Florida Senate - 2018                                    SB 1548
       By Senator Book
       32-01020A-18                                          20181548__
    1                        A bill to be entitled                      
    2         An act relating to K-12 student safety; amending s.
    3         413.208, F.S.; exempting certain school district
    4         employees from level 2 background screenings under
    5         specified circumstances; amending s. 1006.07, F.S.;
    6         revising district school board duties to include
    7         security risk assessments; requiring certain self
    8         assessments to be in a specified format; amending s.
    9         1011.62, F.S.; prohibiting certain teachers from
   10         receiving bonuses related to specified FTE student
   11         membership calculations; authorizing the State Board
   12         of Education to adopt rules for rescinding certain
   13         certifications or grades; amending s. 1012.315, F.S.;
   14         providing that certain persons are ineligible for
   15         employment in a school district under specified
   16         circumstances; amending s. 1012.36, F.S.; providing
   17         that certain persons are not exempt from specified
   18         certification requirements; amending s. 1012.56, F.S.;
   19         requiring certified educators to inform their
   20         employers within a specified time period after being
   21         arrested for, rather than convicted of, certain
   22         offenses; authorizing the Department of Education to
   23         deny applicants for certification if the applicant
   24         could be disciplined by the Education Practices
   25         Commission; authorizing the commission to impose
   26         specified penalties on such applicants under certain
   27         circumstances; amending s. 1012.57, F.S.; providing
   28         that an adjunct teaching certificate does not fulfill
   29         specified certification requirements; amending s.
   30         1012.795, F.S.; authorizing the commission to take
   31         certain actions against persons who meet specified
   32         criteria; amending s. 1012.796, F.S.; requiring
   33         certified educators who are placed on probation to
   34         immediately notify a specified office upon separation
   35         from, rather than termination of, employment;
   36         providing an effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Paragraph (b) of subsection (2) of section
   41  413.208, Florida Statutes, is amended to read:
   42         413.208 Service providers; quality assurance; fitness for
   43  responsibilities; background screening.—
   44         (2)
   45         (b) Level 2 background screening pursuant to chapter 435 is
   46  not required for the following persons:
   47         1. A licensed physician, nurse, or other professional who
   48  is licensed by the Department of Health and who has undergone
   49  fingerprinting and background screening as part of such
   50  licensure if providing a service that is within the scope of her
   51  or his licensed practice.
   52         2. A relative of the vulnerable person receiving services.
   53  For purposes of this section, the term “relative” means an
   54  individual who is the father, mother, stepfather, stepmother,
   55  son, daughter, brother, sister, grandmother, grandfather, great
   56  grandmother, great-grandfather, grandson, granddaughter, uncle,
   57  aunt, first cousin, nephew, niece, husband, wife, father-in-law,
   58  mother-in-law, son-in-law, daughter-in-law, brother-in-law,
   59  sister-in-law, stepson, stepdaughter, stepbrother, stepsister,
   60  half-brother, or half-sister of the vulnerable person.
   61         3.An individual who provides proof of a current valid
   62  background screening conducted pursuant to chapter 1012, if the
   63  school district that required the background screening is the
   64  service provider and the individual is working for the school
   65  district in its capacity as a service provider.
   66         Section 2. Subsection (6) of section 1006.07, Florida
   67  Statutes, is amended to read:
   68         1006.07 District school board duties relating to student
   69  discipline and school safety.—The district school board shall
   70  provide for the proper accounting for all students, for the
   71  attendance and control of students at school, and for proper
   72  attention to health, safety, and other matters relating to the
   73  welfare of students, including:
   74         (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
   75  district shall Use the Safety and Security Best Practices
   76  developed by the Office of Program Policy Analysis and
   77  Government Accountability to conduct a security risk assessment
   78  at each public school and conduct a self-assessment of the
   79  school districts’ current safety and security practices using a
   80  format prescribed by the department. Based on these assessment
   81  self-assessment findings, the district school superintendent
   82  shall provide recommendations to the district school board which
   83  identify strategies and activities that the district school
   84  board should implement in order to improve school safety and
   85  security. Annually, each district school board must receive such
   86  findings and the superintendent’s recommendations the self
   87  assessment results at a publicly noticed district school board
   88  meeting to provide the public an opportunity to hear the
   89  district school board members discuss and take action on the
   90  report findings and recommendations. Each district school
   91  superintendent shall report such findings the self-assessment
   92  results and school board action to the commissioner within 30
   93  days after the district school board meeting.
   94         Section 3. Paragraphs (o) and (t) of subsection (1) of
   95  section 1011.62, Florida Statutes, are amended to read:
   96         1011.62 Funds for operation of schools.—If the annual
   97  allocation from the Florida Education Finance Program to each
   98  district for operation of schools is not determined in the
   99  annual appropriations act or the substantive bill implementing
  100  the annual appropriations act, it shall be determined as
  101  follows:
  103  OPERATION.—The following procedure shall be followed in
  104  determining the annual allocation to each district for
  105  operation:
  106         (o) Calculation of additional full-time equivalent
  107  membership based on successful completion of a career-themed
  108  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  109  courses with embedded CAPE industry certifications or CAPE
  110  Digital Tool certificates, and issuance of industry
  111  certification identified on the CAPE Industry Certification
  112  Funding List pursuant to rules adopted by the State Board of
  113  Education or CAPE Digital Tool certificates pursuant to s.
  114  1003.4203.—
  115         1.a. A value of 0.025 full-time equivalent student
  116  membership shall be calculated for CAPE Digital Tool
  117  certificates earned by students in elementary and middle school
  118  grades.
  119         b. A value of 0.1 or 0.2 full-time equivalent student
  120  membership shall be calculated for each student who completes a
  121  course as defined in s. 1003.493(1)(b) or courses with embedded
  122  CAPE industry certifications and who is issued an industry
  123  certification identified annually on the CAPE Industry
  124  Certification Funding List approved under rules adopted by the
  125  State Board of Education. A value of 0.2 full-time equivalent
  126  membership shall be calculated for each student who is issued a
  127  CAPE industry certification that has a statewide articulation
  128  agreement for college credit approved by the State Board of
  129  Education. For CAPE industry certifications that do not
  130  articulate for college credit, the Department of Education shall
  131  assign a full-time equivalent value of 0.1 for each
  132  certification. Middle grades students who earn additional FTE
  133  membership for a CAPE Digital Tool certificate pursuant to sub
  134  subparagraph a. may not use the previously funded examination to
  135  satisfy the requirements for earning an industry certification
  136  under this sub-subparagraph. Additional FTE membership for an
  137  elementary or middle grades student may not exceed 0.1 for
  138  certificates or certifications earned within the same fiscal
  139  year. The State Board of Education shall include the assigned
  140  values on the CAPE Industry Certification Funding List under
  141  rules adopted by the state board. Such value shall be added to
  142  the total full-time equivalent student membership for grades 6
  143  through 12 in the subsequent year. CAPE industry certifications
  144  earned through dual enrollment must be reported and funded
  145  pursuant to s. 1011.80. However, if a student earns a
  146  certification through a dual enrollment course and the
  147  certification is not a fundable certification on the
  148  postsecondary certification funding list, or the dual enrollment
  149  certification is earned as a result of an agreement between a
  150  school district and a nonpublic postsecondary institution, the
  151  bonus value shall be funded in the same manner as other nondual
  152  enrollment course industry certifications. In such cases, the
  153  school district may provide for an agreement between the high
  154  school and the technical center, or the school district and the
  155  postsecondary institution may enter into an agreement for
  156  equitable distribution of the bonus funds.
  157         c. A value of 0.3 full-time equivalent student membership
  158  shall be calculated for student completion of the courses and
  159  the embedded certifications identified on the CAPE Industry
  160  Certification Funding List and approved by the commissioner
  161  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  162         d. A value of 0.5 full-time equivalent student membership
  163  shall be calculated for CAPE Acceleration Industry
  164  Certifications that articulate for 15 to 29 college credit
  165  hours, and 1.0 full-time equivalent student membership shall be
  166  calculated for CAPE Acceleration Industry Certifications that
  167  articulate for 30 or more college credit hours pursuant to CAPE
  168  Acceleration Industry Certifications approved by the
  169  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  170         2. Each district must allocate at least 80 percent of the
  171  funds provided for CAPE industry certification, in accordance
  172  with this paragraph, to the program that generated the funds.
  173  This allocation may not be used to supplant funds provided for
  174  basic operation of the program.
  175         3. For CAPE industry certifications earned in the 2013-2014
  176  school year and in subsequent years, the school district shall
  177  distribute to each classroom teacher who provided direct
  178  instruction toward the attainment of a CAPE industry
  179  certification that qualified for additional full-time equivalent
  180  membership under subparagraph 1.:
  181         a. A bonus of $25 for each student taught by a teacher who
  182  provided instruction in a course that led to the attainment of a
  183  CAPE industry certification on the CAPE Industry Certification
  184  Funding List with a weight of 0.1.
  185         b. A bonus of $50 for each student taught by a teacher who
  186  provided instruction in a course that led to the attainment of a
  187  CAPE industry certification on the CAPE Industry Certification
  188  Funding List with a weight of 0.2.
  189         c. A bonus of $75 for each student taught by a teacher who
  190  provided instruction in a course that led to the attainment of a
  191  CAPE industry certification on the CAPE Industry Certification
  192  Funding List with a weight of 0.3.
  193         d. A bonus of $100 for each student taught by a teacher who
  194  provided instruction in a course that led to the attainment of a
  195  CAPE industry certification on the CAPE Industry Certification
  196  Funding List with a weight of 0.5 or 1.0.
  198  Bonuses awarded pursuant to this paragraph shall be provided to
  199  teachers who are employed by the district in the year in which
  200  the additional FTE membership calculation is included in the
  201  calculation. Bonuses shall be calculated based upon the
  202  associated weight of a CAPE industry certification on the CAPE
  203  Industry Certification Funding List for the year in which the
  204  certification is earned by the student. Any bonus awarded to a
  205  teacher pursuant to under this paragraph is in addition to any
  206  regular wage or other bonus the teacher received or is scheduled
  207  to receive. A bonus may not be awarded to a teacher who fails to
  208  maintain the security of any CAPE industry certification
  209  examination or who otherwise violates the security or
  210  administration protocol of any assessment instrument that may
  211  result in a bonus being awarded to the teacher under this
  212  paragraph.
  213         (t) Computation for funding through the Florida Education
  214  Finance Program.—The State Board of Education may adopt rules
  215  establishing programs, industry certifications, and courses for
  216  which the student may earn credit toward high school graduation
  217  and the criteria under which a student’s industry certification
  218  or grade may be rescinded.
  219         Section 4. Section 1012.315, Florida Statutes, is amended
  220  to read:
  221         1012.315 Disqualification from employment.—A person is
  222  ineligible for educator certification or, and instructional
  223  personnel and school administrators, as defined in s. 1012.01,
  224  are ineligible for employment in any position that requires
  225  direct contact with students in a district school system,
  226  charter school, or private school that accepts scholarship
  227  students under s. 1002.39 or s. 1002.395, if the person,
  228  instructional personnel, or school administrator has been
  229  convicted of:
  230         (1) Any felony offense prohibited under any of the
  231  following statutes:
  232         (a) Section 393.135, relating to sexual misconduct with
  233  certain developmentally disabled clients and reporting of such
  234  sexual misconduct.
  235         (b) Section 394.4593, relating to sexual misconduct with
  236  certain mental health patients and reporting of such sexual
  237  misconduct.
  238         (c) Section 415.111, relating to adult abuse, neglect, or
  239  exploitation of aged persons or disabled adults.
  240         (d) Section 782.04, relating to murder.
  241         (e) Section 782.07, relating to manslaughter, aggravated
  242  manslaughter of an elderly person or disabled adult, aggravated
  243  manslaughter of a child, or aggravated manslaughter of an
  244  officer, a firefighter, an emergency medical technician, or a
  245  paramedic.
  246         (f) Section 784.021, relating to aggravated assault.
  247         (g) Section 784.045, relating to aggravated battery.
  248         (h) Section 784.075, relating to battery on a detention or
  249  commitment facility staff member or a juvenile probation
  250  officer.
  251         (i) Section 787.01, relating to kidnapping.
  252         (j) Section 787.02, relating to false imprisonment.
  253         (k) Section 787.025, relating to luring or enticing a
  254  child.
  255         (l) Section 787.04(2), relating to leading, taking,
  256  enticing, or removing a minor beyond the state limits, or
  257  concealing the location of a minor, with criminal intent pending
  258  custody proceedings.
  259         (m) Section 787.04(3), relating to leading, taking,
  260  enticing, or removing a minor beyond the state limits, or
  261  concealing the location of a minor, with criminal intent pending
  262  dependency proceedings or proceedings concerning alleged abuse
  263  or neglect of a minor.
  264         (n) Section 790.115(1), relating to exhibiting firearms or
  265  weapons at a school-sponsored event, on school property, or
  266  within 1,000 feet of a school.
  267         (o) Section 790.115(2)(b), relating to possessing an
  268  electric weapon or device, destructive device, or other weapon
  269  at a school-sponsored event or on school property.
  270         (p) Section 794.011, relating to sexual battery.
  271         (q) Former s. 794.041, relating to sexual activity with or
  272  solicitation of a child by a person in familial or custodial
  273  authority.
  274         (r) Section 794.05, relating to unlawful sexual activity
  275  with certain minors.
  276         (s) Section 794.08, relating to female genital mutilation.
  277         (t) Chapter 796, relating to prostitution.
  278         (u) Chapter 800, relating to lewdness and indecent
  279  exposure.
  280         (v) Section 806.01, relating to arson.
  281         (w) Section 810.14, relating to voyeurism.
  282         (x) Section 810.145, relating to video voyeurism.
  283         (y) Section 812.014(6), relating to coordinating the
  284  commission of theft in excess of $3,000.
  285         (z) Section 812.0145, relating to theft from persons 65
  286  years of age or older.
  287         (aa) Section 812.019, relating to dealing in stolen
  288  property.
  289         (bb) Section 812.13, relating to robbery.
  290         (cc) Section 812.131, relating to robbery by sudden
  291  snatching.
  292         (dd) Section 812.133, relating to carjacking.
  293         (ee) Section 812.135, relating to home-invasion robbery.
  294         (ff) Section 817.563, relating to fraudulent sale of
  295  controlled substances.
  296         (gg) Section 825.102, relating to abuse, aggravated abuse,
  297  or neglect of an elderly person or disabled adult.
  298         (hh) Section 825.103, relating to exploitation of an
  299  elderly person or disabled adult.
  300         (ii) Section 825.1025, relating to lewd or lascivious
  301  offenses committed upon or in the presence of an elderly person
  302  or disabled person.
  303         (jj) Section 826.04, relating to incest.
  304         (kk) Section 827.03, relating to child abuse, aggravated
  305  child abuse, or neglect of a child.
  306         (ll) Section 827.04, relating to contributing to the
  307  delinquency or dependency of a child.
  308         (mm) Section 827.071, relating to sexual performance by a
  309  child.
  310         (nn) Section 843.01, relating to resisting arrest with
  311  violence.
  312         (oo) Chapter 847, relating to obscenity.
  313         (pp) Section 874.05, relating to causing, encouraging,
  314  soliciting, or recruiting another to join a criminal street
  315  gang.
  316         (qq) Chapter 893, relating to drug abuse prevention and
  317  control, if the offense was a felony of the second degree or
  318  greater severity.
  319         (rr) Section 916.1075, relating to sexual misconduct with
  320  certain forensic clients and reporting of such sexual
  321  misconduct.
  322         (ss) Section 944.47, relating to introduction, removal, or
  323  possession of contraband at a correctional facility.
  324         (tt) Section 985.701, relating to sexual misconduct in
  325  juvenile justice programs.
  326         (uu) Section 985.711, relating to introduction, removal, or
  327  possession of contraband at a juvenile detention facility or
  328  commitment program.
  329         (2) Any misdemeanor offense prohibited under any of the
  330  following statutes:
  331         (a) Section 784.03, relating to battery, if the victim of
  332  the offense was a minor.
  333         (b) Section 787.025, relating to luring or enticing a
  334  child.
  335         (3) Any criminal act committed in another state or under
  336  federal law which, if committed in this state, constitutes an
  337  offense prohibited under any statute listed in subsection (1) or
  338  subsection (2).
  339         (4) Any delinquent act committed in this state or any
  340  delinquent or criminal act committed in another state or under
  341  federal law which, if committed in this state, qualifies an
  342  individual for inclusion on the Registered Juvenile Sex Offender
  343  List under s. 943.0435(1)(h)1.d.
  344         Section 5. Subsection (3) is added to section 1012.36,
  345  Florida Statutes, to read:
  346         1012.36 Part-time teachers.—
  347         (3)Persons employed under the provisions of this section
  348  are not exempt from the requirements of s. 1012.55(2)(a).
  349         Section 6. Paragraph (b) of subsection (10) and subsection
  350  (12) of section 1012.56, Florida Statutes, are amended to read:
  351         1012.56 Educator certification requirements.—
  354         (b) A person may not receive a certificate under this
  355  chapter until the person’s screening under s. 1012.32 is
  356  completed and the results have been submitted to the Department
  357  of Education or to the district school superintendent of the
  358  school district that employs the person. Every 5 years after
  359  obtaining initial certification, each person who is required to
  360  be certified under this chapter must be rescreened in accordance
  361  with s. 1012.32, at which time the school district shall request
  362  the Department of Law Enforcement to forward the fingerprints to
  363  the Federal Bureau of Investigation for federal criminal records
  364  checks. If, for any reason after obtaining initial
  365  certification, the fingerprints of a person who is required to
  366  be certified under this chapter are not retained by the
  367  Department of Law Enforcement under s. 1012.32(3)(a) and (b),
  368  the person must file a complete set of fingerprints with the
  369  district school superintendent of the employing school district.
  370  Upon submission of fingerprints for this purpose, the school
  371  district shall request the Department of Law Enforcement to
  372  forward the fingerprints to the Federal Bureau of Investigation
  373  for federal criminal records checks, and the fingerprints shall
  374  be retained by the Department of Law Enforcement under s.
  375  1012.32(3)(a) and (b). The cost of the state and federal
  376  criminal history checks required by paragraph (a) and this
  377  paragraph may be borne by the district school board or the
  378  employee. Under penalty of perjury, each person who is certified
  379  under this chapter must agree to inform his or her employer
  380  within 48 hours if arrested for convicted of any disqualifying
  381  offense while he or she is employed in a position for which such
  382  certification is required.
  383         (12) DENIAL OF CERTIFICATE.—
  384         (a) The Department of Education may deny an applicant a
  385  certificate if the department possesses evidence satisfactory to
  386  it that the applicant has committed an act or acts, or that a
  387  situation exists, for which the Education Practices Commission
  388  would be authorized to discipline a certified educator revoke a
  389  teaching certificate.
  390         (b) The decision of the department is subject to review by
  391  the Education Practices Commission upon the filing of a written
  392  request from the applicant within 20 days after receipt of the
  393  notice of denial. Upon review, the commission may impose one or
  394  more of the following penalties pursuant to s. 1012.796(7):
  395         1.Denial of an application.
  396         2.Bar from reapplication.
  397         3.Probation for a period of time.
  398         4.Restriction of the scope of practice.
  399         5.Issuance of a letter of reprimand.
  400         6.Referral of the teacher, administrator, or supervisor to
  401  the recovery network program provided in s. 1012.798 under such
  402  terms and conditions as the commission may specify.
  403         7.An administrative fine not to exceed $2,000 for each
  404  count or separate offense.
  405         Section 7. Subsection (1) of section 1012.57, Florida
  406  Statutes, is amended to read:
  407         1012.57 Certification of adjunct educators.—
  408         (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
  409  and 1012.56, or any other provision of law or rule to the
  410  contrary, district school boards shall adopt rules to allow for
  411  the issuance of an adjunct teaching certificate to any applicant
  412  who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
  413  and who has expertise in the subject area to be taught. An
  414  applicant shall be considered to have expertise in the subject
  415  area to be taught if the applicant demonstrates sufficient
  416  subject area mastery through passage of a subject area test. The
  417  adjunct teaching certificate shall be used for part-time
  418  teaching positions. The adjunct teaching certificate may not be
  419  used to fulfill the requirements of s. 1012.55(2)(a).
  420         Section 8. Subsections (1) and (5) of section 1012.795,
  421  Florida Statutes, are amended to read:
  422         1012.795 Education Practices Commission; authority to
  423  discipline.—
  424         (1) The Education Practices Commission may deny an
  425  application for certification; may suspend the educator
  426  certificates certificate of any instructional personnel or
  427  school administrators, person as defined in s. 1012.01(2) or
  428  (3), for up to 5 years, thereby denying that person the right to
  429  teach or otherwise be employed by a district school board or
  430  public school in any capacity requiring direct contact with
  431  students for that period of time, after which the person holder
  432  may return to teaching as provided in subsection (4); may revoke
  433  the educator certificate of any person, thereby denying that
  434  person the right to teach or otherwise be employed by a district
  435  school board or public school in any capacity requiring direct
  436  contact with students for up to 10 years, with reinstatement
  437  subject to the provisions of subsection (4); may permanently
  438  revoke permanently the educator certificate of any person,
  439  thereby denying that person the right to teach or otherwise be
  440  employed by a district school board or public school in any
  441  capacity requiring direct contact with students; may suspend a
  442  person’s the educator certificate, upon an order of the court or
  443  notice by the Department of Revenue relating to the payment of
  444  child support; or may impose any other penalty provided by law,
  445  if the person:
  446         (a) Obtained or attempted to obtain an educator certificate
  447  by fraudulent means.
  448         (b) Knowingly failed to report actual or suspected child
  449  abuse as required in s. 1006.061 or report alleged misconduct by
  450  instructional personnel or school administrators which affects
  451  the health, safety, or welfare of a student as required in s.
  452  1012.796.
  453         (c) Has proved to be incompetent to teach or to perform
  454  duties as an employee of the public school system or to teach in
  455  or to operate a private school.
  456         (d) Has been guilty of gross immorality or an act involving
  457  moral turpitude as defined by rule of the State Board of
  458  Education.
  459         (e) Has had an educator certificate or other professional
  460  license sanctioned by this or any other revocation, suspension,
  461  or surrender in another state or has had the authority to
  462  practice the regulated profession revoked, suspended, or
  463  otherwise acted against, including a denial of certification or
  464  licensure, by the licensing or certifying authority of any
  465  jurisdiction, including its agencies and subdivisions. The
  466  licensing or certifying authority’s acceptance of a
  467  relinquishment, stipulation, consent order, or other settlement
  468  offered in response to or in anticipation of the filing of
  469  charges against the licensee or certificateholder shall be
  470  construed as action against the license or certificate.
  471         (f) Regardless of adjudication, has been convicted or found
  472  guilty of, or entered a plea of guilty or nolo contendere to,
  473  regardless of adjudication of guilt, a misdemeanor, a felony, or
  474  any other criminal charge, other than a minor traffic violation.
  475         (g) Upon investigation, has been found guilty of personal
  476  conduct that seriously reduces that person’s effectiveness as an
  477  employee of the district school board.
  478         (h) Has breached a contract, as provided in s. 1012.33(2)
  479  or s. 1012.335.
  480         (i) Has been the subject of a court order or notice by the
  481  Department of Revenue pursuant to s. 409.2598 directing the
  482  Education Practices Commission to suspend the certificate as a
  483  result of noncompliance with a child support order, a subpoena,
  484  an order to show cause, or a written agreement with the
  485  Department of Revenue.
  486         (j) Has violated the Principles of Professional Conduct for
  487  the Education Profession prescribed by State Board of Education
  488  rules.
  489         (k) Has otherwise violated the provisions of law, the
  490  penalty for which is the revocation of the educator certificate.
  491         (l) Has violated any order of the Education Practices
  492  Commission.
  493         (m) Has been the subject of a court order or plea agreement
  494  in any jurisdiction which requires the certificateholder to
  495  surrender or otherwise relinquish his or her educator’s
  496  certificate. A surrender or relinquishment shall be for
  497  permanent revocation of the certificate. A person may not
  498  surrender or otherwise relinquish his or her certificate prior
  499  to a finding of probable cause by the commissioner as provided
  500  in s. 1012.796.
  501         (n) Has been disqualified from educator certification under
  502  s. 1012.315.
  503         (o) Has committed a third recruiting offense as determined
  504  by the Florida High School Athletic Association (FHSAA) pursuant
  505  to s. 1006.20(2)(b).
  506         (p)Has violated test security rules as provided in s.
  507  1008.24.
  508         (5) Each district school superintendent and the governing
  509  authority of each university lab school, state-supported school,
  510  private school, and the FHSAA shall report to the department the
  511  name of any person certified pursuant to this chapter or
  512  employed and qualified pursuant to s. 1012.39:
  513         (a) Who has been convicted or found guilty of, who has had
  514  adjudication withheld, or who has pled guilty or nolo contendere
  515  to, a misdemeanor, a felony, or any other criminal charge, other
  516  than a minor traffic infraction;
  517         (b) Who that official has reason to believe has committed
  518  or is found to have committed any act which would be a ground
  519  for revocation or suspension under subsection (1); or
  520         (c) Who has been dismissed or severed from employment
  521  because of conduct involving any immoral, unnatural, or
  522  lascivious act.
  523         Section 9. Paragraphs (a) and (d) of subsection (7) of
  524  section 1012.796, Florida Statutes, are amended to read:
  525         1012.796 Complaints against teachers and administrators;
  526  procedure; penalties.—
  527         (7) A panel of the commission shall enter a final order
  528  either dismissing the complaint or imposing one or more of the
  529  following penalties:
  530         (a) Denial of an application for a teaching certificate or
  531  for an administrative or supervisory endorsement on a teaching
  532  certificate. The denial may provide that the applicant may not
  533  reapply for certification, and that the department may refuse to
  534  consider that applicant’s application, for a specified period of
  535  time or permanently.
  536         (d) Placement of the teacher, administrator, or supervisor
  537  on probation for a period of time and subject to such conditions
  538  as the commission may specify, including requiring the certified
  539  teacher, administrator, or supervisor to complete additional
  540  appropriate college courses or work with another certified
  541  educator, with the administrative costs of monitoring the
  542  probation assessed to the educator placed on probation. An
  543  educator who has been placed on probation shall, at a minimum:
  544         1. Immediately notify the investigative office in the
  545  Department of Education upon employment or separation from
  546  termination of employment in the state in any public or private
  547  position requiring a Florida educator’s certificate.
  548         2. Have his or her immediate supervisor submit annual
  549  performance reports to the investigative office in the
  550  Department of Education.
  551         3. Pay to the commission within the first 6 months of each
  552  probation year the administrative costs of monitoring probation
  553  assessed to the educator.
  554         4. Violate no law and fully comply with all district school
  555  board policies, school rules, and State Board of Education
  556  rules.
  557         5. Satisfactorily perform his or her assigned duties in a
  558  competent, professional manner.
  559         6. Bear all costs of complying with the terms of a final
  560  order entered by the commission.
  562  The penalties imposed under this subsection are in addition to,
  563  and not in lieu of, the penalties required for a third
  564  recruiting offense pursuant to s. 1006.20(2)(b).
  565         Section 10. This act shall take effect July 1, 2018.