Florida Senate - 2018 CS for CS for SB 1548
By the Committees on Appropriations; and Education; and Senator
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
54 Be It Enacted by the Legislature of the State of Florida:
56 Section 1. Section 800.101, Florida Statutes, is created to
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;
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
387 (cc) (bb) Section 812.13, relating to robbery.
388 (dd) (cc) Section 812.131, relating to robbery by sudden
390 (ee) (dd) Section 812.133, relating to carjacking.
391 (ff) (ee) Section 812.135, relating to home-invasion
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
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
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
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
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
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
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
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.
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
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
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.
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.—
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.
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
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
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.
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.