SB 1548 — Student Safety

Section1002.01, 2. Paragraphsa (o)voluntary andprekindergarten (t)education ofprogram subsectionas (1)described ofin sections. 1011.62, Florida Statutes, are amended to read:

1011.62 Funds1002.53(3), forearly operationlearning ofprograms, schools.—Ifa thepublic annualschool allocationas fromdescribed the Florida Education Finance Program to each district for operation of schools is not determined in thes. annual appropriations act or the substantive bill implementing the annual appropriations act, it shall be determined as follows:

(1) COMPUTATION402.3025(1), OFthe THEFlorida BASICSchool AMOUNTfor TOthe BEDeaf INCLUDEDand FORthe OPERATION.—TheBlind, followingand procedure shall be followed in determining the annualFlorida allocationVirtual toSchool eachestablished districtunder fors. operation:

(o) Calculation1002.37. of additional full-time equivalent membership based on successful completion of a career-themed course pursuant to ss.

1003.491,The 1003.492,term anddoes 1003.493,not orinclude coursesa withfacility embeddeddedicated CAPEexclusively industry certifications or CAPE Digital Tool certificates, and issuance of industry certification identified on the CAPE Industry Certification Funding List pursuant to rules adopted by the Stateeducation Board of Educationadults. or CAPE Digital Tool certificates pursuant to s.

1003.4203.—(c) “Student” 1.a. Ameans valuea ofperson 0.025who full-timeis equivalentenrolled studentat membershipa shallschool. be calculated for CAPE Digital Tool certificates earned by students in elementary and middle school grades.

b. A(2) An valueauthority offigure 0.1 or 0.2 full-time equivalent student membership shall benot calculatedsolicit foror eachengage studentin: who completes a course as defined in s.

1003.493(1)(b)(a) Sexual orconduct; courses with embedded CAPE industry certifications and who is issued an industry certification identified annually on the CAPE Industry Certification Funding List approved under rules adopted by the State Board of Education.

A(b) A valuerelationship of 0.2a full-timeromantic equivalentor membershipintimate shallnature bewhere calculatedthe fornature eachof studentthe whorelationship is issuedcharacterized aby CAPEthe industryexpectation certificationof thataffection hasor asexual statewideinvolvement articulationbetween agreement for college credit approved by the Stateparties; Board of Education.

Foror CAPE(c) Lewd industryconduct certificationswith that do not articulate for college credit, the Department of Education shall assign a full-timestudent. equivalent value of 0.1 for each certification.

Middle(3) A gradesperson students who earnviolates additionalthis FTEsection membershipcommits for a CAPEfelony Digitalof Toolthe certificatesecond pursuantdegree, topunishable subas subparagraphprovided a.in s.

may775.082, nots. use the previously funded examination to satisfy the requirements for earning an industry certification under this sub-subparagraph.

Additional775.083, FTE membership for an elementary or middles. grades student may not exceed 0.1 for certificates or certifications earned within the same fiscal year.

The775.084. State Board of Education shall include the assigned values on the CAPE Industry Certification Funding List under rules adopted by the state board.

Such(4) This valuesection shalldoes benot addedapply to theconduct totalconstituting full-timean equivalentoffense studentthat membershipis forsubject gradesto 6reclassification throughunder 12s. in the subsequent year.

CAPE775.0862. industry certifications earned through dual enrollment must be reported and funded pursuant to s.

1011.80.Section 2. Subsection (5) of section 810.097, Florida Statutes, is amended to read:

However,810.097 Trespass ifupon agrounds student earns a certification through a dual enrollment course and the certification is not a fundable certification on the postsecondary certification funding list, or thefacilities dual enrollment certification is earned as a result of an agreement between a schoolschool; district and a nonpublic postsecondary institution, the bonus value shall be funded in the same manner as other nondual enrollment course industry certifications.

Inpenalties; such cases, the school district may provide for an agreement between the high school and the technical center, or the school district and the postsecondary institution may enter into an agreement for equitable distribution of the bonus funds.

c. Aarrest.— value(5) As ofused 0.3in full-timethis equivalentsection, studentthe membershipterm shall“school” bemeans calculatedthe forgrounds studentor completionany offacility, theincluding coursesschool andbuses, theof embeddedany certificationskindergarten, identifiedelementary onschool, themiddle CAPEschool, Industryjunior Certificationhigh Fundingschool, Listor andsecondary approvedschool, bywhether thepublic commissioneror pursuantnonpublic. to ss.

1003.4203(5)(a)Section 3. Subsection (6) and 1008.44.paragraph (b) of subsection (7) of section 1001.42, Florida Statutes, are amended to read:

d. A1001.42 Powers valueand duties of 0.5district full-timeschool equivalentboard.—The studentdistrict membershipschool shallboard, beacting calculatedas fora CAPEboard, Accelerationshall Industryexercise Certificationsall thatpowers articulate for 15 to 29 college credit hours, and 1.0perform full-timeall equivalentduties studentlisted membershipbelow: shall be calculated for CAPE Acceleration Industry Certifications that articulate for 30 or more college credit hours pursuant to CAPE Acceleration Industry Certifications approved by the commissioner pursuant to ss.

1003.4203(5)(b)(6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL PERSONNEL AND SCHOOL ADMINISTRATORS.—Adopt policies establishing standards of ethical conduct for instructional personnel and 1008.44.school administrators.

2. EachThe districtpolicies must allocaterequire atall leastinstructional 80personnel percentand ofschool theadministrators, fundsas provideddefined for CAPE industry certification, in accordances. with this paragraph, to the program that generated the funds.

This1012.01, allocation may not be used to supplantcomplete fundstraining providedon for basic operation of the program.standards;

3. Forestablish CAPEthe industryduty certificationsof earnedinstructional inpersonnel theand 2013-2014 school yearadministrators to report, and inprocedures subsequentfor years,reporting, thealleged schoolmisconduct districtby shallother distributeinstructional topersonnel eachand classroomschool teacheradministrators whowhich providedaffects directthe instructionhealth, towardsafety, theor attainmentwelfare of a CAPEstudent, industryincluding certificationmisconduct that qualifiedinvolves forengaging additionalin full-timeor equivalentsoliciting membershipsexual, underromantic, subparagraphor 1.:lewd conduct with a student;

a. Arequire bonusthe ofdistrict $25school forsuperintendent eachto studentreport taughtto bylaw aenforcement teachermisconduct whoby providedinstructional instructionpersonnel inor aschool courseadministrators thatwhich ledwould toresult thein attainmentdisqualification offrom aeducator CAPE industry certification onor theemployment CAPEas Industryprovided Certificationin Fundings. List with a weight of 0.1.

b. A1012.315; bonus of $50 for each student taught by a teacher who provided instruction in a course that led to the attainment of a CAPE industry certification on the CAPE Industry Certification Funding List with a weight of 0.2.

c. Aand bonusinclude ofan $75explanation for each student taught by a teacher who provided instruction in a course that led to the attainment of a CAPE industry certification on the CAPEliability Industryprotections Certificationprovided Fundingunder Listss. with a weight of 0.3.

d. A39.203 bonusand of768.095. $100 for each student taught by a teacher who provided instruction in a course that led to the attainment of a CAPE industry certification on the CAPE Industry Certification Funding List with a weight of 0.5 or 1.0.

169A Bonusesdistrict awardedschool pursuantboard, toor thisany paragraphof shallits beemployees, providedmay tonot teachersenter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or personnel or administrators who areresign employedin bylieu theof districttermination, based in thewhole yearor in whichpart on misconduct that affects the additionalhealth, FTEsafety, membershipor calculationwelfare isof includeda student, and may not provide instructional personnel or school administrators with employment references or discuss the personnel’s or administrators’ performance with prospective employers in another educational setting, without disclosing the calculation.personnel’s or administrators’ misconduct.

BonusesAny shallpart beof calculatedan basedagreement uponor contract that has the associatedpurpose weightor effect of aconcealing CAPEmisconduct industryby certificationinstructional onpersonnel theor CAPEschool Industryadministrators Certificationwhich Fundingaffects Listthe forhealth, thesafety, yearor inwelfare whichof thea certificationstudent is earnedvoid, byis thecontrary student.to public policy, and may not be enforced.

Any(7) DISQUALIFICATION bonusFROM awardedEMPLOYMENT.—Disqualify toinstructional apersonnel teacherand pursuantschool toadministrators, underas thisdefined paragraph is in additions. to any regular wage or other bonus the teacher received or is scheduled to receive.

A1012.01, bonusfrom mayemployment notin be awarded to a teacher who fails to maintain the security of any CAPEposition industrythat certificationrequires examinationdirect orcontact whowith otherwisestudents violatesif the securitypersonnel or administrationadministrators protocolare ofineligible anyfor assessmentsuch instrumentemployment that may result in a bonus being awarded to the teacher under thiss. paragraph.

(t) Computation1012.315. for funding through the Florida Education Finance Program.—The State Board of Education may adopt rules establishing programs, industry certifications, and courses for which the student may earn credit toward high school graduation and the criteria under which a student’s industry certification or grade may be rescinded.

SectionAn 3. Sectionelected 1012.315,or Floridaappointed Statutes,school isboard amendedofficial toforfeits read:his or her salary for 1 year if:

(b) The school board official knowingly fails to adopt policies that require:

1. Instructional personnel and school administrators to report alleged misconduct by other instructional personnel and school administrators;

2. The district school superintendent to report misconduct by instructional personnel or school administrators that would result in disqualification from educator certification or employment as provided in s.

1012.315 to the law enforcement agencies with jurisdiction over the conduct;, or 3. that require The investigation of all reports of alleged misconduct by instructional personnel and school administrators, if the misconduct affects the health, safety, or welfare of a student.

Section 4. Subsection (12) of section 1001.51, Florida Statutes, is amended to read:

1001.51 Duties and responsibilities of district school superintendent.—The district school superintendent shall exercise all powers and perform all duties listed below and elsewhere in the law, provided that, in so doing, he or she shall advise and counsel with the district school board.

The district school superintendent shall perform all tasks necessary to make sound recommendations, nominations, proposals, and reports required by law to be acted upon by the district school board.

All such recommendations, nominations, proposals, and reports by the district school superintendent shall be either recorded in the minutes or shall be made in writing, noted in the minutes, and filed in the public records of the district school board.

It shall be presumed that, in the absence of the record required in this section, the recommendations, nominations, and proposals required of the district school superintendent were not contrary to the action taken by the district school board in such matters.

(12) RECORDS AND REPORTS.—Recommend such records as should be kept in addition to those prescribed by rules of the State Board of Education;

prepare forms for keeping such records as are approved by the district school board;

ensure that such records are properly kept;

and make all reports that are needed or required, as follows:

(a) Forms, blanks, and reports.—Require that all employees accurately keep all records and promptly make in proper form all reports required by the education code or by rules of the State Board of Education;

recommend the keeping of such additional records and the making of such additional reports as may be deemed necessary to provide data essential for the operation of the school system;

and prepare such forms and blanks as may be required and ensure that these records and reports are properly prepared.

(b) Reports to the department.—Prepare, for the approval of the district school board, all reports required by law or rules of the State Board of Education to be made to the department and transmit promptly all such reports, when approved, to the department, as required by law.

If any reports are not transmitted at the time and in the manner prescribed by law or by State Board of Education rules, the salary of the district school superintendent must be withheld until the report has been properly submitted.

Unless otherwise provided by rules of the State Board of Education, the annual report on attendance and personnel is due on or before July 1, and the annual school budget and the report on finance are due on the date prescribed by the commissioner.

199 Any district school superintendent who knowingly signs and transmits to any state official a report that the superintendent knows to be false or incorrect;

who knowingly fails to investigate any allegation of misconduct by instructional personnel or school administrators, as defined in s.

1012.01, which affects the health, safety, or welfare of a student;

or who knowingly fails to report the alleged misconduct to the department as required in s.

1012.796;

or who knowingly fails to report misconduct to the law enforcement agencies with jurisdiction over the conduct pursuant to district school board policy under s.

1001.42(6), forfeits his or her salary for 1 year following the date of such act or failure to act.

Section 5. Subsections (5) and (6) of section 1012.27, Florida Statutes, are amended to read:

1012.27 Public school personnel;

powers and duties of district school superintendent.—The district school superintendent is responsible for directing the work of the personnel, subject to the requirements of this chapter, and in addition the district school superintendent shall perform the following:

(5) SUSPENSION AND DISMISSAL;

NOTIFICATION.— (a) Suspend members of the instructional staff and other school employees during emergencies for a period extending to and including the day of the next regular or special meeting of the district school board and notify the district school board immediately of such suspension.

When authorized to do so, serve notice on the suspended member of the instructional staff of charges made against him or her and of the date of hearing.

Recommend employees for dismissal under the terms prescribed herein.

(b) Notify the parent of a student who was subjected to or affected by misconduct identified under s.

1001.42(6) within 30 days after the date on which the school district learns of the misconduct.

The notification must inform the parent of:

1. The alleged misconduct, including which allegations have been substantiated, if any.

2. Whether the district reported the misconduct to the department, if required by s.

1012.796(1)(d).

3. The sanctions imposed by the school district against the employee, if any.

4. The support the school district will make available to the student in response to the misconduct.

(6) EMPLOYMENT HISTORY CHECKS.—Before employing a person instructional personnel and school administrators, as defined in s.

1012.01, in any position that requires direct contact with students, conduct employment history checks of each of the person’s personnel’s or administrators’ previous employers, screen instructional the personnel and school or administrators as defined in s.

1012.01 through use of the educator screening tools described in s.

1001.10(5), and document the findings.

If unable to contact a previous employer, the district school superintendent shall document efforts to contact the employer.

Section 6. Paragraph (a) of subsection (2) and paragraph (a) of subsection (3) of section 1012.31, Florida Statutes, are amended to read:

1012.31 Personnel files.—Public school system employee personnel files shall be maintained according to the following provisions:

(2)(a) Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment.

The resignation or termination of an employee before an investigation of alleged misconduct by the employee affecting the health, safety, or welfare of a student is concluded must be clearly indicated in the employee’s personnel file.

(3)(a) Public school system employee personnel files are subject to the provisions of s.

119.07(1), except as follows:

1. Any complaint and any material relating to the investigation of a complaint against an employee shall be confidential and exempt from the provisions of s.

119.07(1) until the conclusion of the preliminary investigation or until such time as the preliminary investigation ceases to be active.

If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached to the complaint, and the complaint and all such materials shall be open thereafter to inspection pursuant to s.

119.07(1).

If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to s.

119.07(1).

If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection pursuant to s.

119.07(1).

For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future.

An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 days after the complaint is made.

This subparagraph does not absolve the school district of its duty to provide any legally sufficient complaint to the department within 30 days after the date on which the subject matter of the complaint comes to the attention of the school district pursuant to s.

1012.796(1)(d)1., regardless of the status of the complaint.

2. An employee evaluation prepared pursuant to s.

1012.33, s.

1012.34, or s.

1012.56 or rules adopted by the State Board of Education or district school board under the authority of those sections shall be confidential and exempt from the provisions of s.

119.07(1) until the end of the school year immediately following the school year in which the evaluation was made.

No evaluation prepared before July 1, 1983, shall be made public pursuant to this section.

3. No material derogatory to an employee shall be open to inspection until 10 days after the employee has been notified pursuant to paragraph (2)(c).

4. The payroll deduction records of an employee shall be confidential and exempt from the provisions of s.

119.07(1).

5. Employee medical records, including psychiatric and psychological records, shall be confidential and exempt from the provisions of s.

119.07(1);

however, at any hearing relative to the competency or performance of an employee, the administrative law judge, hearing officer, or panel shall have access to such records.

Section 7. Section 1012.315, Florida Statutes, is amended to read:

(v) Section 806.01,800.101, relating to arson.offenses against students by authority figures.

(w) Section(w)(v) Section 810.14,806.01, relating to voyeurism.arson.

(x) Section(x)(w) Section 810.145,810.14, relating to video voyeurism.

(y) Section(y)(x) Section 812.014(6),810.145, relating to coordinatingvideo thevoyeurism. commission of theft in excess of $3,000.

(z) Section(z)(y) Section 812.0145,812.014(6), relating to theftcoordinating fromthe personscommission 65of yearstheft ofin ageexcess orof older.$3,000.

(aa) Section(aa)(z) Section 812.019,812.0145, relating to dealingtheft infrom stolenpersons property.65 years of age or older.

(bb) Section(bb)(aa) Section 812.13,812.019, relating to robbery.dealing in stolen property.

(cc) Section(cc)(bb) Section 812.131,812.13, relating to robberyrobbery. by sudden snatching.

(dd) Section(dd)(cc) Section 812.133,812.131, relating to carjacking.robbery by sudden snatching.

(ee) Section(ee)(dd) Section 812.135,812.133, relating to home-invasioncarjacking. robbery.

(ff) Section(ff)(ee) Section 817.563,812.135, relating to fraudulenthome-invasion salerobbery. of controlled substances.

(gg) Section(gg)(ff) Section 825.102,817.563, relating to abuse,fraudulent aggravatedsale abuse, or neglect of ancontrolled elderlysubstances. person or disabled adult.

(hh) Section(hh)(gg) Section 825.103,825.102, relating to exploitationabuse, aggravated abuse, or neglect of an elderly person or disabled adult.

(ii) Section(ii)(hh) Section 825.1025,825.103, relating to lewdexploitation or lascivious offenses committed upon or in the presence of an elderly person or disabled person.adult.

(jj) Section(jj)(ii) Section 826.04,825.1025, relating to incest.lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.

(kk) Section(kk)(jj) Section 827.03,826.04, relating to childincest. abuse, aggravated child abuse, or neglect of a child.

(ll) Section(ll)(kk) Section 827.04,827.03, relating to contributingchild toabuse, theaggravated delinquencychild abuse, or dependencyneglect of a child.

(mm) Section(mm)(ll) Section 827.071,827.04, relating to sexualcontributing performanceto bythe delinquency or dependency of a child.

(nn) Section(nn)(mm) Section 843.01,827.071, relating to resistingsexual arrestperformance withby violence.a child.

(oo) Chapter(oo)(nn) Section 847,843.01, relating to obscenity.resisting arrest with violence.

(pp) Section(pp)(oo) Chapter 874.05,847, relating to causing,obscenity. encouraging, soliciting, or recruiting another to join a criminal street gang.

(qq) Chapter(qq)(pp) Section 893,874.05, relating to drugcausing, abuseencouraging, preventionsoliciting, andor control,recruiting ifanother theto offensejoin was a felonycriminal ofstreet thegang. second degree or greater severity.

(rr) Section(rr)(qq) Chapter 916.1075,893, relating to sexualdrug misconductabuse withprevention certainand forensiccontrol, clientsif andthe reportingoffense was a felony of suchthe sexualsecond misconduct.degree or greater severity.

(ss) Section(ss)(rr) Section 944.47,916.1075, relating to introduction,sexual removal,misconduct orwith possessioncertain offorensic contrabandclients atand areporting correctionalof facility.such sexual misconduct.

(tt) Section(tt)(ss) Section 985.701,944.47, relating to sexualintroduction, misconductremoval, inor juvenilepossession justiceof programs.contraband at a correctional facility.

(uu) Section(uu)(tt) Section 985.711,985.701, relating to introduction,sexual removal,misconduct orin possession of contraband at a juvenile detentionjustice facilityprograms. or commitment program.

(vv)(uu) Section 985.711, relating to introduction, removal, or possession of contraband at a juvenile detention facility or commitment program.

Section 4. Subsection8. Subsection (3)(12) isof added to section 1012.36,1012.56, Florida Statutes, is amended to read:

1012.36 Part-time1012.56 Educator teachers.—certification (3) Personsrequirements.— employed(12) DENIAL underOF theCERTIFICATE.— provisions(a) The Department of thisEducation sectionmay aredeny notan exemptapplicant froma certificate if the requirementsdepartment ofpossesses s.evidence satisfactory to it that the applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to discipline a certified educator revoke a teaching certificate.

1012.55(2)(a).

Section 5. Paragraph (b) of subsection (10) and subsection (12) of section 1012.56, Florida Statutes, are amended to read:

1012.56 Educator certification requirements.— (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND PERIODICALLY.— (b) A person may not receive a certificate under this chapter until the person’s screening under s.

1012.32 is completed and the results have been submitted to the Department of Education or to the district school superintendent of the school district that employs the person.

Every 5 years after obtaining initial certification, each person who is required to be certified under this chapter must be rescreened in accordance with s.

1012.32, at which time the school district shall request the Department of Law Enforcement to forward the fingerprints to the Federal Bureau of Investigation for federal criminal records checks.

If, for any reason after obtaining initial certification, the fingerprints of a person who is required to be certified under this chapter are not retained by the Department of Law Enforcement under s.

1012.32(3)(a) and (b), the person must file a complete set of fingerprints with the district school superintendent of the employing school district.

Upon submission of fingerprints for this purpose, the school district shall request the Department of Law Enforcement to forward the fingerprints to the Federal Bureau of Investigation for federal criminal records checks, and the fingerprints shall be retained by the Department of Law Enforcement under s.

1012.32(3)(a) and (b).

The cost of the state and federal criminal history checks required by paragraph (a) and this paragraph may be borne by the district school board or the employee.

Under penalty of perjury, each person who is certified under this chapter must agree to inform his or her employer within 48 hours if arrested for convicted of any disqualifying offense while he or she is employed in a position for which such certification is required.

(12) DENIAL OF CERTIFICATE.— (a) The Department of Education may deny an applicant a certificate if the department possesses evidence satisfactory to it that the applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to discipline a certified educator revoke a teaching certificate.

Upon review, the commission may imposedeny the award of a certificate, bar an applicant from reapplying for a certificate, or allow the awarding of a certificate with one or more of the following penaltiesconditions: pursuant to s.

1012.796(7):1. Probation for a period of time.

1. Denial2. Restriction ofon anthe application.scope of practice.

2. Bar3. Issuance fromof reapplication.a letter of reprimand.

3. Probation4. Referral forto athe periodrecovery ofnetwork time.program provided in s.

4. Restriction of the scope of practice.

5. Issuance of a letter of reprimand.

6. Referral of the teacher, administrator, or supervisor to the recovery network program provided in s.

7. An5. Imposition of an administrative fine not to exceed $2,000 for each count or separate offense.

Section 6. Subsection9. Subsections (1) and (5) of section 1012.57,1012.795, Florida Statutes, isare amended to read:

1012.57 Certification of adjunct educators.— (1) Notwithstanding the provisions of ss.

1012.32, 1012.55, and 1012.56, or any other provision of law or rule to the contrary, district school boards shall adopt rules to allow for the issuance of an adjunct teaching certificate to any applicant who fulfills the requirements of s.

1012.56(2)(a)-(f) and (10) and who has expertise in the subject area to be taught.

An applicant shall be considered to have expertise in the subject area to be taught if the applicant demonstrates sufficient subject area mastery through passage of a subject area test.

The adjunct teaching certificate shall be used for part-time teaching positions.

The adjunct teaching certificate may not be used to fulfill the requirements of s.

1012.55(2)(a).

Section 7. Subsections (1) and (5) of section 1012.795, Florida Statutes, are amended to read:

authority to discipline.— (1) The Education Practices Commission may denysuspend anthe applicationeducator forcertificate certification;of any person as defined in s.

may1012.01(2) suspendor (3), for up to 5 years, thereby denying that person the educatorright certificatesto certificateteach ofor anyotherwise instructionalbe personnelemployed by a district school board or public school administrators,in personany capacity requiring direct contact with students for that period of time, after which the holder may return to teaching as definedprovided in s.subsection (4);

1012.01(2) or (3), for up to 5 years, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for that period of time, after which the person holder may return to teaching as provided in subsection (4);

may permanently revoke permanently the educator certificate of any person,person thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students;

(d) Has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education.Education, including engaging in or soliciting sexual, romantic, or lewd conduct with a student or minor.

(e) Has had an educator certificate or other professional license sanctioned by this or any other revocation, suspension, or surrender in another state or has had the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including a denial of certification or licensure,licensure by the licensing or certifying authority of any jurisdiction, including its agencies and subdivisions.

(f) Regardless(f) Has of adjudication, has been convicted or found guilty of, has had adjudication withheld for, or has pled entered a plea of guilty or nolo contendere to, regardless of adjudication of guilt, a misdemeanor, a felony, or any other criminal charge, other than a minor traffic violation.

(a) Who has been convicted or found guilty of, who has had adjudication withheld,withheld for, or who has pled guilty or nolo contendere to, a misdemeanor, a felony, or any other criminal charge, other than a minor traffic infraction;

Section 8. Paragraphs10. Paragraphs (d) and (e) of subsection (1) and paragraphs (a) and (d) of subsection (7) of section 1012.796, Florida Statutes, are amended to read:

penalties.— (7) A(1) panel(d)1. Each ofschool district shall file in writing with the commissiondepartment shallall enterlegally asufficient finalcomplaints orderwithin either30 dismissingdays after the date on which subject matter of the complaint orcomes imposingto onethe orattention moreof the school district, regardless of whether the followingsubject penalties:of the complaint is still an employee of the school district.

A complaint is legally sufficient if it contains ultimate facts that show a violation has occurred as provided in s.

1012.795 and defined by rule of the State Board of Education.

The school district shall include all information relating to the complaint which is known to the school district at the time of filing.

2. A school district shall immediately notify the department if the subject of a legally sufficient complaint of misconduct affecting the health, safety, or welfare of a student resigns or is terminated before the conclusion of the school district’s investigation.

Upon receipt of the notification, the department shall place an alert on the person’s certification file indicating that he or she resigned or was terminated before an investigation involving allegations of misconduct affecting the health, safety, or welfare of a student was concluded.

In such circumstances, the database may not include specific information relating to the alleged misconduct until permitted by subsection (4).

3. Each district school board shall develop and adopt policies and procedures to comply with this reporting requirement.

School board policies and procedures must include standards for screening, hiring, and terminating instructional personnel and school administrators, as defined in s.

1012.01;

standards of ethical conduct for instructional personnel and school administrators;

the duties of instructional personnel and school administrators for upholding the standards;

detailed procedures for reporting alleged misconduct by instructional personnel and school administrators which affects the health, safety, or welfare of a student;

requirements for the reassignment of instructional personnel or school administrators pending the outcome of a misconduct investigation;

and penalties for failing to comply with s.

1001.51 or s.

1012.795.

The district school board policies and procedures shall include appropriate penalties for all personnel of the district school board for nonreporting and procedures for promptly informing the district school superintendent of each legally sufficient complaint.

The district school superintendent is charged with knowledge of these policies and procedures and is accountable for the training of all instructional personnel and school administrators of the school district on the standards of ethical conduct, policies, and procedures.

4. If the district school superintendent has knowledge of a legally sufficient complaint and does not report the complaint, or fails to enforce the policies and procedures of the district school board, and fails to comply with the requirements of this subsection, in addition to other actions against certificateholders authorized by law, the district school superintendent is subject to penalties as specified in s.

1001.51(12).

5. If the superintendent determines that misconduct by instructional personnel or school administrators who hold an educator certificate affects the health, safety, or welfare of a student and the misconduct warrants termination, the instructional personnel or school administrators may resign or be terminated, and the superintendent must report the misconduct to the department in the format prescribed by the department.

The department shall maintain each report of misconduct as a public record in the instructional personnel’s or school administrators’ certification files.

This paragraph does not limit or restrict the power and duty of the department to investigate complaints, regardless of the school district’s untimely filing, or failure to file, complaints and followup reports.

(e) If allegations arise against an employee who is certified under s.

1012.56 and employed in an educator certificated position in any public school, charter school or governing board thereof, or private school that accepts scholarship students under s.

1002.39 or s.

1002.395, the school shall file in writing with the department a legally sufficient complaint within 30 days after the date on which the subject matter of the complaint came to the attention of the school, regardless of whether the subject of the allegations is still an employee of the school.

A complaint is legally sufficient if it contains ultimate facts that show a violation has occurred as provided in s.

1012.795 and defined by rule of the State Board of Education.

The school shall include all known information relating to the complaint with the filing of the complaint.

This paragraph does not limit or restrict the power and duty of the department to investigate complaints, regardless of the school’s untimely filing, or failure to file, complaints and followup reports.

A school described in this paragraph shall immediately notify the department if the subject of a legally sufficient complaint of misconduct affecting the health, safety, or welfare of a student resigns or is terminated before the conclusion of the school’s investigation.

Upon receipt of the notification, the department shall place an alert on the person’s certification file indicating that he or she resigned or was terminated before an investigation involving allegations of misconduct affecting the health, safety, or welfare of a student was concluded.

In such circumstances, the database may not include specific information relating to the alleged misconduct until permitted by subsection (4).

(7) A panel of the commission shall enter a final order either dismissing the complaint or imposing one or more of the following penalties:

533709 The penalties imposed under this subsection are in addition to, and not in lieu of, the penalties required for a third recruiting offense pursuant to s.

Section 9. This11. This act shall take effect July 1, 2018.