Florida Statute 1012.315 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1012
PERSONNEL

View Entire Chapter

F.S. 1012.315

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.

F.S. 1012.315 on Google Scholar

F.S. 1012.315 on Casetext

Amendments to 1012.315

Arrestable Offenses / Crimes under Fla. Stat. 1012.315

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1012.315.

Annotations, Discussions, Cases:

Cases Citing Statute 1012.315

Total Results: 4

Amador v. the School Board of Monroe County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-24T00:00:00-07:00

Citation: 225 So. 3d 853, 2017 WL 2264605, 2017 Fla. App. LEXIS 7516

Snippet: direct contact” with students pursuant to section 1012.315, Florida Statutes, Level 2 screening under the

Smith v. FAUBLAS

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-22T00:00:00-07:00

Citation: 69 So. 3d 1075, 2011 Fla. App. LEXIS 15028, 2011 WL 4398458

Snippet: retroactive application of sections 1012.795 and 1012.315, Florida Statutes (2008). We find that the Legislature

Presmy v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-16T00:00:00-07:00

Citation: 69 So. 3d 383, 2011 Fla. App. LEXIS 14655, 2011 WL 4104739

Snippet: certification under § 1012.315 [Fla. Stat. (2008) ]. (emphasis added). Section 1012.315(2)(a) (2008) provides…convicted of a criminal offense listed in section 1012.315. The Commission has ruled the Legislature intended…certificate holders who were convicted of a section 1012.315 offense prior to the statute's enactment …express language (and the provision of section 1012.315 it references) does not directly or indirectly…and enacting reports for sections 1012.795 and 1012.315 that can be construed as indicating the Legislature

Cisneros v. SCHOOL BD. OF MIAMI-DADE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-17T00:53:00-07:00

Citation: 990 So. 2d 1179

Snippet: static. The presently effective statute, section 1012.315(1), Florida Statutes (2008), does not include