6B-11.007. Disciplinary Guidelines  

Effective on Tuesday, December 10, 2019
  • 1(1) When the Education Practices Commission finds that a person has committed any act for which the Commission may impose discipline, the Commission shall impose an appropriate penalty within the ranges set forth for various acts or violations in the following disciplinary guidelines unless, based upon consideration of aggravating and mitigating factors in the individual case which are among those set out in subsection (3), the Commission determines that a penalty outside the range in those guidelines but within statutory limitation is appropriate. In those cases in which the Commission relies on aggravating or mitigating factors to depart from the ranges in these disciplinary guidelines, such aggravating and mitigating factors shall be stated in the record of the case and in the Final Order imposing the applicable penalty.

    129(2) The following disciplinary guidelines shall apply to violations of the below listed statutory and rule violations and to the described actions which may be basis for determining violations of particular statutory or rule provisions. Each of the following disciplinary guidelines shall be interpreted to include “probation,” 177“Recovery Network Program,” “restrict scope of practice,” “fine,” and “administrative fees and/or costs” 193with applicable terms thereof as additional penalty provisions in each case in which neither a suspension or revocation is imposed, the penalty shall include a letter of reprimand. 221The terms “suspension” and “revocation” shall mean any length of suspension or revocation, including permanent revocation, permitted by statute, and shall include a comparable period of denial of an application for an educator’s certificate.

    255(a) Obtaining or attempting to obtain a Florida educator’s certificate by fraudulent means in violation of Section 2721012.795(1)(a), F.S.

    274Probation – Revocation

    277(b) Knowingly failing to report actual or suspected child abuse as required in 290section 2911006.061, F.S., 293or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student as required in 316Section 3171012.796, F.S., 319in violation of Section 3231012.795(1)(b), F.S.

    325Probation – Revocation

    328(c)3291. Being incompetent to teach or to perform duties as an educator due to physical or mental incapacity in violation of Section 3511012.795(1)352(353c354), F.S.

    356Suspension – Revocation

    3592. Being incompetent to teach or to perform duties as an educator due to inefficiency in violation of Section 3781012.795(1)379(380c381), F.S.

    383Suspension – Revocation

    386(d)3871. Being guilty of gross immorality or an act involving moral turpitude as defined by Rule 4036A-10.083, 404F.A.C., of the State Board of Education in violation of Section 4151012.795(1)(d), F.S.

    417Probation – Revocation

    4202. When a student or school activity is involved.

    429Suspension – Revocation

    432(e) Having an educator certificate or other professional license sanctioned or otherwise acted against including, but not limited to, revocation, suspension, or surrender by this or another state in violation of Section 4641012.795(1)(e), F.S.

    466Probation 467 468Revocation

    469(f) Committing criminal acts, guilty or no contest pleas and/or convictions, or having had adjudication withheld in violation of Section 4891012.795(1)(f), F.S.

    491Reprimand – Revocation

    494(g) Engaging in personal conduct which seriously reduces effectiveness as a district school board employee in violation of Section 5131012.795(1)(g), F.S.

    515Probation – Revocation

    518(h) Having breached a contract, as provided in Sections 5271012.33(2), 5281012.335, F.S., 530in violation of Section 5341012.795(1)(h), F.S.

    536Probation 537 538Suspension

    539(i) Violating any order of the Education Practices Commission in violation of Section 5521012.795(1)(l), F.S.

    554Probation – Revocation

    557(j) Violating the Principles of Professional Conduct in violation of Section 5681012.795(1)(j), F.S. 570by:


    5711. Failing to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety [subparagraph 5976A-10.081(2)(a)1., 598F.A.C.]

    599Reprimand 600 601Revocation

    6022. Unreasonably restraining a student from independent action in pursuit of learning [615subparagraph 6166A-10.081(2)(a)2., 617F.A.C.]

    618Reprimand 619 620Revocation

    6213. Unreasonably denying a student access to diverse points of view. [633subparagraph 6346A-10.081(2)(a)3., 635F.A.C.]

    636Reprimand 637 638Revocation

    6394. Intentionally suppressing or distorting subject matter relevant to a student’s academic program. [653subparagraph 6546A-10.081(2)(a)4., 655F.A.C.]

    656Reprimand 657 658Revocation

    6595. Intentionally exposing a student to unnecessary embarrassment or disparagement. [670subparagraph 6716A-10.018(2)(a)5., F.A.C.]

    673Reprimand 674 675Revocation

    6766. Intentionally violating or denying a student’s legal rights. [686subparagraph 6876A-10.081(2)(a)6., 688F.A.C.]

    689Suspension 690 691Revocation

    6927. Harassing or discriminating against any student on the basis of race, color, religion, sex, age, origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background or failing to make reasonable effort to assure that each student is protected from harassment or discrimination. [740subparagraph 7416A-10.081(2)(a)7., 742F.A.C.]

    743Suspension 744 745Revocation

    7468. Exploiting a relationship with a student for personal gain or advantage. [759subparagraph 7606A-10.081(2)(a)8., 761F.A.C.]

    762Suspension 763 764Revocation

    7659. Failing to keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. [792subparagraph 7936A-10.081(2)(a)9., 794F.A.C.]

    795Probation 796 797Revocation

    79810. Failing to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. [824subparagraph 8256A-10.081(2)(b)1., 826F.A.C.]

    827Reprimand 828 829Revocation

    83011. Intentionally distorting or misrepresenting facts concerning an educational matter in direct or indirect public expression. [847subparagraph 8486A-10.081(2)(b)2., 849F.A.C.]

    850Probation 851 852Revocation

    85312. Using institutional privileges for personal gain or advantage. [863subparagraph 8646A-10.081(2)(b)3., 865F.A.C.]

    866Reprimand 867 868Revocation

    86913. Accepting a gratuity, gift, or favor that might influence professional judgment. [882subparagraph 8836A-10.081(2)(b)4., 884F.A.C.]

    885Reprimand 886 887Revocation

    88814. Offering a gratuity, gift, or favor to obtain special advantages. [900subparagraph 9016A-10.081(2)(b)5., 902F.A.C.]

    903Probation 904 905Revocation

    90615. Failing to maintain honesty in all professional dealings. [916subparagraph 9176A-10.081(2)(c)1., 918F.A.C.]

    919Reprimand 920 921Revocation

    92216. Denying to a colleague professional benefits or advantages or participation in any professional organization on the basis of race, color, religion, sex, age, origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background. [962subparagraph 9636A-10.081(2)(c)2., 964F.A.C.]

    965Suspension 966 967Revocation

    96817. Interfering with a colleague’s exercise of political or civil rights and responsibilities. [982subparagraph 9836A-10.081(2)(c)3., 984F.A.C.]

    985Probation 986 987Revocation

    98818. Engaging in harassment or discriminatory conduct which unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment or failing to make reasonable effort to assure that each individual is protected from such harassment or discrimination. [1044subparagraph 10456A-10.081(2)(c)4., 1046F.A.C.]

    1047Suspension 1048 1049Revocation

    105019. Making malicious or intentionally false statements about a colleague. [1061subparagraph 10626A-10.081(2)(c)5., 1063F.A.C.]

    1064Reprimand 1065 1066Revocation

    106720. Using coercive means or promising special treatment to influence professional judgments of colleagues. [1082subparagraph 10836A-10.081(2)(c)6., 1084F.A.C.]

    1085Probation 1086 1087Revocation

    108821. Misrepresenting one’s own professional qualifications. [1095subparagraph 10966A-10.081(2)(c)7., 1097F.A.C.]

    1098Suspension 1099 1100Revocation

    110122. Submitting fraudulent information on any document in connection with professional activities. [1114subparagraph 11156A-10.081(2)(c)8., 1116F.A.C.]

    1117Suspension 1118 1119Revocation

    112023. Making any fraudulent statement or failing to disclose a material fact in one’s own or another’s application for a professional position. [1143subparagraph 11446A-10.081(2)(c)9., 1145F.A.C.]

    1146Probation 1147 1148Revocation

    114924. Withholding information regarding a position from an applicant or misrepresenting an assignment or condition of employment. [1167subparagraph 11686A-10.081(2)(c)10., 1169F.A.C.]

    1170Reprimand 1171 1172Revocation

    117325. Failing to provide upon the request of the certificated individual a written statement of specific reasons for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment. [1208subparagraph 12096A-10.081(2)(c)11., 1210F.A.C.]

    1211Reprimand 1212 1213Revocation

    121426. Assisting entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida Statutes and State Board of Education Rules. [1256subparagraph 12576A-10.081(2)(c)12., 1258F.A.C.]

    1259Probation 1260 1261Revocation

    126227. Failing to self-report within 48 hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance or failing to report any conviction, finding of guilty, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation within 48 hours after the final judgment. [1339subparagraph 13406A-10.081(2)(c)13., 1341F.A.C.]

    1342Reprimand 1343 1344Revocation

    134528. Failing to report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules. [1370subparagraph 13716A-10.081(2)(c)14., 1372F.A.C.]

    1373Reprimand 1374 1375Revocation

    137629. Seeking reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules. [1402subparagraph 14036A-10.081(2)(c)15., 1404F.A.C.]

    1405Probation 1406 1407Revocation

    1408(k) Violating other provisions of law, the penalty for which is revocation of the educator certificate in violation of Section 14281012.795(1)(k), F.S.


    1431(l) Being subject of a court order or plea agreement in any jurisdiction which requires the certificate holder to surrender or otherwise relinquish his or her educator’s certificate in violation of Section 14631012.795(1)(m), F.S.


    1466(m) Being disqualified from educator certification under Section 14741012.315, F.S.


    1477(n) Having committed a third recruiting offense as determined by the Florida High School Athletic Association (FHSAA) in violation of Section 14981012.795(1)(o), F.S.

    1500Revocation for a minimum of three years

    1507(o) Violated test security in violation of Section 15151012.795(1)(p), F.S.

    1517Reprimand – Suspension

    1520(p) Other violations of Section 15251012.795, F.S.

    1527Probation 1528 1529Revocation or such penalty as is required by statute

    1538(q) 1539Multiple categories of violations enumerated above in concurrent or consecutive terms.

    1550EPC will apply penalties

    1554(3) Based upon consideration of aggravating and mitigating factors present in an individual case, the Commission may deviate from the penalties recommended in subsection (2). The Commission may consider the following as aggravating or mitigating factors:

    1590(a) The severity of the offense;

    1596(b) The danger to the public;

    1602(c) The number of repetitions of offenses;

    1609(d) The length of time since the violation;

    1617(e) The number of times the educator has been previously disciplined by the Commission;

    1631(f) The length of time the educator has practiced and the contribution as an educator;

    1646(g) The actual damage, physical or otherwise, caused by the violation;

    1657(h) The deterrent effect of the penalty imposed;

    1665(i) The effect of the penalty upon the educator’s livelihood;

    1675(j) Any effort of rehabilitation by the educator;

    1683(k) The actual knowledge of the educator pertaining to the violation;

    1694(l) Employment status;

    1697(m) Attempts by the educator to correct or stop the violation or refusal by the educator to correct or stop the violation;

    1719(n) Related violations against the educator in another state including findings of guilt or innocence, penalties imposed and penalties served;

    1739(o) Actual negligence of the educator pertaining to any violation;

    1749(p) Penalties imposed for related offenses under subsection (2), above;

    1759(q) Pecuniary benefit or self-gain inuring to the educator;

    1768(r) Degree of physical and mental harm to a student or a child;

    1781(s) Present status of physical and/or mental condition contributing to the violation including recovery from addiction;

    1797(t) Any other relevant mitigating or aggravating factors under the circumstances.

    1808(4) These guidelines shall not be interpreted as limitations on penalties assessed within statutory parameters as a result of a negotiated settlement agreement offered by the parties. However, a panel of the EPC shall not be prohibited from rejecting a proposed stipulation. Furthermore, a panel of the EPC may direct that the basis for a penalty arrived at as a result of a settlement agreement of the parties be stated in the final order.

    1882(5) The above guidelines notwithstanding, any individual who committed violations where the Commission imposed a penalty on two prior occasions shall have their certificate permanently revoked as the penalty for a third or subsequent disciplinary case appearing before the Commission. The Commission will not count the following as prior discipline for purposes of this subsection:

    1937(a) Penalties for administrative violations of failing to submit annual reports or failing to pay a probation fee ordered by the Commission; and

    1960(b) First-time penalties against an applicant for certification who has never been disciplined by the Commission.

    1976Rulemaking Authority 19781012.79(7), 19791012.795(6)(b) FS. 1981Law Implemented 19831012.795, 19841012.796(7), 1985(8) FS. History–New 2-27-94, Amended 3-22-07, 4-9-09, 5-29-18, 12-10-19.