prior to making nominations, the
1314	commissioner shall consult with the teaching associations,
1315	parent organizations, law enforcement agencies, and other
1316	involved associations in the state. In making nominations, the
1317	commissioner shall attempt to achieve equal geographical
1318	representation, as closely as possible.
1319	(a)  A teacher member, in order to be qualified for
1320	appointment:
1321	1.  Must be certified to teach in the state.
1322	2.  Must be a resident of the state.
1323	3.  Must have practiced the profession in this state for at
1324	least 5 years immediately preceding the appointment.
1325	(b)  A school administrator member, in order to be
1326	qualified for appointment:
1327	1.  Must have an endorsement on the educator certificate in
1328	the area of school administration or supervision.
1329	2.  Must be a resident of the state.
1330	3.  Must have practiced the profession as an administrator
1331	for at least 5 years immediately preceding the appointment.
1332	(c)  The lay members must be residents of the state.
1333	(d)  The law enforcement official members must have served
1334	in the profession for at least 5 years immediately preceding
1335	appointment and have background expertise in child safety.
1336	(8)(a)  The commission shall, from time to time, designate
1337	members of the commission to serve on panels for the purpose of
1338	reviewing and issuing final orders upon cases presented to the
1339	commission. A case concerning a complaint against a teacher
1340	shall be reviewed and a final order thereon shall be entered by
1341	a panel composed of five commission members, at least one of
1342	whom must be a parent or a sworn law enforcement officer and at
1343	least three of whom must shall be teachers. A case concerning a
1344	complaint against an administrator shall be reviewed and a final
1345	order thereon shall be entered by a panel composed of five
1346	commission members, at least one of whom must be a parent or a
1347	sworn law enforcement officer and at least three of whom must
1348	shall be administrators.
1349	Section 40.  Subsection (1) of section 1012.795, Florida
1350	Statutes, is amended to read:
1351	1012.795  Education Practices Commission; authority to
1352	discipline.--
1353	(1)  The Education Practices Commission may suspend the
1354	educator certificate of any person as defined in s. 1012.01(2)
1355	or (3) for a period of time not to exceed 5 years, thereby
1356	denying that person the right to teach or otherwise be employed
1357	by a district school board or public school in any capacity
1358	requiring direct contact with students for that period of time,
1359	after which the holder may return to teaching as provided in
1360	subsection (4); may revoke the educator certificate of any
1361	person, thereby denying that person the right to teach or
1362	otherwise be employed by a district school board or public
1363	school in any capacity requiring direct contact with students
1364	for a period of time not to exceed 10 years, with reinstatement
1365	subject to the provisions of subsection (4); may revoke
1366	permanently the educator certificate of any person thereby
1367	denying that person the right to teach or otherwise be employed
1368	by a district school board or public school in any capacity
1369	requiring direct contact with students; may suspend the educator
1370	certificate, upon order of the court, of any person found to
1371	have a delinquent child support obligation; or may impose any
1372	other penalty provided by law, if provided it can be shown that
1373	the person:
1374	(a)  Obtained or attempted to obtain an educator
1375	certificate by fraudulent means.
1376	(b)  Knowingly failed to report any actual or suspected
1377	case of child abuse as required in s. 1006.061 or report the
1378	alleged misconduct of an employee which affects the health,
1379	safety, or welfare of a student.
1380	(c)(b)  Has proved to be incompetent to teach or to perform
1381	duties as an employee of the public school system or to teach in
1382	or to operate a private school.
1383	(d)(c)  Has been guilty of gross immorality or an act
1384	involving moral turpitude as defined by rule of the State Board
1385	of Education.
1386	(e)(d)  Has had an educator certificate sanctioned by
1387	revocation, suspension, or surrender in another state.
1388	(f)(e)  Has been convicted or found guilty of, or entered a
1389	plea of guilty or nolo contendere to, regardless of adjudication
1390	of guilt, a misdemeanor, felony, or any other criminal charge,
1391	other than a minor traffic violation.
1392	(g)(f)  Upon investigation, has been found guilty of
1393	personal conduct which seriously reduces that person's
1394	effectiveness as an employee of the district school board.
1395	(h)(g)  Has breached a contract, as provided in s.
1396	1012.33(2).
1397	(i)(h)  Has been the subject of a court order directing the
1398	Education Practices Commission to suspend the certificate as a
1399	result of a delinquent child support obligation.
1400	(j)(i)  Has violated the Principles of Professional Conduct
1401	for the Education Profession prescribed by State Board of
1402	Education rules.
1403	(k)(j)  Has otherwise violated the provisions of law, the
1404	penalty for which is the revocation of the educator certificate.
1405	(l)(k)  Has violated any order of the Education Practices
1406	Commission.
1407	(m)(l)  Has been the subject of a court order or plea
1408	agreement in any jurisdiction which requires the
1409	certificateholder to surrender or otherwise relinquish his or
1410	her educator's certificate. A surrender or relinquishment shall
1411	be for permanent revocation of the certificate. A person may not
1412	surrender or otherwise relinquish his or her certificate prior
1413	to a finding of probable cause by the commissioner as provided
1414	in s. 1012.796.
1415	(n)  Has been disqualified from employment under s.
1416	1012.315.
1417	Section 41.  Subsections (1), (3), and (5) of section
1418	1012.796, Florida Statutes, are amended to read:
1419	1012.796  Complaints against teachers and administrators;
1420	procedure; penalties.--
1421	(1)(a)  The Department of Education shall cause to be
1422	investigated expeditiously any complaint filed before it or
1423	otherwise called to its attention which, if legally sufficient,
1424	contains grounds for the revocation or suspension of a
1425	certificate or any other appropriate penalty as set forth in
1426	subsection (7). The complaint is legally sufficient if it
1427	contains the ultimate facts which show a violation has occurred
1428	as provided in s. 1012.795 and defined by rule of the State
1429	Board of Education. The department shall may investigate or
1430	continue to investigate and take appropriate action on a
1431	complaint even though the original complainant withdraws the
1432	complaint or otherwise indicates a desire not to cause it to be
1433	investigated or prosecuted to completion. The department may
1434	investigate or continue to investigate and take action on a
1435	complaint filed against a person whose educator certificate has
1436	expired if the act or acts that which are the basis for the
1437	complaint were allegedly committed while that person possessed
1438	an educator certificate.
1439	(b)  The Department of Education shall expeditiously
1440	investigate any legally sufficient complaint filed before it or
1441	otherwise called to its attention which involves misconduct by
1442	any certificated personnel which affects the health, safety, or
1443	welfare of a student. The department must investigate or
1444	continue to investigate and take action on such a complaint
1445	filed against a person whose educator certificate has expired if
1446	the act or acts that are the basis for the complaint were
1447	allegedly committed while that person possessed an educator
1448	certificate.
1449	(c)(b)  When an investigation is undertaken, the department
1450	shall notify the certificateholder or applicant for
1451	certification and the district school superintendent or the
1452	university laboratory school, charter school, or private school
1453	in which the certificateholder or applicant for certification is
1454	employed or was employed at the time the alleged offense
1455	occurred. In addition, the department shall inform the
1456	certificateholder or applicant for certification of the
1457	substance of any complaint which has been filed against that
1458	certificateholder or applicant, unless the department determines
1459	that such notification would be detrimental to the
1460	investigation, in which case the department may withhold
1461	notification.
1462	(d)(c)  Each school district shall file in writing with the
1463	department all legally sufficient complaints within 30 days
1464	after the date on which subject matter of the complaint comes to
1465	the attention of the school district. A complaint is legally
1466	sufficient if it contains ultimate facts that show a violation
1467	has occurred as provided in s. 1012.795 and defined by rule of
1468	the State Board of Education. The school district shall include
1469	all information relating to the complaint which is known to the
1470	school district at the time of filing. Each district school
1471	board shall develop and adopt policies and procedures to comply
1472	with this reporting requirement. School board policies and
1473	procedures must include standards for screening, hiring, and
1474	terminating employees; standards of conduct for all employees;
1475	the duties of employees for upholding the standards; detailed
1476	procedures for reporting the alleged misconduct of an employee
1477	which affects the health, safety, or welfare of a student;
1478	requirements for the reassignment of an employee pending the
1479	outcome of a misconduct investigation; and penalties for failing
1480	to comply with s. 1001.51 or s. 1012.795. The district school
1481	board policies and procedures shall include appropriate
1482	penalties for all personnel of the district school board for
1483	nonreporting and procedures for promptly informing the district
1484	school superintendent of each legally sufficient complaint. The
1485	district school superintendent is charged with knowledge of
1486	these policies and procedures and is accountable for the
1487	training of all employees of the school district on the
1488	standards of conduct, policies, and procedures. If the district
1489	school superintendent has knowledge of a legally sufficient
1490	complaint and does not report the complaint, or fails to enforce
1491	the policies and procedures of the district school board, and
1492	fails to comply with the requirements of this subsection, in
1493	addition to other actions against certificateholders authorized
1494	by law, the district school superintendent is shall be subject
1495	to penalties as specified in s. 1001.51(12). If the
1496	superintendent determines that the misconduct of an employee who
1497	holds an educator certificate affects the health, safety, or
1498	welfare of a student, and the misconduct warrants termination,
1499	the employee may resign or be terminated, and the superintendent
1500	shall report the misconduct to the department in the format
1501	prescribed by the department. The department shall maintain each
1502	report of misconduct as a public record in the employee's
1503	certification file. This paragraph does not limit or restrict
1504	the power and duty of the department to investigate complaints
1505	as provided in paragraphs (a) and (c) (b), regardless of the
1506	school district's untimely filing, or failure to file,
1507	complaints and followup reports.
1508	(e)  If allegations arise against an employee who is
1509	certified under s. 1012.56, and employed in an educator-
1510	certificated position by any school or provider in the state,
1511	such school or provider, or governing body thereof, shall file
1512	in writing with the department a legally sufficient complaint
1513	within 30 days after the date on which the subject matter of the
1514	complaint came to the attention of the school or provider. A
1515	complaint is legally sufficient if it contains ultimate facts
1516	that show a violation has occurred as provided in s. 1012.795
1517	and defined by rule of the State Board of Education. The school
1518	or provider shall include all known information relating to the
1519	complaint with the filing of the complaint. This paragraph does
1520	not limit or restrict the power and duty of the department to
1521	investigate complaints as provided in paragraphs (a) and (c),
1522	regardless of the school's or provider's untimely filing, or
1523	failure to file, complaints and followup reports.
1524	(f)(d)  Notwithstanding any other law, all law enforcement
1525	agencies, state attorneys, social service agencies, district
1526	school boards, and the Division of Administrative Hearings shall
1527	fully cooperate with and, upon request, shall provide unredacted
1528	documents to the Department of Education to further
1529	investigations and prosecutions conducted pursuant to this
1530	section. Any document received pursuant to this paragraph may
1531	not be redisclosed except as authorized by law.
1532	(3)  The department staff shall advise the commissioner
1533	concerning the findings of the investigation. The department
1534	general counsel or members of that staff shall review the
1535	investigation and advise the commissioner concerning probable
1536	cause or lack thereof. The determination of probable cause shall
1537	be made by the commissioner. The commissioner shall provide an
1538	opportunity for a conference, if requested, prior to determining
1539	probable cause. The commissioner may enter into deferred
1540	prosecution agreements in lieu of finding probable cause if,
1541	when in his or her judgment, such agreements are would be in the
1542	best interests of the department, the certificateholder, and the
1543	public. Such deferred prosecution agreements shall become
1544	effective when filed with the clerk of the Education Practices
1545	Commission. However, a deferred prosecution agreement shall not
1546	be entered into if where there is probable cause to believe that
1547	a felony or an act of moral turpitude, as defined by rule of the
1548	State Board of Education, has occurred. Upon finding no probable
1549	cause, the commissioner shall dismiss the complaint.
1550	(5)  When an allegation of an employee's misconduct is
1551	received, if the alleged misconduct affects deemed necessary to
1552	protect the health, safety, or and welfare of a minor student,
1553	and, after preliminary inquiry, there is reason to believe that
1554	the allegation is true, the district school superintendent in
1555	consultation with the school principal, or may, and upon the
1556	request of the Commissioner of Education, must immediately
1557	shall, temporarily suspend the employee a certificateholder from
1558	the certificateholder's regularly assigned duties, with pay, and
1559	reassign the suspended employee certificateholder to a position
1560	that does not require direct contact with students in the
1561	district school system. Such suspension shall continue until the
1562	completion of the proceedings and the determination of
1563	sanctions, if any, pursuant to this section and s. 1012.795.
1564	Section 42.  Paragraph (b) of subsection (4) of section
1565	1012.98, Florida Statutes, is amended to read:
1566	1012.98  School Community Professional Development Act.--
1567	(4)  The Department of Education, school districts,
1568	schools, community colleges, and state universities share the
1569	responsibilities described in this section. These
1570	responsibilities include the following:
1571	(b)  Each school district shall develop a professional
1572	development system as specified in subsection (3). The system
1573	shall be developed in consultation with teachers, teacher-
1574	educators of community colleges and state universities, business
1575	and community representatives, and local education foundations,
1576	consortia, and professional organizations. The professional
1577	development system must:
1578	1.  Be approved by the department. All substantial
1579	revisions to the system shall be submitted to the department for
1580	review for continued approval.
1581	2.  Be based on analyses of student achievement data and
1582	instructional strategies and methods that support rigorous,
1583	relevant, and challenging curricula for all students. Schools
1584	and districts, in developing and refining the professional
1585	development system, shall also review and monitor school
1586	discipline data; school environment surveys; assessments of
1587	parental satisfaction; performance appraisal data of teachers,
1588	managers, and administrative personnel; and other performance
1589	indicators to identify school and student needs that can be met
1590	by improved professional performance.
1591	3.  Provide inservice activities coupled with followup
1592	support appropriate to accomplish district-level and school-
1593	level improvement goals and standards. The inservice activities
1594	for instructional personnel shall focus on analysis of student
1595	achievement data, ongoing formal and informal assessments of
1596	student achievement, identification and use of enhanced and
1597	differentiated instructional strategies that emphasize rigor,
1598	relevance, and reading in the content areas, enhancement of
1599	subject content expertise, integrated use of classroom
1600	technology that enhances teaching and learning, classroom
1601	management, parent involvement, and school safety.
1602	4.  Include a master plan for inservice activities,
1603	pursuant to rules of the State Board of Education, for all
1604	district employees from all fund sources. The master plan shall
1605	be updated annually by September 1, must be based on input from
1606	teachers and district and school instructional leaders, and must
1607	use the latest available student achievement data and research
1608	to enhance rigor and relevance in the classroom. Each district
1609	inservice plan must be aligned to and support the school-based
1610	inservice plans and school improvement plans pursuant to s.
1611	1001.42(18) s. 1001.42(16). District plans must be approved by
1612	the district school board annually in order to ensure compliance
1613	with subsection (1) and to allow for dissemination of research-
1614	based best practices to other districts. District school boards
1615	must submit verification of their approval to the Commissioner
1616	of Education no later than October 1, annually.
1617	5.  Require each school principal to establish and maintain
1618	an individual professional development plan for each
1619	instructional employee assigned to the school as a seamless
1620	component to the school improvement plans developed pursuant to
1621	s. 1001.42(18) s. 1001.42(16). The individual professional
1622	development plan must:
1623	a.  Be related to specific performance data for the
1624	students to whom the teacher is assigned.
1625	b.  Define the inservice objectives and specific measurable
1626	improvements expected in student performance as a result of the
1627	inservice activity.
1628	c.  Include an evaluation component that determines the
1629	effectiveness of the professional development plan.
1630	6.  Include inservice activities for school administrative
1631	personnel that address updated skills necessary for
1632	instructional leadership and effective school management
1633	pursuant to s. 1012.986.
1634	7.  Provide for systematic consultation with regional and
1635	state personnel designated to provide technical assistance and
1636	evaluation of local professional development programs.
1637	8.  Provide for delivery of professional development by
1638	distance learning and other technology-based delivery systems to
1639	reach more educators at lower costs.
1640	9.  Provide for the continuous evaluation of the quality
1641	and effectiveness of professional development programs in order
1642	to eliminate ineffective programs and strategies and to expand
1643	effective ones. Evaluations must consider the impact of such
1644	activities on the performance of participating educators and
1645	their students' achievement and behavior.
1646	Section 43.  Subsection (4) of section 1013.03, Florida
1647	Statutes, is amended to read:
1648	1013.03  Functions of the department and the Board of
1649	Governors.--The functions of the Department of Education as it
1650	pertains to educational facilities of school districts and
1651	community colleges and of the Board of Governors as it pertains
1652	to educational facilities of state universities shall include,
1653	but not be limited to, the following:
1654	(4)  Require each board and other appropriate agencies to
1655	submit complete and accurate financial data as to the amounts of
1656	funds from all sources that are available and spent for
1657	construction and capital improvements. The commissioner shall
1658	prescribe the format and the date for the submission of this
1659	data and any other educational facilities data. If any district
1660	does not submit the required educational facilities fiscal data
1661	by the prescribed date, the Commissioner of Education shall
1662	notify the district school board of this fact and, if
1663	appropriate action is not taken to immediately submit the
1664	required report, the district school board shall be directed to
1665	proceed pursuant to s. 1001.42(13)(b) the provisions of s.
1666	1001.42(11)(b). If any community college or university does not
1667	submit the required educational facilities fiscal data by the
1668	prescribed date, the same policy prescribed in this subsection
1669	for school districts shall be implemented.
1670	Section 44.  The sum of $153,872 is appropriated from the
1671	Educational Certification and Services Trust Fund to the
1672	Department of Education for the 2008-2009 fiscal year, and two
1673	additional full-time equivalent positions and associated salary
1674	rate of 90,088 are authorized, for the purpose of implementing
1675	this act.
1676	Section 45.  The sum of $270,514 is appropriated from the
1677	General Revenue Fund to the Department of Children and Family
1678	Services for the 2008-2009 fiscal year, and five additional
1679	full-time equivalent positions are authorized, for the purpose
1680	of implementing this act.
1681	Section 46.  This act shall take effect July 1, 2008.
1682
1683
1684	-----------------------------------------------------
1685	T I T L E  A M E N D M E N T
1686	Remove the entire title and insert:
1687	A bill to be entitled
1688	An act relating to ethics; providing a short title; amending s.
1689	24.121, F.S., relating to public school funding; conforming
1690	cross-references; amending s. 112.3173, F.S.; specifying certain
1691	felony offenses against a minor as additional offenses that
1692	constitute a breach of the public trust; requiring a person
1693	committing such an offense to forfeit benefits under certain
1694	public retirement systems; amending s. 121.091, F.S.;
1695	prohibiting the Division of Retirement from paying benefits to a
1696	member who commits certain felony offenses against a minor;
1697	conforming a cross-reference; amending s. 402.3055, F.S.;
1698	requiring the denial or revocation of a child care license under
1699	certain circumstances; prohibiting persons who commit certain
1700	crimes from employment as child care personnel under certain
1701	circumstances; requiring employers of child care personnel and
1702	certain public and private school personnel to report certain
1703	employees' separation from employment and requiring a record of
1704	the employment separations to be recorded in a certain database;
1705	requiring the Department of Children and Family Services to
1706	adopt rules; amending s. 402.308, F.S.; prohibiting the issuance
1707	or renewal of a child care license under certain circumstances;
1708	amending s. 435.04, F.S.; specifying additional criminal
1709	offenses for the screening of child care personnel and certain
1710	prekindergarten instructors; creating ss. 794.09 and 800.05,
1711	F.S.; providing notice in the criminal statutes that certain
1712	retirement benefits are subject to forfeiture for committing
1713	certain felony offenses against a minor; amending s. 1001.10,
1714	F.S.; requiring the Department of Education to assist school
1715	districts, charter schools, and the Florida School for the Deaf
1716	and the Blind in developing policies, procedures, and training
1717	related to employee standards of conduct and employment
1718	practices; requiring the department to provide authorized staff
1719	with access to certain databases for employment history
1720	verification; amending s. 1001.32, F.S., relating to school
1721	administration; conforming a cross-reference; amending s.
1722	1001.42, F.S.; requiring each district school board to adopt
1723	standards of conduct and provide training for all employees;
1724	prohibiting confidentiality agreements regarding terminated or
1725	dismissed employees which have the effect of concealing certain
1726	misconduct; prohibiting a school district from providing
1727	employment references for specified employees except under
1728	certain circumstances; requiring a person who committed certain
1729	crimes to be disqualified from employment in certain positions
1730	in a district school system under specified conditions;
1731	providing that a district school board official who knowingly
1732	signs and transmits a false report forfeits his or her salary
1733	for a specified period; amending s. 1001.452, F.S., relating to
1734	district and school advisory councils; conforming cross-
1735	references; amending s. 1001.51, F.S.; providing that a district
1736	school superintendent forfeits his or her salary for a specified
1737	period following failure to investigate and report allegations
1738	of certain misconduct by employees; amending ss. 1001.54 and
1739	1002.32, F.S., relating to duties of principals and laboratory
1740	schools; conforming cross-references; amending s. 1002.33, F.S.;
1741	requiring a person who committed certain crimes to be
1742	disqualified from employment in certain positions in a charter
1743	school under specified conditions; requiring charter schools to
1744	adopt standards of conduct and provide training for all
1745	employees; prohibiting confidentiality agreements regarding
1746	terminated or dismissed employees which have the effect of
1747	concealing certain misconduct; prohibiting a charter school from
1748	providing employment references for specified employees except
1749	under certain circumstances; requiring a charter school to
1750	contact a prospective employee's previous employer, verify
1751	employment history against certain databases, and document
1752	findings; requiring a charter school's sponsor to suspend the
1753	school's charter for failing to comply with these requirements;
1754	amending s. 1002.36, F.S.; requiring the Florida School for the
1755	Deaf and the Blind to meet certain requirements governing the
1756	screening of personnel; amending s. 1002.421, F.S.; requiring a
1757	person who committed certain crimes to be disqualified from
1758	employment in certain positions in a private school that accepts
1759	certain scholarship students under specified conditions;
1760	requiring certain private schools to adopt standards of conduct
1761	and provide training for all employees; prohibiting
1762	confidentiality agreements regarding terminated or dismissed
1763	employees which have the effect of concealing certain
1764	misconduct; prohibiting a private school from providing
1765	employment references for specified employees except under
1766	certain circumstances; requiring a private school to contact a
1767	prospective employee's previous employer, verify employment
1768	history against certain databases, and document findings;
1769	requiring the Department of Education to suspend enrollment of
1770	new students and the payment of funds to a private school
1771	failing to comply with these requirements; amending ss. 1002.55,
1772	1002.61, and 1002.63, F.S.; revising requirements for the
1773	Voluntary Prekindergarten Education Program; requiring
1774	prekindergarten instructors employed by private prekindergarten
1775	providers to be screened upon employment and rescreened in the
1776	same manner required for child care personnel; requiring
1777	prekindergarten instructors employed by public schools to be
1778	screened and rescreened in the same manner required for school
1779	employees; requiring a person who committed certain crimes to be
1780	disqualified from employment as a prekindergarten instructor
1781	under specified conditions; creating s. 1002.64, F.S.; requiring
1782	private prekindergarten providers to complete certain training;
1783	requiring documentation of such training on child care personnel
1784	training transcripts; prohibiting confidentiality agreements
1785	regarding terminated or dismissed employees which have the
1786	effect of concealing certain misconduct; prohibiting a provider
1787	from providing employment references for specified employees
1788	except under certain circumstances; requiring a provider to
1789	contact a prospective employee's previous employer, verify
1790	employment history against certain databases, and document
1791	findings; requiring the Agency for Workforce Innovation and
1792	early learning coalitions to suspend enrollment of new children
1793	and the payment of funds to a provider failing to comply with
1794	these requirements; amending ss. 1003.413, 1003.53, and 1004.92,
1795	F.S., relating to educational instruction and programs;
1796	conforming cross-references; amending s. 1006.061, F.S.;
1797	requiring district school boards, charter schools, private
1798	schools that accept certain scholarship students, and private
1799	prekindergarten providers to post policies for reporting child
1800	abuse and misconduct by employees; requiring the principal of
1801	such schools or prekindergarten director of such providers to
1802	act as a liaison in suspected cases of child abuse; requiring
1803	the Department of Education to publish sample notices; amending
1804	ss. 1008.33, 1008.345, 1010.215, and 1011.18, F.S., relating to
1805	accountability procedures; conforming cross-references; amending
1806	s. 1012.27, F.S.; requiring the district school superintendent
1807	to contact a prospective employee's previous employer, verify
1808	employment history against certain databases, and document
1809	findings; creating s. 1012.315, F.S.; specifying offenses that
1810	disqualify persons from employment in certain positions
1811	requiring direct contact with students and children; amending s.
1812	1012.32, F.S.; requiring a person who committed certain crimes
1813	to be disqualified from employment in certain positions in a
1814	district school system or charter school under specified
1815	conditions; amending s. 1012.33, F.S.; providing that just cause
1816	for terminating instructional staff includes immorality or
1817	commission of a criminal act; amending s. 1012.34, F.S.,
1818	relating to assessment procedures; conforming a cross-reference;
1819	amending s. 1012.465, F.S.; requiring certain noninstructional
1820	personnel who committed certain crimes to be disqualified from
1821	employment in certain positions in a district school system
1822	under specified conditions; amending s. 1012.56, F.S., relating
1823	to certification requirements for educators; revising
1824	requirements for conducting state and federal criminal records
1825	checks of persons seeking certification; requiring a person who
1826	committed certain crimes to be ineligible for certification
1827	under specified conditions; providing for the Department of
1828	Education to maintain educator records in an electronic
1829	database; amending s. 1012.79, F.S.; providing for additional
1830	members to be appointed to the Education Practices Commission;
1831	revising the composition of the panel appointed to review
1832	complaints against teachers; amending s. 1012.795, F.S.;
1833	providing for the suspension of the educator certificate of a
1834	person who knowingly fails to report child abuse or certain
1835	employee misconduct; clarifying authority of the commission to
1836	discipline educators who commit certain crimes; amending s.
1837	1012.796, F.S.; requiring the Department of Education to
1838	investigate each complaint involving misconduct by certificated
1839	personnel; clarifying what constitutes a legally sufficient
1840	complaint; providing requirements for school board policies and
1841	procedures relating to standards of conduct; providing that the
1842	district school superintendent is accountable for training of
1843	district employees on the standards, policies, and procedures;
1844	requiring employers of certificated personnel to report employee
1845	misconduct to the Department of Education; requiring that an
1846	employee be immediately suspended and reassigned under certain
1847	circumstances; amending ss. 1012.98 and 1013.03, F.S., relating
1848	to the School Community Professional Development Act and
1849	functions of the Department of Education and Board of Governors;
1850	conforming cross-references; providing appropriations and
1851	authorizing additional positions; providing an effective date.

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