FL
Florida House Bill H1203

Florida 2022 Regular Session

Florida House Bill H1203 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to education; amending s. 435.02, 2
16-F.S.; revising the definition of the term "specified 3
17-agency"; amending s. 435.12, F.S.; requiring certain 4
18-employees to submit to rescreening on a specified 5
19-schedule; amending 800.101, F.S.; providing crimin al 6
20-penalties for certain actions related to specified 7
21-reports; amending ss. 943.0585 and 943.059, F.S.; 8
22-prohibiting certain persons from denying criminal 9
23-history records that have been expunged or sealed; 10
24-amending s. 1001.4205, F.S.; authorizing members of 11
25-the Legislature to visit any public school in the 12
26-legislative district of the member; providing 13
27-requirements for such visits; amending s. 1002.421, 14
28-F.S.; revising background screening requirements for 15
29-certain private schools; amending s. 1004.04, F.S.; 16
30-revising teacher preparation program core curricula 17
31-requirements; revising criteria for continued program 18
32-approval; authorizing the State Board of Education to 19
33-adopt rules that include certain criteria and 20
34-authorize continued program approval; requiring the 21
35-State Board of Education to adopt rules that establish 22
36-certain continued program approval criteria; revising 23
37-specified requirements relating to field experiences; 24
38-amending s. 1004.85, F.S.; revising teacher 25
15+An act relating to education; amending 800.101, F.S.; 2
16+providing criminal penalties for certain actions 3
17+related to specified reports; amending s. 1004.04, 4
18+F.S.; revising teacher preparation program core 5
19+curricula requirements; revising criteria for 6
20+continued program approval; authorizing the State 7
21+Board of Education to adopt rules that include certain 8
22+criteria and authorize continued program approval; 9
23+requiring the State Board of Education to adopt rules 10
24+that establish certain continued program approval 11
25+criteria; revising specified requirements relating to 12
26+field experiences; amending s. 1004.85, F.S.; revising 13
27+teacher preparation program core curricula 14
28+requirements; requiring certain program candidates to 15
29+complete a minimum period of field experience, as 16
30+determined by the State Board of Education; revising 17
31+criteria for continued program approval; authorizing 18
32+the State Board of Education to adopt rules that 19
33+include certain criteria and authorize continued 20
34+program approval; requiring the State Board of 21
35+Education to adopt rules that establish certain 22
36+continued program approval criteria; amending s. 23
37+1012.32, F.S.; requiring employing entities that 24
38+employ certain instructional and noninstructional 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-preparation program core curricula requirements; 26
52-requiring certain program candidates to complete a 27
53-minimum period of field experience, as determined by 28
54-the State Board of Education; revising criteria for 29
55-continued program approval; authorizing the State 30
56-Board of Education to adopt rules that include cer tain 31
57-criteria and authorize continued program approval; 32
58-requiring the State Board of Education to adopt rules 33
59-that establish certain continued program approval 34
60-criteria; amending s. 1012.22, F.S.; requiring certain 35
61-compensation to be included in calculatin g certain 36
62-salary adjustments; amending s. 1012.315, F.S.; 37
63-revising screening requirements for specified 38
64-individuals; providing applicability; amending s. 39
65-1012.32, F.S.; revising the procedure for background 40
66-screenings; deleting the right to appeal certain 41
67-terminations; revising provisions specifying financial 42
68-responsibility and reimbursement for background 43
69-screenings; amending s. 1012.34, F.S.; providing that 44
70-certain procedures relating to a school district's 45
71-instructional, administrative, and supervisory 46
72-personnel set the standards of service to be offered 47
73-to the public and are not subject to collective 48
74-bargaining; amending s. 1012.465, F.S.; conforming 49
75-provisions to changes made by the act; amending s. 50
51+personnel to submit such personnel's fingerprints to 26
52+the Department of Law Enforcement; conforming 27
53+provisions to changes made by the act; revising 28
54+requirements for background screening; providing that 29
55+an employing entity has the sole authority for 30
56+determining a person's employment eligibility; 31
57+providing an exception; deleti ng provisions 32
58+authorizing certain persons to appeal specified 33
59+terminations; requiring the Department of Law 34
60+Enforcement to report the results from background 35
61+screenings to the employing entity; defining the term 36
62+"employing entity"; amending s. 1012.321, F. S.; 37
63+revising an exception for specified individuals from 38
64+certain background rescreening requirements; amending 39
65+s. 1012.34, F.S.; providing that certain procedures 40
66+relating to a school district's instructional, 41
67+administrative, and supervisory personnel set the 42
68+standards of service to be offered to the public and 43
69+are not subject to collective bargaining; providing 44
70+effective dates. 45
71+ 46
72+Be It Enacted by the Legislature of the State of Florida: 47
73+ 48
74+ Section 1. Subsection (5) is added to section 800.101, 49
75+Florida Statutes, to read: 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-1012.467, F.S.; repealing certain reciprocity 51
89-provisions on a specified date; amending s. 1012.56, 52
90-F.S.; prohibiting certain persons from having 53
91-specified responsibilities before the results of a 54
92-background screening are available; requiring certain 55
93-provisions to be implemented by a certain date; 56
94-providing an exception; providing effective dates. 57
95- 58
96-Be It Enacted by the Legislature of the State of Florida: 59
97- 60
98- Section 1. Subsection (5) of section 435.02, Florida 61
99-Statutes, is amended to read: 62
100- 435.02 Definitions. —For the purposes of this chapter, the 63
101-term: 64
102- (5) "Specified agency" means the Department of Health, the 65
103-Department of Children and Families, the Division of Vocational 66
104-Rehabilitation within the Department of Education, the Agency 67
105-for Health Care Administration, the Department of Elderly 68
106-Affairs, the Department of Juvenile Justice, the Agency for 69
107-Persons with Disabilities, the Department of Education, each 70
108-district unit under s. 1001.30, special district units under s. 71
109-1011.24, the Florida School for the Deaf and the Blind under s. 72
110-1002.36, the Florida Virtual School under s. 1002.37, virtual 73
111-instruction programs under s. 1002.45, charter schools under s. 74
112-1002.33, hope operators under s. 1002.333, private schools 75
88+ 800.101 Offenses against students by authority figures. — 51
89+ (5)(a) Any person who is required to make a report 52
90+regarding an incident of sexual misconduct with a student that 53
91+could impact an educator's inclusion on the disqualification 54
92+list maintained by the Department of Education pursuant to s. 55
93+1001.10(4)(b), and who knowingly or willfully fails to do so, or 56
94+who knowingly or willfully prevents another person from doing 57
95+so, commits a misdemeanor of the first degree, punishable as 58
96+provided in s. 775.082 or s. 775.083. 59
97+ (b) Any person who knowingly or willfully submits 60
98+inaccurate, incomplete, or untruthful information with respect 61
99+to a report regarding an incident of sexual misconduct with a 62
100+student that could impact an educator's inclus ion on the 63
101+disqualification list maintained by the Department of Education 64
102+pursuant to s. 1001.10(4)(b) commits a misdemeanor of the first 65
103+degree, punishable as provided in s. 775.082 or s. 775.083. 66
104+ (c) Any person who knowingly or willfully coerces or 67
105+threatens any other person with the intent to alter testimony or 68
106+a written report regarding an incident of sexual misconduct with 69
107+a student that could impact an educator's inclusion on the 70
108+disqualification list maintained by the Department of Education 71
109+pursuant to s. 1001.10(4)(b) commits a misdemeanor of the first 72
110+degree, punishable as provided in s. 775.082 or s. 775.083. 73
111+ Section 2. Paragraph (b) of subsection (2), paragraphs (a) 74
112+and (b) of subsection (4), and paragraph (c) of subsection (5) 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-participating in an educational scholarship program under s. 76
126-1002.421, alternative school s under s. 1008.341, regional 77
127-workforce boards providing services as defined in s. 445.002(3), 78
128-and local licensing agencies approved pursuant to s. 402.307, 79
129-when these agencies are conducting state and national criminal 80
130-history background screening on pers ons who work with children 81
131-or persons who are elderly or disabled. 82
132- Section 2. Subsection (3) of section 435.12, Florida 83
133-Statutes, is amended to read: 84
134- 435.12 Care Provider Background Screening Clearinghouse. — 85
135- (3)(a) Employees of each district unit u nder s. 1001.30, 86
136-special district units under s. 1011.24, the Florida School for 87
137-the Deaf and the Blind under s. 1002.36, the Florida Virtual 88
138-School under s. 1002.37, virtual instruction programs under s. 89
139-1002.45, charter schools under s. 1002.33, hope ope rators under 90
140-s. 1002.333, private schools participating in an educational 91
141-scholarship program under s. 1002.421, and alternative schools 92
142-under s. 1008.341 must be rescreened in compliance with the 93
143-following schedule: 94
144- 1. Employees for whom the last screen ing was conducted on 95
145-or before June 30, 2019, must be rescreened by June 30, 2024. 96
146- 2. Employees for whom the last screening was conducted 97
147-between July 1, 2019, and June 30, 2021, must be rescreened by 98
148-June 30, 2025. 99
149- 3. Employees for whom the last scree ning was conducted 100
125+of section 1004.04, Florida Statutes, are amended to read: 76
126+ 1004.04 Public accountability and state approval for 77
127+teacher preparation programs. — 78
128+ (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT. — 79
129+ (b) The rules to establish uniform core curricula for each 80
130+state-approved teacher preparation program must include, but are 81
131+not limited to, the following: 82
132+ 1. Candidate instruction and assessment in the Florida 83
133+Educator Accomplished Practices across content areas. 84
134+ 2. The use of state -adopted content standards to gui de 85
135+curricula and instruction. 86
136+ 3. Scientifically researched and evidence -based reading 87
137+instructional strategies that improve reading performance for 88
138+all students, including explicit, systematic, and sequential 89
139+approaches to teaching phonemic awareness, ph onics, vocabulary, 90
140+fluency, and text comprehension and multisensory intervention 91
141+strategies. 92
142+ 4. Content literacy and mathematics practices. 93
143+ 5. Strategies appropriate for the instruction of English 94
144+language learners. 95
145+ 6. Strategies appropriate for the instruction of students 96
146+with disabilities. 97
147+ 7. Strategies to differentiate instruction based on 98
148+student needs. 99
149+ 8. Strategies and practices to support evidence -based 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-between July 1, 2021, and December 31, 2022, must be rescreened 101
163-by June 30, 2026. 102
164- (b) A person is not required to be rescreened before 103
165-January 1, 2023, solely for the purpose of retention under this 104
166-section if the person was screened b efore participation by the 105
167-specified agencies named in paragraph (a) in the clearinghouse. 106
168- (3) An employee who has undergone a fingerprint -based 107
169-criminal history check by a specified agency before the 108
170-clearinghouse is operational is not required to be ch ecked again 109
171-solely for the purpose of entry in the clearinghouse. Every 110
172-employee who is or will become subject to fingerprint -based 111
173-criminal history checks to be eligible to be licensed, have 112
174-their license renewed, or meet screening or rescreening 113
175-requirements by a specified agency once the specified agency 114
176-participates in the clearinghouse shall be subject to the 115
177-requirements of this section with respect to entry of records in 116
178-the clearinghouse and retention of fingerprints for reporting 117
179-the results of searching against state incoming arrest 118
180-fingerprint submissions. 119
181- Section 3. Effective October 1, 2022, subsections (3) and 120
182-(4) of section 800.101, Florida Statutes, are amended, and 121
183-subsection (5) is added to that section, to read: 122
184- 800.101 Offenses agai nst students by authority figures. — 123
185- (3) A person who violates subsection (2) this section 124
186-commits a felony of the second degree, punishable as provided in 125
162+content aligned to state standards and grading practices The use 101
163+of character-based classroom management. 102
164+ 9. Strategies appropriate for the early identification of 103
165+a student in crisis or experiencing a mental health challenge 104
166+and the referral of such student to a mental health professional 105
167+for support. 106
168+ 10. Strategies to support the use of technology in 107
169+education and distance learning. 108
170+ (4) CONTINUED PROGRAM APPROVAL. —Continued approval of a 109
171+teacher preparation program shall be based upon evidence that 110
172+the program continues to implement the requirements for initial 111
173+approval and upon signif icant, objective, and quantifiable 112
174+measures of the program and the performance of the program 113
175+completers. 114
176+ (a) The criteria for continued approval must include each 115
177+of the following: 116
178+ 1. Candidate readiness based on passage rates on educator 117
179+certification examinations under s. 1012.56, as applicable 118
180+Documentation from the program that each program candidate met 119
181+the admission requirements provided in subsection (3) . 120
182+ 2. Documentation from the program that the program and 121
183+each program completer have met th e requirements provided in 122
184+subsection (2). 123
185+ 2.3. Evidence of performance in each of the following 124
186+areas: 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-s. 775.082, s. 775.083, or s. 775.084. 126
200- (4) Subsection (2) This section does not apply to conduct 127
201-constituting an offense that is subject to reclassification 128
202-under s. 775.0862. 129
203- (5)(a) A person who is required to report a violation of 130
204-subsection (2) and who knowingly or willfully fails to do so, or 131
205-who knowingly or willfully prevents another person from doing 132
206-so, commits a misdemeanor of the first degree, punishable as 133
207-provided in s. 775.082 or s. 775.083. 134
208- (b) A person who knowingly or willfully submits false, 135
209-inaccurate, or incomplete information while reporting a 136
210-violation of subsection (2) commits a misdemeanor of the first 137
211-degree, punishable as provided in s. 775.082 or s. 775.083. 138
212- (c) A person who knowingly or willfully coerces or 139
213-threatens another person with the intent to alter his or her 140
214-testimony or written repor t regarding a violation of subsection 141
215-(2) commits a misdemeanor of the first degree, punishable as 142
216-provided in s. 775.082 or s. 775.083. 143
217- Section 4. Paragraph (b) of subsection (6) of section 144
218-943.0585, Florida Statutes, is amended to read: 145
219- 943.0585 Court-ordered expunction of criminal history 146
220-records.— 147
221- (6) EFFECT OF EXPUNCTION ORDER. — 148
222- (b) The person who is the subject of a criminal history 149
223-record that is expunged under this section or under other 150
199+ a. Placement rate of program completers into instructional 126
200+positions in Florida public schools and private schools, if 127
201+available. 128
202+ b. Rate of retention for employed program completers in 129
203+instructional positions in Florida public schools. 130
204+ a.c. Performance of students in prekindergarten through 131
205+grade 12 who are assigned to in -field program completers on 132
206+statewide assessments using the results of the student learning 133
207+growth formula adopted under s. 1012.34. 134
208+ d. Performance of students in prekindergarten through 135
209+grade 12 who are assigned to in -field program completers 136
210+aggregated by student subgroup, as defined in the federal 137
211+Elementary and Secondary Ed ucation Act (ESEA), 20 U.S.C. s. 138
212+6311(b)(2)(C)(v)(II), as a measure of how well the program 139
213+prepares teachers to work with a diverse population of students 140
214+in a variety of settings in Florida public schools. 141
215+ b.e. Results of program completers' annual eva luations in 142
216+accordance with the timeline as set forth in s. 1012.34. 143
217+ c.f. Workforce contributions, including placement of 144
218+program completers in instructional positions in Florida public 145
219+and private schools, with additional weight given to production 146
220+of program completers in statewide critical teacher shortage 147
221+areas as identified in s. 1012.07. 148
222+ 3.4. Results of the program completers' survey measuring 149
223+their satisfaction with preparation for the realities of the 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-provisions of law, including former ss. 893.14, 901. 33, and 151
237-943.058, may lawfully deny or fail to acknowledge the arrests 152
238-covered by the expunged record, except when the subject of the 153
239-record: 154
240- 1. Is a candidate for employment with a criminal justice 155
241-agency; 156
242- 2. Is a defendant in a criminal prosecution; 157
243- 3. Concurrently or subsequently petitions for relief under 158
244-this section, s. 943.0583, or s. 943.059; 159
245- 4. Is a candidate for admission to The Florida Bar; 160
246- 5. Is seeking to be employed or licensed by or to contract 161
247-with the Department of Children and Fam ilies, the Division of 162
248-Vocational Rehabilitation within the Department of Education, 163
249-the Agency for Health Care Administration, the Agency for 164
250-Persons with Disabilities, the Department of Health, the 165
251-Department of Elderly Affairs, or the Department of Juve nile 166
252-Justice or to be employed or used by such contractor or licensee 167
253-in a sensitive position having direct contact with children, the 168
254-disabled, or the elderly; 169
255- 6.a. Is seeking to be employed or licensed by , or contract 170
256-with, the Department of Education, any district unit under s. 171
257-1001.30, any special district unit under s. 1011.24, the Florida 172
258-School for the Deaf and the Blind under s. 1002.36, the Florida 173
259-Virtual School under s. 1002.37, any virtual instruction program 174
260-under s. 1002.45 school board, any university laboratory school, 175
236+classroom. 151
237+ 4.5. Results of the employers' survey measuring 152
238+satisfaction with the program and the program's responsiveness 153
239+to local school districts. 154
240+ (b) The State Board of Education shall adopt rules for 155
241+continued approval of teacher preparation programs which include 156
242+the program review process, the continued approval timelines, 157
243+and the performance level targets for each of the continued 158
244+approval criteria in paragraph (a). Additional criteria may be 159
245+approved by the State Board of Education. The Commissioner of 160
246+Education shall determine the contin ued approval of each program 161
247+based on the data collected pursuant to this section and the 162
248+rules of the State Board of Education , which may include 163
249+weighted criteria and may authorize continued program approval 164
250+based on a review conducted by a nationally re cognized 165
251+accrediting entity. The rules must establish criteria, based on 166
252+program size, for determining whether a program review is 167
253+necessary, whether program quality should be aggregated and 168
254+measured at the provider or institution level, and whether 169
255+program reviews may be validly conducted on a remote basis . 170
256+ (5) PRESERVICE FIELD EXPERIENCE. —All postsecondary 171
257+instructors, school district personnel and instructional 172
258+personnel, and school sites preparing instructional personnel 173
259+through preservice field exper ience courses and internships 174
260+shall meet special requirements. District school boards may pay 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-any charter school under s. 1002.33, any hope operator under s. 176
274-1002.333, any alternative school under s. 1008.341 school, any 177
275-private or parochial school, or any local governmental entity 178
276-that licenses child care facilities ; 179
277- b. Is seeking to be employed or used by a contractor or 180
278-licensee under sub-subparagraph a.; or 181
279- c. Is a person screened under s. 1012.467 ; 182
280- 7. Is seeking to be licensed by the Division of Insurance 183
281-Agent and Agency Services within the Department of Fi nancial 184
282-Services; or 185
283- 8. Is seeking to be appointed as a guardian pursuant to s. 186
284-744.3125. 187
285- Section 5. Paragraph (b) of subsection (6) of section 188
286-943.059, Florida Statutes, is amended to read: 189
287- 943.059 Court-ordered sealing of criminal history 190
288-records.— 191
289- (6) EFFECT OF ORDER. — 192
290- (b) The subject of the criminal history record sealed 193
291-under this section or under other provisions of law, including 194
292-former ss. 893.14, 901.33, and 943.058, may lawfully deny or 195
293-fail to acknowledge the arrests covered by the se aled record, 196
294-except when the subject of the record: 197
295- 1. Is a candidate for employment with a criminal justice 198
296-agency; 199
297- 2. Is a defendant in a criminal prosecution; 200
273+student teachers during their internships. 176
274+ (c) Preservice field experience must fully prepare a 177
275+candidate to manage a classroom by requiring the candidate to 178
276+practice and demonstrate the uniform core curricula specific to 179
277+the candidate's area or areas of program concentration with a 180
278+diverse population of students in a variety of challenging 181
279+environments, including, but not limited to, high -poverty 182
280+schools, urban schools, and rural schools. Beginning with 183
281+candidates entering a program in the 2023 -2024 school year, a 184
282+minimum of 60 hours of preservice The length of structured field 185
283+experience must be completed before the culminating field 186
284+experience, which must inclu de a minimum of 12 weeks of student 187
285+teaching experiences may be extended to ensure that candidates 188
286+achieve the competencies needed to meet certification 189
287+requirements. 190
288+ Section 3. Paragraph (a) of subsection (3) and subsections 191
289+(4), (5), and (8) of secti on 1004.85, Florida Statutes, are 192
290+amended to read: 193
291+ 1004.85 Postsecondary educator preparation institutes. — 194
292+ (3) Educator preparation institutes approved pursuant to 195
293+this section may offer competency -based certification programs 196
294+specifically designed for noneducation major baccalaureate 197
295+degree holders to enable program participants to meet the 198
296+educator certification requirements of s. 1012.56. An educator 199
297+preparation institute choosing to offer a competency -based 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310- 3. Concurrently or subsequently petitions for relief under 201
311-this section, s. 943.0583, or s. 943.0585; 202
312- 4. Is a candidate for admission to The Florida Bar; 203
313- 5. Is seeking to be employed or licensed by or to contract 204
314-with the Department of Children and Families, the Division of 205
315-Vocational Rehabilitation within the Department of Education, 206
316-the Agency for Health Care Administration, the Agency for 207
317-Persons with Disabilities, the Department of Health, the 208
318-Department of Elderly Affairs, or the Department of Juvenile 209
319-Justice or to be employed or used by such contractor or licensee 210
320-in a sensitive position having direct contact with children, the 211
321-disabled, or the elderly; 212
322- 6.a. Is seeking to be employed or licensed by , or contract 213
323-with, the Department of Education, a district unit under s. 214
324-1001.30, a special district unit under s. 1011.24, the Florida 215
325-School for the Deaf and the Blind under s. 1002.36, the Florida 216
326-Virtual School under s. 1002.37, a virtual instruction program 217
327-under s. 1002.45 school board, a university laboratory school, a 218
328-charter school under s. 1002.33, a hope operator under s. 219
329-1002.333, an alternative school under s. 1008.341, a private or 220
330-parochial school, or a local governmental entity that licenses 221
331-child care facilities; 222
332- b. Is seeking to be employed or used by a contractor or 223
333-licensee under sub-subparagraph a.; or 224
334- c. Is a person screened under s. 1012.467; 225
310+certification program pursuant to the prov isions of this section 201
311+must implement a program previously approved by the Department 202
312+of Education for this purpose or a program developed by the 203
313+institute and approved by the department for this purpose. 204
314+Approved programs shall be available for use by oth er approved 205
315+educator preparation institutes. 206
316+ (a) Within 90 days after receipt of a request for 207
317+approval, the Department of Education shall approve a 208
318+preparation program pursuant to the requirements of this 209
319+subsection or issue a statement of the deficienc ies in the 210
320+request for approval. The department shall approve a 211
321+certification program if the institute provides evidence of the 212
322+institute's capacity to implement a competency -based program 213
323+that includes each of the following: 214
324+ 1.a. Participant instruction and assessment in the Florida 215
325+Educator Accomplished Practices across content areas. 216
326+ b. The use of state -adopted student content standards to 217
327+guide curriculum and instruction. 218
328+ c. Scientifically researched and evidence -based reading 219
329+instructional strategies that improve reading performance for 220
330+all students, including explicit, systematic, and sequential 221
331+approaches to teaching phonemic awareness, phonics, vocabulary, 222
332+fluency, and text comprehension and multisensory intervention 223
333+strategies. 224
334+ d. Content literacy and mathematical practices. 225
335335
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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346346
347- 7. Is attempting to purchase a firearm from a licensed 226
348-importer, licensed manufacturer, or licensed dealer and is 227
349-subject to a criminal history check under state or federal law; 228
350- 8. Is seeking to be licensed by the Div ision of Insurance 229
351-Agent and Agency Services within the Department of Financial 230
352-Services; 231
353- 9. Is seeking to be appointed as a guardian pursuant to s. 232
354-744.3125; or 233
355- 10. Is seeking to be licensed by the Bureau of License 234
356-Issuance of the Division of Licensi ng within the Department of 235
357-Agriculture and Consumer Services to carry a concealed weapon or 236
358-concealed firearm. This subparagraph applies only in the 237
359-determination of an applicant's eligibility under s. 790.06. 238
360- Section 6. Effective July 1, 2022, sectio n 1001.4205, 239
361-Florida Statutes, is amended to read: 240
362- 1001.4205 Individuals authorized to visit schools 241
363-Visitation of schools by an individual school board or charter 242
364-school governing board member .—An individual member of a 243
365-district school board may, on any day and at any time at his or 244
366-her pleasure, visit any district school in his or her school 245
367-district. An individual charter school governing board member 246
368-may, on any day and at any time at his or her pleasure, visit 247
369-any charter school governed by the charter school's governing 248
370-board. A member of the Legislature may visit any public school 249
371-in the legislative district of the member. An individual 250
347+ e. Strategies appropriate for instruction of English 226
348+language learners. 227
349+ f. Strategies appropriate for instruction of students with 228
350+disabilities. 229
351+ g. Strategies to differentiate instruction based on 230
352+student needs. 231
353+ h. Strategies and practices to support evidence -based 232
354+content aligned to state standards and grading practices The use 233
355+of character-based classroom management . 234
356+ i. Strategies appropriate for the early identification of 235
357+a student in crisis or experien cing a mental health challenge 236
358+and the referral of such student to a mental health professional 237
359+for support. 238
360+ j. Strategies to support the use of technology in 239
361+education and distance learning. 240
362+ 2. An educational plan for each participant to meet 241
363+certification requirements and demonstrate his or her ability to 242
364+teach the subject area for which the participant is seeking 243
365+certification, which is based on an assessment of his or her 244
366+competency in the areas listed in subparagraph 1. 245
367+ 3. Field experiences appro priate to the certification 246
368+subject area specified in the educational plan with a diverse 247
369+population of students in a variety of challenging environments, 248
370+including, but not limited to, high -poverty schools, urban 249
371+schools, and rural schools, under the supe rvision of qualified 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-visiting a school pursuant to this section The board member must 251
385-sign in and sign out at the school's main office and wear his or 252
386-her board identification badge at all times while present on 253
387-school premises. The board, the school, or any other person or 254
388-entity, including, but not limited to, the principal of the 255
389-school, the school superintendent, or any other board member, 256
390-may not require an individual visiting the school pursuant to 257
391-this section the visiting board member to provide notice before 258
392-visiting the school. The school may offer, but may not require, 259
393-an escort to accompany an individual visiting the school 260
394-pursuant to this section a visiting board member during the 261
395-visit. Another board member or a district employee, including, 262
396-but not limited to, the superintendent, the school principal, or 263
397-his or her designee, may not limit the duration or scope of the 264
398-visit or direct an individual visiting the school pursuant to 265
399-this section a visiting board member to leave the premises. A 266
400-board, district, or school administrative policy or practice may 267
401-not prohibit or limit the authority granted to an individual a 268
402-board member under this section. 269
403- Section 7. Paragraph (e) of subsection (1) of section 270
404-1002.421, Florida Statutes, is amended to read: 271
405- 1002.421 State school choice scholarship program 272
406-accountability and oversight.— 273
407- (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 274
408-school participating in an educational scholarship program 275
384+educators. Beginning with candidates entering a program in the 251
385+2023-2024 school year, a minimum period of field experience, as 252
386+determined in state board rule, must be completed before serving 253
387+as the teacher of record. 254
388+ 4. A certification ombudsman to facilitate the process and 255
389+procedures required for participants who complete the program to 256
390+meet any requirements related to the background screening 257
391+pursuant to s. 1012.32 and educator professional or temporary 258
392+certification pursuant to s. 1012.56. 259
393+ (4) Continued approval of each program approved pursuant 260
394+to this section shall be determined by the Commissioner of 261
395+Education based upon a periodic review of the following areas: 262
396+ (a) Candidate readiness based on passage rates on educator 263
397+certification examinations under s. 1012.56, as applicable 264
398+Documentation from the program that each program completer has 265
399+met the requirements of paragraphs (3)(a) -(c). 266
400+ (b) Evidence of performance in each of the following 267
401+areas: 268
402+ 1. Placement rate of prog ram completers into instructional 269
403+positions in Florida public schools and private schools, if 270
404+available. 271
405+ 2. Rate of retention for employed program completers in 272
406+instructional positions in Florida public schools. 273
407+ 1.3. Performance of students in prekinde rgarten through 274
408+grade 12 who are assigned to in -field program completers on 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421-established pursuant to this chapter must be a private school as 276
422-defined in s. 1002.01(2) in this state, be registered, an d be in 277
423-compliance with all requirements of this section in addition to 278
424-private school requirements outlined in s. 1002.42, specific 279
425-requirements identified within respective scholarship program 280
426-laws, and other provisions of Florida law that apply to priva te 281
427-schools, and must: 282
428- (e) Annually complete and submit to the department a 283
429-notarized scholarship compliance statement certifying that all 284
430-school employees and contracted personnel with direct student 285
431-contact have undergone background screening pursuant t o s. 286
432-435.12 s. 943.0542 and have met the screening standards as 287
433-provided in s. 435.04. 288
434- 289
435-The department shall suspend the payment of funds to a private 290
436-school that knowingly fails to comply with this subsection, and 291
437-shall prohibit the school from enrolling new scholarship 292
438-students, for 1 fiscal year and until the school complies. If a 293
439-private school fails to meet the requirements of this subsection 294
440-or has consecutive years of material exceptions listed in the 295
441-report required under paragraph (q), the commissi oner may 296
442-determine that the private school is ineligible to participate 297
443-in a scholarship program. 298
444- Section 8. Effective July 1, 2022, paragraph (b) of 299
445-subsection (2), paragraphs (a) and (b) of subsection (4), and 300
421+statewide assessments using the results of the student learning 276
422+growth formula adopted under s. 1012.34. 277
423+ 4. Performance of students in prekindergarten through 278
424+grade 12 who are assigned to in-field program completers 279
425+aggregated by student subgroups, as defined in the federal 280
426+Elementary and Secondary Education Act (ESEA), 20 U.S.C. s. 281
427+6311(b)(2)(C)(v)(II), as a measure of how well the program 282
428+prepares teachers to work with a diverse population of students 283
429+in a variety of settings in Florida public schools. 284
430+ 2.5. Results of program completers' annual evaluations in 285
431+accordance with the timeline as set forth in s. 1012.34. 286
432+ 3.6. Production of program completers in statewide 287
433+critical teacher shortage areas as identified in s. 1012.07. 288
434+ (5) Each institute approved pursuant to this section shall 289
435+submit to the Department of Education annual performance 290
436+evaluations that measure the effectiveness of the programs, 291
437+including the pass rates of participants on all examinations 292
438+required for teacher certification, employment rates, 293
439+longitudinal retention rates, and satisfaction surveys of 294
440+employers and program completers candidates. The satisfaction 295
441+surveys must be designed to measure the sufficient preparation 296
442+of the educator for the realities of the classroom and the 297
443+institute's responsiveness to local school districts. These 298
444+evaluations shall be used by the Department of Education for 299
445+purposes of continued approval of an educator preparation 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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457457
458-paragraph (c) of subsection (5) of secti on 1004.04, Florida 301
459-Statutes, are amended to read: 302
460- 1004.04 Public accountability and state approval for 303
461-teacher preparation programs. — 304
462- (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT. — 305
463- (b) The rules to establish uniform core curricula for each 306
464-state-approved teacher preparation program must include, but are 307
465-not limited to, the following: 308
466- 1. Candidate instruction and assessment in the Florida 309
467-Educator Accomplished Practices across content areas. 310
468- 2. The use of state -adopted content standards to guide 311
469-curricula and instruction. 312
470- 3. Scientifically researched and evidence -based reading 313
471-instructional strategies that improve reading performance for 314
472-all students, including explicit, systematic, and sequential 315
473-approaches to teaching phonemic awareness, phonics, vocabulary, 316
474-fluency, and text comprehension and multisensory intervention 317
475-strategies. 318
476- 4. Content literacy and mathematics practices. 319
477- 5. Strategies appropriate for the instruction of English 320
478-language learners. 321
479- 6. Strategies appropriate for t he instruction of students 322
480-with disabilities. 323
481- 7. Strategies to differentiate instruction based on 324
482-student needs. 325
458+institute's certification program. 301
459+ (8) The State Board of Education shall may adopt rules 302
460+pursuant to ss. 120.536(1) and 120.54 to implement the 303
461+provisions of this section, which may include weighted criteria 304
462+and may authorize continued program approval based on a review 305
463+conducted by a nationally recognized accrediting entity. The 306
464+rules must establish criteria, based on program size, for 307
465+determining whether a program review is necessary, whether 308
466+program quality should be aggregated and measured at the 309
467+provider or institution level, and whether program reviews may 310
468+be validly conducted on a remote basis including performance 311
469+targets for the measures used for continued program approval 312
470+described in subsection (4). 313
471+ Section 4. Subsection (2) and paragraph (b) of subsection 314
472+(3) of section 1012.32, Florida Statutes, are amended, and 315
473+subsection (4) is added to that section, to read: 316
474+ 1012.32 Qualifications of personnel. — 317
475+ (2)(a) Instructional and noninstr uctional personnel who 318
476+are hired or contracted to fill positions that require direct 319
477+contact with students in any district school system or 320
478+university lab school must, upon employment or engagement to 321
479+provide services, undergo background screening as requi red under 322
480+s. 1012.465 or s. 1012.56, whichever is applicable. 323
481+ (b)1. Instructional and noninstructional personnel who are 324
482+hired or contracted to fill positions in a charter school other 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495- 8. Strategies and practices to support evidence -based 326
496-content aligned to state standards and grading practices The use 327
497-of character-based classroom management. 328
498- 9. Strategies appropriate for the early identification of 329
499-a student in crisis or experiencing a mental health challenge 330
500-and the referral of such student to a mental health professional 331
501-for support. 332
502- 10. Strategies to support the use of technology in 333
503-education and distance learning. 334
504- (4) CONTINUED PROGRAM APPROVAL. —Continued approval of a 335
505-teacher preparation program shall be based upon evidence that 336
506-the program continues to implement the requirements for initial 337
507-approval and upon sig nificant, objective, and quantifiable 338
508-measures of the program and the performance of the program 339
509-completers. 340
510- (a) The criteria for continued approval must include each 341
511-of the following: 342
512- 1. Candidate readiness based on passage rates on educator 343
513-certification examinations under s. 1012.56, as applicable 344
514-Documentation from the program that each program candidate met 345
515-the admission requirements provided in subsection (3) . 346
516- 2. Documentation from the program that the program and 347
517-each program completer have met the requirements provided in 348
518-subsection (2). 349
519- 2.3. Evidence of performance in each of the following 350
495+than a school of hope as defined in s. 1002.333, and members of 326
496+the governing board of such charter school, in compliance with 327
497+s. 1002.33(12)(g), upon employment, engagement of services, or 328
498+appointment, shall undergo background screening as required 329
499+under s. 1012.465 or s. 1012.56, whichever is applicable, by 330
500+filing with the employing entity district school board for the 331
501+school district in which the charter school is located a 332
502+complete set of fingerprints taken by an authorized law 333
503+enforcement agency or an employee of the school or school 334
504+district who is trained to take fing erprints. 335
505+ 2. Instructional and noninstructional personnel who are 336
506+hired or contracted to fill positions in a school of hope as 337
507+defined in s. 1002.333, and members of the governing board of 338
508+such school of hope, shall file with the school of hope a 339
509+complete set of fingerprints taken by an authorized law 340
510+enforcement agency, by an employee of the school of hope or 341
511+school district who is trained to take fingerprints, or by any 342
512+other entity recognized by the Department of Law Enforcement to 343
513+take fingerprints. 344
514+ (c) Instructional and noninstructional personnel who are 345
515+hired or contracted to fill positions that require direct 346
516+contact with students in an alternative school that operates 347
517+under contract with a district school system must, upon 348
518+employment or engagemen t to provide services, undergo background 349
519+screening as required under s. 1012.465 or s. 1012.56, whichever 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532-areas: 351
533- a. Placement rate of program completers into instructional 352
534-positions in Florida public schools and private schools, if 353
535-available. 354
536- b. Rate of retention for employed program completers in 355
537-instructional positions in Florida public schools. 356
538- a.c. Performance of students in prekindergarten through 357
539-grade 12 who are assigned to in -field program completers on 358
540-statewide assessments using the res ults of the student learning 359
541-growth formula adopted under s. 1012.34. 360
542- d. Performance of students in prekindergarten through 361
543-grade 12 who are assigned to in -field program completers 362
544-aggregated by student subgroup, as defined in the federal 363
545-Elementary and Secondary Education Act (ESEA), 20 U.S.C. s. 364
546-6311(b)(2)(C)(v)(II), as a measure of how well the program 365
547-prepares teachers to work with a diverse population of students 366
548-in a variety of settings in Florida public schools. 367
549- b.e. Results of program completers ' annual evaluations in 368
550-accordance with the timeline as set forth in s. 1012.34. 369
551- c.f. Workforce contributions, including placement of 370
552-program completers in instructional positions in Florida public 371
553-and private schools, with additional weight given to production 372
554-of program completers in statewide critical teacher shortage 373
555-areas as identified in s. 1012.07. 374
556- 3.4. Results of the program completers' survey measuring 375
532+is applicable, by filing with the alternative school district 351
533+school board for the school district to which the alternative 352
534+school is under contract a complete set of fingerprints taken by 353
535+an authorized law enforcement agency or an employee of the 354
536+school or school district who is trained to take fingerprints. 355
537+ (d) Student teachers and persons participating in a field 356
538+experience pursuant to s. 1004.04( 5) or s. 1004.85 in any 357
539+district school system, lab school, or charter school must, upon 358
540+engagement to provide services, undergo background screening as 359
541+required under s. 1012.56. 360
542+ 361
543+Required fingerprints must be submitted to the Department of Law 362
544+Enforcement for statewide criminal and juvenile records checks 363
545+and to the Federal Bureau of Investigation for federal criminal 364
546+records checks. A person subject to this subsection who is found 365
547+ineligible for employment under s. 1012.315, or otherwise found 366
548+through background screening to have been convicted of any crime 367
549+involving moral turpitude as defined by rule of the State Board 368
550+of Education, may shall not be employed, engaged to provide 369
551+services, or serve in any position that requires direct contact 370
552+with students. Except for a person's ineligibility for 371
553+employment as provided in this subsection, an employing entity 372
554+has the sole authority for determining a person's employment 373
555+eligibility. Probationary persons subject to this subsection 374
556+terminated because of their criminal record have the right to 375
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569-their satisfaction with preparation for the realities of the 376
570-classroom. 377
571- 4.5. Results of the employers' survey measuring 378
572-satisfaction with the program and the program's responsiveness 379
573-to local school districts. 380
574- (b) The State Board of Education shall adopt rules for 381
575-continued approval of teacher preparation programs which include 382
576-the program review process, the continued approval timelines, 383
577-and the performance level targets for each of the continued 384
578-approval criteria in paragraph (a). Additional criteria may be 385
579-approved by the State Board of Education. The Commissioner of 386
580-Education shall determin e the continued approval of each program 387
581-based on the data collected pursuant to this section and the 388
582-rules of the State Board of Education , which may include 389
583-weighted criteria and may authorize continued program approval 390
584-based on a review conducted by a n ationally recognized 391
585-accrediting entity. The rules must establish criteria, based on 392
586-program size, for determining whether a program review is 393
587-necessary, whether program quality should be aggregated and 394
588-measured at the provider or institution level, and wh ether 395
589-program reviews may be validly conducted on a remote basis . 396
590- (5) PRESERVICE FIELD EXPERIENCE. —All postsecondary 397
591-instructors, school district personnel and instructional 398
592-personnel, and school sites preparing instructional personnel 399
593-through preservice field experience courses and internships 400
569+appeal such decisions. The cost of the background screening may 376
570+be borne by the employing entity district school board, the 377
571+charter school, the empl oyee, the contractor, or a person 378
572+subject to this subsection. A district school board shall 379
573+reimburse a charter school the cost of background screening if 380
574+it does not notify the charter school of the eligibility of a 381
575+governing board member or instructional or noninstructional 382
576+personnel within the earlier of 14 days after receipt of the 383
577+background screening results from the Florida Department of Law 384
578+Enforcement or 30 days of submission of fingerprints by the 385
579+governing board member or instructional or noninst ructional 386
580+personnel. 387
581+ (3) 388
582+ (b) The Department of Law Enforcement shall search all 389
583+arrest fingerprints received under s. 943.051 against the 390
584+fingerprints retained in the statewide automated biometric 391
585+identification system under paragraph (a). Any arrest re cord 392
586+that is identified with the retained fingerprints of a person 393
587+subject to the background screening under this section must 394
588+shall be reported to the employing entity or contracting school 395
589+district or the school district with which the person is 396
590+affiliated. Each employing entity school district is required to 397
591+participate in this search process by payment of an annual fee 398
592+to the Department of Law Enforcement and by informing the 399
593+Department of Law Enforcement of any change in the affiliation, 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606-shall meet special requirements. District school boards may pay 401
607-student teachers during their internships. 402
608- (c) Preservice field experience must fully prepare a 403
609-candidate to manage a classroom by requiring the can didate to 404
610-practice and demonstrate the uniform core curricula specific to 405
611-the candidate's area or areas of program concentration with a 406
612-diverse population of students in a variety of challenging 407
613-environments, including, but not limited to, high -poverty 408
614-schools, urban schools, and rural schools. Beginning with 409
615-candidates entering a program in the 2023 -2024 school year, a 410
616-minimum of 60 hours of preservice The length of structured field 411
617-experience must be completed before the culminating field 412
618-experience, which must include a minimum of 12 weeks of student 413
619-teaching experiences may be extended to ensure that candidates 414
620-achieve the competencies needed to meet certification 415
621-requirements. 416
622- Section 9. Effective July 1, 2022, paragraph (a) of 417
623-subsection (3) and su bsections (4), (5), and (8) of section 418
624-1004.85, Florida Statutes, are amended to read: 419
625- 1004.85 Postsecondary educator preparation institutes. — 420
626- (3) Educator preparation institutes approved pursuant to 421
627-this section may offer competency -based certification programs 422
628-specifically designed for noneducation major baccalaureate 423
629-degree holders to enable program participants to meet the 424
630-educator certification requirements of s. 1012.56. An educator 425
606+employment, or contractual status or place of affiliation, 401
607+employment, or contracting of its instructional and 402
608+noninstructional personnel whose fingerprints are retained under 403
609+paragraph (a). The Department of Law Enforcement shall adopt a 404
610+rule setting the amount of the annual fee to be imposed upon 405
611+each employing entity school district for performing these 406
612+searches and establishing the procedures for the retention of 407
613+instructional and noninstructional personnel fingerprints and 408
614+the dissemination of search results. The fe e may be borne by the 409
615+employing entity district school board, the contractor, or the 410
616+person fingerprinted. 411
617+ (4) For purposes of this section, the term "employing 412
618+entity" means a district school board, charter school, 413
619+alternative school, or any other entit y that requires employees 414
620+to complete a background screening to maintain the safety and 415
621+well-being of students and the integrity of the system of public 416
622+education. 417
623+ Section 5. Effective July 1, 2023, section 1012.321, 418
624+Florida Statutes, is amended to rea d: 419
625+ 1012.321 Exceptions for certain individuals instructional 420
626+personnel from background screening requirements. —An individual 421
627+participating in a field experience pursuant to s. 1004.04(5) or 422
628+s. 1004.85 may Instructional personnel who are required to 423
629+undergo level 2 background screening under s. 393.0655 or s. 424
630+402.305 and who meet the level 2 screening standards in s. 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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643-preparation institute choosing to offer a competency -based 426
644-certification program pursuant to the provisions of this section 427
645-must implement a program previously approved by the Department 428
646-of Education for this purpose or a program developed by the 429
647-institute and approved by the department for this purpose. 430
648-Approved programs shall be available for use by other approved 431
649-educator preparation institutes. 432
650- (a) Within 90 days after receipt of a request for 433
651-approval, the Department of Education shall approve a 434
652-preparation program pursuant to the requirements of this 435
653-subsection or issue a statement of the deficiencies in the 436
654-request for approval. The department shall approve a 437
655-certification program if the institute provides evidence of the 438
656-institute's capacity to implement a competency -based program 439
657-that includes each of the follo wing: 440
658- 1.a. Participant instruction and assessment in the Florida 441
659-Educator Accomplished Practices across content areas. 442
660- b. The use of state -adopted student content standards to 443
661-guide curriculum and instruction. 444
662- c. Scientifically researched and evidenc e-based reading 445
663-instructional strategies that improve reading performance for 446
664-all students, including explicit, systematic, and sequential 447
665-approaches to teaching phonemic awareness, phonics, vocabulary, 448
666-fluency, and text comprehension and multisensory inte rvention 449
667-strategies. 450
643+435.04 are not required to be rescreened in order to satisfy the 426
644+screening requirements in s . 1012.32 if the individual 427
645+instructional personnel : 428
646+ (1) Has his or her fingerprints retained by the Department 429
647+of Law Enforcement Have completed the criminal history check 430
648+within 5 years prior to having direct contact with students ; and 431
649+ (2) Is Are rescreened every 5 years and meets meet the 432
650+level 2 screening standards under s. 1012.315; and 433
651+ (3) Have their fingerprints retained by the Department of 434
652+Law Enforcement. 435
653+ Section 6. Paragraph (a) of subsection (1) of section 436
654+1012.34, Florida Statutes, is amended to read: 437
655+ 1012.34 Personnel evaluation procedures and criteria. — 438
656+ (1) EVALUATION SYSTEM APPROVAL AND REPORTING. — 439
657+ (a) For the purpose of increasing student academic 440
658+performance by improving the quality of instructional, 441
659+administrative, and supe rvisory services in the public schools 442
660+of the state, the district school superintendent shall establish 443
661+procedures for evaluating the performance of duties and 444
662+responsibilities of all instructional, administrative, and 445
663+supervisory personnel employed by the school district. The 446
664+procedures established by the district school superintendent set 447
665+the standards of service to be offered to the public within the 448
666+meaning of s. 447.209 and are not subject to collective 449
667+bargaining. The district school superintendent sh all provide 450
668668
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680- d. Content literacy and mathematical practices. 451
681- e. Strategies appropriate for instruction of English 452
682-language learners. 453
683- f. Strategies appropriate for instruction of students with 454
684-disabilities. 455
685- g. Strategies to differentiate ins truction based on 456
686-student needs. 457
687- h. Strategies and practices to support evidence -based 458
688-content aligned to state standards and grading practices The use 459
689-of character-based classroom management . 460
690- i. Strategies appropriate for the early identification of 461
691-a student in crisis or experiencing a mental health challenge 462
692-and the referral of such student to a mental health professional 463
693-for support. 464
694- j. Strategies to support the use of technology in 465
695-education and distance learning. 466
696- 2. An educational plan for each participant to meet 467
697-certification requirements and demonstrate his or her ability to 468
698-teach the subject area for which the participant is seeking 469
699-certification, which is based on an assessment of his or her 470
700-competency in the areas listed in subparagrap h 1. 471
701- 3. Field experiences appropriate to the certification 472
702-subject area specified in the educational plan with a diverse 473
703-population of students in a variety of challenging environments, 474
704-including, but not limited to, high -poverty schools, urban 475
705-
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713-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714-
715-
716-
717-schools, and rural schools, under the supervision of qualified 476
718-educators. Beginning with candidates entering a program in the 477
719-2023-2024 school year, a minimum period of field experience, as 478
720-determined in state board rule, must be completed before serving 479
721-as the teacher of record. 480
722- 4. A certification ombudsman to facilitate the process and 481
723-procedures required for participants who complete the program to 482
724-meet any requirements related to the background screening 483
725-pursuant to s. 1012.32 and educator professional or tem porary 484
726-certification pursuant to s. 1012.56. 485
727- (4) Continued approval of each program approved pursuant 486
728-to this section shall be determined by the Commissioner of 487
729-Education based upon a periodic review of the following areas: 488
730- (a) Candidate readiness base d on passage rates on educator 489
731-certification examinations under s. 1012.56, as applicable 490
732-Documentation from the program that each program completer has 491
733-met the requirements of paragraphs (3)(a) -(c). 492
734- (b) Evidence of performance in each of the following 493
735-areas: 494
736- 1. Placement rate of program completers into instructional 495
737-positions in Florida public schools and private schools, if 496
738-available. 497
739- 2. Rate of retention for employed program completers in 498
740-instructional positions in Florida public schools. 499
741- 1.3. Performance of students in prekindergarten through 500
742-
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750-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751-
752-
753-
754-grade 12 who are assigned to in -field program completers on 501
755-statewide assessments using the results of the student learning 502
756-growth formula adopted under s. 1012.34. 503
757- 4. Performance of students in prekinder garten through 504
758-grade 12 who are assigned to in -field program completers 505
759-aggregated by student subgroups, as defined in the federal 506
760-Elementary and Secondary Education Act (ESEA), 20 U.S.C. s. 507
761-6311(b)(2)(C)(v)(II), as a measure of how well the program 508
762-prepares teachers to work with a diverse population of students 509
763-in a variety of settings in Florida public schools. 510
764- 2.5. Results of program completers' annual evaluations in 511
765-accordance with the timeline as set forth in s. 1012.34. 512
766- 3.6. Production of program completers in statewide 513
767-critical teacher shortage areas as identified in s. 1012.07. 514
768- (5) Each institute approved pursuant to this section shall 515
769-submit to the Department of Education annual performance 516
770-evaluations that measure the effectiveness of the pro grams, 517
771-including the pass rates of participants on all examinations 518
772-required for teacher certification, employment rates, 519
773-longitudinal retention rates, and satisfaction surveys of 520
774-employers and program completers candidates. The satisfaction 521
775-surveys must be designed to measure the sufficient preparation 522
776-of the educator for the realities of the classroom and the 523
777-institute's responsiveness to local school districts. These 524
778-evaluations shall be used by the Department of Education for 525
779-
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787-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788-
789-
790-
791-purposes of continued appro val of an educator preparation 526
792-institute's certification program. 527
793- (8) The State Board of Education shall may adopt rules 528
794-pursuant to ss. 120.536(1) and 120.54 to implement the 529
795-provisions of this section, which may include weighted criteria 530
796-and may authorize continued program approval based on a review 531
797-conducted by a nationally recognized accrediting entity. The 532
798-rules must establish criteria, based on program size, for 533
799-determining whether a program review is necessary, whether 534
800-program quality should be agg regated and measured at the 535
801-provider or institution level, and whether program reviews may 536
802-be validly conducted on a remote basis including performance 537
803-targets for the measures used for continued program approval 538
804-described in subsection (4) . 539
805- Section 10. Effective upon becoming a law, paragraph (c) 540
806-of subsection (1) of section 1012.22, Florida Statutes, is 541
807-amended to read: 542
808- 1012.22 Public school personnel; powers and duties of the 543
809-district school board. —The district school board shall: 544
810- (1) Designate positions to be filled, prescribe 545
811-qualifications for those positions, and provide for the 546
812-appointment, compensation, promotion, suspension, and dismissal 547
813-of employees as follows, subject to the requirements of this 548
814-chapter: 549
815- (c) Compensation and salary sch edules.— 550
816-
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824-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825-
826-
827-
828- 1. Definitions.—As used in this paragraph: 551
829- a. "Adjustment" means an addition to the base salary 552
830-schedule that is not a bonus and becomes part of the employee's 553
831-permanent base salary and shall be considered compensation under 554
832-s. 121.021(22). 555
833- b. "Grandfathered salary schedule" means the salary 556
834-schedule or schedules adopted by a district school board before 557
835-July 1, 2014, pursuant to subparagraph 4. 558
836- c. "Instructional personnel" means instructional personnel 559
837-as defined in s. 1012.01(2)(a) -(d), excluding substitute 560
838-teachers. 561
839- d. "Performance salary schedule" means the salary schedule 562
840-or schedules adopted by a district school board pursuant to 563
841-subparagraph 5. 564
842- e. "Salary schedule" means the schedule or schedules used 565
843-to provide the base salary fo r district school board personnel. 566
844- f. "School administrator" means a school administrator as 567
845-defined in s. 1012.01(3)(c). 568
846- g. "Supplement" means an annual addition to the base 569
847-salary for the term of the negotiated supplement as long as the 570
848-employee continues his or her employment for the purpose of the 571
849-supplement. A supplement does not become part of the employee's 572
850-continuing base salary but shall be considered compensation 573
851-under s. 121.021(22). 574
852- 2. Cost-of-living adjustment.—A district school board may 575
853-
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861-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862-
863-
864-
865-provide a cost-of-living salary adjustment if the adjustment: 576
866- a. Does not discriminate among comparable classes of 577
867-employees based upon the salary schedule under which they are 578
868-compensated. 579
869- b. Does not exceed 50 percent of the annual adjustment 580
870-provided to instructional personnel rated as effective. 581
871- 3. Advanced degrees. —A district school board may not use 582
872-advanced degrees in setting a salary schedule for instructional 583
873-personnel or school administrators hired on or after July 1, 584
874-2011, unless the advanced degree is held in the individual's 585
875-area of certification and is only a salary supplement. 586
876- 4. Grandfathered salary schedule. — 587
877- a. The district school board shall adopt a salary schedule 588
878-or salary schedules to be used as the basis for paying all 589
879-school employees hired before July 1, 2014. Instructional 590
880-personnel on annual contract as of July 1, 2014, shall be placed 591
881-on the performance salary schedule adopted under subparagraph 5. 592
882-Instructional personnel on continuing contract or professional 593
883-service contract may opt into the performance salary schedule if 594
884-the employee relinquishes such contract and agrees to be 595
885-employed on an annual contract under s. 1012.335. Such an 596
886-employee shall be placed on the performance salary schedule and 597
887-may not return to continuing contract or professional service 598
888-contract status. Any employee who opts into the performance 599
889-salary schedule may not return to the grandfathered salary 600
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898-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899-
900-
901-
902-schedule. 601
903- b. In determining the grandfathered salary schedule for 602
904-instructional personnel, a district school board must base a 603
905-portion of each employee's compensation upon performance 604
906-demonstrated under s. 1012.34 and shall provide differentiated 605
907-pay for both instructional personnel and school administrators 606
908-based upon district-determined factors, including, but not 607
909-limited to, additional responsibilities, school demographics, 608
910-critical shortage areas, and level of job performance 609
911-difficulties. 610
912- 5. Performance salary schedule. —By July 1, 2014, the 611
913-district school board shall adopt a performance salary schedule 612
914-that provides annual salary adjustments for instructional 613
915-personnel and school administrators based upon performance 614
916-determined under s. 1012.34. Employees hired on or after July 1, 615
917-2014, or employees who choose to move from the grandfather ed 616
918-salary schedule to the performance salary schedule shall be 617
919-compensated pursuant to the performance salary schedule once 618
920-they have received the appropriate performance evaluation for 619
921-this purpose. 620
922- a. Base salary.—The base salary shall be established a s 621
923-follows: 622
924- (I) The base salary for instructional personnel or school 623
925-administrators who opt into the performance salary schedule 624
926-shall be the salary paid in the prior year, including 625
927-
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935-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936-
937-
938-
939-adjustments only. 626
940- (II) Instructional personnel or school administrato rs new 627
941-to the district, returning to the district after a break in 628
942-service without an authorized leave of absence, or appointed for 629
943-the first time to a position in the district in the capacity of 630
944-instructional personnel or school administrator shall be pla ced 631
945-on the performance salary schedule. Beginning July 1, 2021, and 632
946-until such time as the minimum base salary as defined in s. 633
947-1011.62(16) equals or exceeds $47,500, the annual increase to 634
948-the minimum base salary shall not be less than 150 percent of 635
949-the largest adjustment made to the salary of an employee on the 636
950-grandfathered salary schedule. Thereafter, the annual increase 637
951-to the minimum base salary shall not be less than 75 percent of 638
952-the largest adjustment for an employee on the grandfathered 639
953-salary schedule. 640
954- b. Salary adjustments. —Salary adjustments for highly 641
955-effective or effective performance shall be established as 642
956-follows: 643
957- (I) The annual salary adjustment under the performance 644
958-salary schedule for an employee rated as highly effective must 645
959-be at least 25 percent greater than the highest annual salary 646
960-adjustment available to an employee of the same classification 647
961-through any other salary schedule adopted by the district. 648
962- (II) The annual salary adjustment under the performance 649
963-salary schedule for an employee rated as effective must be equal 650
964-
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972-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973-
974-
975-
976-to at least 50 percent and no more than 75 percent of the annual 651
977-adjustment provided for a highly effective employee of the same 652
978-classification. 653
979- (III) A salary schedule shall not provide an annual salary 654
980-adjustment for an employee who receives a rating other than 655
981-highly effective or effective for the year. 656
982- c. Salary supplements. —In addition to the salary 657
983-adjustments, each district school board shall provide for salary 658
984-supplements for activities that must inc lude, but are not 659
985-limited to: 660
986- (I) Assignment to a Title I eligible school. 661
987- (II) Assignment to a school that earned a grade of "F" or 662
988-three consecutive grades of "D" pursuant to s. 1008.34 such that 663
989-the supplement remains in force for at least 1 year fo llowing 664
990-improved performance in that school. 665
991- (III) Certification and teaching in critical teacher 666
992-shortage areas. Statewide critical teacher shortage areas shall 667
993-be identified by the State Board of Education under s. 1012.07. 668
994-However, the district school board may identify other areas of 669
995-critical shortage within the school district for purposes of 670
996-this sub-sub-subparagraph and may remove areas identified by the 671
997-state board which do not apply within the school district. 672
998- (IV) Assignment of additional acad emic responsibilities. 673
999- 674
1000-If budget constraints in any given year limit a district school 675
1001-
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1009-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010-
1011-
1012-
1013-board's ability to fully fund all adopted salary schedules, the 676
1014-performance salary schedule shall not be reduced on the basis of 677
1015-total cost or the value of individual a wards in a manner that is 678
1016-proportionally greater than reductions to any other salary 679
1017-schedules adopted by the district. Any compensation for 680
1018-longevity of service awarded to instructional personnel who are 681
1019-on any other salary schedule must be included in ca lculating the 682
1020-salary adjustments required by sub -subparagraph b. 683
1021- Section 11. Section 1012.315, Florida Statutes, is amended 684
1022-to read: 685
1023- 1012.315 Screening standards. —A person is ineligible for 686
1024-educator certification or employment in any position that 687
1025-requires direct contact with students in a district school 688
1026-system, a charter school, or a private school that participates 689
1027-in a state scholarship program under chapter 1002 if the person 690
1028-is on the disqualification list maintained by the department 691
1029-pursuant to s. 1001.10(4)(b), is registered as a sex offender as 692
1030-described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible 693
1031-for an exemption under s. 435.07(4)(c), or has been convicted or 694
1032-found guilty of, has had adjudication withheld for, or has pled 695
1033-guilty or nolo contendere to: 696
1034- (1) Any felony offense prohibited under any of the 697
1035-following statutes: 698
1036- (a) Section 393.135, relating to sexual misconduct with 699
1037-certain developmentally disabled clients and reporting of such 700
1038-
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1046-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047-
1048-
1049-
1050-sexual misconduct. 701
1051- (b) Section 394.4593, relating to sexual misconduct with 702
1052-certain mental health patients and reporting of such sexual 703
1053-misconduct. 704
1054- (c) Section 415.111, relating to adult abuse, neglect, or 705
1055-exploitation of aged persons or disabled adults. 706
1056- (d) Section 782.04, relating to murde r. 707
1057- (e) Section 782.07, relating to manslaughter, aggravated 708
1058-manslaughter of an elderly person or disabled adult, aggravated 709
1059-manslaughter of a child, or aggravated manslaughter of an 710
1060-officer, a firefighter, an emergency medical technician, or a 711
1061-paramedic. 712
1062- (f) Section 784.021, relating to aggravated assault. 713
1063- (g) Section 784.045, relating to aggravated battery. 714
1064- (h) Section 784.075, relating to battery on a detention or 715
1065-commitment facility staff member or a juvenile probation 716
1066-officer. 717
1067- (i) Section 787.01, relating to kidnapping. 718
1068- (j) Section 787.02, relating to false imprisonment. 719
1069- (k) Section 787.025, relating to luring or enticing a 720
1070-child. 721
1071- (l) Section 787.04(2), relating to leading, taking, 722
1072-enticing, or removing a minor beyond the state limits , or 723
1073-concealing the location of a minor, with criminal intent pending 724
1074-custody proceedings. 725
1075-
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1083-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084-
1085-
1086-
1087- (m) Section 787.04(3), relating to leading, taking, 726
1088-enticing, or removing a minor beyond the state limits, or 727
1089-concealing the location of a minor, with criminal int ent pending 728
1090-dependency proceedings or proceedings concerning alleged abuse 729
1091-or neglect of a minor. 730
1092- (n) Section 790.115(1), relating to exhibiting firearms or 731
1093-weapons at a school-sponsored event, on school property, or 732
1094-within 1,000 feet of a school. 733
1095- (o) Section 790.115(2)(b), relating to possessing an 734
1096-electric weapon or device, destructive device, or other weapon 735
1097-at a school-sponsored event or on school property. 736
1098- (p) Section 794.011, relating to sexual battery. 737
1099- (q) Former s. 794.041, relating to sexua l activity with or 738
1100-solicitation of a child by a person in familial or custodial 739
1101-authority. 740
1102- (r) Section 794.05, relating to unlawful sexual activity 741
1103-with certain minors. 742
1104- (s) Section 794.08, relating to female genital mutilation. 743
1105- (t) Chapter 796, relat ing to prostitution. 744
1106- (u) Chapter 800, relating to lewdness and indecent 745
1107-exposure. 746
1108- (v) Section 800.101, relating to offenses against students 747
1109-by authority figures. 748
1110- (w) Section 806.01, relating to arson. 749
1111- (x) Section 810.14, relating to voyeurism. 750
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1120-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121-
1122-
1123-
1124- (y) Section 810.145, relating to video voyeurism. 751
1125- (z) Section 812.014(6), relating to coordinating the 752
1126-commission of theft in excess of $3,000. 753
1127- (aa) Section 812.0145, relating to theft from persons 65 754
1128-years of age or older. 755
1129- (bb) Section 812.019, relat ing to dealing in stolen 756
1130-property. 757
1131- (cc) Section 812.13, relating to robbery. 758
1132- (dd) Section 812.131, relating to robbery by sudden 759
1133-snatching. 760
1134- (ee) Section 812.133, relating to carjacking. 761
1135- (ff) Section 812.135, relating to home -invasion robbery. 762
1136- (gg) Section 817.563, relating to fraudulent sale of 763
1137-controlled substances. 764
1138- (hh) Section 825.102, relating to abuse, aggravated abuse, 765
1139-or neglect of an elderly person or disabled adult. 766
1140- (ii) Section 825.103, relating to exploitation of an 767
1141-elderly person or disabled adult. 768
1142- (jj) Section 825.1025, relating to lewd or lascivious 769
1143-offenses committed upon or in the presence of an elderly person 770
1144-or disabled person. 771
1145- (kk) Section 826.04, relating to incest. 772
1146- (ll) Section 827.03, relating to child abuse, aggravated 773
1147-child abuse, or neglect of a child. 774
1148- (mm) Section 827.04, relating to contributing to the 775
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1157-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158-
1159-
1160-
1161-delinquency or dependency of a child. 776
1162- (nn) Section 827.071, relating to sexual performance by a 777
1163-child. 778
1164- (oo) Section 843.01, relating to resisting arre st with 779
1165-violence. 780
1166- (pp) Chapter 847, relating to obscenity. 781
1167- (qq) Section 874.05, relating to causing, encouraging, 782
1168-soliciting, or recruiting another to join a criminal street 783
1169-gang. 784
1170- (rr) Chapter 893, relating to drug abuse prevention and 785
1171-control, if the offense was a felony of the second degree or 786
1172-greater severity. 787
1173- (ss) Section 916.1075, relating to sexual misconduct with 788
1174-certain forensic clients and reporting of such sexual 789
1175-misconduct. 790
1176- (tt) Section 944.47, relating to introduction, removal, or 791
1177-possession of contraband at a correctional facility. 792
1178- (uu) Section 985.701, relating to sexual misconduct in 793
1179-juvenile justice programs. 794
1180- (vv) Section 985.711, relating to introduction, removal, 795
1181-or possession of contraband at a juvenile detention facility or 796
1182-commitment program. 797
1183- (2) Any misdemeanor offense prohibited under any of the 798
1184-following statutes: 799
1185- (a) Section 784.03, relating to battery, if the victim of 800
1186-
1187-CS/CS/CS/HB 1203 2022
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1194-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195-
1196-
1197-
1198-the offense was a minor. 801
1199- (b) Section 787.025, relating to luring or enticing a 802
1200-child. 803
1201- (3) Any criminal act committed in another state or under 804
1202-federal law which, if committed in this state, constitutes an 805
1203-offense prohibited under any statute listed in subsection (1) or 806
1204-subsection (2). 807
1205- (4) Any delinquent act committed in this state or any 808
1206-delinquent or criminal act committed in another state or under 809
1207-federal law which, if committed in this state, qualifies an 810
1208-individual for inclusion on the Registered Juvenile Sex Offender 811
1209-List under s. 943.0435(1)(h)1.d. 812
1210- Section 12. The changes made to s. 1012 .315, Florida 813
1211-Statutes, by this act apply to individuals who are screened 814
1212-after January 1, 2024. 815
1213- Section 13. Subsections (2) and (3) of section 1012.32, 816
1214-Florida Statutes, are amended to read: 817
1215- 1012.32 Qualifications of personnel. — 818
1216- (2)(a) Instructional and noninstructional personnel who 819
1217-are hired or contracted to fill positions that require direct 820
1218-contact with students in any district school system or 821
1219-university lab school must, upon employment or engagement to 822
1220-provide services, undergo background scr eening as required under 823
1221-s. 1012.465 or s. 1012.56, whichever is applicable. 824
1222- (b)1. Instructional and noninstructional personnel who are 825
1223-
1224-CS/CS/CS/HB 1203 2022
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1231-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232-
1233-
1234-
1235-hired or contracted to fill positions in a charter school other 826
1236-than a school of hope as defined in s. 1002.333, and m embers of 827
1237-the governing board of such charter school, in compliance with 828
1238-s. 1002.33(12)(g), upon employment, engagement of services, or 829
1239-appointment, shall undergo background screening as required 830
1240-under s. 1012.465 or s. 1012.56, whichever is applicable , by 831
1241-filing with the district school board for the school district in 832
1242-which the charter school is located a complete set of 833
1243-fingerprints taken by an authorized law enforcement agency or an 834
1244-employee of the school or school district who is trained to take 835
1245-fingerprints. 836
1246- 2. Instructional and noninstructional personnel who are 837
1247-hired or contracted to fill positions in a school of hope as 838
1248-defined in s. 1002.333, and members of the governing board of 839
1249-such school of hope, upon employment, engagement of services, or 840
1250-appointment, shall undergo background screening as required 841
1251-under s. 1012.465 or s. 1012.56, whichever is applicable file 842
1252-with the school of hope a complete set of fingerprints taken by 843
1253-an authorized law enforcement agency, by an employee of the 844
1254-school of hope or school district who is trained to take 845
1255-fingerprints, or by any other entity recognized by the 846
1256-Department of Law Enforcement to take fingerprints . 847
1257- (c) Instructional and noninstructional personnel who are 848
1258-hired or contracted to fill positions that re quire direct 849
1259-contact with students in an alternative school that operates 850
1260-
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1268-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269-
1270-
1271-
1272-under contract with a district school system must, upon 851
1273-employment or engagement to provide services, undergo background 852
1274-screening as required under s. 1012.465 or s. 1012.56, whiche ver 853
1275-is applicable, by filing with the district school board for the 854
1276-school district to which the alternative school is under 855
1277-contract a complete set of fingerprints taken by an authorized 856
1278-law enforcement agency or an employee of the school or school 857
1279-district who is trained to take fingerprints . 858
1280- (d) Student teachers and persons participating in a field 859
1281-experience pursuant to s. 1004.04(5) or s. 1004.85 in any 860
1282-district school system, lab school, or charter school must, upon 861
1283-engagement to provide services, u ndergo background screening as 862
1284-required under s. 1012.56. 863
1285- 864
1286-Required fingerprints must be submitted to the Department of Law 865
1287-Enforcement for statewide criminal and juvenile records checks 866
1288-and to the Federal Bureau of Investigation for federal criminal 867
1289-records checks. A person subject to this subsection who is found 868
1290-ineligible for employment under s. 1012.315, or otherwise found 869
1291-through background screening to have been convicted of any crime 870
1292-involving moral turpitude as defined by rule of the State Board 871
1293-of Education, may shall not be employed, engaged to provide 872
1294-services, or serve in any position that requires direct contact 873
1295-with students. Probationary persons subject to this subsection 874
1296-terminated because of their criminal record have the right to 875
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1305-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306-
1307-
1308-
1309-appeal such decisions. The cost of the background screening may 876
1310-be borne by the employer district school board, the charter 877
1311-school, the employee, the contractor, or a person subject to 878
1312-this subsection. A district school board shall reimburse a 879
1313-charter school the cos t of background screening if it does not 880
1314-notify the charter school of the eligibility of a governing 881
1315-board member or instructional or noninstructional personnel 882
1316-within the earlier of 14 days after receipt of the background 883
1317-screening results from the Florid a Department of Law Enforcement 884
1318-or 30 days of submission of fingerprints by the governing board 885
1319-member or instructional or noninstructional personnel. 886
1320- (3) A background screening required under this section 887
1321-shall be conducted in accordance with s. 435.12. 888
1322- (3)(a) All fingerprints submitted to the Department of Law 889
1323-Enforcement as required by subsection (2) shall be retained by 890
1324-the Department of Law Enforcement in a manner provided by rule 891
1325-and entered in the statewide automated biometric identification 892
1326-system authorized by s. 943.05(2)(b). Such fingerprints shall 893
1327-thereafter be available for all purposes and uses authorized for 894
1328-arrest fingerprints entered in the statewide automated biometric 895
1329-identification system pursuant to s. 943.051. 896
1330- (b) The Department of Law Enforcement shall search all 897
1331-arrest fingerprints received under s. 943.051 against the 898
1332-fingerprints retained in the statewide automated biometric 899
1333-identification system under paragraph (a). Any arrest record 900
1334-
1335-CS/CS/CS/HB 1203 2022
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1342-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343-
1344-
1345-
1346-that is identified wit h the retained fingerprints of a person 901
1347-subject to the background screening under this section shall be 902
1348-reported to the employing or contracting school district or the 903
1349-school district with which the person is affiliated. Each school 904
1350-district is required to participate in this search process by 905
1351-payment of an annual fee to the Department of Law Enforcement 906
1352-and by informing the Department of Law Enforcement of any change 907
1353-in the affiliation, employment, or contractual status or place 908
1354-of affiliation, employment, or contracting of its instructional 909
1355-and noninstructional personnel whose fingerprints are retained 910
1356-under paragraph (a). The Department of Law Enforcement shall 911
1357-adopt a rule setting the amount of the annual fee to be imposed 912
1358-upon each school district for p erforming these searches and 913
1359-establishing the procedures for the retention of instructional 914
1360-and noninstructional personnel fingerprints and the 915
1361-dissemination of search results. The fee may be borne by the 916
1362-district school board, the contractor, or the perso n 917
1363-fingerprinted. 918
1364- (c) Personnel whose fingerprints are not retained by the 919
1365-Department of Law Enforcement under paragraphs (a) and (b) must 920
1366-be refingerprinted and rescreened in accordance with subsection 921
1367-(2) upon reemployment or reengagement to provide ser vices in 922
1368-order to comply with the requirements of this subsection. 923
1369- Section 14. Effective upon becoming a law, paragraph (a) 924
1370-of subsection (1) of section 1012.34, Florida Statutes, is 925
1371-
1372-CS/CS/CS/HB 1203 2022
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1379-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380-
1381-
1382-
1383-amended to read: 926
1384- 1012.34 Personnel evaluation procedures and criter ia.— 927
1385- (1) EVALUATION SYSTEM APPROVAL AND REPORTING. — 928
1386- (a) For the purpose of increasing student academic 929
1387-performance by improving the quality of instructional, 930
1388-administrative, and supervisory services in the public schools 931
1389-of the state, the district scho ol superintendent shall establish 932
1390-procedures for evaluating the performance of duties and 933
1391-responsibilities of all instructional, administrative, and 934
1392-supervisory personnel employed by the school district. The 935
1393-procedures established by the district school su perintendent set 936
1394-the standards of service to be offered to the public within the 937
1395-meaning of s. 447.209 and are not subject to collective 938
1396-bargaining. The district school superintendent shall provide 939
1397-instructional personnel the opportunity to review their cl ass 940
1398-rosters for accuracy and to correct any mistakes. The district 941
1399-school superintendent shall report accurate class rosters for 942
1400-the purpose of calculating district and statewide student 943
1401-performance and annually report the evaluation results of 944
1402-instructional personnel and school administrators to the 945
1403-Department of Education in addition to the information required 946
1404-under subsection (5). 947
1405- Section 15. Section 1012.465, Florida Statutes, is amended 948
1406-to read: 949
1407- 1012.465 Background screening requirements for cer tain 950
1408-
1409-CS/CS/CS/HB 1203 2022
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1416-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417-
1418-
1419-
1420-noninstructional school district employees and contractors. — 951
1421- (1) Except as provided in s. 1012.467 or s. 1012.468, 952
1422-noninstructional school district employees or contractual 953
1423-personnel who are permitted access on school grounds when 954
1424-students are present, who have direct contact with students or 955
1425-who have access to or control of school funds must meet the 956
1426-level 2 screening requirements of as described in s. 1012.32. 957
1427-Contractual personnel shall include any vendor, individual, or 958
1428-entity under contract with a school or the school board. 959
1429- (2) Every 5 years following employment or entry into a 960
1430-contract in a capacity described in subsection (1), each person 961
1431-who is so employed or under contract with the school district 962
1432-must meet level 2 screening requirements as described in s. 963
1433-1012.32, at which time the school district shall request the 964
1434-Department of Law Enforcement to forward the fingerprints to the 965
1435-Federal Bureau of Investigation for the level 2 screening. If, 966
1436-for any reason following employment or entry int o a contract in 967
1437-a capacity described in subsection (1), the fingerprints of a 968
1438-person who is so employed or under contract with the school 969
1439-district are not retained by the Department of Law Enforcement 970
1440-under s. 1012.32(3)(a) and (b), the person must file a complete 971
1441-set of fingerprints with the district school superintendent of 972
1442-the employing or contracting school district. Upon submission of 973
1443-fingerprints for this purpose, the school district shall request 974
1444-the Department of Law Enforcement to forward the finge rprints to 975
1445-
1446-CS/CS/CS/HB 1203 2022
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1453-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454-
1455-
1456-
1457-the Federal Bureau of Investigation for the level 2 screening, 976
1458-and the fingerprints shall be retained by the Department of Law 977
1459-Enforcement under s. 1012.32(3)(a) and (b). The cost of the 978
1460-state and federal criminal history check required by level 2 979
1461-screening may be borne by the district school board, the 980
1462-contractor, or the person fingerprinted. Under penalty of 981
1463-perjury, each person who is employed or under contract in a 982
1464-capacity described in subsection (1) must agree to inform his or 983
1465-her employer or the party with whom he or she is under contract 984
1466-within 48 hours if convicted of any disqualifying offense while 985
1467-he or she is employed or under contract in that capacity. 986
1468- (3) If it is found that a person who is employed or under 987
1469-contract in a capacity described in subsection (1) does not meet 988
1470-the screening level 2 requirements, the person shall be 989
1471-immediately suspended from working in that capacity and shall 990
1472-remain suspended until final resolution of any appeals. 991
1473- Section 16. Subsections (2) through (7) of section 992
1474-1012.467, Florida Statutes, are amended to read: 993
1475- 1012.467 Noninstructional contractors who are permitted 994
1476-access to school grounds when students are present; background 995
1477-screening requirements. — 996
1478- (2)(a) A fingerprint -based criminal history check shall be 997
1479-performed on each noninstructional contractor who is permitted 998
1480-access to school grounds when students are present, whose 999
1481-performance of the contract with the school or school board is 1000
1482-
1483-CS/CS/CS/HB 1203 2022
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1490-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491-
1492-
1493-
1494-not anticipated to result in direct contact with students , and 1001
1495-for whom any unanticipated contact would be infrequent and 1002
1496-incidental using the process described in s. 1012.32(3) . 1003
1497-Criminal history checks shall be performed at least once every 5 1004
1498-years. For the initial criminal history check, each 1005
1499-noninstructional contractor who is subject to the criminal 1006
1500-history check shall file with the Department of Law Enforcement 1007
1501-a complete set of fingerprints taken by an authorized law 1008
1502-enforcement agency or an employee of a school district, a public 1009
1503-school, or a private compan y who is trained to take 1010
1504-fingerprints. The fingerprints shall be electronically submitted 1011
1505-for state processing to the Department of Law Enforcement, which 1012
1506-shall in turn submit the fingerprints to the Federal Bureau of 1013
1507-Investigation for national processing. The results of each 1014
1508-criminal history check shall be reported to the school district 1015
1509-in which the individual is seeking access and entered into the 1016
1510-shared system described in subsection (7). The school district 1017
1511-shall screen the results using the disqualify ing offenses in 1018
1512-paragraph (b) (g). The cost of the criminal history check may be 1019
1513-borne by the district school board, the school, or the 1020
1514-contractor. A fee that is charged by a district school board for 1021
1515-such checks may not exceed 30 percent of the total amou nt 1022
1516-charged by the Department of Law Enforcement and the Federal 1023
1517-Bureau of Investigation. 1024
1518- (b) As authorized by law, the Department of Law 1025
1519-
1520-CS/CS/CS/HB 1203 2022
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1527-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528-
1529-
1530-
1531-Enforcement shall retain the fingerprints submitted by the 1026
1532-school districts pursuant to this subsection to the Depart ment 1027
1533-of Law Enforcement for a criminal history background screening 1028
1534-in a manner provided by rule and enter the fingerprints in the 1029
1535-statewide automated biometric identification system authorized 1030
1536-by s. 943.05(2)(b). The fingerprints shall thereafter be 1031
1537-available for all purposes and uses authorized for arrest 1032
1538-fingerprints entered into the statewide automated biometric 1033
1539-identification system under s. 943.051. 1034
1540- (c) As authorized by law, the Department of Law 1035
1541-Enforcement shall search all arrest fingerprints rece ived under 1036
1542-s. 943.051 against the fingerprints retained in the statewide 1037
1543-automated biometric identification system under paragraph (b). 1038
1544- (d) School districts may participate in the search process 1039
1545-described in this subsection by paying an annual fee to the 1040
1546-Department of Law Enforcement. 1041
1547- (e) A fingerprint retained pursuant to this subsection 1042
1548-shall be purged from the automated biometric identification 1043
1549-system 5 years following the date the fingerprint was initially 1044
1550-submitted. The Department of Law Enforcemen t shall set the 1045
1551-amount of the annual fee to be imposed upon each participating 1046
1552-agency for performing these searches and establishing the 1047
1553-procedures for retaining fingerprints and disseminating search 1048
1554-results. The fee may be borne as provided by law. Fees m ay be 1049
1555-waived or reduced by the executive director of the Department of 1050
1556-
1557-CS/CS/CS/HB 1203 2022
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1564-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565-
1566-
1567-
1568-Law Enforcement for good cause shown. 1051
1569- (f) A noninstructional contractor who is subject to a 1052
1570-criminal history check under this section shall inform a school 1053
1571-district that he or she has completed a criminal history check 1054
1572-in another school district within the last 5 years. The school 1055
1573-district shall verify the results of the contractor's criminal 1056
1574-history check using the shared system described in subsection 1057
1575-(7). The school district may not charge the contractor a fee for 1058
1576-verifying the results of his or her criminal history check . 1059
1577- (b)(g) A noninstructional contractor for whom a criminal 1060
1578-history check is required under this section may not have been 1061
1579-convicted of any of the following offense s designated in the 1062
1580-Florida Statutes, any similar offense in another jurisdiction, 1063
1581-or any similar offense committed in this state which has been 1064
1582-redesignated from a former provision of the Florida Statutes to 1065
1583-one of the following offenses: 1066
1584- 1. Any offense listed in s. 943.0435(1)(h)1., relating to 1067
1585-the registration of an individual as a sexual offender. 1068
1586- 2. Section 393.135, relating to sexual misconduct with 1069
1587-certain developmentally disabled clients and the reporting of 1070
1588-such sexual misconduct. 1071
1589- 3. Section 394.4593, relating to sexual misconduct with 1072
1590-certain mental health patients and the reporting of such sexual 1073
1591-misconduct. 1074
1592- 4. Section 775.30, relating to terrorism. 1075
1593-
1594-CS/CS/CS/HB 1203 2022
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1601-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602-
1603-
1604-
1605- 5. Section 782.04, relating to murder. 1076
1606- 6. Section 787.01, relating to kidnapping. 1077
1607- 7. Any offense under chapter 800, relating to lewdness and 1078
1608-indecent exposure. 1079
1609- 8. Section 826.04, relating to incest. 1080
1610- 9. Section 827.03, relating to child abuse, aggravated 1081
1611-child abuse, or neglect of a child. 1082
1612- (3) If it is found that a noninstructional contractor has 1083
1613-been convicted of any of the offenses listed in paragraph (2)(b) 1084
1614-(2)(g), the individual shall be immediately suspended from 1085
1615-having access to school grounds and shall remain suspended 1086
1616-unless and until the conviction is set aside in any 1087
1617-postconviction proceeding. 1088
1618- (4) A noninstructional contractor who has been convicted 1089
1619-of any of the offenses listed in paragraph (2)(b) (2)(g) may not 1090
1620-be permitted on school grounds when students are present unless 1091
1621-the contractor has received a full pardon or has had his or her 1092
1622-civil rights restored. A noninstructional contractor who is 1093
1623-present on school grounds in violation of this subsection 1094
1624-commits a felony of the third degree, punishable as provided in 1095
1625-s. 775.082 or s. 775.083. 1096
1626- (5) If a school district has reasonable cause to believe 1097
1627-that grounds exist for the denial of a contractor's access to 1098
1628-school grounds when students are present, it shall notify the 1099
1629-contractor in writing, stating the specific record that 1100
1630-
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1638-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639-
1640-
1641-
1642-indicates noncompliance with the standards set forth in this 1101
1643-section. It is the responsibility of the affected contractor to 1102
1644-contest his or her denial. The only basis for contesting the 1103
1645-denial is proof of mistaken identity or that an offense from 1104
1646-another jurisdiction is not disqualifying under paragraph (2)(b) 1105
1647-(2)(g). 1106
1648- (6) Each contractor who is subject to the requirements of 1107
1649-this section shall agree to inform his or her employer or the 1108
1650-party to whom he or she is under contract and the school 1109
1651-district within 48 hours if he or she is arrested for any of the 1110
1652-disqualifying offenses in paragraph (2)(b) (2)(g). A contractor 1111
1653-who willfully fails to comply with this subsection commits a 1112
1654-felony of the third degree, punishable as provided in s. 775.082 1113
1655-or s. 775.083. If the employer of a contractor or the party to 1114
1656-whom the contractor is under contract knows the contractor has 1115
1657-been arrested for any of the disqualifying offenses in paragraph 1116
1658-(2)(b) (2)(g) and authorizes the contractor to be present on 1117
1659-school grounds when st udents are present, such employer or such 1118
1660-party commits a felony of the third degree, punishable as 1119
1661-provided in s. 775.082 or s. 775.083. 1120
1662- (7)(a) The Department of Law Enforcement shall implement a 1121
1663-system that allows for the results of a criminal history check 1122
1664-provided to a school district to be shared with other school 1123
1665-districts through a secure Internet website or other secure 1124
1666-electronic means. School districts must accept reciprocity of 1125
1667-
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1677-
1678-
1679-level 2 screenings for Florida High School Athletic Association 1126
1680-officials. 1127
1681- (b) An employee of a school district, a charter school, a 1128
1682-lab school, a charter lab school, or the Florida School for the 1129
1683-Deaf and the Blind who requests or shares criminal history 1130
1684-information under this section is immune from civil or criminal 1131
1685-liability for any good faith conduct that occurs during the 1132
1686-performance of and within the scope of responsibilities related 1133
1687-to the record check. 1134
1688- (c) This subsection is repealed July 31, 2026. 1135
1689- Section 17. Paragraph (c) of subsection (10) of section 1136
1690-1012.56, Florida Statutes, is redesignated as paragraph (d), 1137
1691-and paragraph (b) of that subsection is amended to read: 1138
1692- 1012.56 Educator certification requirements. — 1139
1693- (10) BACKGROUND SCREENING REQUIRED, INITIALLY AND 1140
1694-PERIODICALLY.— 1141
1695- (b) To maintain the safety and well-being of children and 1142
1696-the integrity of the system of public education, a person may 1143
1697-not be certified receive a certificate under this chapter to 1144
1698-have the responsibility for the safety and well -being of 1145
1699-children until the person's screening und er s. 1012.32 is 1146
1700-completed and the results have been submitted to the Department 1147
1701-of Education or to the person's employer district school 1148
1702-superintendent of the school district that employs the person . 1149
1703-Every 5 years after obtaining initial certification, ea ch person 1150
1704-
1705-CS/CS/CS/HB 1203 2022
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1707-
1708-
1709-CODING: Words stricken are deletions; words underlined are additions.
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1712-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713-
1714-
1715-
1716-who is required to be certified under this chapter must be 1151
1717-rescreened in accordance with s. 1012.32, at which time the 1152
1718-employer school district shall request the Department of Law 1153
1719-Enforcement to forward the fingerprints to the Federal Bureau of 1154
1720-Investigation for federal criminal records checks pursuant to s. 1155
1721-435.12. 1156
1722- (c) If, for any reason after obtaining initial 1157
1723-certification, the fingerprints of a person who is required to 1158
1724-be certified under this chapter are not retained by the 1159
1725-Department of Law Enforcement under s. 1012.32(3) s. 1160
1726-1012.32(3)(a) and (b) , the person must file a complete set of 1161
1727-fingerprints with the employer district school superintendent of 1162
1728-the employing school district . Upon submission of fingerprints 1163
1729-for this purpose, the employer school district shall request the 1164
1730-Department of Law Enforcement to forward the fingerprints to the 1165
1731-Federal Bureau of Investigation for federal criminal records 1166
1732-checks, and the fingerprints shall be retained by the Department 1167
1733-of Law Enforcement under s. 1012.32(3) s. 1012.32(3)(a) and (b) . 1168
1734-The cost of the state and federal criminal history checks 1169
1735-required by paragraph (a) and this paragraph may be borne by the 1170
1736-employer district school board or the employee. Under penalty of 1171
1737-perjury, each person who is certified under this chapter must 1172
1738-agree to inform his or her employer within 48 hours if convicted 1173
1739-of any disqualifying offense while he or she is employed in a 1174
1740-position for which such certific ation is required. 1175
1741-
1742-CS/CS/CS/HB 1203 2022
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1744-
1745-
1746-CODING: Words stricken are deletions; words underlined are additions.
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1749-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750-
1751-
1752-
1753- Section 18. The changes made to ss. 1012.32 and 1012.56, 1176
1754-Florida Statutes, by this act must be implemented by January 1, 1177
1755-2024, or by a later date determined by the Agency for Health 1178
1756-Care Administration. 1179
1757- Section 19. Except as othe rwise expressly provided in this 1180
1758-act and except for this section, which shall take effect upon 1181
1759-this act becoming a law, this act shall take effect January 1, 1182
1760-2023. 1183
680+instructional personnel the opportunity to review their class 451
681+rosters for accuracy and to correct any mistakes. The district 452
682+school superintendent shall report accurate class rosters for 453
683+the purpose of calculating district and statewide student 454
684+performance and annually report the evaluation results of 455
685+instructional personnel and school administrators to the 456
686+Department of Education in addition to the information required 457
687+under subsection (5). 458
688+ Section 7. Except as otherwise expressly provided in this 459
689+act, this act shall take effect July 1, 2022. 460