STORAGE NAME: h1287.EAS
DATE: 4/3/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1287
TITLE: School District Personnel and Volunteers
SPONSOR(S): Robinson, W.
COMPANION BILL: SB 1374 (Yarborough)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Education Administration
13 Y, 4 N, As CS
SUMMARY
Effect of the Bill:
The bill supports student safety by requiring district school boards to adopt a policy to temporarily remove
instructional personnel from the classroom within 24 hours of notification by law enforcement or the instructional
personnel of specified arrests, expanding the offenses that require notification to educational entities by law
enforcement after the arrest of a school employee, and requiring instructional and administrative staff to self-
report specified arrest and final judgement information to school districts. The bill clarifies that school districts
have discretion when screening school volunteers.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires district school boards to adopt a policy to temporarily remove instructional personnel from the
classroom within 24 hours of notification by law enforcement or the instructional personnel of any arrest for a
felony, or of an arrest for a misdemeanor involving any offense included as a disqualifying offense under a Level 2
background screening. (Section 2).
The bill requires law enforcement notification of the appropriate district school superintendent, charter school
governing board, private school owner or administrator, president of the Florida School for the Deaf and the Blind,
or university lab school’s director or principal upon the arrest of an employee for any felony or a misdemeanor
involving an offense included as a disqualifying offense under a Level 2 background screening. (Section 3).
The bill requires instructional and administrative personnel of a school district to self-report, within 48 hours, to
an individual designated by the superintendent:
Any arrest for a felony, or for a misdemeanor involving any offense included as a disqualifying offense
under a Level 2 background screening. Such notice shall not be considered an admission of guilt and such
notice shall not be admissible for any purpose in any civil, criminal, administrative, judicial, investigatory,
or adjudicatory proceeding.
A final judgement, any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial
diversion program, or entering a plea of guilty or nolo contendere for any criminal offense other than a
traffic violation. When handling sealed and expunged records disclosed, school district personnel must
comply with confidentiality provisions. (Section 4).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The bill clarifies that school districts have discretion when screening school volunteers. If a school district elects to
screen its volunteers, the bill authorizes the use of the Care Provider Background Screening Clearinghouse
(Clearinghouse) or the Volunteer Employee Criminal History System (VECHS) system for the background
screenings. (Section 1).
The effective date of the bill is July 1, 2025. (Section 5).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Screening and Employment Standards for School Employees
Florida law establishes screening standards for individuals seeking educator certification or employment in
positions that require direct contact with students in district schools, charter schools, and private schools
participating in state scholarship programs.
1 A person is ineligible for employment if they:
2
Are on the disqualification list maintained by the Department of Education (DOE).
Are registered as a sex offender under federal law.
Are ineligible based on a security background check conducted pursuant to Level 2 background screening
standards.
3
Have been convicted or found guilty of, have had adjudication withheld for, or have pled guilty or nolo contendere
to:
Any criminal act committed in another state or under federal law that would constitute a disqualifying
offense under Level 2 background screening standards.
Any delinquent act that would qualify the individual for inclusion on Florida’s Registered Juvenile Sex
Offender List.
Currently, background screening for school volunteers is at the discretion of the school district.
4 The only
requirement is that all volunteers must be checked against the sex offender database prior to volunteering.
5
Level 2 Background Screenings and Disqualifying Offenses
Individuals seeking employment in positions involving direct contact with vulnerable populations, including
students, are subject to Level 2 background screening requirements.
6 Disqualifying offenses include certain felony
and misdemeanor offenses related to violence, abuse, sexual misconduct, and controlled substances.
7 These
offenses form the basis for screening standards applicable to school personnel.
Care Provider Background Screening Clearinghouse
The Clearinghouse conducts background screenings for authorized agencies and provides the opportunity for
participating screening agencies to share the results of criminal history checks as well as maintains fingerprints as
part of the Rap Back Service,
8 which allows continual review of fingerprints against new criminal history
information.
9
Current designated agencies participating in the clearinghouse include:
the Agency for Health Care Administration (AHCA);
the Department of Health;
the Department of Children and Families;
1
Section 1012.315, F.S.
2
Section 1012.315(5), F.S.
3
Section 435.04(2), F.S.
4
Section 435.04, F.S.
5
Section 943.04351, F.S.
6
Sections 435.04 and 1012.315, F.S.
7
Section 435.04, F.S.
8
See text accompanying note 15, infra.
9
Section 435.12, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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the Department of Elder Affairs;
the Agency for Persons with Disabilities;
the DOE;
each district unit;
special district units;
the Florida School for the Deaf and the Blind;
the Florida Virtual School;
virtual instruction programs;
charter schools;
hope operators;
private schools participating in an educational scholarship program;
alternative schools;
regional workforce boards; and
local licensing agencies, when these agencies are conducting state and national criminal history
background screening on persons who work with children or persons who are elderly or disabled.
10
Volunteer Employee Criminal History System
The VECHS was enacted in 1999 to implement the National Child Protection Act (NCPA). The VECHS program
provides state and national criminal history record information on applicants, employees, and volunteers to
qualified entities. Qualified entities that register with the FDLE may screen personnel and employees through the
submission of fingerprints. A “qualified entity” is a business or organization that provides care, treatment,
education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
11
Organizations that are statutorily required to obtain criminal history record checks on their employees or
volunteers may not use the VECHS.
12 Each request must be voluntary and conform to the requirements of the
National Child Protection Act of 1993, as amended.
13 After a qualified entity registers with the FDLE, the
department assigns that qualified entity an Originating Agency Identifier (ORI) number by the FDLE to facilitate
such screenings. The FDLE periodically audits qualified entities to ensure compliance with federal and state law.
14
Noncriminal Justice Rap Back Service (Fingerprint Retention)
The Noncriminal Justice Rap Back Service is managed by the FBI's Criminal Justice Information Services Division
(Division). When an individual’s fingerprints are submitted through an approved Next Generation Identification
(NGI) connection and retained in the NGI System, the Division has the authority to enroll the fingerprints in the
Rap Back Service. Once enrolled, the individual’s fingerprints will be subject to future searches in the NGI System.
With Rap Back, an electronic notification will be generated if some time later a person in the Clearinghouse
engages in any criminal activity where fingerprints are taken and submitted to the NGI System. The screening
entities are also notified if any previously unreported criminal activity is updated to the Identity History Summary.
Without Rap Back, employers or organizations depend on the screened individuals to self-report their own
criminal activity or have it discovered as a result of re-fingerprinting, possibly years later.
15
Rap Back is available for Florida criminal records and national Rap Back is available through the Clearinghouse.
Screening entities may be required to use the state Rap Back service, such as when individuals are screened
through the Clearinghouse. Qualified entities screening through the VECHS may opt to enroll a screened individual
in the state Rap Back Service by requesting, and paying for, retention of fingerprints.
Educator Disqualification
10
Section 435.02(5), F.S. (definition of “Specified agency”).
11
Section 943.0542(1), F.S.
12
Florida Department of Law Enforcement, About VECHS, https://www.fdle.state.fl.us/Background-Checks/About-Us (last visited
Apr. 2, 2025).
13
Section 943.0542(2), F.S.
14
Florida Department of Law Enforcement, Agency Analysis of 2023 House Bill 249 (Feb. 10, 2023), p. 2.
15
Federal Bureau of Investigation, CJIS Noncriminal Rap Back Service, https://www.fbi.gov/video-repository/cjis-
non_crim_rapback_2020.mp4/view (last visited Apr. 2, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The DOE maintains a disqualification list of individuals permanently prohibited from certain education positions,
including those with revoked certificates, disqualifications related to private schools, or employment terminations
due to misconduct endangering the health, safety, or welfare of a student.
16
A person may be removed from the disqualification list under certain conditions, including a completed law
enforcement investigation resulting in exoneration, correction of mistaken identity, or an employer’s request for
removal with supporting documentation.
17
To support employment screening, the DOE provides electronic verification access to school districts, charter
schools, the Florida School for the Deaf and the Blind, and private schools that accept state scholarships for
students.
18 This access allows authorized personnel to review:
19
The Professional Practices’ Database of Disciplinary Actions Against Educators.
The DOE Teacher Certification Database.
The Disqualification List maintained under state law.
Law Enforcement Notification of Employee Arrests
Law enforcement agencies are required to notify school officials within 48 hours when a school employee is
arrested for a felony offense, child abuse, or the sale or possession of a controlled substance.
20 The notification
must be sent to the district school superintendent, charter school governing board, private school administrator,
university lab school director, or president of the Florida School for the Deaf and the Blind, as applicable.
21
Additionally, within 24 hours, school principals or their designees must notify parents of enrolled students who
had direct contact with the arrested employee and disclose the employee’s name and the specific charges.
22
Self-Reporting Requirements for Employees
Certified teachers must self-report within 48 hours to appropriate authorities, as determined by the school district,
any arrests or charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such
notice is not considered an admission of guilt, and may not be used in any proceeding, civil or criminal,
administrative or judicial, investigatory or adjudicatory. In addition, the individual must self-report any conviction,
finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of
guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within 48 hours after the
final judgment.
23
Instructional and administrative personnel who become aware that a sexual battery has been committed by a
student upon another student are legally required to report the offense to law enforcement.
24
Instructional personnel include classroom teachers, student personnel services staff, librarians, and other staff
providing direct instructional support.
25 Administrative personnel include school-based administrators, such as
principals, and district-based instructional and noninstructional administrators.
26
Temporary Removal of Instructional Personnel
District school boards are responsible for establishing policies related to the employment and discipline of
instructional personnel, including appointment, promotion, suspension, and dismissal of employees.
27 The law
does not currently mandate the temporary removal of instructional personnel following an arrest. However, school
16
Section 1001.10(4)(b), F.S.
17
Section 1001.10(4)(c), F.S.
18
Section 1001.10(5), F.S.
19
Section 1001.10(5), F.S.
20
Section 1012.797, F.S.
21
Section 1012.797, F.S.
22
Section 1012.797, F.S.
23
Rule 6A-10.081(2)(b)13., F.A.C.
24
Section 1012.799(1), F.S.
25
Section 1012.01(2), F.S.
26
Section 1012.01(3), F.S.
27
Section 1012.22(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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boards have the authority to suspend or dismiss employees in accordance with applicable laws and district
policies.
28
Investigation and Disciplinary Procedures for Educators
The DOE investigates legally sufficient complaints against certified educators, including those whose certificates
have expired if the alleged misconduct occurred while they were certified.
29
Mandatory Reporting by School Districts
School districts must report legally sufficient complaints to the DOE within 30 days, regardless of whether the
educator remains employed.
30 If an educator resigns or is terminated before an investigation is completed, the DOE
must:
Place an alert on the person’s certification file.
31
Add the individual to the disqualification list, preventing future employment in schools.
32
Suspension of Educators
If an allegation involves student health, safety, or welfare, the district school superintendent must take immediate
action:
33
Suspend the educator with pay.
Remove the individual from any position involving direct student contact.
Maintain the suspension until a legally sufficient complaint is submitted, with the school district required
to complete disciplinary proceedings within one year.
School District Policies and Accountability
School districts must establish policies for educator screening, misconduct reporting, and personnel
reassignment.
34 Superintendents who fail to report misconduct may face penalties, including salary forfeiture for
one year.
35
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/SB 676 Trabulsy Grall Became law on July 1, 2024,
except as otherwise provided.
2022 SB 2524 Fine Broxson Became law on July 1. 2022,
except as otherwise provided.
28
Section 1012.22(1)(f), F.S.
29
Section 1012.796(1)(a), F.S.
30
Section 1012.796(1)(d)1., F.S.
31
Section 1012.796(1)(d)2., F.S.
32
Section 1012.796(1)(e), F.S.
33
Section 1012.796(5), F.S.
34
Section 1012.796(1)(d), F.S.
35
Section 1012.796(1)(d)4., F.S. (citing s. 1001.51(12), F.S.). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Education Administration
Subcommittee
13 Y, 4 N, As CS 4/2/2025 Sleap Wolff
THE CHANGES ADOPTED BY THE
COMMITTEE:
• Clarified that the background screening of school volunteers is at the
discretion of the school district and authorized the use of specified background
screening systems should school districts elect to require such background
screenings.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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