January 27, 2020
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Senate Bill 0154

Senate Bill sb0154c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 154

    By the Committee on Education; and Senator Saunders





    304-969-04

  1                      A bill to be entitled

  2         An act relating to school district employees

  3         and contractors; amending ss. 1002.33, 1012.32,

  4         1012.56, 1012.57, F.S.; requiring background

  5         screening, initially and periodically, of

  6         charter school employees and members of the

  7         governing board; requiring background

  8         screening, initially and periodically, of

  9         persons certified under ch. 1012, F.S.;

10         requiring background screening, initially and

11         periodically, of adjunct educators; requiring

12         both instructional and noninstructional

13         personnel of charter schools to undergo

14         background screening by filing fingerprints

15         with the school board of the district within

16         which the charter school is located; providing

17         that contractors have the same probationary

18         status as employees; providing duties of the

19         Department of Law Enforcement with respect to

20         retention of fingerprint records submitted on

21         behalf of school employees and contractors;

22         creating s. 1012.465, F.S.; requiring

23         background screening, initially and

24         periodically, of certain noninstructional

25         personnel and contractors with the school

26         district; requiring any such person to report

27         his or her conviction of a disqualifying

28         offense; providing that noninstructional

29         personnel may perform certain services before

30         the results of the screening have been

31         reported, with limitations; providing for

                                  1

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1         suspending any such personnel who do not meet

 2         the screening requirements and revoking or

 3         suspending the certification of any such

 4         certified person; providing for appeal;

 5         providing that the school district or the

 6         employee may pay for the screening; providing

 7         an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Paragraph (g) of subsection (12) of section

12  1002.33, Florida Statutes, is amended to read:

13         1002.33  Charter schools.--

14         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

15         (g)  A charter school shall employ or contract with

16  employees who have undergone background screening been

17  fingerprinted as provided in s. 1012.32. Members of the

18  governing board of the charter school shall also undergo

19  background screening be fingerprinted in a manner similar to

20  that provided in s. 1012.32.

21         Section 2.  Subsection (2) of section 1012.32, Florida

22  Statutes, is amended to read:

23         1012.32  Qualifications of personnel.--

24         (2)(a)  Instructional and noninstructional personnel

25  who are hired to fill positions requiring direct contact with

26  students in any district school system or university lab

27  school shall, upon employment, undergo background screening as

28  required under s. 1012.56 or s. 1012.465, whichever is

29  applicable file a complete set of fingerprints taken by an

30  authorized law enforcement officer or an employee of the

31  school or district who is trained to take fingerprints.

                                  2

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1  Instructional and noninstructional personnel who are hired or

 2  contracted to fill positions in any charter school and members

 3  of the governing board of any charter school, in compliance

 4  with s. 1002.33(12)(g), shall, upon employment, engagement of

 5  services, or appointment, undergo background screening as

 6  required under s. 1012.56 or s. 1012.465, whichever is

 7  applicable, by filing with the district school board for the

 8  district in which the charter school is located a complete set

 9  of fingerprints taken by an authorized law enforcement officer

10  or an employee of the school or district who is trained to

11  take fingerprints. These fingerprints shall be submitted to

12  the Department of Law Enforcement for state processing and to

13  the Federal Bureau of Investigation for federal processing.

14  The new employees shall be on probationary status pending

15  fingerprint processing and determination of compliance with

16  standards of good moral character. Employees or contractors

17  found through fingerprint processing to have been convicted of

18  a crime involving moral turpitude may shall not be employed or

19  engaged to provide services in any position requiring direct

20  contact with students. Probationary employees or contractors

21  terminated because of their criminal record shall have the

22  right to appeal such decisions. The cost of the background

23  screening fingerprint processing may be borne by the district

24  school board, the charter school, or the employee, or the

25  contractor.

26         (b)  Personnel who have been fingerprinted or screened

27  pursuant to this subsection and who have not been unemployed

28  for more than 90 days shall not be required to be

29  refingerprinted or rescreened in order to comply with the

30  requirements of this subsection.

31  

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1         (b)  Beginning July 1, 2004, all fingerprints submitted

 2  to the Department of Law Enforcement as required by paragraph

 3  (a), shall be retained by the Department of Law Enforcement

 4  and entered in the statewide automated fingerprint

 5  identification system authorized by s. 943.05(2)(b). Such

 6  fingerprints shall thereafter be available for all purposes

 7  and uses authorized for arrest fingerprint cards entered in

 8  the statewide automated fingerprint identification system

 9  pursuant to s. 943.051.

10         Section 3.  Paragraph (d) of subsection (2) of section

11  1012.56, Florida Statutes, is amended, present subsections

12  (9), (10), (11), (12), (13), (14), and (15) of that section

13  are redesignated as subsections (10), (11), (12), (13), (14),

14  (15), and (16), respectively, and a new subsection (9) is

15  added to that section, to read:

16         1012.56  Educator certification requirements.--

17         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek

18  certification pursuant to this chapter, a person must:

19         (d)  Submit to background screening in accordance with

20  subsection (9) a fingerprint check from the Department of Law

21  Enforcement and the Federal Bureau of Investigation pursuant

22  to s. 1012.32. If the background screening indicates

23  fingerprint reports indicate a criminal history or if the

24  applicant acknowledges a criminal history, the applicant's

25  records shall be referred to the Bureau of Educator Standards

26  for review and determination of eligibility for certification.

27  If the applicant fails to provide the necessary documentation

28  requested by the Bureau of Educator Standards within 90 days

29  after the date of the receipt of the certified mail request,

30  the statement of eligibility and pending application shall

31  become invalid.

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1         (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND

 2  PERIODICALLY.--

 3         (a)  Each person who seeks certification under this

 4  chapter must meet level 2 screening requirements as described

 5  in s. 435.04. A person may satisfy the requirements of this

 6  paragraph by submitting proof of compliance with the

 7  requirements of level 2 screening conducted within 12 months

 8  before the date that person initially obtains certification

 9  under this chapter.

10         (b)  A person may not receive a certificate under this

11  chapter until the level 2 screening has been completed and the

12  results have been submitted to the district school

13  superintendent of the school district that employs him or her.

14  Every 5 years after obtaining initial certification, each

15  person who is required to be certified under this chapter must

16  meet level 2 screening requirements and must submit the

17  results of that screening to the district school

18  superintendent. Under penalty of perjury, each person who is

19  certified under this chapter must agree to inform his or her

20  employer immediately if convicted of any disqualifying offense

21  while he or she is employed in a position for which such

22  certification is required.

23         (c)  If it is found under s. 1012.796 that a person who

24  is employed in a position requiring certification under this

25  chapter does not meet the level 2 requirements, the person's

26  certification shall be immediately revoked or suspended, and

27  he or she shall be immediately suspended from the position

28  requiring certification.

29         Section 4.  Section 1012.57, Florida Statutes, is

30  amended to read:

31         1012.57  Certification of adjunct educators.--

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1         (1)  Notwithstanding the provisions of ss. 1012.32,

 2  1012.55, and 1012.56, or any other provision of law or rule to

 3  the contrary, district school boards may issue an adjunct

 4  teaching certificate to any applicant who fulfills the

 5  requirements of s. 1012.56(2)(a)-(f) and (9) and who has

 6  expertise in the subject area to be taught. An applicant shall

 7  be considered to have expertise in the subject area to be

 8  taught if the applicant has at least a minor in the subject

 9  area or demonstrates sufficient subject area mastery as

10  determined by district school board policy. The adjunct

11  teaching certificate shall be used for part-time teaching

12  positions. The intent of this provision is to allow school

13  districts to tap the wealth of talent and expertise

14  represented in Florida's citizens who may wish to teach

15  part-time in a Florida public school by permitting school

16  districts to issue adjunct certificates. Adjunct

17  certificateholders should be used as a strategy to reduce the

18  teacher shortage; thus, adjunct certificateholders should

19  supplement a school's instructional staff, not supplant it.

20  Each school principal shall assign an experienced peer mentor

21  to assist the adjunct teaching certificateholder during the

22  certificateholder's first year of teaching, and an adjunct

23  certificateholder may participate in a district's new teacher

24  training program. District school boards shall provide the

25  adjunct teaching certificateholder an orientation in classroom

26  management prior to assigning the certificateholder to a

27  school. Each adjunct teaching certificate is valid for 5

28  school years and is renewable if:

29         (a)  The applicant completes a minimum of 60 inservice

30  points or 3 semester hours of college credit. The earned

31  credits must include instruction in classroom management,

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1  district school board procedures, school culture, and other

 2  activities that enhance the professional teaching skills of

 3  the certificateholder.

 4         (b)  The applicant has received satisfactory

 5  performance evaluations during each year of teaching under

 6  adjunct teaching certification.

 7         (2)  Individuals who are certified and employed under

 8  pursuant to this section shall have the same rights and

 9  protection of laws as teachers certified under pursuant to s.

10  1012.56.

11         Section 5.  Section 1012.465, Florida Statutes, is

12  created to read:

13         1012.465  Background screening requirements for certain

14  noninstructional school district employees and contractors.--

15         (1)  Noninstructional school district employees or

16  contractual personnel who have direct contact with minors or

17  access to or control of school funds must meet level 2

18  screening requirements as described in s. 435.04. A person may

19  satisfy the requirements of this subsection by submitting to

20  the district school superintendent proof of compliance with

21  the requirements of level 2 screening conducted within 12

22  months before the date that person initially is employed or

23  under contract to the district in the position requiring such

24  screening under this subsection.

25         (2)  A person who meets the criteria set forth in

26  subsection (1) but who is serving in a noninstructional

27  capacity may provide services before the completion of his or

28  her level 2 screening. However, pending the results of the

29  screening, the person may not be alone with a minor in

30  connection with providing those services.

31  

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    Florida Senate - 2004                            CS for SB 154
    304-969-04




 1         (3)  Every 5 years following employment or entry into a

 2  contract in a capacity described in subsection (1), each

 3  person who is so employed or under contract with the district

 4  must meet level 2 screening requirements and must submit the

 5  results of that screening to the district school

 6  superintendent of the school district that employs or

 7  contracts with him or her. Under penalty of perjury, each

 8  person who is employed or under contract in a capacity

 9  described in subsection (1) must agree to inform his or her

10  employer or the party with whom he or she is under contract

11  immediately if convicted of any disqualifying offense while he

12  or she is employed or under contract in that capacity.

13         (4)  If it is found that a person who is employed or

14  under contract in a capacity described in subsection (1) does

15  not meet the level 2 requirements, the person shall be

16  immediately suspended from working in that capacity and shall

17  remain suspended until any appeal of that suspension has been

18  resolved in his or her favor.

19         Section 6.  This act shall take effect July 1, 2004.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 154

23                                 

24  The committee substitute requires the Department of Law
    Enforcement to retain the fingerprint records of all
25  instructional and noninstructional personnel required to
    undergo background screening in the school districts, charter
26  schools, and university lab schools, and enter the records
    into the statewide automated fingerprint identification
27  system.

28  

29  

30  

31  

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