June 01, 2020
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Amendment
Bill No. 2986
Amendment No. 968109
CHAMBER ACTION
Senate House
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1Representative Kilmer offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (4) of section 1004.04, Florida
6Statutes, is amended, subsections (10), (11), and (12) are
7renumbered as subsections (11), (12), and (13), respectively,
8and a new subsection (10) is added to said section, to read:
9     1004.04  Public accountability and state approval for
10teacher preparation programs.--
11     (4)  INITIAL STATE PROGRAM APPROVAL.--
12     (a)  A program approval process based on standards adopted
13pursuant to subsections (2) and (3) must be established for
14postsecondary teacher preparation programs, phased in according
15to timelines determined by the Department of Education, and
16fully implemented for all teacher preparation programs in the
17state. Each program shall be approved by the department,
18consistent with the intent set forth in subsection (1) and based
19primarily upon significant, objective, and quantifiable graduate
20performance measures.
21     (b)  Each teacher preparation program approved by the
22Department of Education, as provided for by this section, shall
23require students to meet the following as prerequisites for
24admission into the program:
25     1.  Have a grade point average of at least 2.5 on a 4.0
26scale for the general education component of undergraduate
27studies or have completed the requirements for a baccalaureate
28degree with a minimum grade point average of 2.5 on a 4.0 scale
29from any college or university accredited by a regional
30accrediting association as defined by State Board of Education
31rule or any college or university otherwise approved pursuant to
32State Board of Education rule.
33     2.  Demonstrate mastery of general knowledge, including the
34ability to read, write, and compute, by passing the General
35Knowledge Test of the Florida Teacher Certification Examination,
36the College Level Academic Skills Test, a corresponding
37component of the National Teachers Examination series, or a
38similar test pursuant to rules of the State Board of Education.
39
40Each teacher preparation program may waive these admissions
41requirements for up to 10 percent of the students admitted.
42Programs shall implement strategies to ensure that students
43admitted under a waiver receive assistance to demonstrate
44competencies to successfully meet requirements for
45certification.
46     (c)  Each teacher preparation program approved by the
47Department of Education, as provided for by this section, shall
48provide a certification ombudsman to facilitate the process and
49procedures required for graduates to obtain educator
50professional or temporary certification pursuant to s. 1012.56.
51     (10)  SHORT-TERM EXPERIENCES AS TEACHER ASSISTANTS.--
52Postsecondary institutions offering teacher preparation programs
53and community colleges, in collaboration with school districts,
54may develop and implement a program to provide short-term
55experiences as teacher assistants prior to beginning a teacher
56preparation program or alternative certification program. The
57program shall serve individuals with baccalaureate degrees who
58are interested in the teaching profession. This experience may
59be accepted for use in teacher preparation programs and
60competency-based alternative certification programs, where
61applicable.
62     Section 2.  Section 1004.85, Florida Statutes, is created
63to read:
64     1004.85  Postsecondary educator preparation institutes.--
65     (1)  As used in this section, "educator preparation
66institute" means an institute created by a postsecondary
67institution and approved by the Department of Education.
68     (2)  Postsecondary institutions may seek approval from the
69Department of Education to create educator preparation
70institutes for the purpose of providing any or all of the
71following:
72     (a)  Professional development instruction to assist
73teachers in improving classroom instruction and in meeting
74certification or recertification requirements.
75     (b)  Instruction to assist potential and existing
76substitute teachers in performing their duties.
77     (c)  Instruction to assist paraprofessionals in meeting
78education and training requirements.
79     (d)  Instruction for baccalaureate degree holders to become
80certified teachers as provided in this section in order to
81increase routes to the classroom for mid-career professionals
82who hold a baccalaureate degree and college graduates who were
83not education majors.
84     (3)  Educator preparation institutes approved pursuant to
85this section may offer alternative certification programs
86specifically designed for noneducation major baccalaureate
87degree holders to enable program participants to meet the
88educator certification requirements of s. 1012.56. Such programs
89shall be competency-based educator certification preparation
90programs that prepare educators through an alternative route. An
91educator preparation institute choosing to offer an alternative
92certification program pursuant to the provisions of this section
93must implement a program previously approved by the Department
94of Education for this purpose or a program developed by the
95institute and approved by the department for this purpose.
96Approved programs shall be available for use by other approved
97educator preparation institutes.
98     (a)  Within 90 days after receipt of a request for
99approval, the Department of Education shall approve an
100alternative certification program or issue a statement of the
101deficiencies in the request for approval. The department shall
102approve an alternative certification program if the institute
103provides sufficient evidence of the following:
104     1.  Instruction must be provided in professional knowledge
105and subject matter content that includes educator-accomplished
106practices and competencies specified in State Board of Education
107rule; meets subject matter content requirements and professional
108competency testing requirements; and includes competencies
109associated with teaching scientifically based reading
110instruction and strategies that research has shown to be
111successful in improving reading among low-performing readers.
112     2.  The program must provide field experience with
113supervision from qualified educators.
114     3.  The program must provide a certification ombudsman to
115facilitate the process and procedures required for participants
116who complete the program to meet any requirements related to the
117background screening pursuant to s. 1012.32 and educator
118professional or temporary certification pursuant to s. 1012.56.
119     (b)  Each program participant must:
120     1.  Meet certification requirements pursuant to s.
1211012.56(1) by obtaining a statement of status of eligibility and
122meet the requirements of s. 1012.56(2)(a)-(f).
123     2.  Participate in field experience that is appropriate to
124his or her educational plan.
125     3.  Fully demonstrate his or her ability to teach the
126subject area for which he or she is seeking certification prior
127to completion of the program.
128     (c)  Upon completion of an alternative certification
129program approved pursuant to this subsection, a participant
130shall receive a credential from the sponsoring institution
131signifying satisfaction of the requirements of s. 1012.56(5)
132relating to mastery of professional preparation and education
133competence. A participant shall be eligible for educator
134certification through the Department of Education upon
135satisfaction of all requirements for certification set forth in
136s. 1012.56(2), including demonstration of mastery of general
137knowledge, subject area knowledge, and professional preparation
138and education competence, through testing or other statutorily
139authorized means.
140     (d)  If an institution offers an alternative certification
141program approved pursuant to this subsection, such program may
142be used by the school district or districts served by that
143institution to fully satisfy the requirements for the provision
144of a competency-based professional preparation alternative
145certification program as required in s. 1012.56(7).
146     (4)  Each institute approved pursuant to this section shall
147submit to the Department of Education annual performance
148evaluations that measure the effectiveness of the programs,
149including the pass rates of participants on all examinations
150required for teacher certification, employment rates,
151longitudinal retention rates, and employer satisfaction surveys.
152The employer satisfaction surveys must be designed to measure
153the sufficient preparation of the educator to enter the
154classroom.
155     (5)  Instructors for an alternative certification program
156approved pursuant to this section must possess a master's degree
157in education or a master's degree in an appropriate related
158field and document teaching experience.
159     (6)  Educator preparation institutes approved pursuant to
160this section and providing approved instructional programs for
161any of the purposes in subsection (2) are eligible for funding
162from federal and state funds, as appropriated by the
163Legislature.      
164     (7)  The State Board of Education may adopt rules pursuant
165to ss. 120.536(1) and 120.54 to implement the provisions of this
166section.
167     Section 3.  Section 1012.05, Florida Statutes, is amended
168to read:
169     1012.05  Teacher recruitment and retention.--
170     (1)  The Department of Education, in cooperation with
171teacher organizations, district personnel offices, and schools,
172colleges, and departments of all public and nonpublic
173postsecondary educational institutions, shall concentrate on the
174recruitment and retention of qualified teachers.
175     (2)  The Department of Education shall:
176     (a)  Develop and implement a system for posting teaching
177vacancies and establish a database of teacher applicants that is
178accessible within and outside the state.
179     (b)  Advertise in major newspapers, national professional
180publications, and other professional publications and in public
181and nonpublic postsecondary educational institutions.
182     (c)  Utilize state and nationwide toll-free numbers.
183     (d)  Conduct periodic communications with district
184personnel directors regarding applicants.
185     (e)  Provide district access to the applicant database by
186computer or telephone.
187     (f)  Develop and distribute promotional materials related
188to the teaching profession as a career.
189     (g)  Publish and distribute information pertaining to
190employment opportunities, application procedures, and all routes
191toward teacher certification in Florida, and teacher salaries.
192     (h)  Provide information related to certification
193procedures.
194     (i)  Develop and sponsor the Florida Future Educator of
195America Program throughout the state.
196     (j)  Develop, in consultation with school district staff
197including, but not limited to, district school superintendents,
198district school board members, and district human resources
199personnel, a long-range plan for educator recruitment and
200retention.
201     (k)  Identify best practices for retaining high-quality
202teachers.
203     (l)  Develop, in consultation with Workforce Florida, Inc.,
204and the Agency for Workforce Innovation, created pursuant to ss.
205445.004 and 20.50, respectively, a plan for accessing and
206identifying available resources in the state's workforce system
207for the purpose of enhancing teacher recruitment and retention.
208     (m)  In consultation with school districts, create
209guidelines and identify best practices for mentors of first-time
210teachers and for new teacher support programs that focus on the
211professional assistance needed by first-time teachers throughout
212the first year of teaching.
213     (n)(m)  Develop and implement a First Response Center to
214provide educator candidates one-stop shopping for information on
215teaching careers in Florida and establish the Teacher Lifeline
216Network to provide online support to beginning teachers and
217those needing assistance.
218     (o)  Develop and implement an online teacher tool kit that
219contains a menu of resources, based on the Sunshine State
220Standards, which all teachers can use to enhance classroom
221instruction and increase teacher effectiveness to improve
222student achievement.
223     (p)  Establish an Educator Appreciation Week to recognize
224the significant contributions made by educators to their
225students and school communities.
226     (q)  Notify each teacher, via e-mail, of each item in the
227General Appropriations Act that provides direct benefit to
228teachers, including, but not limited to, the Dale Hickam
229Excellent Teaching Program, the Florida Teachers Lead Program
230Stipend, teacher liability insurance protection, and teacher
231death benefits.
232     (3)(a)  Each district school board shall adopt policies
233relating to mentors and support for first-time teachers based
234upon guidelines issued by the Department of Education.
235     (b)  By September 15 and February 15 each school year, each
236school district shall electronically submit to the Department of
237Education accurate public school e-mail addresses for all
238instructional and administrative personnel as defined in s.
2391012.01(2) and (3).
240     (4)(3)  The Department of Education, in cooperation with
241district personnel offices, shall sponsor a job fair in a
242central part of the state to match in-state educators and
243potential educators and out-of-state educators and potential
244educators with teaching opportunities in this state.
245     (5)(4)  Subject to proviso in the General Appropriations
246Act, the Commissioner of Education may use funds appropriated by
247the Legislature and funds from federal grants and other sources
248to provide incentives for teacher recruitment and preparation
249programs. The purpose of the use of such funds is to recruit and
250prepare individuals who do not graduate from state-approved
251teacher preparation programs to teach in a Florida public
252school. The commissioner may contract with entities other than,
253and including, approved teacher preparation programs to provide
254intensive teacher training leading to passage of the required
255certification exams for the desired subject area or coverage.
256The commissioner shall survey school districts to evaluate the
257effectiveness of such programs.
258     (6)  The commissioner is directed to take steps that
259provide flexibility and consistency in meeting the high-quality
260teacher criteria defined in the federal No Child Left Behind Act
261through a High, Objective, Uniform State Standard of Evaluation
262(HOUSSE).
263     Section 4.  Subsections (2) and (3) of section 1012.231,
264Florida Statutes, are renumbered as subsections (3) and (4),
265respectively, a new subsection (2) is added to said section,
266and, for the purpose of incorporating the amendment to section
2671012.01(2), Florida Statutes, in a reference thereto, subsection
268(1) of said section is reenacted, to read:
269     1012.231  BEST Florida Teaching salary career ladder
270program; assignment of teachers.--
271     (1)  SALARY CAREER LADDER FOR CLASSROOM TEACHERS.--
272Beginning with the 2004-2005 academic year, each district school
273board shall implement a salary career ladder for classroom
274teachers as defined in s. 1012.01(2)(a). Performance shall be
275defined as designated in s. 1012.34(3)(a)1.-7. District school
276boards shall designate categories of classroom teachers
277reflecting these salary career ladder levels as follows:
278     (a)  Associate teacher.--Classroom teachers in the school
279district who have not yet received a professional certificate or
280those with a professional certificate who are evaluated as low-
281performing teachers.
282     (b)  Professional teacher.--Classroom teachers in the
283school district who have received a professional certificate.
284     (c)  Lead teacher.--Classroom teachers in the school
285district who are responsible for leading others in the school as
286department chair, lead teacher, grade-level leader, intern
287coordinator, or professional development coordinator. Lead
288teachers must participate on a regular basis in the direct
289instruction of students and serve as faculty for professional
290development activities as determined by the State Board of
291Education. To be eligible for designation as a lead teacher, a
292teacher must demonstrate outstanding performance pursuant to s.
2931012.34(3)(a)1.-7. and must have been a "professional teacher"
294pursuant to paragraph (b) for at least 1 year.
295     (d)  Mentor teacher.--Classroom teachers in the school
296district who serve as regular mentors to other teachers who are
297either not performing satisfactorily or who strive to become
298more proficient. Mentor teachers must serve as faculty-based
299professional development coordinators and regularly demonstrate
300and share their expertise with other teachers in order to remain
301mentor teachers. Mentor teachers must also participate on a
302regular basis in the direct instruction of low-performing
303students. To be eligible for designation as a mentor teacher, a
304teacher must demonstrate outstanding performance pursuant to s.
3051012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant
306to paragraph (c) for at least two years.
307
308Promotion of a teacher to a higher level on the salary career
309ladder shall be based upon prescribed performance criteria and
310not based upon length of service.
311     (2)  SALARY CAREER LADDER FOR CERTAIN CLASSIFICATIONS OF
312INSTRUCTIONAL PERSONNEL.--Each school district may incorporate
313one or more individuals into the district career ladder program
314as lead teachers pursuant to paragraph (1)(c) for the following
315classifications:
316     (a)  Student personnel services as defined in s.
3171012.01(2)(b).
318     (b)  Librarians/media specialists as defined in s.
3191012.01(2)(c).
320     (c)  Other instructional staff as defined in s.
3211012.01(2)(d).
322     (d)  Teachers of English for Speakers of Other Languages
323pursuant to s. 1003.56.
324
325If a school district chooses to incorporate individuals
326identified in this subsection into the district career ladder
327program, a lead teacher designated pursuant to this subsection
328shall serve as a team leader, intern coordinator, or
329professional development coordinator; shall participate in
330direct instruction of students throughout the school year; and
331shall serve as faculty for professional development activities
332as determined by the State Board of Education. To be eligible
333for designation as a lead teacher, an educator must demonstrate
334outstanding performance pursuant to s. 1012.34(3)(a).
335     Section 5.  Section 1012.32, Florida Statutes, is amended
336to read:
337     1012.32  Qualifications of personnel.--
338     (1)  To be eligible for appointment in any position in any
339district school system, a person shall be of good moral
340character; shall have attained the age of 18 years, if he or she
341is to be employed in an instructional capacity; and shall, when
342required by law, hold a certificate or license issued under
343rules of the State Board of Education or the Department of
344Children and Family Services, except when employed pursuant to
345s. 1012.55 or under the emergency provisions of s. 1012.24.
346Previous residence in this state shall not be required in any
347school of the state as a prerequisite for any person holding a
348valid Florida certificate or license to serve in an
349instructional capacity.
350     (2)(a)  Instructional and noninstructional personnel who
351are hired or contracted to fill positions requiring direct
352contact with students in any district school system or
353university lab school shall, upon employment or engagement to
354provide services, undergo background screening as required under
355s. 1012.56 or s. 1012.465, whichever is applicable, file a
356complete set of fingerprints taken by an authorized law
357enforcement officer or an employee of the school or district who
358is trained to take fingerprints.
359     (b)  Instructional and noninstructional personnel who are
360hired or contracted to fill positions in any charter school and
361members of the governing board of any charter school, in
362compliance with s. 1002.33(12)(g), shall, upon employment,
363engagement of services, or appointment, undergo background
364screening as required under s. 1012.56 or s. 1012.465, whichever
365is applicable, by filing with the district school board for the
366school district in which the charter school is located a
367complete set of fingerprints taken by an authorized law
368enforcement agency or an employee of the school or school
369district who is trained to take fingerprints.
370     (c)  Instructional and noninstructional personnel who are
371hired or contracted to fill positions requiring direct contact
372with students in an alternative school that operates under
373contract with a district school system shall, upon employment or
374engagement to provide services, undergo background screening as
375required under s. 1012.56 or s. 1012.465, whichever is
376applicable, by filing with the district school board for the
377school district to which the alternative school is under
378contract a complete set of fingerprints taken by an authorized
379law enforcement agency or an employee of the school or school
380district who is trained to take fingerprints.
381     (d)  Student teachers, persons participating in a field
382experience pursuant to s. 1004.04(6) or s. 1004.85, and persons
383participating in a short-term experience as a teacher assistant
384pursuant to s. 1004.04(10) in any district school system, lab
385school, or charter school shall, upon engagement to provide
386services, undergo background screening as required under s.
3871012.56.
388
389These Fingerprints shall be submitted to the Department of Law
390Enforcement for state processing and to the Federal Bureau of
391Investigation for federal processing. Persons subject to this
392subsection The new employees shall be on probationary status
393pending fingerprint processing and determination of compliance
394with standards of good moral character. Employees found through
395fingerprint processing to have been convicted of a crime
396involving moral turpitude shall not be employed, engaged to
397provide services, or serve in any position requiring direct
398contact with students. Probationary persons subject to this
399subsection employees terminated because of their criminal record
400shall have the right to appeal such decisions. The cost of the
401background screening fingerprint processing may be borne by the
402district school board, the charter school, or the employee, the
403contractor, or a person subject to this subsection.
404     (b) Personnel who have been fingerprinted or screened
405pursuant to this subsection and who have not been unemployed for
406more than 90 days shall not be required to be refingerprinted or
407rescreened in order to comply with the requirements of this
408subsection.
409     (3)(a)  Beginning July 1, 2004, all fingerprints submitted
410to the Department of Law Enforcement as required by subsection
411(2) shall be retained by the Department of Law Enforcement in a
412manner provided by rule and entered in the statewide automated
413fingerprint identification system authorized by s. 943.05(2)(b).
414Such fingerprints shall thereafter be available for all purposes
415and uses authorized for arrest fingerprint cards entered in the
416statewide automated fingerprint identification system pursuant
417to s. 943.051.
418     (b)  Beginning December 15, 2004, the Department of Law
419Enforcement shall search all arrest fingerprint cards received
420under s. 943.051 against the fingerprints retained in the
421statewide automated fingerprint identification system under
422paragraph (a). Any arrest record that is identified with the
423retained fingerprints of a person subject to the background
424screening under this section shall be reported to the employing
425or contracting school district or the school district with which
426the person is affiliated. Each school district is required to
427participate in this search process by payment of an annual fee
428to the Department of Law Enforcement and by informing the
429Department of Law Enforcement of any change in the affiliation,
430employment, or contractual status or place of affiliation,
431employment, or contracting of its instructional and
432noninstructional personnel whose fingerprints are retained under
433paragraph (a). The Department of Law Enforcement shall adopt a
434rule setting the amount of the annual fee to be imposed upon
435each school district for performing these searches and
436establishing the procedures for the retention of instructional
437and noninstructional personnel fingerprints and the
438dissemination of search results. The fee may be borne by the
439district school board, the contractor, or the person
440fingerprinted.
441     (c)  Personnel whose fingerprints are not retained by the
442Department of Law Enforcement under paragraphs (a) and (b) are
443required to be refingerprinted and must meet state and federal
444background screening requirements as described in this section,
445upon reemployment or reengagement to provide services, in order
446to comply with the requirements of this subsection.
447     Section 6.  Paragraph (g) of subsection (3) of section
4481012.33, Florida Statutes, is amended to read:
449     1012.33  Contracts with instructional staff, supervisors,
450and school principals.--
451     (3)
452     (g)  Beginning July 1, 2001, For each employee who enters
453into a written contract, pursuant to this section, in a school
454district in which the employee was not employed as of June 30,
4552001, for purposes of pay, a district school board must
456recognize and accept each year of full-time public school
457teaching service earned in the State of Florida or outside the
458state and for which the employee received a satisfactory
459performance evaluation. Instructional personnel employed
460pursuant to s. 121.091(9)(b)3. are exempt from the provisions of
461this paragraph.
462     Section 7.  Section 1012.35, Florida Statutes, is amended
463to read:
464     1012.35  Substitute teachers.--
465     (1)(a)  Each district school board shall adopt rules
466prescribing the compensation of, and the procedure for
467employment of, substitute teachers. Such procedure for
468employment shall include, but is not limited to, the background
469screening filing of a complete set of fingerprints as required
470in s. 1012.32; documentation of a minimum education level of a
471high school diploma or its equivalent; and completion of an
472initial orientation/training program in school district policies
473and procedures addressing school safety and security procedures,
474educational liability laws, professional responsibilities, and
475ethics.
476     (b)  Candidates without prior teaching experience, as
477determined by the employing school district, must complete an
478additional training program that includes classroom management
479skills and instructional strategies.
480     (c)  The required training programs for substitute teachers
481may be provided by educator preparation institutes established
482pursuant to s. 1004.85, community colleges, colleges of
483education, district school boards, educational consortia, or
484commercial vendors.
485     (d)  It is recommended that ongoing training and access to
486professional development offerings be made available to
487substitute teachers by the employing school district.
488     (2)  The Department of Education shall develop web-based
489resources to enhance school district substitute teacher
490orientation programs and provide web-based training resources to
491meet the required training pursuant to paragraph (1)(b).
492     (3)  School districts shall develop performance appraisal
493measures for assessing the quality of instruction delivered by
494substitute teachers who provide instruction for 30 or more days
495in a single classroom placement.
496     Section 8.  Subsection (1) of section 1012.39, Florida
497Statutes, is amended to read:
498     1012.39  Employment of substitute teachers, teachers of
499adult education, nondegreed teachers of career education, and
500career specialists; students performing clinical field
501experience.--
502     (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
5031012.57, or any other provision of law or rule to the contrary,
504each district school board shall establish the minimal
505qualifications for:
506     (a)  Substitute teachers to be employed pursuant to s.
5071012.35. The qualifications shall require the filing of a
508background screening complete set of fingerprints in the same
509manner as required by s. 1012.32; documentation of a minimum
510education level of a high school diploma or its equivalent; and
511completion of an initial orientation/training program in school
512district policies and procedures addressing school safety and
513security procedures, educational liability laws, professional
514responsibilities, and ethics.
515     (b)  Part-time and full-time teachers in adult education
516programs. The qualifications shall require the filing of a
517background screening complete set of fingerprints in the same
518manner as required by s. 1012.32. Faculty employed solely to
519conduct postsecondary instruction may be exempted from this
520requirement.
521     (c)  Part-time and full-time nondegreed teachers of career
522and technical programs. Qualifications shall be established for
523agriculture, business, health occupations, family and consumer
524sciences, industrial, marketing, career specialist, and public
525service education teachers, based primarily on successful
526occupational experience rather than academic training. The
527qualifications for such teachers shall require:
528     1.  The filing of a background screening complete set of
529fingerprints in the same manner as required by s. 1012.32.
530Faculty employed solely to conduct postsecondary instruction may
531be exempted from this requirement.
532     2.  Documentation of education and successful occupational
533experience including documentation of:
534     a.  A high school diploma or the equivalent.
535     b.  Completion of 6 years of full-time successful
536occupational experience or the equivalent of part-time
537experience in the teaching specialization area. Alternate means
538of determining successful occupational experience may be
539established by the district school board.
540     c.  Completion of career education training conducted
541through the local school district inservice master plan.
542     d.  For full-time teachers, completion of professional
543education training in teaching methods, course construction,
544lesson planning and evaluation, and teaching special needs
545students. This training may be completed through coursework from
546an accredited or approved institution or an approved district
547teacher education program.
548     e.  Demonstration of successful teaching performance.
549     Section 9.  Section 1012.465, Florida Statutes, is created
550to read:
551     1012.465  Background screening requirements for certain
552noninstructional school district employees and contractors.--
553     (1)  Noninstructional school district employees or
554contractual personnel who have direct contact with students or
555have access to or control of school funds must meet background
556screening requirements as described in s. 1012.32.
557     (2)  Every 5 years following employment or entry into a
558contract in a capacity described in subsection (1), each person
559who is so employed or under contract with the school district
560must meet background screening requirements at which time the
561school district shall request the Department of Law Enforcement
562to forward the fingerprints to the Federal Bureau of
563Investigation for the federal background screening. If, for any
564reason following employment or entry into a contract in a
565capacity described in subsection (1), the fingerprints of a
566person who is so employed or under contract with the school
567district are not retained by the Department of Law Enforcement
568under s. 1012.32(3)(a) and (b), the person must file a complete
569set of fingerprints with the district school superintendent of
570the employing or contracting school district. Upon submission of
571fingerprints for this purpose, the school district shall request
572the Department of Law Enforcement to forward the fingerprints to
573the Federal Bureau of Investigation for federal background
574screening, and the fingerprints shall be retained by the
575Department of Law Enforcement under s. 1012.32(3)(a) and (b).
576The cost of the state and federal criminal history check may be
577borne by the district school board, the contractor, or the
578person fingerprinted. Under penalty of perjury, each person who
579is employed or under contract in a capacity described in
580subsection (1) must agree to inform his or her employer or the
581party with whom he or she is under contract within 48 hours if
582convicted of any disqualifying offense while he or she is
583employed or under contract in that capacity.
584     (3)  If it is found that a person who is employed or under
585contract in a capacity described in subsection (1) does not meet
586the background screening requirements described in s. 1012.32,
587the person shall be immediately suspended from working in that
588capacity and shall remain suspended until final resolution of
589any appeals.
590     Section 10.  Subsections (1) and (4) of section 1012.55,
591Florida Statutes, are amended to read:
592     1012.55  Positions for which certificates required.--
593     (1)  The State Board of Education shall classify school
594services, designate the certification subject areas, establish
595competencies, including the use of technology to enhance student
596learning, and certification requirements for all school-based
597personnel, and adopt rules in accordance with which the
598professional, temporary, and part-time certificates shall be
599issued by the Department of Education to applicants who meet the
600standards prescribed by such rules for their class of service.
601Each person employed or occupying a position as school
602supervisor, school principal, teacher, library media specialist,
603school counselor, athletic coach, or other position in which the
604employee serves in an instructional capacity, in any public
605school of any district of this state shall hold the certificate
606required by law and by rules of the State Board of Education in
607fulfilling the requirements of the law for the type of service
608rendered. The Department of Education shall identify appropriate
609educator certification for the instruction of specified courses
610in an annual publication of a directory of course code numbers
611for all programs and courses that are funded through the Florida
612Education Finance Program. However, the state board shall adopt
613rules authorizing district school boards to employ selected
614noncertificated personnel to provide instructional services in
615the individuals' fields of specialty or to assist instructional
616staff members as education paraprofessionals.
617     (4)  A commissioned or noncommissioned military officer who
618is an instructor of junior reserve officer training shall be
619exempt from requirements for teacher certification, except for
620the background screening filing of fingerprints pursuant to s.
6211012.32, if he or she meets the following qualifications:
622     (a)  Is retired from active military duty, pursuant to
623chapter 102 of Title 10, U.S.C.
624     (b)  Satisfies criteria established by the appropriate
625military service for certification by the service as a junior
626reserve officer training instructor.
627     (c)  Has an exemplary military record.
628
629If such instructor is assigned instructional duties other than
630junior reserve officer training, he or she shall hold the
631certificate required by law and rules of the state board for the
632type of service rendered.
633     Section 11.  Subsection (1), paragraphs (b) and (d) of
634subsection (2), and subsections (3), (4), and (5) of section
6351012.56, Florida Statutes, are amended, subsections (9) through
636(15) are renumbered as subsections (10) through (16),
637respectively, and a new subsection (9) is added to said section,
638to read:
639     1012.56  Educator certification requirements.--
640     (1)  APPLICATION.--Each person seeking certification
641pursuant to this chapter shall submit a completed application
642containing the applicant's social security number to the
643Department of Education and remit the fee required pursuant to
644s. 1012.59 and rules of the State Board of Education. Pursuant
645to the federal Personal Responsibility and Work Opportunity
646Reconciliation Act of 1996, each party is required to provide
647his or her social security number in accordance with this
648section. Disclosure of social security numbers obtained through
649this requirement is limited to the purpose of administration of
650the Title IV-D program of the Social Security Act for child
651support enforcement. Pursuant to s. 120.60, the department shall
652issue within 90 calendar days after the stamped receipted date
653of the completed application:
654     (a)  If the applicant meets the requirements, a
655professional certificate covering the classification, level, and
656area for which the applicant is deemed qualified and a document
657explaining the requirements for renewal of the professional
658certificate; or
659     (b)  If the applicant meets the requirements and if
660requested by an employing school district or an employing
661private school with a professional education competence
662demonstration program pursuant to paragraphs (5)(f) and (7)(b),
663a temporary certificate covering the classification, level, and
664area for which the applicant is deemed qualified and an official
665statement of status of eligibility; or
666     (c)(b)  If an applicant does not meet the requirements for
667either certificate, an official statement of status of
668eligibility.
669
670The statement of status of eligibility must advise the applicant
671of any qualifications that must be completed to qualify for
672certification. Each statement of status of eligibility is valid
673for 3 years after its date of issuance, except as provided in
674paragraph (2)(d).
675     (2)  ELIGIBILITY CRITERIA.--To be eligible to seek
676certification, a person must:
677     (b)  File an affidavit a written statement, under oath,
678that the applicant subscribes to and will uphold the principles
679incorporated in the Constitution of the United States and the
680Constitution of the State of Florida and that the information
681provided in the application is true, accurate, and complete. The
682affidavit shall be by original signature or by electronic
683authentication. The affidavit shall include substantially the
684following warning:
685
686WARNING: Giving false information in order to obtain or renew a
687Florida educator's certificate is a criminal offense under
688Florida law. Anyone giving false information on this affidavit
689is subject to criminal prosecution as well as disciplinary
690action by the Education Practices Commission.
691
692     (d)  Submit to background screening in accordance with
693subsection (9) a fingerprint check from the Department of Law
694Enforcement and the Federal Bureau of Investigation pursuant to
695s. 1012.32. If the background screening indicates fingerprint
696reports indicate a criminal history or if the applicant
697acknowledges a criminal history, the applicant's records shall
698be referred to the investigative section in the Department of
699Education Bureau of Educator Standards for review and
700determination of eligibility for certification. If the applicant
701fails to provide the necessary documentation requested by the
702department Bureau of Educator Standards within 90 days after the
703date of the receipt of the certified mail request, the statement
704of eligibility and pending application shall become invalid.
705     (3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of
706demonstrating mastery of general knowledge are:
707     (a)  Achievement of passing scores on basic skills
708examination required by state board rule;
709     (b)  Achievement of passing scores on the College Level
710Academic Skills Test earned prior to July 1, 2002;
711     (c)  A valid professional standard teaching certificate
712issued by another state;
713     (d)  A valid certificate issued by the National Board for
714Professional Teaching Standards or a national educator
715credentialing board approved by the State Board of Education; or
716     (e)  Documentation of two semesters of successful teaching
717in a community college, state university, or private college or
718university that awards an associate or higher degree and is an
719accredited institution or an institution of higher education
720identified by the Department of Education as having a quality
721program.
722     (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable means
723of demonstrating mastery of subject area knowledge are:
724     (a)  Achievement of passing scores on subject area
725examinations required by state board rule;
726     (b)  Completion of the subject area specialization
727requirements specified in state board rule and verification of
728the attainment of the essential subject matter competencies by
729the district school superintendent of the employing school
730district or chief administrative officer of the employing state-
731supported or private school for a subject area for which a
732subject area examination has not been developed and required by
733state board rule;
734     (c)  Completion of the subject area specialization
735requirements specified in state board rule for a subject
736coverage requiring a master's or higher degree and achievement
737of a passing score on the subject area examination specified in
738state board rule;
739     (d)  A valid professional standard teaching certificate
740issued by another state; or
741     (e)  A valid certificate issued by the National Board for
742Professional Teaching Standards or a national educator
743credentialing board approved by the State Board of Education.
744     (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
745COMPETENCE.--Acceptable means of demonstrating mastery of
746professional preparation and education competence are:
747     (a)  Completion of an approved teacher preparation program
748at a postsecondary educational institution within this state and
749achievement of a passing score on the professional education
750competency examination required by state board rule;
751     (b)  Completion of a teacher preparation program at a
752postsecondary educational institution outside Florida and
753achievement of a passing score on the professional education
754competency examination required by state board rule;
755     (c)  A valid professional standard teaching certificate
756issued by another state;
757     (d)  A valid certificate issued by the National Board for
758Professional Teaching Standards or a national educator
759credentialing board approved by the State Board of Education;
760     (e)  Documentation of two semesters of successful teaching
761in a community college, state university, or private college or
762university that awards an associate or higher degree and is an
763accredited institution or an institution of higher education
764identified by the Department of Education as having a quality
765program;
766     (f)  Completion of professional preparation courses as
767specified in state board rule, successful completion of a
768professional education competence demonstration program pursuant
769to paragraph (7)(b), and achievement of a passing score on the
770professional education competency examination required by state
771board rule; or
772     (g)  Successful completion of a professional preparation
773alternative certification and education competency program,
774outlined in paragraph (7)(a); or
775     (h)  Successful completion of an alternative certification
776program pursuant to s. 1004.85 and achievement of a passing
777score on the professional education competency examination
778required by state board rule.
779     (9)  BACKGROUND SCREENING REQUIRED, INITIALLY AND
780PERIODICALLY.--
781     (a)  Each person who seeks certification under this chapter
782must meet the background screening requirements described in s.
7831012.32 unless state and federal background screening has been
784conducted by a district school board or the Department of
785Education within 12 months before the date the person initially
786obtains certification under this chapter, the results of which
787are submitted to the district school board or to the Department
788of Education.
789     (b)  A person may not receive a certificate under this
790chapter until the background screening has been completed and
791the results have been submitted to the Department of Education
792or to the district school superintendent of the school district
793that employs the person. Every 5 years after obtaining initial
794certification, each person who is required to be certified under
795this chapter must meet background screening requirements as
796described in s. 1012.32 at which time the school district shall
797request the Department of Law Enforcement to forward the
798fingerprints to the Federal Bureau of Investigation for the
799federal background screening. If, for any reason after obtaining
800initial certification, the fingerprints of a person who is
801required to be certified under this chapter are not retained by
802the Department of Law Enforcement under s. 1012.32(3)(a) and
803(b), the person must file a complete set of fingerprints with
804the district school superintendent of the employing school
805district. Upon submission of fingerprints for this purpose, the
806school district shall request the Department of Law Enforcement
807to forward the fingerprints to the Federal Bureau of
808Investigation for federal background screening, and the
809fingerprints shall be retained by the Department of Law
810Enforcement under s. 1012.32(3)(a) and (b). The cost of the
811state and federal criminal history check may be borne by the
812district school board or the employee. Under penalty of perjury,
813each person who is certified under this chapter must agree to
814inform his or her employer within 48 hours if convicted of any
815disqualifying offense while he or she is employed in a position
816for which such certification is required.
817     (c)  If it is found under s. 1012.796 that a person who is
818employed in a position requiring certification under this
819chapter does not meet the background screening requirements, the
820person's certification shall be immediately revoked or suspended
821and he or she shall be immediately suspended from the position
822requiring certification.
823     Section 12.  Section 1012.561, Florida Statutes, is created
824to read:
825     1012.561  Address of record.--Each certified educator or
826applicant for certification is responsible for maintaining his
827or her current address with the Department of Education and for
828notifying the department in writing of a change of address. By
829January 1, 2005, each educator and applicant for certification
830must have on file with the department a current mailing address.
831Thereafter, a certified educator or applicant for certification
832who is employed by a district school board shall notify his or
833her employing school district in writing within 10 days after a
834change of address. At a minimum, the employing district school
835board shall notify the department quarterly of the addresses of
836certified educators or applicants for certification in the
837manner prescribed by the department. A certified educator or
838applicant for certification not employed by a district school
839board shall personally notify the department in writing within
84030 days after a change of address. Electronic notification shall
841be permitted by the department; however, it shall be the
842responsibility of the certified educator or applicant for
843certification to ascertain that the electronic notification was
844received by the department.
845     Section 13.  Section 1012.57, Florida Statutes, is amended
846to read:
847     1012.57  Certification of adjunct educators.--
848     (1)  Notwithstanding the provisions of ss. 1012.32,
8491012.55, and 1012.56, or any other provision of law or rule to
850the contrary, district school boards shall adopt rules to allow
851for the issuance of an adjunct teaching certificate to any
852applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
853and (9) and who has expertise in the subject area to be taught.
854An applicant shall be considered to have expertise in the
855subject area to be taught if the applicant demonstrates
856sufficient subject area mastery through passage of a subject
857area test. The adjunct teaching certificate shall be used for
858part-time teaching positions. The intent of this provision is to
859allow school districts to tap the wealth of talent and expertise
860represented in Florida's citizens who may wish to teach part-
861time in a Florida public school by permitting school districts
862to issue adjunct certificates to qualified applicants. Adjunct
863certificateholders should be used as a strategy to reduce the
864teacher shortage; thus, adjunct certificateholders should
865supplement a school's instructional staff, not supplant it. Each
866school principal shall assign an experienced peer mentor to
867assist the adjunct teaching certificateholder during the
868certificateholder's first year of teaching, and an adjunct
869certificateholder may participate in a district's new teacher
870training program. District school boards shall provide the
871adjunct teaching certificateholder an orientation in classroom
872management prior to assigning the certificateholder to a school.
873Each adjunct teaching certificate is valid for 5 school years
874and is renewable if the applicant has received satisfactory
875performance evaluations during each year of teaching under
876adjunct teaching certification.
877     (2)  Individuals who are certified and employed under
878pursuant to this section shall have the same rights and
879protection of laws as teachers certified under pursuant to s.
8801012.56.
881     Section 14.  Paragraph (d) of subsection (3) of section
8821012.585, Florida Statutes, is amended to read:
883     1012.585  Process for renewal of professional
884certificates.--
885     (3)  For the renewal of a professional certificate, the
886following requirements must be met:
887     (d)  The State Board of Education shall adopt rules for the
888expanded use of training for renewal of the professional
889certificate for educators who are required to complete training
890in teaching students of limited English proficiency and training
891in the teaching of reading as follows:
892     1.  A teacher who holds a professional certificate may use
893college credits or inservice points completed in English-for-
894Speakers-of-Other-Languages training and training in the
895teaching of reading in excess of 6 semester hours during one
896certificate-validity period toward renewal of the professional
897certificate during the subsequent validity periods.
898     2.  A teacher who holds a temporary certificate may use
899college credits or inservice points completed in English-for-
900Speakers-of-Other-Languages training and training in the
901teaching of reading toward renewal of the teacher's first
902professional certificate. Such training must not have been
903included within the degree program, and the teacher's temporary
904and professional certificates must be issued for consecutive
905school years.
906     Section 15.  Paragraph (g) of subsection (12) of section
9071002.33, Florida Statutes, is amended to read:
908     1002.33  Charter schools.--
909     (12)  EMPLOYEES OF CHARTER SCHOOLS.--
910     (g)  A charter school shall employ or contract with
911employees who have undergone background screening been
912fingerprinted as provided in s. 1012.32. Members of the
913governing board of the charter school shall also undergo
914background screening be fingerprinted in a manner similar to
915that provided in s. 1012.32.     
916     Section 16.  Subsection (2) of section 1012.01, Florida
917Statutes, is amended to read:
918     1012.01  Definitions.--Specific definitions shall be as
919follows, and wherever such defined words or terms are used in
920the Florida K-20 Education Code, they shall be used as follows:
921     (2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
922means any K-12 staff member whose function includes the
923provision of direct instructional services to students.
924Instructional personnel also includes K-12 personnel whose
925functions provide direct support in the learning process of
926students. Included in the classification of instructional
927personnel are the following K-12 personnel:
928     (a)  Classroom teachers.--Classroom teachers are staff
929members assigned the professional activity of instructing
930students in courses in classroom situations, including basic
931instruction, exceptional student education, career and technical
932education, and adult education, including substitute teachers.
933     (b)  Student personnel services.--Student personnel
934services include staff members responsible for: advising
935students with regard to their abilities and aptitudes,
936educational and occupational opportunities, and personal and
937social adjustments; providing placement services; performing
938educational evaluations; and similar functions. Included in this
939classification are guidance counselors, social workers,
940occupational/placement specialists, and school psychologists.
941     (c)  Librarians/media specialists.--Librarians/media
942specialists are staff members responsible for providing school
943library media services. These employees are responsible for
944evaluating, selecting, organizing, and managing media and
945technology resources, equipment, and related systems;
946facilitating access to information resources beyond the school;
947working with teachers to make resources available in the
948instructional programs; assisting teachers and students in media
949productions; and instructing students in the location and use of
950information resources.
951     (d)  Other instructional staff.--Other instructional staff
952are staff members who are part of the instructional staff but
953are not classified in one of the categories specified in
954paragraphs (a)-(c). Included in this classification are primary
955specialists, learning resource specialists, instructional
956trainers, adjunct educators certified pursuant to s. 1012.57,
957and similar positions.
958     (e)  Education paraprofessionals.--Education
959paraprofessionals are individuals who are under the direct
960supervision of an instructional staff member, aiding the
961instructional process. Included in this classification are
962classroom paraprofessionals in regular instruction, exceptional
963education paraprofessionals, career education paraprofessionals,
964adult education paraprofessionals, library paraprofessionals,
965physical education and playground paraprofessionals, and other
966school-level paraprofessionals.
967     Section 17.  For the purpose of incorporating the amendment
968to section 1012.01(2), Florida Statutes, in a reference thereto,
969paragraph (b) of subsection (1) of section 112.1915, Florida
970Statutes, is reenacted to read:
971     112.1915  Teachers and school administrators; death
972benefits.--Any other provision of law to the contrary
973notwithstanding:
974     (1)  As used in this section, the term:
975     (b)  "Teacher" means any instructional staff personnel as
976described in s. 1012.01(2).
977     Section 18.  Paragraphs (a) and (b) of subsection (13) of
978section 121.091, Florida Statutes, are amended, and, for the
979purpose of incorporating the amendment to section 1012.01(2),
980Florida Statutes, in a reference thereto, paragraph (b) of
981subsection (9) of said section is reenacted, to read:
982     121.091  Benefits payable under the system.--Benefits may
983not be paid under this section unless the member has terminated
984employment as provided in s. 121.021(39)(a) or begun
985participation in the Deferred Retirement Option Program as
986provided in subsection (13), and a proper application has been
987filed in the manner prescribed by the department. The department
988may cancel an application for retirement benefits when the
989member or beneficiary fails to timely provide the information
990and documents required by this chapter and the department's
991rules. The department shall adopt rules establishing procedures
992for application for retirement benefits and for the cancellation
993of such application when the required information or documents
994are not received.
995     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
996     (b)1.  Any person who is retired under this chapter, except
997under the disability retirement provisions of subsection (4),
998may be reemployed by any private or public employer after
999retirement and receive retirement benefits and compensation from
1000his or her employer without any limitations, except that a
1001person may not receive both a salary from reemployment with any
1002agency participating in the Florida Retirement System and
1003retirement benefits under this chapter for a period of 12 months
1004immediately subsequent to the date of retirement. However, a
1005DROP participant shall continue employment and receive a salary
1006during the period of participation in the Deferred Retirement
1007Option Program, as provided in subsection (13).
1008     2.  Any person to whom the limitation in subparagraph 1.
1009applies who violates such reemployment limitation and who is
1010reemployed with any agency participating in the Florida
1011Retirement System before completion of the 12-month limitation
1012period shall give timely notice of this fact in writing to the
1013employer and to the division and shall have his or her
1014retirement benefits suspended for the balance of the 12-month
1015limitation period. Any person employed in violation of this
1016paragraph and any employing agency which knowingly employs or
1017appoints such person without notifying the Division of
1018Retirement to suspend retirement benefits shall be jointly and
1019severally liable for reimbursement to the retirement trust fund
1020of any benefits paid during the reemployment limitation period.
1021To avoid liability, such employing agency shall have a written
1022statement from the retiree that he or she is not retired from a
1023state-administered retirement system. Any retirement benefits
1024received while reemployed during this reemployment limitation
1025period shall be repaid to the retirement trust fund, and
1026retirement benefits shall remain suspended until such repayment
1027has been made. Benefits suspended beyond the reemployment
1028limitation shall apply toward repayment of benefits received in
1029violation of the reemployment limitation.
1030     3.  A district school board may reemploy a retired member
1031as a substitute or hourly teacher, education paraprofessional,
1032transportation assistant, bus driver, or food service worker on
1033a noncontractual basis after he or she has been retired for 1
1034calendar month, in accordance with s. 121.021(39). A district
1035school board may reemploy a retired member as instructional
1036personnel, as defined in s. 1012.01(2)(a), on an annual
1037contractual basis after he or she has been retired for 1
1038calendar month, in accordance with s. 121.021(39). Any other
1039retired member who is reemployed within 1 calendar month after
1040retirement shall void his or her application for retirement
1041benefits. District school boards reemploying such teachers,
1042education paraprofessionals, transportation assistants, bus
1043drivers, or food service workers are subject to the retirement
1044contribution required by subparagraph 7.
1045     4.  A community college board of trustees may reemploy a
1046retired member as an adjunct instructor, that is, an instructor
1047who is noncontractual and part-time, or as a participant in a
1048phased retirement program within the Florida Community College
1049System, after he or she has been retired for 1 calendar month,
1050in accordance with s. 121.021(39). Any retired member who is
1051reemployed within 1 calendar month after retirement shall void
1052his or her application for retirement benefits. Boards of
1053trustees reemploying such instructors are subject to the
1054retirement contribution required in subparagraph 7. A retired
1055member may be reemployed as an adjunct instructor for no more
1056than 780 hours during the first 12 months of retirement. Any
1057retired member reemployed for more than 780 hours during the
1058first 12 months of retirement shall give timely notice in
1059writing to the employer and to the division of the date he or
1060she will exceed the limitation. The division shall suspend his
1061or her retirement benefits for the remainder of the first 12
1062months of retirement. Any person employed in violation of this
1063subparagraph and any employing agency which knowingly employs or
1064appoints such person without notifying the Division of
1065Retirement to suspend retirement benefits shall be jointly and
1066severally liable for reimbursement to the retirement trust fund
1067of any benefits paid during the reemployment limitation period.
1068To avoid liability, such employing agency shall have a written
1069statement from the retiree that he or she is not retired from a
1070state-administered retirement system. Any retirement benefits
1071received by a retired member while reemployed in excess of 780
1072hours during the first 12 months of retirement shall be repaid
1073to the Retirement System Trust Fund, and retirement benefits
1074shall remain suspended until repayment is made. Benefits
1075suspended beyond the end of the retired member's first 12 months
1076of retirement shall apply toward repayment of benefits received
1077in violation of the 780-hour reemployment limitation.
1078     5.  The State University System may reemploy a retired
1079member as an adjunct faculty member or as a participant in a
1080phased retirement program within the State University System
1081after the retired member has been retired for 1 calendar month,
1082in accordance with s. 121.021(39). Any retired member who is
1083reemployed within 1 calendar month after retirement shall void
1084his or her application for retirement benefits. The State
1085University System is subject to the retired contribution
1086required in subparagraph 7., as appropriate. A retired member
1087may be reemployed as an adjunct faculty member or a participant
1088in a phased retirement program for no more than 780 hours during
1089the first 12 months of his or her retirement. Any retired member
1090reemployed for more than 780 hours during the first 12 months of
1091retirement shall give timely notice in writing to the employer
1092and to the division of the date he or she will exceed the
1093limitation. The division shall suspend his or her retirement
1094benefits for the remainder of the first 12 months of retirement.
1095Any person employed in violation of this subparagraph and any
1096employing agency which knowingly employs or appoints such person
1097without notifying the Division of Retirement to suspend
1098retirement benefits shall be jointly and severally liable for
1099reimbursement to the retirement trust fund of any benefits paid
1100during the reemployment limitation period. To avoid liability,
1101such employing agency shall have a written statement from the
1102retiree that he or she is not retired from a state-administered
1103retirement system. Any retirement benefits received by a retired
1104member while reemployed in excess of 780 hours during the first
110512 months of retirement shall be repaid to the Retirement System
1106Trust Fund, and retirement benefits shall remain suspended until
1107repayment is made. Benefits suspended beyond the end of the
1108retired member's first 12 months of retirement shall apply
1109toward repayment of benefits received in violation of the 780-
1110hour reemployment limitation.
1111     6.  The Board of Trustees of the Florida School for the
1112Deaf and the Blind may reemploy a retired member as a substitute
1113teacher, substitute residential instructor, or substitute nurse
1114on a noncontractual basis after he or she has been retired for 1
1115calendar month, in accordance with s. 121.021(39). Any retired
1116member who is reemployed within 1 calendar month after
1117retirement shall void his or her application for retirement
1118benefits. The Board of Trustees of the Florida School for the
1119Deaf and the Blind reemploying such teachers, residential
1120instructors, or nurses is subject to the retirement contribution
1121required by subparagraph 7. Reemployment of a retired member as
1122a substitute teacher, substitute residential instructor, or
1123substitute nurse is limited to 780 hours during the first 12
1124months of his or her retirement. Any retired member reemployed
1125for more than 780 hours during the first 12 months of retirement
1126shall give timely notice in writing to the employer and to the
1127division of the date he or she will exceed the limitation. The
1128division shall suspend his or her retirement benefits for the
1129remainder of the first 12 months of retirement. Any person
1130employed in violation of this subparagraph and any employing
1131agency which knowingly employs or appoints such person without
1132notifying the Division of Retirement to suspend retirement
1133benefits shall be jointly and severally liable for reimbursement
1134to the retirement trust fund of any benefits paid during the
1135reemployment limitation period. To avoid liability, such
1136employing agency shall have a written statement from the retiree
1137that he or she is not retired from a state-administered
1138retirement system. Any retirement benefits received by a retired
1139member while reemployed in excess of 780 hours during the first
114012 months of retirement shall be repaid to the Retirement System
1141Trust Fund, and his or her retirement benefits shall remain
1142suspended until payment is made. Benefits suspended beyond the
1143end of the retired member's first 12 months of retirement shall
1144apply toward repayment of benefits received in violation of the
1145780-hour reemployment limitation.
1146     7.  The employment by an employer of any retiree or DROP
1147participant of any state-administered retirement system shall
1148have no effect on the average final compensation or years of
1149creditable service of the retiree or DROP participant. Prior to
1150July 1, 1991, upon employment of any person, other than an
1151elected officer as provided in s. 121.053, who has been retired
1152under any state-administered retirement program, the employer
1153shall pay retirement contributions in an amount equal to the
1154unfunded actuarial liability portion of the employer
1155contribution which would be required for regular members of the
1156Florida Retirement System. Effective July 1, 1991, contributions
1157shall be made as provided in s. 121.122 for retirees with
1158renewed membership or subsection (13) with respect to DROP
1159participants.
1160     8.  Any person who has previously retired and who is
1161holding an elective public office or an appointment to an
1162elective public office eligible for the Elected Officers' Class
1163on or after July 1, 1990, shall be enrolled in the Florida
1164Retirement System as provided in s. 121.053(1)(b) or, if holding
1165an elective public office that does not qualify for the Elected
1166Officers' Class on or after July 1, 1991, shall be enrolled in
1167the Florida Retirement System as provided in s. 121.122, and
1168shall continue to receive retirement benefits as well as
1169compensation for the elected officer's service for as long as he
1170or she remains in elective office. However, any retired member
1171who served in an elective office prior to July 1, 1990,
1172suspended his or her retirement benefit, and had his or her
1173Florida Retirement System membership reinstated shall, upon
1174retirement from such office, have his or her retirement benefit
1175recalculated to include the additional service and compensation
1176earned.
1177     9.  Any person who is holding an elective public office
1178which is covered by the Florida Retirement System and who is
1179concurrently employed in nonelected covered employment may elect
1180to retire while continuing employment in the elective public
1181office, provided that he or she shall be required to terminate
1182his or her nonelected covered employment. Any person who
1183exercises this election shall receive his or her retirement
1184benefits in addition to the compensation of the elective office
1185without regard to the time limitations otherwise provided in
1186this subsection. No person who seeks to exercise the provisions
1187of this subparagraph, as the same existed prior to May 3, 1984,
1188shall be deemed to be retired under those provisions, unless
1189such person is eligible to retire under the provisions of this
1190subparagraph, as amended by chapter 84-11, Laws of Florida.
1191     10.  The limitations of this paragraph apply to
1192reemployment in any capacity with an "employer" as defined in s.
1193121.021(10), irrespective of the category of funds from which
1194the person is compensated.
1195     11.  An employing agency may reemploy a retired member as a
1196firefighter or paramedic after the retired member has been
1197retired for 1 calendar month, in accordance with s. 121.021(39).
1198Any retired member who is reemployed within 1 calendar month
1199after retirement shall void his or her application for
1200retirement benefits. The employing agency reemploying such
1201firefighter or paramedic is subject to the retired contribution
1202required in subparagraph 8. Reemployment of a retired
1203firefighter or paramedic is limited to no more than 780 hours
1204during the first 12 months of his or her retirement. Any retired
1205member reemployed for more than 780 hours during the first 12
1206months of retirement shall give timely notice in writing to the
1207employer and to the division of the date he or she will exceed
1208the limitation. The division shall suspend his or her retirement
1209benefits for the remainder of the first 12 months of retirement.
1210Any person employed in violation of this subparagraph and any
1211employing agency which knowingly employs or appoints such person
1212without notifying the Division of Retirement to suspend
1213retirement benefits shall be jointly and severally liable for
1214reimbursement to the Retirement System Trust Fund of any
1215benefits paid during the reemployment limitation period. To
1216avoid liability, such employing agency shall have a written
1217statement from the retiree that he or she is not retired from a
1218state-administered retirement system. Any retirement benefits
1219received by a retired member while reemployed in excess of 780
1220hours during the first 12 months of retirement shall be repaid
1221to the Retirement System Trust Fund, and retirement benefits
1222shall remain suspended until repayment is made. Benefits
1223suspended beyond the end of the retired member's first 12 months
1224of retirement shall apply toward repayment of benefits received
1225in violation of the 780-hour reemployment limitation.
1226     (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
1227subject to the provisions of this section, the Deferred
1228Retirement Option Program, hereinafter referred to as the DROP,
1229is a program under which an eligible member of the Florida
1230Retirement System may elect to participate, deferring receipt of
1231retirement benefits while continuing employment with his or her
1232Florida Retirement System employer. The deferred monthly
1233benefits shall accrue in the System Trust Fund on behalf of the
1234participant, plus interest compounded monthly, for the specified
1235period of the DROP participation, as provided in paragraph (c).
1236Upon termination of employment, the participant shall receive
1237the total DROP benefits and begin to receive the previously
1238determined normal retirement benefits. Participation in the DROP
1239does not guarantee employment for the specified period of DROP.
1240Participation in the DROP by an eligible member beyond the
1241initial 60-month period as authorized in this subsection shall
1242be on an annual contractual basis for all participants.
1243     (a)  Eligibility of member to participate in the DROP.--All
1244active Florida Retirement System members in a regularly
1245established position, and all active members of either the
1246Teachers' Retirement System established in chapter 238 or the
1247State and County Officers' and Employees' Retirement System
1248established in chapter 122 which systems are consolidated within
1249the Florida Retirement System under s. 121.011, are eligible to
1250elect participation in the DROP provided that:
1251     1.  The member is not a renewed member of the Florida
1252Retirement System under s. 121.122, or a member of the State
1253Community College System Optional Retirement Program under s.
1254121.051, the Senior Management Service Optional Annuity Program
1255under s. 121.055, or the optional retirement program for the
1256State University System under s. 121.35.
1257     2.  Except as provided in subparagraph 6., election to
1258participate is made within 12 months immediately following the
1259date on which the member first reaches normal retirement date,
1260or, for a member who reaches normal retirement date based on
1261service before he or she reaches age 62, or age 55 for Special
1262Risk Class members, election to participate may be deferred to
1263the 12 months immediately following the date the member attains
126457, or age 52 for Special Risk Class members. For a member who
1265first reached normal retirement date or the deferred eligibility
1266date described above prior to the effective date of this
1267section, election to participate shall be made within 12 months
1268after the effective date of this section. A member who fails to
1269make an election within such 12-month limitation period shall
1270forfeit all rights to participate in the DROP. The member shall
1271advise his or her employer and the division in writing of the
1272date on which the DROP shall begin. Such beginning date may be
1273subsequent to the 12-month election period, but must be within
1274the 60-month or, with respect to members who are instructional
1275personnel employed by the Florida School for the Deaf and the
1276Blind and who have received authorization by the Board of
1277Trustees of the Florida School for the Deaf and the Blind to
1278participate in the DROP beyond 60 months, or who are
1279instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1280grades K-12 and who have received authorization by the district
1281school superintendent or, effective June 1, 2004, by the
1282director or principal of a developmental research school as
1283described in s. 1002.32 to participate in the DROP beyond 60
1284months, the 96-month limitation period as provided in
1285subparagraph (b)1. When establishing eligibility of the member
1286to participate in the DROP for the 60-month or, with respect to
1287members who are instructional personnel employed by the Florida
1288School for the Deaf and the Blind and who have received
1289authorization by the Board of Trustees of the Florida School for
1290the Deaf and the Blind to participate in the DROP beyond 60
1291months, or who are instructional personnel as defined in s.
12921012.01(2)(a)-(d) in grades K-12 and who have received
1293authorization by the district school superintendent or,
1294effective June 1, 2004, by the director or principal of a
1295developmental research school as described in s. 1002.32 to
1296participate in the DROP beyond 60 months, the 96-month maximum
1297participation period, the member may elect to include or exclude
1298any optional service credit purchased by the member from the
1299total service used to establish the normal retirement date. A
1300member with dual normal retirement dates shall be eligible to
1301elect to participate in DROP within 12 months after attaining
1302normal retirement date in either class.
1303     3.  The employer of a member electing to participate in the
1304DROP, or employers if dually employed, shall acknowledge in
1305writing to the division the date the member's participation in
1306the DROP begins and the date the member's employment and DROP
1307participation will terminate.
1308     4.  Simultaneous employment of a participant by additional
1309Florida Retirement System employers subsequent to the
1310commencement of participation in the DROP shall be permissible
1311provided such employers acknowledge in writing a DROP
1312termination date no later than the participant's existing
1313termination date or the 60-month limitation period as provided
1314in subparagraph (b)1.
1315     5.  A DROP participant may change employers while
1316participating in the DROP, subject to the following:
1317     a.  A change of employment must take place without a break
1318in service so that the member receives salary for each month of
1319continuous DROP participation. If a member receives no salary
1320during a month, DROP participation shall cease unless the
1321employer verifies a continuation of the employment relationship
1322for such participant pursuant to s. 121.021(39)(b).
1323     b.  Such participant and new employer shall notify the
1324division on forms required by the division as to the identity of
1325the new employer.
1326     c.  The new employer shall acknowledge, in writing, the
1327participant's DROP termination date, which may be extended but
1328not beyond the original 60-month or, with respect to members who
1329are instructional personnel employed by the Florida School for
1330the Deaf and the Blind and who have received authorization by
1331the Board of Trustees of the Florida School for the Deaf and the
1332Blind to participate in the DROP beyond 60 months, or who are
1333instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1334grades K-12 and who have received authorization by the district
1335school superintendent or, effective June 1, 2004, by the
1336director or principal of a developmental research school as
1337described in s. 1002.32 to participate in the DROP beyond 60
1338months, the 96-month period provided in subparagraph (b)1.,
1339shall acknowledge liability for any additional retirement
1340contributions and interest required if the participant fails to
1341timely terminate employment, and shall be subject to the
1342adjustment required in sub-subparagraph (c)5.d.
1343     6.  Effective July 1, 2001, for instructional personnel as
1344defined in s. 1012.01(2), election to participate in the DROP
1345shall be made at any time following the date on which the member
1346first reaches normal retirement date. The member shall advise
1347his or her employer and the division in writing of the date on
1348which the Deferred Retirement Option Program shall begin. When
1349establishing eligibility of the member to participate in the
1350DROP for the 60-month or, with respect to members who are
1351instructional personnel employed by the Florida School for the
1352Deaf and the Blind and who have received authorization by the
1353Board of Trustees of the Florida School for the Deaf and the
1354Blind to participate in the DROP beyond 60 months, or who are
1355instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1356grades K-12 and who have received authorization by the district
1357school superintendent or, effective June 1, 2004, by the
1358director or principal of a developmental research school as
1359described in s. 1002.32 to participate in the DROP beyond 60
1360months, the 96-month maximum participation period, as provided
1361in subparagraph (b)1., the member may elect to include or
1362exclude any optional service credit purchased by the member from
1363the total service used to establish the normal retirement date.
1364A member with dual normal retirement dates shall be eligible to
1365elect to participate in either class.
1366     (b)  Participation in the DROP.--
1367     1.  An eligible member may elect to participate in the DROP
1368for a period not to exceed a maximum of 60 calendar months or,
1369with respect to members who are instructional personnel employed
1370by the Florida School for the Deaf and the Blind and who have
1371received authorization by the Board of Trustees of the Florida
1372School for the Deaf and the Blind to participate in the DROP
1373beyond 60 months, or who are instructional personnel as defined
1374in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
1375authorization by the district school superintendent or,
1376effective June 1, 2004, by the director or principal of a
1377developmental research school as described in s. 1002.32 to
1378participate in the DROP beyond 60 calendar months, 96 calendar
1379months immediately following the date on which the member first
1380reaches his or her normal retirement date or the date to which
1381he or she is eligible to defer his or her election to
1382participate as provided in subparagraph (a)2. However, a member
1383who has reached normal retirement date prior to the effective
1384date of the DROP shall be eligible to participate in the DROP
1385for a period of time not to exceed 60 calendar months or, with
1386respect to members who are instructional personnel employed by
1387the Florida School for the Deaf and the Blind and who have
1388received authorization by the Board of Trustees of the Florida
1389School for the Deaf and the Blind to participate in the DROP
1390beyond 60 months, or who are instructional personnel as defined
1391in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
1392authorization by the district school superintendent or,
1393effective June 1, 2004, by the director or principal of a
1394developmental research school as described in s. 1002.32 to
1395participate in the DROP beyond 60 calendar months, 96 calendar
1396months immediately following the effective date of the DROP,
1397except a member of the Special Risk Class who has reached normal
1398retirement date prior to the effective date of the DROP and
1399whose total accrued value exceeds 75 percent of average final
1400compensation as of his or her effective date of retirement shall
1401be eligible to participate in the DROP for no more than 36
1402calendar months immediately following the effective date of the
1403DROP.
1404     2.  Upon deciding to participate in the DROP, the member
1405shall submit, on forms required by the division:
1406     a.  A written election to participate in the DROP;
1407     b.  Selection of the DROP participation and termination
1408dates, which satisfy the limitations stated in paragraph (a) and
1409subparagraph 1. Such termination date shall be in a binding
1410letter of resignation with the employer, establishing a deferred
1411termination date. The member may change the termination date
1412within the limitations of subparagraph 1., but only with the
1413written approval of his or her employer;
1414     c.  A properly completed DROP application for service
1415retirement as provided in this section; and
1416     d.  Any other information required by the division.
1417     3.  The DROP participant shall be a retiree under the
1418Florida Retirement System for all purposes, except for paragraph
1419(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
1420and 121.122. However, participation in the DROP does not alter
1421the participant's employment status and such employee shall not
1422be deemed retired from employment until his or her deferred
1423resignation is effective and termination occurs as provided in
1424s. 121.021(39).
1425     4.  Elected officers shall be eligible to participate in
1426the DROP subject to the following:
1427     a.  An elected officer who reaches normal retirement date
1428during a term of office may defer the election to participate in
1429the DROP until the next succeeding term in that office. Such
1430elected officer who exercises this option may participate in the
1431DROP for up to 60 calendar months or a period of no longer than
1432such succeeding term of office, whichever is less.
1433     b.  An elected or a nonelected participant may run for a
1434term of office while participating in DROP and, if elected,
1435extend the DROP termination date accordingly, except, however,
1436if such additional term of office exceeds the 60-month
1437limitation established in subparagraph 1., and the officer does
1438not resign from office within such 60-month limitation, the
1439retirement and the participant's DROP shall be null and void as
1440provided in sub-subparagraph (c)5.d.
1441     c.  An elected officer who is dually employed and elects to
1442participate in DROP shall be required to satisfy the definition
1443of termination within the 60-month or, with respect to members
1444who are instructional personnel employed by the Florida School
1445for the Deaf and the Blind and who have received authorization
1446by the Board of Trustees of the Florida School for the Deaf and
1447the Blind to participate in the DROP beyond 60 months, or who
1448are instructional personnel as defined in s. 1012.01(2)(a)-(d)
1449in grades K-12 and who have received authorization by the
1450district school superintendent or, effective June 1, 2004, by
1451the director or principal of a developmental research school as
1452described in s. 1002.32 to participate in the DROP beyond 60
1453months, the 96-month limitation period as provided in
1454subparagraph 1. for the nonelected position and may continue
1455employment as an elected officer as provided in s. 121.053. The
1456elected officer will be enrolled as a renewed member in the
1457Elected Officers' Class or the Regular Class, as provided in ss.
1458121.053 and 121.22, on the first day of the month after
1459termination of employment in the nonelected position and
1460termination of DROP. Distribution of the DROP benefits shall be
1461made as provided in paragraph (c).
1462     Section 19.  For the purpose of incorporating the amendment
1463to section 1012.01(2), Florida Statutes, in a reference thereto,
1464paragraph (b) of subsection (2) of section 1011.685, Florida
1465Statutes, is reenacted to read:
1466     1011.685  Class size reduction; operating categorical
1467fund.--
1468     (2)  Class size reduction operating categorical funds shall
1469be used by school districts for the following:
1470     (b)  For any lawful operating expenditure, if the district
1471has met the constitutional maximums identified in s. 1003.03(1)
1472or the reduction of two students per year required by s.
14731003.03(2); however, priority shall be given to increase
1474salaries of classroom teachers as defined in s. 1012.01(2)(a)
1475and to implement the salary career ladder defined in s.
14761012.231.
1477     Section 20.  For the purpose of incorporating the amendment
1478to section 1012.01(2), Florida Statutes, in references thereto,
1479paragraphs (a) and (b) of subsection (2) of section 1012.74,
1480Florida Statutes, are reenacted to read:
1481     1012.74  Florida educators professional liability insurance
1482protection.--
1483     (2)(a)  Educator professional liability coverage for all
1484instructional personnel, as defined by s. 1012.01(2), who are
1485full-time personnel, as defined by the district school board
1486policy, shall be provided by specific appropriations under the
1487General Appropriations Act.
1488     (b)  Educator professional liability coverage shall be
1489extended at cost to all instructional personnel, as defined by
1490s. 1012.01(2), who are part-time personnel, as defined by the
1491district school board policy, and choose to participate in the
1492state-provided program.
1493     Section 21.  This act shall take effect upon becoming a
1494law.
1495
1496================= T I T L E  A M E N D M E N T =================
1497     Remove the entire title and insert:
1498
A bill to be entitled
1499An act relating to quality of school personnel; amending
1500s. 1004.04, F.S.; revising criteria for admission to
1501teacher preparation programs; requiring a certification
1502ombudsman; authorizing certain postsecondary institutions
1503to develop and implement short-term teaching experiences;
1504creating s. 1004.85, F.S.; providing a definition;
1505providing for postsecondary institutions to create
1506educator preparation institutes; providing purpose of the
1507institutes; authorizing institutes to offer alternative
1508educator certification programs; requiring Department of
1509Education response to a request for approval; providing
1510criteria for alternative certification programs; providing
1511requirements for program participants; providing for
1512participants to receive a credential signifying mastery of
1513professional preparation and education competence;
1514authorizing school districts to use an alternative
1515certification program at an educator preparation institute
1516to satisfy certain requirements; requiring performance
1517evaluations; requiring certain criteria for instructors;
1518providing rulemaking authority; amending s. 1012.05, F.S.;
1519requiring the department to concentrate on retention of
1520teachers; requiring the department to provide certain
1521resources for teachers and to establish an Educator
1522Appreciation Week; requiring the department to notify
1523teachers of items in the General Appropriations Act
1524providing direct benefit to teachers; requiring district
1525school boards to adopt policies for mentors and support
1526for first-time teachers; requiring school districts to
1527electronically submit certain public school e-mail
1528addresses; providing duties of the Commissioner of
1529Education; amending s. 1012.231, F.S.; authorizing a
1530salary career ladder for certain classifications of
1531instructional personnel; providing criteria for certain
1532lead teachers; reenacting s. 1012.231(1), F.S., relating
1533to the salary career ladder, to incorporate the amendment
1534to s. 1012.01(2), F.S., in a reference thereto; amending
1535s. 1012.32, F.S.; requiring background screening for
1536contractual personnel, charter school personnel, and
1537certain instructional and noninstructional personnel;
1538deleting provision for probationary status for new
1539employees pending fingerprint processing; prohibiting
1540certain persons from providing services; providing for
1541appeals; providing for payment of costs; deleting a
1542refingerprinting requirement; requiring the Department of
1543Law Enforcement to retain and enter fingerprints into the
1544statewide automated fingerprint identification system;
1545requiring the Department of Law Enforcement to search
1546arrest fingerprint cards against retained fingerprints and
1547to report identified arrest records; providing school
1548district responsibilities and the imposition of a fee;
1549requiring refingerprinting for personnel whose
1550fingerprints are not retained; amending s. 1012.33, F.S.;
1551revising provisions relating to acceptance of teaching
1552service; amending s. 1012.35, F.S.; requiring background
1553screening and additional requirements for substitute
1554teachers; requiring the department to develop certain
1555resources and school districts to develop performance
1556appraisal measures; amending s. 1012.39, F.S.; requiring
1557background screening and qualifications for substitute
1558teachers; requiring background screening for teachers in
1559adult education programs and nondegreed teachers of career
1560and technical programs; creating s. 1012.465, F.S.;
1561requiring background screening for certain
1562noninstructional personnel and contractors with the school
1563district; requiring such persons to report conviction of a
1564disqualifying offense; providing for suspension of
1565personnel who do not meet screening requirements; amending
1566s. 1012.55, F.S.; providing department duties relating to
1567identification of appropriate certification for certain
1568instruction; requiring background screening for certain
1569instructors; amending s. 1012.56, F.S.; clarifying
1570required response of the department to applicants for
1571certification; revising eligibility criteria for
1572certification applicants; requiring an affidavit for
1573educator certification; requiring background screening for
1574educator certification; revising means of demonstrating
1575mastery of general knowledge, subject area knowledge, and
1576professional preparation and education competence;
1577providing background screening requirements; requiring
1578persons to report conviction of a disqualifying offense;
1579providing for suspension from position and revocation or
1580suspension of certification; creating s. 1012.561, F.S.;
1581providing requirements relating to notification of the
1582address of record of a certified educator or applicant for
1583certification; amending s. 1012.57, F.S.; requiring
1584background screening for adjunct educators; amending s.
15851012.585, F.S.; providing requirements for training in the
1586teaching of reading for renewal of a professional
1587certificate; amending s. 1002.33, F.S.; requiring
1588background screening for employees and members of the
1589governing boards of charter schools; amending s. 1012.01,
1590F.S.; revising definition of the term "instructional
1591personnel"; reenacting s. 112.1915(1)(b), F.S., relating
1592to death benefits for teachers, to incorporate the
1593amendment to s. 1012.01(2), F.S., in a reference thereto;
1594amending s. 121.091, F.S.; authorizing the director or
1595principal of a developmental research school to authorize
1596instructional personnel to participate in the DROP;
1597reenacting s. 121.091(9)(b), F.S., relating to Florida
1598Retirement System benefits, s. 1011.685(2)(b), F.S.,
1599relating to class size reduction operating categorical
1600funds, and s. 1012.74(2)(a) and (b), F.S., relating to
1601educator professional liability coverage, to incorporate
1602the amendment to s. 1012.01(2), F.S., in references
1603thereto; providing an effective date.


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