Florida 2020 Regular Session Status: In Committee 1 R cosponsors

HB 883 — Education

Last action — Died on Calendar

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Education; Requiring DOE to maintain a disqualification list of individuals; revises provisions relating to employment & termination of public school & private school employees; revises duties of DOE, Commissioner of Education, & school districts relating to employee conduct & employment & termination of public school & private school employees.

Bill Text

What changed in the latest version

947 added · 949 removed

947 line(s) added, 949 removed.

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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/CS/HB 883 2020 A bill to be entitled An act relating to education;
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 883 2020 A bill to be entitled An act relating to education;
hb0883-02-c2 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/CS/HB 883 2020 under additional circumstances;
hb0883-01-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 883 2020 under additional circumstances;
hb0883-02-c2 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/CS/HB 883 2020 information relating to reporting of certain criminal acts;
hb0883-01-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 883 2020 information relating to reporting of certain criminal acts;
prohibiting the department from issuing a certificate to certain persons;
prohibiting the department from issuing a new certificate to certain persons;
requiring the commissioner to make a determination of probable cause within a specified timeframe for complaints relating to sexual misconduct with a student;
requiring the commissioner to make a determination of probably cause within a specified timeframe for complaints relating to sexual misconduct with a student;
requiring certain individuals to be placed on a disqualification list;
requiring certain individuals to be places on a disqualification list;
hb0883-02-c2 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/CS/HB 883 2020 individuals and take specified action as a results of alleged misconduct;
hb0883-01-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 883 2020 individuals and take specified action as a results of alleged misconduct;
hb0883-02-c2 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/CS/HB 883 2020 s.
hb0883-01-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 883 2020 s.
The identity of each person who is ineligible for educator certification or employment pursuant to s.
The identity of each person who has been disqualified from employment pursuant to s.
hb0883-02-c2 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/CS/HB 883 2020 disqualifying conduct and was included on the disqualification list in error or as a result of mistaken identity;
hb0883-01-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 883 2020 disqualifying conduct and was included on the disqualification list in error or as a result of mistaken identity;
The employer that submitted the person for inclusion on the disqualification list requests that the person be removed and submits documentation to support the request.
The school district that submitted the person for inclusion on the disqualification list requests that the person be removed and submits documentation to support the request.
hb0883-02-c2 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/CS/HB 883 2020 persons instructional personnel and school administrators included in the databases.
hb0883-01-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 883 2020 persons instructional personnel and school administrators included in the databases.
hb0883-02-c2 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/CS/HB 883 2020 by any member of the Cabinet;
hb0883-01-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 883 2020 by any member of the Cabinet;
hb0883-02-c2 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/CS/HB 883 2020 AND SCHOOL OFFICERS.—Adopt policies establishing standards of ethical conduct for educational support employees, instructional personnel, administrative personnel, and school officers.
hb0883-01-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 883 2020 AND SCHOOL OFFICERS.—Adopt policies establishing standards of ethical conduct for educational support employees, instructional personnel, administrative personnel, and school officers.
hb0883-02-c2 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/CS/HB 883 2020 of a student, and may not provide educational support employees, instructional personnel, administrative personnel, or school officers with employment references or discuss the employees', personnel's, or officers' performance with prospective employers in another educational setting, without disclosing the employees', personnel's, or officers' misconduct.
hb0883-01-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 883 2020 of a student, and may not provide educational support employees, instructional personnel, administrative personnel, or school officers with employment references or discuss the employees', personnel's, or officers' performance with prospective employers in another educational setting, without disclosing the employees', personnel's, or officers' misconduct.
If the prohibited conduct occurs while employed, the district school board must report the employees or personnel and the disqualifying circumstances to the department for inclusion on the disqualification list maintained by the department pursuant s.
If the prohibited conduct occurs while employed, report the employees or personnel and the disqualifying circumstances to the department for inclusion on the disqualification list maintained by the department pursuant s.
An elected or appointed school board official forfeits his or her Page 10 of 44 CODING:
An elected or appointed school board official forfeits his or her salary for 1 year if:
Page 10 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 salary for 1 year if:
hb0883-01-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 883 2020 (a) The school board official knowingly signs and transmits to any state official a report of alleged misconduct by educational support employees, instructional personnel, or administrative personnel which affects the health, safety, or welfare of a student and the school board official knows the report to be false or incorrect;
(a) The school board official knowingly signs and transmits to any state official a report of alleged misconduct by educational support employees, instructional personnel, or administrative personnel which affects the health, safety, or welfare of a student and the school board official knows the report to be false or incorrect;
The investigation of all reports of alleged misconduct by educational support employees, instructional personnel, and administrative personnel, if the misconduct affects the health, safety, or welfare of a student, regardless of whether the educational support employees, instructional personnel, or administrative personnel resign or are terminated before the Page 11 of 44 CODING:
The investigation of all reports of alleged misconduct by educational support employees, instructional personnel, and administrative personnel, if the misconduct affects the health, safety, or welfare of a student, regardless of whether the educational support employees, instructional personnel, or administrative personnel resign or are terminated before the conclusion of the investigation.
The policies must require the Page 11 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 conclusion of the investigation.
hb0883-01-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 883 2020 district school superintendent to notify the department of the result of the investigation and whether the misconduct warranted termination, regardless of whether the person resigned or was terminated before the conclusion of the investigation.
The policies must require the district school superintendent to notify the department of the result of the investigation and whether the misconduct warranted termination, regardless of whether the person resigned or was terminated before the conclusion of the investigation.
(12) RECORDS AND REPORTS.—Recommend such records as should Page 12 of 44 CODING:
(12) RECORDS AND REPORTS.—Recommend such records as should be kept in addition to those prescribed by rules of the State Page 12 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 be kept in addition to those prescribed by rules of the State Board of Education;
hb0883-01-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 883 2020 Board of Education;
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 Page 13 of 44 CODING:
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 Page 13 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 budget and the report on finance are due on the date prescribed by the commissioner.
hb0883-01-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 883 2020 by the commissioner.
Members of the governing board of the charter school Page 14 of 44 CODING:
Members of the governing board of the charter school shall also undergo background screening in a manner similar to Page 14 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 shall also undergo background screening in a manner similar to that provided in s.
hb0883-01-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 883 2020 that provided in s.
If the prohibited conduct occurs while employed, a charter school must report the individual and the disqualifying circumstances to the department for inclusion on the disqualification list maintained pursuant to s.
If the prohibited conduct occurs while employed, a charter school must report the person and the disqualifying circumstances to the department for inclusion on the disqualification list maintain pursuant to s.
establish the duty of educational support employees, instructional personnel, and school administrators to Page 15 of 44 CODING:
establish the duty of educational support employees, instructional personnel, and school administrators to report, and procedures for reporting, alleged misconduct that by Page 15 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 report, and procedures for reporting, alleged misconduct that by other instructional personnel and school administrators which affects the health, safety, or welfare of a student;
hb0883-01-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 883 2020 other instructional personnel and school administrators which affects the health, safety, or welfare of a student;
Before employing an individual instructional personnel or school administrators in any position that requires direct contact with students, a charter school shall conduct employment history checks of each individual of the personnel's or Page 16 of 44 CODING:
Before employing an individual instructional personnel or school administrators in any position that requires direct contact with students, a charter school shall conduct employment history checks of each individual of the personnel's or administrators' previous employers, screen the instructional Page 16 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 administrators' previous employers, screen the instructional personnel or school administrators through use of the educator screening tools described in s.
hb0883-01-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 883 2020 personnel or school administrators through use of the educator screening tools described in s.
(n) Adopt policies establishing standards of ethical conduct for educational support employees, instructional Page 17 of 44 CODING:
(n) Adopt policies establishing standards of ethical conduct for educational support employees, instructional personnel, and school administrators.
The policies must require Page 17 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 personnel, and school administrators.
hb0883-01-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 883 2020 all educational support employees, instructional personnel, and school administrators, as defined in s.
The policies must require all educational support employees, instructional personnel, and school administrators, as defined in s.
Any part of an agreement or contract that has the purpose or effect of concealing misconduct by educational support employees, instructional personnel, or school administrators which affects Page 18 of 44 CODING:
Any part of an agreement or contract that has the purpose or effect of concealing misconduct by educational support employees, instructional personnel, or school administrators which affects the health, safety, or welfare of a student is void, is contrary Page 18 of 44 CODING:
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hb0883-02-c2 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/CS/HB 883 2020 the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced.
hb0883-01-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 883 2020 to public policy, and may not be enforced.
If the prohibited conduct occurs subsequent to employment, the private school must report the person and the disqualifying circumstances to the department for inclusion on the disqualification list maintained pursuant to s.
If the prohibited conduct occurs subsequent to employment, report the person and the disqualifying circumstances to the department for inclusion on the disqualification list maintained pursuant to s.
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The department shall suspend the payment of funds to a private Page 19 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 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.
hb0883-01-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 883 2020 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.
(b) May deny, suspend, or revoke a private school's participation in a scholarship program if the commissioner Page 20 of 44 CODING:
(b) May deny, suspend, or revoke a private school's 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 Page 20 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 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.
hb0883-01-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 883 2020 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.
the imposition of a prior criminal sanction related to Page 21 of 44 CODING:
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 Page 21 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 an owner's or operator's management or operation of an educational institution;
hb0883-01-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 883 2020 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;
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;
120.57(1), Page 22 of 44 CODING:
120.57(1), the department shall forward the request to the Division of Administrative Hearings.
Page 22 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 the department shall forward the request to the Division of Administrative Hearings.
hb0883-01-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 883 2020 c.
c.
1002.22, in incidents of alleged fraudulent activity pursuant to this section, the department's Office of Inspector General is authorized to release personally Page 23 of 44 CODING:
1002.22, in incidents of alleged fraudulent activity pursuant to this section, the department's Office of Inspector General is authorized to release personally identifiable records or reports of students to the following persons or organizations:
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hb0883-02-c2 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/CS/HB 883 2020 identifiable records or reports of students to the following persons or organizations:
hb0883-01-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 883 2020 a.
a.
1006.061 Child abuse, abandonment, and neglect policy.— Page 24 of 44 CODING:
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 24 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 Each district school board, charter school, and private school that accepts scholarship students who participate in a state scholarship program under chapter 1002 shall:
hb0883-01-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 883 2020 scholarship program under chapter 1002 shall:
Directions for accessing the Department of Education's Page 25 of 44 CODING:
Directions for accessing the Department of Education's website for more information on reporting acts that violate s.
800.101.
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hb0883-02-c2 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/CS/HB 883 2020 website for more information on reporting acts that violate s.
hb0883-01-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 883 2020 The Department of Education shall develop, and publish on the department's Internet website, sample notices suitable for posting in accordance with subsections (1), (2), and (4).
800.101.
The Department of Education shall develop, and publish on the department's Internet website, sample notices suitable for posting in accordance with subsections (1), (2), and (4).
Paragraph (a) of subsection (2) of section Page 26 of 44 CODING:
Paragraph (a) of subsection (2) of section 1012.31, Florida Statutes, is amended to read:
1012.31 Personnel files.—Public school system employee Page 26 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 1012.31, Florida Statutes, is amended to read:
hb0883-01-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 883 2020 personnel files shall be maintained according to the following provisions:
1012.31 Personnel files.—Public school system employee personnel files shall be maintained according to the following provisions:
1012.315 Screening standards Disqualification from Page 27 of 44 CODING:
1012.315 Screening standards Disqualification from employment.—A person is ineligible for educator certification or employment in any position that requires direct contact with Page 27 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 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 a private school that participates 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.
hb0883-01-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 883 2020 students in a district school system, charter school, or a private school that participates 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.
(f) Section 784.021, relating to aggravated assault.
(g) Section 784.045, relating to aggravated battery.
hb0883-02-c2 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/CS/HB 883 2020 (f) Section 784.021, relating to aggravated assault.
hb0883-01-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 883 2020 (h) Section 784.075, relating to battery on a detention or commitment facility staff member or a juvenile probation officer.
(g) Section 784.045, relating to aggravated battery.
(h) Section 784.075, relating to battery on a detention or commitment facility staff member or a juvenile probation officer.
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(q) Former s.
794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial Page 29 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 (q) Former s.
hb0883-01-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 883 2020 authority.
794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial authority.
(gg) Section 817.563, relating to fraudulent sale of controlled substances.
hb0883-02-c2 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/CS/HB 883 2020 (gg) Section 817.563, relating to fraudulent sale of controlled substances.
hb0883-01-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 883 2020 (hh) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(hh) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
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(ss) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual Page 31 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 (ss) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
hb0883-01-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 883 2020 misconduct.
Section 11.
Subsection (1) of section 1012.795, Florida Statutes, is amended to read:
hb0883-02-c2 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/CS/HB 883 2020 Section 11.
hb0883-01-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 883 2020 1012.795 Education Practices Commission;
Subsection (1) of section 1012.795, Florida Statutes, is amended to read:
1012.795 Education Practices Commission;
may direct the department to place a certificateholder employed by any public school, charter school, charter school governing board, or private school that Page 33 of 44 CODING:
may direct the department to place a certificateholder employed by any public school, charter school, charter school governing board, or private school that participates in a state scholarship program under chapter 1002 on the disqualification list maintained by the department Page 33 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 participates in a state scholarship program under chapter 1002 on the disqualification list maintained by the department pursuant to s.
hb0883-01-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 883 2020 pursuant to s.
(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 Page 34 of 44 CODING:
(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 Page 34 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 authority of any jurisdiction, including its agencies and subdivisions.
hb0883-01-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 883 2020 of a relinquishment, stipulation, consent order, or other 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.
The licensing or certifying authority's acceptance of a relinquishment, stipulation, consent order, or other 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.
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(j) Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Page 35 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 (j) Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.
hb0883-01-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 883 2020 Education rules.
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1012.796 Complaints against teachers and administrators;
procedure;
penalties.— Page 36 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 1012.796 Complaints against teachers and administrators;
hb0883-01-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 883 2020 (1)(a) The Department of Education shall cause to be investigated expeditiously any complaint filed before it or otherwise called to its attention which, if legally sufficient, contains grounds for the revocation or suspension of a certificate or any other appropriate penalty as set forth in subsection (7).
procedure;
penalties.— (1)(a) The Department of Education shall cause to be investigated expeditiously any complaint filed before it or otherwise called to its attention which, if legally sufficient, contains grounds for the revocation or suspension of a certificate or any other appropriate penalty as set forth in subsection (7).
The department may investigate or continue to investigate and take action on a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate and may not issue a certificate to such a person unless an investigation has been completed.
The department may investigate or continue to investigate and take action on a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate and may not issue a new certificate to such a person unless an investigation has been completed.
(b) The department shall immediately investigate any legally sufficient complaint that involves misconduct by any certificated personnel which affects the health, safety, or welfare of a student, giving the complaint priority over other Page 37 of 44 CODING:
(b) The department shall immediately investigate any legally sufficient complaint that involves misconduct by any certificated personnel which affects the health, safety, or welfare of a student, giving the complaint priority over other pending complaints.
The department must investigate or continue to investigate and take action on such a complaint filed against Page 37 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 pending complaints.
hb0883-01-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 883 2020 a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate.
The department must investigate or continue to investigate and take action on such a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate.
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 Page 38 of 44 CODING:
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 Page 38 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 resigns or is terminated before the conclusion of the school district's investigation.
hb0883-01-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 883 2020 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.
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.
requirements for the reassignment of instructional personnel and or school administrators pending the outcome of a misconduct Page 39 of 44 CODING:
requirements for the reassignment of instructional personnel and or school administrators pending the outcome of a misconduct investigation;
Words stricken are deletions;
words underlined are additions.
hb0883-02-c2 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/CS/HB 883 2020 investigation;
The district school board policies and procedures must 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 board policies and Page 39 of 44 CODING:
Words stricken are deletions;
words underlined are additions.
hb0883-01-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 883 2020 procedures must 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.
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 Page 40 of 44 CODING:
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 Page 40 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 to the department in the format prescribed by the department.
hb0883-01-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 883 2020 public record in the instructional personnel's or school administrators' certification files.
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 Page 41 of 44 CODING:
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 Page 41 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 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.
hb0883-01-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 883 2020 failure to file, complaints and followup reports.
1012.01, is received, if the alleged misconduct affects the health, safety, or welfare of a student, the district school superintendent in consultation with the school principal, or upon the request of the Commissioner of Education, must, at a minimum, immediately suspend the instructional personnel or school administrators from regularly assigned duties, with pay, and remove reassign the suspended personnel or administrators from to positions that Page 42 of 44 CODING:
1012.01, is received, if the alleged misconduct affects the health, safety, or welfare of a student, the district school superintendent in consultation with the school principal, or upon the request of the Commissioner of Education, must, at a minimum, immediately suspend the instructional personnel or school administrators from regularly assigned duties, with pay, and remove reassign the suspended personnel or administrators to positions that may do not require direct contact with students in the district school system.
Such suspension shall continue until submission Page 42 of 44 CODING:
hb0883-02-c2 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/CS/HB 883 2020 may do not require direct contact with students in the district school system.
hb0883-01-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 883 2020 of a legally sufficient complaint.
Such suspension shall continue until submission of a legally sufficient complaint.
A person who knowingly violates this provision commits a felony of the third degree, punishable as provided in s.
775.082 or s.
hb0883-02-c2 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/CS/HB 883 2020 A person who knowingly violates this provision commits a felony of the third degree, punishable as provided in s.
hb0883-01-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 883 2020 775.083.
775.082 or s.
775.083.
hb0883-02-c2
hb0883-01-c1
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Action History

  1. Died on Calendar

  2. Indefinitely postponed and withdrawn from consideration

  3. CS/CS by Education Committee read 1st time

  4. Placed on Calendar

  5. Pending review of CS -under Rule 7.18(c)

  6. CS/CS by- Education Committee; YEAS 14 NAYS 0

  7. On Committee agenda-- Education Committee, 02/12/20, 10:00 am, Reed Hall

  8. Now in Education Committee

  9. Favorable by PreK-12 Appropriations Subcommittee; YEAS 11 NAYS 0

  10. On Committee agenda-- PreK-12 Appropriations Subcommittee, 02/04/20, 3:30 pm, Reed Hall

  11. Now in PreK-12 Appropriations Subcommittee

  12. CS by PreK-12 Innovation Subcommittee read 1st time

  13. Pending review of CS under Rule 7.18(c)

  14. CS by PreK-12 Innovation Subcommittee; YEAS 17 NAYS 0

  15. PCS on Committee agenda-- PreK-12 Innovation Subcommittee, 01/21/20, 3:00 pm, Reed Hall

  16. Introduced

  17. Referred to PreK-12 Innovation Subcommittee; PreK-12 Appropriations Subcommittee; Education Committee

  18. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Education Committee)

Passed 14 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democrat 1001
Republican 3002
Total 14004
% of votes cast 78%0%0%22%
How each member voted (18)
Member Party Vote
Aloupis — Yea
Altman — Not Voting
Bush — Yea
Byrd — Yea
Donalds — Yea
Fetterhoff — Yea
Fine — Yea
Latvala — Yea
Mariano — Yea
Sullivan — Yea
Williams — Yea
Antone, Bruce Hadley Democrat Not Voting
Daniels, Kimberly Democrat Yea
Johnson, Chad Republican Yea
Massullo, Ralph E., Jr. Republican Not Voting
Perez, Daniel Republican Yea
Trumbull, Jay Republican Not Voting
Valdés, Susan L. Republican Yea

Official roll call →

Favorable (PreK-12 Appropriations Subcommittee)

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democrat 1000
Republican 3000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Aloupis — Yea
Hage — Yea
Killebrew — Yea
Latvala — Yea
Tomkow — Yea
Williams — Yea
Zika — Yea
Davis, Tracie Democrat Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Favorable (PreK-12 Innovation Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 6000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Aloupis — Yea
Bell — Yea
Fischer — Not Voting
Goff-Marcil — Yea
Grieco — Yea
Hage — Yea
Hill — Yea
Killebrew — Yea
Latvala — Yea
Santiago — Yea
Webb — Yea
Thompson, Geraldine F. "Geri" — Yea
Brannan III, Robert Charles "Chuck" Republican Yea
DiCeglie, Nick Republican Yea
Johnson, Chad Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does HB 883 do?
Education; Requiring DOE to maintain a disqualification list of individuals; revises provisions relating to employment & termination of public school & private school employees; revises duties of DOE, Commissioner of Education, & school districts relating to employee conduct & employment & termination of public school & private school employees.
Who sponsors HB 883?
HB 883 is sponsored by Duggan, Wyman (Republican).
What is the current status of HB 883?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 883?
Track HB 883 free on One Click Politics — get push/email alerts when it moves.

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