CS for CS for CS for SB 1712 First Engrossed

20081712e1

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A bill to be entitled

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An act relating to ethics; providing a short title;

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amending s. 24.121, F.S., relating to public school

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funding; conforming cross-references; amending s.

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112.3173, F.S.; specifying certain felony offenses against

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a minor as additional offenses that constitute a breach of

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the public trust; requiring a person committing such an

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offense to forfeit benefits under certain public

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retirement systems; amending s. 121.091, F.S.; prohibiting

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the Division of Retirement from paying benefits to a

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member who commits certain felony offenses against a

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minor; conforming a cross-reference; creating ss. 794.09

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and 800.05, F.S.; providing notice in the criminal

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statutes that certain retirement benefits are subject to

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forfeiture for committing certain felony offenses against

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a minor; amending s. 1001.10, F.S.; requiring the

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Department of Education to assist school districts,

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charter schools, the Florida School for the Deaf and the

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Blind, and private schools that accept school choice

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scholarship students in developing policies, procedures,

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and training related to employment practices and standards

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of ethical conduct; requiring the department to provide

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authorized staff with access to certain databases for

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employment history verification; amending s. 1001.32,

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F.S., relating to school administration; conforming a

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cross-reference; amending s. 1001.42, F.S.; requiring each

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district school board to adopt standards of ethical

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conduct and provide training for instructional personnel

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and school administrators; prohibiting confidentiality

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agreements regarding terminated or dismissed instructional

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personnel and school administrators which have the effect

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of concealing certain misconduct; prohibiting a school

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district from providing employment references for

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specified personnel and administrators except under

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certain circumstances; requiring a person who committed

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certain crimes to be disqualified from employment in

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certain positions in a district school system under

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specified conditions; providing that a district school

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board official who knowingly signs and transmits a false

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or incorrect report, or fails to adopt certain policies,

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forfeits his or her salary for a specified period;

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amending s. 1001.452, F.S., relating to district and

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school advisory councils; conforming cross-references;

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amending s. 1001.51, F.S.; providing that a district

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school superintendent forfeits his or her salary for a

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specified period following failure to investigate and

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report allegations of certain misconduct by specified

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personnel or administrators; amending ss. 1001.54 and

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1002.32, F.S., relating to duties of principals and

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laboratory schools; conforming cross-references; amending

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s. 1002.33, F.S.; requiring a person who committed certain

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crimes to be disqualified from employment in certain

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positions in a charter school under specified conditions;

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requiring charter schools to adopt standards of ethical

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conduct and provide training for all instructional

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personnel and school administrators; prohibiting

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confidentiality agreements regarding terminated or

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dismissed instructional personnel and school

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administrators which have the effect of concealing certain

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misconduct; prohibiting a charter school from providing

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employment references for specified personnel and

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administrators except under certain circumstances;

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requiring a charter school to contact the previous

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employer, and verify the employment history against

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certain databases, of persons seeking employment in

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certain positions; requiring a charter school's sponsor to

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terminate the school's charter for failing to comply with

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these requirements; amending s. 1002.36, F.S.; requiring

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the Florida School for the Deaf and the Blind to meet

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certain requirements governing the screening of personnel;

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amending s. 1002.421, F.S.; requiring a person who

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committed certain crimes to be disqualified from

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employment in certain positions in a private school that

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accepts certain scholarship students under specified

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conditions; requiring certain private schools to adopt

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standards of ethical conduct and provide training for all

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instructional personnel and school administrators;

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prohibiting confidentiality agreements regarding

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terminated or dismissed instructional personnel or school

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administrators which have the effect of concealing certain

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misconduct; prohibiting a private school from providing

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employment references for specified personnel and

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administrators except under certain circumstances;

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requiring a private school to contact the previous

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employer, and verify the employment history against

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certain databases, of persons seeking employment in

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certain positions; requiring the Department of Education

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to suspend enrollment of new students and the payment of

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funds to a private school failing to comply with these

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requirements; amending ss. 1003.413, 1003.53, and 1004.92,

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F.S., relating to educational instruction and programs;

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conforming cross-references; amending s. 1006.061, F.S.;

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requiring district school boards, charter schools, and

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private schools that accept certain scholarship students

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to post policies for reporting child abuse and misconduct

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by specified personnel and administrators; requiring the

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principal of such schools to act as a liaison in suspected

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cases of child abuse; requiring the Department of

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Education to publish sample notices; amending ss. 1008.33,

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1008.345, 1010.215, and 1011.18, F.S., relating to

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accountability procedures; conforming cross-references;

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amending s. 1012.27, F.S.; requiring the district school

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superintendent to contact the previous employer, and

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verify the employment history against certain databases,

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of persons seeking employment in certain positions;

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creating s. 1012.315, F.S.; specifying offenses that

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disqualify instructional personnel and school

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administrators from employment in certain positions that

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require direct contact with students; amending s. 1012.32,

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F.S.; requiring specified personnel or administrators who

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committed certain crimes to be disqualified from

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employment in certain positions in a district school

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system or charter school under specified conditions;

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amending s. 1012.33, F.S.; providing that just cause for

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terminating instructional staff includes immorality or

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commission of certain crimes; amending s. 1012.34, F.S.,

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relating to assessment procedures; conforming a cross-

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reference; amending s. 1012.56, F.S., relating to

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certification requirements for educators; revising

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requirements for conducting state and federal criminal

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records checks of persons seeking certification; requiring

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a person who committed certain crimes to be ineligible for

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certification under specified conditions; providing for

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the Department of Education to maintain educator records

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in an electronic database; amending s. 1012.79, F.S.;

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providing for additional members to be appointed to the

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Education Practices Commission; revising the composition

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of panels appointed to review complaints against teachers

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and administrators; amending s. 1012.795, F.S.; providing

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for the suspension of the educator certificate of a person

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who knowingly fails to report child abuse or misconduct by

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specified personnel or administrators; clarifying

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authority of the commission to discipline educators who

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commit certain crimes; amending s. 1012.796, F.S.;

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requiring the Department of Education to investigate each

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complaint involving misconduct by certificated personnel;

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clarifying what constitutes a legally sufficient

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complaint; providing requirements for school board

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policies and procedures relating to standards of ethical

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conduct; providing that the district school superintendent

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is accountable for training of instructional personnel and

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school administrators on the standards, policies, and

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procedures; requiring employers of certificated personnel

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to report misconduct by such personnel to the Department

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of Education; requiring that instructional personnel or

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school administrators be immediately suspended and

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reassigned under certain circumstances; amending ss.

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1012.98 and 1013.03, F.S., relating to the School

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Community Professional Development Act and functions of

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the Department of Education and Board of Governors;

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conforming cross-references; providing an appropriation

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and authorizing additional positions; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Ethics in

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Education Act."

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     Section 2.  Paragraphs (c) and (d) of subsection (5) of

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section 24.121, Florida Statutes, are amended to read:

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     24.121  Allocation of revenues and expenditure of funds for

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public education.--

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     (5)

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     (c)  A portion of such net revenues, as determined annually

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by the Legislature, shall be distributed to each school district

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and shall be made available to each public school in the district

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for enhancing school performance through development and

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implementation of a school improvement plan pursuant to s.

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1001.42(18) s. 1001.42(16). A portion of these moneys, as

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determined annually in the General Appropriations Act, must be

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allocated to each school in an equal amount for each student

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enrolled. These moneys may be expended only on programs or

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projects selected by the school advisory council or by a parent

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advisory committee created pursuant to this paragraph. If a

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school does not have a school advisory council, the district

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advisory council must appoint a parent advisory committee

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composed of parents of students enrolled in that school, which

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committee is representative of the ethnic, racial, and economic

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community served by the school, to advise the school's principal

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on the programs or projects to be funded. Neither school district

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staff nor principals may override the recommendations of the

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school advisory council or the parent advisory committee. These

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moneys may not be used for capital improvements or, nor may they

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be used for any project or program that has a duration of more

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than 1 year; however, a school advisory council or parent

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advisory committee may independently determine that a program or

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project formerly funded under this paragraph should receive funds

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in a subsequent year.

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     (d)  No funds shall be released for any purpose from the

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Educational Enhancement Trust Fund to any school district in

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which one or more schools do not have an approved school

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improvement plan pursuant to s. 1001.42(18) s. 1001.42(16) or do

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not comply with school advisory council membership composition

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requirements pursuant to s. 1001.452(1). The Commissioner of

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Education shall withhold disbursements from the trust fund to any

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school district that fails to adopt the performance-based salary

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schedule required by s. 1012.22(1).

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     Section 3.  Paragraph (e) of subsection (2) of section

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112.3173, Florida Statutes, is amended to read:

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     112.3173  Felonies involving breach of public trust and

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other specified offenses by public officers and employees;

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forfeiture of retirement benefits.--

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     (2)  DEFINITIONS.--As used in this section, unless the

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context otherwise requires, the term:

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     (e)  "Specified offense" means:

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     1.  The committing, aiding, or abetting of an embezzlement

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of public funds;

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     2.  The committing, aiding, or abetting of any theft by a

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public officer or employee from his or her employer;

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     3.  Bribery in connection with the employment of a public

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officer or employee;

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     4.  Any felony specified in chapter 838, except ss. 838.15

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and 838.16;

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     5. The committing of an impeachable offense; or

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     6.  The committing of any felony by a public officer or

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employee who, willfully and with intent to defraud the public or

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the public agency for which the public officer or employee acts

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or in which he or she is employed of the right to receive the

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faithful performance of his or her duty as a public officer or

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employee, realizes or obtains, or attempts to realize or obtain,

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a profit, gain, or advantage for himself or herself or for some

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other person through the use or attempted use of the power,

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rights, privileges, duties, or position of his or her public

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office or employment position; or.

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     7. The committing on or after October 1, 2008, of any

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felony defined in s. 800.04 against a victim younger than 16

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years of age, or any felony defined in chapter 794 against a

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victim younger than 18 years of age, by a public officer or

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employee through the use or attempted use of power, rights,

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privileges, duties, or position of his or her public office or

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employment position.

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     Section 4.  Paragraph (i) of subsection (5) of section

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121.091, Florida Statutes, is redesignated as paragraph (j),

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present paragraph (j) is redesignated as paragraph (k) and

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amended, and a new paragraph (i) is added to that subsection, to

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read:

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     121.091  Benefits payable under the system.--Benefits may

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not be paid under this section unless the member has terminated

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employment as provided in s. 121.021(39)(a) or begun

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participation in the Deferred Retirement Option Program as

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provided in subsection (13), and a proper application has been

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filed in the manner prescribed by the department. The department

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may cancel an application for retirement benefits when the member

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or beneficiary fails to timely provide the information and

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documents required by this chapter and the department's rules.

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The department shall adopt rules establishing procedures for

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application for retirement benefits and for the cancellation of

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such application when the required information or documents are

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not received.

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     (5)  TERMINATION BENEFITS.--A member whose employment is

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terminated prior to retirement retains membership rights to

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previously earned member-noncontributory service credit, and to

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member-contributory service credit, if the member leaves the

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member contributions on deposit in his or her retirement account.

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If a terminated member receives a refund of member contributions,

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such member may reinstate membership rights to the previously

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earned service credit represented by the refund by completing 1

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year of creditable service and repaying the refunded member

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contributions, plus interest.

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     (i) The division may not pay benefits to any member

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convicted of a felony committed on or after October 1, 2008,

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defined in s. 800.04 against a victim younger than 16 years of

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age, or defined in chapter 794 against a victim younger than 18

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years of age, through the use or attempted use of power, rights,

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privileges, duties, or position of the member's public office or

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employment position. However, the division shall return the

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member's accumulated contributions, if any, that the member

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accumulated as of the date of conviction.

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     (k)(j) Benefits shall not be paid by the division pending

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final resolution of such charges against a member or beneficiary

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if the resolution of such charges could require the forfeiture of

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benefits as provided in paragraph (f), paragraph (g), paragraph

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(h), or paragraph (i), or paragraph (j).

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     Section 5.  Section 794.09, Florida Statutes, is created to

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read:

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     794.09 Forfeiture of retirement benefits.--The retirement

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benefits of a person convicted of a felony committed on or after

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October 1, 2008, under this chapter are subject to forfeiture in

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accordance with s. 112.3173 or s. 121.091 if the person is a

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public officer or employee when the offense occurs; the person

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commits the offense through the use or attempted use of power,

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rights, privileges, duties, or position of the person's public

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office or employment position; and the victim is younger than 18

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years of age when the offense occurs.

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     Section 6.  Section 800.05, Florida Statutes, is created to:

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     800.05 Forfeiture of retirement benefits for a felony

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defined in s. 800.04.--The retirement benefits of a person

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convicted of a felony committed on or after October 1, 2008,

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defined in s. 800.04 are subject to forfeiture in accordance with

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s. 112.3173 or s. 121.091 if the person is a public officer or

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employee when the offense occurs; the person commits the offense

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through the use or attempted use of power, rights, privileges,

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duties, or position of the person's public office or employment

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position; and the victim is younger than 16 years of age when the

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offense occurs.

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     Section 7.  Subsection (4) of section 1001.10, Florida

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Statutes, is renumbered as subsection (6) and new subsections (4)

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and (5) are added to that section to read:

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     1001.10  Commissioner of Education; general powers and

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duties.--

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     (4) The Department of Education shall provide technical

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assistance to school districts, charter schools, the Florida

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School for the Deaf and the Blind, and private schools that

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accept scholarship students under s. 220.187 or s. 1002.39 in the

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development of policies, procedures, and training related to

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employment practices and standards of ethical conduct for

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instructional personnel and school administrators, as defined in

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s. 1012.01.

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     (5) The Department of Education shall provide authorized

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staff of school districts, charter schools, the Florida School

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for the Deaf and the Blind, and private schools that accept

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scholarship students under s. 220.187 or s. 1002.39 with access

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to electronic verification of information from the following

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employment screening tools:

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     (a) The Professional Practices' Database of Disciplinary

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Actions Against Educators; and

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     (b) The Department of Education's Teacher Certification

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Database.

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This subsection does not require the department to provide these

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staff with unlimited access to the databases. However, the

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department shall provide the staff with access to the data

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necessary for performing employment history checks of the

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instructional personnel and school administrators included in the

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databases.

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     Section 8.  Subsection (4) of section 1001.32, Florida

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Statutes, is amended to read:

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     1001.32  Management, control, operation, administration, and

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supervision.--The district school system must be managed,

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controlled, operated, administered, and supervised as follows:

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     (4)  SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for

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the administration of any school or schools at a given school

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center, for the supervision of instruction therein, and for

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providing leadership in the development or revision and

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implementation of a school improvement plan required by s.

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1001.42(18) pursuant to s. 1001.42(16) shall be delegated to the

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school principal or head of the school or schools in accordance

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with rules established by the district school board.

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     Section 9.  Subsections (6) through (23) of section 1001.42,

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Florida Statutes, are renumbered as subsections (8) through (25),

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respectively, and new subsections (6) and (7) are added to that

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section to read:

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     1001.42  Powers and duties of district school board.--The

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district school board, acting as a board, shall exercise all

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powers and perform all duties listed below:

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     (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL

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PERSONNEL AND SCHOOL ADMINISTRATORS.--Adopt policies establishing

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standards of ethical conduct for instructional personnel and

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school administrators. The policies must require all

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instructional personnel and school administrators, as defined in

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s. 1012.01, to complete training on the standards; establish the

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duty of instructional personnel and school administrators to

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report, and procedures for reporting, alleged misconduct by other

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instructional personnel and school administrators which affects

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the health, safety, or welfare of a student; and include an

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explanation of the liability protections provided under ss.

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39.203 and 768.095. A district school board, or any of its

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employees, may not enter into a confidentiality agreement

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regarding terminated or dismissed instructional personnel or

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school administrators, or personnel or administrators who resign

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in lieu of termination, based in whole or in part on misconduct

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that affects the health, safety, or welfare of a student, and may

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not provide instructional personnel or school administrators with

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employment references or discuss the personnel's or

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administrators' performance with prospective employers in another

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educational setting, without disclosing the personnel's or

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administrators' misconduct. Any part of an agreement or contract

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that has the purpose or effect of concealing misconduct by

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instructional personnel or school administrators which affects

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the health, safety, or welfare of a student is void, is contrary

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to public policy, and may not be enforced.

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     (7) DISQUALIFICATION FROM EMPLOYMENT.--Disqualify

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instructional personnel and school administrators, as defined in

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s. 1012.01, from employment in any position that requires direct

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contact with students if the personnel or administrators are

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ineligible for such employment under s. 1012.315. An elected or

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appointed school board official forfeits his or her salary for 1

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year if:

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     (a) The school board official knowingly signs and transmits

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to any state official a report of alleged misconduct by

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instructional personnel or school administrators which affects

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the health, safety, or welfare of a student and the school board

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official knows the report to be false or incorrect; or

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     (b) The school board official knowingly fails to adopt

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policies that require instructional personnel and school

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administrators to report alleged misconduct by other

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instructional personnel and school administrators, or that

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require the investigation of all reports of alleged misconduct by

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instructional personnel and school administrators, if the

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misconduct affects the health, safety, or welfare of a student.

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     Section 10.  Paragraphs (a) and (c) of subsection (1) and

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subsection (2) of section 1001.452, Florida Statutes, are amended

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to read:

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     1001.452  District and school advisory councils.--

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     (1)  ESTABLISHMENT.--

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     (a)  The district school board shall establish an advisory

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council for each school in the district and shall develop

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procedures for the election and appointment of advisory council

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members. Each school advisory council shall include in its name

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the words "school advisory council." The school advisory council

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shall be the sole body responsible for final decisionmaking at

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the school relating to implementation of ss. 1001.42(18) the

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provisions of ss. 1001.42(16) and 1008.345. A majority of the

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members of each school advisory council must be persons who are

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not employed by the school. Each advisory council shall be

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composed of the principal and an appropriately balanced number of

407

teachers, education support employees, students, parents, and

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other business and community citizens who are representative of

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the ethnic, racial, and economic community served by the school.

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Career center and high school advisory councils shall include

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students, and middle and junior high school advisory councils may

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include students. School advisory councils of career centers and

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adult education centers are not required to include parents as

414

members. Council members representing teachers, education support

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employees, students, and parents shall be elected by their

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respective peer groups at the school in a fair and equitable

417

manner as follows:

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     1.  Teachers shall be elected by teachers.

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     2.  Education support employees shall be elected by

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education support employees.

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     3.  Students shall be elected by students.

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     4.  Parents shall be elected by parents.

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The district school board shall establish procedures to be used

425

for use by schools in selecting business and community members

426

that include means of ensuring wide notice of vacancies and of

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taking input on possible members from local business, chambers of

428

commerce, community and civic organizations and groups, and the

429

public at large. The district school board shall review the

430

membership composition of each advisory council. If the district

431

school board determines that the membership elected by the school

432

is not representative of the ethnic, racial, and economic

433

community served by the school, the district school board shall

434

appoint additional members to achieve proper representation. The

435

commissioner shall determine if schools have maximized their

436

efforts to include on their advisory councils minority persons

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and persons of lower socioeconomic status. Although schools are

438

strongly encouraged to establish school advisory councils, the

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district school board of any school district that has a student

440

population of 10,000 or fewer may establish a district advisory

441

council which includes shall include at least one duly elected

442

teacher from each school in the district. For the purposes of

443

school advisory councils and district advisory councils, the term

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"teacher" includes shall include classroom teachers, certified

445

student services personnel, and media specialists. For purposes

446

of this paragraph, "education support employee" means any person

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employed by a school who is not defined as instructional or

448

administrative personnel pursuant to s. 1012.01 and whose duties

449

require 20 or more hours in each normal working week.

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     (c)  For those schools operating for the purpose of

451

providing educational services to youth in Department of Juvenile

452

Justice programs, district school boards may establish a district

453

advisory council with appropriate representatives for the purpose

454

of developing and monitoring a district school improvement plan

455

that encompasses all such schools in the district, pursuant to s.

456

1001.42(18)(a) s. 1001.42(16)(a).

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     (2) DUTIES.--Each advisory council shall perform such

458

functions as are prescribed by regulations of the district school

459

board; however, no advisory council shall have any of the powers

460

and duties now reserved by law to the district school board. Each

461

school advisory council shall assist in the preparation and

462

evaluation of the school improvement plan required pursuant to s.

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1001.42(18) s. 1001.42(16). With technical assistance from the

464

Department of Education, each school advisory council shall

465

assist in the preparation of the school's annual budget and plan

466

as required by s. 1008.385(1). A portion of funds provided in the

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annual General Appropriations Act for use by school advisory

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councils must be used for implementing the school improvement

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plan.

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     Section 11.  Subsection (12) of section 1001.51, Florida

471

Statutes, is amended to read:

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     1001.51  Duties and responsibilities of district school

473

superintendent.--The district school superintendent shall

474

exercise all powers and perform all duties listed below and

475

elsewhere in the law, provided that, in so doing, he or she shall

476

advise and counsel with the district school board. The district

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school superintendent shall perform all tasks necessary to make

478

sound recommendations, nominations, proposals, and reports

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required by law to be acted upon by the district school board.

480

All such recommendations, nominations, proposals, and reports by

481

the district school superintendent shall be either recorded in

482

the minutes or shall be made in writing, noted in the minutes,

483

and filed in the public records of the district school board. It

484

shall be presumed that, in the absence of the record required in

485

this section, the recommendations, nominations, and proposals

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required of the district school superintendent were not contrary

487

to the action taken by the district school board in such matters.

488

     (12)  RECORDS AND REPORTS.--Recommend such records as should

489

be kept in addition to those prescribed by rules of the State

490

Board of Education; prepare forms for keeping such records as are

491

approved by the district school board; ensure that such records

492

are properly kept; and make all reports that are needed or

493

required, as follows:

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     (a)  Forms, blanks, and reports.--Require that all employees

495

accurately keep all records and promptly make in proper form all

496

reports required by the education code or by rules of the State

497

Board of Education; recommend the keeping of such additional

498

records and the making of such additional reports as may be

499

deemed necessary to provide data essential for the operation of

500

the school system; and prepare such forms and blanks as may be

501

required and ensure that these records and reports are properly

502

prepared.

503

     (b)  Reports to the department.--Prepare, for the approval

504

of the district school board, all reports that may be required by

505

law or rules of the State Board of Education to be made to the

506

department and transmit promptly all such reports, when approved,

507

to the department, as required by law. If any such reports are

508

not transmitted at the time and in the manner prescribed by law

509

or by State Board of Education rules, the salary of the district

510

school superintendent must be withheld until the report has been

511

properly submitted. Unless otherwise provided by rules of the

512

State Board of Education, the annual report on attendance and

513

personnel is due on or before July 1, and the annual school

514

budget and the report on finance are due on the date prescribed

515

by the commissioner.

516

517

Any district school superintendent who knowingly signs and

518

transmits to any state official a false or incorrect report that

519

the superintendent knows to be false or incorrect; who knowingly

520

fails to investigate any allegation of misconduct by

521

instructional personnel or school administrators, as defined in

522

s. 1012.01, which affects the health, safety, or welfare of a

523

student; or who knowingly fails to report the alleged misconduct

524

to the department as required in s. 1012.796, forfeits shall

525

forfeit his or her right to any salary for the period of 1 year

526

following the from that date of such act or failure to act.

527

     Section 12.  Subsection (2) of section 1001.54, Florida

528

Statutes, is amended to read:

529

     1001.54  Duties of school principals.--

530

     (2)  Each school principal shall provide instructional

531

leadership in the development, revision, and implementation of a

532

school improvement plan pursuant to s. 1001.42(18) s.

533

1001.42(16).

534

     Section 13.  Paragraph (b) of subsection (11) of section

535

1002.32, Florida Statutes, is amended to read:

536

     1002.32  Developmental research (laboratory) schools.--

537

     (11)  EXCEPTIONS TO LAW.--To encourage innovative practices

538

and facilitate the mission of the lab schools, in addition to the

539

exceptions to law specified in s. 1001.23(2), the following

540

exceptions shall be permitted for lab schools:

541

     (b) With the exception of s. 1001.42(18) s. 1001.42(16), s.

542

1001.42 shall be held in abeyance. Reference to district school

543

boards in s. 1001.42(18) s. 1001.42(16) shall mean the president

544

of the university or the president's designee.

545

     Section 14.  Paragraph (g) of subsection (12) of section

546

1002.33, Florida Statutes, is amended to read:

547

     1002.33  Charter schools.--

548

     (12)  EMPLOYEES OF CHARTER SCHOOLS.--

549

     (g)1. A charter school shall employ or contract with

550

employees who have undergone background screening as provided in

551

s. 1012.32. Members of the governing board of the charter school

552

shall also undergo background screening in a manner similar to

553

that provided in s. 1012.32.

554

     2. A charter school shall disqualify instructional

555

personnel and school administrators, as defined in s. 1012.01,

556

from employment in any position that requires direct contact with

557

students if the personnel or administrators are ineligible for

558

such employment under s. 1012.315.

559

     3. The governing board of a charter school shall adopt

560

policies establishing standards of ethical conduct for

561

instructional personnel and school administrators. The policies

562

must require all instructional personnel and school

563

administrators, as defined in s. 1012.01, to complete training on

564

the standards; establish the duty of instructional personnel and

565

school administrators to report, and procedures for reporting,

566

alleged misconduct by other instructional personnel and school

567

administrators which affects the health, safety, or welfare of a

568

student; and include an explanation of the liability protections

569

provided under ss. 39.203 and 768.095. A charter school, or any

570

of its employees, may not enter into a confidentiality agreement

571

regarding terminated or dismissed instructional personnel or

572

school administrators, or personnel or administrators who resign

573

in lieu of termination, based in whole or in part on misconduct

574

that affects the health, safety, or welfare of a student, and may

575

not provide instructional personnel or school administrators with

576

employment references or discuss the personnel's or

577

administrators' performance with prospective employers in another

578

educational setting, without disclosing the personnel's or

579

administrators' misconduct. Any part of an agreement or contract

580

that has the purpose or effect of concealing misconduct by

581

instructional personnel or school administrators which affects

582

the health, safety, or welfare of a student is void, is contrary

583

to public policy, and may not be enforced.

584

     4. Before employing instructional personnel or school

585

administrators in any position that requires direct contact with

586

students, a charter school shall conduct employment history

587

checks of each of the personnel's or administrators' previous

588

employer, screen the instructional personnel or school

589

administrators through use of the educator screening tools

590

described in s. 1001.10(5), and document the findings. If unable

591

to contact a previous employer, the charter school must document

592

efforts to contact the employer.

593

     5. The sponsor of a charter school that knowingly fails to

594

comply with this paragraph shall terminate the charter under

595

subsection (8).

596

     Section 15.  Paragraph (g) is added to subsection (7) of

597

section 1002.36, Florida Statutes, to read:

598

     1002.36  Florida School for the Deaf and the Blind.--

599

     (7)  PERSONNEL SCREENING.--

600

     (g) For purposes of protecting the health, safety, or

601

welfare of students, the Florida School for the Deaf and the

602

Blind is considered a school district and must, except as

603

otherwise provided in this section, comply with ss. 1001.03,

604

1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,

605

1012.56, 1012.795, and 1012.796.

606

     Section 16.  Subsections (4), (5), and (6) of section

607

1002.421, Florida Statutes, are renumbered as subsections (5),

608

(6), and (7), respectively, and a new subsection (4) is added to

609

that section to read:

610

     1002.421  Accountability of private schools participating in

611

state school choice scholarship programs.--

612

     (4) A private school that accepts scholarship students

613

under s. 220.187 or s. 1002.39 must:

614

     (a) Disqualify instructional personnel and school

615

administrators, as defined in s. 1012.01, from employment in any

616

position that requires direct contact with students if the

617

personnel or administrators are ineligible for such employment

618

under s. 1012.315.

619

     (b) Adopt policies establishing standards of ethical

620

conduct for instructional personnel and school administrators.

621

The policies must require all instructional personnel and school

622

administrators, as defined in s. 1012.01, to complete training on

623

the standards; establish the duty of instructional personnel and

624

school administrators to report, and procedures for reporting,

625

alleged misconduct by other instructional personnel and school

626

administrators which affects the health, safety, or welfare of a

627

student; and include an explanation of the liability protections

628

provided under ss. 39.203 and 768.095. A private school, or any

629

of its employees, may not enter into a confidentiality agreement

630

regarding terminated or dismissed instructional personnel or

631

school administrators, or personnel or administrators who resign

632

in lieu of termination, based in whole or in part on misconduct

633

that affects the health, safety, or welfare of a student, and may

634

not provide the instructional personnel or school administrators

635

with employment references or discuss the personnel's or

636

administrators' performance with prospective employers in another

637

educational setting, without disclosing the personnel's or

638

administrators' misconduct. Any part of an agreement or contract

639

that has the purpose or effect of concealing misconduct by

640

instructional personnel or school administrators which affects

641

the health, safety, or welfare of a student is void, is contrary

642

to public policy, and may not be enforced.

643

     (c) Before employing instructional personnel or school

644

administrators in any position that requires direct contact with

645

students, conduct employment history checks of each of the

646

personnel's or administrators' previous employer, screen the

647

personnel or administrators through use of the educator screening

648

tools described in s. 1001.10(5), and document the findings. If

649

unable to contact a previous employer, the private school must

650

document efforts to contact the employer.

651

652

The department shall suspend the payment of funds under ss.

653

220.187 and 1002.39 to a private school that knowingly fails to

654

comply with this subsection, and shall prohibit the school from

655

enrolling new scholarship students, for 1 fiscal year and until

656

the school complies.

657

     Section 17.  Subsection (2) of section 1003.413, Florida

658

Statutes, is amended to read:

659

     1003.413  Florida Secondary School Redesign Act.--

660

     (2)  The following guiding principles for secondary school

661

redesign shall be used in the annual preparation of each

662

secondary school's improvement plan required by s. 1001.42(18) s.

663

1001.42(16):

664

     (a)  Struggling students, especially those in failing

665

schools, need the highest quality teachers and dramatically

666

different, innovative approaches to teaching and learning.

667

     (b)  Every teacher must contribute to every student's

668

reading improvement.

669

     (c)  Quality professional development provides teachers and

670

principals with the tools they need to better serve students.

671

     (d)  Small learning communities allow teachers to

672

personalize instruction to better address student learning

673

styles, strengths, and weaknesses.

674

     (e)  Intensive intervention in reading and mathematics must

675

occur early and through innovative delivery systems.

676

     (f)  Parents need access to tools they can use to monitor

677

their child's progress in school, communicate with teachers, and

678

act early on behalf of their child.

679

     (g)  Applied and integrated courses help students see the

680

relationships between subjects and relevance to their futures.

681

     (h)  School is more relevant when students choose courses

682

based on their goals, interests, and talents.

683

     (i)  Master schedules should not determine instruction and

684

must be designed based on student needs, not adult or

685

institutional needs.

686

     (j)  Academic and career planning engages students in

687

developing a personally meaningful course of study so they can

688

achieve goals they have set for themselves.

689

     Section 18.  Paragraph (b) of subsection (2) of section

690

1003.53, Florida Statutes, is amended to read:

691

     1003.53  Dropout prevention and academic intervention.--

692

     (2)

693

     (b)  Each school that establishes a dropout prevention and

694

academic intervention program at that school site shall reflect

695

that program in the school improvement plan as required under s.

696

1001.42(18) s. 1001.42(16).

697

     Section 19.  Subsections (1) and (3) of section 1004.92,

698

Florida Statutes, are amended to read:

699

     1004.92  Purpose and responsibilities for career

700

education.--

701

     (1)  The purpose of career education is to enable students

702

who complete career programs to attain and sustain employment and

703

realize economic self-sufficiency. The purpose of this section is

704

to identify issues related to career education for which school

705

boards and community college boards of trustees are accountable.

706

It is the intent of the Legislature that the standards

707

articulated in subsection (2) be considered in the development of

708

accountability standards for public schools pursuant to ss.

709

1000.03, 1001.42(18) 1001.42(16), and 1008.345 and for community

710

colleges pursuant to s. 1008.45.

711

     (3)  Each career center operated by a district school board

712

shall establish a center advisory council pursuant to s.

713

1001.452. The center advisory council shall assist in the

714

preparation and evaluation of center improvement plans required

715

pursuant to s. 1001.42(18) s. 1001.42(16) and may provide

716

assistance, upon the request of the center director, in the

717

preparation of the center's annual budget and plan as required by

718

s. 1008.385(1).

719

     Section 20.  Section 1006.061, Florida Statutes, is amended

720

to read:

721

     1006.061  Child abuse, abandonment, and neglect

722

policy.--Each district school board, charter school, and private

723

school that accepts scholarship students under s. 220.187 or s.

724

1002.39 shall:

725

     (1)  Post in a prominent place in each school a notice that,

726

pursuant to chapter 39, all employees and agents of the district

727

school board, charter school, or private school have an

728

affirmative duty to report all actual or suspected cases of child

729

abuse, abandonment, or neglect; have immunity from liability if

730

they report such cases in good faith; and have a duty to comply

731

with child protective investigations and all other provisions of

732

law relating to child abuse, abandonment, and neglect. The notice

733

shall also include the statewide toll-free telephone number of

734

the central abuse hotline.

735

     (2) Post in a prominent place at each school site and on

736

each school's Internet website, if available, the policies and

737

procedures for reporting alleged misconduct by instructional

738

personnel or school administrators which affects the health,

739

safety, or welfare of a student; the contact person to whom the

740

report is made; and the penalties imposed on instructional

741

personnel or school administrators who fail to report suspected

742

or actual child abuse or alleged misconduct by other

743

instructional personnel or school administrators.

744

     (3)(2) Require the principal of the charter school or

745

private school, or the district school superintendent, or the

746

superintendent's designee, at the request of the Department of

747

Children and Family Services, to act as a liaison to the

748

Department of Children and Family Services and the child

749

protection team, as defined in s. 39.01, when in a case of

750

suspected child abuse, abandonment, or neglect or an unlawful

751

sexual offense involving a child the case is referred to such a

752

team; except that this does not relieve or restrict the

753

Department of Children and Family Services from discharging its

754

duty and responsibility under the law to investigate and report

755

every suspected or actual case of child abuse, abandonment, or

756

neglect or unlawful sexual offense involving a child.

757

758

The Department of Education shall develop, and publish on the

759

department's Internet website, sample notices suitable for

760

posting in accordance with subsections (1) and (2).

761

     Section 21.  Subsection (4) of section 1008.33, Florida

762

Statutes, is amended to read:

763

     1008.33  Authority to enforce public school improvement.--It

764

is the intent of the Legislature that all public schools be held

765

accountable for students performing at acceptable levels. A

766

system of school improvement and accountability that assesses

767

student performance by school, identifies schools in which

768

students are not making adequate progress toward state standards,

769

institutes appropriate measures for enforcing improvement, and

770

provides rewards and sanctions based on performance shall be the

771

responsibility of the State Board of Education.

772

     (4)  The State Board of Education may require the Department

773

of Education or Chief Financial Officer to withhold any transfer

774

of state funds to the school district if, within the timeframe

775

specified in state board action, the school district has failed

776

to comply with the action ordered to improve the district's low-

777

performing schools. Withholding the transfer of funds shall occur

778

only after all other recommended actions for school improvement

779

have failed to improve performance. The State Board of Education

780

may impose the same penalty on any district school board that

781

fails to develop and implement a plan for assistance and

782

intervention for low-performing schools as specified in s.

783

1001.42(18)(c) s. 1001.42(16)(c).

784

     Section 22.  Paragraph (c) of subsection (6) of section

785

1008.345, Florida Statutes, is amended to read:

786

     1008.345  Implementation of state system of school

787

improvement and education accountability.--

788

     (6)

789

     (c)  Pursuant to s. 24.121(5)(d), the department shall not

790

release funds from the Educational Enhancement Trust Fund to any

791

district in which a school, including schools operating for the

792

purpose of providing educational services to youth in Department

793

of Juvenile Justice programs, does not have an approved school

794

improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),

795

after 1 full school year of planning and development, or does not

796

comply with school advisory council membership composition

797

requirements pursuant to s. 1001.452. The department shall send a

798

technical assistance team to each school without an approved plan

799

to develop such school improvement plan or to each school without

800

appropriate school advisory council membership composition to

801

develop a strategy for corrective action. The department shall

802

release the funds upon approval of the plan or upon establishment

803

of a plan of corrective action. Notice shall be given to the

804

public of the department's intervention and shall identify each

805

school without a plan or without appropriate school advisory

806

council membership composition.

807

     Section 23.  Subsection (5) of section 1010.215, Florida

808

Statutes, is amended to read:

809

     1010.215  Educational funding accountability.--

810

     (5)  The annual school public accountability report required

811

by ss. 1001.42(18) 1001.42(16) and 1008.345 must include a school

812

financial report. The purpose of the school financial report is

813

to better inform parents and the public concerning how funds were

814

spent to operate the school during the prior fiscal year. Each

815

school's financial report must follow a uniform, districtwide

816

format that is easy to read and understand.

817

     (a)  Total revenue must be reported at the school, district,

818

and state levels. The revenue sources that must be addressed are

819

state and local funds, other than lottery funds; lottery funds;

820

federal funds; and private donations.

821

     (b)  Expenditures must be reported as the total expenditures

822

per unweighted full-time equivalent student at the school level

823

and the average expenditures per full-time equivalent student at

824

the district and state levels in each of the following categories

825

and subcategories:

826

     1.  Teachers, excluding substitute teachers, and education

827

paraprofessionals who provide direct classroom instruction to

828

students enrolled in programs classified by s. 1011.62 as:

829

     a.  Basic programs;

830

     b.  Students-at-risk programs;

831

     c.  Special programs for exceptional students;

832

     d.  Career education programs; and

833

     e.  Adult programs.

834

     2.  Substitute teachers.

835

     3.  Other instructional personnel, including school-based

836

instructional specialists and their assistants.

837

     4.  Contracted instructional services, including training

838

for instructional staff and other contracted instructional

839

services.

840

     5.  School administration, including school-based

841

administrative personnel and school-based education support

842

personnel.

843

     6.  The following materials, supplies, and operating capital

844

outlay:

845

     a.  Textbooks;

846

     b.  Computer hardware and software;

847

     c.  Other instructional materials;

848

     d.  Other materials and supplies; and

849

     e.  Library media materials.

850

     7.  Food services.

851

     8.  Other support services.

852

     9.  Operation and maintenance of the school plant.

853

     (c)  The school financial report must also identify the

854

types of district-level expenditures that support the school's

855

operations. The total amount of these district-level expenditures

856

must be reported and expressed as total expenditures per full-

857

time equivalent student.

858

     Section 24.  Paragraph (b) of subsection (6) of section

859

1011.18, Florida Statutes, is amended to read:

860

     1011.18  School depositories; payments into and withdrawals

861

from depositories.--

862

     (6)  EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY

863

ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--

864

     (b)  The district school board may contract with an

865

insurance company or professional administrator who holds a valid

866

certificate of authority issued by the Office of Insurance

867

Regulation of the Financial Services Commission to provide any or

868

all services that a third-party administrator is authorized by

869

law to perform. Pursuant to such contract, the district school

870

board may advance or remit money to the administrator to be

871

deposited in a designated special checking account for paying

872

claims against the district school board under its self-insurance

873

programs, and remitting premiums to the providers of insured

874

benefits on behalf of the district school board and the

875

participants in such programs, and otherwise fulfilling the

876

obligations imposed upon the administrator by law and the

877

contractual agreements between the district school board and the

878

administrator. The special checking account shall be maintained

879

in a designated district school depository. The district school

880

board may replenish such account as often as necessary upon the

881

presentation by the service organization of documentation for

882

claims or premiums due paid equal to the amount of the requested

883

reimbursement. Such replenishment shall be made by a warrant

884

signed by the chair of the district school board and

885

countersigned by the district school superintendent. Such

886

replenishment may be made by electronic, telephonic, or other

887

medium, and each transfer shall be confirmed in writing and

888

signed by the district school superintendent or his or her

889

designee. The provisions of strict accountability of all funds

890

and an annual audit by an independent certified public accountant

891

as provided in s. 1001.42(12)(k) s. 1001.42(10)(k) shall apply to

892

this subsection.

893

     Section 25.  Subsection (6) of section 1012.27, Florida

894

Statutes, is renumbered as subsection (7), and a new subsection

895

(6) is added to that section to read:

896

     1012.27  Public school personnel; powers and duties of

897

district school superintendent.--The district school

898

superintendent is responsible for directing the work of the

899

personnel, subject to the requirements of this chapter, and in

900

addition the district school superintendent shall perform the

901

following:

902

     (6) EMPLOYMENT HISTORY CHECKS.--Before employing

903

instructional personnel and school administrators, as defined in

904

s. 1012.01, in any position that requires direct contact with

905

students, conduct employment history checks of each of the

906

personnel's or administrators' previous employer, screen the

907

personnel or administrators through use of the educator screening

908

tools described in s. 1001.10(5), and document the findings. If

909

unable to contact a previous employer, the district school

910

superintendent shall document efforts to contact the employer.

911

     Section 26.  Section 1012.315, Florida Statutes, is created

912

to read:

913

     1012.315 Disqualification from employment.--A person is

914

ineligible for educator certification, and instructional

915

personnel and school administrators, as defined in s. 1012.01,

916

are ineligible for employment in any position that requires

917

direct contact with students in a district school system, charter

918

school, or private school that accepts scholarship students under

919

s. 220.187 or s. 1002.39, if the person, instructional personnel,

920

or school administrator has been convicted of:

921

     (1) Any felony offense prohibited under any of the

922

following statutes:

923

     (a) Section 393.135, relating to sexual misconduct with

924

certain developmentally disabled clients and reporting of such

925

sexual misconduct.

926

     (b) Section 394.4593, relating to sexual misconduct with

927

certain mental health patients and reporting of such sexual

928

misconduct.

929

     (c) Section 415.111, relating to adult abuse, neglect, or

930

exploitation of aged persons or disabled adults.

931

     (d) Section 782.04, relating to murder.

932

     (e) Section 782.07, relating to manslaughter, aggravated

933

manslaughter of an elderly person or disabled adult, aggravated

934

manslaughter of a child, or aggravated manslaughter of an

935

officer, a firefighter, an emergency medical technician, or a

936

paramedic.

937

     (f) Section 784.021, relating to aggravated assault.

938

     (g) Section 784.045, relating to aggravated battery.

939

     (h) Section 784.075, relating to battery on a detention or

940

commitment facility staff member or a juvenile probation officer.

941

     (i) Section 787.01, relating to kidnapping.

942

     (j) Section 787.02, relating to false imprisonment.

943

     (k) Section 787.025, relating to luring or enticing a

944

child.

945

     (l) Section 787.04(2), relating to leading, taking,

946

enticing, or removing a minor beyond the state limits, or

947

concealing the location of a minor, with criminal intent pending

948

custody proceedings.

949

     (m) Section 787.04(3), relating to leading, taking,

950

enticing, or removing a minor beyond the state limits, or

951

concealing the location of a minor, with criminal intent pending

952

dependency proceedings or proceedings concerning alleged abuse or

953

neglect of a minor.

954

     (n) Section 790.115(1), relating to exhibiting firearms or

955

weapons at a school-sponsored event, on school property, or

956

within 1,000 feet of a school.

957

     (o) Section 790.115(2)(b), relating to possessing an

958

electric weapon or device, destructive device, or other weapon at

959

a school-sponsored event or on school property.

960

     (p) Section 794.011, relating to sexual battery.

961

     (q) Former s. 794.041, relating to sexual activity with or

962

solicitation of a child by a person in familial or custodial

963

authority.

964

     (r) Section 794.05, relating to unlawful sexual activity

965

with certain minors.

966

     (s) Section 794.08, relating to female genital mutilation.

967

     (t) Chapter 796, relating to prostitution.

968

     (u) Chapter 800, relating to lewdness and indecent

969

exposure.

970

     (v) Section 806.01, relating to arson.

971

     (w) Section 810.14, relating to voyeurism.

972

     (x) Section 810.145, relating to video voyeurism.

973

     (y) Section 812.014(6), relating to coordinating the

974

commission of theft in excess of $3,000.

975

     (z) Section 812.0145, relating to theft from persons 65

976

years of age or older.

977

     (aa) Section 812.019, relating to dealing in stolen

978

property.

979

     (bb) Section 812.13, relating to robbery.

980

     (cc) Section 812.131, relating to robbery by sudden

981

snatching.

982

     (dd) Section 812.133, relating to carjacking.

983

     (ee) Section 812.135, relating to home-invasion robbery.

984

     (ff) Section 817.563, relating to fraudulent sale of

985

controlled substances.

986

     (gg) Section 825.102, relating to abuse, aggravated abuse,

987

or neglect of an elderly person or disabled adult.

988

     (hh) Section 825.103, relating to exploitation of an

989

elderly person or disabled adult.

990

     (ii) Section 825.1025, relating to lewd or lascivious

991

offenses committed upon or in the presence of an elderly person

992

or disabled person.

993

     (jj) Section 826.04, relating to incest.

994

     (kk) Section 827.03, relating to child abuse, aggravated

995

child abuse, or neglect of a child.

996

     (ll) Section 827.04, relating to contributing to the

997

delinquency or dependency of a child.

998

     (mm) Section 827.071, relating to sexual performance by a

999

child.

1000

     (nn) Section 843.01, relating to resisting arrest with

1001

violence.

1002

     (oo) Chapter 847, relating to obscenity.

1003

     (pp) Section 874.05, relating to causing, encouraging,

1004

soliciting, or recruiting another to join a criminal street gang.

1005

     (qq) Chapter 893, relating to drug abuse prevention and

1006

control, if the offense was a felony of the second degree or

1007

greater severity.

1008

     (rr) Section 916.1075, relating to sexual misconduct with

1009

certain forensic clients and reporting of such sexual misconduct.

1010

     (ss) Section 944.47, relating to introduction, removal, or

1011

possession of contraband at a correctional facility.

1012

     (tt) Section 985.701, relating to sexual misconduct in

1013

juvenile justice programs.

1014

     (uu) Section 985.711, relating to introduction, removal, or

1015

possession of contraband at a juvenile detention facility or

1016

commitment program.

1017

     (2) Any misdemeanor offense prohibited under any of the

1018

following statutes:

1019

     (a) Section 784.03, relating to battery, if the victim of

1020

the offense was a minor.

1021

     (b) Section 787.025, relating to luring or enticing a

1022

child.

1023

     (3) Any criminal act committed in another state or under

1024

federal law which, if committed in this state, constitutes an

1025

offense prohibited under any statute listed in subsection (1) or

1026

subsection (2).

1027

     (4) Any delinquent act committed in this state or any

1028

delinquent or criminal act committed in another state or under

1029

federal law which, if committed in this state, qualifies an

1030

individual for inclusion on the Registered Juvenile Sex Offender

1031

List under s. 943.0435(1)(a)1.d.

1032

     Section 27.  Subsections (1) and (2) and paragraph (c) of

1033

subsection (3) of section 1012.32, Florida Statutes, are amended

1034

to read:

1035

     1012.32  Qualifications of personnel.--

1036

     (1)  To be eligible for appointment in any position in any

1037

district school system, a person must shall be of good moral

1038

character; must shall have attained the age of 18 years, if he or

1039

she is to be employed in an instructional capacity; must not be

1040

ineligible for such employment under s. 1012.315; and must shall,

1041

when required by law, hold a certificate or license issued under

1042

rules of the State Board of Education or the Department of

1043

Children and Family Services, except when employed pursuant to s.

1044

1012.55 or under the emergency provisions of s. 1012.24. Previous

1045

residence in this state shall not be required in any school of

1046

the state as a prerequisite for any person holding a valid

1047

Florida certificate or license to serve in an instructional

1048

capacity.

1049

     (2)(a)  Instructional and noninstructional personnel who are

1050

hired or contracted to fill positions that require requiring

1051

direct contact with students in any district school system or

1052

university lab school must shall, upon employment or engagement

1053

to provide services, undergo background screening as required

1054

under s. 1012.465 or s. 1012.56, whichever is applicable.

1055

     (b)  Instructional and noninstructional personnel who are

1056

hired or contracted to fill positions in any charter school and

1057

members of the governing board of any charter school, in

1058

compliance with s. 1002.33(12)(g), must shall, upon employment,

1059

engagement of services, or appointment, undergo background

1060

screening as required under s. 1012.465 or s. 1012.56, whichever

1061

is applicable, by filing with the district school board for the

1062

school district in which the charter school is located a complete

1063

set of fingerprints taken by an authorized law enforcement agency

1064

or an employee of the school or school district who is trained to

1065

take fingerprints.

1066

     (c)  Instructional and noninstructional personnel who are

1067

hired or contracted to fill positions that require requiring

1068

direct contact with students in an alternative school that

1069

operates under contract with a district school system must shall,

1070

upon employment or engagement to provide services, undergo

1071

background screening as required under s. 1012.465 or s. 1012.56,

1072

whichever is applicable, by filing with the district school board

1073

for the school district to which the alternative school is under

1074

contract a complete set of fingerprints taken by an authorized

1075

law enforcement agency or an employee of the school or school

1076

district who is trained to take fingerprints.

1077

     (d)  Student teachers, persons participating in a field

1078

experience pursuant to s. 1004.04(6) or s. 1004.85, and persons

1079

participating in a short-term experience as a teacher assistant

1080

pursuant to s. 1004.04(10) in any district school system, lab

1081

school, or charter school must shall, upon engagement to provide

1082

services, undergo background screening as required under s.

1083

1012.56.

1084

1085

Fingerprints shall be submitted to the Department of Law

1086

Enforcement for statewide criminal and juvenile records checks

1087

state processing and to the Federal Bureau of Investigation for

1088

federal criminal records checks processing. A person Persons

1089

subject to this subsection who is found ineligible for employment

1090

under s. 1012.315, or otherwise found through background

1091

screening fingerprint processing to have been convicted of any a

1092

crime involving moral turpitude as defined by rule of the State

1093

Board of Education, shall not be employed, engaged to provide

1094

services, or serve in any position that requires requiring direct

1095

contact with students. Probationary persons subject to this

1096

subsection terminated because of their criminal record have the

1097

right to appeal such decisions. The cost of the background

1098

screening may be borne by the district school board, the charter

1099

school, the employee, the contractor, or a person subject to this

1100

subsection.

1101

     (3)

1102

     (c)  Personnel whose fingerprints are not retained by the

1103

Department of Law Enforcement under paragraphs (a) and (b) must

1104

are required to be refingerprinted and rescreened in accordance

1105

with subsection (2) must meet level 2 screening requirements as

1106

described in this section upon reemployment or reengagement to

1107

provide services in order to comply with the requirements of this

1108

subsection.

1109

     Section 28.  Paragraph (a) of subsection (1), paragraph (c)

1110

of subsection (4), and paragraph (b) of subsection (6) of section

1111

1012.33, Florida Statutes, are amended to read:

1112

     1012.33  Contracts with instructional staff, supervisors,

1113

and school principals.--

1114

     (1)(a)  Each person employed as a member of the

1115

instructional staff in any district school system shall be

1116

properly certified pursuant to s. 1012.56 or s. 1012.57 or

1117

employed pursuant to s. 1012.39 and shall be entitled to and

1118

shall receive a written contract as specified in this section.

1119

All such contracts, except continuing contracts as specified in

1120

subsection (4), shall contain provisions for dismissal during the

1121

term of the contract only for just cause. Just cause includes,

1122

but is not limited to, the following instances, as defined by

1123

rule of the State Board of Education: immorality, misconduct in

1124

office, incompetency, gross insubordination, willful neglect of

1125

duty, or being convicted or found guilty of, or entering a plea

1126

of guilty to, regardless of adjudication of guilt, any or

1127

conviction of a crime involving moral turpitude.

1128

     (4)

1129

     (c)  Any member of the district administrative or

1130

supervisory staff and any member of the instructional staff,

1131

including any school principal, who is under continuing contract

1132

may be suspended or dismissed at any time during the school year;

1133

however, the charges against him or her must be based on

1134

immorality, misconduct in office, incompetency, gross

1135

insubordination, willful neglect of duty, drunkenness, or being

1136

convicted or found guilty of, or entering a plea of guilty to,

1137

regardless of adjudication of guilt, any conviction of a crime

1138

involving moral turpitude, as these terms are defined by rule of

1139

the State Board of Education. Whenever such charges are made

1140

against an any such employee of the district school board, the

1141

district school board may suspend such person without pay; but,

1142

if the charges are not sustained, he or she shall be immediately

1143

reinstated, and his or her back salary shall be paid. In cases of

1144

suspension by the district school board or by the district school

1145

superintendent, the district school board shall determine upon

1146

the evidence submitted whether the charges have been sustained

1147

and, if the charges are sustained, shall determine either to

1148

dismiss the employee or fix the terms under which he or she may

1149

be reinstated. If such charges are sustained by a majority vote

1150

of the full membership of the district school board and the such

1151

employee is discharged, his or her contract of employment shall

1152

be thereby canceled. Any such decision adverse to the employee

1153

may be appealed by the employee pursuant to s. 120.68, provided

1154

the such appeal is filed within 30 days after the decision of the

1155

district school board.

1156

     (6)

1157

     (b)  Any member of the district administrative or

1158

supervisory staff, including any principal but excluding an

1159

employee specified in subsection (4), may be suspended or

1160

dismissed at any time during the term of the contract; however,

1161

the charges against him or her must be based on immorality,

1162

misconduct in office, incompetency, gross insubordination,

1163

willful neglect of duty, drunkenness, or being convicted or found

1164

guilty of, or entering a plea of guilty, regardless of

1165

adjudication of guilt, conviction of any crime involving moral

1166

turpitude, as these terms are defined by rule of the State Board

1167

of Education. Whenever such charges are made against an any such

1168

employee of the district school board, the district school board

1169

may suspend the employee without pay; but, if the charges are not

1170

sustained, he or she shall be immediately reinstated, and his or

1171

her back salary shall be paid. In cases of suspension by the

1172

district school board or by the district school superintendent,

1173

the district school board shall determine upon the evidence

1174

submitted whether the charges have been sustained and, if the

1175

charges are sustained, shall determine either to dismiss the

1176

employee or fix the terms under which he or she may be

1177

reinstated. If such charges are sustained by a majority vote of

1178

the full membership of the district school board and the such

1179

employee is discharged, his or her contract of employment shall

1180

be thereby canceled. Any such decision adverse to the employee

1181

may be appealed by him or her pursuant to s. 120.68, provided

1182

such appeal is filed within 30 days after the decision of the

1183

district school board.

1184

     Section 29.  Subsection (4) of section 1012.34, Florida

1185

Statutes, is amended to read:

1186

     1012.34  Assessment procedures and criteria.--

1187

     (4)  The district school superintendent shall notify the

1188

department of any instructional personnel who receive two

1189

consecutive unsatisfactory evaluations and who have been given

1190

written notice by the district that their employment is being

1191

terminated or is not being renewed or that the district school

1192

board intends to terminate, or not renew, their employment. The

1193

department shall conduct an investigation to determine whether

1194

action shall be taken against the certificateholder pursuant to

1195

s. 1012.795(1)(c) s. 1012.795(1)(b).

1196

     Section 30.  Subsections (9) and (14) of section 1012.56,

1197

Florida Statutes, are amended to read:

1198

     1012.56  Educator certification requirements.--

1199

     (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND

1200

PERIODICALLY.--

1201

     (a)  Each person who seeks certification under this chapter

1202

must be fingerprinted and screened meet level 2 screening

1203

requirements as described in accordance with s. 1012.32 and must

1204

not be ineligible for such certification under s. 1012.315. A

1205

person who has been screened in accordance with s. 1012.32 unless

1206

a level 2 screening has been conducted by a district school board

1207

or the Department of Education within 12 months before the date

1208

the person initially obtains certification under this chapter,

1209

the results of which are submitted to the district school board

1210

or to the Department of Education, is not required to repeat the

1211

screening under this paragraph.

1212

     (b)  A person may not receive a certificate under this

1213

chapter until the person's level 2 screening under s. 1012.32 is

1214

has been completed and the results have been submitted to the

1215

Department of Education or to the district school superintendent

1216

of the school district that employs the person. Every 5 years

1217

after obtaining initial certification, each person who is

1218

required to be certified under this chapter must be rescreened

1219

meet level 2 screening requirements as described in accordance

1220

with s. 1012.32, at which time the school district shall request

1221

the Department of Law Enforcement to forward the fingerprints to

1222

the Federal Bureau of Investigation for federal criminal records

1223

checks the level 2 screening. If, for any reason after obtaining

1224

initial certification, the fingerprints of a person who is

1225

required to be certified under this chapter are not retained by

1226

the Department of Law Enforcement under s. 1012.32(3)(a) and (b),

1227

the person must file a complete set of fingerprints with the

1228

district school superintendent of the employing school district.

1229

Upon submission of fingerprints for this purpose, the school

1230

district shall request the Department of Law Enforcement to

1231

forward the fingerprints to the Federal Bureau of Investigation

1232

for federal criminal records checks the level 2 screening, and

1233

the fingerprints shall be retained by the Department of Law

1234

Enforcement under s. 1012.32(3)(a) and (b). The cost of the state

1235

and federal criminal history checks check required by paragraph

1236

(a) and this paragraph level 2 screening may be borne by the

1237

district school board or the employee. Under penalty of perjury,

1238

each person who is certified under this chapter must agree to

1239

inform his or her employer within 48 hours if convicted of any

1240

disqualifying offense while he or she is employed in a position

1241

for which such certification is required.

1242

     (c)  If it is found under s. 1012.796 that a person who is

1243

employed in a position requiring certification under this chapter

1244

has does not been screened in accordance with s. 1012.32, or is

1245

ineligible for such certification under s. 1012.315 meet the

1246

level 2 screening requirements, the person's certification shall

1247

be immediately revoked or suspended and he or she shall be

1248

immediately suspended from the position requiring certification.

1249

     (14)  PERSONNEL RECORDS.--The Department of Education shall

1250

maintain an electronic database that includes, but need not be

1251

limited to, a complete statement of the academic preparation,

1252

professional training, and teaching experience of each person to

1253

whom a certificate is issued. The applicant or the district

1254

school superintendent shall furnish the information using a

1255

format or forms provided by the department.

1256

     Section 31.  Subsection (1) and paragraph (a) of subsection

1257

(8) of section 1012.79, Florida Statutes, are amended to read:

1258

     1012.79  Education Practices Commission; organization.--

1259

     (1) The Education Practices Commission consists of 25 17

1260

members, including 8 7 teachers;, 5 administrators, at least one

1261

of whom shall represent a private school; 7 and 5 lay citizens, 5

1262

(of whom shall be parents of public school students and who are

1263

unrelated to public school employees and 2 of whom shall be

1264

former district school board members;), and 5 sworn law

1265

enforcement officials, appointed by the State Board of Education

1266

from nominations by the Commissioner of Education and subject to

1267

Senate confirmation. Prior to making nominations, the

1268

commissioner shall consult with the teaching associations, parent

1269

organizations, law enforcement agencies, and other involved

1270

associations in the state. In making nominations, the

1271

commissioner shall attempt to achieve equal geographical

1272

representation, as closely as possible.

1273

     (a)  A teacher member, in order to be qualified for

1274

appointment:

1275

     1.  Must be certified to teach in the state.

1276

     2.  Must be a resident of the state.

1277

     3.  Must have practiced the profession in this state for at

1278

least 5 years immediately preceding the appointment.

1279

     (b)  A school administrator member, in order to be qualified

1280

for appointment:

1281

     1.  Must have an endorsement on the educator certificate in

1282

the area of school administration or supervision.

1283

     2.  Must be a resident of the state.

1284

     3.  Must have practiced the profession as an administrator

1285

for at least 5 years immediately preceding the appointment.

1286

     (c)  The lay members must be residents of the state.

1287

     (d) The law enforcement official members must have served

1288

in the profession for at least 5 years immediately preceding

1289

appointment and have background expertise in child safety.

1290

     (8)(a)  The commission shall, from time to time, designate

1291

members of the commission to serve on panels for the purpose of

1292

reviewing and issuing final orders upon cases presented to the

1293

commission. A case concerning a complaint against a teacher shall

1294

be reviewed and a final order thereon shall be entered by a panel

1295

composed of five commission members, at least one of whom must be

1296

a parent or a sworn law enforcement officer and at least three of

1297

whom must shall be teachers. A case concerning a complaint

1298

against an administrator shall be reviewed and a final order

1299

thereon shall be entered by a panel composed of five commission

1300

members, at least one of whom must be a parent or a sworn law

1301

enforcement officer and at least three of whom must shall be

1302

administrators.

1303

     Section 32.  Subsection (1) of section 1012.795, Florida

1304

Statutes, is amended to read:

1305

     1012.795  Education Practices Commission; authority to

1306

discipline.--

1307

     (1)  The Education Practices Commission may suspend the

1308

educator certificate of any person as defined in s. 1012.01(2) or

1309

(3) for a period of time not to exceed 5 years, thereby denying

1310

that person the right to teach or otherwise be employed by a

1311

district school board or public school in any capacity requiring

1312

direct contact with students for that period of time, after which

1313

the holder may return to teaching as provided in subsection (4);

1314

may revoke the educator certificate of any person, thereby

1315

denying that person the right to teach or otherwise be employed

1316

by a district school board or public school in any capacity

1317

requiring direct contact with students for a period of time not

1318

to exceed 10 years, with reinstatement subject to the provisions

1319

of subsection (4); may revoke permanently the educator

1320

certificate of any person thereby denying that person the right

1321

to teach or otherwise be employed by a district school board or

1322

public school in any capacity requiring direct contact with

1323

students; may suspend the educator certificate, upon order of the

1324

court, of any person found to have a delinquent child support

1325

obligation; or may impose any other penalty provided by law, if

1326

provided it can be shown that the person:

1327

     (a)  Obtained or attempted to obtain an educator certificate

1328

by fraudulent means.

1329

     (b) Knowingly failed to report actual or suspected child

1330

abuse as required in s. 1006.061 or report alleged misconduct by

1331

instructional personnel or school administrators which affects

1332

the health, safety, or welfare of a student as required in s.

1333

1012.796.

1334

     (c)(b) Has proved to be incompetent to teach or to perform

1335

duties as an employee of the public school system or to teach in

1336

or to operate a private school.

1337

     (d)(c) Has been guilty of gross immorality or an act

1338

involving moral turpitude as defined by rule of the State Board

1339

of Education.

1340

     (e)(d) Has had an educator certificate sanctioned by

1341

revocation, suspension, or surrender in another state.

1342

     (f)(e) Has been convicted or found guilty of, or entered a

1343

plea of guilty to, regardless of adjudication of guilt, a

1344

misdemeanor, felony, or any other criminal charge, other than a

1345

minor traffic violation.

1346

     (g)(f) Upon investigation, has been found guilty of

1347

personal conduct which seriously reduces that person's

1348

effectiveness as an employee of the district school board.

1349

     (h)(g) Has breached a contract, as provided in s.

1350

1012.33(2).

1351

     (i)(h) Has been the subject of a court order directing the

1352

Education Practices Commission to suspend the certificate as a

1353

result of a delinquent child support obligation.

1354

     (j)(i) Has violated the Principles of Professional Conduct

1355

for the Education Profession prescribed by State Board of

1356

Education rules.

1357

     (k)(j) Has otherwise violated the provisions of law, the

1358

penalty for which is the revocation of the educator certificate.

1359

     (l)(k) Has violated any order of the Education Practices

1360

Commission.

1361

     (m)(l) Has been the subject of a court order or plea

1362

agreement in any jurisdiction which requires the

1363

certificateholder to surrender or otherwise relinquish his or her

1364

educator's certificate. A surrender or relinquishment shall be

1365

for permanent revocation of the certificate. A person may not

1366

surrender or otherwise relinquish his or her certificate prior to

1367

a finding of probable cause by the commissioner as provided in s.

1368

1012.796.

1369

     (n) Has been disqualified from educator certification under

1370

s. 1012.315.

1371

     Section 33.  Subsections (1), (3), and (5) of section

1372

1012.796, Florida Statutes, are amended to read:

1373

     1012.796  Complaints against teachers and administrators;

1374

procedure; penalties.--

1375

     (1)(a)  The Department of Education shall cause to be

1376

investigated expeditiously any complaint filed before it or

1377

otherwise called to its attention which, if legally sufficient,

1378

contains grounds for the revocation or suspension of a

1379

certificate or any other appropriate penalty as set forth in

1380

subsection (7). The complaint is legally sufficient if it

1381

contains the ultimate facts which show a violation has occurred

1382

as provided in s. 1012.795 and defined by rule of the State Board

1383

of Education. The department shall may investigate or continue to

1384

investigate and take appropriate action on a complaint even

1385

though the original complainant withdraws the complaint or

1386

otherwise indicates a desire not to cause it to be investigated

1387

or prosecuted to completion. The department may investigate or

1388

continue to investigate and take action on a complaint filed

1389

against a person whose educator certificate has expired if the

1390

act or acts that which are the basis for the complaint were

1391

allegedly committed while that person possessed an educator

1392

certificate.

1393

     (b) The department shall immediately investigate any

1394

legally sufficient complaint that involves misconduct by any

1395

certificated personnel which affects the health, safety, or

1396

welfare of a student, giving the complaint priority over other

1397

pending complaints. The department must investigate or continue

1398

to investigate and take action on such a complaint filed against

1399

a person whose educator certificate has expired if the act or

1400

acts that are the basis for the complaint were allegedly

1401

committed while that person possessed an educator certificate.

1402

     (c)(b) When an investigation is undertaken, the department

1403

shall notify the certificateholder or applicant for certification

1404

and the district school superintendent or the university

1405

laboratory school, charter school, or private school in which the

1406

certificateholder or applicant for certification is employed or

1407

was employed at the time the alleged offense occurred. In

1408

addition, the department shall inform the certificateholder or

1409

applicant for certification of the substance of any complaint

1410

which has been filed against that certificateholder or applicant,

1411

unless the department determines that such notification would be

1412

detrimental to the investigation, in which case the department

1413

may withhold notification.

1414

     (d)(c) Each school district shall file in writing with the

1415

department all legally sufficient complaints within 30 days after

1416

the date on which subject matter of the complaint comes to the

1417

attention of the school district. A complaint is legally

1418

sufficient if it contains ultimate facts that show a violation

1419

has occurred as provided in s. 1012.795 and defined by rule of

1420

the State Board of Education. The school district shall include

1421

all information relating to the complaint which is known to the

1422

school district at the time of filing. Each district school board

1423

shall develop and adopt policies and procedures to comply with

1424

this reporting requirement. School board policies and procedures

1425

must include standards for screening, hiring, and terminating

1426

instructional personnel and school administrators, as defined in

1427

s. 1012.01; standards of ethical conduct for instructional

1428

personnel and school administrators; the duties of instructional

1429

personnel and school administrators for upholding the standards;

1430

detailed procedures for reporting alleged misconduct by

1431

instructional personnel and school administrators which affects

1432

the health, safety, or welfare of a student; requirements for the

1433

reassignment of instructional personnel or school administrators

1434

pending the outcome of a misconduct investigation; and penalties

1435

for failing to comply with s. 1001.51 or s. 1012.795. The

1436

district school board policies and procedures shall include

1437

appropriate penalties for all personnel of the district school

1438

board for nonreporting and procedures for promptly informing the

1439

district school superintendent of each legally sufficient

1440

complaint. The district school superintendent is charged with

1441

knowledge of these policies and procedures and is accountable for

1442

the training of all instructional personnel and school

1443

administrators of the school district on the standards of ethical

1444

conduct, policies, and procedures. If the district school

1445

superintendent has knowledge of a legally sufficient complaint

1446

and does not report the complaint, or fails to enforce the

1447

policies and procedures of the district school board, and fails

1448

to comply with the requirements of this subsection, in addition

1449

to other actions against certificateholders authorized by law,

1450

the district school superintendent is shall be subject to

1451

penalties as specified in s. 1001.51(12). If the superintendent

1452

determines that misconduct by instructional personnel or school

1453

administrators who hold an educator certificate affects the

1454

health, safety, or welfare of a student and the misconduct

1455

warrants termination, the instructional personnel or school

1456

administrators may resign or be terminated and the superintendent

1457

must report the misconduct to the department in the format

1458

prescribed by the department. The department shall maintain each

1459

report of misconduct as a public record in the instructional

1460

personnel's or school administrators' certification files. This

1461

paragraph does not limit or restrict the power and duty of the

1462

department to investigate complaints as provided in paragraphs

1463

(a) and (b), regardless of the school district's untimely filing,

1464

or failure to file, complaints and followup reports.

1465

     (e) If allegations arise against an employee who is

1466

certified under s. 1012.56 and employed in an educator-

1467

certificated position in any public school, charter school or

1468

governing board thereof, or private school that accepts

1469

scholarship students under s. 220.187 or s. 1002.39, the school

1470

shall file in writing with the department a legally sufficient

1471

complaint within 30 days after the date on which the subject

1472

matter of the complaint came to the attention of the school. A

1473

complaint is legally sufficient if it contains ultimate facts

1474

that show a violation has occurred as provided in s. 1012.795 and

1475

defined by rule of the State Board of Education. The school shall

1476

include all known information relating to the complaint with the

1477

filing of the complaint. This paragraph does not limit or

1478

restrict the power and duty of the department to investigate

1479

complaints, regardless of the school's untimely filing, or

1480

failure to file, complaints and followup reports.

1481

     (f)(d) Notwithstanding any other law, all law enforcement

1482

agencies, state attorneys, social service agencies, district

1483

school boards, and the Division of Administrative Hearings shall

1484

fully cooperate with and, upon request, shall provide unredacted

1485

documents to the Department of Education to further

1486

investigations and prosecutions conducted pursuant to this

1487

section. Any document received pursuant to this paragraph may not

1488

be redisclosed except as authorized by law.

1489

     (3)  The department staff shall advise the commissioner

1490

concerning the findings of the investigation. The department

1491

general counsel or members of that staff shall review the

1492

investigation and advise the commissioner concerning probable

1493

cause or lack thereof. The determination of probable cause shall

1494

be made by the commissioner. The commissioner shall provide an

1495

opportunity for a conference, if requested, prior to determining

1496

probable cause. The commissioner may enter into deferred

1497

prosecution agreements in lieu of finding probable cause if, when

1498

in his or her judgment, such agreements are would be in the best

1499

interests of the department, the certificateholder, and the

1500

public. Such deferred prosecution agreements shall become

1501

effective when filed with the clerk of the Education Practices

1502

Commission. However, a deferred prosecution agreement shall not

1503

be entered into if where there is probable cause to believe that

1504

a felony or an act of moral turpitude, as defined by rule of the

1505

State Board of Education, has occurred. Upon finding no probable

1506

cause, the commissioner shall dismiss the complaint.

1507

     (5) When an allegation of misconduct by instructional

1508

personnel or school administrators, as defined in s. 1012.01, is

1509

received, if the alleged misconduct affects deemed necessary to

1510

protect the health, safety, or and welfare of a minor student,

1511

the district school superintendent in consultation with the

1512

school principal, or may, and upon the request of the

1513

Commissioner of Education, must immediately shall, temporarily

1514

suspend the instructional personnel or school administrators a

1515

certificateholder from the certificateholder's regularly assigned

1516

duties, with pay, and reassign the suspended personnel or

1517

administrators certificateholder to positions a position that do

1518

does not require direct contact with students in the district

1519

school system. Such suspension shall continue until the

1520

completion of the proceedings and the determination of sanctions,

1521

if any, pursuant to this section and s. 1012.795.

1522

     Section 34.  Paragraph (b) of subsection (4) of section

1523

1012.98, Florida Statutes, is amended to read:

1524

     1012.98  School Community Professional Development Act.--

1525

     (4)  The Department of Education, school districts, schools,

1526

community colleges, and state universities share the

1527

responsibilities described in this section. These

1528

responsibilities include the following:

1529

     (b)  Each school district shall develop a professional

1530

development system as specified in subsection (3). The system

1531

shall be developed in consultation with teachers, teacher-

1532

educators of community colleges and state universities, business

1533

and community representatives, and local education foundations,

1534

consortia, and professional organizations. The professional

1535

development system must:

1536

     1.  Be approved by the department. All substantial revisions

1537

to the system shall be submitted to the department for review for

1538

continued approval.

1539

     2.  Be based on analyses of student achievement data and

1540

instructional strategies and methods that support rigorous,

1541

relevant, and challenging curricula for all students. Schools and

1542

districts, in developing and refining the professional

1543

development system, shall also review and monitor school

1544

discipline data; school environment surveys; assessments of

1545

parental satisfaction; performance appraisal data of teachers,

1546

managers, and administrative personnel; and other performance

1547

indicators to identify school and student needs that can be met

1548

by improved professional performance.

1549

     3.  Provide inservice activities coupled with followup

1550

support appropriate to accomplish district-level and school-level

1551

improvement goals and standards. The inservice activities for

1552

instructional personnel shall focus on analysis of student

1553

achievement data, ongoing formal and informal assessments of

1554

student achievement, identification and use of enhanced and

1555

differentiated instructional strategies that emphasize rigor,

1556

relevance, and reading in the content areas, enhancement of

1557

subject content expertise, integrated use of classroom technology

1558

that enhances teaching and learning, classroom management, parent

1559

involvement, and school safety.

1560

     4.  Include a master plan for inservice activities, pursuant

1561

to rules of the State Board of Education, for all district

1562

employees from all fund sources. The master plan shall be updated

1563

annually by September 1, must be based on input from teachers and

1564

district and school instructional leaders, and must use the

1565

latest available student achievement data and research to enhance

1566

rigor and relevance in the classroom. Each district inservice

1567

plan must be aligned to and support the school-based inservice

1568

plans and school improvement plans pursuant to s. 1001.42(18) s.

1569

1001.42(16). District plans must be approved by the district

1570

school board annually in order to ensure compliance with

1571

subsection (1) and to allow for dissemination of research-based

1572

best practices to other districts. District school boards must

1573

submit verification of their approval to the Commissioner of

1574

Education no later than October 1, annually.

1575

     5.  Require each school principal to establish and maintain

1576

an individual professional development plan for each

1577

instructional employee assigned to the school as a seamless

1578

component to the school improvement plans developed pursuant to

1579

s. 1001.42(18) s. 1001.42(16). The individual professional

1580

development plan must:

1581

     a.  Be related to specific performance data for the students

1582

to whom the teacher is assigned.

1583

     b.  Define the inservice objectives and specific measurable

1584

improvements expected in student performance as a result of the

1585

inservice activity.

1586

     c.  Include an evaluation component that determines the

1587

effectiveness of the professional development plan.

1588

     6.  Include inservice activities for school administrative

1589

personnel that address updated skills necessary for instructional

1590

leadership and effective school management pursuant to s.

1591

1012.986.

1592

     7.  Provide for systematic consultation with regional and

1593

state personnel designated to provide technical assistance and

1594

evaluation of local professional development programs.

1595

     8.  Provide for delivery of professional development by

1596

distance learning and other technology-based delivery systems to

1597

reach more educators at lower costs.

1598

     9.  Provide for the continuous evaluation of the quality and

1599

effectiveness of professional development programs in order to

1600

eliminate ineffective programs and strategies and to expand

1601

effective ones. Evaluations must consider the impact of such

1602

activities on the performance of participating educators and

1603

their students' achievement and behavior.

1604

     Section 35.  Subsection (4) of section 1013.03, Florida

1605

Statutes, is amended to read:

1606

     1013.03  Functions of the department and the Board of

1607

Governors.--The functions of the Department of Education as it

1608

pertains to educational facilities of school districts and

1609

community colleges and of the Board of Governors as it pertains

1610

to educational facilities of state universities shall include,

1611

but not be limited to, the following:

1612

     (4)  Require each board and other appropriate agencies to

1613

submit complete and accurate financial data as to the amounts of

1614

funds from all sources that are available and spent for

1615

construction and capital improvements. The commissioner shall

1616

prescribe the format and the date for the submission of this data

1617

and any other educational facilities data. If any district does

1618

not submit the required educational facilities fiscal data by the

1619

prescribed date, the Commissioner of Education shall notify the

1620

district school board of this fact and, if appropriate action is

1621

not taken to immediately submit the required report, the district

1622

school board shall be directed to proceed pursuant to s.

1623

1001.42(13)(b) the provisions of s. 1001.42(11)(b). If any

1624

community college or university does not submit the required

1625

educational facilities fiscal data by the prescribed date, the

1626

same policy prescribed in this subsection for school districts

1627

shall be implemented.

1628

     Section 36. The sum of $153,872 is appropriated from the

1629

Educational Certification and Services Trust Fund to the

1630

Department of Education for the 2008-2009 fiscal year, and two

1631

additional full-time equivalent positions and associated salary

1632

rate of 90,088 are authorized, for the purpose of implementing

1633

this act.

1634

     Section 37.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.