Florida Senate - 2018 CS for SB 1548
By the Committee on Education; and Senator Book
1 A bill to be entitled
2 An act relating to K-12 student safety; amending s.
3 1006.07, F.S.; revising district school board duties
4 to include security risk assessments; requiring
5 certain self-assessments to be in a specified format;
6 amending s. 1011.62, F.S.; prohibiting certain
7 teachers from receiving bonuses related to specified
8 FTE student membership calculations; authorizing the
9 State Board of Education to adopt rules for rescinding
10 certain certifications or grades; amending s.
11 1012.315, F.S.; providing that certain persons are
12 ineligible for employment in a school district under
13 specified circumstances; amending s. 1012.36, F.S.;
14 providing that certain persons are not exempt from
15 specified certification requirements; amending s.
16 1012.56, F.S.; requiring certified educators to inform
17 their employers within a specified time period after
18 being arrested for, rather than convicted of, certain
19 offenses; authorizing the Department of Education to
20 deny applicants for certification if the applicant
21 could be disciplined by the Education Practices
22 Commission; authorizing the commission to impose
23 specified penalties on such applicants under certain
24 circumstances; amending s. 1012.57, F.S.; providing
25 that an adjunct teaching certificate does not fulfill
26 specified certification requirements; amending s.
27 1012.795, F.S.; authorizing the commission to take
28 certain actions against persons who meet specified
29 criteria; amending s. 1012.796, F.S.; requiring
30 certified educators who are placed on probation to
31 immediately notify a specified office upon separation
32 from, rather than termination of, employment;
33 providing an effective date.
35 Be It Enacted by the Legislature of the State of Florida:
37 Section 1. Subsection (6) of section 1006.07, Florida
38 Statutes, is amended to read:
39 1006.07 District school board duties relating to student
40 discipline and school safety.—The district school board shall
41 provide for the proper accounting for all students, for the
42 attendance and control of students at school, and for proper
43 attention to health, safety, and other matters relating to the
44 welfare of students, including:
45 (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
46 district shall
Use the Safety and Security Best Practices
47 developed by the Office of Program Policy Analysis and
48 Government Accountability to conduct a security risk assessment
49 at each public school and conduct a self-assessment of the
50 school districts’ current safety and security practices using a
51 format prescribed by the department. Based on these assessment
52 self-assessment findings, the district school superintendent
53 shall provide recommendations to the district school board which
54 identify strategies and activities that the district school
55 board should implement in order to improve school safety and
56 security. Annually, each district school board must receive such
57 findings and the superintendent’s recommendations the self
58 assessment results at a publicly noticed district school board
59 meeting to provide the public an opportunity to hear the
60 district school board members discuss and take action on the
61 report findings and recommendations. Each district school
62 superintendent shall report such findings the self-assessment
63 results and school board action to the commissioner within 30
64 days after the district school board meeting.
65 Section 2. Paragraphs (o) and (t) of subsection (1) of
66 section 1011.62, Florida Statutes, are amended to read:
67 1011.62 Funds for operation of schools.—If the annual
68 allocation from the Florida Education Finance Program to each
69 district for operation of schools is not determined in the
70 annual appropriations act or the substantive bill implementing
71 the annual appropriations act, it shall be determined as
73 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
74 OPERATION.—The following procedure shall be followed in
75 determining the annual allocation to each district for
77 (o) Calculation of additional full-time equivalent
78 membership based on successful completion of a career-themed
79 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
80 courses with embedded CAPE industry certifications or CAPE
81 Digital Tool certificates, and issuance of industry
82 certification identified on the CAPE Industry Certification
83 Funding List pursuant to rules adopted by the State Board of
84 Education or CAPE Digital Tool certificates pursuant to s.
86 1.a. A value of 0.025 full-time equivalent student
87 membership shall be calculated for CAPE Digital Tool
88 certificates earned by students in elementary and middle school
90 b. A value of 0.1 or 0.2 full-time equivalent student
91 membership shall be calculated for each student who completes a
92 course as defined in s. 1003.493(1)(b) or courses with embedded
93 CAPE industry certifications and who is issued an industry
94 certification identified annually on the CAPE Industry
95 Certification Funding List approved under rules adopted by the
96 State Board of Education. A value of 0.2 full-time equivalent
97 membership shall be calculated for each student who is issued a
98 CAPE industry certification that has a statewide articulation
99 agreement for college credit approved by the State Board of
100 Education. For CAPE industry certifications that do not
101 articulate for college credit, the Department of Education shall
102 assign a full-time equivalent value of 0.1 for each
103 certification. Middle grades students who earn additional FTE
104 membership for a CAPE Digital Tool certificate pursuant to sub
105 subparagraph a. may not use the previously funded examination to
106 satisfy the requirements for earning an industry certification
107 under this sub-subparagraph. Additional FTE membership for an
108 elementary or middle grades student may not exceed 0.1 for
109 certificates or certifications earned within the same fiscal
110 year. The State Board of Education shall include the assigned
111 values on the CAPE Industry Certification Funding List under
112 rules adopted by the state board. Such value shall be added to
113 the total full-time equivalent student membership for grades 6
114 through 12 in the subsequent year. CAPE industry certifications
115 earned through dual enrollment must be reported and funded
116 pursuant to s. 1011.80. However, if a student earns a
117 certification through a dual enrollment course and the
118 certification is not a fundable certification on the
119 postsecondary certification funding list, or the dual enrollment
120 certification is earned as a result of an agreement between a
121 school district and a nonpublic postsecondary institution, the
122 bonus value shall be funded in the same manner as other nondual
123 enrollment course industry certifications. In such cases, the
124 school district may provide for an agreement between the high
125 school and the technical center, or the school district and the
126 postsecondary institution may enter into an agreement for
127 equitable distribution of the bonus funds.
128 c. A value of 0.3 full-time equivalent student membership
129 shall be calculated for student completion of the courses and
130 the embedded certifications identified on the CAPE Industry
131 Certification Funding List and approved by the commissioner
132 pursuant to ss. 1003.4203(5)(a) and 1008.44.
133 d. A value of 0.5 full-time equivalent student membership
134 shall be calculated for CAPE Acceleration Industry
135 Certifications that articulate for 15 to 29 college credit
136 hours, and 1.0 full-time equivalent student membership shall be
137 calculated for CAPE Acceleration Industry Certifications that
138 articulate for 30 or more college credit hours pursuant to CAPE
139 Acceleration Industry Certifications approved by the
140 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
141 2. Each district must allocate at least 80 percent of the
142 funds provided for CAPE industry certification, in accordance
143 with this paragraph, to the program that generated the funds.
144 This allocation may not be used to supplant funds provided for
145 basic operation of the program.
146 3. For CAPE industry certifications earned in the 2013-2014
147 school year and in subsequent years, the school district shall
148 distribute to each classroom teacher who provided direct
149 instruction toward the attainment of a CAPE industry
150 certification that qualified for additional full-time equivalent
151 membership under subparagraph 1.:
152 a. A bonus of $25 for each student taught by a teacher who
153 provided instruction in a course that led to the attainment of a
154 CAPE industry certification on the CAPE Industry Certification
155 Funding List with a weight of 0.1.
156 b. A bonus of $50 for each student taught by a teacher who
157 provided instruction in a course that led to the attainment of a
158 CAPE industry certification on the CAPE Industry Certification
159 Funding List with a weight of 0.2.
160 c. A bonus of $75 for each student taught by a teacher who
161 provided instruction in a course that led to the attainment of a
162 CAPE industry certification on the CAPE Industry Certification
163 Funding List with a weight of 0.3.
164 d. A bonus of $100 for each student taught by a teacher who
165 provided instruction in a course that led to the attainment of a
166 CAPE industry certification on the CAPE Industry Certification
167 Funding List with a weight of 0.5 or 1.0.
169 Bonuses awarded pursuant to this paragraph shall be provided to
170 teachers who are employed by the district in the year in which
171 the additional FTE membership calculation is included in the
172 calculation. Bonuses shall be calculated based upon the
173 associated weight of a CAPE industry certification on the CAPE
174 Industry Certification Funding List for the year in which the
175 certification is earned by the student. Any bonus awarded to a
176 teacher pursuant to under this paragraph is in addition to any
177 regular wage or other bonus the teacher received or is scheduled
178 to receive. A bonus may not be awarded to a teacher who fails to
179 maintain the security of any CAPE industry certification
180 examination or who otherwise violates the security or
181 administration protocol of any assessment instrument that may
182 result in a bonus being awarded to the teacher under this
184 (t) Computation for funding through the Florida Education
185 Finance Program.—The State Board of Education may adopt rules
186 establishing programs, industry certifications, and courses for
187 which the student may earn credit toward high school graduation
188 and the criteria under which a student’s industry certification
189 or grade may be rescinded.
190 Section 3. Section 1012.315, Florida Statutes, is amended
191 to read:
192 1012.315 Disqualification from employment.—A person is
193 ineligible for educator certification or , and instructional
194 personnel and school administrators, as defined in s. 1012.01,
195 are ineligible for employment in any position that requires
196 direct contact with students in a district school system,
197 charter school, or private school that accepts scholarship
198 students under s. 1002.39 or s. 1002.395 , if the person ,
199 instructional personnel, or school administrator has been
200 convicted of:
201 (1) Any felony offense prohibited under any of the
202 following statutes:
203 (a) Section 393.135, relating to sexual misconduct with
204 certain developmentally disabled clients and reporting of such
205 sexual misconduct.
206 (b) Section 394.4593, relating to sexual misconduct with
207 certain mental health patients and reporting of such sexual
209 (c) Section 415.111, relating to adult abuse, neglect, or
210 exploitation of aged persons or disabled adults.
211 (d) Section 782.04, relating to murder.
212 (e) Section 782.07, relating to manslaughter, aggravated
213 manslaughter of an elderly person or disabled adult, aggravated
214 manslaughter of a child, or aggravated manslaughter of an
215 officer, a firefighter, an emergency medical technician, or a
217 (f) Section 784.021, relating to aggravated assault.
218 (g) Section 784.045, relating to aggravated battery.
219 (h) Section 784.075, relating to battery on a detention or
220 commitment facility staff member or a juvenile probation
222 (i) Section 787.01, relating to kidnapping.
223 (j) Section 787.02, relating to false imprisonment.
224 (k) Section 787.025, relating to luring or enticing a
226 (l) Section 787.04(2), relating to leading, taking,
227 enticing, or removing a minor beyond the state limits, or
228 concealing the location of a minor, with criminal intent pending
229 custody proceedings.
230 (m) Section 787.04(3), relating to leading, taking,
231 enticing, or removing a minor beyond the state limits, or
232 concealing the location of a minor, with criminal intent pending
233 dependency proceedings or proceedings concerning alleged abuse
234 or neglect of a minor.
235 (n) Section 790.115(1), relating to exhibiting firearms or
236 weapons at a school-sponsored event, on school property, or
237 within 1,000 feet of a school.
238 (o) Section 790.115(2)(b), relating to possessing an
239 electric weapon or device, destructive device, or other weapon
240 at a school-sponsored event or on school property.
241 (p) Section 794.011, relating to sexual battery.
242 (q) Former s. 794.041, relating to sexual activity with or
243 solicitation of a child by a person in familial or custodial
245 (r) Section 794.05, relating to unlawful sexual activity
246 with certain minors.
247 (s) Section 794.08, relating to female genital mutilation.
248 (t) Chapter 796, relating to prostitution.
249 (u) Chapter 800, relating to lewdness and indecent
251 (v) Section 806.01, relating to arson.
252 (w) Section 810.14, relating to voyeurism.
253 (x) Section 810.145, relating to video voyeurism.
254 (y) Section 812.014(6), relating to coordinating the
255 commission of theft in excess of $3,000.
256 (z) Section 812.0145, relating to theft from persons 65
257 years of age or older.
258 (aa) Section 812.019, relating to dealing in stolen
260 (bb) Section 812.13, relating to robbery.
261 (cc) Section 812.131, relating to robbery by sudden
263 (dd) Section 812.133, relating to carjacking.
264 (ee) Section 812.135, relating to home-invasion robbery.
265 (ff) Section 817.563, relating to fraudulent sale of
266 controlled substances.
267 (gg) Section 825.102, relating to abuse, aggravated abuse,
268 or neglect of an elderly person or disabled adult.
269 (hh) Section 825.103, relating to exploitation of an
270 elderly person or disabled adult.
271 (ii) Section 825.1025, relating to lewd or lascivious
272 offenses committed upon or in the presence of an elderly person
273 or disabled person.
274 (jj) Section 826.04, relating to incest.
275 (kk) Section 827.03, relating to child abuse, aggravated
276 child abuse, or neglect of a child.
277 (ll) Section 827.04, relating to contributing to the
278 delinquency or dependency of a child.
279 (mm) Section 827.071, relating to sexual performance by a
281 (nn) Section 843.01, relating to resisting arrest with
283 (oo) Chapter 847, relating to obscenity.
284 (pp) Section 874.05, relating to causing, encouraging,
285 soliciting, or recruiting another to join a criminal street
287 (qq) Chapter 893, relating to drug abuse prevention and
288 control, if the offense was a felony of the second degree or
289 greater severity.
290 (rr) Section 916.1075, relating to sexual misconduct with
291 certain forensic clients and reporting of such sexual
293 (ss) Section 944.47, relating to introduction, removal, or
294 possession of contraband at a correctional facility.
295 (tt) Section 985.701, relating to sexual misconduct in
296 juvenile justice programs.
297 (uu) Section 985.711, relating to introduction, removal, or
298 possession of contraband at a juvenile detention facility or
299 commitment program.
300 (2) Any misdemeanor offense prohibited under any of the
301 following statutes:
302 (a) Section 784.03, relating to battery, if the victim of
303 the offense was a minor.
304 (b) Section 787.025, relating to luring or enticing a
306 (3) Any criminal act committed in another state or under
307 federal law which, if committed in this state, constitutes an
308 offense prohibited under any statute listed in subsection (1) or
309 subsection (2).
310 (4) Any delinquent act committed in this state or any
311 delinquent or criminal act committed in another state or under
312 federal law which, if committed in this state, qualifies an
313 individual for inclusion on the Registered Juvenile Sex Offender
314 List under s. 943.0435(1)(h)1.d.
315 Section 4. Subsection (3) is added to section 1012.36,
316 Florida Statutes, to read:
317 1012.36 Part-time teachers.—
318 (3) Persons employed under the provisions of this section
319 are not exempt from the requirements of s. 1012.55(2)(a).
320 Section 5. Paragraph (b) of subsection (10) and subsection
321 (12) of section 1012.56, Florida Statutes, are amended to read:
322 1012.56 Educator certification requirements.—
323 (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND
325 (b) A person may not receive a certificate under this
326 chapter until the person’s screening under s. 1012.32 is
327 completed and the results have been submitted to the Department
328 of Education or to the district school superintendent of the
329 school district that employs the person. Every 5 years after
330 obtaining initial certification, each person who is required to
331 be certified under this chapter must be rescreened in accordance
332 with s. 1012.32, at which time the school district shall request
333 the Department of Law Enforcement to forward the fingerprints to
334 the Federal Bureau of Investigation for federal criminal records
335 checks. If, for any reason after obtaining initial
336 certification, the fingerprints of a person who is required to
337 be certified under this chapter are not retained by the
338 Department of Law Enforcement under s. 1012.32(3)(a) and (b),
339 the person must file a complete set of fingerprints with the
340 district school superintendent of the employing school district.
341 Upon submission of fingerprints for this purpose, the school
342 district shall request the Department of Law Enforcement to
343 forward the fingerprints to the Federal Bureau of Investigation
344 for federal criminal records checks, and the fingerprints shall
345 be retained by the Department of Law Enforcement under s.
346 1012.32(3)(a) and (b). The cost of the state and federal
347 criminal history checks required by paragraph (a) and this
348 paragraph may be borne by the district school board or the
349 employee. Under penalty of perjury, each person who is certified
350 under this chapter must agree to inform his or her employer
351 within 48 hours if arrested for convicted of any disqualifying
352 offense while he or she is employed in a position for which such
353 certification is required.
354 (12) DENIAL OF CERTIFICATE.—
355 (a) The Department of Education may deny an applicant a
356 certificate if the department possesses evidence satisfactory to
357 it that the applicant has committed an act or acts, or that a
358 situation exists, for which the Education Practices Commission
359 would be authorized to discipline a certified educator revoke a
360 teaching certificate.
361 (b) The decision of the department is subject to review by
362 the Education Practices Commission upon the filing of a written
363 request from the applicant within 20 days after receipt of the
364 notice of denial. Upon review, the commission may impose one or
365 more of the following penalties pursuant to s. 1012.796(7):
366 1. Denial of an application.
367 2. Bar from reapplication.
368 3. Probation for a period of time.
369 4. Restriction of the scope of practice.
370 5. Issuance of a letter of reprimand.
371 6. Referral of the teacher, administrator, or supervisor to
372 the recovery network program provided in s. 1012.798 under such
373 terms and conditions as the commission may specify.
374 7. An administrative fine not to exceed $2,000 for each
375 count or separate offense.
376 Section 6. Subsection (1) of section 1012.57, Florida
377 Statutes, is amended to read:
378 1012.57 Certification of adjunct educators.—
379 (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
380 and 1012.56 , or any other provision of law or rule to the
381 contrary, district school boards shall adopt rules to allow for
382 the issuance of an adjunct teaching certificate to any applicant
383 who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
384 and who has expertise in the subject area to be taught. An
385 applicant shall be considered to have expertise in the subject
386 area to be taught if the applicant demonstrates sufficient
387 subject area mastery through passage of a subject area test. The
388 adjunct teaching certificate shall be used for part-time
389 teaching positions. The adjunct teaching certificate may not be
390 used to fulfill the requirements of s. 1012.55(2)(a).
391 Section 7. Subsections (1) and (5) of section 1012.795,
392 Florida Statutes, are amended to read:
393 1012.795 Education Practices Commission; authority to
395 (1) The Education Practices Commission may deny an
396 application for certification; may suspend the educator
397 certificates certificate of any instructional personnel or
398 school administrators, person as defined in s. 1012.01(2) or
399 (3), for up to 5 years, thereby denying that person the right to
400 teach or otherwise be employed by a district school board or
401 public school in any capacity requiring direct contact with
402 students for that period of time, after which the person holder
403 may return to teaching as provided in subsection (4); may revoke
404 the educator certificate of any person, thereby denying that
405 person the right to teach or otherwise be employed by a district
406 school board or public school in any capacity requiring direct
407 contact with students for up to 10 years, with reinstatement
408 subject to the provisions of subsection (4); may permanently
409 revoke permanently the educator certificate of any person,
410 thereby denying that person the right to teach or otherwise be
411 employed by a district school board or public school in any
412 capacity requiring direct contact with students; may suspend a
413 person’s the educator certificate , upon an order of the court or
414 notice by the Department of Revenue relating to the payment of
415 child support; or may impose any other penalty provided by law,
416 if the person:
417 (a) Obtained or attempted to obtain an educator certificate
418 by fraudulent means.
419 (b) Knowingly failed to report actual or suspected child
420 abuse as required in s. 1006.061 or report alleged misconduct by
421 instructional personnel or school administrators which affects
422 the health, safety, or welfare of a student as required in s.
424 (c) Has proved to be incompetent to teach or to perform
425 duties as an employee of the public school system or to teach in
426 or to operate a private school.
427 (d) Has been guilty of gross immorality or an act involving
428 moral turpitude as defined by rule of the State Board of
430 (e) Has had an educator certificate or other professional
431 license sanctioned by this or any other revocation, suspension,
432 or surrender in another state or has had the authority to
433 practice the regulated profession revoked, suspended, or
434 otherwise acted against, including a denial of certification or
435 licensure, by the licensing or certifying authority of any
436 jurisdiction, including its agencies and subdivisions. The
437 licensing or certifying authority’s acceptance of a
438 relinquishment, stipulation, consent order, or other settlement
439 offered in response to or in anticipation of the filing of
440 charges against the licensee or certificateholder shall be
441 construed as action against the license or certificate.
442 (f) Regardless of adjudication, has been convicted or found
443 guilty of, or entered a plea of guilty or nolo contendere to,
444 regardless of adjudication of guilt, a misdemeanor, a felony, or
445 any other criminal charge, other than a minor traffic violation.
446 (g) Upon investigation, has been found guilty of personal
447 conduct that seriously reduces that person’s effectiveness as an
448 employee of the district school board.
449 (h) Has breached a contract, as provided in s. 1012.33(2)
450 or s. 1012.335.
451 (i) Has been the subject of a court order or notice by the
452 Department of Revenue pursuant to s. 409.2598 directing the
453 Education Practices Commission to suspend the certificate as a
454 result of noncompliance with a child support order, a subpoena,
455 an order to show cause, or a written agreement with the
456 Department of Revenue.
457 (j) Has violated the Principles of Professional Conduct for
458 the Education Profession prescribed by State Board of Education
460 (k) Has otherwise violated the provisions of law, the
461 penalty for which is the revocation of the educator certificate.
462 (l) Has violated any order of the Education Practices
464 (m) Has been the subject of a court order or plea agreement
465 in any jurisdiction which requires the certificateholder to
466 surrender or otherwise relinquish his or her educator’s
467 certificate. A surrender or relinquishment shall be for
468 permanent revocation of the certificate. A person may not
469 surrender or otherwise relinquish his or her certificate prior
470 to a finding of probable cause by the commissioner as provided
471 in s. 1012.796.
472 (n) Has been disqualified from educator certification under
473 s. 1012.315.
474 (o) Has committed a third recruiting offense as determined
475 by the Florida High School Athletic Association (FHSAA) pursuant
476 to s. 1006.20(2)(b).
477 (p) Has violated test security rules as provided in s.
479 (5) Each district school superintendent and the governing
480 authority of each university lab school, state-supported school,
481 private school, and the FHSAA shall report to the department the
482 name of any person certified pursuant to this chapter or
483 employed and qualified pursuant to s. 1012.39:
484 (a) Who has been convicted or found guilty of, who has had
485 adjudication withheld, or who has pled guilty or nolo contendere
486 to , a misdemeanor, a felony, or any other criminal charge, other
487 than a minor traffic infraction;
488 (b) Who that official has reason to believe has committed
489 or is found to have committed any act which would be a ground
490 for revocation or suspension under subsection (1); or
491 (c) Who has been dismissed or severed from employment
492 because of conduct involving any immoral, unnatural, or
493 lascivious act.
494 Section 8. Paragraphs (a) and (d) of subsection (7) of
495 section 1012.796, Florida Statutes, are amended to read:
496 1012.796 Complaints against teachers and administrators;
497 procedure; penalties.—
498 (7) A panel of the commission shall enter a final order
499 either dismissing the complaint or imposing one or more of the
500 following penalties:
501 (a) Denial of an application for a teaching certificate or
502 for an administrative or supervisory endorsement on a teaching
503 certificate. The denial may provide that the applicant may not
504 reapply for certification, and that the department may refuse to
505 consider that applicant’s application, for a specified period of
506 time or permanently.
507 (d) Placement of the teacher, administrator, or supervisor
508 on probation for a period of time and subject to such conditions
509 as the commission may specify, including requiring the certified
510 teacher, administrator, or supervisor to complete additional
511 appropriate college courses or work with another certified
512 educator, with the administrative costs of monitoring the
513 probation assessed to the educator placed on probation. An
514 educator who has been placed on probation shall, at a minimum:
515 1. Immediately notify the investigative office in the
516 Department of Education upon employment or separation from
517 termination of employment in the state in any public or private
518 position requiring a Florida educator’s certificate.
519 2. Have his or her immediate supervisor submit annual
520 performance reports to the investigative office in the
521 Department of Education.
522 3. Pay to the commission within the first 6 months of each
523 probation year the administrative costs of monitoring probation
524 assessed to the educator.
525 4. Violate no law and fully comply with all district school
526 board policies, school rules, and State Board of Education
528 5. Satisfactorily perform his or her assigned duties in a
529 competent, professional manner.
530 6. Bear all costs of complying with the terms of a final
531 order entered by the commission.
533 The penalties imposed under this subsection are in addition to,
534 and not in lieu of, the penalties required for a third
535 recruiting offense pursuant to s. 1006.20(2)(b).
536 Section 9. This act shall take effect July 1, 2018.