Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS/HB 7045
587670
Senate
Floor: 1g/RE/2R
4/30/2008 10:12 PM
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House
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Senator Gaetz moved the following substitute for amendment
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(652466):
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Senate Amendment (with title amendment)
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Between line(s) 1295 and 1296,
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insert:
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Section 29. 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 30. 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 31. 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 32. 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 33. Section 800.05, Florida Statutes, is created
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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 34. 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 35. 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 36. Subsections (6) through (23) of section
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1001.42, Florida Statutes, are renumbered as subsections (8)
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through (25), respectively, and new subsections (6) and (7) are
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added to that 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 37. 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
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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
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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
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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
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for use by schools in selecting business and community members
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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
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commerce, community and civic organizations and groups, and the
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public at large. The district school board shall review the
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membership composition of each advisory council. If the district
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school board determines that the membership elected by the school
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is not representative of the ethnic, racial, and economic
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community served by the school, the district school board shall
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appoint additional members to achieve proper representation. The
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commissioner shall determine if schools have maximized their
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efforts to include on their advisory councils minority persons
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and persons of lower socioeconomic status. Although schools are
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strongly encouraged to establish school advisory councils, the
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district school board of any school district that has a student
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population of 10,000 or fewer may establish a district advisory
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council which includes shall include at least one duly elected
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teacher from each school in the district. For the purposes of
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school advisory councils and district advisory councils, the term
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"teacher" includes shall include classroom teachers, certified
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student services personnel, and media specialists. For purposes
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of this paragraph, "education support employee" means any person
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employed by a school who is not defined as instructional or
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administrative personnel pursuant to s. 1012.01 and whose duties
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require 20 or more hours in each normal working week.
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(c) For those schools operating for the purpose of
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providing educational services to youth in Department of Juvenile
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Justice programs, district school boards may establish a district
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advisory council with appropriate representatives for the purpose
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of developing and monitoring a district school improvement plan
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that encompasses all such schools in the district, pursuant to s.
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1001.42(18)(a) s. 1001.42(16)(a).
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(2) DUTIES.--Each advisory council shall perform such
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functions as are prescribed by regulations of the district school
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board; however, no advisory council shall have any of the powers
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and duties now reserved by law to the district school board. Each
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school advisory council shall assist in the preparation and
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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
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Department of Education, each school advisory council shall
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assist in the preparation of the school's annual budget and plan
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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 38. Subsection (12) of section 1001.51, Florida
321
Statutes, is amended to read:
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1001.51 Duties and responsibilities of district school
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superintendent.--The district school superintendent shall
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exercise all powers and perform all duties listed below and
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elsewhere in the law, provided that, in so doing, he or she shall
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advise and counsel with the district school board. The district
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school superintendent shall perform all tasks necessary to make
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sound recommendations, nominations, proposals, and reports
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required by law to be acted upon by the district school board.
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All such recommendations, nominations, proposals, and reports by
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the district school superintendent shall be either recorded in
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the minutes or shall be made in writing, noted in the minutes,
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and filed in the public records of the district school board. It
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shall be presumed that, in the absence of the record required in
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this section, the recommendations, nominations, and proposals
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required of the district school superintendent were not contrary
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to the action taken by the district school board in such matters.
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(12) RECORDS AND REPORTS.--Recommend such records as should
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be kept in addition to those prescribed by rules of the State
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Board of Education; prepare forms for keeping such records as are
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approved by the district school board; ensure that such records
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are properly kept; and make all reports that are needed or
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required, as follows:
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(a) Forms, blanks, and reports.--Require that all employees
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accurately keep all records and promptly make in proper form all
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reports required by the education code or by rules of the State
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Board of Education; recommend the keeping of such additional
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records and the making of such additional reports as may be
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deemed necessary to provide data essential for the operation of
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the school system; and prepare such forms and blanks as may be
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required and ensure that these records and reports are properly
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prepared.
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(b) Reports to the department.--Prepare, for the approval
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of the district school board, all reports that may be required by
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law or rules of the State Board of Education to be made to the
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department and transmit promptly all such reports, when approved,
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to the department, as required by law. If any such reports are
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not transmitted at the time and in the manner prescribed by law
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or by State Board of Education rules, the salary of the district
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school superintendent must be withheld until the report has been
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properly submitted. Unless otherwise provided by rules of the
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State Board of Education, the annual report on attendance and
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personnel is due on or before July 1, and the annual school
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budget and the report on finance are due on the date prescribed
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by the commissioner.
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Any district school superintendent who knowingly signs and
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transmits to any state official a false or incorrect report that
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the superintendent knows to be false or incorrect; who knowingly
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fails to investigate any allegation of misconduct by
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instructional personnel or school administrators, as defined in
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s. 1012.01, which affects the health, safety, or welfare of a
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student; or who knowingly fails to report the alleged misconduct
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to the department as required in s. 1012.796, forfeits shall
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forfeit his or her right to any salary for the period of 1 year
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following the from that date of such act or failure to act.
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Section 39. Subsection (2) of section 1001.54, Florida
378
Statutes, is amended to read:
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1001.54 Duties of school principals.--
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(2) Each school principal shall provide instructional
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leadership in the development, revision, and implementation of a
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school improvement plan pursuant to s. 1001.42(18) s.
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1001.42(16).
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Section 40. Paragraph (b) of subsection (11) of section
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1002.32, Florida Statutes, is amended to read:
386
1002.32 Developmental research (laboratory) schools.--
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(11) EXCEPTIONS TO LAW.--To encourage innovative practices
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and facilitate the mission of the lab schools, in addition to the
389
exceptions to law specified in s. 1001.23(2), the following
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exceptions shall be permitted for lab schools:
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(b) With the exception of s. 1001.42(18) s. 1001.42(16), s.
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1001.42 shall be held in abeyance. Reference to district school
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boards in s. 1001.42(18) s. 1001.42(16) shall mean the president
394
of the university or the president's designee.
395
Section 41. Paragraph (g) of subsection (12) of section
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1002.33, Florida Statutes, is amended to read:
397
1002.33 Charter schools.--
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(12) EMPLOYEES OF CHARTER SCHOOLS.--
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(g)1. A charter school shall employ or contract with
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employees who have undergone background screening as provided in
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s. 1012.32. Members of the governing board of the charter school
402
shall also undergo background screening in a manner similar to
403
that provided in s. 1012.32.
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2. A charter school shall disqualify instructional
405
personnel and school administrators, as defined in s. 1012.01,
406
from employment in any position that requires direct contact with
407
students, if the personnel or administrators are ineligible for
408
such employment under s. 1012.315.
409
3. The governing board of a charter school shall adopt
410
policies establishing standards of ethical conduct for
411
instructional personnel and school administrators. The policies
412
must require all instructional personnel and school
413
administrators, as defined in s. 1012.01, to complete training on
414
the standards; establish the duty of instructional personnel and
415
school administrators to report, and procedures for reporting,
416
alleged misconduct by other instructional personnel and school
417
administrators which affects the health, safety, or welfare of a
418
student; and include an explanation of the liability protections
419
provided under ss. 39.203 and 768.095. A charter school, or any
420
of its employees, may not enter into a confidentiality agreement
421
regarding terminated or dismissed instructional personnel or
422
school administrators, or personnel or administrators who resign
423
in lieu of termination, based in whole or in part on misconduct
424
that affects the health, safety, or welfare of a student, and may
425
not provide instructional personnel or school administrators with
426
employment references, or discuss the personnel's or
427
administrators' performance with prospective employers in another
428
educational setting, without disclosing the personnel's or
429
administrators' misconduct. Any part of an agreement or contract
430
that has the purpose or effect of concealing misconduct by
431
instructional personnel or school administrators which affects
432
the health, safety, or welfare of a student is void, is contrary
433
to public policy, and may not be enforced.
434
4. Before employing instructional personnel or school
435
administrators in any position that requires direct contact with
436
students, a charter school shall conduct employment history
437
checks of each of the personnel's or administrators' previous
438
employer, screen the instructional personnel or school
439
administrators through use of the educator screening tools
440
described in s. 1001.10(5), and document the findings. If unable
441
to contact a previous employer, the charter school must document
442
efforts to contact the employer.
443
5. The sponsor of a charter school that fails to comply
444
with this paragraph shall terminate the charter under subsection
445
(8).
446
Section 42. Paragraph (g) is added to subsection (7) of
447
section 1002.36, Florida Statutes, to read:
448
1002.36 Florida School for the Deaf and the Blind.--
449
(7) PERSONNEL SCREENING.--
450
(g) For purposes of protecting the health, safety, or
451
welfare of students, the Florida School for the Deaf and the
452
Blind is considered a school district and must, except as
453
otherwise provided in this section, comply with ss. 1001.03,
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1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
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1012.56, 1012.795, and 1012.796.
456
Section 43. Subsections (4), (5), and (6) of section
457
1002.421, Florida Statutes, are renumbered as subsections (5),
458
(6), and (7), respectively, and a new subsection (4) is added to
459
that section to read:
460
1002.421 Accountability of private schools participating in
461
state school choice scholarship programs.--
462
(4) A private school that accepts scholarship students
463
under s. 220.187 or s. 1002.39 must:
464
(a) Disqualify instructional personnel and school
465
administrators, as defined in s. 1012.01, from employment in any
466
position that requires direct contact with students, if the
467
personnel or administrators are ineligible for such employment
468
under s. 1012.315.
469
(b) Adopt policies establishing standards of ethical
470
conduct for instructional personnel and school administrators.
471
The policies must require all instructional personnel and school
472
administrators, as defined in s. 1012.01, to complete training on
473
the standards; establish the duty of instructional personnel and
474
school administrators to report, and procedures for reporting,
475
alleged misconduct by other instructional personnel and school
476
administrations which affects the health, safety, or welfare of a
477
student; and include an explanation of the liability protections
478
provided under ss. 39.203 and 768.095. A private school, or any
479
of its employees, may not enter into a confidentiality agreement
480
regarding terminated or dismissed instructional personnel or
481
school administrators, or personnel or administrators who resign
482
in lieu of termination, based in whole or in part on misconduct
483
that affects the health, safety, or welfare of a student, and may
484
not provide the instructional personnel or school administrators
485
with employment references, or discuss the personnel's or
486
administrators' performance with prospective employers in another
487
educational setting, without disclosing the personnel's or
488
administrators' misconduct. Any part of an agreement or contract
489
that has the purpose or effect of concealing misconduct by
490
instructional personnel or school administrators which affects
491
the health, safety, or welfare of a student is void, is contrary
492
to public policy, and may not be enforced.
493
(c) Before employing instructional personnel or school
494
administrators in any position that requires direct contact with
495
students, conduct employment history checks of each of the
496
personnel's or administrators' previous employer, screen the
497
personnel or administrators through use of the educator screening
498
tools described in s. 1001.10(5), and document the findings. If
499
unable to contact a previous employer, the private school must
500
document efforts to contact the employer.
501
502
The department shall suspend the payment of funds under ss.
503
220.187 and 1002.39 to a private school that fails to comply with
504
this subsection, and shall prohibit the school from enrolling new
505
scholarship students, for 1 fiscal year and until the school
506
complies.
507
Section 44. Subsection (2) of section 1003.413, Florida
508
Statutes, is amended to read:
509
1003.413 Florida Secondary School Redesign Act.--
510
(2) The following guiding principles for secondary school
511
redesign shall be used in the annual preparation of each
512
secondary school's improvement plan required by s. 1001.42(18) s.
513
1001.42(16):
514
(a) Struggling students, especially those in failing
515
schools, need the highest quality teachers and dramatically
516
different, innovative approaches to teaching and learning.
517
(b) Every teacher must contribute to every student's
518
reading improvement.
519
(c) Quality professional development provides teachers and
520
principals with the tools they need to better serve students.
521
(d) Small learning communities allow teachers to
522
personalize instruction to better address student learning
523
styles, strengths, and weaknesses.
524
(e) Intensive intervention in reading and mathematics must
525
occur early and through innovative delivery systems.
526
(f) Parents need access to tools they can use to monitor
527
their child's progress in school, communicate with teachers, and
528
act early on behalf of their child.
529
(g) Applied and integrated courses help students see the
530
relationships between subjects and relevance to their futures.
531
(h) School is more relevant when students choose courses
532
based on their goals, interests, and talents.
533
(i) Master schedules should not determine instruction and
534
must be designed based on student needs, not adult or
535
institutional needs.
536
(j) Academic and career planning engages students in
537
developing a personally meaningful course of study so they can
538
achieve goals they have set for themselves.
539
Section 45. Paragraph (b) of subsection (2) of section
540
1003.53, Florida Statutes, is amended to read:
541
1003.53 Dropout prevention and academic intervention.--
542
(2)
543
(b) Each school that establishes a dropout prevention and
544
academic intervention program at that school site shall reflect
545
that program in the school improvement plan as required under s.
546
1001.42(18) s. 1001.42(16).
547
Section 46. Subsections (1) and (3) of section 1004.92,
548
Florida Statutes, are amended to read:
549
1004.92 Purpose and responsibilities for career
550
education.--
551
(1) The purpose of career education is to enable students
552
who complete career programs to attain and sustain employment and
553
realize economic self-sufficiency. The purpose of this section is
554
to identify issues related to career education for which school
555
boards and community college boards of trustees are accountable.
556
It is the intent of the Legislature that the standards
557
articulated in subsection (2) be considered in the development of
558
accountability standards for public schools pursuant to ss.
559
1000.03, 1001.42(18) 1001.42(16), and 1008.345 and for community
560
colleges pursuant to s. 1008.45.
561
(3) Each career center operated by a district school board
562
shall establish a center advisory council pursuant to s.
563
1001.452. The center advisory council shall assist in the
564
preparation and evaluation of center improvement plans required
565
pursuant to s. 1001.42(18) s. 1001.42(16) and may provide
566
assistance, upon the request of the center director, in the
567
preparation of the center's annual budget and plan as required by
568
s. 1008.385(1).
569
Section 47. Section 1006.061, Florida Statutes, is amended
570
to read:
571
1006.061 Child abuse, abandonment, and neglect
572
policy.--Each district school board, charter school, and private
573
school that accepts scholarship students under s. 220.187 or s.
574
1002.39 shall:
575
(1) Post in a prominent place in each school a notice that,
576
pursuant to chapter 39, all employees and agents of the district
577
school board, charter school, or private school have an
578
affirmative duty to report all actual or suspected cases of child
579
abuse, abandonment, or neglect; have immunity from liability if
580
they report such cases in good faith; and have a duty to comply
581
with child protective investigations and all other provisions of
582
law relating to child abuse, abandonment, and neglect. The notice
583
shall also include the statewide toll-free telephone number of
584
the central abuse hotline.
585
(2) Post in a prominent place at each school site and on
586
each school's Internet website, if available, the policies and
587
procedures for reporting alleged misconduct by instructional
588
personnel or school administrators which affects the health,
589
safety, or welfare of a student; the contact person to whom the
590
report is made; and the penalties imposed on instructional
591
personnel or school administrators who fail to report suspected
592
or actual child abuse or alleged misconduct by other
593
instructional personnel or school administrators.
594
(3)(2) Require the principal of the charter school or
595
private school, or the district school superintendent, or the
596
superintendent's designee, at the request of the Department of
597
Children and Family Services, to act as a liaison to the
598
Department of Children and Family Services and the child
599
protection team, as defined in s. 39.01, when in a case of
600
suspected child abuse, abandonment, or neglect or an unlawful
601
sexual offense involving a child the case is referred to such a
602
team; except that this does not relieve or restrict the
603
Department of Children and Family Services from discharging its
604
duty and responsibility under the law to investigate and report
605
every suspected or actual case of child abuse, abandonment, or
606
neglect or unlawful sexual offense involving a child.
607
608
The Department of Education shall develop, and publish on the
609
department's Internet website, sample notices suitable for
610
posting in accordance with subsections (1) and (2).
611
Section 48. Subsection (4) of section 1008.33, Florida
612
Statutes, is amended to read:
613
1008.33 Authority to enforce public school improvement.--It
614
is the intent of the Legislature that all public schools be held
615
accountable for students performing at acceptable levels. A
616
system of school improvement and accountability that assesses
617
student performance by school, identifies schools in which
618
students are not making adequate progress toward state standards,
619
institutes appropriate measures for enforcing improvement, and
620
provides rewards and sanctions based on performance shall be the
621
responsibility of the State Board of Education.
622
(4) The State Board of Education may require the Department
623
of Education or Chief Financial Officer to withhold any transfer
624
of state funds to the school district if, within the timeframe
625
specified in state board action, the school district has failed
626
to comply with the action ordered to improve the district's low-
627
performing schools. Withholding the transfer of funds shall occur
628
only after all other recommended actions for school improvement
629
have failed to improve performance. The State Board of Education
630
may impose the same penalty on any district school board that
631
fails to develop and implement a plan for assistance and
632
intervention for low-performing schools as specified in s.
633
1001.42(18)(c) s. 1001.42(16)(c).
634
Section 49. Paragraph (c) of subsection (6) of section
635
1008.345, Florida Statutes, is amended to read:
636
1008.345 Implementation of state system of school
637
improvement and education accountability.--
638
(6)
639
(c) Pursuant to s. 24.121(5)(d), the department shall not
640
release funds from the Educational Enhancement Trust Fund to any
641
district in which a school, including schools operating for the
642
purpose of providing educational services to youth in Department
643
of Juvenile Justice programs, does not have an approved school
644
improvement plan, pursuant to s. 1001.42(18) s. 1001.42(16),
645
after 1 full school year of planning and development, or does not
646
comply with school advisory council membership composition
647
requirements pursuant to s. 1001.452. The department shall send a
648
technical assistance team to each school without an approved plan
649
to develop such school improvement plan or to each school without
650
appropriate school advisory council membership composition to
651
develop a strategy for corrective action. The department shall
652
release the funds upon approval of the plan or upon establishment
653
of a plan of corrective action. Notice shall be given to the
654
public of the department's intervention and shall identify each
655
school without a plan or without appropriate school advisory
656
council membership composition.
657
Section 50. Subsection (5) of section 1010.215, Florida
658
Statutes, is amended to read:
659
1010.215 Educational funding accountability.--
660
(5) The annual school public accountability report required
661
by ss. 1001.42(18) 1001.42(16) and 1008.345 must include a school
662
financial report. The purpose of the school financial report is
663
to better inform parents and the public concerning how funds were
664
spent to operate the school during the prior fiscal year. Each
665
school's financial report must follow a uniform, districtwide
666
format that is easy to read and understand.
667
(a) Total revenue must be reported at the school, district,
668
and state levels. The revenue sources that must be addressed are
669
state and local funds, other than lottery funds; lottery funds;
670
federal funds; and private donations.
671
(b) Expenditures must be reported as the total expenditures
672
per unweighted full-time equivalent student at the school level
673
and the average expenditures per full-time equivalent student at
674
the district and state levels in each of the following categories
675
and subcategories:
676
1. Teachers, excluding substitute teachers, and education
677
paraprofessionals who provide direct classroom instruction to
678
students enrolled in programs classified by s. 1011.62 as:
679
a. Basic programs;
680
b. Students-at-risk programs;
681
c. Special programs for exceptional students;
682
d. Career education programs; and
683
e. Adult programs.
684
2. Substitute teachers.
685
3. Other instructional personnel, including school-based
686
instructional specialists and their assistants.
687
4. Contracted instructional services, including training
688
for instructional staff and other contracted instructional
689
services.
690
5. School administration, including school-based
691
administrative personnel and school-based education support
692
personnel.
693
6. The following materials, supplies, and operating capital
694
outlay:
695
a. Textbooks;
696
b. Computer hardware and software;
697
c. Other instructional materials;
698
d. Other materials and supplies; and
699
e. Library media materials.
700
7. Food services.
701
8. Other support services.
702
9. Operation and maintenance of the school plant.
703
(c) The school financial report must also identify the
704
types of district-level expenditures that support the school's
705
operations. The total amount of these district-level expenditures
706
must be reported and expressed as total expenditures per full-
707
time equivalent student.
708
Section 51. Paragraph (b) of subsection (6) of section
709
1011.18, Florida Statutes, is amended to read:
710
1011.18 School depositories; payments into and withdrawals
711
from depositories.--
712
(6) EXEMPTION FOR SELF-INSURANCE PROGRAMS AND THIRD-PARTY
713
ADMINISTERED EMPLOYEES' FRINGE BENEFIT PROGRAMS.--
714
(b) The district school board may contract with an
715
insurance company or professional administrator who holds a valid
716
certificate of authority issued by the Office of Insurance
717
Regulation of the Financial Services Commission to provide any or
718
all services that a third-party administrator is authorized by
719
law to perform. Pursuant to such contract, the district school
720
board may advance or remit money to the administrator to be
721
deposited in a designated special checking account for paying
722
claims against the district school board under its self-insurance
723
programs, and remitting premiums to the providers of insured
724
benefits on behalf of the district school board and the
725
participants in such programs, and otherwise fulfilling the
726
obligations imposed upon the administrator by law and the
727
contractual agreements between the district school board and the
728
administrator. The special checking account shall be maintained
729
in a designated district school depository. The district school
730
board may replenish such account as often as necessary upon the
731
presentation by the service organization of documentation for
732
claims or premiums due paid equal to the amount of the requested
733
reimbursement. Such replenishment shall be made by a warrant
734
signed by the chair of the district school board and
735
countersigned by the district school superintendent. Such
736
replenishment may be made by electronic, telephonic, or other
737
medium, and each transfer shall be confirmed in writing and
738
signed by the district school superintendent or his or her
739
designee. The provisions of strict accountability of all funds
740
and an annual audit by an independent certified public accountant
741
as provided in s. 1001.42(12)(k) s. 1001.42(10)(k) shall apply to
742
this subsection.
743
Section 52. Subsection (6) of section 1012.27, Florida
744
Statutes, is renumbered as subsection (7), and a new subsection
745
(6) is added to that section to read:
746
1012.27 Public school personnel; powers and duties of
747
district school superintendent.--The district school
748
superintendent is responsible for directing the work of the
749
personnel, subject to the requirements of this chapter, and in
750
addition the district school superintendent shall perform the
751
following:
752
(6) EMPLOYMENT HISTORY CHECKS.--Before employing
753
instructional personnel and school administrators, as defined in
754
s. 1012.01, in any position that requires direct contact with
755
students, conduct employment history checks of each of the
756
personnel's or administrators' previous employer, screen the
757
personnel or administrators through use of the educator screening
758
tools described in s. 1001.10(5), and document the findings. If
759
unable to contact a previous employer, the district school
760
superintendent shall document efforts to contact the employer.
761
Section 53. Section 1012.315, Florida Statutes, is created
762
to read:
763
1012.315 Disqualification from employment.--A person is
764
ineligible for educator certification, and instructional
765
personnel and school administrators, as defined in s. 1012.01,
766
are ineligible for employment in any position that requires
767
direct contact with students in a district school system, charter
768
school, or private school that accepts scholarship students under
769
s. 220.187 or s. 1002.39, if the person, instructional personnel,
770
or school administrator has been convicted of:
771
(1) Any felony offense prohibited under any of the
772
following statutes:
773
(a) Section 393.135, relating to sexual misconduct with
774
certain developmentally disabled clients and reporting of such
775
sexual misconduct.
776
(b) Section 394.4593, relating to sexual misconduct with
777
certain mental health patients and reporting of such sexual
778
misconduct.
779
(c) Section 415.111, relating to adult abuse, neglect, or
780
exploitation of aged persons or disabled adults.
781
(d) Section 782.04, relating to murder.
782
(e) Section 782.07, relating to manslaughter, aggravated
783
manslaughter of an elderly person or disabled adult, aggravated
784
manslaughter of a child, or aggravated manslaughter of an
785
officer, a firefighter, an emergency medical technician, or a
786
paramedic.
787
(f) Section 782.09, relating to killing of an unborn quick
788
child by injury to the mother.
789
(g) Section 784.021, relating to aggravated assault.
790
(h) Section 784.045, relating to aggravated battery.
791
(i) Section 784.075, relating to battery on a detention or
792
commitment facility staff.
793
(j) Section 787.01, relating to kidnapping.
794
(k) Section 787.02, relating to false imprisonment.
795
(l) Section 787.025, relating to luring or enticing a
796
child.
797
(m) Section 787.04(2), relating to leading, taking,
798
enticing, or removing a minor beyond the state limits, or
799
concealing the location of a minor, with criminal intent pending
800
custody proceedings.
801
(n) Section 787.04(3), relating to leading, taking,
802
enticing, or removing a minor beyond the state limits, or
803
concealing the location of a minor, with criminal intent pending
804
dependency proceedings or proceedings concerning alleged abuse or
805
neglect of a minor.
806
(o) Section 790.115(1), relating to exhibiting firearms or
807
weapons within 1,000 feet of a school.
808
(p) Section 790.115(2)(b), relating to possessing an
809
electric weapon or device, destructive device, or other weapon on
810
school property.
811
(q) Section 794.011, relating to sexual battery.
812
(r) Former section 794.041, relating to prohibited act of
813
familial or custodial authority.
814
(s) Section 794.05, relating to unlawful sexual activity
815
with certain minors.
816
(t) Section 794.08, relating to female genital mutilation.
817
(u) Chapter 796, relating to prostitution.
818
(v) Chapter 800, relating to lewdness and indecent
819
exposure.
820
(w) Section 806.01, relating to arson.
821
(x) Section 810.14, relating to voyeurism.
822
(y) Section 810.145, relating to video voyeurism.
823
(z) Section 812.014(6), relating to coordinating the
824
commission of theft in excess of $3,000.
825
(aa) Section 812.0145, relating to theft from persons 65
826
years of age or older.
827
(bb) Section 812.019, relating to dealing in stolen
828
property.
829
(cc) Section 812.13, relating to robbery.
830
(dd) Section 812.131, relating to robbery by sudden
831
snatching.
832
(ee) Section 812.133, relating to carjacking.
833
(ff) Section 812.135, relating to home-invasion robbery.
834
(gg) Section 817.563, relating to fraudulent sale of
835
controlled substances.
836
(hh) Section 825.102, relating to abuse, aggravated abuse,
837
or neglect of an elderly person or disabled adult.
838
(ii) Section 825.103, relating to exploitation of an
839
elderly person or disabled adult.
840
(jj) Section 825.1025, relating to lewd or lascivious
841
offenses committed upon or in the presence of an elderly person
842
or disabled person.
843
(kk) Section 826.04, relating to incest.
844
(ll) Section 827.03, relating to child abuse, aggravated
845
child abuse, or neglect of a child.
846
(mm) Section 827.04, relating to contributing to the
847
delinquency or dependency of a child.
848
(nn) Section 827.071, relating to sexual performance by a
849
child.
850
(oo) Section 843.01, relating to resisting arrest with
851
violence.
852
(pp) Chapter 847, relating to obscenity.
853
(qq) Section 874.05, relating to encouraging or recruiting
854
another to join a criminal gang.
855
(rr) Chapter 893, relating to drug abuse prevention and
856
control, if the offense was a felony of the second degree or
857
greater severity.
858
(ss) Section 916.1075, relating to sexual misconduct with
859
certain forensic clients and reporting of such sexual misconduct.
860
(tt) Section 944.47, relating to introduction of contraband
861
into a correctional facility.
862
(uu) Section 985.701, relating to sexual misconduct in
863
juvenile justice programs.
864
(vv) Section 985.711, relating to contraband introduced
865
into detention facilities.
866
(2) Any misdemeanor offense prohibited under any of the
867
following statutes:
868
(a) Section 784.03, relating to battery, if the victim of
869
the offense was a minor.
870
(b) Section 787.025, relating to luring or enticing a
871
child.
872
(3) Any criminal act committed in another state or under
873
federal law which, if committed in this state, constitutes an
874
offense prohibited under any statute listed in subsection (1) or
875
subsection (2).
876
(4) Any delinquent act committed in this state or any
877
delinquent or criminal act committed in another state or under
878
federal law which, if committed in this state, qualifies an
879
individual for inclusion on the Registered Juvenile Sex Offender
880
List under s. 943.0435(1)(a)1.d.
881
Section 54. Subsections (1) and (2) and paragraph (c) of
882
subsection (3) of section 1012.32, Florida Statutes, are amended
883
to read:
884
1012.32 Qualifications of personnel.--
885
(1) To be eligible for appointment in any position in any
886
district school system, a person must shall be of good moral
887
character; must shall have attained the age of 18 years, if he or
888
she is to be employed in an instructional capacity; must not be
889
ineligible for such employment under s. 1012.315; and must shall,
890
when required by law, hold a certificate or license issued under
891
rules of the State Board of Education or the Department of
892
Children and Family Services, except when employed pursuant to s.
893
1012.55 or under the emergency provisions of s. 1012.24. Previous
894
residence in this state shall not be required in any school of
895
the state as a prerequisite for any person holding a valid
896
Florida certificate or license to serve in an instructional
897
capacity.
898
(2)(a) Instructional and noninstructional personnel who are
899
hired or contracted to fill positions that require requiring
900
direct contact with students in any district school system or
901
university lab school must shall, upon employment or engagement
902
to provide services, undergo background screening as required
903
under s. 1012.465 or s. 1012.56, whichever is applicable.
904
(b) Instructional and noninstructional personnel who are
905
hired or contracted to fill positions in any charter school and
906
members of the governing board of any charter school, in
907
compliance with s. 1002.33(12)(g), must shall, upon employment,
908
engagement of services, or appointment, undergo background
909
screening as required under s. 1012.465 or s. 1012.56, whichever
910
is applicable, by filing with the district school board for the
911
school district in which the charter school is located a complete
912
set of fingerprints taken by an authorized law enforcement agency
913
or an employee of the school or school district who is trained to
914
take fingerprints.
915
(c) Instructional and noninstructional personnel who are
916
hired or contracted to fill positions that require requiring
917
direct contact with students in an alternative school that
918
operates under contract with a district school system must shall,
919
upon employment or engagement to provide services, undergo
920
background screening as required under s. 1012.465 or s. 1012.56,
921
whichever is applicable, by filing with the district school board
922
for the school district to which the alternative school is under
923
contract a complete set of fingerprints taken by an authorized
924
law enforcement agency or an employee of the school or school
925
district who is trained to take fingerprints.
926
(d) Student teachers, persons participating in a field
927
experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
928
participating in a short-term experience as a teacher assistant
929
pursuant to s. 1004.04(10) in any district school system, lab
930
school, or charter school must shall, upon engagement to provide
931
services, undergo background screening as required under s.
932
1012.56.
933
934
Fingerprints shall be submitted to the Department of Law
935
Enforcement for state criminal records checks processing and to
936
the Federal Bureau of Investigation for national criminal records
937
checks federal processing. A person Persons subject to this
938
subsection who is found ineligible for employment under s.
939
1012.315, or otherwise found through background screening
940
fingerprint processing to have been convicted of any a crime
941
involving moral turpitude as defined by rule of the State Board
942
of Education, shall not be employed, engaged to provide services,
943
or serve in any position that requires requiring direct contact
944
with students. Probationary persons subject to this subsection
945
terminated because of their criminal record have the right to
946
appeal such decisions. The cost of the background screening may
947
be borne by the district school board, the charter school, the
948
employee, the contractor, or a person subject to this subsection.
949
(3)
950
(c) Personnel whose fingerprints are not retained by the
951
Department of Law Enforcement under paragraphs (a) and (b) must
952
are required to be refingerprinted and rescreened in accordance
953
with subsection (2) must meet level 2 screening requirements as
954
described in this section upon reemployment or reengagement to
955
provide services in order to comply with the requirements of this
956
subsection.
957
Section 55. Paragraph (a) of subsection (1), paragraph (c)
958
of subsection (4), and paragraph (b) of subsection (6) of section
959
1012.33, Florida Statutes, are amended to read:
960
1012.33 Contracts with instructional staff, supervisors,
961
and school principals.--
962
(1)(a) Each person employed as a member of the
963
instructional staff in any district school system shall be
964
properly certified pursuant to s. 1012.56 or s. 1012.57 or
965
employed pursuant to s. 1012.39 and shall be entitled to and
966
shall receive a written contract as specified in this section.
967
All such contracts, except continuing contracts as specified in
968
subsection (4), shall contain provisions for dismissal during the
969
term of the contract only for just cause. Just cause includes,
970
but is not limited to, the following instances, as defined by
971
rule of the State Board of Education: immorality, misconduct in
972
office, incompetency, gross insubordination, willful neglect of
973
duty, or being convicted or found guilty of, or entering a plea
974
of guilty to, regardless of adjudication of guilt, any or
975
conviction of a crime involving moral turpitude.
976
(4)
977
(c) Any member of the district administrative or
978
supervisory staff and any member of the instructional staff,
979
including any school principal, who is under continuing contract
980
may be suspended or dismissed at any time during the school year;
981
however, the charges against him or her must be based on
982
immorality, misconduct in office, incompetency, gross
983
insubordination, willful neglect of duty, drunkenness, or being
984
convicted or found guilty of, or entering a plea of guilty to,
985
regardless of adjudication of guilt, any conviction of a crime
986
involving moral turpitude, as these terms are defined by rule of
987
the State Board of Education. Whenever such charges are made
988
against an any such employee of the district school board, the
989
district school board may suspend such person without pay; but,
990
if the charges are not sustained, he or she shall be immediately
991
reinstated, and his or her back salary shall be paid. In cases of
992
suspension by the district school board or by the district school
993
superintendent, the district school board shall determine upon
994
the evidence submitted whether the charges have been sustained
995
and, if the charges are sustained, shall determine either to
996
dismiss the employee or fix the terms under which he or she may
997
be reinstated. If such charges are sustained by a majority vote
998
of the full membership of the district school board and the such
999
employee is discharged, his or her contract of employment shall
1000
be thereby canceled. Any such decision adverse to the employee
1001
may be appealed by the employee pursuant to s. 120.68, provided
1002
the such appeal is filed within 30 days after the decision of the
1003
district school board.
1004
(6)
1005
(b) Any member of the district administrative or
1006
supervisory staff, including any principal but excluding an
1007
employee specified in subsection (4), may be suspended or
1008
dismissed at any time during the term of the contract; however,
1009
the charges against him or her must be based on immorality,
1010
misconduct in office, incompetency, gross insubordination,
1011
willful neglect of duty, drunkenness, or being convicted or found
1012
guilty of, or entering a plea of guilty, regardless of
1013
adjudication of guilt, conviction of any crime involving moral
1014
turpitude, as these terms are defined by rule of the State Board
1015
of Education. Whenever such charges are made against an any such
1016
employee of the district school board, the district school board
1017
may suspend the employee without pay; but, if the charges are not
1018
sustained, he or she shall be immediately reinstated, and his or
1019
her back salary shall be paid. In cases of suspension by the
1020
district school board or by the district school superintendent,
1021
the district school board shall determine upon the evidence
1022
submitted whether the charges have been sustained and, if the
1023
charges are sustained, shall determine either to dismiss the
1024
employee or fix the terms under which he or she may be
1025
reinstated. If such charges are sustained by a majority vote of
1026
the full membership of the district school board and the such
1027
employee is discharged, his or her contract of employment shall
1028
be thereby canceled. Any such decision adverse to the employee
1029
may be appealed by him or her pursuant to s. 120.68, provided
1030
such appeal is filed within 30 days after the decision of the
1031
district school board.
1032
Section 56. Subsection (4) of section 1012.34, Florida
1033
Statutes, is amended to read:
1034
1012.34 Assessment procedures and criteria.--
1035
(4) The district school superintendent shall notify the
1036
department of any instructional personnel who receive two
1037
consecutive unsatisfactory evaluations and who have been given
1038
written notice by the district that their employment is being
1039
terminated or is not being renewed or that the district school
1040
board intends to terminate, or not renew, their employment. The
1041
department shall conduct an investigation to determine whether
1042
action shall be taken against the certificateholder pursuant to
1043
s. 1012.795(1)(c) s. 1012.795(1)(b).
1044
Section 57. Subsections (9) and (14) of section 1012.56,
1045
Florida Statutes, are amended to read:
1046
1012.56 Educator certification requirements.--
1047
(9) BACKGROUND SCREENING REQUIRED, INITIALLY AND
1048
PERIODICALLY.--
1049
(a) Each person who seeks certification under this chapter
1050
must be fingerprinted and screened meet level 2 screening
1051
requirements as described in accordance with s. 1012.32 and must
1052
not be ineligible for such certification under s. 1012.315. A
1053
person who has been screened in accordance with s. 1012.32 unless
1054
a level 2 screening has been conducted by a district school board
1055
or the Department of Education within 12 months before the date
1056
the person initially obtains certification under this chapter,
1057
the results of which are submitted to the district school board
1058
or to the Department of Education, is not required to repeat the
1059
screening under this paragraph.
1060
(b) A person may not receive a certificate under this
1061
chapter until the person's level 2 screening under s. 1012.32 is
1062
has been completed and the results have been submitted to the
1063
Department of Education or to the district school superintendent
1064
of the school district that employs the person. Every 5 years
1065
after obtaining initial certification, each person who is
1066
required to be certified under this chapter must be rescreened
1067
meet level 2 screening requirements as described in accordance
1068
with s. 1012.32, at which time the school district shall request
1069
the Department of Law Enforcement to forward the fingerprints to
1070
the Federal Bureau of Investigation for national criminal records
1071
checks the level 2 screening. If, for any reason after obtaining
1072
initial certification, the fingerprints of a person who is
1073
required to be certified under this chapter are not retained by
1074
the Department of Law Enforcement under s. 1012.32(3)(a) and (b),
1075
the person must file a complete set of fingerprints with the
1076
district school superintendent of the employing school district.
1077
Upon submission of fingerprints for this purpose, the school
1078
district shall request the Department of Law Enforcement to
1079
forward the fingerprints to the Federal Bureau of Investigation
1080
for national criminal records checks the level 2 screening, and
1081
the fingerprints shall be retained by the Department of Law
1082
Enforcement under s. 1012.32(3)(a) and (b). The cost of the state
1083
and national federal criminal history checks check required by
1084
paragraph (a) and this paragraph level 2 screening may be borne
1085
by the district school board or the employee. Under penalty of
1086
perjury, each person who is certified under this chapter must
1087
agree to inform his or her employer within 48 hours if convicted
1088
of any disqualifying offense while he or she is employed in a
1089
position for which such certification is required.
1090
(c) If it is found under s. 1012.796 that a person who is
1091
employed in a position requiring certification under this chapter
1092
has does not been screened in accordance with s. 1012.32, or is
1093
ineligible for such certification under s. 1012.315 meet the
1094
level 2 screening requirements, the person's certification shall
1095
be immediately revoked or suspended and he or she shall be
1096
immediately suspended from the position requiring certification.
1097
(14) PERSONNEL RECORDS.--The Department of Education shall
1098
maintain an electronic database that includes, but need not be
1099
limited to, a complete statement of the academic preparation,
1100
professional training, and teaching experience of each person to
1101
whom a certificate is issued. The applicant or the district
1102
school superintendent shall furnish the information using a
1103
format or forms provided by the department.
1104
Section 58. Subsection (1) and paragraph (a) of subsection
1105
(8) of section 1012.79, Florida Statutes, are amended to read:
1106
1012.79 Education Practices Commission; organization.--
1107
(1) The Education Practices Commission consists of 25 17
1108
members, including 8 7 teachers;, 5 administrators, at least one
1109
of whom shall represent a private school; 7 and 5 lay citizens, 5
1110
(of whom shall be parents of public school students and who are
1111
unrelated to public school employees and 2 of whom shall be
1112
former district school board members;), and 5 sworn law
1113
enforcement officials, appointed by the State Board of Education
1114
from nominations by the Commissioner of Education and subject to
1115
Senate confirmation. Prior to making nominations, the
1116
commissioner shall consult with the teaching associations, parent
1117
organizations, law enforcement agencies, and other involved
1118
associations in the state. In making nominations, the
1119
commissioner shall attempt to achieve equal geographical
1120
representation, as closely as possible.
1121
(a) A teacher member, in order to be qualified for
1122
appointment:
1123
1. Must be certified to teach in the state.
1124
2. Must be a resident of the state.
1125
3. Must have practiced the profession in this state for at
1126
least 5 years immediately preceding the appointment.
1127
(b) A school administrator member, in order to be qualified
1128
for appointment:
1129
1. Must have an endorsement on the educator certificate in
1130
the area of school administration or supervision.
1131
2. Must be a resident of the state.
1132
3. Must have practiced the profession as an administrator
1133
for at least 5 years immediately preceding the appointment.
1134
(c) The lay members must be residents of the state.
1135
(d) The law enforcement official members must have served
1136
in the profession for at least 5 years immediately preceding
1137
appointment and have background expertise in child safety.
1138
(8)(a) The commission shall, from time to time, designate
1139
members of the commission to serve on panels for the purpose of
1140
reviewing and issuing final orders upon cases presented to the
1141
commission. A case concerning a complaint against a teacher shall
1142
be reviewed and a final order thereon shall be entered by a panel
1143
composed of five commission members, at least one of whom must be
1144
a parent or a sworn law enforcement officer and at least three of
1145
whom must shall be teachers. A case concerning a complaint
1146
against an administrator shall be reviewed and a final order
1147
thereon shall be entered by a panel composed of five commission
1148
members, at least one of whom must be a parent or a sworn law
1149
enforcement officer and at least three of whom must shall be
1150
administrators.
1151
Section 59. Subsection (1) of section 1012.795, Florida
1152
Statutes, is amended to read:
1153
1012.795 Education Practices Commission; authority to
1154
discipline.--
1155
(1) The Education Practices Commission may suspend the
1156
educator certificate of any person as defined in s. 1012.01(2) or
1157
(3) for a period of time not to exceed 5 years, thereby denying
1158
that person the right to teach or otherwise be employed by a
1159
district school board or public school in any capacity requiring
1160
direct contact with students for that period of time, after which
1161
the holder may return to teaching as provided in subsection (4);
1162
may revoke the educator certificate of any person, thereby
1163
denying that person the right to teach or otherwise be employed
1164
by a district school board or public school in any capacity
1165
requiring direct contact with students for a period of time not
1166
to exceed 10 years, with reinstatement subject to the provisions
1167
of subsection (4); may revoke permanently the educator
1168
certificate of any person thereby denying that person the right
1169
to teach or otherwise be employed by a district school board or
1170
public school in any capacity requiring direct contact with
1171
students; may suspend the educator certificate, upon order of the
1172
court, of any person found to have a delinquent child support
1173
obligation; or may impose any other penalty provided by law, if
1174
provided it can be shown that the person:
1175
(a) Obtained or attempted to obtain an educator certificate
1176
by fraudulent means.
1177
(b) Knowingly failed to report actual or suspected child
1178
abuse as required in s. 1006.061 or report alleged misconduct by
1179
instructional personnel or school administrators which affects
1180
the health, safety, or welfare of a student as required in s.
1181
1012.796.
1182
(c)(b) Has proved to be incompetent to teach or to perform
1183
duties as an employee of the public school system or to teach in
1184
or to operate a private school.
1185
(d)(c) Has been guilty of gross immorality or an act
1186
involving moral turpitude as defined by rule of the State Board
1187
of Education.
1188
(e)(d) Has had an educator certificate sanctioned by
1189
revocation, suspension, or surrender in another state.
1190
(f)(e) Has been convicted or found guilty of, or entered a
1191
plea of guilty to, regardless of adjudication of guilt, a
1192
misdemeanor, felony, or any other criminal charge, other than a
1193
minor traffic violation.
1194
(g)(f) Upon investigation, has been found guilty of
1195
personal conduct which seriously reduces that person's
1196
effectiveness as an employee of the district school board.
1197
(h)(g) Has breached a contract, as provided in s.
1198
1012.33(2).
1199
(i)(h) Has been the subject of a court order directing the
1200
Education Practices Commission to suspend the certificate as a
1201
result of a delinquent child support obligation.
1202
(j)(i) Has violated the Principles of Professional Conduct
1203
for the Education Profession prescribed by State Board of
1204
Education rules.
1205
(k)(j) Has otherwise violated the provisions of law, the
1206
penalty for which is the revocation of the educator certificate.
1207
(l)(k) Has violated any order of the Education Practices
1208
Commission.
1209
(m)(l) Has been the subject of a court order or plea
1210
agreement in any jurisdiction which requires the
1211
certificateholder to surrender or otherwise relinquish his or her
1212
educator's certificate. A surrender or relinquishment shall be
1213
for permanent revocation of the certificate. A person may not
1214
surrender or otherwise relinquish his or her certificate prior to
1215
a finding of probable cause by the commissioner as provided in s.
1216
1012.796.
1217
(n) Has been disqualified from educator certification under
1218
s. 1012.315.
1219
Section 60. Subsections (1), (3), and (5) of section
1220
1012.796, Florida Statutes, are amended to read:
1221
1012.796 Complaints against teachers and administrators;
1222
procedure; penalties.--
1223
(1)(a) The Department of Education shall cause to be
1224
investigated expeditiously any complaint filed before it or
1225
otherwise called to its attention which, if legally sufficient,
1226
contains grounds for the revocation or suspension of a
1227
certificate or any other appropriate penalty as set forth in
1228
subsection (7). The complaint is legally sufficient if it
1229
contains the ultimate facts which show a violation has occurred
1230
as provided in s. 1012.795 and defined by rule of the State Board
1231
of Education. The department shall may investigate or continue to
1232
investigate and take appropriate action on a complaint even
1233
though the original complainant withdraws the complaint or
1234
otherwise indicates a desire not to cause it to be investigated
1235
or prosecuted to completion. The department may investigate or
1236
continue to investigate and take action on a complaint filed
1237
against a person whose educator certificate has expired if the
1238
act or acts that which are the basis for the complaint were
1239
allegedly committed while that person possessed an educator
1240
certificate.
1241
(b) The department shall immediately investigate any
1242
legally sufficient complaint that involves misconduct by any
1243
certificated personnel which affects the health, safety, or
1244
welfare of a student, giving the complaint priority over other
1245
pending complaints. The department must investigate or continue
1246
to investigate and take action on such a complaint filed against
1247
a person whose educator certificate has expired if the act or
1248
acts that are the basis for the complaint were allegedly
1249
committed while that person possessed an educator certificate.
1250
(c)(b) When an investigation is undertaken, the department
1251
shall notify the certificateholder or applicant for certification
1252
and the district school superintendent or the university
1253
laboratory school, charter school, or private school in which the
1254
certificateholder or applicant for certification is employed or
1255
was employed at the time the alleged offense occurred. In
1256
addition, the department shall inform the certificateholder or
1257
applicant for certification of the substance of any complaint
1258
which has been filed against that certificateholder or applicant,
1259
unless the department determines that such notification would be
1260
detrimental to the investigation, in which case the department
1261
may withhold notification.
1262
(d)(c) Each school district shall file in writing with the
1263
department all legally sufficient complaints within 30 days after
1264
the date on which subject matter of the complaint comes to the
1265
attention of the school district. A complaint is legally
1266
sufficient if it contains ultimate facts that show a violation
1267
has occurred as provided in s. 1012.795 and defined by rule of
1268
the State Board of Education. The school district shall include
1269
all information relating to the complaint which is known to the
1270
school district at the time of filing. Each district school board
1271
shall develop and adopt policies and procedures to comply with
1272
this reporting requirement. School board policies and procedures
1273
must include standards for screening, hiring, and terminating
1274
instructional personnel and school administrators, as defined in
1275
s. 1012.01; standards of ethical conduct for instructional
1276
personnel and school administrators; the duties of instructional
1277
personnel and school administrators for upholding the standards;
1278
detailed procedures for reporting alleged misconduct by
1279
instructional personnel and school administrators which affects
1280
the health, safety, or welfare of a student; requirements for the
1281
reassignment of instructional personnel or school administrators
1282
pending the outcome of a misconduct investigation; and penalties
1283
for failing to comply with s. 1001.51 or s. 1012.795. The
1284
district school board policies and procedures shall include
1285
appropriate penalties for all personnel of the district school
1286
board for nonreporting and procedures for promptly informing the
1287
district school superintendent of each legally sufficient
1288
complaint. The district school superintendent is charged with
1289
knowledge of these policies and procedures and is accountable for
1290
the training of all instructional personnel and school
1291
administrators of the school district on the standards of ethical
1292
conduct, policies, and procedures. If the district school
1293
superintendent has knowledge of a legally sufficient complaint
1294
and does not report the complaint, or fails to enforce the
1295
policies and procedures of the district school board, and fails
1296
to comply with the requirements of this subsection, in addition
1297
to other actions against certificateholders authorized by law,
1298
the district school superintendent is shall be subject to
1299
penalties as specified in s. 1001.51(12). If the superintendent
1300
determines that misconduct by instructional personnel or school
1301
administrators who hold an educator certificate affects the
1302
health, safety, or welfare of a student, and the misconduct
1303
warrants termination, the instructional personnel or school
1304
administrators may resign or be terminated, and the
1305
superintendent must report the misconduct to the department in
1306
the format prescribed by the department. The department shall
1307
maintain each report of misconduct as a public record in the
1308
instructional personnel's or school administrators' certification
1309
files. This paragraph does not limit or restrict the power and
1310
duty of the department to investigate complaints as provided in
1311
paragraphs (a) and (b), regardless of the school district's
1312
untimely filing, or failure to file, complaints and followup
1313
reports.
1314
(e) If allegations arise against an employee who is
1315
certified under s. 1012.56, and employed in an educator-
1316
certificated position in any school or by any provider in the
1317
state, such school or provider, or governing body thereof, shall
1318
file in writing with the department a legally sufficient
1319
complaint within 30 days after the date on which the subject
1320
matter of the complaint came to the attention of the school or
1321
provider. A complaint is legally sufficient if it contains
1322
ultimate facts that show a violation has occurred as provided in
1323
s. 1012.795 and defined by rule of the State Board of Education.
1324
The school or provider shall include all known information
1325
relating to the complaint with the filing of the complaint. This
1326
paragraph does not limit or restrict the power and duty of the
1327
department to investigate complaints, regardless of the school's
1328
or the provider's untimely filing, or failure to file, complaints
1329
and followup reports.
1330
(f)(d) Notwithstanding any other law, all law enforcement
1331
agencies, state attorneys, social service agencies, district
1332
school boards, and the Division of Administrative Hearings shall
1333
fully cooperate with and, upon request, shall provide unredacted
1334
documents to the Department of Education to further
1335
investigations and prosecutions conducted pursuant to this
1336
section. Any document received pursuant to this paragraph may not
1337
be redisclosed except as authorized by law.
1338
(3) The department staff shall advise the commissioner
1339
concerning the findings of the investigation. The department
1340
general counsel or members of that staff shall review the
1341
investigation and advise the commissioner concerning probable
1342
cause or lack thereof. The determination of probable cause shall
1343
be made by the commissioner. The commissioner shall provide an
1344
opportunity for a conference, if requested, prior to determining
1345
probable cause. The commissioner may enter into deferred
1346
prosecution agreements in lieu of finding probable cause if, when
1347
in his or her judgment, such agreements are would be in the best
1348
interests of the department, the certificateholder, and the
1349
public. Such deferred prosecution agreements shall become
1350
effective when filed with the clerk of the Education Practices
1351
Commission. However, a deferred prosecution agreement shall not
1352
be entered into if where there is probable cause to believe that
1353
a felony or an act of moral turpitude, as defined by rule of the
1354
State Board of Education, has occurred. Upon finding no probable
1355
cause, the commissioner shall dismiss the complaint.
1356
(5) When an allegation of misconduct by instructional
1357
personnel or school administrators, as defined in s. 1012.01, is
1358
received, if the alleged misconduct affects deemed necessary to
1359
protect the health, safety, or and welfare of a minor student,
1360
the district school superintendent in consultation with the
1361
school principal, or may, and upon the request of the
1362
Commissioner of Education, must immediately shall, temporarily
1363
suspend the instructional personnel or school administrators a
1364
certificateholder from the certificateholder's regularly assigned
1365
duties, with pay, and reassign the suspended personnel or
1366
administrators certificateholder to positions a position that do
1367
does not require direct contact with students in the district
1368
school system. Such suspension shall continue until the
1369
completion of the proceedings and the determination of sanctions,
1370
if any, pursuant to this section and s. 1012.795.
1371
Section 61. Paragraph (b) of subsection (4) of section
1372
1012.98, Florida Statutes, is amended to read:
1373
1012.98 School Community Professional Development Act.--
1374
(4) The Department of Education, school districts, schools,
1375
community colleges, and state universities share the
1376
responsibilities described in this section. These
1377
responsibilities include the following:
1378
(b) Each school district shall develop a professional
1379
development system as specified in subsection (3). The system
1380
shall be developed in consultation with teachers, teacher-
1381
educators of community colleges and state universities, business
1382
and community representatives, and local education foundations,
1383
consortia, and professional organizations. The professional
1384
development system must:
1385
1. Be approved by the department. All substantial revisions
1386
to the system shall be submitted to the department for review for
1387
continued approval.
1388
2. Be based on analyses of student achievement data and
1389
instructional strategies and methods that support rigorous,
1390
relevant, and challenging curricula for all students. Schools and
1391
districts, in developing and refining the professional
1392
development system, shall also review and monitor school
1393
discipline data; school environment surveys; assessments of
1394
parental satisfaction; performance appraisal data of teachers,
1395
managers, and administrative personnel; and other performance
1396
indicators to identify school and student needs that can be met
1397
by improved professional performance.
1398
3. Provide inservice activities coupled with followup
1399
support appropriate to accomplish district-level and school-level
1400
improvement goals and standards. The inservice activities for
1401
instructional personnel shall focus on analysis of student
1402
achievement data, ongoing formal and informal assessments of
1403
student achievement, identification and use of enhanced and
1404
differentiated instructional strategies that emphasize rigor,
1405
relevance, and reading in the content areas, enhancement of
1406
subject content expertise, integrated use of classroom technology
1407
that enhances teaching and learning, classroom management, parent
1408
involvement, and school safety.
1409
4. Include a master plan for inservice activities, pursuant
1410
to rules of the State Board of Education, for all district
1411
employees from all fund sources. The master plan shall be updated
1412
annually by September 1, must be based on input from teachers and
1413
district and school instructional leaders, and must use the
1414
latest available student achievement data and research to enhance
1415
rigor and relevance in the classroom. Each district inservice
1416
plan must be aligned to and support the school-based inservice
1417
plans and school improvement plans pursuant to s. 1001.42(18) s.
1418
1001.42(16). District plans must be approved by the district
1419
school board annually in order to ensure compliance with
1420
subsection (1) and to allow for dissemination of research-based
1421
best practices to other districts. District school boards must
1422
submit verification of their approval to the Commissioner of
1423
Education no later than October 1, annually.
1424
5. Require each school principal to establish and maintain
1425
an individual professional development plan for each
1426
instructional employee assigned to the school as a seamless
1427
component to the school improvement plans developed pursuant to
1428
s. 1001.42(18) s. 1001.42(16). The individual professional
1429
development plan must:
1430
a. Be related to specific performance data for the students
1431
to whom the teacher is assigned.
1432
b. Define the inservice objectives and specific measurable
1433
improvements expected in student performance as a result of the
1434
inservice activity.
1435
c. Include an evaluation component that determines the
1436
effectiveness of the professional development plan.
1437
6. Include inservice activities for school administrative
1438
personnel that address updated skills necessary for instructional
1439
leadership and effective school management pursuant to s.
1440
1012.986.
1441
7. Provide for systematic consultation with regional and
1442
state personnel designated to provide technical assistance and
1443
evaluation of local professional development programs.
1444
8. Provide for delivery of professional development by
1445
distance learning and other technology-based delivery systems to
1446
reach more educators at lower costs.
1447
9. Provide for the continuous evaluation of the quality and
1448
effectiveness of professional development programs in order to
1449
eliminate ineffective programs and strategies and to expand
1450
effective ones. Evaluations must consider the impact of such
1451
activities on the performance of participating educators and
1452
their students' achievement and behavior.
1453
Section 62. Subsection (4) of section 1013.03, Florida
1454
Statutes, is amended to read:
1455
1013.03 Functions of the department and the Board of
1456
Governors.--The functions of the Department of Education as it
1457
pertains to educational facilities of school districts and
1458
community colleges and of the Board of Governors as it pertains
1459
to educational facilities of state universities shall include,
1460
but not be limited to, the following:
1461
(4) Require each board and other appropriate agencies to
1462
submit complete and accurate financial data as to the amounts of
1463
funds from all sources that are available and spent for
1464
construction and capital improvements. The commissioner shall
1465
prescribe the format and the date for the submission of this data
1466
and any other educational facilities data. If any district does
1467
not submit the required educational facilities fiscal data by the
1468
prescribed date, the Commissioner of Education shall notify the
1469
district school board of this fact and, if appropriate action is
1470
not taken to immediately submit the required report, the district
1471
school board shall be directed to proceed pursuant to s.
1472
1001.42(13)(b) the provisions of s. 1001.42(11)(b). If any
1473
community college or university does not submit the required
1474
educational facilities fiscal data by the prescribed date, the
1475
same policy prescribed in this subsection for school districts
1476
shall be implemented.
1477
Section 63. The sum of $153,872 is appropriated from the
1478
Educational Certification and Services Trust Fund to the
1479
Department of Education for the 2008-2009 fiscal year, and two
1480
additional full-time equivalent positions and associated salary
1481
rate of 90,088 are authorized, for the purpose of implementing
1482
this act.
1483
1484
================ T I T L E A M E N D M E N T ================
1485
And the title is amended as follows:
1486
On line(s) 1431, after the semicolon,
1487
insert:
1488
amending s. 24.121, F.S., relating to public school
1489
funding; conforming cross-references; amending s.
1490
112.3173, F.S.; specifying certain felony offenses against
1491
a minor as additional offenses that constitute a breach of
1492
the public trust; requiring a person committing such an
1493
offense to forfeit benefits under certain public
1494
retirement systems; amending s. 121.091, F.S.; prohibiting
1495
the Division of Retirement from paying benefits to a
1496
member who commits certain felony offenses against a
1497
minor; conforming a cross-reference; creating ss. 794.09
1498
and 800.05, F.S.; providing notice in the criminal
1499
statutes that certain retirement benefits are subject to
1500
forfeiture for committing certain felony offenses against
1501
a minor; amending s. 1001.10, F.S.; requiring the
1502
Department of Education to assist school districts,
1503
charter schools, the Florida School for the Deaf and the
1504
Blind, and private schools that accept school choice
1505
scholarship students in developing policies, procedures,
1506
and training related to employment practices and standards
1507
of ethical conduct; requiring the department to provide
1508
authorized staff with access to certain databases for
1509
employment history verification; amending s. 1001.32,
1510
F.S., relating to school administration; conforming a
1511
cross-reference; amending s. 1001.42, F.S.; requiring each
1512
district school board to adopt standards of ethical
1513
conduct and provide training for instructional personnel
1514
and school administrators; prohibiting confidentiality
1515
agreements regarding terminated or dismissed instructional
1516
personnel and school administrators which have the effect
1517
of concealing certain misconduct; prohibiting a school
1518
district from providing employment references for
1519
specified personnel and administrators except under
1520
certain circumstances; requiring a person who committed
1521
certain crimes to be disqualified from employment in
1522
certain positions in a district school system under
1523
specified conditions; providing that a district school
1524
board official who knowingly signs and transmits a false
1525
or incorrect report, or fails to adopt certain policies,
1526
forfeits his or her salary for a specified period;
1527
amending s. 1001.452, F.S., relating to district and
1528
school advisory councils; conforming cross-references;
1529
amending s. 1001.51, F.S.; providing that a district
1530
school superintendent forfeits his or her salary for a
1531
specified period following failure to investigate and
1532
report allegations of certain misconduct by specified
1533
personnel or administrators; amending ss. 1001.54 and
1534
1002.32, F.S., relating to duties of principals and
1535
laboratory schools; conforming cross-references; amending
1536
s. 1002.33, F.S.; requiring a person who committed certain
1537
crimes to be disqualified from employment in certain
1538
positions in a charter school under specified conditions;
1539
requiring charter schools to adopt standards of ethical
1540
conduct and provide training for all instructional
1541
personnel and school administrators; prohibiting
1542
confidentiality agreements regarding terminated or
1543
dismissed instructional personnel and school
1544
administrators which have the effect of concealing certain
1545
misconduct; prohibiting a charter school from providing
1546
employment references for specified personnel and
1547
administrators except under certain circumstances;
1548
requiring a charter school to contact the previous
1549
employer, and verify the employment history against
1550
certain databases, of persons seeking employment in
1551
certain positions; requiring a charter school's sponsor to
1552
terminate the school's charter for failing to comply with
1553
these requirements; amending s. 1002.36, F.S.; requiring
1554
the Florida School for the Deaf and the Blind to meet
1555
certain requirements governing the screening of personnel;
1556
amending s. 1002.421, F.S.; requiring a person who
1557
committed certain crimes to be disqualified from
1558
employment in certain positions in a private school that
1559
accepts certain scholarship students under specified
1560
conditions; requiring certain private schools to adopt
1561
standards of ethical conduct and provide training for all
1562
instructional personnel and school administrations;
1563
prohibiting confidentiality agreements regarding
1564
terminated or dismissed instructional personnel or school
1565
administrators which have the effect of concealing certain
1566
misconduct; prohibiting a private school from providing
1567
employment references for specified personnel and
1568
administrators except under certain circumstances;
1569
requiring a private school to contact the previous
1570
employer, and verify the employment history against
1571
certain databases, of persons seeking employment in
1572
certain positions; requiring the Department of Education
1573
to suspend enrollment of new students and the payment of
1574
funds to a private school failing to comply with these
1575
requirements; amending ss. 1003.413, 1003.53, and 1004.92,
1576
F.S., relating to educational instruction and programs;
1577
conforming cross-references; amending s. 1006.061, F.S.;
1578
requiring district school boards, charter schools, and
1579
private schools that accept certain scholarship students
1580
to post policies for reporting child abuse and misconduct
1581
by specified personnel and administrators; requiring the
1582
principal of such schools to act as a liaison in suspected
1583
cases of child abuse; requiring the Department of
1584
Education to publish sample notices; amending ss. 1008.33,
1585
1008.345, 1010.215, and 1011.18, F.S., relating to
1586
accountability procedures; conforming cross-references;
1587
amending s. 1012.27, F.S.; requiring the district school
1588
superintendent to contact the previous employer, and
1589
verify the employment history against certain databases,
1590
of persons seeking employment in certain positions;
1591
creating s. 1012.315, F.S.; specifying offenses that
1592
disqualify instructional personnel and school
1593
administrations from employment in certain positions that
1594
require direct contact with students; amending s. 1012.32,
1595
F.S.; requiring specified personnel or administrators who
1596
committed certain crimes to be disqualified from
1597
employment in certain positions in a district school
1598
system or charter school under specified conditions;
1599
amending s. 1012.33, F.S.; providing that just cause for
1600
terminating instructional staff includes immorality or
1601
commission of certain crimes; amending s. 1012.34, F.S.,
1602
relating to assessment procedures; conforming a cross-
1603
reference; amending s. 1012.56, F.S., relating to
1604
certification requirements for educators; revising
1605
requirements for conducting state and national federal
1606
criminal records checks of persons seeking certification;
1607
requiring a person who committed certain crimes to be
1608
ineligible for certification under specified conditions;
1609
providing for the Department of Education to maintain
1610
educator records in an electronic database; amending s.
1611
1012.79, F.S.; providing for additional members to be
1612
appointed to the Education Practices Commission; revising
1613
the composition of panels appointed to review complaints
1614
against teachers and administrators; amending s. 1012.795,
1615
F.S.; providing for the suspension of the educator
1616
certificate of a person who knowingly fails to report
1617
child abuse or misconduct by specified personnel or
1618
administrators; clarifying authority of the commission to
1619
discipline educators who commit certain crimes; amending
1620
s. 1012.796, F.S.; requiring the Department of Education
1621
to investigate each complaint involving misconduct by
1622
certificated personnel; clarifying what constitutes a
1623
legally sufficient complaint; providing requirements for
1624
school board policies and procedures relating to standards
1625
of ethical conduct; providing that the district school
1626
superintendent is accountable for training of
1627
instructional personnel and school administrators on the
1628
standards, policies, and procedures; requiring employers
1629
of certificated personnel to report misconduct by such
1630
personnel to the Department of Education; requiring that
1631
instructional personnel or school administrators be
1632
immediately suspended and reassigned under certain
1633
circumstances; amending ss. 1012.98 and 1013.03, F.S.,
1634
relating to the School Community Professional Development
1635
Act and functions of the Department of Education and Board
1636
of Governors; conforming cross-references; providing an
1637
appropriation and authorizing additional positions;
4/29/2008 8:33:00 PM 4-09086A-08
CODING: Words stricken are deletions; words underlined are additions.