SENATE AMENDMENT
Bill No. CS for SB 2560
Amendment No. ___ Barcode 674272
CHAMBER ACTION
Senate House
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11 Senator Clary moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 1, lines 14 through 29, delete those lines
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16 and insert:
17 Section 1. Paragraph (a) of subsection (8) of section
18 1012.79, Florida Statutes, is amended to read:
19 1012.79 Education Practices Commission;
20 organization.--
21 (8)(a) The commission shall, from time to time,
22 designate members of the commission to serve on panels for the
23 purpose of reviewing and issuing final orders upon cases
24 presented to the commission. A case concerning a complaint
25 against a teacher shall be reviewed and a final order thereon
26 shall be entered by a panel composed of five seven commission
27 members, three four of whom shall be teachers. A case
28 concerning a complaint against an administrator shall be
29 reviewed and a final order thereon shall be entered by a panel
30 composed of five seven commission members, three four of whom
31 shall be administrators.
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SENATE AMENDMENT
Bill No. CS for SB 2560
Amendment No. ___ Barcode 674272
1 Section 2. Section 1012.795, Florida Statutes, is
2 amended to read:
3 1012.795 Education Practices Commission; authority to
4 discipline.--
5 (1) The Education Practices Commission may suspend the
6 educator certificate of any person as defined in s. 1012.01(2)
7 or (3) for a period of time not to exceed 5 3 years, thereby
8 denying that person the privilege right to teach or otherwise
9 be employed in a public school in any capacity that requires
10 direct contact with students for that period of time, after
11 which the holder may return to teaching as provided in
12 subsection (4); may revoke the educator certificate of any
13 person, thereby denying that person the privilege right to
14 teach or otherwise be employed in a public school in any
15 capacity that requires direct contact with students for a
16 period of time not to exceed 10 years, with reinstatement
17 subject to the provisions of subsection (4); may revoke
18 permanently the educator certificate of any person, thereby
19 denying that person the privilege to teach or otherwise be
20 employed in a public school in any capacity that requires
21 direct contact with students; may suspend the educator
22 certificate, upon order of the court, of any person found to
23 have a delinquent child support obligation; or may impose any
24 other penalty provided by law, if provided it can be shown
25 that the person:
26 (a) Obtained or attempted to obtain an the educator
27 certificate by fraudulent means.
28 (b) Has proved to be incompetent to teach or to
29 perform duties as an employee of the public school system or
30 to teach in or to operate a private school.
31 (c) Has been guilty of gross immorality or an act
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1 involving moral turpitude.
2 (d) Has had an educator certificate sanctioned by
3 revoked in another state.
4 (e) Has been convicted of a crime in any jurisdiction
5 misdemeanor, felony, or any other criminal charge, other than
6 a minor traffic violation.
7 (f) Upon investigation, has been found guilty of
8 personal conduct which seriously reduces that person's
9 effectiveness as an employee of the district school board.
10 (g) Has breached a contract, as provided in s.
11 1012.33(2).
12 (h) Has been the subject of a court order directing
13 the Education Practices Commission to suspend the certificate
14 as a result of a delinquent child support obligation.
15 (i) Has violated the Principles of Professional
16 Conduct for the Education Profession prescribed by State Board
17 of Education rules.
18 (j) Has otherwise violated the provisions of law, the
19 penalty for which is the revocation of the educator
20 certificate.
21 (k) Has violated any order of the Education Practices
22 Commission.
23 (l) Has been the subject of a court order or plea
24 agreement in any jurisdiction which requires the
25 certificateholder to surrender or otherwise relinquish his or
26 her educator's certificate. Any surrender or relinquishment
27 constitutes a permanent revocation of the certificate. A
28 person may not surrender or otherwise relinquish his or her
29 certificate prior to a finding of probable cause by the
30 commissioner as provided in s. 1012.796.
31 (2) The plea of guilty in any court, the decision of
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1 guilty by any court, the forfeiture by the teaching
2 certificateholder of a bond in any court of law, or the
3 written acknowledgment, duly witnessed, of offenses listed in
4 subsection (1) to the district school superintendent or a duly
5 appointed representative or to the district school board shall
6 be prima facie proof of grounds for revocation of the
7 certificate as listed in subsection (1) in the absence of
8 proof by the certificateholder that the plea of guilty,
9 forfeiture of bond, or admission of guilt was caused by
10 threats, coercion, or fraudulent means.
11 (3) The revocation by the Education Practices
12 Commission of an educator certificate of any person
13 automatically revokes any and all Florida educator
14 certificates held by that person.
15 (4)(a) An educator certificate which has been
16 suspended under this section is automatically reinstated at
17 the end of the suspension period, provided the certificate did
18 not expire during the period of suspension. If the
19 certificate expired during the period of suspension, the
20 holder of the former certificate may secure a new certificate
21 by making application therefor and by meeting the
22 certification requirements of the state board current at the
23 time of the application for the new certificate. An educator
24 certificate suspended pursuant to a court order for a
25 delinquent child support obligation may only be reinstated
26 upon notice from the court that the party has complied with
27 the terms of the court order.
28 (b) A person whose educator certificate has been
29 revoked under this section may apply for a new certificate at
30 the expiration of that period of ineligibility fixed by the
31 Education Practices Commission by making application therefor
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1 and by meeting the certification requirements of the state
2 board current at the time of the application for the new
3 certificate.
4 (5) Each district school superintendent and the
5 governing authority of each university lab school,
6 state-supported school, or private school shall report to the
7 department the name of any person certified pursuant to this
8 chapter or employed and qualified pursuant to s. 1012.39:
9 (a) Who has been convicted of, or who has pled nolo
10 contendere to, a misdemeanor, felony, or any other criminal
11 charge, other than a minor traffic infraction;
12 (b) Who that official has reason to believe has
13 committed or is found to have committed any act which would be
14 a ground for revocation or suspension under subsection (1); or
15 (c) Who has been dismissed or severed from employment
16 because of conduct involving any immoral, unnatural, or
17 lascivious act.
18 (6)(a) When an individual violates any provision of
19 the provisions of a settlement agreement enforced by a final
20 order of the Education Practices Commission, the Department of
21 Education may request that an order to show cause may be
22 issued by the clerk of the commission issue an order to show
23 cause. The order shall require the individual to appear before
24 the commission to show cause why further penalties should not
25 be levied against the individual's certificate pursuant to the
26 authority provided to the Education Practices Commission in
27 subsection (1). The Education Practices Commission may fashion
28 further penalties under the authority of subsection (1) as it
29 deems deemed appropriate upon considering when the show cause
30 order is responded to by the individual.
31 (b) The Education Practices Commission shall issue a
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1 final order revoking an individual's Florida educator's
2 certificate for a minimum of 1 year if the individual has been
3 the subject of sanctions by the Education Practices Commission
4 on two previous occasions. under the following circumstances:
5 1. If the individual:
6 a. Has been found to have violated the provisions of
7 this section, such that the Education Practices Commission has
8 the authority to discipline the individual's Florida
9 educator's certificate on two separate occasions;
10 b. Has twice entered into a settlement agreement
11 enforced by a final order of the Education Practices
12 Commission; or
13 c. Has been found to have violated the provisions of
14 this section, such that the Education Practices Commission has
15 the authority to discipline the individual's Florida
16 educator's certificate on one occasion and entered into a
17 settlement agreement enforced by a final order of the
18 Education Practices Commission on one occasion; and
19 2. A third finding of probable cause and a finding
20 that the allegations are proven or admitted to is subsequently
21 found by the Commissioner of Education.
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23 If, in the third instance, the individual enters into a
24 settlement agreement with the Department of Education, that
25 agreement shall also include a penalty revoking that
26 individual's Florida educator's certificate for a minimum of 1
27 year.
28 Section 3. Paragraph (d) is added to subsection (1) of
29 section 1012.796, Florida Statutes, and subsections (6), (7),
30 and (8) of that section are amended, to read:
31 1012.796 Complaints against teachers and
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1 administrators; procedure; penalties.--
2 (1)
3 (d) Notwithstanding any other provision of law to the
4 contrary, all law enforcement agencies, state attorneys,
5 social service agencies, and district school boards, and the
6 Division of Administrative Hearings, shall fully cooperate
7 with, and upon request shall provide unredacted documents to,
8 the Department of Education to further investigations and
9 prosecutions conducted as authorized by this section. Any such
10 document may not be redisclosed except as authorized by law.
11 (6) Upon the finding of probable cause, the
12 commissioner shall file a formal complaint and prosecute the
13 complaint pursuant to the provisions of chapter 120, except as
14 provided in s. 1012.561. An administrative law judge shall be
15 assigned by the Division of Administrative Hearings of the
16 Department of Management Services to hear the complaint if
17 there are disputed issues of material fact. The administrative
18 law judge shall make recommendations in accordance with the
19 provisions of subsection (7) to the appropriate Education
20 Practices Commission panel which shall conduct a formal review
21 of such recommendations and other pertinent information and
22 issue a final order. The commission shall consult with its
23 legal counsel prior to issuance of a final order.
24 (7) A panel of the commission shall enter a final
25 order either dismissing the complaint or imposing one or more
26 of the following penalties:
27 (a) Denial of an application for a teaching
28 certificate or for an administrative or supervisory
29 endorsement on a teaching certificate. The denial may provide
30 that the applicant may not reapply for certification, and that
31 the department may refuse to consider that applicant's
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1 application, for a specified period of time or permanently.
2 (b) Revocation or suspension of a certificate.
3 (c) Imposition of an administrative fine not to exceed
4 $2,000 for each count or separate offense.
5 (d) Placement of the teacher, administrator, or
6 supervisor on probation for a period of time and subject to
7 such conditions as the commission may specify, including
8 requiring the certified teacher, administrator, or supervisor
9 to complete additional appropriate college courses or work
10 with another certified educator, with the administrative costs
11 of monitoring the probation assessed to the educator placed on
12 probation. At a minimum, an educator who is on probation
13 shall:
14 1. Immediately notify the Bureau of Educator Standards
15 upon his or her employment or termination of employment in the
16 state in any public or private position that requires a
17 Florida educator's certificate.
18 2. Have his or her immediate supervisor submit annual
19 performance reports to the Bureau of Educator Standards.
20 3. Pay to the commission within the first 6 months of
21 each probation year the administrative costs of monitoring
22 probation which have been assessed to him or her.
23 4. Not violate any law and shall fully comply with all
24 district school board policies, school rules, and State Board
25 of Education rules.
26 5. Satisfactorily perform his or her assigned duties
27 in a competent, professional manner.
28 6. Bear all costs of complying with the terms of a
29 final order entered by the commission.
30 (e) Restriction of the authorized scope of practice of
31 the teacher, administrator, or supervisor.
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1 (f) Reprimand of the teacher, administrator, or
2 supervisor in writing, with a copy to be placed in the
3 certification file of such person.
4 (g) Imposition of an administrative sanction, upon a
5 person whose teaching certificate has expired, for an act or
6 acts committed while that person possessed a teaching
7 certificate or an expired certificate subject to late renewal,
8 which sanction bars that person from applying for a new
9 certificate for a period of 10 years or less, or permanently.
10 (h) Refer the teacher, administrator, or supervisor to
11 the recovery network program provided in s. 1012.798 under
12 such terms and conditions as the commission specifies.
13 (8) Violations of the provisions of a final order
14 probation shall result in an order to show cause issued by the
15 clerk of the Education Practices Commission when requested by
16 the Department of Education. Upon failure of the educator
17 probationer, at the time and place stated in the order, to
18 show cause satisfactorily to the Education Practices
19 Commission why a penalty for violating the provisions of a
20 final order probation should not be imposed, the Education
21 Practices Commission shall impose whatever penalty is
22 appropriate as established in s. 1012.795(6). Any probation
23 period will be tolled when an order to show cause has been
24 issued until the issue is resolved by the Education Practices
25 Commission.
26 Section 4. Subsections (1), (3), and (10) and
27 paragraph (c) of subsection (6) of section 1012.798, Florida
28 Statutes, are amended to read:
29 1012.798 Recovery network program for educators.--
30 (1) RECOVERY NETWORK ESTABLISHED.--There is created
31 within the Department of Education, a recovery network program
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1 to assist educators who are impaired as a result of alcohol
2 abuse, drug abuse, or a mental condition in obtaining
3 treatment to permit their continued contribution to the
4 education profession. Any person who has applied for or holds
5 certification issued by the department pursuant to s. 1012.56
6 is eligible for the program assistance. The individual may
7 enter the program voluntarily or may be directed to
8 participate through a deferred prosecution agreement with the
9 Commissioner of Education or a final order of the Education
10 Practices Commission pursuant to s. 1012.796.
11 (3) PURPOSE.--The recovery network program shall
12 assist educators in obtaining treatment and services from
13 approved treatment providers, but each impaired educator must
14 pay for his or her treatment under terms and conditions agreed
15 upon by the impaired educator and the treatment provider. A
16 person who is admitted to the recovery network program must
17 contract with the treatment provider and the program. The
18 treatment contract must prescribe the type of treatment and
19 the responsibilities of the impaired educator and of the
20 provider and must provide that the impaired educator's
21 progress will be monitored by the recovery network program.
22 (6) PARTICIPATION.--The recovery network program shall
23 operate independently of employee assistance programs operated
24 by local school districts, and the powers and duties of school
25 districts to make employment decisions, including disciplinary
26 decisions, is not affected except as provided in this section:
27 (c) A person who has not previously been under
28 investigation by the department may be enrolled in a treatment
29 program by the recovery network program after an investigation
30 pursuant to s. 1012.796 has commenced, if the person:
31 1. Acknowledges his or her impairment.
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1 2. Agrees to evaluation, as approved by the recovery
2 network.
3 3. Agrees to enroll in an appropriate treatment
4 program approved by the recovery network.
5 4. Executes releases for all medical and treatment
6 records regarding his or her impairment and participation in a
7 treatment program to the recovery network, pursuant to 42
8 U.S.C. s. 290dd-3 and the federal regulations adopted
9 thereunder.
10 5. Enters into a deferred prosecution agreement with
11 the commissioner, which provides that no prosecution shall be
12 instituted concerning the matters enumerated in the agreement
13 if the person is properly enrolled in the treatment program
14 and successfully completes the program as certified by the
15 recovery network. The commissioner is under no obligation to
16 enter into a deferred prosecution agreement with the educator
17 but may do so if he or she determines that it is in the best
18 interest of the educational program of the state and the
19 educator:.
20 a.6. Has not previously entered a substance abuse
21 program.
22 b.7. Is not being investigated for any action
23 involving commission of a felony or violent act against
24 another person.
25 c.8. Has not had multiple arrests for minor drug use,
26 possession, or abuse of alcohol.
27 (10) DECLARATION OF INELIGIBILITY.--
28 (a) A person may be declared ineligible for further
29 assistance from the recovery network program if he or she does
30 not progress satisfactorily in a treatment program or leaves a
31 prescribed program or course of treatment without the approval
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1 of the treatment provider.
2 (b) The determination of ineligibility must be made by
3 the commissioner in cases referred to him or her by the
4 program administrator or his or her designee after review of
5 the circumstances of the case. Before referring a case to the
6 commissioner, the administrator must discuss the circumstances
7 with the treatment provider. The commissioner may direct the
8 Office of Professional Practices Services to investigate the
9 case and provide a report.
10 (c) If a treatment through contract with the program
11 is a condition of a deferred prosecution agreement, and the
12 program administrator commissioner determines that the person
13 is ineligible for further assistance, the commissioner may
14 agree to modify the terms and conditions of the deferred
15 prosecution agreement or may issue an administrative
16 complaint, pursuant to s. 1012.796, alleging the charges
17 regarding which prosecution was deferred. The person may
18 dispute the determination as an affirmative defense to the
19 administrative complaint by including with his or her request
20 for hearing on the administrative complaint a written
21 statement setting forth the facts and circumstances that show
22 that the determination of ineligibility was erroneous. If
23 administrative proceedings regarding the administrative
24 complaint, pursuant to ss. 120.569 and 120.57, result in a
25 finding that the determination of ineligibility was erroneous,
26 the person is eligible to participate in the program. If the
27 determination of ineligibility was the only reason for setting
28 aside the deferred prosecution agreement and issuing the
29 administrative complaint and the administrative proceedings
30 result in a finding that the determination was erroneous, the
31 complaint shall be dismissed and the deferred prosecution
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1 agreement reinstated without prejudice to the commissioner's
2 right to reissue the administrative complaint for other
3 breaches of the agreement.
4 (d) If a treatment through contract with the program
5 is a condition of a final order of the Education Practices
6 Commission, the program administrator's commissioner's
7 determination of ineligibility constitutes a finding of
8 probable cause that the person failed to comply with the final
9 order. Pursuant to ss. 1012.795 and 1012.796, upon the request
10 of the Department of Education, the clerk of the Education
11 Practices Commission shall issue to the educator an order to
12 show cause, or the commissioner may shall issue an
13 administrative complaint, and the case shall proceed under ss.
14 1012.795 and 1012.796, in the same manner as in cases based on
15 a failure to comply with an order of the Education Practices
16 Commission.
17 (e) If the person voluntarily entered into a treatment
18 contract with the program, the program administrator
19 commissioner shall issue a written notice stating the reasons
20 for the determination of ineligibility. Within 20 days after
21 the date of such notice, the person may contest the
22 determination of ineligibility pursuant to ss. 120.569 and
23 120.57.
24 Section 5. Subsection (4) of section 943.0585, Florida
25 Statutes, is amended to read:
26 943.0585 Court-ordered expunction of criminal history
27 records.--The courts of this state have jurisdiction over
28 their own procedures, including the maintenance, expunction,
29 and correction of judicial records containing criminal history
30 information to the extent such procedures are not inconsistent
31 with the conditions, responsibilities, and duties established
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1 by this section. Any court of competent jurisdiction may order
2 a criminal justice agency to expunge the criminal history
3 record of a minor or an adult who complies with the
4 requirements of this section. The court shall not order a
5 criminal justice agency to expunge a criminal history record
6 until the person seeking to expunge a criminal history record
7 has applied for and received a certificate of eligibility for
8 expunction pursuant to subsection (2). A criminal history
9 record that relates to a violation of s. 787.025, chapter 794,
10 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
11 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
12 893.135, or a violation enumerated in s. 907.041 may not be
13 expunged, without regard to whether adjudication was withheld,
14 if the defendant was found guilty of or pled guilty or nolo
15 contendere to the offense, or if the defendant, as a minor,
16 was found to have committed, or pled guilty or nolo contendere
17 to committing, the offense as a delinquent act. The court may
18 only order expunction of a criminal history record pertaining
19 to one arrest or one incident of alleged criminal activity,
20 except as provided in this section. The court may, at its sole
21 discretion, order the expunction of a criminal history record
22 pertaining to more than one arrest if the additional arrests
23 directly relate to the original arrest. If the court intends
24 to order the expunction of records pertaining to such
25 additional arrests, such intent must be specified in the
26 order. A criminal justice agency may not expunge any record
27 pertaining to such additional arrests if the order to expunge
28 does not articulate the intention of the court to expunge a
29 record pertaining to more than one arrest. This section does
30 not prevent the court from ordering the expunction of only a
31 portion of a criminal history record pertaining to one arrest
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1 or one incident of alleged criminal activity. Notwithstanding
2 any law to the contrary, a criminal justice agency may comply
3 with laws, court orders, and official requests of other
4 jurisdictions relating to expunction, correction, or
5 confidential handling of criminal history records or
6 information derived therefrom. This section does not confer
7 any right to the expunction of any criminal history record,
8 and any request for expunction of a criminal history record
9 may be denied at the sole discretion of the court.
10 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
11 criminal history record of a minor or an adult which is
12 ordered expunged by a court of competent jurisdiction pursuant
13 to this section must be physically destroyed or obliterated by
14 any criminal justice agency having custody of such record;
15 except that any criminal history record in the custody of the
16 department must be retained in all cases. A criminal history
17 record ordered expunged that is retained by the department is
18 confidential and exempt from the provisions of s. 119.07(1)
19 and s. 24(a), Art. I of the State Constitution and not
20 available to any person or entity except upon order of a court
21 of competent jurisdiction. A criminal justice agency may
22 retain a notation indicating compliance with an order to
23 expunge.
24 (a) The person who is the subject of a criminal
25 history record that is expunged under this section or under
26 other provisions of law, including former s. 893.14, former s.
27 901.33, and former s. 943.058, may lawfully deny or fail to
28 acknowledge the arrests covered by the expunged record, except
29 when the subject of the record:
30 1. Is a candidate for employment with a criminal
31 justice agency;
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1 2. Is a defendant in a criminal prosecution;
2 3. Concurrently or subsequently petitions for relief
3 under this section or s. 943.059;
4 4. Is a candidate for admission to The Florida Bar;
5 5. Is seeking to be employed or licensed by or to
6 contract with the Department of Children and Family Services
7 or the Department of Juvenile Justice or to be employed or
8 used by such contractor or licensee in a sensitive position
9 having direct contact with children, the developmentally
10 disabled, the aged, or the elderly as provided in s.
11 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
12 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
13 985.407, or chapter 400; or
14 6. Is seeking to be employed or licensed by the Office
15 of Teacher Education, Certification, Staff Development, and
16 Professional Practices of the Department of Education, any
17 district school board, any university laboratory school, any
18 charter school, any private or parochial school, or any local
19 governmental entity that licenses child care facilities.
20 (b) Subject to the exceptions in paragraph (a), a
21 person who has been granted an expunction under this section,
22 former s. 893.14, former s. 901.33, or former s. 943.058 may
23 not be held under any provision of law of this state to commit
24 perjury or to be otherwise liable for giving a false statement
25 by reason of such person's failure to recite or acknowledge an
26 expunged criminal history record.
27 (c) Information relating to the existence of an
28 expunged criminal history record which is provided in
29 accordance with paragraph (a) is confidential and exempt from
30 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
31 State Constitution, except that the department shall disclose
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1 the existence of a criminal history record ordered expunged to
2 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
3 for their respective licensing and employment purposes, and to
4 criminal justice agencies for their respective criminal
5 justice purposes. It is unlawful for any employee of an entity
6 set forth in subparagraph (a)1., subparagraph (a)4.,
7 subparagraph (a)5., or subparagraph (a)6. to disclose
8 information relating to the existence of an expunged criminal
9 history record of a person seeking employment or licensure
10 with such entity or contractor, except to the person to whom
11 the criminal history record relates or to persons having
12 direct responsibility for employment or licensure decisions.
13 Any person who violates this paragraph commits a misdemeanor
14 of the first degree, punishable as provided in s. 775.082 or
15 s. 775.083.
16 Section 6. Subsection (4) of section 943.059, Florida
17 Statutes, is amended to read:
18 943.059 Court-ordered sealing of criminal history
19 records.--The courts of this state shall continue to have
20 jurisdiction over their own procedures, including the
21 maintenance, sealing, and correction of judicial records
22 containing criminal history information to the extent such
23 procedures are not inconsistent with the conditions,
24 responsibilities, and duties established by this section. Any
25 court of competent jurisdiction may order a criminal justice
26 agency to seal the criminal history record of a minor or an
27 adult who complies with the requirements of this section. The
28 court shall not order a criminal justice agency to seal a
29 criminal history record until the person seeking to seal a
30 criminal history record has applied for and received a
31 certificate of eligibility for sealing pursuant to subsection
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Amendment No. ___ Barcode 674272
1 (2). A criminal history record that relates to a violation of
2 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
3 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
4 s. 847.0145, s. 893.135, or a violation enumerated in s.
5 907.041 may not be sealed, without regard to whether
6 adjudication was withheld, if the defendant was found guilty
7 of or pled guilty or nolo contendere to the offense, or if the
8 defendant, as a minor, was found to have committed or pled
9 guilty or nolo contendere to committing the offense as a
10 delinquent act. The court may only order sealing of a criminal
11 history record pertaining to one arrest or one incident of
12 alleged criminal activity, except as provided in this section.
13 The court may, at its sole discretion, order the sealing of a
14 criminal history record pertaining to more than one arrest if
15 the additional arrests directly relate to the original arrest.
16 If the court intends to order the sealing of records
17 pertaining to such additional arrests, such intent must be
18 specified in the order. A criminal justice agency may not seal
19 any record pertaining to such additional arrests if the order
20 to seal does not articulate the intention of the court to seal
21 records pertaining to more than one arrest. This section does
22 not prevent the court from ordering the sealing of only a
23 portion of a criminal history record pertaining to one arrest
24 or one incident of alleged criminal activity. Notwithstanding
25 any law to the contrary, a criminal justice agency may comply
26 with laws, court orders, and official requests of other
27 jurisdictions relating to sealing, correction, or confidential
28 handling of criminal history records or information derived
29 therefrom. This section does not confer any right to the
30 sealing of any criminal history record, and any request for
31 sealing a criminal history record may be denied at the sole
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SENATE AMENDMENT
Bill No. CS for SB 2560
Amendment No. ___ Barcode 674272
1 discretion of the court.
2 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
3 criminal history record of a minor or an adult which is
4 ordered sealed by a court of competent jurisdiction pursuant
5 to this section is confidential and exempt from the provisions
6 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
7 and is available only to the person who is the subject of the
8 record, to the subject's attorney, to criminal justice
9 agencies for their respective criminal justice purposes, or to
10 those entities set forth in subparagraphs (a)1., 4., 5., and
11 6. for their respective licensing and employment purposes.
12 (a) The subject of a criminal history record sealed
13 under this section or under other provisions of law, including
14 former s. 893.14, former s. 901.33, and former s. 943.058, may
15 lawfully deny or fail to acknowledge the arrests covered by
16 the sealed record, except when the subject of the record:
17 1. Is a candidate for employment with a criminal
18 justice agency;
19 2. Is a defendant in a criminal prosecution;
20 3. Concurrently or subsequently petitions for relief
21 under this section or s. 943.0585;
22 4. Is a candidate for admission to The Florida Bar;
23 5. Is seeking to be employed or licensed by or to
24 contract with the Department of Children and Family Services
25 or the Department of Juvenile Justice or to be employed or
26 used by such contractor or licensee in a sensitive position
27 having direct contact with children, the developmentally
28 disabled, the aged, or the elderly as provided in s.
29 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
30 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
31 415.103, s. 985.407, or chapter 400; or
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SENATE AMENDMENT
Bill No. CS for SB 2560
Amendment No. ___ Barcode 674272
1 6. Is seeking to be employed or licensed by the Office
2 of Teacher Education, Certification, Staff Development, and
3 Professional Practices of the Department of Education, any
4 district school board, any university laboratory school, any
5 charter school, any private or parochial school, or any local
6 governmental entity that which licenses child care facilities.
7 (b) Subject to the exceptions in paragraph (a), a
8 person who has been granted a sealing under this section,
9 former s. 893.14, former s. 901.33, or former s. 943.058 may
10 not be held under any provision of law of this state to commit
11 perjury or to be otherwise liable for giving a false statement
12 by reason of such person's failure to recite or acknowledge a
13 sealed criminal history record.
14 (c) Information relating to the existence of a sealed
15 criminal record provided in accordance with the provisions of
16 paragraph (a) is confidential and exempt from the provisions
17 of s. 119.07(1) and s. 24(a), Art. I of the State
18 Constitution, except that the department shall disclose the
19 sealed criminal history record to the entities set forth in
20 subparagraphs (a)1., 4., 5., and 6. for their respective
21 licensing and employment purposes. It is unlawful for any
22 employee of an entity set forth in subparagraph (a)1.,
23 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
24 to disclose information relating to the existence of a sealed
25 criminal history record of a person seeking employment or
26 licensure with such entity or contractor, except to the person
27 to whom the criminal history record relates or to persons
28 having direct responsibility for employment or licensure
29 decisions. Any person who violates the provisions of this
30 paragraph commits a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083.
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SENATE AMENDMENT
Bill No. CS for SB 2560
Amendment No. ___ Barcode 674272
1
2 (Redesignate subsequent sections.)
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 1, line 3, after the semicolon through line 9,
8 after the semicolon, delete those lines
9
10 and insert: amending s. 1012.79, F.S.; amending the number of
11 members required for certain panels of the Education Practices
12 Commission; amending s. 1012.795, F.S., relating to the
13 Education Practices Commission's authority to discipline;
14 revising grounds for discipline; providing penalties; amending
15 s. 1012.796, F.S.; requiring certain agencies to provide
16 unredacted documents to the Department of Education for
17 purposes of investigating and prosecuting certified educators
18 and applicants for certification; providing minimum standards
19 that a probationer must meet; revising penalties that the
20 Education Practices Commission may impose; revising criteria
21 for the use of an order to show cause; amending s. 1012.798,
22 F.S.; revising provisions relating to the recovery network
23 program for educators; amending s. 943.0585, F.S.; allowing
24 certain employers of educators to have access to expunged
25 records; amending s. 943.059, F.S.; allowing certain employers
26 of educators to have access to sealed records;
27
28
29
30
31
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