Florida Statute 1012.33 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1012
PERSONNEL

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F.S. 1012.33

1012.33 Contracts with instructional staff, supervisors, and school principals.—

(1)¹(a) Each person employed as a member of the instructional staff in any district school system shall be properly certified pursuant to s. 1012.56 or s. 1012.57 or employed pursuant to s. 1012.39 and shall be entitled to and shall receive a written contract as specified in this section. All such contracts, except continuing contracts as specified in subsection (4), shall contain provisions for dismissal during the term of the contract only for just cause. Just cause includes, but is not limited to, the following instances, as defined by rule of the State Board of Education: immorality, misconduct in office, incompetency, two consecutive annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3-year period under s. 1012.34, three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34, gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude.

(b) A supervisor or school principal shall be properly certified and shall receive a written contract as specified in this section. Such contract may be for an initial period not to exceed 3 years, subject to annual review and renewal. The first 97 days of an initial contract is a probationary period. During the probationary period, the employee may be dismissed without cause or may resign from the contractual position without breach of contract. After the first 3 years, the contract may be renewed for a period not to exceed 3 years and shall contain provisions for dismissal during the term of the contract only for just cause, in addition to such other provisions as are prescribed by the district school board.

(2) Any person so employed on the basis of a written offer of a specific position by a duly authorized agent of the district school board for a stated term of service at a specified salary, and who accepted such offer by telegram or letter or by signing the regular contract form, who violates the terms of such contract or agreement by leaving his or her position without first being released from his or her contract or agreement by the district school board of the district in which the person is employed shall be subject to the jurisdiction of the Education Practices Commission. The district school board shall take official action on such violation and shall furnish a copy of its official minutes to the Commissioner of Education.

(3) A professional service contract shall be renewed each year unless:

(a) The district school superintendent, after receiving the recommendations required by s. 1012.34, charges the employee with unsatisfactory performance and notifies the employee of performance deficiencies as required by s. 1012.34; or

(b) The employee receives two consecutive annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3-year period under s. 1012.34, or three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34.

(4)(a) An employee who had continuing contract status prior to July 1, 1984, shall be entitled to retain such contract and all rights arising therefrom as prescribed by rules of the State Board of Education adopted pursuant to s. 231.36, Florida Statutes (1981), unless the employee voluntarily relinquishes his or her continuing contract.

(b) Any member of the district administrative or supervisory staff and any member of the instructional staff, including any school principal, who is under continuing contract may be dismissed or may be returned to annual contract status for another 3 years in the discretion of the district school board, at the end of the school year, when a recommendation to that effect is submitted in writing to the district school board on or before April 1 of any school year, giving good and sufficient reasons therefor, by the district school superintendent, by the school principal if his or her contract is not under consideration, or by a majority of the district school board. The employee whose contract is under consideration shall be duly notified in writing by the party or parties preferring the charges at least 5 days prior to the filing of the written recommendation with the district school board, and such notice shall include a copy of the charges and the recommendation to the district school board. The district school board shall proceed to take appropriate action. Any decision adverse to the employee shall be made by a majority vote of the full membership of the district school board. Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68.

(c) Any member of the district administrative or supervisory staff and any member of the instructional staff, including any school principal, who is under continuing contract may be suspended or dismissed at any time during the school year; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude, as these terms are defined by rule of the State Board of Education. Whenever such charges are made against an employee of the district school board, the district school board may suspend such person without pay; but, if the charges are not sustained, he or she shall be immediately reinstated, and his or her back salary shall be paid. In cases of suspension by the district school board or by the district school superintendent, the district school board shall determine upon the evidence submitted whether the charges have been sustained and, if the charges are sustained, shall determine either to dismiss the employee or fix the terms under which he or she may be reinstated. If such charges are sustained by a majority vote of the full membership of the district school board and the employee is discharged, his or her contract of employment shall be canceled. Any decision adverse to the employee may be appealed by the employee pursuant to s. 120.68, provided the appeal is filed within 30 days after the decision of the district school board.

(5) If workforce reduction is needed, a district school board must retain employees at a school or in the school district based upon educational program needs and the performance evaluations of employees within the affected program areas. Within the program areas requiring reduction, the employee with the lowest performance evaluations must be the first to be released; the employee with the next lowest performance evaluations must be the second to be released; and reductions shall continue in like manner until the needed number of reductions has occurred. A district school board may not prioritize retention of employees based upon seniority.

(6)(a) Any member of the instructional staff, excluding an employee specified in subsection (4), may be suspended or dismissed at any time during the term of the contract for just cause as provided in paragraph (1)(a). The district school board must notify the employee in writing whenever charges are made against the employee and may suspend such person without pay; but, if the charges are not sustained, the employee shall be immediately reinstated, and his or her back salary shall be paid. If the employee wishes to contest the charges, the employee must, within 15 days after receipt of the written notice, submit a written request for a hearing. Such hearing shall be conducted at the district school board’s election in accordance with one of the following procedures:

1. A direct hearing conducted by the district school board within 60 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of ss. 120.569 and 120.57. A majority vote of the membership of the district school board shall be required to sustain the district school superintendent’s recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment; or

2. A hearing conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Department of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120. The recommendation of the administrative law judge shall be made to the district school board. A majority vote of the membership of the district school board shall be required to sustain or change the administrative law judge’s recommendation. The determination of the district school board shall be final as to the sufficiency or insufficiency of the grounds for termination of employment.

Any such decision adverse to the employee may be appealed by the employee pursuant to s. 120.68, provided such appeal is filed within 30 days after the decision of the district school board.

(b) Any member of the district administrative or supervisory staff, including any principal but excluding an employee specified in subsection (4), may be suspended or dismissed at any time during the term of the contract; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of, or entering a plea of guilty, regardless of adjudication of guilt, any crime involving moral turpitude, as these terms are defined by rule of the State Board of Education. Whenever such charges are made against an employee of the district school board, the district school board may suspend the employee without pay; but, if the charges are not sustained, he or she shall be immediately reinstated, and his or her back salary shall be paid. In cases of suspension by the district school board or by the district school superintendent, the district school board shall determine upon the evidence submitted whether the charges have been sustained and, if the charges are sustained, shall determine either to dismiss the employee or fix the terms under which he or she may be reinstated. If such charges are sustained by a majority vote of the full membership of the district school board and the employee is discharged, his or her contract of employment shall be canceled. Any decision adverse to the employee may be appealed by him or her pursuant to s. 120.68, provided such appeal is filed within 30 days after the decision of the district school board.

(7) The district school board of any given district shall grant continuing service credit for time spent performing duties as a member of the Legislature to any district employee who possesses a professional service contract, multiyear contract, or continuing contract.

(8) Notwithstanding any other provision of law, a retired member may interrupt retirement and be reemployed in any public school as instructional personnel under a 1-year probationary contract as defined in s. 1012.335(1). If the retiree successfully completes the probationary contract, the district school board may reemploy the retiree under an annual contract as defined in s. 1012.335(1). The retiree is not eligible for a professional service contract.

History.—s. 707, ch. 2002-387; s. 126, ch. 2003-1; s. 10, ch. 2004-295; s. 28, ch. 2008-108; s. 35, ch. 2009-59; s. 21, ch. 2009-209; s. 32, ch. 2010-154; s. 13, ch. 2011-1; s. 19, ch. 2011-37; s. 93, ch. 2014-39; s. 37, ch. 2016-237.

¹Note.—Section 17, ch. 2011-1, provides that “[c]hapter 2010-279, Laws of Florida, does not apply to any rulemaking required to administer this act.”

F.S. 1012.33 on Google Scholar

F.S. 1012.33 on Casetext

Amendments to 1012.33

Arrestable Offenses / Crimes under Fla. Stat. 1012.33

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1012.33.

Annotations, Discussions, Cases:

Cases Citing Statute 1012.33

Total Results: 19

SCHOOL BOARD OF PALM BEACH COUNTY v. GARY GROOVER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-13T00:53:00-07:00

Snippet: School Board argued for the first time that section 1012.33(1)(b), Florida Statutes (2014), limited the scope

SHEILA LEWIS v. THE BROWARD COUNTY SCHOOL BOARD

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-17T00:53:00-07:00

Snippet: and unsatisfactory under [section] 1012.34. § 1012.33(3), Florida Statutes (2016). An annual contract…Union, Local 1975, 199 So. 3d at 999 (citing § 1012.33(3)(a), Fla. Stat. (2010)). In 2011, however, the…unless their performance was unsatisfactory. § 1012.33(3)(a), (b), Fla. Stat.; Gabriele, 114 So. 3d at

Broward Teachers Union, Local 1975, Florida Education Association (FEA), American Federation of Teachers (AFT) v. The School Board of Broward County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-22T00:00:00-07:00

Citation: 199 So. 3d 997, 2016 Fla. App. LEXIS 9590

Snippet: deficiencies ....”§ 1012.33(3)(a), Fla. Stat. (2014). The 2010 version of section 1012.33(3)(a) provided…relinquishes his or her continuing contract.” § 1012.33(4)(a), Fla. Stat. (2014). A professional service…issued a professional service contract ....” § 1012.33(3)(a), Fla. Stat. (2010). Such contract “shall

United Faculty of Florida v. Florida State Board of Education

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-15T00:00:00-08:00

Citation: 157 So. 3d 514

Snippet: evaluating the performance of those employees. See §§ 1012.33-1012.3401, Fla. Stat. That, however, has no bearing

Robinson v. Stewart

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-23T00:00:00-08:00

Citation: 161 So. 3d 589, 2015 Fla. App. LEXIS 871, 2015 WL 292481

Snippet: See §§ 1012.22(l)(c); 1012.22(l)(e); 1012.28(6); 1012.33(5), Fla. Stat. (2014). Clearly germane here is …-important, i.e., 100 percent de facto. See §§ 1012.33(1 )(a), (3); 1012.335(2)(c), Fla. Stat. (2014).…dismissal during the teacher’s contract term, see § 1012.33(l)(a), Fla. Stat. (2014), and is ineligible for…renewal of his or her employment contract. See §§ 1012.33(3)(b); 1012.335(2)(c)3, Fla. Stat. (2014). . …thirty years ago (prior to July 1, 1984). See § 1012.33(1 )(a), Fla. Stat. (2014) ("All such contracts

Alan Seiden v. Frances J. Adams, ED. D, as Superintendent of the School District of Indian River County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-19T00:00:00-08:00

Citation: 150 So. 3d 1215, 2014 Fla. App. LEXIS 18904

Snippet: to hold the hearing itself pursuant to section 1012.33(6)(a)l., Florida Statutes (2013), 1 …to appoint a hearing officer. See § 1012.33(6)(a)l.-2., Fla. Stat. (2013). In this case…hearing requested by an employee pursuant to section 1012.33(6)(a). That section provides that an individual…GERBER, JJ., concur. 1 . Section 1012.33(6)(a)l. provides as follows: Any member

Morris Publishing Group, LLC v. Florida Department of Education

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-12T00:00:00-08:00

Citation: 133 So. 3d 957, 41 Media L. Rep. (BNA) 2682, 2013 WL 5988693, 2013 Fla. App. LEXIS 17965

Snippet: An employee evaluation prepared pursuant to s. 1012.33, s. 1012.34, or s. 1012.56 or rules adopted by

Gabriele v. School Board of Manatee County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-07T00:00:00-07:00

Citation: 114 So. 3d 477, 35 I.E.R. Cas. (BNA) 1622, 2013 WL 2451349, 2013 Fla. App. LEXIS 9053

Snippet: must be read in conjunction with section 1012.33. Section 1012.33 sets forth detailed provisions regulating…reading of section 1012.33 is essential to the analysis of the issue presented. Section 1012.33 provides, in…), the predecessor to section 1012.33(4)). In contrast, section 1012.33(6)(a) provides that teachers not…terminate her employment except for good cause. See § 1012.33(l)(a), (6)(a), Fla. Stat. (2010). On June 3, 2011…contract, and (3) a professional service contract.1 § 1012.33; Lee Cnty. Sch. Bd. v. Silveus, Case No. 04-4096

Orange County School Board v. Rachman

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-13T00:00:00-07:00

Citation: 87 So. 3d 48, 2012 Fla. App. LEXIS 5641

Snippet: professional service contract pursuant to section 1012.33(3)(a), Florida Statutes (2010).1 Appellees argue… terminated for just cause pursuant to section 1012.33, Florida Statutes, or based upon uncorrected performance…1012.34, Florida Statutes. We note that section 1012.33(3)(a), Florida Statutes (2010), has been extensively

Schimenti v. School Board of Hernando County

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-28T00:00:00-07:00

Citation: 73 So. 3d 831, 2011 Fla. App. LEXIS 17206

Snippet: school board employees is governed by section 1012.33, Florida Statutes (2010), and Florida Administrative…1314 (Fla. 3d DCA 1995). Specifically, section 1012.33(6)(a), which provides the procedure and grounds…process for delivery of the written charges. § 1012.33(6)(a), Fla. Stat. (2010). Likewise, the Uniform

Abrams v. Seminole County School Board

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

Citation: 73 So. 3d 285, 2011 Fla. App. LEXIS 14234, 2011 WL 3962110

Snippet: DCA 2009). Section 1012.33, Florida Statutes (2008), provided in part: § 1012.33. Contracts with instructional…termination of employment,[2] the ALJ looked to section 1012.33(1)(a), Florida Statutes, for the definition of … School Board employees is governed by section 1012.33, Florida Statutes, and Rule 6B-4.009 of the Florida…set forth in Section 231.36, F.S. [now section 1012.33]. The basis for each of such charges is hereby

Raven v. Manatee County School Board

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-02T00:00:00-08:00

Citation: 32 So. 3d 126, 30 I.E.R. Cas. (BNA) 588, 2009 Fla. App. LEXIS 18399, 2009 WL 4282920

Snippet: he is required to do under sections 1012.27 and 1012.33, Florida Statutes (2007). In rejecting the ALJ&

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-11-23T23:53:00-08:00

Snippet: interest[.]" 7 See ss. 1012.22(1)(f) and 1012.33(6)(a), Fla. Stat.; andsee s. 1001.41(4), Fla. Stat

Blackwood v. Division of Administrative Hearings

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-05T00:00:00-08:00

Citation: 2 So. 3d 386, 2009 Fla. App. LEXIS 37, 2009 WL 18695

Snippet: School Board employees is governed by section 1012.33, Florida Statutes, and Fla. Admin. Code Reg. 6B

Altee v. Duval County School Bd.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-12T00:53:00-07:00

Citation: 990 So. 2d 1124

Snippet: without pay as of June 6, 2007, pursuant to section 1012.33, Florida Statutes (2007), which suspension would

LaMorte v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-02T00:53:00-07:00

Citation: 984 So. 2d 548

Snippet: Section 231.36, Florida Statutes [now section 1012.33, Florida Statutes (2005)]. The basis for each of…deals with personnel in public schools. Section 1012.33(1)(a), Florida Statutes (2005), governing contracts

McCalister v. SCHOOL BD. OF BAY COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-09T23:53:00-08:00

Citation: 971 So. 2d 1020

Snippet: 1)(b), Fla. Stat. (2006). In addition, section 1012.33(1)(b), Florida Statutes (2006), further defines…initially extend past the three-year requirement. § 1012.33(1), Fla. Stat. (2006). Any renewals after the first

Mitchell v. THE SCHOOL BOARD OF MIAMI-DADE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-06T23:53:00-08:00

Citation: 972 So. 2d 900

Snippet: instructional staff may be dismissed for just cause. § 1012.33(1)(a), Fla. Stat. (2003). "Just cause includes

School Bd. of Levy County v. Terrell

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-19T00:53:00-07:00

Citation: 967 So. 2d 394

Snippet: teacher's performance is unsatisfactory. § 1012.33(3)(e), Fla. Stat. (2005). In 2001, Ms. Terrell