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2019 Florida Statutes
Disqualification from employment.
Disqualification from employment.
11012.315 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:
(1) Any felony offense prohibited under any of the following statutes:
(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(d) Section 782.04, relating to murder.
(e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
(f) Section 784.021, relating to aggravated assault.
(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.
(i) Section 787.01, relating to kidnapping.
(j) Section 787.02, relating to false imprisonment.
(k) Section 787.025, relating to luring or enticing a child.
(l) Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
(m) Section 787.04(3), relating to leading, taking, 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.
(n) Section 790.115(1), relating to exhibiting firearms or weapons at a school-sponsored event, on school property, or within 1,000 feet of a school.
(o) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon at a school-sponsored event or on school property.
(p) Section 794.011, relating to sexual battery.
(q) Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial authority.
(r) Section 794.05, relating to unlawful sexual activity with certain minors.
(s) Section 794.08, relating to female genital mutilation.
(t) Chapter 796, relating to prostitution.
(u) Chapter 800, relating to lewdness and indecent exposure.
(v) Section 800.101, relating to offenses against students by authority figures.
(w) Section 806.01, relating to arson.
(x) Section 810.14, relating to voyeurism.
(y) Section 810.145, relating to video voyeurism.
(z) Section 812.014(6), relating to coordinating the commission of theft in excess of $3,000.
(aa) Section 812.0145, relating to theft from persons 65 years of age or older.
(bb) Section 812.019, relating to dealing in stolen property.
(cc) Section 812.13, relating to robbery.
(dd) Section 812.131, relating to robbery by sudden snatching.
(ee) Section 812.133, relating to carjacking.
(ff) Section 812.135, relating to home-invasion robbery.
(gg) Section 817.563, relating to fraudulent sale of controlled substances.
(hh) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(ii) Section 825.103, relating to exploitation of an elderly person or disabled adult.
(jj) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
(kk) Section 826.04, relating to incest.
(ll) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
(mm) Section 827.04, relating to contributing to the delinquency or dependency of a child.
(nn) Section 827.071, relating to sexual performance by a child.
(oo) Section 843.01, relating to resisting arrest with violence.
(pp) Chapter 847, relating to obscenity.
(qq) Section 874.05, relating to causing, encouraging, soliciting, or recruiting another to join a criminal street gang.
(rr) Chapter 893, relating to drug abuse prevention and control, if the offense was a felony of the second degree or greater severity.
(ss) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(tt) Section 944.47, relating to introduction, removal, or possession of contraband at a correctional facility.
(uu) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(vv) Section 985.711, relating to introduction, removal, or possession of contraband at a juvenile detention facility or commitment program.
(2) Any misdemeanor offense prohibited under any of the following statutes:
(a) Section 784.03, relating to battery, if the victim of the offense was a minor.
(b) Section 787.025, relating to luring or enticing a child.
(3) Any criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).
(4) Any delinquent act committed in this state or any delinquent or criminal act committed in another state or under federal law which, if committed in this state, qualifies an individual for inclusion on the Registered Juvenile Sex Offender List under s. 943.0435(1)(h)1.d.
History.—s. 26, ch. 2008-108; s. 18, ch. 2010-24; s. 24, ch. 2016-24; s. 15, ch. 2016-104; s. 32, ch. 2017-37; s. 17, ch. 2017-107; s. 35, ch. 2018-6; s. 10, ch. 2018-150.
1Note.—Section 49, ch. 2018-6, provides that:
“(1) The Department of Revenue is authorized, and all conditions are deemed to be met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering the provisions of this act.
“(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.
“(3) This section shall take effect upon this act becoming a law and shall expire January 1, 2022.”