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Amendment CaShTmL-935042.htm
                                                  SENATE AMENDMENT
    Bill No. CS for SB 2986
    Amendment No. 1   Barcode 935042
                            CHAMBER ACTION
              Senate                               House
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 1                  1/AD/2R        .                    
       04/23/2004 03:18 PM         .                    
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 4  ______________________________________________________________
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10  ______________________________________________________________
11  The Committee on Criminal Justice recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (4) of section 943.0585, Florida
19  Statutes, is amended to read:
20         943.0585  Court-ordered expunction of criminal history
21  records.--The courts of this state have jurisdiction over
22  their own procedures, including the maintenance, expunction,
23  and correction of judicial records containing criminal history
24  information to the extent such procedures are not inconsistent
25  with the conditions, responsibilities, and duties established
26  by this section. Any court of competent jurisdiction may order
27  a criminal justice agency to expunge the criminal history
28  record of a minor or an adult who complies with the
29  requirements of this section. The court shall not order a
30  criminal justice agency to expunge a criminal history record
31  until the person seeking to expunge a criminal history record
                                  1
    5:13 PM   04/13/04                                 s2986.cj.01

SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 has applied for and received a certificate of eligibility for 2 expunction pursuant to subsection (2). A criminal history 3 record that relates to a violation of s. 787.025, chapter 794, 4 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, 5 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 6 893.135, or a violation enumerated in s. 907.041 may not be 7 expunged, without regard to whether adjudication was withheld, 8 if the defendant was found guilty of or pled guilty or nolo 9 contendere to the offense, or if the defendant, as a minor, 10 was found to have committed, or pled guilty or nolo contendere 11 to committing, the offense as a delinquent act. The court may 12 only order expunction of a criminal history record pertaining 13 to one arrest or one incident of alleged criminal activity, 14 except as provided in this section. The court may, at its sole 15 discretion, order the expunction of a criminal history record 16 pertaining to more than one arrest if the additional arrests 17 directly relate to the original arrest. If the court intends 18 to order the expunction of records pertaining to such 19 additional arrests, such intent must be specified in the 20 order. A criminal justice agency may not expunge any record 21 pertaining to such additional arrests if the order to expunge 22 does not articulate the intention of the court to expunge a 23 record pertaining to more than one arrest. This section does 24 not prevent the court from ordering the expunction of only a 25 portion of a criminal history record pertaining to one arrest 26 or one incident of alleged criminal activity. Notwithstanding 27 any law to the contrary, a criminal justice agency may comply 28 with laws, court orders, and official requests of other 29 jurisdictions relating to expunction, correction, or 30 confidential handling of criminal history records or 31 information derived therefrom. This section does not confer 2 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 any right to the expunction of any criminal history record, 2 and any request for expunction of a criminal history record 3 may be denied at the sole discretion of the court. 4 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any 5 criminal history record of a minor or an adult which is 6 ordered expunged by a court of competent jurisdiction pursuant 7 to this section must be physically destroyed or obliterated by 8 any criminal justice agency having custody of such record; 9 except that any criminal history record in the custody of the 10 department must be retained in all cases. A criminal history 11 record ordered expunged that is retained by the department is 12 confidential and exempt from the provisions of s. 119.07(1) 13 and s. 24(a), Art. I of the State Constitution and not 14 available to any person or entity except upon order of a court 15 of competent jurisdiction. A criminal justice agency may 16 retain a notation indicating compliance with an order to 17 expunge. 18 (a) The person who is the subject of a criminal 19 history record that is expunged under this section or under 20 other provisions of law, including former s. 893.14, former s. 21 901.33, and former s. 943.058, may lawfully deny or fail to 22 acknowledge the arrests covered by the expunged record, except 23 when the subject of the record: 24 1. Is a candidate for employment with a criminal 25 justice agency; 26 2. Is a defendant in a criminal prosecution; 27 3. Concurrently or subsequently petitions for relief 28 under this section or s. 943.059; 29 4. Is a candidate for admission to The Florida Bar; 30 5. Is seeking to be employed or licensed by or to 31 contract with the Department of Children and Family Services 3 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 or the Department of Juvenile Justice or to be employed or 2 used by such contractor or licensee in a sensitive position 3 having direct contact with children, the developmentally 4 disabled, the aged, or the elderly as provided in s. 5 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 6 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 7 985.407, or chapter 400; or 8 6. Is seeking to be employed or licensed by the Office 9 of Teacher Education, Certification, Staff Development, and 10 Professional Practices of the Department of Education, any 11 district school board, any university laboratory school, any 12 charter school, any private or parochial school, or any local 13 governmental entity that licenses child care facilities. 14 (b) Subject to the exceptions in paragraph (a), a 15 person who has been granted an expunction under this section, 16 former s. 893.14, former s. 901.33, or former s. 943.058 may 17 not be held under any provision of law of this state to commit 18 perjury or to be otherwise liable for giving a false statement 19 by reason of such person's failure to recite or acknowledge an 20 expunged criminal history record. 21 (c) Information relating to the existence of an 22 expunged criminal history record which is provided in 23 accordance with paragraph (a) is confidential and exempt from 24 the provisions of s. 119.07(1) and s. 24(a), Art. I of the 25 State Constitution, except that the department shall disclose 26 the existence of a criminal history record ordered expunged to 27 the entities set forth in subparagraphs (a)1., 4., 5., and 6. 28 for their respective licensing and employment purposes, and to 29 criminal justice agencies for their respective criminal 30 justice purposes. It is unlawful for any employee of an entity 31 set forth in subparagraph (a)1., subparagraph (a)4., 4 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 subparagraph (a)5., or subparagraph (a)6. to disclose 2 information relating to the existence of an expunged criminal 3 history record of a person seeking employment or licensure 4 with such entity or contractor, except to the person to whom 5 the criminal history record relates or to persons having 6 direct responsibility for employment or licensure decisions. 7 Any person who violates this paragraph commits a misdemeanor 8 of the first degree, punishable as provided in s. 775.082 or 9 s. 775.083. 10 Section 2. Subsection (4) of section 943.059, Florida 11 Statutes, is amended to read: 12 943.059 Court-ordered sealing of criminal history 13 records.--The courts of this state shall continue to have 14 jurisdiction over their own procedures, including the 15 maintenance, sealing, and correction of judicial records 16 containing criminal history information to the extent such 17 procedures are not inconsistent with the conditions, 18 responsibilities, and duties established by this section. Any 19 court of competent jurisdiction may order a criminal justice 20 agency to seal the criminal history record of a minor or an 21 adult who complies with the requirements of this section. The 22 court shall not order a criminal justice agency to seal a 23 criminal history record until the person seeking to seal a 24 criminal history record has applied for and received a 25 certificate of eligibility for sealing pursuant to subsection 26 (2). A criminal history record that relates to a violation of 27 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 28 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 29 s. 847.0145, s. 893.135, or a violation enumerated in s. 30 907.041 may not be sealed, without regard to whether 31 adjudication was withheld, if the defendant was found guilty 5 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 of or pled guilty or nolo contendere to the offense, or if the 2 defendant, as a minor, was found to have committed or pled 3 guilty or nolo contendere to committing the offense as a 4 delinquent act. The court may only order sealing of a criminal 5 history record pertaining to one arrest or one incident of 6 alleged criminal activity, except as provided in this section. 7 The court may, at its sole discretion, order the sealing of a 8 criminal history record pertaining to more than one arrest if 9 the additional arrests directly relate to the original arrest. 10 If the court intends to order the sealing of records 11 pertaining to such additional arrests, such intent must be 12 specified in the order. A criminal justice agency may not seal 13 any record pertaining to such additional arrests if the order 14 to seal does not articulate the intention of the court to seal 15 records pertaining to more than one arrest. This section does 16 not prevent the court from ordering the sealing of only a 17 portion of a criminal history record pertaining to one arrest 18 or one incident of alleged criminal activity. Notwithstanding 19 any law to the contrary, a criminal justice agency may comply 20 with laws, court orders, and official requests of other 21 jurisdictions relating to sealing, correction, or confidential 22 handling of criminal history records or information derived 23 therefrom. This section does not confer any right to the 24 sealing of any criminal history record, and any request for 25 sealing a criminal history record may be denied at the sole 26 discretion of the court. 27 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A 28 criminal history record of a minor or an adult which is 29 ordered sealed by a court of competent jurisdiction pursuant 30 to this section is confidential and exempt from the provisions 31 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution 6 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 and is available only to the person who is the subject of the 2 record, to the subject's attorney, to criminal justice 3 agencies for their respective criminal justice purposes, or to 4 those entities set forth in subparagraphs (a)1., 4., 5., and 5 6. for their respective licensing and employment purposes. 6 (a) The subject of a criminal history record sealed 7 under this section or under other provisions of law, including 8 former s. 893.14, former s. 901.33, and former s. 943.058, may 9 lawfully deny or fail to acknowledge the arrests covered by 10 the sealed record, except when the subject of the record: 11 1. Is a candidate for employment with a criminal 12 justice agency; 13 2. Is a defendant in a criminal prosecution; 14 3. Concurrently or subsequently petitions for relief 15 under this section or s. 943.0585; 16 4. Is a candidate for admission to The Florida Bar; 17 5. Is seeking to be employed or licensed by or to 18 contract with the Department of Children and Family Services 19 or the Department of Juvenile Justice or to be employed or 20 used by such contractor or licensee in a sensitive position 21 having direct contact with children, the developmentally 22 disabled, the aged, or the elderly as provided in s. 23 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s. 24 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 25 415.103, s. 985.407, or chapter 400; or 26 6. Is seeking to be employed or licensed by the Office 27 of Teacher Education, Certification, Staff Development, and 28 Professional Practices of the Department of Education, any 29 district school board, any university laboratory school, any 30 charter school, any private or parochial school, or any local 31 governmental entity that which licenses child care facilities. 7 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 (b) Subject to the exceptions in paragraph (a), a 2 person who has been granted a sealing under this section, 3 former s. 893.14, former s. 901.33, or former s. 943.058 may 4 not be held under any provision of law of this state to commit 5 perjury or to be otherwise liable for giving a false statement 6 by reason of such person's failure to recite or acknowledge a 7 sealed criminal history record. 8 (c) Information relating to the existence of a sealed 9 criminal record provided in accordance with the provisions of 10 paragraph (a) is confidential and exempt from the provisions 11 of s. 119.07(1) and s. 24(a), Art. I of the State 12 Constitution, except that the department shall disclose the 13 sealed criminal history record to the entities set forth in 14 subparagraphs (a)1., 4., 5., and 6. for their respective 15 licensing and employment purposes. It is unlawful for any 16 employee of an entity set forth in subparagraph (a)1., 17 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. 18 to disclose information relating to the existence of a sealed 19 criminal history record of a person seeking employment or 20 licensure with such entity or contractor, except to the person 21 to whom the criminal history record relates or to persons 22 having direct responsibility for employment or licensure 23 decisions. Any person who violates the provisions of this 24 paragraph commits a misdemeanor of the first degree, 25 punishable as provided in s. 775.082 or s. 775.083. 26 Section 3. Paragraph (g) of subsection (12) of section 27 1002.33, Florida Statutes, is amended to read: 28 1002.33 Charter schools.-- 29 (12) EMPLOYEES OF CHARTER SCHOOLS.-- 30 (g) A charter school shall employ or contract with 31 employees who have undergone background screening been 8 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 fingerprinted as provided in s. 1012.32. Members of the 2 governing board of the charter school shall also undergo 3 background screening be fingerprinted in a manner similar to 4 that provided in s. 1012.32. 5 Section 4. Subsection (4) of section 1004.04, Florida 6 Statutes, is amended, subsections (10), (11), and (12) are 7 renumbered as subsections (11), (12), and (13), respectively, 8 and a new subsection (10) is added to that section, to read: 9 1004.04 Public accountability and state approval for 10 teacher preparation programs.-- 11 (4) INITIAL STATE PROGRAM APPROVAL.-- 12 (a) A program approval process based on standards 13 adopted pursuant to subsections (2) and (3) must be 14 established for postsecondary teacher preparation programs, 15 phased in according to timelines determined by the Department 16 of Education, and fully implemented for all teacher 17 preparation programs in the state. Each program shall be 18 approved by the department, consistent with the intent set 19 forth in subsection (1) and based primarily upon significant, 20 objective, and quantifiable graduate performance measures. 21 (b) Each teacher preparation program approved by the 22 Department of Education, as provided for by this section, 23 shall require students to meet the following as prerequisites 24 for admission into the program: 25 1. Have a grade point average of at least 2.5 on a 4.0 26 scale for the general education component of undergraduate 27 studies or have completed the requirements for a baccalaureate 28 degree with a minimum grade point average of 2.5 on a 4.0 29 scale from any college or university accredited by a regional 30 accrediting association as defined by State Board of Education 31 rule or any college or university otherwise approved pursuant 9 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 to State Board of Education rule. 2 2. Demonstrate mastery of general knowledge, including 3 the ability to read, write, and compute, by passing the 4 General Knowledge Test of the Florida Teacher Certification 5 Examination, the College Level Academic Skills Test, a 6 corresponding component of the National Teachers Examination 7 series, or a similar test pursuant to rules of the State Board 8 of Education. 9 10 Each teacher preparation program may waive these admissions 11 requirements for up to 10 percent of the students admitted. 12 Programs shall implement strategies to ensure that students 13 admitted under a waiver receive assistance to demonstrate 14 competencies to successfully meet requirements for 15 certification. 16 (c) Each teacher preparation program approved by the 17 Department of Education, as provided for by this section, 18 shall provide a certification ombudsman to facilitate the 19 process and procedures required for graduates to obtain 20 educator professional or temporary certification pursuant to 21 s. 1012.56. 22 (10) SHORT-TERM EXPERIENCES AS TEACHER 23 ASSISTANTS.--Postsecondary institutions offering teacher 24 preparation programs and community colleges, in collaboration 25 with school districts, may develop and implement a program to 26 provide short-term experiences as teacher assistants prior to 27 beginning a teacher preparation program or alternative 28 certification program. The program shall serve individuals 29 with baccalaureate degrees who are interested in the teaching 30 profession. This experience may be accepted for use in teacher 31 preparation programs and competency-based alternative 10 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 certification programs, where applicable. 2 Section 5. Section 1004.85, Florida Statutes, is 3 created to read: 4 1004.85 Postsecondary educator preparation 5 institutes.-- 6 (1) As used in this section, "educator preparation 7 institute" means an institute created by a postsecondary 8 institution and approved by the Department of Education. 9 (2) Postsecondary institutions that are accredited or 10 approved as described in state board rule may seek approval 11 from the Department of Education to create educator 12 preparation institutes for the purpose of providing any or all 13 of the following: 14 (a) Professional development instruction to assist 15 teachers in improving classroom instruction and in meeting 16 certification or recertification requirements. 17 (b) Instruction to assist potential and existing 18 substitute teachers in performing their duties. 19 (c) Instruction to assist paraprofessionals in meeting 20 education and training requirements. 21 (d) Instruction for baccalaureate degree holders to 22 become certified teachers as provided in this section in order 23 to increase routes to the classroom for mid-career 24 professionals who hold a baccalaureate degree and college 25 graduates who were not education majors. 26 (3) Educator preparation institutes approved pursuant 27 to this section may offer alternative certification programs 28 specifically designed for noneducation major baccalaureate 29 degree holders to enable program participants to meet the 30 educator certification requirements of s. 1012.56. Such 31 programs shall be competency-based educator certification 11 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 preparation programs that prepare educators through an 2 alternative route. An educator preparation institute choosing 3 to offer an alternative certification program pursuant to the 4 provisions of this section must implement a program previously 5 approved by the Department of Education for this purpose or a 6 program developed by the institute and approved by the 7 department for this purpose. Approved programs shall be 8 available for use by other approved educator preparation 9 institutes. 10 (a) Within 90 days after receipt of a request for 11 approval, the Department of Education shall approve an 12 alternative certification program or issue a statement of the 13 deficiencies in the request for approval. The department shall 14 approve an alternative certification program if the institute 15 provides sufficient evidence of the following: 16 1. Instruction must be provided in professional 17 knowledge and subject matter content that includes 18 educator-accomplished practices and competencies specified in 19 State Board of Education rule and meets subject matter content 20 requirements, professional competency testing requirements, 21 and competencies associated with teaching scientifically based 22 reading instruction and strategies that research has shown to 23 be successful in improving reading among low-performing 24 readers. 25 2. The program must provide field experience with 26 supervision from qualified educators. 27 3. The program must provide a certification ombudsman 28 to facilitate the process and procedures required for 29 participants who complete the program to meet any requirements 30 related to the background screening pursuant to s. 1012.32 and 31 educator professional or temporary certification pursuant to 12 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 s. 1012.56. 2 (b) Each program participant must: 3 1. Meet certification requirements pursuant to s. 4 1012.56(1) by obtaining a statement of status of eligibility 5 and meet the requirements of s. 1012.56(2)(a)-(f). 6 2. Participate in field experience that is appropriate 7 to his or her educational plan. 8 3. Fully demonstrate his or her ability to teach the 9 subject area for which he or she is seeking certification and 10 demonstrate mastery of professional preparation and education 11 competence by achievement of a passing score on the 12 professional education competency examination required by 13 state board rule prior to completion of the program. 14 (c) Upon completion of an alternative certification 15 program approved pursuant to this subsection, a participant 16 shall receive a credential from the sponsoring institution 17 signifying satisfaction of the requirements of s. 1012.56(5) 18 relating to mastery of professional preparation and education 19 competence. A participant shall be eligible for educator 20 certification through the Department of Education upon 21 satisfaction of all requirements for certification set forth 22 in s. 1012.56(2), including demonstration of mastery of 23 general knowledge, subject area knowledge, and professional 24 preparation and education competence, through testing or other 25 statutorily authorized means. 26 (d) If an institution offers an alternative 27 certification program approved pursuant to this subsection, 28 such program may be used by the school district or districts 29 served by that institution in addition to the alternative 30 certification program as required in s. 1012.56(7). 31 (4) Each institute approved pursuant to this section 13 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 shall submit to the Department of Education annual performance 2 evaluations that measure the effectiveness of the programs, 3 including the pass rates of participants on all examinations 4 required for teacher certification, employment rates, 5 longitudinal retention rates, and employer satisfaction 6 surveys. The employer satisfaction surveys must be designed to 7 measure the sufficient preparation of the educator to enter 8 the classroom. These evaluations shall be used by the 9 Department of Education for purposes of continued approval of 10 an educator preparation institute's alternative certification 11 program. 12 (5) Instructors for an alternative certification 13 program approved pursuant to this section must possess a 14 master's degree in education or a master's degree in an 15 appropriate related field and document teaching experience. 16 (6) Educator preparation institutes approved pursuant 17 to this section and providing approved instructional programs 18 for any of the purposes in subsection (2) are eligible for 19 funding from federal and state funds, as appropriated by the 20 Legislature. 21 (7) The State Board of Education may adopt rules 22 pursuant to ss. 120.536(1) and 120.54 to implement the 23 provisions of this section. 24 Section 6. Subsection (2) of section 1012.01, Florida 25 Statutes, is amended to read: 26 1012.01 Definitions.--Specific definitions shall be as 27 follows, and wherever such defined words or terms are used in 28 the Florida K-20 Education Code, they shall be used as 29 follows: 30 (2) INSTRUCTIONAL PERSONNEL.--"Instructional 31 personnel" means any K-12 staff member whose function includes 14 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 the provision of direct instructional services to students. 2 Instructional personnel also includes K-12 personnel whose 3 functions provide direct support in the learning process of 4 students. Included in the classification of instructional 5 personnel are the following K-12 personnel: 6 (a) Classroom teachers.--Classroom teachers are staff 7 members assigned the professional activity of instructing 8 students in courses in classroom situations, including basic 9 instruction, exceptional student education, career and 10 technical education, and adult education, including substitute 11 teachers. 12 (b) Student personnel services.--Student personnel 13 services include staff members responsible for: advising 14 students with regard to their abilities and aptitudes, 15 educational and occupational opportunities, and personal and 16 social adjustments; providing placement services; performing 17 educational evaluations; and similar functions. Included in 18 this classification are guidance counselors, social workers, 19 occupational/placement specialists, and school psychologists. 20 (c) Librarians/media specialists.--Librarians/media 21 specialists are staff members responsible for providing school 22 library media services. These employees are responsible for 23 evaluating, selecting, organizing, and managing media and 24 technology resources, equipment, and related systems; 25 facilitating access to information resources beyond the 26 school; working with teachers to make resources available in 27 the instructional programs; assisting teachers and students in 28 media productions; and instructing students in the location 29 and use of information resources. 30 (d) Other instructional staff.--Other instructional 31 staff are staff members who are part of the instructional 15 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 staff but are not classified in one of the categories 2 specified in paragraphs (a)-(c). Included in this 3 classification are primary specialists, learning resource 4 specialists, instructional trainers, adjunct educators 5 certified pursuant to s. 1012.57, and similar positions. 6 (e) Education paraprofessionals.--Education 7 paraprofessionals are individuals who are under the direct 8 supervision of an instructional staff member, aiding the 9 instructional process. Included in this classification are 10 classroom paraprofessionals in regular instruction, 11 exceptional education paraprofessionals, career education 12 paraprofessionals, adult education paraprofessionals, library 13 paraprofessionals, physical education and playground 14 paraprofessionals, and other school-level paraprofessionals. 15 Section 7. Section 1012.05, Florida Statutes, is 16 amended to read: 17 1012.05 Teacher recruitment and retention.-- 18 (1) The Department of Education, in cooperation with 19 teacher organizations, district personnel offices, and 20 schools, colleges, and departments of all public and nonpublic 21 postsecondary educational institutions, shall concentrate on 22 the recruitment and retention of qualified teachers. 23 (2) The Department of Education shall: 24 (a) Develop and implement a system for posting 25 teaching vacancies and establish a database of teacher 26 applicants that is accessible within and outside the state. 27 (b) Advertise in major newspapers, national 28 professional publications, and other professional publications 29 and in public and nonpublic postsecondary educational 30 institutions. 31 (c) Utilize state and nationwide toll-free numbers. 16 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 (d) Conduct periodic communications with district 2 personnel directors regarding applicants. 3 (e) Provide district access to the applicant database 4 by computer or telephone. 5 (f) Develop and distribute promotional materials 6 related to teaching as a career. 7 (g) Publish and distribute information pertaining to 8 employment opportunities, application procedures, and all 9 routes toward teacher certification in Florida, and teacher 10 salaries. 11 (h) Provide information related to certification 12 procedures. 13 (i) Develop and sponsor the Florida Future Educator of 14 America Program throughout the state. 15 (j) Develop, in consultation with school district 16 staff including, but not limited to, district school 17 superintendents, district school board members, and district 18 human resources personnel, a long-range plan for educator 19 recruitment and retention. 20 (k) Identify best practices for retaining high-quality 21 teachers. 22 (l) Develop, in consultation with Workforce Florida, 23 Inc., and the Agency for Workforce Innovation, created 24 pursuant to ss. 445.004 and 20.50, respectively, a plan for 25 accessing and identifying available resources in the state's 26 workforce system for the purpose of enhancing teacher 27 recruitment and retention. 28 (m) Create guidelines and identify best practices for 29 the mentors of first-time teachers and for new teacher-support 30 programs that focus on the professional assistance needed by 31 first-time teachers throughout the first year of teaching. The 17 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 department shall consult with the Florida Center for Reading 2 Research and the Just Read, Florida! Office in developing the 3 guidelines. 4 (n)(m) Develop and implement a First Response Center 5 to provide educator candidates one-stop shopping for 6 information on teaching careers in Florida and establish the 7 Teacher Lifeline Network to provide online support to 8 beginning teachers and those needing assistance. 9 (o) Develop and implement an online Teacher Toolkit 10 that contains a menu of resources, based on the Sunshine State 11 Standards, that all teachers can use to enhance classroom 12 instruction and increase teacher effectiveness, thus resulting 13 in improved student achievement. 14 (p) Establish a week designated as Educator 15 Appreciation Week to recognize the significant contributions 16 made by educators to their students and school communities. 17 (q) The Department of Education shall notify each 18 teacher, via e-mail, of each item in the General 19 Appropriations Act and legislation that affects teachers, 20 including, but not limited to, the Excellent Teaching Program, 21 the Teachers Lead Program, liability insurance protection for 22 teachers, death benefits for teachers, substantive 23 legislation, rules of the State Board of Education, and issues 24 concerning student achievement. 25 (3)(a) Each school board shall adopt policies relating 26 to mentors and support for first-time teachers based upon 27 guidelines issued by the Department of Education. 28 (b) By September 15 and February 15 each school year, 29 each school district shall electronically submit accurate 30 public school e-mail addresses for all instructional and 31 administrative personnel, as identified in s. 1012.01(2) and 18 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 (3), to the Department of Education. 2 (4)(3) The Department of Education, in cooperation 3 with district personnel offices, shall sponsor a job fair in a 4 central part of the state to match in-state educators and 5 potential educators and out-of-state educators and potential 6 educators with teaching opportunities in this state. 7 (5)(4) Subject to proviso in the General 8 Appropriations Act, the Commissioner of Education may use 9 funds appropriated by the Legislature and funds from federal 10 grants and other sources to provide incentives for teacher 11 recruitment and preparation programs. The purpose of the use 12 of such funds is to recruit and prepare individuals who do not 13 graduate from state-approved teacher preparation programs to 14 teach in a Florida public school. The commissioner may 15 contract with entities other than, and including, approved 16 teacher preparation programs to provide intensive teacher 17 training leading to passage of the required certification 18 exams for the desired subject area or coverage. The 19 commissioner shall survey school districts to evaluate the 20 effectiveness of such programs. 21 (6) The Commissioner of Education shall take steps 22 that provide flexibility and consistency in meeting the highly 23 qualified teacher criteria as defined in the No Child Left 24 Behind Act of 2001 through a High, Objective, Uniform State 25 Standard of Evaluation (HOUSSE). 26 Section 8. Subsections (1) and (3) of section 27 1012.231, Florida Statutes, are amended to read: 28 1012.231 BEST Florida Teaching salary career ladder 29 program; assignment of teachers.-- 30 (1) SALARY CAREER LADDER FOR CLASSROOM 31 TEACHERS.--Beginning with the 2005-2006 2004-2005 academic 19 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 year, each district school board shall implement a salary 2 career ladder for classroom teachers as defined in s. 3 1012.01(2)(a). Performance shall be defined as designated in 4 s. 1012.34(3)(a)1.-7. District school boards shall designate 5 categories of classroom teachers reflecting these salary 6 career ladder levels as follows: 7 (a) Associate teacher.--Classroom teachers in the 8 school district who have not yet received a professional 9 certificate or those with a professional certificate who are 10 evaluated as low-performing teachers. 11 (b) Professional teacher.--Classroom teachers in the 12 school district who have received a professional certificate. 13 (c) Lead teacher.--Classroom teachers in the school 14 district who are responsible for leading others in the school 15 as department chair, lead teacher, grade-level leader, intern 16 coordinator, or professional development coordinator. Lead 17 teachers must participate on a regular basis in the direct 18 instruction of students and serve as faculty for professional 19 development activities as determined by the State Board of 20 Education. To be eligible for designation as a lead teacher, a 21 teacher must demonstrate outstanding performance pursuant to 22 s. 1012.34(3)(a)1.-7. and must have been a "professional 23 teacher" pursuant to paragraph (b) for at least 1 year. 24 (d) Mentor teacher.--Classroom teachers in the school 25 district who serve as regular mentors to other teachers who 26 are either not performing satisfactorily or who strive to 27 become more proficient. Mentor teachers must serve as 28 faculty-based professional development coordinators and 29 regularly demonstrate and share their expertise with other 30 teachers in order to remain mentor teachers. Mentor teachers 31 must also participate on a regular basis in the direct 20 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 instruction of low-performing students. To be eligible for 2 designation as a mentor teacher, a teacher must demonstrate 3 outstanding performance pursuant to s. 1012.34(3)(a)1.-7. and 4 must have been a "lead teacher" pursuant to paragraph (c) for 5 at least 2 two years. 6 7 Promotion of a teacher to a higher level on the salary career 8 ladder shall be based upon prescribed performance criteria and 9 not based upon length of service. 10 (3) STATE BOARD AND SCHOOL DISTRICT PLANS.--The State 11 Board of Education shall develop a long-range plan to 12 implement a differentiated pay model for teachers beginning in 13 the 2005-2006 2004-2005 academic year, based upon the 14 differentiated classroom teacher categories in subsection (1). 15 No later than December 1, 2003, the State Board of Education 16 shall approve guidelines and criteria for the district plans. 17 District school boards shall develop plans to implement the 18 salary career ladder prescribed in this section and submit 19 these plans to the State Board of Education by March 1, 2004. 20 Section 9. Section 1012.32, Florida Statutes, is 21 amended, to read: 22 1012.32 Qualifications of personnel.-- 23 (1) To be eligible for appointment in any position in 24 any district school system, a person shall be of good moral 25 character; shall have attained the age of 18 years, if he or 26 she is to be employed in an instructional capacity; and shall, 27 when required by law, hold a certificate or license issued 28 under rules of the State Board of Education or the Department 29 of Children and Family Services, except when employed pursuant 30 to s. 1012.55 or under the emergency provisions of s. 1012.24. 31 Previous residence in this state shall not be required in any 21 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 school of the state as a prerequisite for any person holding a 2 valid Florida certificate or license to serve in an 3 instructional capacity. 4 (2)(a) Instructional and noninstructional personnel 5 who are hired or contracted to fill positions requiring direct 6 contact with students in any district school system or 7 university lab school shall, upon employment or engagement to 8 provide services, undergo background screening as required 9 under s. 1012.56 or s. 1012.465, whichever is applicable, file 10 a complete set of fingerprints taken by an authorized law 11 enforcement officer or an employee of the school or district 12 who is trained to take fingerprints. 13 (b) Instructional and noninstructional personnel who 14 are hired or contracted to fill positions in any charter 15 school and members of the governing board of any charter 16 school, in compliance with s. 1002.33(12)(g), shall, upon 17 employment, engagement of services, or appointment, undergo 18 background screening as required under s. 1012.56 or s. 19 1012.465, whichever is applicable, by filing with the district 20 school board for the school district in which the charter 21 school is located a complete set of fingerprints taken by an 22 authorized law enforcement agency or an employee of the school 23 or school district who is trained to take fingerprints. 24 (c) Instructional and noninstructional personnel who 25 are hired or contracted to fill positions requiring direct 26 contact with students in an alternative school that operates 27 under contract with a district school system shall, upon 28 employment or engagement to provide services, undergo 29 background screening as required under s. 1012.56 or s. 30 1012.465, whichever is applicable, by filing with the district 31 school board for the school district to which the alternative 22 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 school is under contract a complete set of fingerprints taken 2 by an authorized law enforcement agency or an employee of the 3 school or school district who is trained to take fingerprints. 4 (d) Student teachers, persons participating in a 5 field experience pursuant to s. 1004.04(6) or s. 1004.85, and 6 persons participating in a short-term experience as a teacher 7 assistant pursuant to s. 1004.04(10) in any district school 8 system, lab school, or charter school shall, upon engagement 9 to provide services, undergo background screening as required 10 under s. 1012.56. 11 12 These Fingerprints shall be submitted to the Department of Law 13 Enforcement for state processing and to the Federal Bureau of 14 Investigation for federal processing. Persons subject to this 15 subsection The new employees shall be on probationary status 16 pending fingerprint processing and determination of compliance 17 with standards of good moral character. Employees found 18 through fingerprint processing to have been convicted of a 19 crime involving moral turpitude shall not be employed, engaged 20 to provide services, or serve in any position requiring direct 21 contact with students. Probationary persons subject to this 22 subsection employees terminated because of their criminal 23 record shall have the right to appeal such decisions. The cost 24 of the background screening fingerprint processing may be 25 borne by the district school board, the charter school, or the 26 employee, the contractor, or a person subject to this 27 subsection. 28 (b) Personnel who have been fingerprinted or screened 29 pursuant to this subsection and who have not been unemployed 30 for more than 90 days shall not be required to be 31 refingerprinted or rescreened in order to comply with the 23 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 requirements of this subsection. 2 (3)(a) Beginning July 1, 2004, all fingerprints 3 submitted to the Department of Law Enforcement as required by 4 subsection (2) shall be retained by the Department of Law 5 Enforcement in a manner provided by rule and entered in the 6 statewide automated fingerprint identification system 7 authorized by s. 943.05(2)(b). Such fingerprints shall 8 thereafter be available for all purposes and uses authorized 9 for arrest fingerprint cards entered in the statewide 10 automated fingerprint identification system pursuant to s. 11 943.051. 12 (b) Beginning December 15, 2004, the Department of Law 13 Enforcement shall search all arrest fingerprint cards received 14 under s. 943.051 against the fingerprints retained in the 15 statewide automated fingerprint identification system under 16 paragraph (a). Any arrest record that is identified with the 17 retained fingerprints of a person subject to the background 18 screening under this section shall be reported to the 19 employing or contracting school district or the school 20 district with which the person is affiliated. Each school 21 district is required to participate in this search process by 22 payment of an annual fee to the Department of Law Enforcement 23 and by informing the Department of Law Enforcement of any 24 change in the affiliation, employment, or contractual status 25 or place of affiliation, employment, or contracting of its 26 instructional and noninstructional personnel whose 27 fingerprints are retained under paragraph (a). The Department 28 of Law Enforcement shall adopt a rule setting the amount of 29 the annual fee to be imposed upon each school district for 30 performing these searches and establishing the procedures for 31 the retention of instructional and noninstructional personnel 24 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 fingerprints and the dissemination of search results. The fee 2 may be borne by the district school board, the contractor, or 3 the person fingerprinted. 4 (c) Personnel whose fingerprints are not retained by 5 the Department of Law Enforcement under paragraphs (a) and (b) 6 are required to be refingerprinted and must meet level 2 7 screening requirements as described in this section upon 8 reemployment or reengagement to provide services in order to 9 comply with the requirements of this subsection. 10 Section 10. Paragraph (g) of subsection (3) of section 11 1012.33, Florida Statutes, is amended to read: 12 1012.33 Contracts with instructional staff, 13 supervisors, and school principals.-- 14 (3) 15 (g) Beginning July 1, 2001, for each employee who 16 enters into a written contract, pursuant to this section, in a 17 school district in which the employee was not employed as of 18 June 30, 2001, or was employed as of June 30, 2001, but has 19 since broken employment with that district for 1 school year 20 or more, for purposes of pay, a district school board must 21 recognize and accept each year of full-time public school 22 teaching service earned in the State of Florida or outside the 23 state and for which the employee received a satisfactory 24 performance evaluation. Instructional personnel employed 25 pursuant to s. 121.091(9)(b)3. are exempt from the provisions 26 of this paragraph. 27 Section 11. Section 1012.35, Florida Statutes, is 28 amended to read: 29 1012.35 Substitute teachers.-- 30 (1) Each district school board shall adopt rules 31 prescribing the compensation of, and the procedure for 25 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 employment of, substitute teachers. 2 (a) The Such procedure for employment must shall 3 include, but is not limited to, the filing of a complete set 4 of fingerprints as required in s. 1012.32; documentation of a 5 minimum education level of a high school diploma or 6 equivalent; and completion of an initial orientation and 7 training program in district policies and procedures 8 addressing school safety and security procedures, educational 9 liability laws, professional responsibilities, and ethics. 10 (b) Candidates who have no prior teaching experience, 11 as determined by the employing school district, must complete 12 an additional training program that includes classroom 13 management skills and instructional strategies. 14 (c) The required training programs for substitute 15 teachers may be provided by community colleges, colleges of 16 education, district school boards, educational consortia, or 17 commercial vendors. 18 (d) It is recommended that ongoing training and access 19 to professional development offerings be made available to 20 substitute teachers by the employing district. 21 (2) The Department of Education shall develop 22 web-based resources to enhance district substitute orientation 23 programs. 24 (3) Districts shall develop performance appraisal 25 measures for assessing the quality of instruction delivered by 26 substitutes who provide instruction for 30 or more days in a 27 single classroom placement. 28 Section 12. Paragraph (a) of subsection (1) of section 29 1012.39, Florida Statutes, is amended to read: 30 1012.39 Employment of substitute teachers, teachers of 31 adult education, nondegreed teachers of career education, and 26 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 career specialists; students performing clinical field 2 experience.-- 3 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and 4 1012.57, or any other provision of law or rule to the 5 contrary, each district school board shall establish the 6 minimal qualifications for: 7 (a) Substitute teachers to be employed pursuant to s. 8 1012.35. The qualifications shall require the filing of a 9 complete set of fingerprints in the same manner as required by 10 s. 1012.32; documentation of a minimum education level of a 11 high school diploma or equivalent; and completion of an 12 initial orientation and training program in district policies 13 and procedures addressing school safety and security 14 procedures, educational liability laws, professional 15 responsibilities, and ethics. 16 Section 13. Section 1012.465, Florida Statutes, is 17 created to read: 18 1012.465 Background screening requirements for certain 19 noninstructional school district employees and contractors.-- 20 (1) Noninstructional school district employees or 21 contractual personnel who have direct contact with students or 22 have access to or control of school funds must meet level 2 23 screening requirements as described in s. 1012.32. 24 (2) Every 5 years following employment or entry into a 25 contract in a capacity described in subsection (1), each 26 person who is so employed or under contract with the school 27 district must meet level 2 screening requirements as described 28 in s. 1012.32, at which time the school district shall request 29 the Department of Law Enforcement to forward the fingerprints 30 to the Federal Bureau of Investigation for the level 2 31 screening. If, for any reason following employment or entry 27 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 into a contract in a capacity described in subsection (1), the 2 fingerprints of a person who is so employed or under contract 3 with the school district are not retained by the Department of 4 Law Enforcement under s. 1012.32(3)(a) and (b), the person 5 must file a complete set of fingerprints with the district 6 school superintendent of the employing or contracting school 7 district. Upon submission of fingerprints for this purpose, 8 the school district shall request the Department of Law 9 Enforcement to forward the fingerprints to the Federal Bureau 10 of Investigation for the level 2 screening, and the 11 fingerprints shall be retained by the Department of Law 12 Enforcement under s. 1012.32(3)(a) and (b). The cost of the 13 state and federal criminal history check required by level 2 14 screening may be borne by the district school board, the 15 contractor, or the person fingerprinted. Under penalty of 16 perjury, each person who is employed or under contract in a 17 capacity described in subsection (1) must agree to inform his 18 or her employer or the party with whom he or she is under 19 contract within 48 hours if convicted of any disqualifying 20 offense while he or she is employed or under contract in that 21 capacity. 22 (3) If it is found that a person who is employed or 23 under contract in a capacity described in subsection (1) does 24 not meet the level 2 requirements, the person shall be 25 immediately suspended from working in that capacity and shall 26 remain suspended until final resolution of any appeals. 27 Section 14. Subsections (1) and (4) of section 28 1012.55, Florida Statutes, are amended to read: 29 1012.55 Positions for which certificates required.-- 30 (1) The State Board of Education shall classify school 31 services, designate the certification subject areas, establish 28 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 competencies, including the use of technology to enhance 2 student learning, and certification requirements for all 3 school-based personnel, and adopt rules in accordance with 4 which the professional, temporary, and part-time certificates 5 shall be issued by the Department of Education to applicants 6 who meet the standards prescribed by such rules for their 7 class of service. Each person employed or occupying a position 8 as school supervisor, school principal, teacher, library media 9 specialist, school counselor, athletic coach, or other 10 position in which the employee serves in an instructional 11 capacity, in any public school of any district of this state 12 shall hold the certificate required by law and by rules of the 13 State Board of Education in fulfilling the requirements of the 14 law for the type of service rendered. The Department of 15 Education shall identify appropriate educator certification 16 for the instruction of specified courses in an annual 17 publication of a directory of course code numbers for all 18 programs and courses that are funded through the Florida 19 Education Finance Program. However, the state board shall 20 adopt rules authorizing district school boards to employ 21 selected noncertificated personnel to provide instructional 22 services in the individuals' fields of specialty or to assist 23 instructional staff members as education paraprofessionals. 24 (4) A commissioned or noncommissioned military officer 25 who is an instructor of junior reserve officer training shall 26 be exempt from requirements for teacher certification, except 27 for the background screening filing of fingerprints pursuant 28 to s. 1012.32, if he or she meets the following 29 qualifications: 30 (a) Is retired from active military duty, pursuant to 31 chapter 102 of Title 10, U.S.C. 29 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 (b) Satisfies criteria established by the appropriate 2 military service for certification by the service as a junior 3 reserve officer training instructor. 4 (c) Has an exemplary military record. 5 6 If such instructor is assigned instructional duties other than 7 junior reserve officer training, he or she shall hold the 8 certificate required by law and rules of the state board for 9 the type of service rendered. 10 Section 15. Subsection (1), paragraphs (b) and (d) of 11 subsection (2), and subsections (3), (4), and (5) of section 12 1012.56, Florida Statutes, are amended, present subsections 13 (9) through (15) of that section are renumbered as subsections 14 (10) through (16), respectively, and a new subsection (9) is 15 added to that section, to read: 16 1012.56 Educator certification requirements.-- 17 (1) APPLICATION.--Each person seeking certification 18 pursuant to this chapter shall submit a completed application 19 containing the applicant's social security number to the 20 Department of Education and remit the fee required pursuant to 21 s. 1012.59 and rules of the State Board of Education. Pursuant 22 to the federal Personal Responsibility and Work Opportunity 23 Reconciliation Act of 1996, each party is required to provide 24 his or her social security number in accordance with this 25 section. Disclosure of social security numbers obtained 26 through this requirement is limited to the purpose of 27 administration of the Title IV-D program of the Social 28 Security Act for child support enforcement. Pursuant to s. 29 120.60, the department shall issue within 90 calendar days 30 after the stamped receipted date of the completed application: 31 (a) If the applicant meets the requirements, a 30 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 professional certificate covering the classification, level, 2 and area for which the applicant is deemed qualified and a 3 document explaining the requirements for renewal of the 4 professional certificate; or 5 (b) If the applicant meets the requirements and if 6 requested by an employing school district or an employing 7 private school with a professional education competence 8 demonstration program pursuant to paragraphs (5)(f) and 9 (7)(b), a temporary certificate covering the classification, 10 level, and area for which the applicant is deemed qualified 11 and an official statement of status of eligibility; or 12 (c)(b) If an applicant does not meet the requirements 13 for either certificate, an official statement of status of 14 eligibility. 15 16 The statement of status of eligibility must advise the 17 applicant of any qualifications that must be completed to 18 qualify for certification. Each statement of status of 19 eligibility is valid for 3 years after its date of issuance, 20 except as provided in paragraph (2)(d). 21 (2) ELIGIBILITY CRITERIA.--To be eligible to seek 22 certification, a person must: 23 (b) File an affidavit a written statement, under oath, 24 that the applicant subscribes to and will uphold the 25 principles incorporated in the Constitution of the United 26 States and the Constitution of the State of Florida and that 27 the information provided in the application is true, accurate, 28 and complete. The affidavit shall be by original signature or 29 by electronic authentication. The affidavit shall include 30 substantially the following warning: 31 31 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 WARNING: Giving false information in order to obtain or renew 2 a Florida educator's certificate is a criminal offense under 3 Florida law. Anyone giving false information on this affidavit 4 is subject to criminal prosecution as well as disciplinary 5 action by the Education Practices Commission. 6 (d) Submit to background screening in accordance with 7 subsection (9) a fingerprint check from the Department of Law 8 Enforcement and the Federal Bureau of Investigation pursuant 9 to s. 1012.32. If the background screening indicates 10 fingerprint reports indicate a criminal history or if the 11 applicant acknowledges a criminal history, the applicant's 12 records shall be referred to the investigative section in the 13 Department of Education Bureau of Educator Standards for 14 review and determination of eligibility for certification. If 15 the applicant fails to provide the necessary documentation 16 requested by the department Bureau of Educator Standards 17 within 90 days after the date of the receipt of the certified 18 mail request, the statement of eligibility and pending 19 application shall become invalid. 20 (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of 21 demonstrating mastery of general knowledge are: 22 (a) Achievement of passing scores on basic skills 23 examination required by state board rule; 24 (b) Achievement of passing scores on the College Level 25 Academic Skills Test earned prior to July 1, 2002; 26 (c) A valid professional standard teaching certificate 27 issued by another state; 28 (d) A valid certificate issued by the National Board 29 for Professional Teaching Standards or a national educator 30 credentialing board approved by the State Board of Education; 31 or 32 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 (e) Documentation of two semesters of successful 2 teaching in a community college, state university, or private 3 college or university that awards an associate or higher 4 degree and is an accredited institution or an institution of 5 higher education identified by the Department of Education as 6 having a quality program. 7 (4) MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable 8 means of demonstrating mastery of subject area knowledge are: 9 (a) Achievement of passing scores on subject area 10 examinations required by state board rule; 11 (b) Completion of the subject area specialization 12 requirements specified in state board rule and verification of 13 the attainment of the essential subject matter competencies by 14 the district school superintendent of the employing school 15 district or chief administrative officer of the employing 16 state-supported or private school for a subject area for which 17 a subject area examination has not been developed and required 18 by state board rule; 19 (c) Completion of the subject area specialization 20 requirements specified in state board rule for a subject 21 coverage requiring a master's or higher degree and achievement 22 of a passing score on the subject area examination specified 23 in state board rule; 24 (d) A valid professional standard teaching certificate 25 issued by another state; or 26 (e) A valid certificate issued by the National Board 27 for Professional Teaching Standards or a national educator 28 credentialing board approved by the State Board of Education. 29 (5) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION 30 COMPETENCE.--Acceptable means of demonstrating mastery of 31 professional preparation and education competence are: 33 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 (a) Completion of an approved teacher preparation 2 program at a postsecondary educational institution within this 3 state and achievement of a passing score on the professional 4 education competency examination required by state board rule; 5 (b) Completion of a teacher preparation program at a 6 postsecondary educational institution outside Florida and 7 achievement of a passing score on the professional education 8 competency examination required by state board rule; 9 (c) A valid professional standard teaching certificate 10 issued by another state; 11 (d) A valid certificate issued by the National Board 12 for Professional Teaching Standards or a national educator 13 credentialing board approved by the State Board of Education; 14 (e) Documentation of two semesters of successful 15 teaching in a community college, state university, or private 16 college or university that awards an associate or higher 17 degree and is an accredited institution or an institution of 18 higher education identified by the Department of Education as 19 having a quality program; 20 (f) Completion of professional preparation courses as 21 specified in state board rule, successful completion of a 22 professional education competence demonstration program 23 pursuant to paragraph (7)(b), and achievement of a passing 24 score on the professional education competency examination 25 required by state board rule; or 26 (g) Successful completion of a professional 27 preparation alternative certification and education competency 28 program, outlined in paragraph (7)(a); or. 29 (h) Successful completion of an alternative 30 certification program pursuant to s. 1004.85 and achievement 31 of a passing score on the professional education competency 34 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 examination required by rule of the State Board of Education. 2 (9) BACKGROUND SCREENING REQUIRED, INITIALLY AND 3 PERIODICALLY.-- 4 (a) Each person who seeks certification under this 5 chapter must meet level 2 screening requirements as described 6 in s. 1012.32 unless a level 2 screening has been conducted by 7 a district school board or the Department of Education within 8 12 months before the date the person initially obtains 9 certification under this chapter, the results of which are 10 submitted to the district school board or to the Department of 11 Education. 12 (b) A person may not receive a certificate under this 13 chapter until the level 2 screening has been completed and the 14 results have been submitted to the Department of Education or 15 to the district school superintendent of the school district 16 that employs the person. Every 5 years after obtaining initial 17 certification, each person who is required to be certified 18 under this chapter must meet level 2 screening requirements as 19 described in s. 1012.32, at which time the school district 20 shall request the Department of Law Enforcement to forward the 21 fingerprints to the Federal Bureau of Investigation for the 22 level 2 screening. If, for any reason after obtaining initial 23 certification, the fingerprints of a person who is required to 24 be certified under this chapter are not retained by the 25 Department of Law Enforcement under s. 1012.32(3)(a) and (b), 26 the person must file a complete set of fingerprints with the 27 district school superintendent of the employing school 28 district. Upon submission of fingerprints for this purpose, 29 the school district shall request the Department of Law 30 Enforcement to forward the fingerprints to the Federal Bureau 31 of Investigation for the level 2 screening, and the 35 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 fingerprints shall be retained by the Department of Law 2 Enforcement under s. 1012.32(3)(a) and (b). The cost of the 3 state and federal criminal history check required by level 2 4 screening may be borne by the district school board or the 5 employee. Under penalty of perjury, each person who is 6 certified under this chapter must agree to inform his or her 7 employer within 48 hours if convicted of any disqualifying 8 offense while he or she is employed in a position for which 9 such certification is required. 10 (c) If it is found under s. 1012.796 that a person who 11 is employed in a position requiring certification under this 12 chapter does not meet the level 2 screening requirements, the 13 person's certification shall be immediately revoked or 14 suspended and he or she shall be immediately suspended from 15 the position requiring certification. 16 Section 16. Section 1012.561, Florida Statutes, is 17 created to read: 18 1012.561 Address of record.--Each certified educator 19 or applicant for certification is solely responsible for 20 maintaining his or her current address with the Department of 21 Education and for notifying the department in writing of a 22 change of address. By January 1, 2005, each educator and 23 applicant for certification must have on file with the 24 department a current mailing address. Thereafter, a certified 25 educator or applicant for certification who is employed by a 26 district school board shall notify his or her employing school 27 district within 10 days after a change of address. At a 28 minimum, the employing district school board shall notify the 29 department monthly of the addresses of the certified educators 30 or applicants for certification in the manner prescribed by 31 the department. A certified educator or applicant for 36 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 certification who is not employed by a district school board 2 shall personally notify the department in writing within 30 3 days after a change of address. The department shall permit 4 electronic notification; however, it is the responsibility of 5 the certified educator or applicant for certification to 6 ensure that the department has received the electronic 7 notification. 8 Section 17. Section 1012.57, Florida Statutes, is 9 amended to read: 10 1012.57 Certification of adjunct educators.-- 11 (1) Notwithstanding the provisions of ss. 1012.32, 12 1012.55, and 1012.56, or any other provision of law or rule to 13 the contrary, district school boards shall adopt rules to 14 allow for the issuance of an adjunct teaching certificate to 15 any applicant who fulfills the requirements of s. 16 1012.56(2)(a)-(f) and (9) and who has expertise in the subject 17 area to be taught. An applicant shall be considered to have 18 expertise in the subject area to be taught if the applicant 19 demonstrates sufficient subject area mastery through passage 20 of a subject area test. The adjunct teaching certificate shall 21 be used for part-time teaching positions. The intent of this 22 provision is to allow school districts to tap the wealth of 23 talent and expertise represented in Florida's citizens who may 24 wish to teach part-time in a Florida public school by 25 permitting school districts to issue adjunct certificates to 26 qualified applicants. Adjunct certificateholders should be 27 used as a strategy to reduce the teacher shortage; thus, 28 adjunct certificateholders should supplement a school's 29 instructional staff, not supplant it. Each school principal 30 shall assign an experienced peer mentor to assist the adjunct 31 teaching certificateholder during the certificateholder's 37 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 first year of teaching, and an adjunct certificateholder may 2 participate in a district's new teacher training program. 3 District school boards shall provide the adjunct teaching 4 certificateholder an orientation in classroom management prior 5 to assigning the certificateholder to a school. Each adjunct 6 teaching certificate is valid for 5 school years and is 7 renewable if the applicant has received satisfactory 8 performance evaluations during each year of teaching under 9 adjunct teaching certification. 10 (2) Individuals who are certified and employed under 11 pursuant to this section shall have the same rights and 12 protection of laws as teachers certified under pursuant to s. 13 1012.56. 14 Section 18. Paragraph (d) of subsection (3) of section 15 1012.585, Florida Statutes, is amended to read: 16 1012.585 Process for renewal of professional 17 certificates.-- 18 (3) For the renewal of a professional certificate, the 19 following requirements must be met: 20 (d) The State Board of Education shall adopt rules for 21 the expanded use of training for renewal of the professional 22 certificate for educators who are required to complete 23 training in teaching students of limited English proficiency 24 and training in the teaching of reading as follows: 25 1. A teacher who holds a professional certificate may 26 use college credits or inservice points completed in 27 English-for-Speakers-of-Other-Languages training and training 28 in the teaching of reading in excess of 6 semester hours 29 during one certificate-validity period toward renewal of the 30 professional certificate during the subsequent validity 31 periods. 38 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 2. A teacher who holds a temporary certificate may use 2 college credits or inservice points completed in 3 English-for-Speakers-of-Other-Languages training and training 4 in the teaching of reading toward renewal of the teacher's 5 first professional certificate. Such training must not have 6 been included within the degree program, and the teacher's 7 temporary and professional certificates must be issued for 8 consecutive school years. 9 Section 19. Subsection (8) of section 1012.79, Florida 10 Statutes, is amended to read: 11 1012.79 Education Practices Commission; 12 organization.-- 13 (8)(a) The commission shall, from time to time, 14 designate members of the commission to serve on panels for the 15 purpose of reviewing and issuing final orders upon cases 16 presented to the commission. A case concerning a complaint 17 against a teacher shall be reviewed and a final order thereon 18 shall be entered by a panel composed of five seven commission 19 members, three four of whom shall be teachers. A case 20 concerning a complaint against an administrator shall be 21 reviewed and a final order thereon shall be entered by a panel 22 composed of five seven commission members, three four of whom 23 shall be administrators. 24 (b) A majority of a quorum of a panel of the 25 commission shall have final agency authority in all cases 26 involving the revocation, suspension, or other disciplining of 27 certificates of teachers and school administrators. A majority 28 of the membership of the panel shall constitute a quorum. The 29 district school board shall retain the authority to discipline 30 teachers and administrators pursuant to law. 31 Section 20. Subsections (1) and (6) of section 39 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 1012.795, Florida Statutes, are amended to read: 2 1012.795 Education Practices Commission; authority to 3 discipline.-- 4 (1) The Education Practices Commission may suspend the 5 educator certificate of any person as defined in s. 1012.01(2) 6 or (3) for a period of time not to exceed 5 3 years, thereby 7 denying that person the right to teach or otherwise be 8 employed by a district school board or public school in any 9 capacity requiring direct contact with students for that 10 period of time, after which the holder may return to teaching 11 as provided in subsection (4); may revoke the educator 12 certificate of any person, thereby denying that person the 13 right to teach or otherwise be employed by a district school 14 board or public school in any capacity requiring direct 15 contact with students for a period of time not to exceed 10 16 years, with reinstatement subject to the provisions of 17 subsection (4); may revoke permanently the educator 18 certificate of any person thereby denying that person the 19 right to teach or otherwise be employed by a district school 20 board or public school in any capacity requiring direct 21 contact with students; may suspend the educator certificate, 22 upon order of the court, of any person found to have a 23 delinquent child support obligation; or may impose any other 24 penalty provided by law, provided it can be shown that the 25 person: 26 (a) Obtained or attempted to obtain an the educator 27 certificate by fraudulent means. 28 (b) Has proved to be incompetent to teach or to 29 perform duties as an employee of the public school system or 30 to teach in or to operate a private school. 31 (c) Has been guilty of gross immorality or an act 40 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 involving moral turpitude. 2 (d) Has had an educator certificate sanctioned by 3 revocation, suspension, or surrender revoked in another state. 4 (e) Has been convicted of a misdemeanor, felony, or 5 any other criminal charge, other than a minor traffic 6 violation. 7 (f) Upon investigation, has been found guilty of 8 personal conduct which seriously reduces that person's 9 effectiveness as an employee of the district school board. 10 (g) Has breached a contract, as provided in s. 11 1012.33(2). 12 (h) Has been the subject of a court order directing 13 the Education Practices Commission to suspend the certificate 14 as a result of a delinquent child support obligation. 15 (i) Has violated the Principles of Professional 16 Conduct for the Education Profession prescribed by State Board 17 of Education rules. 18 (j) Has otherwise violated the provisions of law, the 19 penalty for which is the revocation of the educator 20 certificate. 21 (k) Has violated any order of the Education Practices 22 Commission. 23 (l) Has been the subject of a court order or plea 24 agreement in any jurisdiction which requires the 25 certificateholder to surrender or otherwise relinquish his or 26 her educator's certificate. A surrender or relinquishment 27 shall be for permanent revocation of the certificate. A person 28 may not surrender or otherwise relinquish his or her 29 certificate prior to a finding of probable cause by the 30 commissioner as provided in s. 1012.796. 31 (6)(a) When an individual violates any provision of 41 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 the provisions of a settlement agreement enforced by a final 2 order of the Education Practices Commission, the Department of 3 Education may request an order to show cause may be issued by 4 the clerk of the commission. The order shall require the 5 individual to appear before the commission to show cause why 6 further penalties should not be levied against the 7 individual's certificate pursuant to the authority provided to 8 the Education Practices Commission in subsection (1). The 9 department may dismiss an order to show cause before the 10 commission enters a final order. The Education Practices 11 Commission may fashion further penalties under the authority 12 of subsection (1) as it deems deemed appropriate when it 13 considers the show cause order is responded to by the 14 individual. 15 (b) The Education Practices Commission shall adopt 16 rules requiring the issuance of issue a final order 17 permanently revoking an individual's Florida educator's 18 certificate if the individual has been the subject of 19 sanctions by the Education Practices Commission on two 20 previous occasions. However, an individual is not subject to 21 this provision if the only reason for sanctions on any 22 occasion was one or more administrative violations. For 23 purposes of this paragraph the term "administrative violation" 24 means the failure of the individual to submit annual 25 performance reports or the failure to pay a probation fee as 26 required by a final order of the Education Practices 27 Commission. Furthermore, any sanction levied by the Education 28 Practices Commission against an applicant for certification is 29 not subject to this provision, if the applicant was not 30 previously sanctioned by the Education Practices Commission. 31 for a minimum of 1 year under the following circumstances: 42 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 1. If the individual: 2 a. Has been found to have violated the provisions of 3 this section, such that the Education Practices Commission has 4 the authority to discipline the individual's Florida 5 educator's certificate on two separate occasions; 6 b. Has twice entered into a settlement agreement 7 enforced by a final order of the Education Practices 8 Commission; or 9 c. Has been found to have violated the provisions of 10 this section, such that the Education Practices Commission has 11 the authority to discipline the individual's Florida 12 educator's certificate on one occasion and entered into a 13 settlement agreement enforced by a final order of the 14 Education Practices Commission on one occasion; and 15 2. A third finding of probable cause and a finding 16 that the allegations are proven or admitted to is subsequently 17 found by the Commissioner of Education. 18 19 If, in the third instance, the individual enters into a 20 settlement agreement with the Department of Education, that 21 agreement shall also include a penalty revoking that 22 individual's Florida educator's certificate for a minimum of 1 23 year. 24 Section 21. Subsections (1), (7), and (8) of section 25 1012.796, Florida Statutes, are amended to read: 26 1012.796 Complaints against teachers and 27 administrators; procedure; penalties.-- 28 (1)(a) The Department of Education shall cause to be 29 investigated expeditiously any complaint filed before it or 30 otherwise called to its attention which, if legally 31 sufficient, contains grounds for the revocation or suspension 43 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 of a certificate or any other appropriate penalty as set forth 2 in subsection (7). The complaint is legally sufficient if it 3 contains the ultimate facts which show a violation has 4 occurred as provided in s. 1012.795. The department may 5 investigate or continue to investigate and take appropriate 6 action on a complaint even though the original complainant 7 withdraws the complaint or otherwise indicates a desire not to 8 cause it to be investigated or prosecuted to completion. The 9 department may investigate or continue to investigate and take 10 action on a complaint filed against a person whose educator 11 certificate has expired if the act or acts which are the basis 12 for the complaint were allegedly committed while that person 13 possessed an educator certificate. 14 (b) When an investigation is undertaken, the 15 department shall notify the certificateholder or applicant for 16 certification and the district school superintendent or the 17 university laboratory school, charter school, or private 18 school in which the certificateholder or applicant for 19 certification is employed or was employed at the time the 20 alleged offense occurred. In addition, the department in the 21 district in which the certificateholder is employed and shall 22 inform the certificateholder or applicant for certification of 23 the substance of any complaint which has been filed against 24 that certificateholder or applicant, unless the department 25 determines that such notification would be detrimental to the 26 investigation, in which case the department may withhold 27 notification. 28 (c) Each school district shall file in writing with 29 the department all legally sufficient complaints within 30 30 days after the date on which subject matter of the complaint 31 comes to the attention of the school district. The school 44 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 district shall include all information relating to the 2 complaint which is known to the school district at the time of 3 filing. Each district school board shall develop policies and 4 procedures to comply with this reporting requirement. The 5 district school board policies and procedures shall include 6 appropriate penalties for all personnel of the district school 7 board for nonreporting and procedures for promptly informing 8 the district school superintendent of each legally sufficient 9 complaint. The district school superintendent is charged with 10 knowledge of these policies and procedures. If the district 11 school superintendent has knowledge of a legally sufficient 12 complaint and does not report the complaint, or fails to 13 enforce the policies and procedures of the district school 14 board, and fails to comply with the requirements of this 15 subsection, in addition to other actions against 16 certificateholders authorized by law, the district school 17 superintendent shall be subject to penalties as specified in 18 s. 1001.51(12) s. 1001.51(13). This paragraph does not limit 19 or restrict the power and duty of the department to 20 investigate complaints as provided in paragraphs (a) and (b), 21 regardless of the school district's untimely filing, or 22 failure to file, complaints and followup reports. 23 (d) Notwithstanding any other law, all law enforcement 24 agencies, state attorneys, social service agencies, district 25 school boards, and the Division of Administrative Hearings 26 shall fully cooperate with and, upon request, shall provide 27 unredacted documents to the Department of Education to further 28 investigations and prosecutions conducted pursuant to this 29 section. Any document received pursuant to this paragraph may 30 not be redisclosed except as authorized by law. 31 (7) A panel of the commission shall enter a final 45 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 order either dismissing the complaint or imposing one or more 2 of the following penalties: 3 (a) Denial of an application for a teaching 4 certificate or for an administrative or supervisory 5 endorsement on a teaching certificate. The denial may provide 6 that the applicant may not reapply for certification, and that 7 the department may refuse to consider that applicant's 8 application, for a specified period of time or permanently. 9 (b) Revocation or suspension of a certificate. 10 (c) Imposition of an administrative fine not to exceed 11 $2,000 for each count or separate offense. 12 (d) Placement of the teacher, administrator, or 13 supervisor on probation for a period of time and subject to 14 such conditions as the commission may specify, including 15 requiring the certified teacher, administrator, or supervisor 16 to complete additional appropriate college courses or work 17 with another certified educator, with the administrative costs 18 of monitoring the probation assessed to the educator placed on 19 probation. An educator who has been placed on probation shall, 20 at a minimum: 21 1. Immediately notify the investigative office in the 22 Department of Education upon employment or termination of 23 employment in the state in any public or private position 24 requiring a Florida educator's certificate. 25 2. Have his or her immediate supervisor submit annual 26 performance reports to the investigative office in the 27 Department of Education. 28 3. Pay to the commission within the first 6 months of 29 each probation year the administrative costs of monitoring 30 probation assessed to the educator. 31 4. Violate no law and shall fully comply with all 46 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 district school board policies, school rules, and State Board 2 of Education rules. 3 5. Satisfactorily perform his or her assigned duties 4 in a competent, professional manner. 5 6. Bear all costs of complying with the terms of a 6 final order entered by the commission. 7 (e) Restriction of the authorized scope of practice of 8 the teacher, administrator, or supervisor. 9 (f) Reprimand of the teacher, administrator, or 10 supervisor in writing, with a copy to be placed in the 11 certification file of such person. 12 (g) Imposition of an administrative sanction, upon a 13 person whose teaching certificate has expired, for an act or 14 acts committed while that person possessed a teaching 15 certificate or an expired certificate subject to late renewal, 16 which sanction bars that person from applying for a new 17 certificate for a period of 10 years or less, or permanently. 18 (h) Refer the teacher, administer, or supervisor to 19 the recovery network program provided in s. 1012.798 under 20 such terms and conditions as the commission may specify. 21 (8) Violations of the provisions of a final order 22 probation shall result in an order to show cause issued by the 23 clerk of the Education Practices Commission if requested by 24 the Department of Education. Upon failure of the educator 25 probationer, at the time and place stated in the order, to 26 show cause satisfactorily to the Education Practices 27 Commission why a penalty for violating the provisions of a 28 final order probation should not be imposed, the Education 29 Practices Commission shall impose whatever penalty is 30 appropriate as established in s. 1012.795(6). The Department 31 of Education shall prosecute the individual ordered to show 47 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 cause before the Education Practices Commission. The 2 Department of Education and the individual may enter into a 3 settlement agreement, which shall be presented to the 4 Education Practices Commission for consideration. Any 5 probation period will be tolled when an order to show cause 6 has been issued until the issue is resolved by the Education 7 Practices Commission; however, the other terms and conditions 8 of the final order shall be in full force and effect until 9 changed by the Education Practices Commission. 10 Section 22. Subsections (1), (3), (6), and (10) of 11 section 1012.798, Florida Statutes, are amended to read: 12 1012.798 Recovery network program for educators.-- 13 (1) RECOVERY NETWORK ESTABLISHED.--There is created 14 within the Department of Education, a recovery network program 15 to assist educators who are impaired as a result of alcohol 16 abuse, drug abuse, or a mental condition to obtain treatment 17 in obtaining treatment to permit their continued contribution 18 to the education profession. Any person who has applied for 19 or holds certification issued by the department pursuant to s. 20 1012.56 is eligible for the program assistance. The individual 21 may access the program voluntarily or be directed to 22 participate through a deferred prosecution agreement with the 23 Commissioner of Education or a final order of the Education 24 Practices Commission pursuant to s. 1012.796. 25 (3) PURPOSE.--The recovery network program shall 26 assist educators in obtaining treatment and services from 27 approved treatment providers, but each impaired educator must 28 pay for his or her treatment under terms and conditions agreed 29 upon by the impaired educator and the treatment provider. A 30 person who is admitted to the recovery network program must 31 contract with the treatment provider and the program. The 48 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 treatment contract must prescribe the type of treatment and 2 the responsibilities of the impaired educator and of the 3 provider and must provide that the impaired educator's 4 progress will be monitored by the recovery network program. 5 (6) PARTICIPATION.--The recovery network program shall 6 operate independently of employee assistance programs operated 7 by local school districts, and the powers and duties of school 8 districts to make employment decisions, including disciplinary 9 decisions, is not affected except as provided in this section: 10 (a) A person who is not subject to investigation or 11 proceedings under ss. 1012.795 and 1012.796 may voluntarily 12 seek assistance through a local school district employee 13 assistance program for which he or she is eligible and through 14 the recovery network, regardless of action taken against him 15 or her by a school district. Voluntarily seeking assistance 16 alone does not subject a person to proceedings under ss. 17 1012.795 and 1012.796. 18 (b) A person who is subject to investigation or 19 proceedings under ss. 1012.795 and 1012.796 may be required to 20 participate in the program. The program may approve a local 21 employee assistance program as a treatment provider or as a 22 means of securing a treatment provider. The program and the 23 local school district shall cooperate so that the person may 24 obtain treatment without limiting the school district's 25 statutory powers and duties as an employer or the disciplinary 26 procedures under ss. 1012.795 and 1012.796. 27 (c) A person may be enrolled in a treatment program by 28 the recovery network program after an investigation pursuant 29 to s. 1012.796 has commenced, if the person A person who has 30 not previously been under investigation by the department may 31 be enrolled in a treatment program by the recovery network 49 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 after an investigation has commenced, if the person: 2 1. Acknowledges his or her impairment. 3 2. Agrees to evaluation, as approved by the recovery 4 network. 5 3. Agrees to enroll in an appropriate treatment 6 program approved by the recovery network. 7 4. Executes releases for all medical and treatment 8 records regarding his or her impairment and participation in a 9 treatment program to the recovery network, pursuant to 42 10 U.S.C. s. 290dd-3 and the federal regulations adopted 11 thereunder. 12 5. Enters into a deferred prosecution agreement with 13 the commissioner, which provides that no prosecution shall be 14 instituted concerning the matters enumerated in the agreement 15 if the person is properly enrolled in the treatment program 16 and successfully completes the program as certified by the 17 recovery network. The commissioner is under no obligation to 18 enter into a deferred prosecution agreement with the educator 19 but may do so if he or she determines that it is in the best 20 interest of the educational program of the state and the 21 educator. 22 6. Has not previously entered a substance abuse 23 program. 24 7. Is not being investigated for any action involving 25 commission of a felony or violent act against another person. 26 8. Has not had multiple arrests for minor drug use, 27 possession, or abuse of alcohol. 28 (10) DECLARATION OF INELIGIBILITY.-- 29 (a) A person may be declared ineligible for further 30 assistance from the recovery network program if he or she does 31 not progress satisfactorily in a treatment program or leaves a 50 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 prescribed program or course of treatment without the approval 2 of the treatment provider. 3 (b) The determination of ineligibility must be made by 4 the commissioner in cases referred to him or her by the 5 program administrator or designee after review of the 6 circumstances of the case. Before referring a case to the 7 commissioner, the administrator must discuss the circumstances 8 with the treatment provider. The commissioner may direct the 9 Office of Professional Practices Services to investigate the 10 case and provide a report. 11 (c) If treatment through a treatment contract with the 12 program is a condition of a deferred prosecution agreement, 13 and the program administrator commissioner determines that the 14 person is ineligible for further assistance, the commissioner 15 may agree to modify the terms and conditions of the deferred 16 prosecution agreement or may issue an administrative 17 complaint, pursuant to s. 1012.796, alleging the charges 18 regarding which prosecution was deferred. The person may 19 dispute the determination as an affirmative defense to the 20 administrative complaint by including with his or her request 21 for hearing on the administrative complaint a written 22 statement setting forth the facts and circumstances that show 23 that the determination of ineligibility was erroneous. If 24 administrative proceedings regarding the administrative 25 complaint, pursuant to ss. 120.569 and 120.57, result in a 26 finding that the determination of ineligibility was erroneous, 27 the person is eligible to participate in the program. If the 28 determination of ineligibility was the only reason for setting 29 aside the deferred prosecution agreement and issuing the 30 administrative complaint and the administrative proceedings 31 result in a finding that the determination was erroneous, the 51 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 complaint shall be dismissed and the deferred prosecution 2 agreement reinstated without prejudice to the commissioner's 3 right to reissue the administrative complaint for other 4 breaches of the agreement. 5 (d) If treatment through a treatment contract with the 6 program is a condition of a final order of the Education 7 Practices Commission, the program administrator's 8 commissioner's determination of ineligibility constitutes a 9 finding of probable cause that the person failed to comply 10 with the final order. Pursuant to ss. 1012.795 and 1012.796, 11 upon the request of the Department of Education, the clerk of 12 the Education Practices Commission shall issue to the educator 13 an order to show cause, or the Commissioner of Education may 14 issue an administrative complaint The commissioner shall issue 15 an administrative complaint, and the case shall proceed under 16 ss. 1012.795 and 1012.796, in the same manner as for cases 17 based on a failure to comply with an order of the Education 18 Practices Commission. 19 (e) If the person voluntarily entered into a treatment 20 contract with the program, the program administrator 21 commissioner shall issue a written notice stating the reasons 22 for the determination of ineligibility. Within 20 days after 23 the date of such notice, the person may contest the 24 determination of ineligibility pursuant to ss. 120.569 and 25 120.57. 26 Section 23. For the purpose of incorporating the 27 amendment made by this act to section 1012.01, Florida 28 Statutes, in a reference thereto, paragraph (b) of subsection 29 (1) of section 112.1915, Florida Statutes, is reenacted to 30 read: 31 112.1915 Teachers and school administrators; death 52 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 benefits.--Any other provision of law to the contrary 2 notwithstanding: 3 (1) As used in this section, the term: 4 (b) "Teacher" means any instructional staff personnel 5 as described in s. 1012.01(2). 6 Section 24. For the purpose of incorporating the 7 amendment made by this act to section 1012.01, Florida 8 Statutes, in a reference thereto, paragraph (b) of subsection 9 (9) and paragraph (a) of subsection (13) of section 121.091, 10 Florida Statutes, are reenacted to read: 11 121.091 Benefits payable under the system.--Benefits 12 may not be paid under this section unless the member has 13 terminated employment as provided in s. 121.021(39)(a) or 14 begun participation in the Deferred Retirement Option Program 15 as provided in subsection (13), and a proper application has 16 been filed in the manner prescribed by the department. The 17 department may cancel an application for retirement benefits 18 when the member or beneficiary fails to timely provide the 19 information and documents required by this chapter and the 20 department's rules. The department shall adopt rules 21 establishing procedures for application for retirement 22 benefits and for the cancellation of such application when the 23 required information or documents are not received. 24 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- 25 (b)1. Any person who is retired under this chapter, 26 except under the disability retirement provisions of 27 subsection (4), may be reemployed by any private or public 28 employer after retirement and receive retirement benefits and 29 compensation from his or her employer without any limitations, 30 except that a person may not receive both a salary from 31 reemployment with any agency participating in the Florida 53 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 Retirement System and retirement benefits under this chapter 2 for a period of 12 months immediately subsequent to the date 3 of retirement. However, a DROP participant shall continue 4 employment and receive a salary during the period of 5 participation in the Deferred Retirement Option Program, as 6 provided in subsection (13). 7 2. Any person to whom the limitation in subparagraph 8 1. applies who violates such reemployment limitation and who 9 is reemployed with any agency participating in the Florida 10 Retirement System before completion of the 12-month limitation 11 period shall give timely notice of this fact in writing to the 12 employer and to the division and shall have his or her 13 retirement benefits suspended for the balance of the 12-month 14 limitation period. Any person employed in violation of this 15 paragraph and any employing agency which knowingly employs or 16 appoints such person without notifying the Division of 17 Retirement to suspend retirement benefits shall be jointly and 18 severally liable for reimbursement to the retirement trust 19 fund of any benefits paid during the reemployment limitation 20 period. To avoid liability, such employing agency shall have 21 a written statement from the retiree that he or she is not 22 retired from a state-administered retirement system. Any 23 retirement benefits received while reemployed during this 24 reemployment limitation period shall be repaid to the 25 retirement trust fund, and retirement benefits shall remain 26 suspended until such repayment has been made. Benefits 27 suspended beyond the reemployment limitation shall apply 28 toward repayment of benefits received in violation of the 29 reemployment limitation. 30 3. A district school board may reemploy a retired 31 member as a substitute or hourly teacher, education 54 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 paraprofessional, transportation assistant, bus driver, or 2 food service worker on a noncontractual basis after he or she 3 has been retired for 1 calendar month, in accordance with s. 4 121.021(39). A district school board may reemploy a retired 5 member as instructional personnel, as defined in s. 6 1012.01(2)(a), on an annual contractual basis after he or she 7 has been retired for 1 calendar month, in accordance with s. 8 121.021(39). Any other retired member who is reemployed within 9 1 calendar month after retirement shall void his or her 10 application for retirement benefits. District school boards 11 reemploying such teachers, education paraprofessionals, 12 transportation assistants, bus drivers, or food service 13 workers are subject to the retirement contribution required by 14 subparagraph 7. 15 4. A community college board of trustees may reemploy 16 a retired member as an adjunct instructor, that is, an 17 instructor who is noncontractual and part-time, or as a 18 participant in a phased retirement program within the Florida 19 Community College System, after he or she has been retired for 20 1 calendar month, in accordance with s. 121.021(39). Any 21 retired member who is reemployed within 1 calendar month after 22 retirement shall void his or her application for retirement 23 benefits. Boards of trustees reemploying such instructors are 24 subject to the retirement contribution required in 25 subparagraph 7. A retired member may be reemployed as an 26 adjunct instructor for no more than 780 hours during the first 27 12 months of retirement. Any retired member reemployed for 28 more than 780 hours during the first 12 months of retirement 29 shall give timely notice in writing to the employer and to the 30 division of the date he or she will exceed the limitation. 31 The division shall suspend his or her retirement benefits for 55 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 the remainder of the first 12 months of retirement. Any 2 person employed in violation of this subparagraph and any 3 employing agency which knowingly employs or appoints such 4 person without notifying the Division of Retirement to suspend 5 retirement benefits shall be jointly and severally liable for 6 reimbursement to the retirement trust fund of any benefits 7 paid during the reemployment limitation period. To avoid 8 liability, such employing agency shall have a written 9 statement from the retiree that he or she is not retired from 10 a state-administered retirement system. Any retirement 11 benefits received by a retired member while reemployed in 12 excess of 780 hours during the first 12 months of retirement 13 shall be repaid to the Retirement System Trust Fund, and 14 retirement benefits shall remain suspended until repayment is 15 made. Benefits suspended beyond the end of the retired 16 member's first 12 months of retirement shall apply toward 17 repayment of benefits received in violation of the 780-hour 18 reemployment limitation. 19 5. The State University System may reemploy a retired 20 member as an adjunct faculty member or as a participant in a 21 phased retirement program within the State University System 22 after the retired member has been retired for 1 calendar 23 month, in accordance with s. 121.021(39). Any retired member 24 who is reemployed within 1 calendar month after retirement 25 shall void his or her application for retirement benefits. 26 The State University System is subject to the retired 27 contribution required in subparagraph 7., as appropriate. A 28 retired member may be reemployed as an adjunct faculty member 29 or a participant in a phased retirement program for no more 30 than 780 hours during the first 12 months of his or her 31 retirement. Any retired member reemployed for more than 780 56 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 hours during the first 12 months of retirement shall give 2 timely notice in writing to the employer and to the division 3 of the date he or she will exceed the limitation. The 4 division shall suspend his or her retirement benefits for the 5 remainder of the first 12 months of retirement. Any person 6 employed in violation of this subparagraph and any employing 7 agency which knowingly employs or appoints such person without 8 notifying the Division of Retirement to suspend retirement 9 benefits shall be jointly and severally liable for 10 reimbursement to the retirement trust fund of any benefits 11 paid during the reemployment limitation period. To avoid 12 liability, such employing agency shall have a written 13 statement from the retiree that he or she is not retired from 14 a state-administered retirement system. Any retirement 15 benefits received by a retired member while reemployed in 16 excess of 780 hours during the first 12 months of retirement 17 shall be repaid to the Retirement System Trust Fund, and 18 retirement benefits shall remain suspended until repayment is 19 made. Benefits suspended beyond the end of the retired 20 member's first 12 months of retirement shall apply toward 21 repayment of benefits received in violation of the 780-hour 22 reemployment limitation. 23 6. The Board of Trustees of the Florida School for the 24 Deaf and the Blind may reemploy a retired member as a 25 substitute teacher, substitute residential instructor, or 26 substitute nurse on a noncontractual basis after he or she has 27 been retired for 1 calendar month, in accordance with s. 28 121.021(39). Any retired member who is reemployed within 1 29 calendar month after retirement shall void his or her 30 application for retirement benefits. The Board of Trustees of 31 the Florida School for the Deaf and the Blind reemploying such 57 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 teachers, residential instructors, or nurses is subject to the 2 retirement contribution required by subparagraph 7. 3 Reemployment of a retired member as a substitute teacher, 4 substitute residential instructor, or substitute nurse is 5 limited to 780 hours during the first 12 months of his or her 6 retirement. Any retired member reemployed for more than 780 7 hours during the first 12 months of retirement shall give 8 timely notice in writing to the employer and to the division 9 of the date he or she will exceed the limitation. The division 10 shall suspend his or her retirement benefits for the remainder 11 of the first 12 months of retirement. Any person employed in 12 violation of this subparagraph and any employing agency which 13 knowingly employs or appoints such person without notifying 14 the Division of Retirement to suspend retirement benefits 15 shall be jointly and severally liable for reimbursement to the 16 retirement trust fund of any benefits paid during the 17 reemployment limitation period. To avoid liability, such 18 employing agency shall have a written statement from the 19 retiree that he or she is not retired from a 20 state-administered retirement system. Any retirement benefits 21 received by a retired member while reemployed in excess of 780 22 hours during the first 12 months of retirement shall be repaid 23 to the Retirement System Trust Fund, and his or her retirement 24 benefits shall remain suspended until payment is made. 25 Benefits suspended beyond the end of the retired member's 26 first 12 months of retirement shall apply toward repayment of 27 benefits received in violation of the 780-hour reemployment 28 limitation. 29 7. The employment by an employer of any retiree or 30 DROP participant of any state-administered retirement system 31 shall have no effect on the average final compensation or 58 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 years of creditable service of the retiree or DROP 2 participant. Prior to July 1, 1991, upon employment of any 3 person, other than an elected officer as provided in s. 4 121.053, who has been retired under any state-administered 5 retirement program, the employer shall pay retirement 6 contributions in an amount equal to the unfunded actuarial 7 liability portion of the employer contribution which would be 8 required for regular members of the Florida Retirement System. 9 Effective July 1, 1991, contributions shall be made as 10 provided in s. 121.122 for retirees with renewed membership or 11 subsection (13) with respect to DROP participants. 12 8. Any person who has previously retired and who is 13 holding an elective public office or an appointment to an 14 elective public office eligible for the Elected Officers' 15 Class on or after July 1, 1990, shall be enrolled in the 16 Florida Retirement System as provided in s. 121.053(1)(b) or, 17 if holding an elective public office that does not qualify for 18 the Elected Officers' Class on or after July 1, 1991, shall be 19 enrolled in the Florida Retirement System as provided in s. 20 121.122, and shall continue to receive retirement benefits as 21 well as compensation for the elected officer's service for as 22 long as he or she remains in elective office. However, any 23 retired member who served in an elective office prior to July 24 1, 1990, suspended his or her retirement benefit, and had his 25 or her Florida Retirement System membership reinstated shall, 26 upon retirement from such office, have his or her retirement 27 benefit recalculated to include the additional service and 28 compensation earned. 29 9. Any person who is holding an elective public office 30 which is covered by the Florida Retirement System and who is 31 concurrently employed in nonelected covered employment may 59 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 elect to retire while continuing employment in the elective 2 public office, provided that he or she shall be required to 3 terminate his or her nonelected covered employment. Any 4 person who exercises this election shall receive his or her 5 retirement benefits in addition to the compensation of the 6 elective office without regard to the time limitations 7 otherwise provided in this subsection. No person who seeks to 8 exercise the provisions of this subparagraph, as the same 9 existed prior to May 3, 1984, shall be deemed to be retired 10 under those provisions, unless such person is eligible to 11 retire under the provisions of this subparagraph, as amended 12 by chapter 84-11, Laws of Florida. 13 10. The limitations of this paragraph apply to 14 reemployment in any capacity with an "employer" as defined in 15 s. 121.021(10), irrespective of the category of funds from 16 which the person is compensated. 17 11. An employing agency may reemploy a retired member 18 as a firefighter or paramedic after the retired member has 19 been retired for 1 calendar month, in accordance with s. 20 121.021(39). Any retired member who is reemployed within 1 21 calendar month after retirement shall void his or her 22 application for retirement benefits. The employing agency 23 reemploying such firefighter or paramedic is subject to the 24 retired contribution required in subparagraph 8. Reemployment 25 of a retired firefighter or paramedic is limited to no more 26 than 780 hours during the first 12 months of his or her 27 retirement. Any retired member reemployed for more than 780 28 hours during the first 12 months of retirement shall give 29 timely notice in writing to the employer and to the division 30 of the date he or she will exceed the limitation. The division 31 shall suspend his or her retirement benefits for the remainder 60 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 of the first 12 months of retirement. Any person employed in 2 violation of this subparagraph and any employing agency which 3 knowingly employs or appoints such person without notifying 4 the Division of Retirement to suspend retirement benefits 5 shall be jointly and severally liable for reimbursement to the 6 Retirement System Trust Fund of any benefits paid during the 7 reemployment limitation period. To avoid liability, such 8 employing agency shall have a written statement from the 9 retiree that he or she is not retired from a 10 state-administered retirement system. Any retirement benefits 11 received by a retired member while reemployed in excess of 780 12 hours during the first 12 months of retirement shall be repaid 13 to the Retirement System Trust Fund, and retirement benefits 14 shall remain suspended until repayment is made. Benefits 15 suspended beyond the end of the retired member's first 12 16 months of retirement shall apply toward repayment of benefits 17 received in violation of the 780-hour reemployment limitation. 18 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, 19 and subject to the provisions of this section, the Deferred 20 Retirement Option Program, hereinafter referred to as the 21 DROP, is a program under which an eligible member of the 22 Florida Retirement System may elect to participate, deferring 23 receipt of retirement benefits while continuing employment 24 with his or her Florida Retirement System employer. The 25 deferred monthly benefits shall accrue in the System Trust 26 Fund on behalf of the participant, plus interest compounded 27 monthly, for the specified period of the DROP participation, 28 as provided in paragraph (c). Upon termination of employment, 29 the participant shall receive the total DROP benefits and 30 begin to receive the previously determined normal retirement 31 benefits. Participation in the DROP does not guarantee 61 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 employment for the specified period of DROP. Participation in 2 the DROP by an eligible member beyond the initial 60-month 3 period as authorized in this subsection shall be on an annual 4 contractual basis for all participants. 5 (a) Eligibility of member to participate in the 6 DROP.--All active Florida Retirement System members in a 7 regularly established position, and all active members of 8 either the Teachers' Retirement System established in chapter 9 238 or the State and County Officers' and Employees' 10 Retirement System established in chapter 122 which systems are 11 consolidated within the Florida Retirement System under s. 12 121.011, are eligible to elect participation in the DROP 13 provided that: 14 1. The member is not a renewed member of the Florida 15 Retirement System under s. 121.122, or a member of the State 16 Community College System Optional Retirement Program under s. 17 121.051, the Senior Management Service Optional Annuity 18 Program under s. 121.055, or the optional retirement program 19 for the State University System under s. 121.35. 20 2. Except as provided in subparagraph 6., election to 21 participate is made within 12 months immediately following the 22 date on which the member first reaches normal retirement date, 23 or, for a member who reaches normal retirement date based on 24 service before he or she reaches age 62, or age 55 for Special 25 Risk Class members, election to participate may be deferred to 26 the 12 months immediately following the date the member 27 attains 57, or age 52 for Special Risk Class members. For a 28 member who first reached normal retirement date or the 29 deferred eligibility date described above prior to the 30 effective date of this section, election to participate shall 31 be made within 12 months after the effective date of this 62 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 section. A member who fails to make an election within such 2 12-month limitation period shall forfeit all rights to 3 participate in the DROP. The member shall advise his or her 4 employer and the division in writing of the date on which the 5 DROP shall begin. Such beginning date may be subsequent to the 6 12-month election period, but must be within the 60-month or, 7 with respect to members who are instructional personnel 8 employed by the Florida School for the Deaf and the Blind and 9 who have received authorization by the Board of Trustees of 10 the Florida School for the Deaf and the Blind to participate 11 in the DROP beyond 60 months, or who are instructional 12 personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 13 and who have received authorization by the district school 14 superintendent to participate in the DROP beyond 60 months, 15 the 96-month limitation period as provided in subparagraph 16 (b)1. When establishing eligibility of the member to 17 participate in the DROP for the 60-month or, with respect to 18 members who are instructional personnel employed by the 19 Florida School for the Deaf and the Blind and who have 20 received authorization by the Board of Trustees of the Florida 21 School for the Deaf and the Blind to participate in the DROP 22 beyond 60 months, or who are instructional personnel as 23 defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have 24 received authorization by the district school superintendent 25 to participate in the DROP beyond 60 months, the 96-month 26 maximum participation period, the member may elect to include 27 or exclude any optional service credit purchased by the member 28 from the total service used to establish the normal retirement 29 date. A member with dual normal retirement dates shall be 30 eligible to elect to participate in DROP within 12 months 31 after attaining normal retirement date in either class. 63 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 3. The employer of a member electing to participate in 2 the DROP, or employers if dually employed, shall acknowledge 3 in writing to the division the date the member's participation 4 in the DROP begins and the date the member's employment and 5 DROP participation will terminate. 6 4. Simultaneous employment of a participant by 7 additional Florida Retirement System employers subsequent to 8 the commencement of participation in the DROP shall be 9 permissible provided such employers acknowledge in writing a 10 DROP termination date no later than the participant's existing 11 termination date or the 60-month limitation period as provided 12 in subparagraph (b)1. 13 5. A DROP participant may change employers while 14 participating in the DROP, subject to the following: 15 a. A change of employment must take place without a 16 break in service so that the member receives salary for each 17 month of continuous DROP participation. If a member receives 18 no salary during a month, DROP participation shall cease 19 unless the employer verifies a continuation of the employment 20 relationship for such participant pursuant to s. 21 121.021(39)(b). 22 b. Such participant and new employer shall notify the 23 division on forms required by the division as to the identity 24 of the new employer. 25 c. The new employer shall acknowledge, in writing, the 26 participant's DROP termination date, which may be extended but 27 not beyond the original 60-month or, with respect to members 28 who are instructional personnel employed by the Florida School 29 for the Deaf and the Blind and who have received authorization 30 by the Board of Trustees of the Florida School for the Deaf 31 and the Blind to participate in the DROP beyond 60 months, or 64 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 who are instructional personnel as defined in s. 2 1012.01(2)(a)-(d) in grades K-12 and who have received 3 authorization by the district school superintendent to 4 participate in the DROP beyond 60 months, the 96-month period 5 provided in subparagraph (b)1., shall acknowledge liability 6 for any additional retirement contributions and interest 7 required if the participant fails to timely terminate 8 employment, and shall be subject to the adjustment required in 9 sub-subparagraph (c)5.d. 10 6. Effective July 1, 2001, for instructional personnel 11 as defined in s. 1012.01(2), election to participate in the 12 DROP shall be made at any time following the date on which the 13 member first reaches normal retirement date. The member shall 14 advise his or her employer and the division in writing of the 15 date on which the Deferred Retirement Option Program shall 16 begin. When establishing eligibility of the member to 17 participate in the DROP for the 60-month or, with respect to 18 members who are instructional personnel employed by the 19 Florida School for the Deaf and the Blind and who have 20 received authorization by the Board of Trustees of the Florida 21 School for the Deaf and the Blind to participate in the DROP 22 beyond 60 months, or who are instructional personnel as 23 defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have 24 received authorization by the district school superintendent 25 to participate in the DROP beyond 60 months, the 96-month 26 maximum participation period, as provided in subparagraph 27 (b)1., the member may elect to include or exclude any optional 28 service credit purchased by the member from the total service 29 used to establish the normal retirement date. A member with 30 dual normal retirement dates shall be eligible to elect to 31 participate in either class. 65 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 Section 25. For the purpose of incorporating the 2 amendment made by this act to section 1012.01, Florida 3 Statutes, in a reference thereto, paragraph (b) of subsection 4 (2) of section 1011.685, Florida Statutes, is reenacted to 5 read: 6 1011.685 Class size reduction; operating categorical 7 fund.-- 8 (2) Class size reduction operating categorical funds 9 shall be used by school districts for the following: 10 (b) For any lawful operating expenditure, if the 11 district has met the constitutional maximums identified in s. 12 1003.03(1) or the reduction of two students per year required 13 by s. 1003.03(2); however, priority shall be given to increase 14 salaries of classroom teachers as defined in s. 1012.01(2)(a) 15 and to implement the salary career ladder defined in s. 16 1012.231. 17 Section 26. For the purpose of incorporating the 18 amendment made by this act to section 1012.01, Florida 19 Statutes, in a reference thereto, paragraphs (a) and (b) of 20 subsection (2) of section 1012.74, Florida Statutes, are 21 reenacted to read: 22 1012.74 Florida educators professional liability 23 insurance protection.-- 24 (2)(a) Educator professional liability coverage for 25 all instructional personnel, as defined by s. 1012.01(2), who 26 are full-time personnel, as defined by the district school 27 board policy, shall be provided by specific appropriations 28 under the General Appropriations Act. 29 (b) Educator professional liability coverage shall be 30 extended at cost to all instructional personnel, as defined by 31 s. 1012.01(2), who are part-time personnel, as defined by the 66 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 district school board policy, and choose to participate in the 2 state-provided program. 3 Section 27. This act shall take effect upon becoming a 4 law. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 Delete everything before the enacting clause 10 11 and insert: 12 A bill to be entitled 13 An act relating to education personnel; 14 amending s. 943.0585, F.S.; providing for the 15 expunging of criminal history records of 16 applicants for employment at certain schools; 17 amending s. 943.059, F.S.; providing an 18 exception to sealed records provisions for 19 applicants for employment at certain schools; 20 amending s. 1002.33, F.S.; requiring charter 21 school employees and governing board members to 22 undergo background screening; amending s. 23 1004.04, F.S.; revising certain criteria for 24 admission to approved teacher preparation 25 programs; requiring a certification ombudsman; 26 authorizing certain postsecondary institutions 27 to develop and implement short-term teacher 28 assistant experiences; creating s. 1004.85, 29 F.S.; providing a definition; providing for 30 postsecondary institutions to create educator 31 preparation institutes; providing purpose of 67 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 the institutes; authorizing institutes to offer 2 alternative educator certification programs; 3 requiring Department of Education response to a 4 request for approval; providing criteria for 5 alternative certification programs; providing 6 requirements for program participants; 7 providing for participants to receive a 8 credential signifying mastery of professional 9 preparation and education competence; 10 authorizing school districts to use an 11 alternative certification program at an 12 educator preparation institute to satisfy 13 certain requirements; requiring performance 14 evaluations; requiring certain criteria for 15 instructors; providing rulemaking authority; 16 amending s. 1012.01, F.S.; specifying that the 17 term "instructional personnel" includes K-12 18 personnel only; amending s. 1012.05, F.S.; 19 requiring guidelines for teacher mentors; 20 requiring electronic access to professional 21 resources for teachers; creating an Educator 22 Appreciation Week; requiring the Department of 23 Education to notify teachers of legislation and 24 rules that affect teachers; requiring school 25 districts to submit e-mail addresses of school 26 personnel to the Department of Education; 27 requiring action by the Commissioner of 28 Education in helping teachers meet highly 29 qualified teacher criteria; amending s. 30 1012.231, F.S.; requiring the BEST teacher 31 program to begin in 2005-2006; amending s. 68 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 1012.32, F.S.; requiring background screening 2 for contractual personnel, charter school 3 personnel, and certain instructional and 4 noninstructional personnel; deleting provision 5 for probationary status for new employees 6 pending fingerprint processing; prohibiting 7 certain persons from providing services; 8 providing for appeals; providing for payment of 9 costs; deleting a refingerprinting requirement; 10 requiring the Department of Law Enforcement to 11 retain and enter fingerprints into the 12 statewide automated fingerprint identification 13 system; requiring the Department of Law 14 Enforcement to search arrest fingerprint cards 15 against retained fingerprints and to report 16 identified arrest records; providing school 17 district responsibilities and the imposition of 18 a fee; requiring refingerprinting for personnel 19 whose fingerprints are not retained; amending 20 s. 1012.33, F.S.; requiring district school 21 boards to recognize years of service of certain 22 employees; amending s. 1012.35, F.S.; providing 23 employment and training requirements for 24 substitute teachers; amending s. 1012.39, F.S.; 25 providing employment criteria for substitute 26 teachers; creating s. 1012.465, F.S.; requiring 27 background screening for certain 28 noninstructional personnel and contractors with 29 the school district; requiring such persons to 30 report conviction of a disqualifying offense; 31 providing for suspension of personnel who do 69 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 not meet screening requirements; amending s. 2 1012.55, F.S.; providing departmental duties 3 relating to identification of appropriate 4 certification for certain instruction; 5 requiring background screening for certain 6 instructors; amending s. 1012.56, F.S.; 7 providing for the issuance of renewal 8 instructions and temporary certificates; 9 clarifying circumstances for issuance of a 10 status of eligibility statement; authorizing 11 the filing of an affidavit with the application 12 for a certificate; authorizing use of 13 alternative certificates for demonstrating 14 mastery of general knowledge, subject area 15 knowledge, and professional preparation and 16 education competence; authorizing an 17 alternative route for demonstrating mastery of 18 professional preparation and education 19 competence; requiring background screening for 20 educator certification; providing background 21 screening requirements; requiring reporting of 22 disqualifying offenses; providing for 23 suspension from a position and suspension or 24 revocation of certification; creating s. 25 1012.561, F.S.; requiring certified educators 26 and applicants for certification to maintain a 27 current address with the Department of 28 Education; amending s. 1012.57, F.S.; adding a 29 cross-reference to the background screening 30 requirements; amending s. 1012.585, F.S.; 31 requiring training in the teaching of reading 70 5:13 PM 04/13/04 s2986.cj.01
SENATE AMENDMENT Bill No. CS for SB 2986 Amendment No. 1 Barcode 935042 1 for certified personnel who teach students who 2 have limited English proficiency; amending s. 3 1012.79, F.S.; reducing the membership of 4 Education Practice Commission review panels; 5 amending s. 1012.795, F.S.; increasing the 6 discipline options available to the Education 7 Practices Commission; amending s. 1012.796, 8 F.S.; revising the notice requirements and 9 other procedures concerning the investigation 10 of complaints against certified personnel and 11 applicants for certification; requiring other 12 state entities to provide information in 13 connection with investigations; providing the 14 conditions of probation; amending s. 1012.798, 15 F.S.; revising procedures for accessing the 16 recovery network program; reenacting ss. 17 112.1915(1)(b), 121.091(9)(b) and (13)(a), 18 1011.685(2)(b), and 1012.74(2)(a) and (b), 19 F.S., relating to death benefits, retirement 20 benefits, the operating categorical fund for 21 class size reduction, and educators 22 professional liability insurance protection, to 23 incorporate the amendment to s. 1012.01, F.S., 24 in references thereto; providing an effective 25 date. 26 27 28 29 30 31 71 5:13 PM 04/13/04 s2986.cj.01
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