Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1386
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/02/2022 .
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The Committee on Education (Diaz) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsection (4) of section 800.101,
6 Florida Statutes, is redesignated as subsection (5), new
7 subsection (4) is added to that section, and subsection (3) of
8 that section is amended, to read:
9 800.101 Offenses against students by authority figures.—
10 (3) A person who violates subsection (2) this section
11 commits a felony of the second degree, punishable as provided in
12 s. 775.082, s. 775.083, or s. 775.084.
13 (4)(a) A person who is required to make a report regarding
14 an incident of sexual misconduct with a student which could
15 impact an educator’s inclusion on the disqualification list
16 maintained by the Department of Education pursuant to s.
17 1001.10(4)(b) and who knowingly or willfully fails to make such
18 report, or knowingly or willfully prevents another person from
19 doing so, commits a misdemeanor of the first degree, punishable
20 as provided in s. 775.082 or s. 775.083.
21 (b) A person who knowingly or willfully submits inaccurate,
22 incomplete, or untruthful information with respect to a report
23 regarding an incident of sexual misconduct with a student which
24 could impact an educator’s inclusion on the disqualification
25 list maintained by the Department of Education pursuant to s.
26 1001.10(4)(b) commits a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 (c) A person who knowingly or willfully coerces or
29 threatens any other person with the intent to alter testimony or
30 a written report regarding an incident of sexual misconduct with
31 a student which could impact an educator’s inclusion on the
32 disqualification list maintained by the Department of Education
33 pursuant to s. 1001.10(4)(b) commits a misdemeanor of the first
34 degree, punishable as provided in s. 775.082 or s. 775.083.
35 Section 2. Subsection (2) and paragraph (b) of subsection
36 (3) of section 1012.32, Florida Statutes, are amended, and
37 subsection (4) is added to that section, to read:
38 1012.32 Qualifications of personnel.—
39 (2)(a) Instructional and noninstructional personnel who are
40 hired or contracted to fill positions that require direct
41 contact with students in any district school system or
42 university lab school must, upon employment or engagement to
43 provide services, undergo background screening as required under
44 s. 1012.465 or s. 1012.56, whichever is applicable.
45 (b)1. Instructional and noninstructional personnel who are
46 hired or contracted to fill positions in a charter school other
47 than a school of hope as defined in s. 1002.333, and members of
48 the governing board of such charter school, in compliance with
49 s. 1002.33(12)(g), upon employment, engagement of services, or
50 appointment, shall undergo background screening as required
51 under s. 1012.465 or s. 1012.56, whichever is applicable, by
52 filing with the employing entity district school board for the
53 school district in which the charter school is located a
54 complete set of fingerprints taken by an authorized law
55 enforcement agency or an employee of the school or school
56 district who is trained to take fingerprints.
57 2. Instructional and noninstructional personnel who are
58 hired or contracted to fill positions in a school of hope as
59 defined in s. 1002.333, and members of the governing board of
60 such school of hope, shall file with the school of hope a
61 complete set of fingerprints taken by an authorized law
62 enforcement agency, by an employee of the school of hope or
63 school district who is trained to take fingerprints, or by any
64 other entity recognized by the Department of Law Enforcement to
65 take fingerprints.
66 (c) Instructional and noninstructional personnel who are
67 hired or contracted to fill positions that require direct
68 contact with students in an alternative school that operates
69 under contract with a district school system must, upon
70 employment or engagement to provide services, undergo background
71 screening as required under s. 1012.465 or s. 1012.56, whichever
72 is applicable, by filing with the alternative school district
73 school board for the school district to which the alternative
74 school is under contract a complete set of fingerprints taken by
75 an authorized law enforcement agency or an employee of the
76 school or school district who is trained to take fingerprints.
77 (d) Student teachers and persons participating in a field
78 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
79 district school system, lab school, or charter school must, upon
80 engagement to provide services, undergo background screening as
81 required under s. 1012.56.
82
83 Required fingerprints must be submitted to the Department of Law
84 Enforcement for statewide criminal and juvenile records checks
85 and to the Federal Bureau of Investigation for federal criminal
86 records checks. A person subject to this subsection who is found
87 ineligible for employment under s. 1012.315, or otherwise found
88 through background screening to have been convicted of any crime
89 involving moral turpitude as defined by rule of the State Board
90 of Education, may shall not be employed, engaged to provide
91 services, or serve in any position that requires direct contact
92 with students. Probationary persons subject to this subsection
93 who are terminated because of their criminal record have the
94 right to appeal such decisions. Except for a person’s
95 ineligibility for employment as provided in this section, an
96 employing entity has the sole authority for determining a
97 person’s employment eligibility. The cost of the background
98 screening may be borne by the employing entity district school
99 board, the charter school, the employee, the contractor, or a
100 person subject to this subsection. A district school board shall
101 reimburse a charter school the cost of background screening if
102 it does not notify the charter school of the eligibility of a
103 governing board member or instructional or noninstructional
104 personnel within the earlier of 14 days after receipt of the
105 background screening results from the Florida Department of Law
106 Enforcement or 30 days of submission of fingerprints by the
107 governing board member or instructional or noninstructional
108 personnel.
109 (3)
110 (b) The Department of Law Enforcement shall search all
111 arrest fingerprints received under s. 943.051 against the
112 fingerprints retained in the statewide automated biometric
113 identification system under paragraph (a). Any arrest record
114 that is identified with the retained fingerprints of a person
115 subject to the background screening under this section must
116 shall be reported to the employing entity or contracting school
117 district or the school district with which the person is
118 affiliated. Each employing entity school district is required to
119 participate in this search process by payment of an annual fee
120 to the Department of Law Enforcement and by informing the
121 Department of Law Enforcement of any change in the affiliation,
122 employment, or contractual status or place of affiliation,
123 employment, or contracting of its instructional and
124 noninstructional personnel whose fingerprints are retained under
125 paragraph (a). The Department of Law Enforcement shall adopt a
126 rule setting the amount of the annual fee to be imposed upon
127 each employing entity school district for performing these
128 searches and establishing the procedures for the retention of
129 instructional and noninstructional personnel fingerprints and
130 the dissemination of search results. The fee may be borne by the
131 employing entity district school board, the contractor, or the
132 person fingerprinted.
133 (4) For purposes of this section, the term “employing
134 entity” means a district school board, charter school,
135 alternative school, or any other entity that requires employees
136 to complete a background screening pursuant to this section.
137 Section 3. Paragraph (a) of subsection (1) of section
138 1012.34, Florida Statutes, is amended to read:
139 1012.34 Personnel evaluation procedures and criteria.—
140 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
141 (a) For the purpose of increasing student academic
142 performance by improving the quality of instructional,
143 administrative, and supervisory services in the public schools
144 of this the state, the district school superintendent shall
145 establish procedures for evaluating the performance of duties
146 and responsibilities of all instructional, administrative, and
147 supervisory personnel employed by the school district. The
148 procedures established by the district school superintendent set
149 the standards of service to be offered to the public within the
150 meaning of s. 447.209 and are not subject to the collective
151 bargaining process. The district school superintendent shall
152 provide instructional personnel the opportunity to review their
153 class rosters for accuracy and to correct any mistakes. The
154 district school superintendent shall report accurate class
155 rosters for the purpose of calculating district and statewide
156 student performance and annually report the evaluation results
157 of instructional personnel and school administrators to the
158 Department of Education in addition to the information required
159 under subsection (5).
160 Section 4. This act shall take effect upon becoming a law.
161
162 ================= T I T L E A M E N D M E N T ================
163 And the title is amended as follows:
164 Delete everything before the enacting clause
165 and insert:
166 A bill to be entitled
167 An act relating to school personnel; amending s.
168 800.101, F.S.; prohibiting a person who is required to
169 make certain reports concerning sexual misconduct with
170 a student from knowingly or willfully failing to make
171 such report or knowingly or willfully preventing
172 another person from doing so; prohibiting a person
173 from knowingly or willfully submitting inaccurate,
174 incomplete, or untruthful information with respect to
175 a report concerning sexual misconduct with a student;
176 prohibiting a person from knowingly or willfully
177 coercing or threatening any other person with the
178 intent to alter testimony or a written report
179 concerning sexual misconduct with a student; providing
180 criminal penalties; amending s. 1012.32, F.S.;
181 specifying that certain instructional and
182 noninstructional personnel must file fingerprints with
183 the employing entity or alternative school, as
184 applicable, rather than the district school board;
185 conforming provisions to changes made by the act;
186 providing that an employing entity has the sole
187 authority for determining the employment eligibility
188 of certain personnel; providing an exception;
189 requiring the Department of Law Enforcement to report
190 the results from background screenings to the
191 employing entity; defining the term “employing
192 entity”; amending s. 1012.34, F.S.; providing that
193 certain procedures established by district school
194 superintendents set the standards of service to be
195 offered to the public within the meaning of a
196 specified provision and are not subject to the
197 collective bargaining process; providing an effective
198 date.