Florida Statutes

Fla. Stat. § 1012.315 (2025)

Screening standards.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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1012.315 Screening standards.—

(1) 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, which includes being an owner or operator of a private school that participates in a scholarship program under chapter 1002, if the person:

(a) Is on the disqualification list maintained by the department under s. 1001.10(4)(b);

(b) Is registered as a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C);

(c) Is ineligible based on a security background investigation under s. 435.04(2). 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;

(d) Would be ineligible for an exemption under s. 435.07(4)(c); or

(e) Has been convicted or found guilty of, has had adjudication withheld for, or has pled guilty or nolo contendere to:

1. 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).

2. 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.

(2) Persons who apply for certification or employment are governed by the law and rules in effect at the time of application for issuance of the initial certificate or employment, provided that continuity of certificates or employment is maintained.

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; s. 113, ch. 2025-6; s. 47, ch. 2025-110.

Notes of Decisions

Cited in 3 cases, 2008–2017 · leading case: Presmy v. Smith, 69 So. 3d 383 (Fla. 1st DCA 2011).

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Presmy v. Smith, 69 So. 3d 383 (Fla. 1st DCA 2011). · cites it 7× “provided it can be shown that the person: (n) Has been disqualified from educator certification under § 1012.315 [Fla. Stat. (2008) ]. (emphasis added).”

Amador v. the Sch. Bd. of Monroe Cnty., Florida, 225 So. 3d 853 (Fla. 3d DCA 2017). · cites it 4× “On the same record, it concluded that Amador did have “direct access” to the students 3 and concluded that Amador’s actions demonstrated willfulness, fraud, and intent to steal where, 3 The School Board argued on appeal that the evidence can only be interpreted to conclude that…”

Cisneros v. Sch. Bd. of Miami-dade Cnty., 990 So. 2d 1179 (Fla. 3d DCA 2008). · cites it 2× “The presently effective statute, section 1012.315(1), Florida Statutes (2008), does not include vehicular homicide in its list of forty-seven felonies as to which a conviction strictly disqualifies an educator from employment in a position requiring direct contact with students.”

— 1012.315(1) — 1 case

Cisneros v. Sch. Bd. of Miami-dade Cnty., 990 So. 2d 1179 (Fla. 3d DCA 2008). “The presently effective statute, section 1012.315(1), Florida Statutes (2008), does not include vehicular homicide in its list of forty-seven felonies as to which a conviction strictly disqualifies an educator from employment in a position requiring direct contact with students.”

— 1012.315(2)(a) — 1 case

Presmy v. Smith, 69 So. 3d 383 (Fla. 1st DCA 2011). “provided it can be shown that the person: (n) Has been disqualified from educator certification under § 1012.315 [Fla. Stat. (2008) ]. (emphasis added).”

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