HB 1127 — Educational Employees

conforming a cross-reference;

amending s.

authorizing the Education Practices Commission to place certain individuals on the disqualification list under certain circumstances;

requiring the department to immediately investigate certain complaints of specified individuals;

requiring such complaints to be given priority over other pending complaints;

authorizingproviding acriminal panelpenalties; of the commission to place certain individuals on the disqualification list under certain circumstances;

prohibitingproviding an individualeffective ondate. the disqualification list from serving or applying to serve in certain positions;

providingBe criminalIt PageEnacted 3by the Legislature of 37the CODING:State of Florida:

Page 2 of 27 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 penalties;Section 1.

providing an effective date.

78 Be It Enacted by the Legislature of the State of Florida:

80 Section 1.

Subsection (5) of section 435.02, Florida Statutes, is amended to read:

435.02 Definitions.—For the purposes of this chapter, the term:

(5) "Specified agency" means the Department of Health, the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Department of Elderly Affairs, the Department of Juvenile Justice, the Agency for Persons with Disabilities, and local licensing agencies approved pursuant to s.

402.307, when these agencies are conducting state and national criminal history background screening on persons who work with children or persons who are elderly or disabled.

Section 2.

(a) Provide technical assistance to school districts, charter schools, the Florida School for the Deaf and the Blind, and private schools that accept scholarship students who Pageparticipate 4in a state scholarship program under chapter 1002 in the development of 37policies, CODING:procedures, and training related to employment practices and standards of ethical conduct for instructional personnel and school administrators, as defined in s.

Words stricken are deletions;

words underlined are additions.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 participate in a state scholarship program under chapter 1002 in the development of policies, procedures, and training related to employment practices and standards of ethical conduct for instructional personnel and school administrators, as defined in s.

Individuals whowhose educator certificates have been placedpermanently onrevoked the list by thea Educationpanel Practicesof Commissionthe commission pursuant to s.

1012.796(7)(i) or whose educator certificates have been permanently revoked by a panel of the commission pursuant to s.

(5) The Department of Education shall provide authorized staff of school districts, charter schools, the Florida School for the Deaf and the Blind, and private schools that accept scholarshipPage students3 who participate in a state scholarship program under chapter 1002 with access to electronic verification of information27 fromCODING: the following employment screening tools:

(a) The Professional Practices' Database of Disciplinary Actions Against Educators;

and (b) The Department of Education's Teacher Certification Page 5 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 Database;scholarship students who participate in a state scholarship program under chapter 1002 with access to electronic verification of information from the following employment screening tools:

and(a) (c) The DepartmentProfessional Practices' Database of Education'sDisciplinary disqualificationActions list.Against Educators;

Thisand subsection(b) doesThe notDepartment requireof theEducation's departmentTeacher toCertification provideDatabase; these staff with unlimited access to the databases.

(c) The Department of Education's computer database of certain persons whose employment was terminated or who resigned in lieu of termination or during the course of an investigation;

and (d) The Department of Education's disqualification list pursuant to paragraph (4)(b).

91 This subsection does not require the department to provide these staff with unlimited access to the databases.

Section 3.2.

SubsectionParagraph (6) and paragraph (b) of subsection (7) of section 1001.42, Florida Statutes, areis amended to read:

1001.42 Powers and duties of district school board.—The district school board, acting as a board, shall exercise all powersPage and4 performof all27 dutiesCODING: listed below:

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

The policies must require all instructional personnel and school administrators, as defined in s.

1012.01, to complete training on the standards;

establish the duty of instructional personnel and school administrators to report, and procedures for reporting, alleged misconduct by other instructional personnel and school administrators which affects the health, safety, or welfare of a student, including misconduct that involves engaging in or soliciting sexual, Page 6 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 romantic,powers orand lewdperform conductall withduties alisted student;below:

require(7) theDISQUALIFICATION districtFROM schoolEMPLOYMENT.—Disqualify superintendent to report to law enforcement misconduct by instructional personnel orand school administratorsadministrators, that would result in disqualification from educator certification or employment as provideddefined in s.

1012.315 or ineligibility for the issuance or renewal of a certificate as provided in s.

1012.56(10)(b);

and include an explanation of the liability protections provided under ss.

39.203 and 768.095.

A district school board, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or personnel or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a 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 personnel's or administrators' misconduct.

Any part of an agreement or contract that has the purpose or effect of concealing misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced.

(7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify instructional personnel and school administrators, as defined in Page 7 of 37 CODING:

Words stricken are deletions;

words underlined are additions.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 s.

1012.315 orto ineligibility for the issuancelaw orenforcement renewalagencies ofwith ajurisdiction certificateover asthe providedconduct; in s.

1012.56(10)(b) to the law enforcement agencies with jurisdiction over the conduct;

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.student and the reporting of misconduct that meets the definition of child abuse, abandonment, or neglect under s.

Section39.01 4.to the central abuse hotline.

SubsectionSection (12)3. of section 1001.51, Florida Statutes, is amended to read:

1001.51Subsection Duties(12) and responsibilities of districtsection school1001.51, superintendent.—TheFlorida district school superintendent shall exercise all powers and perform all duties listed below and Page 85 of 3727 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, 2019Engrossed elsewhere1 in2019 theStatutes, law,is providedamended that,to inread: so doing, he or she shall advise and counsel with the district school board.

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.

(a) Forms, blanks, and reports.—Require that all employees accuratelyPage keep6 all records and promptly make in proper form all reports required by the education code or by rules of the27 StateCODING: Board of Education;

recommend the keeping of such additional records and the making of such additional reports as may be Page 9 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 deemedaccurately necessarykeep toall providerecords dataand essentialpromptly formake in proper form all reports required by the operationeducation code or by rules of the schoolState system;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;

who knowingly fails to investigatePage any7 allegation of misconduct27 thatCODING: by instructional personnel or school administrators, as defined in s.

1012.01, which affects the health, safety, or welfare of a student, that would be a violation of s.

800.101, or that would be a Page 10 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 disqualifyinginvestigate offenseany underallegation of misconduct that by instructional personnel or school administrators, as defined in s.

1012.315,1012.01, bywhich eitheraffects anthe individualhealth, subjectsafety, toor welfare of a student, that would be a violation of s.

1012.315800.101, or anthat adultwould onbe schoola grounds;disqualifying offense under s.

1012.315;

Section 5.4.

An individual may not be employed as an employee or contract employeepersonnel of a charter schoolschool, or serve as a member of a charter school governing boardboard, if the individual is on the disqualification list maintained by the department pursuant to s.

Before making an offer of employment, the charter school must check the database under Page 8 of 27 CODING:

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 s.

1012.21.

If the prospective employee is in the database, the charter school must document the individual's suitability for employment at the school.

Page3. 11 of 37 CODING:

Words stricken are deletions;

words underlined are additions.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 3.

A charter school, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or personnel or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and mayPage not9 provideof instructional27 personnelCODING: or school administrators with employment references or discuss the personnel's or administrators' performance with prospective employers in another educational setting, without disclosing the personnel's or administrators' misconduct.

Any part of an agreement or contract that has the purpose or effect of concealing misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student is void, is Page 12 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 contrarymay tonot publicprovide policy,instructional andpersonnel mayor notschool beadministrators enforced.with employment references or discuss the personnel's or administrators' performance with prospective employers in another educational setting, without disclosing the personnel's or administrators' misconduct.

Any part of an agreement or contract that has the purpose or effect of concealing misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced.

Section 6.5.

ParagraphsParagraph (c)(o) andof (d)subsection of(1) and subsection (3) of section 1002.421, Florida Statutes, are redesignatedamended as paragraphs (d) and (e), respectively, paragraph (o) of subsection (1) and present paragraph (d) of subsection (3) are amended, and a new paragraph (c) is added to subsection (3) of that section, to read:

1002.421 State school choice scholarship program accountability and oversight.— (1)Page PRIVATE10 SCHOOLof ELIGIBILITY27 ANDCODING: OBLIGATIONS.—A private school participating in an educational scholarship program established pursuant to this chapter must be a private school as defined in s.

1002.01(2) in this state, be registered, and be in Page 13 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 compliance(1) withPRIVATE allSCHOOL requirementsELIGIBILITY ofAND thisOBLIGATIONS.—A sectionprivate school participating in additionan educational scholarship program established pursuant to this chapter must be a private school requirementsas outlineddefined in s.

1002.01(2) in this state, be registered, and be in compliance with all requirements of this section in addition to private school requirements outlined in s.

(o) Before employing an individual instructional personnel or school administrators in any position that requires direct contact with students, conduct employment history checks of each individual's of the personnel's or administrators' previous employers, screen the individual personnel or administrators through use of the educator screening tools described in s.

The private school must deny employment to anany individual whose educator certificate is revoked, who is barred from reapplying for an educator certificate, or who is on the disqualification list maintained by the department pursuant to s.

TheBefore departmentmaking shallan suspendoffer the payment of fundsemployment, tothe a private school thatmust knowinglycheck fails to comply with this subsection, and shall prohibit the schooldatabase fromunder enrollings. new scholarship students, for 1 fiscal year and until the school complies.

If1012.21. a private school fails to meet the requirements of this subsection or has consecutive years of material exceptions listed in the report required under paragraph (q), the commissioner may Page 14 of 37 CODING:

If the prospective employee is in the database, the private school must document the individual's suitability for employment at the Page 11 of 27 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, 2019Engrossed determine1 that2019 theschool. private school is ineligible to participate in a scholarship program.

The department shall suspend the payment of funds to a private school that knowingly fails to comply with this subsection, and shall prohibit the school from enrolling new scholarship students, for 1 fiscal year and until the school complies.

If a private school fails to meet the requirements of this subsection or has consecutive years of material exceptions listed in the report required under paragraph (q), the commissioner may determine that the private school is ineligible to participate in a scholarship program.

(c)(a) MayShall permanentlydeny, denysuspend, or revoke an owner's or operator's authority to establish or operate a private schoolschool's participation in thisa statescholarship program if theit commissioneris decidesdetermined that the ownerprivate orschool operator is operating or has operatedfailed anto educationalcomply institutionwith in this statesection or anotherexhibits state or jurisdiction in a mannerprevious contrarypattern to the health, safety, or welfare of thefailure public and shall include such owner or operator on the disqualification list pursuant to s.comply.

However, if the noncompliance is correctable within a reasonable amount of time, not to exceed 45 days, and if the health, safety, or welfare of the students is not threatened, the commissioner may issue a notice of noncompliance which provides the private school with a timeframe within which to provide evidence of compliance before taking action to suspend or revoke the private school's participation in the scholarship program.

(b) May deny, suspend, or revoke a private school's Page 12 of 27 CODING:

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words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 participation in a scholarship program if the commissioner determines that an owner or operator of the private school is operating or has operated an educational institution in this state or in another state or jurisdiction in a manner contrary to the health, safety, or welfare of the public or if the owner or operator has exhibited a previous pattern of failure to comply with this section or specific requirements identified within respective scholarship program laws.

For purposes of this subsection, the term "owner or operator" has the same meaning as provided in paragraph (1)(p).

(c) May permanently deny or revoke the authority of an owner or operator to establish or operate a private school in this state if the commissioner decides that the owner or operator is operating or has operated an educational institution in this state or another state or jurisdiction in a manner contrary to the health, safety, or welfare of the public, and shall include such individuals on the disqualification list maintained by the department pursuant to s.

(d)1.(c)1.

In making such a determination, may consider factors that include, but are not limited to, acts or omissions by an owner or operator which led to a previous denial, suspension, or revocation of participation in a state or federal education scholarship program;

an owner's or operator's failure to reimburse the department or scholarship-funding organization for scholarship funds improperly received or retained by a Page 13 of 27 CODING:

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 school;

the imposition of a prior criminal sanction related to an owner's or operator's management or operation of an educational institution;

the imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to an owner's or operator's management or operation of an educational institution;

or other types of criminal proceedings in which an owner or operator was found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense involving fraud, deceit, dishonesty, or moral turpitude.

2.

The commissioner's determination is subject to the following:

a.

If the commissioner intends to deny, suspend, or revoke a private school's participation in the scholarship program, the department shall notify the private school of such proposed action in writing by certified mail and regular mail to the private school's address of record with the department.

The notification shall include the reasons for the proposed action and notice of the timelines and procedures set forth in this paragraph.

b.

The private school that is adversely affected by the proposed action shall have 15 days after receipt of the notice of proposed action to file with the department's agency clerk a request for a proceeding pursuant to ss.

120.569 and 120.57.

If Page 14 of 27 CODING:

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words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 the private school is entitled to a hearing under s.

120.57(1), the department shall forward the request to the Division of Administrative Hearings.

c.

Upon receipt of a request referred pursuant to this subparagraph, the director of the Division of Administrative Hearings shall expedite the hearing and assign an administrative law judge who shall commence a hearing within 30 days after the receipt of the formal written request by the division and enter a recommended order within 30 days after the hearing or within 30 days after receipt of the hearing transcript, whichever is later.

Each party shall be allowed 10 days in which to submit written exceptions to the recommended order.

A final order shall be entered by the agency within 30 days after the entry of a recommended order.

The provisions of this sub-subparagraph may be waived upon stipulation by all parties.

1002.22, in incidents of alleged fraudulent activity pursuant to this section, the department's Office of InspectorPage General15 is authorized to release personally identifiable records or reports of students27 toCODING: the following persons or organizations:

Page 15 of 37 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 a.Inspector General is authorized to release personally identifiable records or reports of students to the following persons or organizations:

a.

The commissioner's order suspending payment pursuant to this paragraph may be appealed pursuant to the same procedures and timelines as the notice of proposed action set forth in subparagraph (d)2.(d)2(c)2.

(c)2.Section 6.

Section 7.

1006.061 Child abuse, abandonment, and neglect policy.— Each district school board, charter school, and private school that accepts scholarship students who participate in a state Page 16 of 3727 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 1006.061 Child abuse, abandonment, and neglect policy.— Each district school board, charter school, and private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 shall:

Section 7.

Subsection (2) of section 1012.21, Florida Statutes, is amended to read:

1012.21 Department of Education duties;

K-12 personnel.— (2) COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT Page 17 of 27 CODING:

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 WAS TERMINATED OR WHO RESIGNED IN LIEU OF TERMINATION OR DURING THE COURSE OF AN INVESTIGATION.— (a) The Department of Education shall establish a computer database containing the names of persons identified pursuant to paragraph (b) whose employment is terminated under s.

1012.33(1)(a) or (4)(c), which information shall be available to the district school superintendents and their designees.

(b) Each district school superintendent shall report to the Department of Education the name of any person who meets the following criteria terminated under s.

1012.33(1)(a) or (4)(c) within 10 working days after the date of final action by the district school board on the termination, and the department shall immediately enter the information in the computer records the name of any person:

1.

Terminated under s.

1012.33(1)(a) or (4)(c).

2.

Terminated or who resigned in lieu of termination or during the course of an investigation involving misconduct which affects the health, safety, or welfare of a student, including misconduct that involves engaging in or soliciting sexual, romantic, or lewd conduct with a student under s.

800.101 or misconduct that meets the definition of child abuse, abandonment, or neglect under s.

39.01.

3.

Disqualified from employment pursuant to s.

1001.42(7).

Paragraph (f)(a) of subsection (2)(1) of section 1006.13,1012.22, Florida Statutes, is redesignatedamended as paragraph (g), paragraphs (b) and (d) of subsection (4) are amended, and a new paragraph (f) is added to subsection (2) of that section, to read:

1006.13 Policy of zero tolerance for crime and victimization.— Page 1718 of 3727 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, 2019Engrossed (2)1 Each2019 district1012.22 Public school boardpersonnel; shall adopt a policy of zero tolerance that:

(f)powers Establishesand aduties procedureof bythe whichdistrict studentsschool reportboard.—The todistrict the school principalboard anyshall: act that would be a violation of s.

800.101(1) orDesignate anypositions disqualifyingto offensebe underfilled, s.prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of this chapter:

1012.315,(a) whetherPositions, committedqualifications, byand aappointments.— student1. or an adult.

(4)Before (b)recommending Theany agreementsindividual mustto include the roledistrict of school resourceboard officers,for ifemployment, applicable,the indistrict handling reported incidents, circumstances in which school officialssuperintendent maymust handlecheck incidentsthe withoutdatabase filingunder as. report with a law enforcement agency, and a procedure for ensuring that school personnel properly report appropriate delinquent acts and crimes.

A1012.21. school principal must immediately report to law enforcement any act that would be a violation of s.

800.101If orthe prospective employee is in the database, the district school superintendent must document the individual's suitability for employment at a disqualifyingpublic offenseschool underwithin s.the school district.

1012.315.2.1.

(d) The district school principalboard shall ensureact thatupon allwritten schoolrecommendations personnelsubmitted areby properlythe informeddistrict asschool tosuperintendent theirfor responsibilitiespositions regardingto crimebe reporting,filled, thatfor appropriateminimum delinquentqualifications actsfor andpersonnel crimesfor arethe properlyvarious reported,positions, and thatfor actionsthe takenpersons innominated casesto withfill specialsuch circumstancespositions. are properly taken and documented.

Personnel3.2. who fail to comply with this section shall be subject to a disciplinary action by the Education Practices Commission under s.

1012.795.The district school board may reject for good cause any employee nominated.

Section4.3. 9.

SectionIf 1012.315,the Floridathird Statutes,nomination by the district school superintendent for any position is amendedrejected for good cause, if the district school superintendent fails to submit a nomination for initial employment within a reasonable time as prescribed by Page 1819 of 3727 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, Engrossed 1 2019 the district school board, or if the district school superintendent fails to read:submit a nomination for reemployment within the time prescribed by law, the district school board may proceed on its own motion to fill such position.

1012.3155.4. Screening standards Disqualification from employment.—A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, charter school, or private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 if the person has been convicted of:

The district school board's decision to reject a person's nomination does not give that person a right of action to sue over the rejection and may not be used as a cause of action by the nominated employee.

Section 9.

Section 1012.315, Florida Statutes, is amended to read:

1012.315 Screening standards Disqualification from employment.—A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, charter school, or private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 if the person is on the disqualification list maintained by the department pursuant to s.

1001.10(4)(b), is registered as a sex offender as described in 42 U.S.C.

s.

9858f(c)(1)(c), or has been convicted of:

(b)Page Section20 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such27 sexualCODING: misconduct.

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 (b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

Page(g) 19Section of784.045, 37relating CODING:to aggravated battery.

Words stricken are deletions;

words underlined are additions.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 (g) Section 784.045, relating to aggravated battery.

(m) Section 787.04(3), relating to leading, taking, enticing,Page or21 removing a minor beyond the state limits, or concealing the location of a27 minor,CODING: with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.

794.041, relating to sexual activity with or Pagesolicitation 20 of 37a CODING:child by a person in familial or custodial authority.

Words stricken are deletions;

words underlined are additions.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 solicitation of a child by a person in familial or custodial authority.

(z)Page Section22 812.014(6), relating to coordinating the commission of theft27 inCODING: excess of $3,000.

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 (z) Section 812.014(6), relating to coordinating the commission of theft in excess of $3,000.

(gg) Section 817.563, relating to fraudulent sale of Pagecontrolled 21substances. of 37 CODING:

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words underlined are additions.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 controlled substances.

(nn)Page Section23 827.071,of relating27 toCODING: sexual performance by a child.

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words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 (nn) Section 827.071, relating to sexual performance by a child.

(ss) Section 916.1075, relating to sexual misconduct with Pagecertain 22forensic clients and reporting of 37such CODING:sexual misconduct.

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 certain forensic clients and reporting of such sexual misconduct.

(b)Page Section24 787.025,of relating27 toCODING: luring or enticing a child.

Words stricken are deletions;

words underlined are additions.

hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1, Engrossed 1 2019 (b) Section 787.025, relating to luring or enticing a child.

SubsectionsParagraph (1)(b) andof (2)subsection (1) of section 1012.32,1012.795, PageFlorida 23Statutes, ofis 37amended CODING:to read:

Words stricken are deletions;

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 Florida Statutes, are amended to read:

1012.32 Qualifications of personnel.— (1) An individual may not be employed To be eligible for appointment in any position in any district school system, alternative school that operates under contract with a district school system, lab school, or charter school, unless the individual:

(a) Is at least a person must be of good moral character;

must have attained the age of 18 years of age, if he or she is to be employed in an instructional capacity;

(b) Meets the screening standards of must not be ineligible for such employment under s.

1012.315;

(c) Holds and must, when required by law, hold a certificate or license issued under rules of the State Board of Education or the Department of Children and Families, except when employed pursuant to s.

1012.55 or under the emergency provisions of s.

1012.24.

Previous residence in this state shall not be required in any school of the state as a prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity.

(2)(a) Instructional and noninstructional personnel who are hired or contracted to fill positions that require direct contact with students in any district school system or Page 24 of 37 CODING:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 university lab school must, upon employment or engagement to provide services, undergo background screening as required under s.

1012.465 or s.

1012.56, whichever is applicable.

(b) Instructional and noninstructional personnel who are hired or contracted to fill positions in any charter school and members of the governing board of any charter school, in compliance with s.

1002.33(12)(g), must, upon employment, engagement of services, or appointment, undergo background screening as required under s.

1012.465 or s.

1012.56, whichever is applicable, by filing with the district school board for the school district in which the charter school is located a complete set of fingerprints taken by an authorized law enforcement agency or an employee of the school or school district who is trained to take fingerprints.

(c) Instructional and noninstructional personnel who are hired or contracted to fill positions that require direct contact with students in an alternative school that operates under contract with a district school system must, upon employment or engagement to provide services, undergo background screening as required under s.

1012.465 or s.

1012.56, whichever is applicable, by filing with the district school board for the school district to which the alternative school is under contract a complete set of fingerprints taken by an authorized law enforcement agency or an employee of the school or school district who is trained to take fingerprints.

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 (d) Student teachers and persons participating in a field experience pursuant to s.

1004.04(5) or s.

1004.85 in any district school system, lab school, or charter school must, upon engagement to provide services, undergo background screening as required under s.

1012.56(10) s.

1012.56.

Fingerprints shall be submitted to the Department of Law Enforcement for statewide criminal and juvenile records checks and to the Federal Bureau of Investigation for federal criminal records checks.

A person subject to this subsection who is found ineligible for employment under s.

1012.315, or otherwise found through background screening to have been convicted of any crime involving moral turpitude as defined by rule of the State Board of Education, shall not be employed, engaged to provide services, or serve in any position that requires direct contact with students.

Probationary persons subject to this subsection terminated because of their criminal record have the right to appeal such decisions.

The cost of the background screening and retention may be borne by the district school board, the charter school, the employee, the contractor, or a person subject to this subsection.

A district school board shall reimburse a charter school the cost of background screening if it does not notify the charter school of the eligibility of a governing board member or instructional or noninstructional personnel within the earlier of 14 days after receipt of the background Page 26 of 37 CODING:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 screening results from the Florida Department of Law Enforcement or 30 days of submission of fingerprints by the governing board member or instructional or noninstructional personnel.

Section 11.

Section 1012.321, Florida Statutes, is amended to read:

1012.321 Exceptions for certain individuals instructional personnel from background screening requirements.—An individual holding a valid Florida certificate under s.

1012.56 issued after July 1, 2019, or participating in a field experience pursuant to s.

1004.04(5) or s.

1004.85 shall Instructional personnel who are required to undergo level 2 background screening under s.

393.0655 or s.

402.305 and who meet the level 2 screening standards in s.

435.04 are not required to be rescreened in order to satisfy the screening requirements in s.

1012.32 if the individual instructional personnel:

(1) Submitted his or her fingerprints to the department pursuant to s.

1012.56(10) Have completed the criminal history check within 5 years prior to having direct contact with students;

(2) Is Are rescreened every 5 years and meets meet the level 2 screening standards under s.

1012.56(10);

and (3) Has his or her Have their fingerprints retained by the Department of Law Enforcement.

Section 12.

Subsection (10) of section 1012.56, Florida Statutes, is amended to read:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 1012.56 Educator certification requirements.— (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND PERIODICALLY.— (a) Each person who seeks certification under this chapter must be fingerprinted and screened in accordance with paragraph (b) s.

1012.32 and must not be ineligible for such certification under s.

1012.315.

A person who has been screened in accordance with s.

1012.32 by a district school board or the Department of Education within 12 months before the date the person initially obtains certification under this chapter, the results of which are submitted to the district school board or to the Department of Education, is not required to repeat the screening under this paragraph.

(b) To maintain the safety and well-being of children and the integrity of the system of public education, the department A person may not issue or renew receive a certificate under this chapter to a person who is on the disqualification list pursuant to s.

1001.10(4)(b) or has been arrested for and is waiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent, and the record has not been sealed or expunged, for any offense listed in s.

435.04(2).

The department may grant an exemption from disqualification under this section in accordance with s.

435.07.

A person's disqualification from certification may not be removed from, and Page 28 of 37 CODING:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 an exemption may not be granted to, any applicant, and such a person is disqualified from certification, regardless of any previous exemptions from disqualification, if the person has been registered as a sex offender as described in 42 U.S.C.

s.

9858f(c)(1)(C) or has been arrested for and is awaiting final disposition of, has been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under s.

1012.315(1) or a similar law of another jurisdiction 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 department 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 department district school superintendent of the employing Page 29 of 37 CODING:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 school district.

Upon submission of fingerprints for this purpose, the department 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 department, 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 convicted of any disqualifying offense while he or she is employed in a position for which such certification is required.

(c) If it is found under s.

1012.796 that a person who is employed in a position requiring certification under this chapter has not been screened in accordance with this subsection s.

1012.32, or is ineligible for such certification under s.

1012.315, the person's certification shall be immediately revoked or suspended and he or she shall be immediately suspended from the position requiring certification.

(d) The department is a qualified entity for purposes of s.

943.0542 when fulfilling its duties under this section and shall participate in the clearinghouse created under s.

435.12.

The rescreening schedule of instructional personnel certified under this section, without regard to whether the previous Page 30 of 37 CODING:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 screening was conducted by the department or by an employing school district, shall be:

1.

Persons who serve in more than one county and submit fingerprints for rescreening after July 1, 2019, and persons for whom the last screening was conducted on or before December 31, 2014, by December 31, 2019.

2.

Persons for whom the last screening was conducted between January 1, 2015, through December 31, 2016, by December 31, 2020.

3.

Persons for whom the last screening was conducted between January 1, 2017, through December 31, 2018, by December 31, 2021.

Section 13.

Subsection (10) of section 1012.79, Florida Statutes, is amended to read:

1012.79 Education Practices Commission;

organization.— (10) The commission shall be financed from the following:

certification fees;

fines, penalties, and costs collected pursuant to s.

1012.796(10) s.

1012.796(9);

and general revenue.

Section 14.

Subsection (1) of section 1012.795, Florida Statutes, is amended to read:

1012.01(2) or (3), for up to 5 Pageyears, 31thereby 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 37time, CODING:after which the person may return to teaching as provided in subsection (4);

may revoke the educator certificate of any person, thereby denying that person the right to teach or otherwise be employed by a district school board or Page 25 of 27 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, 2019Engrossed years,1 thereby2019 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 thatup periodto of10 time,years, afterwith whichreinstatement thesubject person may return to teaching as provided in subsection (4);

may revoke the educator certificate of any 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 for up to 10 years, with reinstatement subject to subsection (4);

may place on the disqualification list pursuant to s.

1001.10(4)(b) an employee or contracted personnel of any public school, charter school and its governing board, or private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 if such conduct would otherwise result in the permanent revocation of a certificate;

(a)(b) ObtainedKnowingly orfailed attempted to obtainreport: an educator certificate by fraudulent means.

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 (b) Knowingly failed to report:

AnyA disqualifying offense under s.

1012.315 by aninstructional individualpersonnel subjector toschool administrators which affects the health, safety, or welfare of a student as required in s.

1012.315 or an adult on school grounds by instructional personnel or school administrators which affects the health, safety, or welfare of a student as required in s.

(c)Section Has11. proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school.

(d)Subsection Has(5) been guilty of grosssection immorality1012.796, orFlorida anStatutes, actis involvingamended, moraland turpitudesubsection as(10) definedis byadded ruleto ofthat thesection, Stateto Boardread: of 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 state or has had the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including a denial of certification or licensure, by the licensing or certifying authority of any jurisdiction, including its agencies and subdivisions.

The licensing or certifying authority's acceptance of a relinquishment, stipulation, consent order, or other Page 33 of 37 CODING:

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 settlement offered in response to or in anticipation of the filing of charges against the licensee or certificateholder shall be construed as action against the license or certificate.

For purposes of this section, a sanction or action against a professional license, a certificate, or an authority to practice a regulated profession must relate to being an educator or the fitness of or ability to be an educator.

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

(g) Upon investigation, has been found guilty of personal conduct that seriously reduces that person's effectiveness as an employee of the district school board.

(h) Has breached a contract, as provided in s.

1012.33(2) or s.

1012.335.

(i) Has been the subject of a court order or notice by the Department of Revenue pursuant to s.

409.2598 directing the Education Practices Commission to suspend the certificate as a result of noncompliance with a child support order, a subpoena, an order to show cause, or a written agreement with the Department of Revenue.

(j) Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.

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hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 (k) Has otherwise violated the provisions of law, the penalty for which is the revocation of the educator certificate.

(l) Has violated any order of the Education Practices Commission.

(m) Has been the subject of a court order or plea agreement in any jurisdiction which requires the certificateholder to surrender or otherwise relinquish his or her educator's certificate.

A surrender or relinquishment shall be for permanent revocation of the certificate.

A person may not surrender or otherwise relinquish his or her certificate prior to a finding of probable cause by the commissioner as provided in s.

1012.796.

(n) Has been determined ineligible for the issuance or renewal of a certificate disqualified from educator certification under s.

1012.56(10)(b) s.

1012.315.

(o) Has committed a third recruiting offense as determined by the Florida High School Athletic Association (FHSAA) pursuant to s.

1006.20(2)(b).

Section 15.

Subsections (8) and (9) of section 1012.796, Florida Statutes, are renumbered as subsections (9) and (10), respectively, subsection (5) is amended, and paragraph (g) is added to subsection (1), paragraph (i) is added to subsection (7), and a new subsection (8) is added to that section, to read:

penalties.— (5) When an allegation of misconduct by an individual Page 3526 of 3727 CODING:

hb1127-01-c1hb1127-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 11271, 2019Engrossed (1)1 (g)2019 Thesubject departmentto shalls. immediately investigate any legally sufficient complaint that involves misconduct by an employee or contracted personnel of a public school;

a charter school, including its governing board;

or a private school that accepts scholarship students who participate in a state scholarship program under chapter 1002, that affects the health, safety, or welfare of a student and would otherwise result in the permanent revocation of a certificate, giving the complaint priority over other pending complaints.

(5) When an allegation of misconduct by an individual subject to s.

Page(10) 36An ofindividual 37on CODING:the disqualification list maintained by the department pursuant to s.

Words1001.10(4)(b) strickenmay arenot deletions;serve or apply to serve as an employee or contracted personnel at any public school or private school in this state.

wordsAn underlinedindividual arewho additions.violates this provision commits a felony of the third degree, punishable as provided in s.

hb1127-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1127 2019 (7) A panel of the commission shall enter a final order either dismissing the complaint or imposing one or more of the following penalties:

(i) Place an individual who is not a certificateholder on the disqualification list pursuant to s.

1001.10(4)(b) if the conduct meets the standard for revocation of a certificate.

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.

1006.20(2)(b).

(8) An individual on the disqualification list pursuant to s.

1001.10(4)(b) may not serve or apply to serve as an employee or contracted personnel at any public or private school in the state.

An individual who knowingly violates this subsection commits a felony of the third degree, punishable as provided in s.

Section 16.12.

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