SENATE AMENDMENT
    Bill No. CS for SB 2560
    Amendment No. ___   Barcode 095040
                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 1, between lines 29 and 30,
15  
16  insert:  
17         Section 4. Paragraph (b) of subsection (2) of section
18  1012.56, Florida Statutes, is amended to read:
19         1012.56  Educator certification requirements.--
20         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek
21  certification pursuant to this chapter, a person must:
22         (b)  File an affidavit a written statement, under oath,
23  that the applicant subscribes to and will uphold the
24  principles incorporated in the Constitution of the United
25  States and the Constitution of the State of Florida and that
26  the information provided in the application is true, accurate,
27  and complete. The affidavit shall be in substantially the
28  following form:.
29  
30         Under penalty of perjury, I, ...(name of
31         applicant)..., do hereby certify that I
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SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 subscribe to and will uphold the principles 2 incorporated in the Constitution of the United 3 States and the Constitution of the State of 4 Florida and that all information provided in 5 this application is true, accurate, and 6 complete. 7 8 Signature or electronic authentication 9 10 The affidavit shall include substantially the following 11 warning: 12 13 WARNING: GIVING FALSE INFORMATION IN ORDER TO 14 OBTAIN OR RENEW A FLORIDA EDUCATOR'S 15 CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA 16 LAW. ANYONE GIVING FALSE INFORMATION ON THIS 17 AFFIDAVIT IS SUBJECT TO CRIMINAL PROSECUTION, 18 AS WELL AS DISCIPLINARY ACTION BY THE EDUCATION 19 PRACTICES COMMISSION. 20 Section 5. Section 1012.561, Florida Statutes, is 21 created to read: 22 1012.561 Address of record.-- 23 (1) A certified educator or applicant for 24 certification who is employed by a district school board must 25 notify his or her employing school district of a change of 26 address within 10 days after the change has occurred. The 27 employing district school board must notify the bureau of the 28 change of address, in the manner prescribed by the Department 29 of Education, within 20 days after the school board receives 30 such notification. 31 (2) Notwithstanding any other provision of law to the 2 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 contrary, effective January 1, 2004, service by regular mail 2 to a certified educator's or applicant's last known address of 3 record with the bureau constitutes adequate and sufficient 4 notice to the certified educator or applicant of any official 5 communication to the educator or applicant by the Department 6 of Education, the Education Practices Commission, or the 7 Recovery Network for Educators. 8 Section 6. Paragraph (a) of subsection (8) of section 9 1012.79, Florida Statutes, is amended to read: 10 1012.79 Education Practices Commission; 11 organization.-- 12 (8)(a) The commission shall, from time to time, 13 designate members of the commission to serve on panels for the 14 purpose of reviewing and issuing final orders upon cases 15 presented to the commission. A case concerning a complaint 16 against a teacher shall be reviewed and a final order thereon 17 shall be entered by a panel composed of five seven commission 18 members, three four of whom shall be teachers. A case 19 concerning a complaint against an administrator shall be 20 reviewed and a final order thereon shall be entered by a panel 21 composed of five seven commission members, three four of whom 22 shall be administrators. 23 Section 7. Section 1012.795, Florida Statutes, is 24 amended to read: 25 1012.795 Education Practices Commission; authority to 26 discipline.-- 27 (1) The Education Practices Commission may suspend the 28 educator certificate of any person as defined in s. 1012.01(2) 29 or (3) for a period of time not to exceed 5 3 years, thereby 30 denying that person the privilege right to teach or otherwise 31 be employed in a public school in any capacity that requires 3 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 direct contact with students for that period of time, after 2 which the holder may return to teaching as provided in 3 subsection (4); may revoke the educator certificate of any 4 person, thereby denying that person the privilege right to 5 teach or otherwise be employed in a public school in any 6 capacity that requires direct contact with students for a 7 period of time not to exceed 10 years, with reinstatement 8 subject to the provisions of subsection (4); may revoke 9 permanently the educator certificate of any person, thereby 10 denying that person the privilege to teach or otherwise be 11 employed in a public school in any capacity that requires 12 direct contact with students; may suspend the educator 13 certificate, upon order of the court, of any person found to 14 have a delinquent child support obligation; or may impose any 15 other penalty provided by law, if provided it can be shown 16 that the person: 17 (a) Obtained or attempted to obtain an the educator 18 certificate by fraudulent means. 19 (b) Has proved to be incompetent to teach or to 20 perform duties as an employee of the public school system or 21 to teach in or to operate a private school. 22 (c) Has been guilty of gross immorality or an act 23 involving moral turpitude. 24 (d) Has had an educator certificate sanctioned by 25 revoked in another state. 26 (e) Has been convicted of a crime in any jurisdiction 27 misdemeanor, felony, or any other criminal charge, other than 28 a minor traffic violation. 29 (f) Upon investigation, has been found guilty of 30 personal conduct which seriously reduces that person's 31 effectiveness as an employee of the district school board. 4 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 (g) Has breached a contract, as provided in s. 2 1012.33(2). 3 (h) Has been the subject of a court order directing 4 the Education Practices Commission to suspend the certificate 5 as a result of a delinquent child support obligation. 6 (i) Has violated the Principles of Professional 7 Conduct for the Education Profession prescribed by State Board 8 of Education rules. 9 (j) Has otherwise violated the provisions of law, the 10 penalty for which is the revocation of the educator 11 certificate. 12 (k) Has violated any order of the Education Practices 13 Commission. 14 (l) Has been the subject of a court order or plea 15 agreement in any jurisdiction which requires the 16 certificateholder to surrender or otherwise relinquish his or 17 her educator's certificate. Any surrender or relinquishment 18 constitutes a permanent revocation of the certificate. A 19 person may not surrender or otherwise relinquish his or her 20 certificate prior to a finding of probable cause by the 21 commissioner as provided in s. 1012.796. 22 (2) The plea of guilty in any court, the decision of 23 guilty by any court, the forfeiture by the teaching 24 certificateholder of a bond in any court of law, or the 25 written acknowledgment, duly witnessed, of offenses listed in 26 subsection (1) to the district school superintendent or a duly 27 appointed representative or to the district school board shall 28 be prima facie proof of grounds for revocation of the 29 certificate as listed in subsection (1) in the absence of 30 proof by the certificateholder that the plea of guilty, 31 forfeiture of bond, or admission of guilt was caused by 5 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 threats, coercion, or fraudulent means. 2 (3) The revocation by the Education Practices 3 Commission of an educator certificate of any person 4 automatically revokes any and all Florida educator 5 certificates held by that person. 6 (4)(a) An educator certificate which has been 7 suspended under this section is automatically reinstated at 8 the end of the suspension period, provided the certificate did 9 not expire during the period of suspension. If the 10 certificate expired during the period of suspension, the 11 holder of the former certificate may secure a new certificate 12 by making application therefor and by meeting the 13 certification requirements of the state board current at the 14 time of the application for the new certificate. An educator 15 certificate suspended pursuant to a court order for a 16 delinquent child support obligation may only be reinstated 17 upon notice from the court that the party has complied with 18 the terms of the court order. 19 (b) A person whose educator certificate has been 20 revoked under this section may apply for a new certificate at 21 the expiration of that period of ineligibility fixed by the 22 Education Practices Commission by making application therefor 23 and by meeting the certification requirements of the state 24 board current at the time of the application for the new 25 certificate. 26 (5) Each district school superintendent and the 27 governing authority of each university lab school, 28 state-supported school, or private school shall report to the 29 department the name of any person certified pursuant to this 30 chapter or employed and qualified pursuant to s. 1012.39: 31 (a) Who has been convicted of, or who has pled nolo 6 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 contendere to, a misdemeanor, felony, or any other criminal 2 charge, other than a minor traffic infraction; 3 (b) Who that official has reason to believe has 4 committed or is found to have committed any act which would be 5 a ground for revocation or suspension under subsection (1); or 6 (c) Who has been dismissed or severed from employment 7 because of conduct involving any immoral, unnatural, or 8 lascivious act. 9 (6)(a) When an individual violates any provision of 10 the provisions of a settlement agreement enforced by a final 11 order of the Education Practices Commission, the Department of 12 Education may request that an order to show cause may be 13 issued by the clerk of the commission issue an order to show 14 cause. The order shall require the individual to appear before 15 the commission to show cause why further penalties should not 16 be levied against the individual's certificate pursuant to the 17 authority provided to the Education Practices Commission in 18 subsection (1). The Education Practices Commission may fashion 19 further penalties under the authority of subsection (1) as it 20 deems deemed appropriate upon considering when the show cause 21 order is responded to by the individual. 22 (b) The Education Practices Commission shall issue a 23 final order revoking an individual's Florida educator's 24 certificate for a minimum of 1 year if the individual has been 25 the subject of sanctions by the Education Practices Commission 26 on two previous occasions. under the following circumstances: 27 1. If the individual: 28 a. Has been found to have violated the provisions of 29 this section, such that the Education Practices Commission has 30 the authority to discipline the individual's Florida 31 educator's certificate on two separate occasions; 7 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 b. Has twice entered into a settlement agreement 2 enforced by a final order of the Education Practices 3 Commission; or 4 c. Has been found to have violated the provisions of 5 this section, such that the Education Practices Commission has 6 the authority to discipline the individual's Florida 7 educator's certificate on one occasion and entered into a 8 settlement agreement enforced by a final order of the 9 Education Practices Commission on one occasion; and 10 2. A third finding of probable cause and a finding 11 that the allegations are proven or admitted to is subsequently 12 found by the Commissioner of Education. 13 14 If, in the third instance, the individual enters into a 15 settlement agreement with the Department of Education, that 16 agreement shall also include a penalty revoking that 17 individual's Florida educator's certificate for a minimum of 1 18 year. 19 Section 8. Paragraph (d) is added to subsection (1) of 20 section 1012.796, Florida Statutes, and subsections (6), (7), 21 and (8) of that section are amended, to read: 22 1012.796 Complaints against teachers and 23 administrators; procedure; penalties.-- 24 (1) 25 (d) Notwithstanding any other provision of law to the 26 contrary, all law enforcement agencies, state attorneys, 27 social service agencies, and district school boards, and the 28 Division of Administrative Hearings, shall fully cooperate 29 with, and upon request shall provide unredacted documents to, 30 the Department of Education to further investigations and 31 prosecutions conducted as authorized by this section. Any such 8 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 document may not be redisclosed except as authorized by law. 2 (6) Upon the finding of probable cause, the 3 commissioner shall file a formal complaint and prosecute the 4 complaint pursuant to the provisions of chapter 120, except as 5 provided in s. 1012.561. An administrative law judge shall be 6 assigned by the Division of Administrative Hearings of the 7 Department of Management Services to hear the complaint if 8 there are disputed issues of material fact. The administrative 9 law judge shall make recommendations in accordance with the 10 provisions of subsection (7) to the appropriate Education 11 Practices Commission panel which shall conduct a formal review 12 of such recommendations and other pertinent information and 13 issue a final order. The commission shall consult with its 14 legal counsel prior to issuance of a final order. 15 (7) A panel of the commission shall enter a final 16 order either dismissing the complaint or imposing one or more 17 of the following penalties: 18 (a) Denial of an application for a teaching 19 certificate or for an administrative or supervisory 20 endorsement on a teaching certificate. The denial may provide 21 that the applicant may not reapply for certification, and that 22 the department may refuse to consider that applicant's 23 application, for a specified period of time or permanently. 24 (b) Revocation or suspension of a certificate. 25 (c) Imposition of an administrative fine not to exceed 26 $2,000 for each count or separate offense. 27 (d) Placement of the teacher, administrator, or 28 supervisor on probation for a period of time and subject to 29 such conditions as the commission may specify, including 30 requiring the certified teacher, administrator, or supervisor 31 to complete additional appropriate college courses or work 9 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 with another certified educator, with the administrative costs 2 of monitoring the probation assessed to the educator placed on 3 probation. At a minimum, an educator who is on probation 4 shall: 5 1. Immediately notify the Bureau of Educator Standards 6 upon his or her employment or termination of employment in the 7 state in any public or private position that requires a 8 Florida educator's certificate. 9 2. Have his or her immediate supervisor submit annual 10 performance reports to the Bureau of Educator Standards. 11 3. Pay to the commission within the first 6 months of 12 each probation year the administrative costs of monitoring 13 probation which have been assessed to him or her. 14 4. Not violate any law and shall fully comply with all 15 district school board policies, school rules, and State Board 16 of Education rules. 17 5. Satisfactorily perform his or her assigned duties 18 in a competent, professional manner. 19 6. Bear all costs of complying with the terms of a 20 final order entered by the commission. 21 (e) Restriction of the authorized scope of practice of 22 the teacher, administrator, or supervisor. 23 (f) Reprimand of the teacher, administrator, or 24 supervisor in writing, with a copy to be placed in the 25 certification file of such person. 26 (g) Imposition of an administrative sanction, upon a 27 person whose teaching certificate has expired, for an act or 28 acts committed while that person possessed a teaching 29 certificate or an expired certificate subject to late renewal, 30 which sanction bars that person from applying for a new 31 certificate for a period of 10 years or less, or permanently. 10 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 (h) Refer the teacher, administrator, or supervisor to 2 the recovery network program provided in s. 1012.798 under 3 such terms and conditions as the commission specifies. 4 (8) Violations of the provisions of a final order 5 probation shall result in an order to show cause issued by the 6 clerk of the Education Practices Commission when requested by 7 the Department of Education. Upon failure of the educator 8 probationer, at the time and place stated in the order, to 9 show cause satisfactorily to the Education Practices 10 Commission why a penalty for violating the provisions of a 11 final order probation should not be imposed, the Education 12 Practices Commission shall impose whatever penalty is 13 appropriate as established in s. 1012.795(6). Any probation 14 period will be tolled when an order to show cause has been 15 issued until the issue is resolved by the Education Practices 16 Commission. 17 Section 9. Subsections (1), (3), and (10) and paragraph 18 (c) of subsection (6) of section 1012.798, Florida Statutes, 19 are amended to read: 20 1012.798 Recovery network program for educators.-- 21 (1) RECOVERY NETWORK ESTABLISHED.--There is created 22 within the Department of Education, a recovery network program 23 to assist educators who are impaired as a result of alcohol 24 abuse, drug abuse, or a mental condition in obtaining 25 treatment to permit their continued contribution to the 26 education profession. Any person who has applied for or holds 27 certification issued by the department pursuant to s. 1012.56 28 is eligible for the program assistance. The individual may 29 enter the program voluntarily or may be directed to 30 participate through a deferred prosecution agreement with the 31 Commissioner of Education or a final order of the Education 11 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 Practices Commission pursuant to s. 1012.796. 2 (3) PURPOSE.--The recovery network program shall 3 assist educators in obtaining treatment and services from 4 approved treatment providers, but each impaired educator must 5 pay for his or her treatment under terms and conditions agreed 6 upon by the impaired educator and the treatment provider. A 7 person who is admitted to the recovery network program must 8 contract with the treatment provider and the program. The 9 treatment contract must prescribe the type of treatment and 10 the responsibilities of the impaired educator and of the 11 provider and must provide that the impaired educator's 12 progress will be monitored by the recovery network program. 13 (6) PARTICIPATION.--The recovery network program shall 14 operate independently of employee assistance programs operated 15 by local school districts, and the powers and duties of school 16 districts to make employment decisions, including disciplinary 17 decisions, is not affected except as provided in this section: 18 (c) A person who has not previously been under 19 investigation by the department may be enrolled in a treatment 20 program by the recovery network program after an investigation 21 pursuant to s. 1012.796 has commenced, if the person: 22 1. Acknowledges his or her impairment. 23 2. Agrees to evaluation, as approved by the recovery 24 network. 25 3. Agrees to enroll in an appropriate treatment 26 program approved by the recovery network. 27 4. Executes releases for all medical and treatment 28 records regarding his or her impairment and participation in a 29 treatment program to the recovery network, pursuant to 42 30 U.S.C. s. 290dd-3 and the federal regulations adopted 31 thereunder. 12 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 5. Enters into a deferred prosecution agreement with 2 the commissioner, which provides that no prosecution shall be 3 instituted concerning the matters enumerated in the agreement 4 if the person is properly enrolled in the treatment program 5 and successfully completes the program as certified by the 6 recovery network. The commissioner is under no obligation to 7 enter into a deferred prosecution agreement with the educator 8 but may do so if he or she determines that it is in the best 9 interest of the educational program of the state and the 10 educator:. 11 a.6. Has not previously entered a substance abuse 12 program. 13 b.7. Is not being investigated for any action 14 involving commission of a felony or violent act against 15 another person. 16 c.8. Has not had multiple arrests for minor drug use, 17 possession, or abuse of alcohol. 18 (10) DECLARATION OF INELIGIBILITY.-- 19 (a) A person may be declared ineligible for further 20 assistance from the recovery network program if he or she does 21 not progress satisfactorily in a treatment program or leaves a 22 prescribed program or course of treatment without the approval 23 of the treatment provider. 24 (b) The determination of ineligibility must be made by 25 the commissioner in cases referred to him or her by the 26 program administrator or his or her designee after review of 27 the circumstances of the case. Before referring a case to the 28 commissioner, the administrator must discuss the circumstances 29 with the treatment provider. The commissioner may direct the 30 Office of Professional Practices Services to investigate the 31 case and provide a report. 13 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 (c) If a treatment through contract with the program 2 is a condition of a deferred prosecution agreement, and the 3 program administrator commissioner determines that the person 4 is ineligible for further assistance, the commissioner may 5 agree to modify the terms and conditions of the deferred 6 prosecution agreement or may issue an administrative 7 complaint, pursuant to s. 1012.796, alleging the charges 8 regarding which prosecution was deferred. The person may 9 dispute the determination as an affirmative defense to the 10 administrative complaint by including with his or her request 11 for hearing on the administrative complaint a written 12 statement setting forth the facts and circumstances that show 13 that the determination of ineligibility was erroneous. If 14 administrative proceedings regarding the administrative 15 complaint, pursuant to ss. 120.569 and 120.57, result in a 16 finding that the determination of ineligibility was erroneous, 17 the person is eligible to participate in the program. If the 18 determination of ineligibility was the only reason for setting 19 aside the deferred prosecution agreement and issuing the 20 administrative complaint and the administrative proceedings 21 result in a finding that the determination was erroneous, the 22 complaint shall be dismissed and the deferred prosecution 23 agreement reinstated without prejudice to the commissioner's 24 right to reissue the administrative complaint for other 25 breaches of the agreement. 26 (d) If a treatment through contract with the program 27 is a condition of a final order of the Education Practices 28 Commission, the program administrator's commissioner's 29 determination of ineligibility constitutes a finding of 30 probable cause that the person failed to comply with the final 31 order. Pursuant to ss. 1012.795 and 1012.796, upon the request 14 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 of the Department of Education, the clerk of the Education 2 Practices Commission shall issue to the educator an order to 3 show cause, or the commissioner may shall issue an 4 administrative complaint, and the case shall proceed under ss. 5 1012.795 and 1012.796, in the same manner as in cases based on 6 a failure to comply with an order of the Education Practices 7 Commission. 8 (e) If the person voluntarily entered into a treatment 9 contract with the program, the program administrator 10 commissioner shall issue a written notice stating the reasons 11 for the determination of ineligibility. Within 20 days after 12 the date of such notice, the person may contest the 13 determination of ineligibility pursuant to ss. 120.569 and 14 120.57. 15 Section 10. Subsection (4) of section 943.0585, Florida 16 Statutes, is amended to read: 17 943.0585 Court-ordered expunction of criminal history 18 records.--The courts of this state have jurisdiction over 19 their own procedures, including the maintenance, expunction, 20 and correction of judicial records containing criminal history 21 information to the extent such procedures are not inconsistent 22 with the conditions, responsibilities, and duties established 23 by this section. Any court of competent jurisdiction may order 24 a criminal justice agency to expunge the criminal history 25 record of a minor or an adult who complies with the 26 requirements of this section. The court shall not order a 27 criminal justice agency to expunge a criminal history record 28 until the person seeking to expunge a criminal history record 29 has applied for and received a certificate of eligibility for 30 expunction pursuant to subsection (2). A criminal history 31 record that relates to a violation of s. 787.025, chapter 794, 15 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, 2 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 3 893.135, or a violation enumerated in s. 907.041 may not be 4 expunged, without regard to whether adjudication was withheld, 5 if the defendant was found guilty of or pled guilty or nolo 6 contendere to the offense, or if the defendant, as a minor, 7 was found to have committed, or pled guilty or nolo contendere 8 to committing, the offense as a delinquent act. The court may 9 only order expunction of a criminal history record pertaining 10 to one arrest or one incident of alleged criminal activity, 11 except as provided in this section. The court may, at its sole 12 discretion, order the expunction of a criminal history record 13 pertaining to more than one arrest if the additional arrests 14 directly relate to the original arrest. If the court intends 15 to order the expunction of records pertaining to such 16 additional arrests, such intent must be specified in the 17 order. A criminal justice agency may not expunge any record 18 pertaining to such additional arrests if the order to expunge 19 does not articulate the intention of the court to expunge a 20 record pertaining to more than one arrest. This section does 21 not prevent the court from ordering the expunction of only a 22 portion of a criminal history record pertaining to one arrest 23 or one incident of alleged criminal activity. Notwithstanding 24 any law to the contrary, a criminal justice agency may comply 25 with laws, court orders, and official requests of other 26 jurisdictions relating to expunction, correction, or 27 confidential handling of criminal history records or 28 information derived therefrom. This section does not confer 29 any right to the expunction of any criminal history record, 30 and any request for expunction of a criminal history record 31 may be denied at the sole discretion of the court. 16 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any 2 criminal history record of a minor or an adult which is 3 ordered expunged by a court of competent jurisdiction pursuant 4 to this section must be physically destroyed or obliterated by 5 any criminal justice agency having custody of such record; 6 except that any criminal history record in the custody of the 7 department must be retained in all cases. A criminal history 8 record ordered expunged that is retained by the department is 9 confidential and exempt from the provisions of s. 119.07(1) 10 and s. 24(a), Art. I of the State Constitution and not 11 available to any person or entity except upon order of a court 12 of competent jurisdiction. A criminal justice agency may 13 retain a notation indicating compliance with an order to 14 expunge. 15 (a) The person who is the subject of a criminal 16 history record that is expunged under this section or under 17 other provisions of law, including former s. 893.14, former s. 18 901.33, and former s. 943.058, may lawfully deny or fail to 19 acknowledge the arrests covered by the expunged record, except 20 when the subject of the record: 21 1. Is a candidate for employment with a criminal 22 justice agency; 23 2. Is a defendant in a criminal prosecution; 24 3. Concurrently or subsequently petitions for relief 25 under this section or s. 943.059; 26 4. Is a candidate for admission to The Florida Bar; 27 5. Is seeking to be employed or licensed by or to 28 contract with the Department of Children and Family Services 29 or the Department of Juvenile Justice or to be employed or 30 used by such contractor or licensee in a sensitive position 31 having direct contact with children, the developmentally 17 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 disabled, the aged, or the elderly as provided in s. 2 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 3 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 4 985.407, or chapter 400; or 5 6. Is seeking to be employed or licensed by the Office 6 of Teacher Education, Certification, Staff Development, and 7 Professional Practices of the Department of Education, any 8 district school board, any university laboratory school, any 9 charter school, any private or parochial school, or any local 10 governmental entity that licenses child care facilities. 11 (b) Subject to the exceptions in paragraph (a), a 12 person who has been granted an expunction under this section, 13 former s. 893.14, former s. 901.33, or former s. 943.058 may 14 not be held under any provision of law of this state to commit 15 perjury or to be otherwise liable for giving a false statement 16 by reason of such person's failure to recite or acknowledge an 17 expunged criminal history record. 18 (c) Information relating to the existence of an 19 expunged criminal history record which is provided in 20 accordance with paragraph (a) is confidential and exempt from 21 the provisions of s. 119.07(1) and s. 24(a), Art. I of the 22 State Constitution, except that the department shall disclose 23 the existence of a criminal history record ordered expunged to 24 the entities set forth in subparagraphs (a)1., 4., 5., and 6. 25 for their respective licensing and employment purposes, and to 26 criminal justice agencies for their respective criminal 27 justice purposes. It is unlawful for any employee of an entity 28 set forth in subparagraph (a)1., subparagraph (a)4., 29 subparagraph (a)5., or subparagraph (a)6. to disclose 30 information relating to the existence of an expunged criminal 31 history record of a person seeking employment or licensure 18 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 with such entity or contractor, except to the person to whom 2 the criminal history record relates or to persons having 3 direct responsibility for employment or licensure decisions. 4 Any person who violates this paragraph commits a misdemeanor 5 of the first degree, punishable as provided in s. 775.082 or 6 s. 775.083. 7 Section 11. Subsection (4) of section 943.059, Florida 8 Statutes, is amended to read: 9 943.059 Court-ordered sealing of criminal history 10 records.--The courts of this state shall continue to have 11 jurisdiction over their own procedures, including the 12 maintenance, sealing, and correction of judicial records 13 containing criminal history information to the extent such 14 procedures are not inconsistent with the conditions, 15 responsibilities, and duties established by this section. Any 16 court of competent jurisdiction may order a criminal justice 17 agency to seal the criminal history record of a minor or an 18 adult who complies with the requirements of this section. The 19 court shall not order a criminal justice agency to seal a 20 criminal history record until the person seeking to seal a 21 criminal history record has applied for and received a 22 certificate of eligibility for sealing pursuant to subsection 23 (2). A criminal history record that relates to a violation of 24 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 25 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 26 s. 847.0145, s. 893.135, or a violation enumerated in s. 27 907.041 may not be sealed, without regard to whether 28 adjudication was withheld, if the defendant was found guilty 29 of or pled guilty or nolo contendere to the offense, or if the 30 defendant, as a minor, was found to have committed or pled 31 guilty or nolo contendere to committing the offense as a 19 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 delinquent act. The court may only order sealing of a criminal 2 history record pertaining to one arrest or one incident of 3 alleged criminal activity, except as provided in this section. 4 The court may, at its sole discretion, order the sealing of a 5 criminal history record pertaining to more than one arrest if 6 the additional arrests directly relate to the original arrest. 7 If the court intends to order the sealing of records 8 pertaining to such additional arrests, such intent must be 9 specified in the order. A criminal justice agency may not seal 10 any record pertaining to such additional arrests if the order 11 to seal does not articulate the intention of the court to seal 12 records pertaining to more than one arrest. This section does 13 not prevent the court from ordering the sealing of only a 14 portion of a criminal history record pertaining to one arrest 15 or one incident of alleged criminal activity. Notwithstanding 16 any law to the contrary, a criminal justice agency may comply 17 with laws, court orders, and official requests of other 18 jurisdictions relating to sealing, correction, or confidential 19 handling of criminal history records or information derived 20 therefrom. This section does not confer any right to the 21 sealing of any criminal history record, and any request for 22 sealing a criminal history record may be denied at the sole 23 discretion of the court. 24 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A 25 criminal history record of a minor or an adult which is 26 ordered sealed by a court of competent jurisdiction pursuant 27 to this section is confidential and exempt from the provisions 28 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution 29 and is available only to the person who is the subject of the 30 record, to the subject's attorney, to criminal justice 31 agencies for their respective criminal justice purposes, or to 20 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 those entities set forth in subparagraphs (a)1., 4., 5., and 2 6. for their respective licensing and employment purposes. 3 (a) The subject of a criminal history record sealed 4 under this section or under other provisions of law, including 5 former s. 893.14, former s. 901.33, and former s. 943.058, may 6 lawfully deny or fail to acknowledge the arrests covered by 7 the sealed record, except when the subject of the record: 8 1. Is a candidate for employment with a criminal 9 justice agency; 10 2. Is a defendant in a criminal prosecution; 11 3. Concurrently or subsequently petitions for relief 12 under this section or s. 943.0585; 13 4. Is a candidate for admission to The Florida Bar; 14 5. Is seeking to be employed or licensed by or to 15 contract with the Department of Children and Family Services 16 or the Department of Juvenile Justice or to be employed or 17 used by such contractor or licensee in a sensitive position 18 having direct contact with children, the developmentally 19 disabled, the aged, or the elderly as provided in s. 20 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 21 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 22 415.103, s. 985.407, or chapter 400; or 23 6. Is seeking to be employed or licensed by the Office 24 of Teacher Education, Certification, Staff Development, and 25 Professional Practices of the Department of Education, any 26 district school board, any university laboratory school, any 27 charter school, any private or parochial school, or any local 28 governmental entity that which licenses child care facilities. 29 (b) Subject to the exceptions in paragraph (a), a 30 person who has been granted a sealing under this section, 31 former s. 893.14, former s. 901.33, or former s. 943.058 may 21 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 not be held under any provision of law of this state to commit 2 perjury or to be otherwise liable for giving a false statement 3 by reason of such person's failure to recite or acknowledge a 4 sealed criminal history record. 5 (c) Information relating to the existence of a sealed 6 criminal record provided in accordance with the provisions of 7 paragraph (a) is confidential and exempt from the provisions 8 of s. 119.07(1) and s. 24(a), Art. I of the State 9 Constitution, except that the department shall disclose the 10 sealed criminal history record to the entities set forth in 11 subparagraphs (a)1., 4., 5., and 6. for their respective 12 licensing and employment purposes. It is unlawful for any 13 employee of an entity set forth in subparagraph (a)1., 14 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. 15 to disclose information relating to the existence of a sealed 16 criminal history record of a person seeking employment or 17 licensure with such entity or contractor, except to the person 18 to whom the criminal history record relates or to persons 19 having direct responsibility for employment or licensure 20 decisions. Any person who violates the provisions of this 21 paragraph commits a misdemeanor of the first degree, 22 punishable as provided in s. 775.082 or s. 775.083. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 1, line 9, after the semicolon 30 31 insert: 22 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 amending s. 1012.56, F.S.; prescribing an 2 affidavit for educator certification 3 eligibility requirements; creating s. 1012.561, 4 F.S.; requiring certain certified educators and 5 applicants for certification as an educator to 6 notify the employing school district of any 7 change of address; requiring the school 8 district to notify the Bureau of Educator 9 Certification of the change of address; 10 authorizing service by regular mail for certain 11 purposes; amending s. 1012.79, F.S.; amending 12 the number of members required for certain 13 panels of the Education Practices Commission; 14 amending s. 1012.795, F.S., relating to the 15 Education Practices Commission's authority to 16 discipline; revising grounds for discipline; 17 providing penalties; amending s. 1012.796, 18 F.S.; requiring certain agencies to provide 19 unredacted documents to the Department of 20 Education for purposes of investigating and 21 prosecuting certified educators and applicants 22 for certification; providing minimum standards 23 that a probationer must meet; revising 24 penalties that the Education Practices 25 Commission may impose; revising criteria for 26 the use of an order to show cause; amending s. 27 1012.798, F.S.; revising provisions relating to 28 the recovery network program for educators; 29 amending s. 943.0585, F.S.; allowing certain 30 employers of educators to have access to 31 expunged records; amending s. 943.059, F.S.; 23 10:09 AM 04/30/03 s2560.ed04.aa
SENATE AMENDMENT Bill No. CS for SB 2560 Amendment No. ___ Barcode 095040 1 allowing certain employers of educators to have 2 access to sealed records; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 24 10:09 AM 04/30/03 s2560.ed04.aa