RULE NO.:RULE TITLE:
6A-10.082Mandatory Reporting of Offenses Affecting the Health, Safety or Welfare of Florida Students
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 171, September 1, 2020 issue of the Florida Administrative Register.
(1) No change.
(2) Beginning with the 2019-20 school year, in order to provide the Department with information which will form the basis of a complaint to recommend revocation, suspension or other penalty of a educator’s certificate and in order to provide the Commissioner information so that he can exercise his authority to request the reassignment of personnel from direct student contact, within twenty-four (24) hours of the matter coming to the attention of a school district, a school district superintendent must report to the Department of Education an arrest or conviction of any administrative or instructional personnel for any of the offenses listed below. The same reporting requirements apply where there are substantiated allegations of misconduct by any administrative or instructional personnel that would constitute any of the offenses listed below, regardless of whether there has been an arrest or conviction.
(a) Felony offenses:
1. Section 782.04, F.S., relating to murder.
2. Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
3. Section 787.01, F.S., relating to kidnapping.
4. Section 787.025, F.S., relating to luring or enticing a child.
5. Section 787.04(2), F.S., relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
5. 6. Section 787.04(3), F.S., relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
6. 7. Section 794.011, F.S., relating to sexual battery.
7. 8. Section 794.05, F.S., relating to unlawful sexual activity with certain minors.
8. Section 796.04, F.S., relating to forcing, compelling, or coercing another to become a prostitute.
9. Section 796.05, F.S., deriving support from the proceeds of prostitution.
10. Section 800.101, F.S., relating to offenses against students by authority figures.
11. 9. Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
12. 10. Section 827.071, F.S., relating to sexual performance by a child.
(b) Felony or mMisdemeanor offenses:
1. Section 787.025, F.S., relating to luring or enticing a child.
2. Section 796.06, F.S., renting space to be used for lewdness, assignation, or prostitution.
3. Section 796.07, F.S., prohibiting prostitution and related acts.
(c) No change.
(3) No change.
(4) No change.
(5) The Department of Education’s Office of Professional Practices Services must at a minimum:
(a) Within twenty-four (24) hours, place an administrative notification on the educator’s profile screen in the database maintained by the Bureau of Educator Certification and the Office of Professional Practices Services shall notify the Commissioner within twenty-four (24) hours;
(b) Prioritize the case and immediately begin the investigation to expedite presentation of, provide the educator an opportunity for an informal conference and coordinate with the Office of the General Counsel to present the case to the Commissioner of Education within 30 days of receipt of a superintendent's report pursuant to subsection (2) for the Commissioner's consideration of probable cause to sanction the educator's certificate.
