Florida Senate - 2021                             CS for SB 1864
       
       
        
       By the Committee on Appropriations; and Senators Perry and Diaz
       
       
       
       
       
       576-04217-21                                          20211864c1
    1                        A bill to be entitled                      
    2         An act relating to educator conduct; amending s.
    3         1001.10, F.S.; requiring the Department of Education
    4         to maintain a disqualification list of certain
    5         persons; providing for the removal of a person from
    6         the list under certain circumstances; requiring the
    7         State Board of Education to adopt rules; requiring the
    8         department to provide access to specified information
    9         to certain staff for specified purposes; amending s.
   10         1001.42, F.S.; providing that certain provisions
   11         relating to conduct and prohibition from employment
   12         apply to educational support employees; prohibiting
   13         certain employees and personnel from employment under
   14         certain circumstances; requiring district school
   15         boards to report specified persons to the department
   16         for inclusion on the list; providing that a school
   17         board official forfeits his or her salary for 1 year
   18         under additional circumstances; amending s. 1001.51,
   19         F.S.; providing that a district school superintendent
   20         forfeits his or her salary for 1 year under additional
   21         circumstances; amending s. 1002.33, F.S.; prohibiting
   22         certain individuals from employment at a charter
   23         school; providing requirements for charter schools
   24         relating to employing certain individuals; requiring
   25         the governing board of a charter school to establish
   26         the duty of instructional personnel and school
   27         administrators to report specified alleged misconduct
   28         by certain individuals; prohibiting an individual on
   29         the list from employment in specified positions;
   30         requiring a charter school to report specified
   31         individuals to the department for inclusion on a
   32         certain list; amending s. 1002.421, F.S.; requiring
   33         certain private schools to include educational support
   34         employees in specified policies; requiring certain
   35         private schools to deny employment to certain persons;
   36         prohibiting the employment of certain employees and
   37         personnel under circumstances; requiring private
   38         schools to report specified persons to the department
   39         for inclusion on a certain list; authorizing the
   40         Commissioner of Education to permanently revoke an
   41         owner’s or operator’s authority to establish or
   42         operate a private school in the state under certain
   43         circumstances; amending s. 1006.061, F.S.; revising
   44         the contents of a sign certain educational entities
   45         are required to post to include information relating
   46         to reporting of certain criminal acts; amending s.
   47         1012.27, F.S.; revising the requirements for certain
   48         employment history checks to include a specified
   49         affidavit; amending s. 1012.31, requiring certain
   50         persons to execute and maintain an affidavit of
   51         separation form for specified purposes; providing
   52         requirements for such affidavit; amending s. 1012.315,
   53         F.S.; providing that certain persons are ineligible
   54         for an educator certification or specified employment;
   55         amending s. 1012.795, F.S.; revising acts that warrant
   56         a disciplinary action by the Education Practices
   57         Commission; amending s. 1012.796, F.S.; prohibiting
   58         the department from issuing a certificate to certain
   59         persons; requiring the commissioner to make a
   60         determination of probable cause within a specified
   61         timeframe for complaints relating to sexual misconduct
   62         with a student; providing for such timeframe to be
   63         held in abeyance under certain circumstances;
   64         providing construction; requiring certain individuals
   65         to be placed on a disqualification list; requiring the
   66         commissioner to remove certain suspended personnel or
   67         administrators from certain positions under specified
   68         circumstances; requiring a district school
   69         superintendent to immediately suspend certain
   70         individuals and take specified action as a results of
   71         alleged misconduct; prohibiting certain individuals
   72         from serving or applying to serve in specified
   73         positions at public schools and specified private
   74         schools; providing a timeframe for specified
   75         investigations; providing timeframe for administrative
   76         suspension; providing criminal penalties; amending s.
   77         1012.797, F.S.; revising provisions relating to
   78         notification by law enforcement of certain charges
   79         against employees; expanding the entities who receive
   80         such notifications; requiring a school principal or
   81         designee to notify certain parents of such
   82         notifications within a specified timeframe; providing
   83         minimum requirements for parental notifications;
   84         providing an effective date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Subsections (4) and (5) of section 1001.10,
   89  Florida Statutes, are amended to read:
   90         1001.10 Commissioner of Education; general powers and
   91  duties.—
   92         (4) The Department of Education shall:
   93         (a) Provide technical assistance to school districts,
   94  charter schools, the Florida School for the Deaf and the Blind,
   95  and private schools that accept scholarship students who
   96  participate in a state scholarship program under chapter 1002 in
   97  the development of policies, procedures, and training related to
   98  employment practices and standards of ethical conduct for
   99  instructional personnel and school administrators, as defined in
  100  s. 1012.01.
  101         (b)Maintain a disqualification list that includes all of
  102  the following:
  103         1.The identity of each person who has been permanently
  104  denied an educator certificate or whose educator certificate has
  105  been permanently revoked and has been placed on the list as
  106  directed by the Education Practices Commission pursuant to s.
  107  1012.795(1) or s. 1012.796(7).
  108         2.The identity of each person who has been permanently
  109  disqualified by the commissioner from owning or operating a
  110  private school that participates in state scholarship programs
  111  under s. 1002.421.
  112         3.The identity of each person who has been terminated, or
  113  has resigned in lieu of termination, from employment as a result
  114  of sexual misconduct with a student.
  115         4.The identity of each person who is ineligible for
  116  educator certification or employment pursuant to s. 1012.315.
  117         (c)The department may remove a person from the
  118  disqualification list if the person demonstrates that:
  119         1.A completed law enforcement investigation resulted in an
  120  exoneration or no conviction or finding of guilt and a completed
  121  investigation and proceeding, as applicable, by the responsible
  122  education agency resulted in a finding that the person did not
  123  commit disqualifying conduct;
  124         2.The person was not the subject of the report of
  125  disqualifying conduct and was included on the disqualification
  126  list in error or as a result of mistaken identity; or
  127         3.The employer that submitted the person for inclusion on
  128  the disqualification list requests that the person be removed
  129  and submits documentation to support the request.
  130         (d)The State Board of Education shall adopt rules to
  131  implement this subsection.
  132         (5) The Department of Education shall provide authorized
  133  staff of school districts, charter schools, the Florida School
  134  for the Deaf and the Blind, and private schools that accept
  135  scholarship students who participate in a state scholarship
  136  program under chapter 1002 with access to electronic
  137  verification of information from the following employment
  138  screening tools:
  139         (a) The Professional Practices’ Database of Disciplinary
  140  Actions Against Educators.; and
  141         (b) The department’s Department of Education’s Teacher
  142  Certification Database.
  143         (c)The department’s disqualification list under paragraph
  144  (4)(b).
  145  
  146  This subsection does not require the department to provide these
  147  staff with unlimited access to the databases. However, the
  148  department shall provide the staff with access to the data
  149  necessary for performing employment history checks of the
  150  persons instructional personnel and school administrators
  151  included in the databases.
  152         Section 2. Subsections (6) and (7) of section 1001.42,
  153  Florida Statutes, are amended to read:
  154         1001.42 Powers and duties of district school board.—The
  155  district school board, acting as a board, shall exercise all
  156  powers and perform all duties listed below:
  157         (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
  158  PERSONNEL, ADMINISTRATIVE PERSONNEL, AND SCHOOL OFFICERS.—Adopt
  159  policies establishing standards of ethical conduct for
  160  educational support employees, instructional personnel,
  161  administrative personnel, and school officers. The policies must
  162  require all educational support employees, instructional
  163  personnel, administrative personnel, and school officers, as
  164  defined in s. 1012.01, to complete training on the standards;
  165  establish the duty of educational support employees,
  166  instructional personnel, administrative personnel, and school
  167  officers to report, and procedures for reporting, alleged
  168  misconduct by other educational support employees, instructional
  169  or administrative personnel, and school officers which affects
  170  the health, safety, or welfare of a student, including
  171  misconduct that involves engaging in or soliciting sexual,
  172  romantic, or lewd conduct with a student; require the district
  173  school superintendent to report to law enforcement misconduct by
  174  educational support employees, instructional personnel, or
  175  school administrators that would result in disqualification from
  176  educator certification or employment as provided in s. 1012.315;
  177  and include an explanation of the liability protections provided
  178  under ss. 39.203 and 768.095. A district school board, or any of
  179  its employees or personnel, may not enter into a confidentiality
  180  agreement regarding terminated or dismissed educational support
  181  employees, instructional or administrative personnel, or school
  182  officers who resign in lieu of termination, based in whole or in
  183  part on misconduct that affects the health, safety, or welfare
  184  of a student, and may not provide educational support employees,
  185  instructional personnel, administrative personnel, or school
  186  officers with employment references or discuss the employees’,
  187  personnel’s, or officers’ performance with prospective employers
  188  in another educational setting, without disclosing the
  189  employees’, personnel’s, or officers’ misconduct. Any part of an
  190  agreement or contract that has the purpose or effect of
  191  concealing misconduct by educational support employees,
  192  instructional personnel, administrative personnel, or school
  193  officers which affects the health, safety, or welfare of a
  194  student is void, is contrary to public policy, and may not be
  195  enforced.
  196         (7) PROHIBITION DISQUALIFICATION FROM EMPLOYMENT.—Prohibit
  197  educational support employees, Disqualify instructional
  198  personnel, and administrative personnel, as defined in s.
  199  1012.01, from employment in any position that requires direct
  200  contact with students if the employees or personnel are
  201  ineligible for such employment under s. 1012.315 or have been
  202  terminated or resigned in lieu of termination for sexual
  203  misconduct with a student. If the prohibited conduct occurs
  204  while employed, the district school board must report the
  205  employees or personnel and the disqualifying circumstances to
  206  the department for inclusion on the disqualification list
  207  maintained by the department pursuant s. 1001.10(4)(b). An
  208  elected or appointed school board official forfeits his or her
  209  salary for 1 year if:
  210         (a) The school board official knowingly signs and transmits
  211  to any state official a report of alleged misconduct by
  212  educational support employees, instructional personnel, or
  213  administrative personnel which affects the health, safety, or
  214  welfare of a student and the school board official knows the
  215  report to be false or incorrect; or
  216         (b) The school board official knowingly fails to adopt
  217  policies that require:
  218         1. Educational support employees, instructional personnel,
  219  and administrative personnel to report alleged misconduct by
  220  other educational support employees, instructional personnel,
  221  and administrative personnel;
  222         2. The district school superintendent to report misconduct
  223  by educational support employees, instructional personnel, or
  224  school administrators that would result in disqualification from
  225  educator certification or employment as provided in s. 1012.315
  226  to the law enforcement agencies with jurisdiction over the
  227  conduct; or
  228         3. The investigation of all reports of alleged misconduct
  229  by educational support employees, instructional personnel, and
  230  administrative personnel, if the misconduct affects the health,
  231  safety, or welfare of a student, regardless of whether the
  232  person resigned or was terminated before the conclusion of the
  233  investigation. The policies must require the district school
  234  superintendent to notify the department of the result of the
  235  investigation and whether the misconduct warranted termination,
  236  regardless of whether the person resigned or was terminated
  237  before the conclusion of the investigation.
  238         Section 3. Subsection (12) of section 1001.51, Florida
  239  Statutes, is amended to read:
  240         1001.51 Duties and responsibilities of district school
  241  superintendent.—The district school superintendent shall
  242  exercise all powers and perform all duties listed below and
  243  elsewhere in the law, provided that, in so doing, he or she
  244  shall advise and counsel with the district school board. The
  245  district school superintendent shall perform all tasks necessary
  246  to make sound recommendations, nominations, proposals, and
  247  reports required by law to be acted upon by the district school
  248  board. All such recommendations, nominations, proposals, and
  249  reports by the district school superintendent shall be either
  250  recorded in the minutes or shall be made in writing, noted in
  251  the minutes, and filed in the public records of the district
  252  school board. It shall be presumed that, in the absence of the
  253  record required in this section, the recommendations,
  254  nominations, and proposals required of the district school
  255  superintendent were not contrary to the action taken by the
  256  district school board in such matters.
  257         (12) RECORDS AND REPORTS.—Recommend such records as should
  258  be kept in addition to those prescribed by rules of the State
  259  Board of Education; prepare forms for keeping such records as
  260  are approved by the district school board; ensure that such
  261  records are properly kept; and make all reports that are needed
  262  or required, as follows:
  263         (a) Forms, blanks, and reports.—Require that all employees
  264  accurately keep all records and promptly make in proper form all
  265  reports required by the education code or by rules of the State
  266  Board of Education; recommend the keeping of such additional
  267  records and the making of such additional reports as may be
  268  deemed necessary to provide data essential for the operation of
  269  the school system; and prepare such forms and blanks as may be
  270  required and ensure that these records and reports are properly
  271  prepared.
  272         (b) Reports to the department.—Prepare, for the approval of
  273  the district school board, all reports required by law or rules
  274  of the State Board of Education to be made to the department and
  275  transmit promptly all such reports, when approved, to the
  276  department, as required by law. If any reports are not
  277  transmitted at the time and in the manner prescribed by law or
  278  by State Board of Education rules, the salary of the district
  279  school superintendent must be withheld until the report has been
  280  properly submitted. Unless otherwise provided by rules of the
  281  State Board of Education, the annual report on attendance and
  282  personnel is due on or before July 1, and the annual school
  283  budget and the report on finance are due on the date prescribed
  284  by the commissioner.
  285  
  286  Any district school superintendent who knowingly signs and
  287  transmits to any state official a report that the superintendent
  288  knows to be false or incorrect; who knowingly fails to complete
  289  the investigation of investigate any allegation of misconduct
  290  that by instructional personnel or school administrators, as
  291  defined in s. 1012.01, which affects the health, safety, or
  292  welfare of a student, that would be a violation of s. 800.101,
  293  or that would be a disqualifying offense under s. 1012.315, or
  294  any allegation of sexual misconduct with a student; who
  295  knowingly fails to report the alleged misconduct to the
  296  department as required in s. 1012.796; or who knowingly fails to
  297  report misconduct to the law enforcement agencies with
  298  jurisdiction over the conduct pursuant to district school board
  299  policy under s. 1001.42(6), forfeits his or her salary for 1
  300  year following the date of such act or failure to act.
  301         Section 4. Paragraph (g) of subsection (12) of section
  302  1002.33, Florida Statutes, is amended to read:
  303         1002.33 Charter schools.—
  304         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  305         (g)1. A charter school shall employ or contract with
  306  employees who have undergone background screening as provided in
  307  s. 1012.32. Members of the governing board of the charter school
  308  shall also undergo background screening in a manner similar to
  309  that provided in s. 1012.32. An individual may not be employed
  310  as an employee or contract personnel of a charter school or
  311  serve as a member of a charter school governing board if the
  312  individual is on the disqualification list maintained by the
  313  department pursuant to s. 1001.10(4)(b).
  314         2. A charter school shall prohibit educational support
  315  employees, disqualify instructional personnel, and school
  316  administrators, as defined in s. 1012.01, from employment in any
  317  position that requires direct contact with students if the
  318  employees, personnel, or administrators are ineligible for such
  319  employment under s. 1012.315 or have been terminated or resigned
  320  in lieu of termination for sexual misconduct with a student. If
  321  the prohibited conduct occurs while employed, a charter school
  322  must report the individual and the disqualifying circumstances
  323  to the department for inclusion on the disqualification list
  324  maintained pursuant to s. 1001.10(4)(b).
  325         3. The governing board of a charter school shall adopt
  326  policies establishing standards of ethical conduct for
  327  educational support employees, instructional personnel, and
  328  school administrators. The policies must require all educational
  329  support employees, instructional personnel, and school
  330  administrators, as defined in s. 1012.01, to complete training
  331  on the standards; establish the duty of educational support
  332  employees, instructional personnel, and school administrators to
  333  report, and procedures for reporting, alleged misconduct that by
  334  other instructional personnel and school administrators which
  335  affects the health, safety, or welfare of a student; and include
  336  an explanation of the liability protections provided under ss.
  337  39.203 and 768.095. A charter school, or any of its employees,
  338  may not enter into a confidentiality agreement regarding
  339  terminated or dismissed educational support employees,
  340  instructional personnel, or school administrators, or employees,
  341  personnel, or administrators who resign in lieu of termination,
  342  based in whole or in part on misconduct that affects the health,
  343  safety, or welfare of a student, and may not provide employees,
  344  instructional personnel, or school administrators with
  345  employment references or discuss the employees’, personnel’s, or
  346  administrators’ performance with prospective employers in
  347  another educational setting, without disclosing the employees’,
  348  personnel’s, or administrators’ misconduct. Any part of an
  349  agreement or contract that has the purpose or effect of
  350  concealing misconduct by educational support employees,
  351  instructional personnel, or school administrators which affects
  352  the health, safety, or welfare of a student is void, is contrary
  353  to public policy, and may not be enforced.
  354         4. Before employing an individual instructional personnel
  355  or school administrators in any position that requires direct
  356  contact with students, a charter school shall conduct employment
  357  history checks of each individual of the personnel’s or
  358  administrators’ previous employers, screen the instructional
  359  personnel or school administrators through use of the educator
  360  screening tools described in s. 1001.10(5), and document the
  361  findings. If unable to contact a previous employer, the charter
  362  school must document efforts to contact the employer.
  363         5. The sponsor of a charter school that knowingly fails to
  364  comply with this paragraph shall terminate the charter under
  365  subsection (8).
  366         Section 5. Paragraphs (n) and (o) of subsection (1) and
  367  subsection (3) of section 1002.421, Florida Statutes, are
  368  amended, and paragraph (r) is added to subsection (1) of that
  369  section, to read:
  370         1002.421 State school choice scholarship program
  371  accountability and oversight.—
  372         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  373  school participating in an educational scholarship program
  374  established pursuant to this chapter must be a private school as
  375  defined in s. 1002.01(2) in this state, be registered, and be in
  376  compliance with all requirements of this section in addition to
  377  private school requirements outlined in s. 1002.42, specific
  378  requirements identified within respective scholarship program
  379  laws, and other provisions of Florida law that apply to private
  380  schools, and must:	
  381         (n) Adopt policies establishing standards of ethical
  382  conduct for educational support employees, instructional
  383  personnel, and school administrators. The policies must require
  384  all educational support employees, instructional personnel, and
  385  school administrators, as defined in s. 1012.01, to complete
  386  training on the standards; establish the duty of educational
  387  support employees, instructional personnel, and school
  388  administrators to report, and procedures for reporting, alleged
  389  misconduct by other educational support employees, instructional
  390  personnel, and school administrators which affects the health,
  391  safety, or welfare of a student; and include an explanation of
  392  the liability protections provided under ss. 39.203 and 768.095.
  393  A private school, or any of its employees, may not enter into a
  394  confidentiality agreement regarding terminated or dismissed
  395  educational support employees, instructional personnel, or
  396  school administrators, or employees, personnel, or
  397  administrators who resign in lieu of termination, based in whole
  398  or in part on misconduct that affects the health, safety, or
  399  welfare of a student, and may not provide the employees,
  400  instructional personnel, or school administrators with
  401  employment references or discuss the employees’, personnel’s, or
  402  administrators’ performance with prospective employers in
  403  another educational setting, without disclosing the employees’,
  404  personnel’s, or administrators’ misconduct. Any part of an
  405  agreement or contract that has the purpose or effect of
  406  concealing misconduct by educational support employees,
  407  instructional personnel, or school administrators which affects
  408  the health, safety, or welfare of a student is void, is contrary
  409  to public policy, and may not be enforced.
  410         (o) Before employing a person instructional personnel or
  411  school administrators in any position that requires direct
  412  contact with students, conduct employment history checks of each
  413  of the personnel’s or administrators’ previous employers, screen
  414  the person personnel or administrators through use of the
  415  educator screening tools described in s. 1001.10(5), and
  416  document the findings. If unable to contact a previous employer,
  417  the private school must document efforts to contact the
  418  employer. The private school may not employ a person whose
  419  educator certificate is revoked, who is barred from reapplying
  420  for an educator certificate, or who is on the disqualification
  421  list maintained by the department pursuant to s. 1001.10(4)(b).
  422         (r)Prohibit education support employees, instructional
  423  personnel, and school administrators from employment in any
  424  position that requires direct contact with students if the
  425  personnel or administrators are ineligible for such employment
  426  pursuant to this section or s. 1012.315, or have been terminated
  427  or resigned in lieu of termination for sexual misconduct with a
  428  student. If the prohibited conduct occurs subsequent to
  429  employment, the private school must report the person and the
  430  disqualifying circumstances to the department for inclusion on
  431  the disqualification list maintained pursuant to s.
  432  1001.10(4)(b).
  433  
  434  The department shall suspend the payment of funds to a private
  435  school that knowingly fails to comply with this subsection, and
  436  shall prohibit the school from enrolling new scholarship
  437  students, for 1 fiscal year and until the school complies. If a
  438  private school fails to meet the requirements of this subsection
  439  or has consecutive years of material exceptions listed in the
  440  report required under paragraph (q), the commissioner may
  441  determine that the private school is ineligible to participate
  442  in a scholarship program.
  443         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
  444  The Commissioner of Education:
  445         (a) Shall deny, suspend, or revoke a private school’s
  446  participation in a scholarship program if it is determined that
  447  the private school has failed to comply with this section or
  448  exhibits a previous pattern of failure to comply. However, if
  449  the noncompliance is correctable within a reasonable amount of
  450  time, not to exceed 45 days, and if the health, safety, or
  451  welfare of the students is not threatened, the commissioner may
  452  issue a notice of noncompliance which provides the private
  453  school with a timeframe within which to provide evidence of
  454  compliance before taking action to suspend or revoke the private
  455  school’s participation in the scholarship program.
  456         (b) May deny, suspend, or revoke a private school’s
  457  participation in a scholarship program if the commissioner
  458  determines that an owner or operator of the private school is
  459  operating or has operated an educational institution in this
  460  state or in another state or jurisdiction in a manner contrary
  461  to the health, safety, or welfare of the public or if the owner
  462  or operator has exhibited a previous pattern of failure to
  463  comply with this section or specific requirements identified
  464  within respective scholarship program laws. For purposes of this
  465  subsection, the term “owner or operator” has the same meaning as
  466  provided in paragraph (1)(p).
  467         (c)May permanently deny or revoke the authority of an
  468  owner or operator to establish or operate a private school in
  469  this state if the commissioner decides that the owner or
  470  operator is operating or has operated an educational institution
  471  in this state or another state or jurisdiction in a manner
  472  contrary to the health, safety, or welfare of the public, and
  473  shall include such individuals on the disqualification list
  474  maintained by the department pursuant to s. 1001.10(4)(b).
  475         (d)1.(c)1. In making such a determination, may consider
  476  factors that include, but are not limited to, acts or omissions
  477  by an owner or operator which led to a previous denial,
  478  suspension, or revocation of participation in a state or federal
  479  education scholarship program; an owner’s or operator’s failure
  480  to reimburse the department or scholarship-funding organization
  481  for scholarship funds improperly received or retained by a
  482  school; the imposition of a prior criminal sanction related to
  483  an owner’s or operator’s management or operation of an
  484  educational institution; the imposition of a civil fine or
  485  administrative fine, license revocation or suspension, or
  486  program eligibility suspension, termination, or revocation
  487  related to an owner’s or operator’s management or operation of
  488  an educational institution; or other types of criminal
  489  proceedings in which an owner or operator was found guilty of,
  490  regardless of adjudication, or entered a plea of nolo contendere
  491  or guilty to, any offense involving fraud, deceit, dishonesty,
  492  or moral turpitude.
  493         2. The commissioner’s determination is subject to the
  494  following:
  495         a. If the commissioner intends to deny, suspend, or revoke
  496  a private school’s participation in the scholarship program, the
  497  department shall notify the private school of such proposed
  498  action in writing by certified mail and regular mail to the
  499  private school’s address of record with the department. The
  500  notification shall include the reasons for the proposed action
  501  and notice of the timelines and procedures set forth in this
  502  paragraph.
  503         b. The private school that is adversely affected by the
  504  proposed action shall have 15 days after receipt of the notice
  505  of proposed action to file with the department’s agency clerk a
  506  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  507  the private school is entitled to a hearing under s. 120.57(1),
  508  the department shall forward the request to the Division of
  509  Administrative Hearings.
  510         c. Upon receipt of a request referred pursuant to this
  511  subparagraph, the director of the Division of Administrative
  512  Hearings shall expedite the hearing and assign an administrative
  513  law judge who shall commence a hearing within 30 days after the
  514  receipt of the formal written request by the division and enter
  515  a recommended order within 30 days after the hearing or within
  516  30 days after receipt of the hearing transcript, whichever is
  517  later. Each party shall be allowed 10 days in which to submit
  518  written exceptions to the recommended order. A final order shall
  519  be entered by the agency within 30 days after the entry of a
  520  recommended order. The provisions of this sub-subparagraph may
  521  be waived upon stipulation by all parties.
  522         (e)(d) May immediately suspend payment of scholarship funds
  523  if it is determined that there is probable cause to believe that
  524  there is:
  525         1. An imminent threat to the health, safety, or welfare of
  526  the students;
  527         2. A previous pattern of failure to comply with this
  528  section; or
  529         3. Fraudulent activity on the part of the private school.
  530  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  531  activity pursuant to this section, the department’s Office of
  532  Inspector General is authorized to release personally
  533  identifiable records or reports of students to the following
  534  persons or organizations:
  535         a. A court of competent jurisdiction in compliance with an
  536  order of that court or the attorney of record in accordance with
  537  a lawfully issued subpoena, consistent with the Family
  538  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  539         b. A person or entity authorized by a court of competent
  540  jurisdiction in compliance with an order of that court or the
  541  attorney of record pursuant to a lawfully issued subpoena,
  542  consistent with the Family Educational Rights and Privacy Act,
  543  20 U.S.C. s. 1232g.
  544         c. Any person, entity, or authority issuing a subpoena for
  545  law enforcement purposes when the court or other issuing agency
  546  has ordered that the existence or the contents of the subpoena
  547  or the information furnished in response to the subpoena not be
  548  disclosed, consistent with the Family Educational Rights and
  549  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  550  
  551  The commissioner’s order suspending payment pursuant to this
  552  paragraph may be appealed pursuant to the same procedures and
  553  timelines as the notice of proposed action set forth in
  554  subparagraph (d)2 (c)2.
  555         Section 6. Subsection (2) and paragraph (a) of subsection
  556  (4) of section 1006.061, Florida Statutes, are amended to read:
  557         1006.061 Child abuse, abandonment, and neglect policy.—Each
  558  district school board, charter school, and private school that
  559  accepts scholarship students who participate in a state
  560  scholarship program under chapter 1002 shall:
  561         (2) Post in a prominent place at each school site and on
  562  each school’s Internet website, if available, the policies and
  563  procedures for reporting alleged misconduct by educational
  564  support employees, instructional personnel, or school
  565  administrators which affects the health, safety, or welfare of a
  566  student; the contact person to whom the report is made; and the
  567  penalties imposed on educational support employees,
  568  instructional personnel, or school administrators who fail to
  569  report suspected or actual child abuse or alleged misconduct by
  570  other educational support employees, instructional personnel, or
  571  school administrators.
  572         (4)(a) Post in a prominent place in a clearly visible
  573  location and public area of the school which is readily
  574  accessible to and widely used by students a sign in English and
  575  Spanish that contains:
  576         1. The statewide toll-free telephone number of the central
  577  abuse hotline as provided in chapter 39.;
  578         2. Instructions to call 911 for emergencies.; and
  579         3. Directions for accessing the Department of Children and
  580  Families Internet website for more information on reporting
  581  abuse, neglect, and exploitation.
  582         4.Directions for accessing the Department of Education’s
  583  website for more information on reporting acts that violate s.
  584  800.101.
  585  
  586  The Department of Education shall develop, and publish on the
  587  department’s Internet website, sample notices suitable for
  588  posting in accordance with subsections (1), (2), and (4).
  589         Section 7. Subsection (6) of section 1012.27, Florida
  590  Statutes, is amended to read:
  591         1012.27 Public school personnel; powers and duties of
  592  district school superintendent.—The district school
  593  superintendent is responsible for directing the work of the
  594  personnel, subject to the requirements of this chapter, and in
  595  addition the district school superintendent shall perform the
  596  following:
  597         (6) EMPLOYMENT HISTORY CHECKS.—Before employing a person in
  598  any position that requires direct contact with students, conduct
  599  employment history checks of each of the person’s previous
  600  employers, review each affidavit of separation from previous
  601  employers pursuant to s. 1012.31, screen instructional personnel
  602  and school administrators, as defined in s. 1012.01, through use
  603  of the educator screening tools described in s. 1001.10(5), and
  604  document the findings. If unable to contact a previous employer,
  605  the district school superintendent shall document efforts to
  606  contact the employer.
  607         Section 8. Paragraph (a) of subsection (2) of section
  608  1012.31, Florida Statutes, is amended to read:
  609         1012.31 Personnel files.—Public school system employee
  610  personnel files shall be maintained according to the following
  611  provisions:
  612         (2)(a) Materials relating to work performance, discipline,
  613  suspension, or dismissal must be reduced to writing and signed
  614  by a person competent to know the facts or make the judgment. In
  615  cases of separation due to termination or resignation in lieu of
  616  termination, the person shall execute and maintain an affidavit
  617  of separation, on the form adopted by the Department of
  618  Education, setting forth in detail the facts and reasons for
  619  such separation. The affidavit must expressly disclose when
  620  separation is due to a report of sexual misconduct with a
  621  student. The affidavit of separation must be executed under oath
  622  and constitutes an official statement within the purview of s.
  623  837.06. The affidavit of separation must include conspicuous
  624  language that intentional false execution of the affidavit
  625  constitutes a misdemeanor of the second degree The resignation
  626  or termination of an employee before an investigation of alleged
  627  misconduct by the employee affecting the health, safety, or
  628  welfare of a student is concluded must be clearly indicated in
  629  the employee’s personnel file.
  630         Section 9. Section 1012.315, Florida Statutes, is amended
  631  to read:
  632         1012.315 Screening standards Disqualification from
  633  employment.—A person is ineligible for educator certification or
  634  employment in any position that requires direct contact with
  635  students in a district school system, charter school, or a
  636  private school that participates accepts scholarship students
  637  who participate in a state scholarship program under chapter
  638  1002 if the person is on the disqualification list maintained by
  639  the department pursuant to s. 1001.10(4)(b), is registered as a
  640  sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C), or has
  641  been convicted or found guilty of, has had adjudication withheld
  642  for, or has pled guilty or nolo contendere to of:
  643         (1) Any felony offense prohibited under any of the
  644  following statutes:
  645         (a) Section 393.135, relating to sexual misconduct with
  646  certain developmentally disabled clients and reporting of such
  647  sexual misconduct.
  648         (b) Section 394.4593, relating to sexual misconduct with
  649  certain mental health patients and reporting of such sexual
  650  misconduct.
  651         (c) Section 415.111, relating to adult abuse, neglect, or
  652  exploitation of aged persons or disabled adults.
  653         (d) Section 782.04, relating to murder.
  654         (e) Section 782.07, relating to manslaughter, aggravated
  655  manslaughter of an elderly person or disabled adult, aggravated
  656  manslaughter of a child, or aggravated manslaughter of an
  657  officer, a firefighter, an emergency medical technician, or a
  658  paramedic.
  659         (f) Section 784.021, relating to aggravated assault.
  660         (g) Section 784.045, relating to aggravated battery.
  661         (h) Section 784.075, relating to battery on a detention or
  662  commitment facility staff member or a juvenile probation
  663  officer.
  664         (i) Section 787.01, relating to kidnapping.
  665         (j) Section 787.02, relating to false imprisonment.
  666         (k) Section 787.025, relating to luring or enticing a
  667  child.
  668         (l) Section 787.04(2), relating to leading, taking,
  669  enticing, or removing a minor beyond the state limits, or
  670  concealing the location of a minor, with criminal intent pending
  671  custody proceedings.
  672         (m) Section 787.04(3), relating to leading, taking,
  673  enticing, or removing a minor beyond the state limits, or
  674  concealing the location of a minor, with criminal intent pending
  675  dependency proceedings or proceedings concerning alleged abuse
  676  or neglect of a minor.
  677         (n) Section 790.115(1), relating to exhibiting firearms or
  678  weapons at a school-sponsored event, on school property, or
  679  within 1,000 feet of a school.
  680         (o) Section 790.115(2)(b), relating to possessing an
  681  electric weapon or device, destructive device, or other weapon
  682  at a school-sponsored event or on school property.
  683         (p) Section 794.011, relating to sexual battery.
  684         (q) Former s. 794.041, relating to sexual activity with or
  685  solicitation of a child by a person in familial or custodial
  686  authority.
  687         (r) Section 794.05, relating to unlawful sexual activity
  688  with certain minors.
  689         (s) Section 794.08, relating to female genital mutilation.
  690         (t) Chapter 796, relating to prostitution.
  691         (u) Chapter 800, relating to lewdness and indecent
  692  exposure.
  693         (v) Section 800.101, relating to offenses against students
  694  by authority figures.
  695         (w) Section 806.01, relating to arson.
  696         (x) Section 810.14, relating to voyeurism.
  697         (y) Section 810.145, relating to video voyeurism.
  698         (z) Section 812.014(6), relating to coordinating the
  699  commission of theft in excess of $3,000.
  700         (aa) Section 812.0145, relating to theft from persons 65
  701  years of age or older.
  702         (bb) Section 812.019, relating to dealing in stolen
  703  property.
  704         (cc) Section 812.13, relating to robbery.
  705         (dd) Section 812.131, relating to robbery by sudden
  706  snatching.
  707         (ee) Section 812.133, relating to carjacking.
  708         (ff) Section 812.135, relating to home-invasion robbery.
  709         (gg) Section 817.563, relating to fraudulent sale of
  710  controlled substances.
  711         (hh) Section 825.102, relating to abuse, aggravated abuse,
  712  or neglect of an elderly person or disabled adult.
  713         (ii) Section 825.103, relating to exploitation of an
  714  elderly person or disabled adult.
  715         (jj) Section 825.1025, relating to lewd or lascivious
  716  offenses committed upon or in the presence of an elderly person
  717  or disabled person.
  718         (kk) Section 826.04, relating to incest.
  719         (ll) Section 827.03, relating to child abuse, aggravated
  720  child abuse, or neglect of a child.
  721         (mm) Section 827.04, relating to contributing to the
  722  delinquency or dependency of a child.
  723         (nn) Section 827.071, relating to sexual performance by a
  724  child.
  725         (oo) Section 843.01, relating to resisting arrest with
  726  violence.
  727         (pp) Chapter 847, relating to obscenity.
  728         (qq) Section 874.05, relating to causing, encouraging,
  729  soliciting, or recruiting another to join a criminal street
  730  gang.
  731         (rr) Chapter 893, relating to drug abuse prevention and
  732  control, if the offense was a felony of the second degree or
  733  greater severity.
  734         (ss) Section 916.1075, relating to sexual misconduct with
  735  certain forensic clients and reporting of such sexual
  736  misconduct.
  737         (tt) Section 944.47, relating to introduction, removal, or
  738  possession of contraband at a correctional facility.
  739         (uu) Section 985.701, relating to sexual misconduct in
  740  juvenile justice programs.
  741         (vv) Section 985.711, relating to introduction, removal, or
  742  possession of contraband at a juvenile detention facility or
  743  commitment program.
  744         (2) Any misdemeanor offense prohibited under any of the
  745  following statutes:
  746         (a) Section 784.03, relating to battery, if the victim of
  747  the offense was a minor.
  748         (b) Section 787.025, relating to luring or enticing a
  749  child.
  750         (3) Any criminal act committed in another state or under
  751  federal law which, if committed in this state, constitutes an
  752  offense prohibited under any statute listed in subsection (1) or
  753  subsection (2).
  754         (4) Any delinquent act committed in this state or any
  755  delinquent or criminal act committed in another state or under
  756  federal law which, if committed in this state, qualifies an
  757  individual for inclusion on the Registered Juvenile Sex Offender
  758  List under s. 943.0435(1)(h)1.d.
  759         Section 10. Subsection (1) of section 1012.795, Florida
  760  Statutes, is amended to read:
  761         1012.795 Education Practices Commission; authority to
  762  discipline.—
  763         (1) The Education Practices Commission may suspend the
  764  educator certificate of any instructional personnel or school
  765  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  766  years, thereby denying that person the right to teach or
  767  otherwise be employed by a district school board or public
  768  school in any capacity requiring direct contact with students
  769  for that period of time, after which the person may return to
  770  teaching as provided in subsection (4); may revoke the educator
  771  certificate of any person, thereby denying that person the right
  772  to teach or otherwise be employed by a district school board or
  773  public school in any capacity requiring direct contact with
  774  students for up to 10 years, with reinstatement subject to
  775  subsection (4); may permanently revoke the educator certificate
  776  of any person thereby denying that person the right to teach or
  777  otherwise be employed by a district school board or public
  778  school in any capacity requiring direct contact with students;
  779  may suspend a person’s educator certificate, upon an order of
  780  the court or notice by the Department of Revenue relating to the
  781  payment of child support; may direct the department to place a
  782  certificateholder employed by a public school, charter school,
  783  charter school governing board, or private school that
  784  participates in a state scholarship program under chapter 1002
  785  on the disqualification list maintained by the department
  786  pursuant to s. 1001.10(4)(b) for misconduct that would render
  787  the person ineligible pursuant to s. 1012.315 or sexual
  788  misconduct with a student; or may impose any other penalty
  789  provided by law, if the person:
  790         (a) Obtained or attempted to obtain an educator certificate
  791  by fraudulent means.
  792         (b) Knowingly failed to report actual or suspected child
  793  abuse as required in s. 1006.061 or report alleged misconduct by
  794  instructional personnel or school administrators which affects
  795  the health, safety, or welfare of a student as required in s.
  796  1012.796.
  797         (c) Has proved to be incompetent to teach or to perform
  798  duties as an employee of the public school system or to teach in
  799  or to operate a private school.
  800         (d) Has been guilty of gross immorality or an act involving
  801  moral turpitude as defined by rule of the State Board of
  802  Education, including engaging in or soliciting sexual, romantic,
  803  or lewd conduct with a student or minor.
  804         (e) Has had an educator certificate or other professional
  805  license sanctioned by this or any other state or has had the
  806  authority to practice the regulated profession revoked,
  807  suspended, or otherwise acted against, including a denial of
  808  certification or licensure, by the licensing or certifying
  809  authority of any jurisdiction, including its agencies and
  810  subdivisions. The licensing or certifying authority’s acceptance
  811  of a relinquishment, stipulation, consent order, or other
  812  settlement offered in response to or in anticipation of the
  813  filing of charges against the licensee or certificateholder
  814  shall be construed as action against the license or certificate.
  815  For purposes of this section, a sanction or action against a
  816  professional license, a certificate, or an authority to practice
  817  a regulated profession must relate to being an educator or the
  818  fitness of or ability to be an educator.
  819         (f) Has been convicted or found guilty of, has had
  820  adjudication withheld for, or has pled guilty or nolo contendere
  821  to a misdemeanor, felony, or any other criminal charge, other
  822  than a minor traffic violation.
  823         (g) Upon investigation, has been found guilty of personal
  824  conduct that seriously reduces that person’s effectiveness as an
  825  employee of the district school board.
  826         (h) Has breached a contract, as provided in s. 1012.33(2)
  827  or s. 1012.335.
  828         (i) Has been the subject of a court order or notice by the
  829  Department of Revenue pursuant to s. 409.2598 directing the
  830  Education Practices Commission to suspend the certificate as a
  831  result of noncompliance with a child support order, a subpoena,
  832  an order to show cause, or a written agreement with the
  833  Department of Revenue.
  834         (j) Has violated the Principles of Professional Conduct for
  835  the Education Profession prescribed by State Board of Education
  836  rules.
  837         (k) Has otherwise violated the provisions of law, the
  838  penalty for which is the revocation of the educator certificate.
  839         (l) Has violated any order of the Education Practices
  840  Commission.
  841         (m) Has been the subject of a court order or plea agreement
  842  in any jurisdiction which requires the certificateholder to
  843  surrender or otherwise relinquish his or her educator’s
  844  certificate. A surrender or relinquishment shall be for
  845  permanent revocation of the certificate. A person may not
  846  surrender or otherwise relinquish his or her certificate prior
  847  to a finding of probable cause by the commissioner as provided
  848  in s. 1012.796.
  849         (n) Has been disqualified from educator certification under
  850  s. 1012.315.
  851         (o) Has committed a third recruiting offense as determined
  852  by the Florida High School Athletic Association (FHSAA) pursuant
  853  to s. 1006.20(2)(b).
  854         (p) Has violated test security as provided in s. 1008.24.
  855         Section 11. Paragraphs (a), (b), (d), and (e) of subsection
  856  (1) and subsection (5) of section 1012.796, Florida Statutes,
  857  are amended, paragraph (i) is added to subsection (7), and
  858  subsection (10) is added to that section, to read:
  859         1012.796 Complaints against teachers and administrators;
  860  procedure; penalties.—
  861         (1)(a) The Department of Education shall cause to be
  862  investigated expeditiously any complaint filed before it or
  863  otherwise called to its attention which, if legally sufficient,
  864  contains grounds for the revocation or suspension of a
  865  certificate or any other appropriate penalty as set forth in
  866  subsection (7). The complaint is legally sufficient if it
  867  contains the ultimate facts which show a violation has occurred
  868  as provided in s. 1012.795 and defined by rule of the State
  869  Board of Education. The department shall investigate or continue
  870  to investigate and take appropriate action on a complaint even
  871  though the original complainant withdraws the complaint or
  872  otherwise indicates a desire not to cause it to be investigated
  873  or prosecuted to completion. The department may investigate or
  874  continue to investigate and take action on a complaint filed
  875  against a person whose educator certificate has expired if the
  876  act or acts that are the basis for the complaint were allegedly
  877  committed while that person possessed an educator certificate
  878  and may not issue a certificate to such a person unless an
  879  investigation has been completed.
  880         (b) The department shall immediately investigate any
  881  legally sufficient complaint that involves misconduct by any
  882  certificated personnel which affects the health, safety, or
  883  welfare of a student, giving the complaint priority over other
  884  pending complaints. The department must investigate or continue
  885  to investigate and take action on such a complaint filed against
  886  a person whose educator certificate has expired if the act or
  887  acts that are the basis for the complaint were allegedly
  888  committed while that person possessed an educator certificate.
  889  The Commissioner of Education shall make a determination of
  890  probable cause within 90 days after receipt of any complaint
  891  involving sexual misconduct with a student. Upon the written
  892  request of a state attorney, this deadline may be held in
  893  abeyance during criminal proceedings related to the sexual
  894  misconduct with a student.
  895         (d)1. Each school district shall file in writing with the
  896  department all legally sufficient complaints within 30 days
  897  after the date on which subject matter of the complaint comes to
  898  the attention of the school district, regardless of whether the
  899  subject of the complaint is still an employee of the school
  900  district. A complaint is legally sufficient if it contains
  901  ultimate facts that show a violation has occurred as provided in
  902  s. 1012.795 and defined by rule of the State Board of Education.
  903  The school district shall include all information relating to
  904  the complaint which is known to the school district at the time
  905  of filing.
  906         2. A school district shall immediately notify the
  907  department if the subject of a legally sufficient complaint of
  908  misconduct affecting the health, safety, or welfare of a student
  909  resigns or is terminated before the conclusion of the school
  910  district’s investigation. Upon receipt of the notification, the
  911  department shall place an alert on the person’s certification
  912  file indicating that he or she resigned or was terminated before
  913  an investigation involving allegations of misconduct affecting
  914  the health, safety, or welfare of a student was concluded. In
  915  such circumstances, the database may not include specific
  916  information relating to the alleged misconduct until permitted
  917  by subsection (4). This subparagraph does not limit or restrict
  918  the duty of the district school board to investigate the
  919  complaint and report the findings and conclusion to the
  920  department.
  921         3. Each district school board shall develop and adopt
  922  policies and procedures to comply with this reporting
  923  requirement. School board policies and procedures must include
  924  standards for screening, hiring, and terminating instructional
  925  personnel and school administrators, as defined in s. 1012.01;
  926  standards of ethical conduct for instructional personnel and
  927  school administrators; the duties of instructional personnel and
  928  school administrators for upholding the standards; detailed
  929  procedures for reporting alleged misconduct by instructional
  930  personnel and school administrators which affects the health,
  931  safety, or welfare of a student; requirements for the
  932  reassignment of instructional personnel and or school
  933  administrators pending the outcome of a misconduct
  934  investigation; and penalties for failing to comply with s.
  935  1001.51 or s. 1012.795. The district school board policies and
  936  procedures must shall include appropriate penalties for all
  937  personnel of the district school board for nonreporting and
  938  procedures for promptly informing the district school
  939  superintendent of each legally sufficient complaint. The
  940  district school superintendent is charged with knowledge of
  941  these policies and procedures and is accountable for the
  942  training of all instructional personnel and school
  943  administrators of the school district on the standards of
  944  ethical conduct, policies, and procedures.
  945         4. If the district school superintendent has knowledge of a
  946  legally sufficient complaint and does not report the complaint,
  947  or fails to enforce the policies and procedures of the district
  948  school board, and fails to comply with the requirements of this
  949  subsection, in addition to other actions against
  950  certificateholders authorized by law, the district school
  951  superintendent is subject to penalties as specified in s.
  952  1001.51(12).
  953         5. If the superintendent determines that misconduct by
  954  instructional personnel or school administrators who hold an
  955  educator certificate affects the health, safety, or welfare of a
  956  student and the misconduct warrants termination, the
  957  instructional personnel or school administrators may resign or
  958  be terminated, and the superintendent must report the misconduct
  959  to the department in the format prescribed by the department.
  960  The department shall maintain each report of misconduct as a
  961  public record in the instructional personnel’s or school
  962  administrators’ certification files. This paragraph does not
  963  limit or restrict the power and duty of the department to
  964  investigate complaints regarding certificateholders, regardless
  965  of the school district’s untimely filing, or failure to file,
  966  complaints and followup reports. This subparagraph does not
  967  create a duty for the department to investigate complaints
  968  regarding noncertificateholders.
  969         (e) If allegations arise against an employee who is
  970  certified under s. 1012.56 and employed in an educator
  971  certificated position in any public school, charter school or
  972  governing board thereof, or private school that accepts
  973  scholarship students who participate in a state scholarship
  974  program under chapter 1002, the school shall file in writing
  975  with the department a legally sufficient complaint within 30
  976  days after the date on which the subject matter of the complaint
  977  came to the attention of the school, regardless of whether the
  978  subject of the allegations is still an employee of the school. A
  979  complaint is legally sufficient if it contains ultimate facts
  980  that show a violation has occurred as provided in s. 1012.795
  981  and defined by rule of the State Board of Education. The school
  982  shall include all known information relating to the complaint
  983  with the filing of the complaint. This paragraph does not limit
  984  or restrict the power and duty of the department to investigate
  985  complaints, regardless of the school’s untimely filing, or
  986  failure to file, complaints and followup reports. A school
  987  described in this paragraph shall immediately notify the
  988  department if the subject of a legally sufficient complaint of
  989  misconduct affecting the health, safety, or welfare of a student
  990  resigns or is terminated before the conclusion of the school’s
  991  investigation. Upon receipt of the notification, the department
  992  shall place an alert on the person’s certification file
  993  indicating that he or she resigned or was terminated before an
  994  investigation involving allegations of misconduct affecting the
  995  health, safety, or welfare of a student was concluded and place
  996  the person on the disqualification list maintained by the
  997  department pursuant to s. 1001.10(4)(b). In such circumstances,
  998  the database may not include specific information relating to
  999  the alleged misconduct until permitted by subsection (4).
 1000         (5) When an allegation of misconduct by instructional
 1001  personnel or school administrators, as defined in s. 1012.01, is
 1002  received, if the alleged misconduct affects the health, safety,
 1003  or welfare of a student, the district school superintendent in
 1004  consultation with the school principal, or upon the request of
 1005  the Commissioner of Education, must, at a minimum, immediately
 1006  suspend the instructional personnel or school administrators
 1007  from regularly assigned duties, with pay, and remove reassign
 1008  the suspended personnel or administrators from to positions that
 1009  may do not require direct contact with students in the district
 1010  school system. Such suspension shall continue until submission
 1011  of a legally sufficient complaint. The proceedings and
 1012  determination of sanctions shall be completed by a school
 1013  district within 1 year after submission of the legally
 1014  sufficient complaint the completion of the proceedings and the
 1015  determination of sanctions, if any, pursuant to this section and
 1016  s. 1012.795.
 1017         (7) A panel of the commission shall enter a final order
 1018  either dismissing the complaint or imposing one or more of the
 1019  following penalties:
 1020         (i)Direct the department to place instructional personnel
 1021  or school administrators on the disqualification list maintained
 1022  by the department pursuant to s. 1001.10(4)(b) for conduct that
 1023  would render the person ineligible pursuant to s. 1012.315 or
 1024  sexual misconduct with a student.
 1025  
 1026  The penalties imposed under this subsection are in addition to,
 1027  and not in lieu of, the penalties required for a third
 1028  recruiting offense pursuant to s. 1006.20(2)(b).
 1029         (10)A person on the disqualification list maintained by
 1030  the department pursuant to s. 1001.10(4)(b) shall be notified
 1031  that he or she may not serve or apply to serve as an employee or
 1032  contracted personnel at a public school or private school that
 1033  participates in a state scholarship program under chapter 1002.
 1034  A person who knowingly violates this provision commits a felony
 1035  of the third degree, punishable as provided in s. 775.082 or s.
 1036  775.083.
 1037         Section 12. Section 1012.797, Florida Statutes, is amended
 1038  to read:
 1039         1012.797 Notification of district school superintendent of
 1040  certain charges against or convictions of employees.—
 1041         (1) Notwithstanding the provisions of s. 985.04(7) or any
 1042  other provision of law to the contrary, a law enforcement agency
 1043  shall, within 48 hours, notify the appropriate district school
 1044  superintendent, charter school governing board, private school
 1045  owner or administrator, president of the Florida School for the
 1046  Deaf and the Blind, or university lab schools director or
 1047  principal, as applicable, when its of the name and address of
 1048  any employee of the school district who is arrested for charged
 1049  with a felony or with a misdemeanor involving the abuse of a
 1050  minor child or the sale or possession of a controlled substance.
 1051  The notification shall include the specific charge for which the
 1052  employee of the school district was arrested. Notwithstanding
 1053  ss. 1012.31(3)(a)1. and 1012.796(4), within 24 hours after such
 1054  notification, the school principal or designee shall notify
 1055  parents of enrolled students who had direct contact with the
 1056  employee and include, at a minimum, the name and specific
 1057  charges against the employee. Such notification shall include
 1058  other education providers such as the Florida School for the
 1059  Deaf and the Blind, university lab schools, and private
 1060  elementary and secondary schools.
 1061         (2)Except to the extent necessary to protect the health,
 1062  safety, and welfare of other students, the information obtained
 1063  by the district school superintendent pursuant to this section
 1064  may be released only to appropriate school personnel or as
 1065  otherwise provided by law.
 1066         Section 13. This act shall take effect July 1, 2021.