11012.315 Screening standards.—A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, a charter school, or a private school that participates in a state scholarship program under chapter 1002 if the person:
(1) Is on the disqualification list maintained by the department under s. 1001.10(4)(b);
(2) Is registered as a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C);
(3) Is ineligible based on a security background investigation under s. 435.04(2). Beginning January 1, 2025, or a later date as determined by the Agency for Health Care Administration, the Agency for Health Care Administration shall determine the eligibility of employees in any position that requires direct contact with students in a district school system, a charter school, or a private school that participates in a state scholarship program under chapter 1002;
(4) Would be ineligible for an exemption under s. 435.07(4)(c); or
(5) Has been convicted or found guilty of, has had adjudication withheld for, or has pled guilty or nolo contendere to:
(a) Any criminal act committed in another state or under federal law which, if committed in this state, constitutes a disqualifying offense under s. 435.04(2).
(b) Any delinquent act committed in this state or any delinquent or criminal act committed in another state or under federal law which, if committed in this state, qualifies an individual for inclusion on the Registered Juvenile Sex Offender List under s. 943.0435(1)(h)1.d.
History.—s. 26, ch. 2008-108; s. 18, ch. 2010-24; s. 24, ch. 2016-24; s. 15, ch. 2016-104; s. 32, ch. 2017-37; s. 17, ch. 2017-107; s. 35, ch. 2018-6; s. 10, ch. 2018-150; s. 9, ch. 2021-138; s. 58, ch. 2022-154; s. 8, ch. 2023-220; s. 8, ch. 2024-132.
1Note.—Section 8, ch. 2024-132, amended paragraph (1)(y), but failed to incorporate the amendment to s. 1012.315 by s. 8, ch. 2023-220, effective July 1, 2024, which deleted former subsection (1), including paragraph (y). The amendment by s. 8, ch. 2024-132, cannot be incorporated into the current text of the section as amended by s. 8, ch. 2023-220, as that material has been deleted. The text of the amendment to former paragraph (1)(y), as amended by s. 8, ch. 2024-132, reads:
1012.315 Screening standards.—A person is ineligible for educator certification or employment in any position that requires direct contact with students in a district school system, a charter school, or a private school that participates in a state scholarship program under chapter 1002 if the person is on the disqualification list maintained by the department pursuant to s. 1001.10(4)(b), is registered as a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible for an exemption under s. 435.07(4)(c), or has been convicted or found guilty of, has had adjudication withheld for, or has pled guilty or nolo contendere to:
(1) Any felony offense prohibited under any of the following statutes:
(y) Section 810.145, relating to digital voyeurism.
