Bill Text: FL S0970 | 2015 | Regular Session | Introduced
Bill Title: Background Screening
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Education Pre-K - 12 [S0970 Detail]
Download: Florida-2015-S0970-Introduced.html
Florida Senate - 2015 SB 970
By Senator Stargel
15-00963-15 2015970__
1 A bill to be entitled
2 An act relating to background screening; amending s.
3 1002.45, F.S.; revising the requirement relating to
4 background screening of instructional personnel in
5 virtual instruction programs; amending s. 1012.315,
6 F.S.; providing additional offenses that determine
7 ineligibility for educator certification or employment
8 in a position that requires direct contact with
9 students; amending s. 1012.32, F.S.; revising
10 requirements for the retention, search, and reporting
11 of fingerprints of school personnel; providing for
12 Department of Law Enforcement participation in the
13 national retained print arrest notification program;
14 providing for fees; amending s. 1012.465, F.S.;
15 providing background screening requirements for
16 certain school district employees, contractual
17 personnel, and instructional personnel in virtual
18 instruction programs; requiring a fingerprint-based
19 criminal history background screening; providing
20 requirements for submission, retention, search, and
21 reporting of fingerprints; providing for fees;
22 amending s. 1012.467, F.S.; requiring the fingerprints
23 of certain noninstructional contractors to be enrolled
24 in the national retained print arrest notification
25 program; requiring arrest fingerprints to be searched
26 against state and federal retained fingerprints;
27 providing for fees to be established by rule; revising
28 provisions relating to sharing criminal history
29 information; amending s. 1012.56, F.S.; revising
30 provisions relating to background rescreening for
31 educator certification; amending s. 1012.796;
32 authorizing complaints to be filed against persons
33 employed by virtual instruction providers; amending s.
34 1012.797, F.S.; revising provisions relating to
35 notification to education providers of charges against
36 school district employees; reenacting ss. 1001.42(7),
37 1002.33(12)(g), 1002.36(7)(g), 1002.421(4)(a),
38 1012.32(1) and (2), 1012.56(10)(a) and (c), and
39 1012.795(1)(n), F.S., relating to district school
40 board powers and duties, charter schools, the Florida
41 School for the Deaf and the Blind, the accountability
42 of private schools participating in state school
43 choice scholarship programs, qualifications of
44 personnel, educator certification requirements, and
45 Education Practices Commission authority to
46 discipline, respectively, to incorporate the amendment
47 made to s. 1012.315, F.S., in references thereto;
48 providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Paragraph (a) of subsection (2) of section
53 1002.45, Florida Statutes, is amended to read:
54 1002.45 Virtual instruction programs.—
55 (2) PROVIDER QUALIFICATIONS.—
56 (a) The department shall annually publish online a list of
57 providers approved to offer virtual instruction programs. To be
58 approved by the department, a provider must document that it:
59 1. Is nonsectarian in its programs, admission policies,
60 employment practices, and operations.;
61 2. Complies with the antidiscrimination provisions of s.
62 1000.05.;
63 3. Locates an administrative office or offices in this
64 state.,
65 4. Requires its administrative staff to be state
66 residents.,
67 5. Requires all instructional staff to hold a valid Florida
68 educator certificate be Florida-certified teachers under chapter
69 1012.
70 6. Has submitted a signed affidavit under penalty of
71 perjury stating that all instructional personnel employed by the
72 provider hold a valid Florida educator certificate in good
73 standing and have undergone and conducts background screening
74 screenings for all employees or contracted personnel, as
75 required by s. 1012.465 1012.32, using state and national
76 criminal history records.;
77 7.4. Provides to parents and students specific information
78 posted and accessible online that includes, but is not limited
79 to, the following teacher-parent and teacher-student contact
80 information for each course:
81 a. How to contact the instructor via phone, e-mail, or
82 online messaging tools.
83 b. How to contact technical support via phone, e-mail, or
84 online messaging tools.
85 c. How to contact the administration office via phone, e
86 mail, or online messaging tools.
87 d. Any requirement for regular contact with the instructor
88 for the course and clear expectations for meeting the
89 requirement.
90 e. The requirement that the instructor in each course must,
91 at a minimum, conduct one contact via phone with the parent and
92 the student each month.;
93 8.5. Possesses prior, successful experience offering online
94 courses to elementary, middle, or high school students as
95 demonstrated by quantified student learning gains in each
96 subject area and grade level provided for consideration as an
97 instructional program option. However, for a provider without
98 sufficient prior, successful experience offering online courses,
99 the department may conditionally approve the provider to offer
100 courses measured pursuant to subparagraph (8)(a)2. Conditional
101 approval shall be valid for 1 school year only and, based on the
102 provider’s experience in offering the courses, the department
103 shall determine whether to grant approval to offer a virtual
104 instruction program.;
105 9.6. Is accredited by a regional accrediting association as
106 defined by State Board of Education rule.;
107 10.7. Ensures instructional and curricular quality through
108 a detailed curriculum and student performance accountability
109 plan that addresses every subject and grade level it intends to
110 provide through contract with the school district, including:
111 a. Courses and programs that meet the standards of the
112 International Association for K-12 Online Learning and the
113 Southern Regional Education Board.
114 b. Instructional content and services that align with, and
115 measure student attainment of, student proficiency in the Next
116 Generation Sunshine State Standards.
117 c. Mechanisms that determine and ensure that a student has
118 satisfied requirements for grade level promotion and high school
119 graduation with a standard diploma, as appropriate.;
120 11.8. Publishes for the general public, in accordance with
121 disclosure requirements adopted in rule by the State Board of
122 Education, as part of its application as a provider and in all
123 contracts negotiated pursuant to this section:
124 a. Information and data about the curriculum of each full
125 time and part-time program.
126 b. School policies and procedures.
127 c. Certification status and physical location of all
128 administrative and instructional personnel.
129 d. Hours and times of availability of instructional
130 personnel.
131 e. Student-teacher ratios.
132 f. Student completion and promotion rates.
133 g. Student, educator, and school performance accountability
134 outcomes.;
135 12.9. If the provider is a Florida College System
136 institution, employs instructors who meet the certification
137 requirements for instructional staff under chapter 1012.; and
138 13.10. Performs an annual financial audit of its accounts
139 and records conducted by an independent certified public
140 accountant which is in accordance with rules adopted by the
141 Auditor General, is conducted in compliance with generally
142 accepted auditing standards, and includes a report on financial
143 statements presented in accordance with generally accepted
144 accounting principles.
145 Section 2. Section 1012.315, Florida Statutes, is amended
146 to read:
147 1012.315 Disqualification from employment.—A person is
148 ineligible for educator certification, and instructional
149 personnel and school administrators, as defined in s. 1012.01,
150 are ineligible for employment in any position that requires
151 direct contact with students in a district school system,
152 charter school, or private school that accepts scholarship
153 students under s. 1002.39 or s. 1002.395, if the person,
154 instructional personnel, or school administrator has been
155 convicted of:
156 (1) Any felony offense prohibited under any of the
157 following statutes:
158 (a) Section 39.205, relating to failure to report child
159 abuse, abandonment, or neglect.
160 (b)(a) Section 393.135, relating to sexual misconduct with
161 certain developmentally disabled clients and reporting of such
162 sexual misconduct.
163 (c)(b) Section 394.4593, relating to sexual misconduct with
164 certain mental health patients and reporting of such sexual
165 misconduct.
166 (d)(c) Section 415.111, relating to adult abuse, neglect,
167 or exploitation of aged persons or disabled adults.
168 (e) Section 775.085, relating to evidencing prejudice while
169 committing offense, if reclassified as a felony.
170 (f)(d) Section 782.04, relating to murder.
171 (g) Section 782.051, relating to attempted felony murder.
172 (h)(e) Section 782.07, relating to manslaughter, aggravated
173 manslaughter of an elderly person or disabled adult, aggravated
174 manslaughter of a child, or aggravated manslaughter of an
175 officer, a firefighter, an emergency medical technician, or a
176 paramedic.
177 (i) Section 782.09(1), relating to killing of unborn child
178 by injury to mother.
179 (j)(f) Section 784.021, relating to aggravated assault.
180 (k)(g) Section 784.045, relating to aggravated battery.
181 (l)(h) Section 784.075, relating to battery on a detention
182 or commitment facility staff member or a juvenile probation
183 officer.
184 (m)(i) Section 787.01, relating to kidnapping.
185 (n)(j) Section 787.02, relating to false imprisonment.
186 (o)(k) Section 787.025, relating to luring or enticing a
187 child.
188 (p)(l) Section 787.04(2), relating to leading, taking,
189 enticing, or removing a minor beyond the state limits, or
190 concealing the location of a minor, with criminal intent pending
191 custody proceedings.
192 (q)(m) Section 787.04(3), relating to leading, taking,
193 enticing, or removing a minor beyond the state limits, or
194 concealing the location of a minor, with criminal intent pending
195 dependency proceedings or proceedings concerning alleged abuse
196 or neglect of a minor.
197 (r) Section 787.06, relating to human trafficking.
198 (s)(n) Section 790.115(1), relating to exhibiting firearms
199 or weapons at a school-sponsored event, on school property, or
200 within 1,000 feet of a school.
201 (t)(o) Section 790.115(2)(b), relating to possessing an
202 electric weapon or device, destructive device, or other weapon
203 at a school-sponsored event or on school property.
204 (u) Section 790.166, relating to weapons of mass
205 destruction or hoax weapons of mass destruction.
206 (v)(p) Section 794.011, relating to sexual battery.
207 (w)(q) Former s. 794.041, relating to sexual activity with
208 or solicitation of a child by a person in familial or custodial
209 authority.
210 (x)(r) Section 794.05, relating to unlawful sexual activity
211 with certain minors.
212 (y)(s) Section 794.08, relating to female genital
213 mutilation.
214 (z)(t) Chapter 796, relating to prostitution.
215 (aa)(u) Chapter 800, relating to lewdness and indecent
216 exposure.
217 (bb)(v) Section 806.01, relating to arson.
218 (cc)(w) Section 810.14, relating to voyeurism.
219 (dd)(x) Section 810.145, relating to video voyeurism.
220 (ee)(y) Section 812.014(6), relating to coordinating the
221 commission of theft in excess of $3,000.
222 (ff)(z) Section 812.0145, relating to theft from persons 65
223 years of age or older.
224 (gg)(aa) Section 812.019, relating to dealing in stolen
225 property.
226 (hh)(bb) Section 812.13, relating to robbery.
227 (ii)(cc) Section 812.131, relating to robbery by sudden
228 snatching.
229 (jj)(dd) Section 812.133, relating to carjacking.
230 (kk)(ee) Section 812.135, relating to home-invasion
231 robbery.
232 (ll)(ff) Section 817.563, relating to fraudulent sale of
233 controlled substances.
234 (mm)(gg) Section 825.102, relating to abuse, aggravated
235 abuse, or neglect of an elderly person or disabled adult.
236 (nn)(hh) Section 825.103, relating to exploitation of an
237 elderly person or disabled adult.
238 (oo)(ii) Section 825.1025, relating to lewd or lascivious
239 offenses committed upon or in the presence of an elderly person
240 or disabled person.
241 (pp)(jj) Section 826.04, relating to incest.
242 (qq)(kk) Section 827.03, relating to child abuse,
243 aggravated child abuse, or neglect of a child.
244 (rr)(ll) Section 827.04, relating to contributing to the
245 delinquency or dependency of a child.
246 (ss)(mm) Section 827.071, relating to sexual performance by
247 a child.
248 (tt) Section 838.015, relating to bribery.
249 (uu)(nn) Section 843.01, relating to resisting arrest with
250 violence.
251 (vv)(oo) Chapter 847, relating to obscenity.
252 (ww) Section 859.01, relating to poisoning food or water.
253 (xx)(pp) Section 874.05, relating to causing, encouraging,
254 soliciting, or recruiting another to join a criminal street
255 gang.
256 (yy) Section 876.32, relating to treason.
257 (zz)(qq) Chapter 893, relating to drug abuse prevention and
258 control, if the offense was a felony of the second degree or
259 greater severity.
260 (aaa)(rr) Section 916.1075, relating to sexual misconduct
261 with certain forensic clients and reporting of such sexual
262 misconduct.
263 (bbb)(ss) Section 944.47, relating to introduction,
264 removal, or possession of contraband at a correctional facility.
265 (ccc)(tt) Section 985.701, relating to sexual misconduct in
266 juvenile justice programs.
267 (ddd)(uu) Section 985.711, relating to introduction,
268 removal, or possession of contraband at a juvenile detention
269 facility or commitment program.
270 (2) Any misdemeanor offense prohibited under any of the
271 following statutes:
272 (a) Section 784.03, relating to battery, if the victim of
273 the offense was a minor.
274 (b) Section 787.025, relating to luring or enticing a
275 child.
276 (3) Any criminal act committed in another state or under
277 federal law which, if committed in this state, constitutes an
278 offense prohibited under any statute listed in subsection (1) or
279 subsection (2).
280 (4) Any delinquent act committed in this state or any
281 delinquent or criminal act committed in another state or under
282 federal law which, if committed in this state, qualifies an
283 individual for inclusion on the Registered Juvenile Sex Offender
284 List under s. 943.0435(1)(a)1.d.
285 Section 3. Subsection (3) of section 1012.32, Florida
286 Statutes, is amended to read:
287 1012.32 Qualifications of personnel.—
288 (3)(a) All fingerprints submitted to The Department of Law
289 Enforcement as required by subsection (2) shall retain the
290 fingerprints submitted for a criminal history background
291 screening pursuant to subsection (2) and s. 1012.465, enter the
292 fingerprints be retained by the Department of Law Enforcement in
293 a manner provided by rule and entered in the statewide automated
294 biometric identification system authorized by s. 943.05(2)(b),
295 and enroll the fingerprints in the national retained print
296 arrest notification program when the national program becomes
297 operational and the Department of Law Enforcement begins
298 participation in the program. The fingerprints of individuals
299 that were retained by the Department of Law Enforcement before
300 its participation in the national program must be enrolled in
301 the program within 2 years after the Department of Law
302 Enforcement begins participation in the program. Such
303 fingerprints shall thereafter be available for arrest
304 notifications required by paragraph (b) and all purposes and
305 uses authorized for arrest fingerprints entered in the statewide
306 automated biometric identification system pursuant to s.
307 943.051.
308 (b) The Department of Law Enforcement shall search all
309 arrest fingerprints received under s. 943.051 against the
310 fingerprints retained in the statewide automated biometric
311 identification system under paragraph (a) and report. any arrest
312 record that is identified by the Department of Law Enforcement
313 or the Federal Bureau of Investigation with the retained
314 fingerprints of a person subject to the background screening
315 under this section shall be reported to the employing or
316 contracting school district or the school district with which
317 the person is affiliated. Each school district is required to
318 participate in this search process by payment of fees an annual
319 fee to the Department of Law Enforcement and by informing the
320 Department of Law Enforcement of any change in the affiliation,
321 employment, or contractual status or place of affiliation,
322 employment, or contracting of its instructional and
323 noninstructional personnel whose fingerprints are retained under
324 paragraph (a). The Department of Law Enforcement shall adopt a
325 rule that establishes setting the amount of the annual fee to be
326 imposed upon each school district must pay to the Department of
327 Law Enforcement and identifies the federal subscription fee
328 collected and remitted by the Department of Law Enforcement for
329 participation in the national retained print arrest notification
330 program, as applicable, for performing these searches under this
331 paragraph and that establishes establishing the procedures for
332 the retention of instructional and noninstructional personnel
333 fingerprints retained under paragraph (a) and the dissemination
334 of search results. The fee may be borne by the district school
335 board, the contractor, or the person fingerprinted.
336 (c) Personnel whose fingerprints are not retained by the
337 Department of Law Enforcement under paragraph paragraphs (a) and
338 (b) must be refingerprinted and rescreened in accordance with
339 subsection (2) upon reemployment or reengagement to provide
340 services in order to comply with the requirements of this
341 subsection.
342 Section 4. Section 1012.465, Florida Statutes, is amended
343 to read:
344 1012.465 Background screening Requirements for certain
345 noninstructional school district employees, contractual
346 personnel, and instructional personnel and contractors.—
347 (1) The following individuals Except as provided in s.
348 1012.467 or s. 1012.468, noninstructional school district
349 employees or contractual personnel who are permitted access on
350 school grounds when students are present, who have direct
351 contact with students or who have access to or control of school
352 funds must meet the level 2 screening requirements of this
353 section: as described in s. 1012.32. Contractual personnel shall
354 include any vendor, individual, or entity under contract with a
355 school or the school board.
356 (a) Noninstructional school district employees who have
357 direct contact with students or who have access to or control of
358 school funds.
359 (b) Contractual personnel, including individuals under
360 contract with a school or the district school board who provide
361 instructional, rehabilitative, medical, or psychological
362 services, or other services relating to the education, care,
363 custody, or safety of students, that involve direct contact with
364 students.
365 (c) Contractual personnel who have access to or control of
366 school funds.
367 (d) Instructional personnel who are hired or contracted to
368 provide virtual instruction pursuant to s. 1002.45.
369 (2) An individual described in subsection (1) must be of
370 good moral character, must not be ineligible under s. 1012.315,
371 and must, when required by law, hold a certificate or license
372 issued under rules of the State Board of Education or the
373 Department of Children and Families, except when employed
374 pursuant to s. 1012.55 or under the emergency provisions of s.
375 1012.24. Previous residence in this state shall not be required
376 as a prerequisite for a person holding a valid Florida
377 certificate or license to serve in an instructional capacity.
378 (3) A fingerprint-based criminal history background
379 screening shall be performed on each individual described in
380 subsection (1) at least once every 5 years. For the initial
381 criminal history background screening, the individual shall
382 electronically submit to the Department of Law Enforcement for a
383 state criminal history check a complete set of fingerprints
384 taken by an authorized law enforcement agency, an employee
385 trained to take fingerprints for any school district or public
386 school, or a private company authorized to take fingerprints
387 under s. 943.053(13). The Department of Law Enforcement shall
388 submit the fingerprints to the Federal Bureau of Investigation
389 for a national criminal history check. The Department of Law
390 Enforcement shall report the results of each criminal history
391 check to the school district in which the individual seeks
392 access and enter the results into the system described in s.
393 1012.467(7).
394 (4) The Department of Law Enforcement shall retain the
395 fingerprints submitted for a criminal history background
396 screening, enter the fingerprints in the statewide automated
397 biometric identification system authorized by s. 943.05(2)(b),
398 and enroll the fingerprints in the national retained print
399 arrest notification program in accordance with s. 1012.32(3).
400 (5) The Department of Law Enforcement shall search arrest
401 fingerprints against the fingerprints retained under subsection
402 (4) and report any arrest record identified by the Department of
403 Law Enforcement or the Federal Bureau of Investigation to each
404 school district in which the person seeks access. Participation
405 in the search process is subject to payment of fees pursuant to
406 s. 1012.32(3). The fees may be borne by the district school
407 board, the contractor, or the person fingerprinted. A fee that
408 is charged by a school district may not exceed 30 percent of the
409 total amount charged by the Department of Law Enforcement and
410 the Federal Bureau of Investigation.
411 (6) An individual subject to this section shall inform a
412 school district if a criminal history background screening was
413 completed in another school district within the past 5 years.
414 The school district shall verify the results of the individual’s
415 criminal history background screening using the system described
416 in s. 1012.467(7). The school district may not charge a fee for
417 verifying the results of the criminal history background
418 screening.
419 (2) Every 5 years following employment or entry into a
420 contract in a capacity described in subsection (1), each person
421 who is so employed or under contract with the school district
422 must meet level 2 screening requirements as described in s.
423 1012.32, at which time the school district shall request the
424 Department of Law Enforcement to forward the fingerprints to the
425 Federal Bureau of Investigation for the level 2 screening. If,
426 for any reason following employment or entry into a contract in
427 a capacity described in subsection (1), the fingerprints of a
428 person who is so employed or under contract with the school
429 district are not retained by the Department of Law Enforcement
430 under s. 1012.32(3)(a) and (b), the person must file a complete
431 set of fingerprints with the district school superintendent of
432 the employing or contracting school district. Upon submission of
433 fingerprints for this purpose, the school district shall request
434 the Department of Law Enforcement to forward the fingerprints to
435 the Federal Bureau of Investigation for the level 2 screening,
436 and the fingerprints shall be retained by the Department of Law
437 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
438 state and federal criminal history check required by level 2
439 screening may be borne by the district school board, the
440 contractor, or the person fingerprinted. Under penalty of
441 perjury, each person who is employed or under contract in a
442 capacity described in subsection (1) must agree to inform his or
443 her employer or the party with whom he or she is under contract
444 within 48 hours if convicted of any disqualifying offense while
445 he or she is employed or under contract in that capacity.
446 (7)(3) If it is found that a person who is employed or
447 under contract in a capacity described in subsection (1) has
448 been arrested for a disqualifying offense specified in s.
449 1012.315 does not meet the level 2 requirements, the person
450 shall be immediately suspended from working in that capacity and
451 shall remain suspended until final resolution of any appeals.
452 Section 5. Paragraphs (b) through (e) of subsection (2) and
453 subsection (7) of section 1012.467, Florida Statutes, are
454 amended to read:
455 1012.467 Noninstructional contractors who are permitted
456 access to school grounds when students are present; background
457 screening requirements.—
458 (2)
459 (b) As authorized by law, The Department of Law Enforcement
460 shall retain the fingerprints submitted by the school districts
461 pursuant to this subsection to the Department of Law Enforcement
462 for a criminal history background screening in a manner provided
463 by rule, and enter the fingerprints in the statewide automated
464 biometric identification system authorized by s. 943.05(2)(b),
465 and enroll the fingerprints in the national retained print
466 arrest notification program in accordance with s. 1012.32(3).
467 The fingerprints shall thereafter be available for arrest
468 notifications required by paragraph (c) and all purposes and
469 uses authorized for arrest fingerprints entered in into the
470 statewide automated biometric identification system pursuant to
471 under s. 943.051.
472 (c) The Department of Law Enforcement shall search arrest
473 fingerprints against the fingerprints retained under paragraph
474 (b) and report any arrest record identified by the Department of
475 Law Enforcement or the Federal Bureau of Investigation to each
476 school district in which the person seeks access. As authorized
477 by law, the Department of Law Enforcement shall search all
478 arrest fingerprints received under s. 943.051 against the
479 fingerprints retained in the statewide automated biometric
480 identification system under paragraph (b).
481 (d) School district participation in the search process is
482 subject to the payment of fees School districts may participate
483 in the search process described in this subsection by paying an
484 annual fee to the Department of Law Enforcement as provided in
485 paragraph (e).
486 (e) A fingerprint retained pursuant to this subsection
487 shall be purged from the automated biometric identification
488 system 5 years following the date the fingerprint was initially
489 submitted. The Department of Law Enforcement shall set by rule
490 the amount of the fees, separately identifying the federal
491 subscription fee collected and remitted by the Department of Law
492 Enforcement for participation in the national retained print
493 arrest notification program, as applicable, annual fee to be
494 imposed upon each participating agency for performing these
495 searches under this subsection and establishing the procedures
496 for retaining fingerprints and disseminating search results. The
497 fee may be borne as provided by law. Fees may be waived or
498 reduced by the executive director of the Department of Law
499 Enforcement for good cause shown.
500 (7)(a) The Department of Law Enforcement shall implement a
501 system that allows for the results of a criminal history check
502 provided to a school district to be shared with other school
503 districts through a secure Internet website or other secure
504 electronic means. School districts must accept reciprocity of
505 level 2 screenings for Florida High School Athletic Association
506 officials.
507 (b) An employee of a school district, a charter school, a
508 lab school, a charter lab school, an approved virtual
509 instruction provider under s. 1002.45, or the Florida School for
510 the Deaf and the Blind who requests or shares criminal history
511 information under this section is immune from civil or criminal
512 liability for any good faith conduct that occurs during the
513 performance of and within the scope of responsibilities related
514 to the record check.
515 Section 6. Paragraph (b) of subsection (10) of section
516 1012.56, Florida Statutes, is amended to read:
517 1012.56 Educator certification requirements.—
518 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
519 PERIODICALLY.—
520 (b) A person may not receive a certificate under this
521 chapter until the person’s screening under s. 1012.32 is
522 completed and the results have been submitted to the Department
523 of Education or to the district school superintendent of the
524 school district that employs the person. Every 5 years after
525 obtaining initial certification, each person who is required to
526 be certified under this chapter and whose fingerprints have not
527 been enrolled in the national retained print arrest notification
528 program in accordance with s. 1012.32(3) must be rescreened in
529 accordance with s. 1012.32, at which time the school district
530 shall request the Department of Law Enforcement to forward the
531 fingerprints to the Federal Bureau of Investigation for federal
532 criminal records checks. If, for any reason after obtaining
533 initial certification, the fingerprints of a person who is
534 required to be certified under this chapter are not retained by
535 the Department of Law Enforcement under s. 1012.32(3)(a) and
536 (b), the person must file a complete set of fingerprints with
537 the district school superintendent of the employing school
538 district. Upon submission of fingerprints for this purpose, the
539 school district shall request the Department of Law Enforcement
540 to forward the fingerprints to the Federal Bureau of
541 Investigation for federal criminal records checks, and the
542 fingerprints shall be retained by the Department of Law
543 Enforcement under s. 1012.32(3)(a) and (b). The cost of the
544 state and federal criminal history checks required by paragraph
545 (a) and this paragraph may be borne by the district school board
546 or the employee. Under penalty of perjury, each person who is
547 certified under this chapter must agree to inform his or her
548 employer within 48 hours if convicted of any disqualifying
549 offense while he or she is employed in a position for which such
550 certification is required.
551 Section 7. Paragraph (e) of subsection (1) of section
552 1012.796, Florida Statutes, is amended to read:
553 1012.796 Complaints against teachers and administrators;
554 procedure; penalties.—
555 (1)
556 (e) If allegations arise against an employee who is
557 certified under s. 1012.56 and employed in an educator
558 certificated position by in any public school, charter school or
559 governing board thereof, approved virtual instruction provider
560 under s. 1002.45, or private school that accepts scholarship
561 students under s. 1002.39 or s. 1002.395, the school or provider
562 shall file in writing with the department a legally sufficient
563 complaint within 30 days after the date on which the subject
564 matter of the complaint came to the attention of the school or
565 provider. A complaint is legally sufficient if it contains
566 ultimate facts that show a violation has occurred as provided in
567 s. 1012.795 and defined by rule of the State Board of Education.
568 The school or provider shall include all known information
569 relating to the complaint with the filing of the complaint. This
570 paragraph does not limit or restrict the power and duty of the
571 department to investigate complaints, regardless of the school’s
572 or provider’s untimely filing, or failure to file, complaints
573 and followup reports.
574 Section 8. Subsection (1) of section 1012.797, Florida
575 Statutes, is amended to read:
576 1012.797 Notification of district school superintendent of
577 certain charges against or convictions of employees.—
578 (1) Notwithstanding the provisions of s. 985.04(7) or any
579 other provision of law to the contrary, a law enforcement agency
580 shall, within 48 hours, notify the appropriate district school
581 superintendent of the name and address of any employee of the
582 school district who is charged with a felony or with a
583 misdemeanor specified in s. 1012.315 or any other crime
584 involving the abuse of a minor child or the sale or possession
585 of a controlled substance. The notification shall include the
586 specific charge for which the employee of the school district
587 was arrested. Such notification shall include other education
588 providers such as the Florida School for the Deaf and the Blind,
589 the Florida Virtual School, university lab schools, charter
590 schools, approved virtual instruction providers under s.
591 1002.45, and private elementary and secondary schools.
592 Section 9. For the purpose of incorporating the amendment
593 made by this act to section 1012.315, Florida Statutes, in a
594 reference thereto, subsection (7) of section 1001.42, Florida
595 Statutes, is reenacted to read:
596 1001.42 Powers and duties of district school board.—The
597 district school board, acting as a board, shall exercise all
598 powers and perform all duties listed below:
599 (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify
600 instructional personnel and school administrators, as defined in
601 s. 1012.01, from employment in any position that requires direct
602 contact with students if the personnel or administrators are
603 ineligible for such employment under s. 1012.315. An elected or
604 appointed school board official forfeits his or her salary for 1
605 year if:
606 (a) The school board official knowingly signs and transmits
607 to any state official a report of alleged misconduct by
608 instructional personnel or school administrators which affects
609 the health, safety, or welfare of a student and the school board
610 official knows the report to be false or incorrect; or
611 (b) The school board official knowingly fails to adopt
612 policies that require instructional personnel and school
613 administrators to report alleged misconduct by other
614 instructional personnel and school administrators, or that
615 require the investigation of all reports of alleged misconduct
616 by instructional personnel and school administrators, if the
617 misconduct affects the health, safety, or welfare of a student.
618 Section 10. For the purpose of incorporating the amendment
619 made by this act to section 1012.315, Florida Statutes, in a
620 reference thereto, paragraph (g) of subsection (12) of section
621 1002.33, Florida Statutes, is reenacted to read:
622 1002.33 Charter schools.—
623 (12) EMPLOYEES OF CHARTER SCHOOLS.—
624 (g)1. A charter school shall employ or contract with
625 employees who have undergone background screening as provided in
626 s. 1012.32. Members of the governing board of the charter school
627 shall also undergo background screening in a manner similar to
628 that provided in s. 1012.32.
629 2. A charter school shall disqualify instructional
630 personnel and school administrators, as defined in s. 1012.01,
631 from employment in any position that requires direct contact
632 with students if the personnel or administrators are ineligible
633 for such employment under s. 1012.315.
634 3. The governing board of a charter school shall adopt
635 policies establishing standards of ethical conduct for
636 instructional personnel and school administrators. The policies
637 must require all instructional personnel and school
638 administrators, as defined in s. 1012.01, to complete training
639 on the standards; establish the duty of instructional personnel
640 and school administrators to report, and procedures for
641 reporting, alleged misconduct by other instructional personnel
642 and school administrators which affects the health, safety, or
643 welfare of a student; and include an explanation of the
644 liability protections provided under ss. 39.203 and 768.095. A
645 charter school, or any of its employees, may not enter into a
646 confidentiality agreement regarding terminated or dismissed
647 instructional personnel or school administrators, or personnel
648 or administrators who resign in lieu of termination, based in
649 whole or in part on misconduct that affects the health, safety,
650 or welfare of a student, and may not provide instructional
651 personnel or school administrators with employment references or
652 discuss the personnel’s or administrators’ performance with
653 prospective employers in another educational setting, without
654 disclosing the personnel’s or administrators’ misconduct. Any
655 part of an agreement or contract that has the purpose or effect
656 of concealing misconduct by instructional personnel or school
657 administrators which affects the health, safety, or welfare of a
658 student is void, is contrary to public policy, and may not be
659 enforced.
660 4. Before employing instructional personnel or school
661 administrators in any position that requires direct contact with
662 students, a charter school shall conduct employment history
663 checks of each of the personnel’s or administrators’ previous
664 employers, screen the instructional personnel or school
665 administrators through use of the educator screening tools
666 described in s. 1001.10(5), and document the findings. If unable
667 to contact a previous employer, the charter school must document
668 efforts to contact the employer.
669 5. The sponsor of a charter school that knowingly fails to
670 comply with this paragraph shall terminate the charter under
671 subsection (8).
672 Section 11. For the purpose of incorporating the amendment
673 made by this act to section 1012.315, Florida Statutes, in a
674 reference thereto, paragraph (g) of subsection (7) of section
675 1002.36, Florida Statutes, is reenacted to read:
676 1002.36 Florida School for the Deaf and the Blind.—
677 (7) PERSONNEL SCREENING.—
678 (g) For purposes of protecting the health, safety, or
679 welfare of students, the Florida School for the Deaf and the
680 Blind is considered a school district and must, except as
681 otherwise provided in this section, comply with ss. 1001.03,
682 1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
683 1012.56, 1012.795, and 1012.796.
684 Section 12. For the purpose of incorporating the amendment
685 made by this act to section 1012.315, Florida Statutes, in a
686 reference thereto, paragraph (a) of subsection (4) of section
687 1002.421, Florida Statutes, is reenacted to read:
688 1002.421 Accountability of private schools participating in
689 state school choice scholarship programs.—
690 (4) A private school that accepts scholarship students
691 under s. 1002.39 or s. 1002.395 must:
692 (a) Disqualify instructional personnel and school
693 administrators, as defined in s. 1012.01, from employment in any
694 position that requires direct contact with students if the
695 personnel or administrators are ineligible for such employment
696 under s. 1012.315.
697
698 The department shall suspend the payment of funds under ss.
699 1002.39 and 1002.395 to a private school that knowingly fails to
700 comply with this subsection, and shall prohibit the school from
701 enrolling new scholarship students, for 1 fiscal year and until
702 the school complies.
703 Section 13. For the purpose of incorporating the amendment
704 made by this act to section 1012.315, Florida Statutes, in
705 references thereto, subsections (1) and (2) of section 1012.32,
706 Florida Statutes, are reenacted to read:
707 1012.32 Qualifications of personnel.—
708 (1) To be eligible for appointment in any position in any
709 district school system, a person must be of good moral
710 character; must have attained the age of 18 years, if he or she
711 is to be employed in an instructional capacity; must not be
712 ineligible for such employment under s. 1012.315; and must, when
713 required by law, hold a certificate or license issued under
714 rules of the State Board of Education or the Department of
715 Children and Families, except when employed pursuant to s.
716 1012.55 or under the emergency provisions of s. 1012.24.
717 Previous residence in this state shall not be required in any
718 school of the state as a prerequisite for any person holding a
719 valid Florida certificate or license to serve in an
720 instructional capacity.
721 (2)(a) Instructional and noninstructional personnel who are
722 hired or contracted to fill positions that require direct
723 contact with students in any district school system or
724 university lab school must, upon employment or engagement to
725 provide services, undergo background screening as required under
726 s. 1012.465 or s. 1012.56, whichever is applicable.
727 (b) Instructional and noninstructional personnel who are
728 hired or contracted to fill positions in any charter school and
729 members of the governing board of any charter school, in
730 compliance with s. 1002.33(12)(g), must, upon employment,
731 engagement of services, or appointment, undergo background
732 screening as required under s. 1012.465 or s. 1012.56, whichever
733 is applicable, by filing with the district school board for the
734 school district in which the charter school is located a
735 complete set of fingerprints taken by an authorized law
736 enforcement agency or an employee of the school or school
737 district who is trained to take fingerprints.
738 (c) Instructional and noninstructional personnel who are
739 hired or contracted to fill positions that require direct
740 contact with students in an alternative school that operates
741 under contract with a district school system must, upon
742 employment or engagement to provide services, undergo background
743 screening as required under s. 1012.465 or s. 1012.56, whichever
744 is applicable, by filing with the district school board for the
745 school district to which the alternative school is under
746 contract a complete set of fingerprints taken by an authorized
747 law enforcement agency or an employee of the school or school
748 district who is trained to take fingerprints.
749 (d) Student teachers and persons participating in a field
750 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
751 district school system, lab school, or charter school must, upon
752 engagement to provide services, undergo background screening as
753 required under s. 1012.56.
754
755 Fingerprints shall be submitted to the Department of Law
756 Enforcement for statewide criminal and juvenile records checks
757 and to the Federal Bureau of Investigation for federal criminal
758 records checks. A person subject to this subsection who is found
759 ineligible for employment under s. 1012.315, or otherwise found
760 through background screening to have been convicted of any crime
761 involving moral turpitude as defined by rule of the State Board
762 of Education, shall not be employed, engaged to provide
763 services, or serve in any position that requires direct contact
764 with students. Probationary persons subject to this subsection
765 terminated because of their criminal record have the right to
766 appeal such decisions. The cost of the background screening may
767 be borne by the district school board, the charter school, the
768 employee, the contractor, or a person subject to this
769 subsection.
770 Section 14. For the purpose of incorporating the amendment
771 made by this act to section 1012.315, Florida Statutes, in
772 references thereto, paragraphs (a) and (c) of subsection (10) of
773 section 1012.56, Florida Statutes, are reenacted to read:
774 1012.56 Educator certification requirements.—
775 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
776 PERIODICALLY.—
777 (a) Each person who seeks certification under this chapter
778 must be fingerprinted and screened in accordance with s. 1012.32
779 and must not be ineligible for such certification under s.
780 1012.315. A person who has been screened in accordance with s.
781 1012.32 by a district school board or the Department of
782 Education within 12 months before the date the person initially
783 obtains certification under this chapter, the results of which
784 are submitted to the district school board or to the Department
785 of Education, is not required to repeat the screening under this
786 paragraph.
787 (c) If it is found under s. 1012.796 that a person who is
788 employed in a position requiring certification under this
789 chapter has not been screened in accordance with s. 1012.32, or
790 is ineligible for such certification under s. 1012.315, the
791 person’s certification shall be immediately revoked or suspended
792 and he or she shall be immediately suspended from the position
793 requiring certification.
794 Section 15. For the purpose of incorporating the amendment
795 made by this act to section 1012.315, Florida Statutes, in a
796 reference thereto, paragraph (n) of subsection (1) of section
797 1012.795, Florida Statutes, is reenacted to read:
798 1012.795 Education Practices Commission; authority to
799 discipline.—
800 (1) The Education Practices Commission may suspend the
801 educator certificate of any person as defined in s. 1012.01(2)
802 or (3) for up to 5 years, thereby denying that person the right
803 to teach or otherwise be employed by a district school board or
804 public school in any capacity requiring direct contact with
805 students for that period of time, after which the holder may
806 return to teaching as provided in subsection (4); may revoke the
807 educator certificate of any person, thereby denying that person
808 the right to teach or otherwise be employed by a district school
809 board or public school in any capacity requiring direct contact
810 with students for up to 10 years, with reinstatement subject to
811 the provisions of subsection (4); may revoke permanently the
812 educator certificate of any person thereby denying that person
813 the right to teach or otherwise be employed by a district school
814 board or public school in any capacity requiring direct contact
815 with students; may suspend the educator certificate, upon an
816 order of the court or notice by the Department of Revenue
817 relating to the payment of child support; or may impose any
818 other penalty provided by law, if the person:
819 (n) Has been disqualified from educator certification under
820 s. 1012.315.
821 Section 16. This act shall take effect July 1, 2015.
