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