Florida Senate - 2018                      CS for CS for SB 1548
       
       
        
       By the Committees on Appropriations; and Education; and Senator
       Book
       
       
       
       
       576-04120-18                                          20181548c2
    1                        A bill to be entitled                      
    2         An act relating to student safety; creating s.
    3         800.101, F.S.; defining terms; prohibiting certain
    4         conduct with students by authority figures; providing
    5         penalties; providing exceptions; amending s. 810.097,
    6         F.S.; adding school buses to the definition of the
    7         term “school” for purposes of trespass upon grounds or
    8         facilities of a school; amending s. 1001.42, F.S.;
    9         requiring school districts to adopt certain standards
   10         of ethical conduct; requiring the district school
   11         superintendent to report certain misconduct to law
   12         enforcement agencies; amending s. 1001.51, F.S.;
   13         providing for the forfeiture of a district school
   14         superintendent’s salary for a specified period for
   15         failure to report certain misconduct to law
   16         enforcement agencies; amending s. 1012.27, F.S.;
   17         requiring the district school superintendent to notify
   18         a parent of specified information relating to
   19         allegations of misconduct by instructional personnel
   20         or school administrators; amending s. 1012.31, F.S.;
   21         requiring a resignation or termination before an
   22         investigation of certain misconduct is concluded to be
   23         indicated in a personnel file; specifying that legally
   24         sufficient complaints of certain misconduct must be
   25         reported to the Department of Education; amending s.
   26         1012.315, F.S.; expanding the scope of provisions
   27         requiring the disqualification of persons convicted of
   28         certain offenses to apply to all persons who are
   29         required to have contact with students; providing an
   30         additional offense that disqualifies such persons from
   31         employment; amending s. 1012.56, F.S.; authorizing the
   32         department to deny applicants for certification if the
   33         Education Practices Commission would be authorized to
   34         discipline such applicant; authorizing the commission
   35         to deny an award, bar reapplication, or approve an
   36         application with certain conditions; amending s.
   37         1012.795, F.S.; authorizing the commission to take
   38         certain actions against persons who meet specified
   39         criteria; revising reporting requirements concerning
   40         specified misconduct by certified personnel; amending
   41         s. 1012.796, F.S.; requiring a school district to file
   42         certain complaints with the department even if the
   43         subject of the complaint is no longer employed by the
   44         district; requiring a school district to immediately
   45         notify the department upon certain changes in
   46         employment status for certain employees requiring that
   47         certain information be included on an educator’s
   48         certificate file; requiring certified educators who
   49         are placed on probation to immediately notify a
   50         specified office upon separation from, rather than
   51         termination of, employment; providing an effective
   52         date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 800.101, Florida Statutes, is created to
   57  read:
   58         800.101 Offenses against students by authority figures.—
   59         (1) As used in this section, the term:
   60         (a) “Authority figure” means a person 18 years of age or
   61  older who is employed by, volunteering at, or under contract
   62  with a school, including school resource officers as provided in
   63  s. 1006.12.
   64         (b) “School” has the same meaning as provided in s. 1003.01
   65  and includes a private school as defined in s. 1002.01, a
   66  voluntary prekindergarten education program as described in s.
   67  1002.53(3), early learning programs, a public school as
   68  described in s. 402.3025(1), the Florida School for the Deaf and
   69  the Blind, and the Florida Virtual School established under s.
   70  1002.37. The term does not include a facility dedicated
   71  exclusively to the education of adults.
   72         (c) “Student” means a person who is enrolled at a school.
   73         (2) An authority figure shall not solicit or engage in:
   74         (a) Sexual conduct;
   75         (b) A relationship of a romantic or intimate nature where
   76  the nature of the relationship is characterized by the
   77  expectation of affection or sexual involvement between the
   78  parties; or
   79         (c) Lewd conduct with a student.
   80         (3) A person who violates this section commits a felony of
   81  the second degree, punishable as provided in s. 775.082, s.
   82  775.083, or s. 775.084.
   83         (4) This section does not apply to conduct constituting an
   84  offense that is subject to reclassification under s. 775.0862.
   85         Section 2. Subsection (5) of section 810.097, Florida
   86  Statutes, is amended to read:
   87         810.097 Trespass upon grounds or facilities of a school;
   88  penalties; arrest.—
   89         (5) As used in this section, the term “school” means the
   90  grounds or any facility, including school buses, of any
   91  kindergarten, elementary school, middle school, junior high
   92  school, or secondary school, whether public or nonpublic.
   93         Section 3. Subsection (6) and paragraph (b) of subsection
   94  (7) of section 1001.42, Florida Statutes, are amended to read:
   95         1001.42 Powers and duties of district school board.—The
   96  district school board, acting as a board, shall exercise all
   97  powers and perform all duties listed below:
   98         (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
   99  PERSONNEL AND SCHOOL ADMINISTRATORS.—Adopt policies establishing
  100  standards of ethical conduct for instructional personnel and
  101  school administrators. The policies must require all
  102  instructional personnel and school administrators, as defined in
  103  s. 1012.01, to complete training on the standards; establish the
  104  duty of instructional personnel and school administrators to
  105  report, and procedures for reporting, alleged misconduct by
  106  other instructional personnel and school administrators which
  107  affects the health, safety, or welfare of a student, including
  108  misconduct that involves engaging in or soliciting sexual,
  109  romantic, or lewd conduct with a student; require the district
  110  school superintendent to report to law enforcement misconduct by
  111  instructional personnel or school administrators which would
  112  result in disqualification from educator certification or
  113  employment as provided in s. 1012.315; and include an
  114  explanation of the liability protections provided under ss.
  115  39.203 and 768.095. A district school board, or any of its
  116  employees, may not enter into a confidentiality agreement
  117  regarding terminated or dismissed instructional personnel or
  118  school administrators, or personnel or administrators who resign
  119  in lieu of termination, based in whole or in part on misconduct
  120  that affects the health, safety, or welfare of a student, and
  121  may not provide instructional personnel or school administrators
  122  with employment references or discuss the personnel’s or
  123  administrators’ performance with prospective employers in
  124  another educational setting, without disclosing the personnel’s
  125  or administrators’ misconduct. Any part of an agreement or
  126  contract that has the purpose or effect of concealing misconduct
  127  by instructional personnel or school administrators which
  128  affects the health, safety, or welfare of a student is void, is
  129  contrary to public policy, and may not be enforced.
  130         (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
  131  instructional personnel and school administrators, as defined in
  132  s. 1012.01, from employment in any position that requires direct
  133  contact with students if the personnel or administrators are
  134  ineligible for such employment under s. 1012.315. An elected or
  135  appointed school board official forfeits his or her salary for 1
  136  year if:
  137         (b) The school board official knowingly fails to adopt
  138  policies that require:
  139         1. Instructional personnel and school administrators to
  140  report alleged misconduct by other instructional personnel and
  141  school administrators;
  142         2. The district school superintendent to report misconduct
  143  by instructional personnel or school administrators that would
  144  result in disqualification from educator certification or
  145  employment as provided in s. 1012.315 to the law enforcement
  146  agencies with jurisdiction over the conduct;, or
  147         3.that require The investigation of all reports of alleged
  148  misconduct by instructional personnel and school administrators,
  149  if the misconduct affects the health, safety, or welfare of a
  150  student.
  151         Section 4. Subsection (12) of section 1001.51, Florida
  152  Statutes, is amended to read:
  153         1001.51 Duties and responsibilities of district school
  154  superintendent.—The district school superintendent shall
  155  exercise all powers and perform all duties listed below and
  156  elsewhere in the law, provided that, in so doing, he or she
  157  shall advise and counsel with the district school board. The
  158  district school superintendent shall perform all tasks necessary
  159  to make sound recommendations, nominations, proposals, and
  160  reports required by law to be acted upon by the district school
  161  board. All such recommendations, nominations, proposals, and
  162  reports by the district school superintendent shall be either
  163  recorded in the minutes or shall be made in writing, noted in
  164  the minutes, and filed in the public records of the district
  165  school board. It shall be presumed that, in the absence of the
  166  record required in this section, the recommendations,
  167  nominations, and proposals required of the district school
  168  superintendent were not contrary to the action taken by the
  169  district school board in such matters.
  170         (12) RECORDS AND REPORTS.—Recommend such records as should
  171  be kept in addition to those prescribed by rules of the State
  172  Board of Education; prepare forms for keeping such records as
  173  are approved by the district school board; ensure that such
  174  records are properly kept; and make all reports that are needed
  175  or required, as follows:
  176         (a) Forms, blanks, and reports.—Require that all employees
  177  accurately keep all records and promptly make in proper form all
  178  reports required by the education code or by rules of the State
  179  Board of Education; recommend the keeping of such additional
  180  records and the making of such additional reports as may be
  181  deemed necessary to provide data essential for the operation of
  182  the school system; and prepare such forms and blanks as may be
  183  required and ensure that these records and reports are properly
  184  prepared.
  185         (b) Reports to the department.—Prepare, for the approval of
  186  the district school board, all reports required by law or rules
  187  of the State Board of Education to be made to the department and
  188  transmit promptly all such reports, when approved, to the
  189  department, as required by law. If any reports are not
  190  transmitted at the time and in the manner prescribed by law or
  191  by State Board of Education rules, the salary of the district
  192  school superintendent must be withheld until the report has been
  193  properly submitted. Unless otherwise provided by rules of the
  194  State Board of Education, the annual report on attendance and
  195  personnel is due on or before July 1, and the annual school
  196  budget and the report on finance are due on the date prescribed
  197  by the commissioner.
  198  
  199  Any district school superintendent who knowingly signs and
  200  transmits to any state official a report that the superintendent
  201  knows to be false or incorrect; who knowingly fails to
  202  investigate any allegation of misconduct by instructional
  203  personnel or school administrators, as defined in s. 1012.01,
  204  which affects the health, safety, or welfare of a student; or
  205  who knowingly fails to report the alleged misconduct to the
  206  department as required in s. 1012.796; or who knowingly fails to
  207  report misconduct to the law enforcement agencies with
  208  jurisdiction over the conduct pursuant to district school board
  209  policy under s. 1001.42(6), forfeits his or her salary for 1
  210  year following the date of such act or failure to act.
  211         Section 5. Subsections (5) and (6) of section 1012.27,
  212  Florida Statutes, are amended to read:
  213         1012.27 Public school personnel; powers and duties of
  214  district school superintendent.—The district school
  215  superintendent is responsible for directing the work of the
  216  personnel, subject to the requirements of this chapter, and in
  217  addition the district school superintendent shall perform the
  218  following:
  219         (5) SUSPENSION AND DISMISSAL; NOTIFICATION.—
  220         (a) Suspend members of the instructional staff and other
  221  school employees during emergencies for a period extending to
  222  and including the day of the next regular or special meeting of
  223  the district school board and notify the district school board
  224  immediately of such suspension. When authorized to do so, serve
  225  notice on the suspended member of the instructional staff of
  226  charges made against him or her and of the date of hearing.
  227  Recommend employees for dismissal under the terms prescribed
  228  herein.
  229         (b) Notify the parent of a student who was subjected to or
  230  affected by misconduct identified under s. 1001.42(6) within 30
  231  days after the date on which the school district learns of the
  232  misconduct. The notification must inform the parent of:
  233         1. The alleged misconduct, including which allegations have
  234  been substantiated, if any.
  235         2. Whether the district reported the misconduct to the
  236  department, if required by s. 1012.796(1)(d).
  237         3. The sanctions imposed by the school district against the
  238  employee, if any.
  239         4. The support the school district will make available to
  240  the student in response to the misconduct.
  241         (6) EMPLOYMENT HISTORY CHECKS.—Before employing a person
  242  instructional personnel and school administrators, as defined in
  243  s. 1012.01, in any position that requires direct contact with
  244  students, conduct employment history checks of each of the
  245  person’s personnel’s or administrators’ previous employers,
  246  screen instructional the personnel and school or administrators
  247  as defined in s. 1012.01 through use of the educator screening
  248  tools described in s. 1001.10(5), and document the findings. If
  249  unable to contact a previous employer, the district school
  250  superintendent shall document efforts to contact the employer.
  251         Section 6. Paragraph (a) of subsection (2) and paragraph
  252  (a) of subsection (3) of section 1012.31, Florida Statutes, are
  253  amended to read:
  254         1012.31 Personnel files.—Public school system employee
  255  personnel files shall be maintained according to the following
  256  provisions:
  257         (2)(a) Materials relating to work performance, discipline,
  258  suspension, or dismissal must be reduced to writing and signed
  259  by a person competent to know the facts or make the judgment.
  260  The resignation or termination of an employee before an
  261  investigation of alleged misconduct by the employee affecting
  262  the health, safety, or welfare of a student is concluded must be
  263  clearly indicated in the employee’s personnel file.
  264         (3)(a) Public school system employee personnel files are
  265  subject to the provisions of s. 119.07(1), except as follows:
  266         1. Any complaint and any material relating to the
  267  investigation of a complaint against an employee shall be
  268  confidential and exempt from the provisions of s. 119.07(1)
  269  until the conclusion of the preliminary investigation or until
  270  such time as the preliminary investigation ceases to be active.
  271  If the preliminary investigation is concluded with the finding
  272  that there is no probable cause to proceed further and with no
  273  disciplinary action taken or charges filed, a statement to that
  274  effect signed by the responsible investigating official shall be
  275  attached to the complaint, and the complaint and all such
  276  materials shall be open thereafter to inspection pursuant to s.
  277  119.07(1). If the preliminary investigation is concluded with
  278  the finding that there is probable cause to proceed further or
  279  with disciplinary action taken or charges filed, the complaint
  280  and all such materials shall be open thereafter to inspection
  281  pursuant to s. 119.07(1). If the preliminary investigation
  282  ceases to be active, the complaint and all such materials shall
  283  be open thereafter to inspection pursuant to s. 119.07(1). For
  284  the purpose of this subsection, a preliminary investigation
  285  shall be considered active as long as it is continuing with a
  286  reasonable, good faith anticipation that an administrative
  287  finding will be made in the foreseeable future. An investigation
  288  shall be presumed to be inactive if no finding relating to
  289  probable cause is made within 60 days after the complaint is
  290  made. This subparagraph does not absolve the school district of
  291  its duty to provide any legally sufficient complaint to the
  292  department within 30 days after the date on which the subject
  293  matter of the complaint comes to the attention of the school
  294  district pursuant to s. 1012.796(1)(d)1., regardless of the
  295  status of the complaint.
  296         2. An employee evaluation prepared pursuant to s. 1012.33,
  297  s. 1012.34, or s. 1012.56 or rules adopted by the State Board of
  298  Education or district school board under the authority of those
  299  sections shall be confidential and exempt from the provisions of
  300  s. 119.07(1) until the end of the school year immediately
  301  following the school year in which the evaluation was made. No
  302  evaluation prepared before July 1, 1983, shall be made public
  303  pursuant to this section.
  304         3. No material derogatory to an employee shall be open to
  305  inspection until 10 days after the employee has been notified
  306  pursuant to paragraph (2)(c).
  307         4. The payroll deduction records of an employee shall be
  308  confidential and exempt from the provisions of s. 119.07(1).
  309         5. Employee medical records, including psychiatric and
  310  psychological records, shall be confidential and exempt from the
  311  provisions of s. 119.07(1); however, at any hearing relative to
  312  the competency or performance of an employee, the administrative
  313  law judge, hearing officer, or panel shall have access to such
  314  records.
  315         Section 7. Section 1012.315, Florida Statutes, is amended
  316  to read:
  317         1012.315 Disqualification from employment.—A person is
  318  ineligible for educator certification or, and instructional
  319  personnel and school administrators, as defined in s. 1012.01,
  320  are ineligible for employment in any position that requires
  321  direct contact with students in a district school system,
  322  charter school, or private school that accepts scholarship
  323  students under s. 1002.39 or s. 1002.395, if the person,
  324  instructional personnel, or school administrator has been
  325  convicted of:
  326         (1) Any felony offense prohibited under any of the
  327  following statutes:
  328         (a) Section 393.135, relating to sexual misconduct with
  329  certain developmentally disabled clients and reporting of such
  330  sexual misconduct.
  331         (b) Section 394.4593, relating to sexual misconduct with
  332  certain mental health patients and reporting of such sexual
  333  misconduct.
  334         (c) Section 415.111, relating to adult abuse, neglect, or
  335  exploitation of aged persons or disabled adults.
  336         (d) Section 782.04, relating to murder.
  337         (e) Section 782.07, relating to manslaughter, aggravated
  338  manslaughter of an elderly person or disabled adult, aggravated
  339  manslaughter of a child, or aggravated manslaughter of an
  340  officer, a firefighter, an emergency medical technician, or a
  341  paramedic.
  342         (f) Section 784.021, relating to aggravated assault.
  343         (g) Section 784.045, relating to aggravated battery.
  344         (h) Section 784.075, relating to battery on a detention or
  345  commitment facility staff member or a juvenile probation
  346  officer.
  347         (i) Section 787.01, relating to kidnapping.
  348         (j) Section 787.02, relating to false imprisonment.
  349         (k) Section 787.025, relating to luring or enticing a
  350  child.
  351         (l) Section 787.04(2), relating to leading, taking,
  352  enticing, or removing a minor beyond the state limits, or
  353  concealing the location of a minor, with criminal intent pending
  354  custody proceedings.
  355         (m) Section 787.04(3), relating to leading, taking,
  356  enticing, or removing a minor beyond the state limits, or
  357  concealing the location of a minor, with criminal intent pending
  358  dependency proceedings or proceedings concerning alleged abuse
  359  or neglect of a minor.
  360         (n) Section 790.115(1), relating to exhibiting firearms or
  361  weapons at a school-sponsored event, on school property, or
  362  within 1,000 feet of a school.
  363         (o) Section 790.115(2)(b), relating to possessing an
  364  electric weapon or device, destructive device, or other weapon
  365  at a school-sponsored event or on school property.
  366         (p) Section 794.011, relating to sexual battery.
  367         (q) Former s. 794.041, relating to sexual activity with or
  368  solicitation of a child by a person in familial or custodial
  369  authority.
  370         (r) Section 794.05, relating to unlawful sexual activity
  371  with certain minors.
  372         (s) Section 794.08, relating to female genital mutilation.
  373         (t) Chapter 796, relating to prostitution.
  374         (u) Chapter 800, relating to lewdness and indecent
  375  exposure.
  376         (v) Section 800.101, relating to offenses against students
  377  by authority figures.
  378         (w)(v) Section 806.01, relating to arson.
  379         (x)(w) Section 810.14, relating to voyeurism.
  380         (y)(x) Section 810.145, relating to video voyeurism.
  381         (z)(y) Section 812.014(6), relating to coordinating the
  382  commission of theft in excess of $3,000.
  383         (aa)(z) Section 812.0145, relating to theft from persons 65
  384  years of age or older.
  385         (bb)(aa) Section 812.019, relating to dealing in stolen
  386  property.
  387         (cc)(bb) Section 812.13, relating to robbery.
  388         (dd)(cc) Section 812.131, relating to robbery by sudden
  389  snatching.
  390         (ee)(dd) Section 812.133, relating to carjacking.
  391         (ff)(ee) Section 812.135, relating to home-invasion
  392  robbery.
  393         (gg)(ff) Section 817.563, relating to fraudulent sale of
  394  controlled substances.
  395         (hh)(gg) Section 825.102, relating to abuse, aggravated
  396  abuse, or neglect of an elderly person or disabled adult.
  397         (ii)(hh) Section 825.103, relating to exploitation of an
  398  elderly person or disabled adult.
  399         (jj)(ii) Section 825.1025, relating to lewd or lascivious
  400  offenses committed upon or in the presence of an elderly person
  401  or disabled person.
  402         (kk)(jj) Section 826.04, relating to incest.
  403         (ll)(kk) Section 827.03, relating to child abuse,
  404  aggravated child abuse, or neglect of a child.
  405         (mm)(ll) Section 827.04, relating to contributing to the
  406  delinquency or dependency of a child.
  407         (nn)(mm) Section 827.071, relating to sexual performance by
  408  a child.
  409         (oo)(nn) Section 843.01, relating to resisting arrest with
  410  violence.
  411         (pp)(oo) Chapter 847, relating to obscenity.
  412         (qq)(pp) Section 874.05, relating to causing, encouraging,
  413  soliciting, or recruiting another to join a criminal street
  414  gang.
  415         (rr)(qq) Chapter 893, relating to drug abuse prevention and
  416  control, if the offense was a felony of the second degree or
  417  greater severity.
  418         (ss)(rr) Section 916.1075, relating to sexual misconduct
  419  with certain forensic clients and reporting of such sexual
  420  misconduct.
  421         (tt)(ss) Section 944.47, relating to introduction, removal,
  422  or possession of contraband at a correctional facility.
  423         (uu)(tt) Section 985.701, relating to sexual misconduct in
  424  juvenile justice programs.
  425         (vv)(uu) Section 985.711, relating to introduction,
  426  removal, or possession of contraband at a juvenile detention
  427  facility or commitment program.
  428         (2) Any misdemeanor offense prohibited under any of the
  429  following statutes:
  430         (a) Section 784.03, relating to battery, if the victim of
  431  the offense was a minor.
  432         (b) Section 787.025, relating to luring or enticing a
  433  child.
  434         (3) Any criminal act committed in another state or under
  435  federal law which, if committed in this state, constitutes an
  436  offense prohibited under any statute listed in subsection (1) or
  437  subsection (2).
  438         (4) Any delinquent act committed in this state or any
  439  delinquent or criminal act committed in another state or under
  440  federal law which, if committed in this state, qualifies an
  441  individual for inclusion on the Registered Juvenile Sex Offender
  442  List under s. 943.0435(1)(h)1.d.
  443         Section 8. Subsection (12) of section 1012.56, Florida
  444  Statutes, is amended to read:
  445         1012.56 Educator certification requirements.—
  446         (12) DENIAL OF CERTIFICATE.—
  447         (a) The Department of Education may deny an applicant a
  448  certificate if the department possesses evidence satisfactory to
  449  it that the applicant has committed an act or acts, or that a
  450  situation exists, for which the Education Practices Commission
  451  would be authorized to discipline a certified educator revoke a
  452  teaching certificate.
  453         (b) The decision of the department is subject to review by
  454  the Education Practices Commission upon the filing of a written
  455  request from the applicant within 20 days after receipt of the
  456  notice of denial. Upon review, the commission may deny the award
  457  of a certificate, bar an applicant from reapplying for a
  458  certificate, or allow the awarding of a certificate with one or
  459  more of the following conditions:
  460         1. Probation for a period of time.
  461         2. Restriction on the scope of practice.
  462         3. Issuance of a letter of reprimand.
  463         4. Referral to the recovery network program provided in s.
  464  1012.798 under such terms and conditions as the commission may
  465  specify.
  466         5. Imposition of an administrative fine not to exceed
  467  $2,000 for each count or separate offense.
  468         Section 9. Subsections (1) and (5) of section 1012.795,
  469  Florida Statutes, are amended to read:
  470         1012.795 Education Practices Commission; authority to
  471  discipline.—
  472         (1) The Education Practices Commission may suspend the
  473  educator certificate of any person as defined in s. 1012.01(2)
  474  or (3), for up to 5 years, thereby denying that person the right
  475  to teach or otherwise be employed by a district school board or
  476  public school in any capacity requiring direct contact with
  477  students for that period of time, after which the holder may
  478  return to teaching as provided in subsection (4); may revoke the
  479  educator certificate of any person, thereby denying that person
  480  the right to teach or otherwise be employed by a district school
  481  board or public school in any capacity requiring direct contact
  482  with students for up to 10 years, with reinstatement subject to
  483  the provisions of subsection (4); may permanently revoke
  484  permanently the educator certificate of any person thereby
  485  denying that person the right to teach or otherwise be employed
  486  by a district school board or public school in any capacity
  487  requiring direct contact with students; may suspend a person’s
  488  the educator certificate, upon an order of the court or notice
  489  by the Department of Revenue relating to the payment of child
  490  support; or may impose any other penalty provided by law, if the
  491  person:
  492         (a) Obtained or attempted to obtain an educator certificate
  493  by fraudulent means.
  494         (b) Knowingly failed to report actual or suspected child
  495  abuse as required in s. 1006.061 or report alleged misconduct by
  496  instructional personnel or school administrators which affects
  497  the health, safety, or welfare of a student as required in s.
  498  1012.796.
  499         (c) Has proved to be incompetent to teach or to perform
  500  duties as an employee of the public school system or to teach in
  501  or to operate a private school.
  502         (d) Has been guilty of gross immorality or an act involving
  503  moral turpitude as defined by rule of the State Board of
  504  Education, including engaging in or soliciting sexual, romantic,
  505  or lewd conduct with a student or minor.
  506         (e) Has had an educator certificate or other professional
  507  license sanctioned by this or any other revocation, suspension,
  508  or surrender in another state or has had the authority to
  509  practice the regulated profession revoked, suspended, or
  510  otherwise acted against, including a denial of certification or
  511  licensure by the licensing or certifying authority of any
  512  jurisdiction, including its agencies and subdivisions. The
  513  licensing or certifying authority’s acceptance of a
  514  relinquishment, stipulation, consent order, or other settlement
  515  offered in response to or in anticipation of the filing of
  516  charges against the licensee or certificateholder shall be
  517  construed as action against the license or certificate.
  518         (f) Has been convicted or found guilty of, has had
  519  adjudication withheld for, or has pled entered a plea of guilty
  520  or nolo contendere to, regardless of adjudication of guilt, a
  521  misdemeanor, felony, or any other criminal charge, other than a
  522  minor traffic violation.
  523         (g) Upon investigation, has been found guilty of personal
  524  conduct that seriously reduces that person’s effectiveness as an
  525  employee of the district school board.
  526         (h) Has breached a contract, as provided in s. 1012.33(2)
  527  or s. 1012.335.
  528         (i) Has been the subject of a court order or notice by the
  529  Department of Revenue pursuant to s. 409.2598 directing the
  530  Education Practices Commission to suspend the certificate as a
  531  result of noncompliance with a child support order, a subpoena,
  532  an order to show cause, or a written agreement with the
  533  Department of Revenue.
  534         (j) Has violated the Principles of Professional Conduct for
  535  the Education Profession prescribed by State Board of Education
  536  rules.
  537         (k) Has otherwise violated the provisions of law, the
  538  penalty for which is the revocation of the educator certificate.
  539         (l) Has violated any order of the Education Practices
  540  Commission.
  541         (m) Has been the subject of a court order or plea agreement
  542  in any jurisdiction which requires the certificateholder to
  543  surrender or otherwise relinquish his or her educator’s
  544  certificate. A surrender or relinquishment shall be for
  545  permanent revocation of the certificate. A person may not
  546  surrender or otherwise relinquish his or her certificate prior
  547  to a finding of probable cause by the commissioner as provided
  548  in s. 1012.796.
  549         (n) Has been disqualified from educator certification under
  550  s. 1012.315.
  551         (o) Has committed a third recruiting offense as determined
  552  by the Florida High School Athletic Association (FHSAA) pursuant
  553  to s. 1006.20(2)(b).
  554         (p) Has violated test security rules as provided in s.
  555  1008.24.
  556         (5) Each district school superintendent and the governing
  557  authority of each university lab school, state-supported school,
  558  private school, and the FHSAA shall report to the department the
  559  name of any person certified pursuant to this chapter or
  560  employed and qualified pursuant to s. 1012.39:
  561         (a) Who has been convicted or found guilty of, who has had
  562  adjudication withheld for, or who has pled guilty or nolo
  563  contendere to, a misdemeanor, felony, or any other criminal
  564  charge, other than a minor traffic infraction;
  565         (b) Who that official has reason to believe has committed
  566  or is found to have committed any act which would be a ground
  567  for revocation or suspension under subsection (1); or
  568         (c) Who has been dismissed or severed from employment
  569  because of conduct involving any immoral, unnatural, or
  570  lascivious act.
  571         Section 10. Paragraphs (d) and (e) of subsection (1) and
  572  paragraphs (a) and (d) of subsection (7) of section 1012.796,
  573  Florida Statutes, are amended to read:
  574         1012.796 Complaints against teachers and administrators;
  575  procedure; penalties.—
  576         (1)
  577         (d)1. Each school district shall file in writing with the
  578  department all legally sufficient complaints within 30 days
  579  after the date on which subject matter of the complaint comes to
  580  the attention of the school district, regardless of whether the
  581  subject of the complaint is still an employee of the school
  582  district. A complaint is legally sufficient if it contains
  583  ultimate facts that show a violation has occurred as provided in
  584  s. 1012.795 and defined by rule of the State Board of Education.
  585  The school district shall include all information relating to
  586  the complaint which is known to the school district at the time
  587  of filing.
  588         2. A school district shall immediately notify the
  589  department if the subject of a legally sufficient complaint of
  590  misconduct affecting the health, safety, or welfare of a student
  591  resigns or is terminated before the conclusion of the school
  592  district’s investigation. Upon receipt of the notification, the
  593  department shall place an alert on the person’s certification
  594  file indicating that he or she resigned or was terminated before
  595  an investigation involving allegations of misconduct affecting
  596  the health, safety, or welfare of a student was concluded. In
  597  such circumstances, the database may not include specific
  598  information relating to the alleged misconduct until permitted
  599  by subsection (4).
  600         3. Each district school board shall develop and adopt
  601  policies and procedures to comply with this reporting
  602  requirement. School board policies and procedures must include
  603  standards for screening, hiring, and terminating instructional
  604  personnel and school administrators, as defined in s. 1012.01;
  605  standards of ethical conduct for instructional personnel and
  606  school administrators; the duties of instructional personnel and
  607  school administrators for upholding the standards; detailed
  608  procedures for reporting alleged misconduct by instructional
  609  personnel and school administrators which affects the health,
  610  safety, or welfare of a student; requirements for the
  611  reassignment of instructional personnel or school administrators
  612  pending the outcome of a misconduct investigation; and penalties
  613  for failing to comply with s. 1001.51 or s. 1012.795. The
  614  district school board policies and procedures shall include
  615  appropriate penalties for all personnel of the district school
  616  board for nonreporting and procedures for promptly informing the
  617  district school superintendent of each legally sufficient
  618  complaint. The district school superintendent is charged with
  619  knowledge of these policies and procedures and is accountable
  620  for the training of all instructional personnel and school
  621  administrators of the school district on the standards of
  622  ethical conduct, policies, and procedures.
  623         4. If the district school superintendent has knowledge of a
  624  legally sufficient complaint and does not report the complaint,
  625  or fails to enforce the policies and procedures of the district
  626  school board, and fails to comply with the requirements of this
  627  subsection, in addition to other actions against
  628  certificateholders authorized by law, the district school
  629  superintendent is subject to penalties as specified in s.
  630  1001.51(12).
  631         5. If the superintendent determines that misconduct by
  632  instructional personnel or school administrators who hold an
  633  educator certificate affects the health, safety, or welfare of a
  634  student and the misconduct warrants termination, the
  635  instructional personnel or school administrators may resign or
  636  be terminated, and the superintendent must report the misconduct
  637  to the department in the format prescribed by the department.
  638  The department shall maintain each report of misconduct as a
  639  public record in the instructional personnel’s or school
  640  administrators’ certification files. This paragraph does not
  641  limit or restrict the power and duty of the department to
  642  investigate complaints, regardless of the school district’s
  643  untimely filing, or failure to file, complaints and followup
  644  reports.
  645         (e) If allegations arise against an employee who is
  646  certified under s. 1012.56 and employed in an educator
  647  certificated position in any public school, charter school or
  648  governing board thereof, or private school that accepts
  649  scholarship students under s. 1002.39 or s. 1002.395, the school
  650  shall file in writing with the department a legally sufficient
  651  complaint within 30 days after the date on which the subject
  652  matter of the complaint came to the attention of the school,
  653  regardless of whether the subject of the allegations is still an
  654  employee of the school. A complaint is legally sufficient if it
  655  contains ultimate facts that show a violation has occurred as
  656  provided in s. 1012.795 and defined by rule of the State Board
  657  of Education. The school shall include all known information
  658  relating to the complaint with the filing of the complaint. This
  659  paragraph does not limit or restrict the power and duty of the
  660  department to investigate complaints, regardless of the school’s
  661  untimely filing, or failure to file, complaints and followup
  662  reports. A school described in this paragraph shall immediately
  663  notify the department if the subject of a legally sufficient
  664  complaint of misconduct affecting the health, safety, or welfare
  665  of a student resigns or is terminated before the conclusion of
  666  the school’s investigation. Upon receipt of the notification,
  667  the department shall place an alert on the person’s
  668  certification file indicating that he or she resigned or was
  669  terminated before an investigation involving allegations of
  670  misconduct affecting the health, safety, or welfare of a student
  671  was concluded. In such circumstances, the database may not
  672  include specific information relating to the alleged misconduct
  673  until permitted by subsection (4).
  674         (7) A panel of the commission shall enter a final order
  675  either dismissing the complaint or imposing one or more of the
  676  following penalties:
  677         (a) Denial of an application for a teaching certificate or
  678  for an administrative or supervisory endorsement on a teaching
  679  certificate. The denial may provide that the applicant may not
  680  reapply for certification, and that the department may refuse to
  681  consider that applicant’s application, for a specified period of
  682  time or permanently.
  683         (d) Placement of the teacher, administrator, or supervisor
  684  on probation for a period of time and subject to such conditions
  685  as the commission may specify, including requiring the certified
  686  teacher, administrator, or supervisor to complete additional
  687  appropriate college courses or work with another certified
  688  educator, with the administrative costs of monitoring the
  689  probation assessed to the educator placed on probation. An
  690  educator who has been placed on probation shall, at a minimum:
  691         1. Immediately notify the investigative office in the
  692  Department of Education upon employment or separation from
  693  termination of employment in the state in any public or private
  694  position requiring a Florida educator’s certificate.
  695         2. Have his or her immediate supervisor submit annual
  696  performance reports to the investigative office in the
  697  Department of Education.
  698         3. Pay to the commission within the first 6 months of each
  699  probation year the administrative costs of monitoring probation
  700  assessed to the educator.
  701         4. Violate no law and fully comply with all district school
  702  board policies, school rules, and State Board of Education
  703  rules.
  704         5. Satisfactorily perform his or her assigned duties in a
  705  competent, professional manner.
  706         6. Bear all costs of complying with the terms of a final
  707  order entered by the commission.
  708  
  709  The penalties imposed under this subsection are in addition to,
  710  and not in lieu of, the penalties required for a third
  711  recruiting offense pursuant to s. 1006.20(2)(b).
  712         Section 11. This act shall take effect July 1, 2018.