The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1012
PERSONNEL

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F.S. 1012.465

1012.465 Background screening requirements for certain noninstructional school district employees and contractors.—

(1) Except as provided in s. 1012.467 or s. 1012.468, noninstructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet the screening requirements of s. 1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with a school or the school board.

(2) The cost of the state and federal criminal history check required by level 2 screening may be borne by the district school board, the contractor, or the person fingerprinted. Under penalty of perjury, each person who is employed or under contract in a capacity described in subsection (1) must agree to inform his or her employer or the party with whom he or she is under contract within 48 hours if convicted of any disqualifying offense while he or she is employed or under contract in that capacity.

(3) If it is found that a person who is employed or under contract in a capacity described in subsection (1) does not meet the screening requirements, the person shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeals.

History.—s. 14, ch. 2004-295; s. 21, ch. 2005-28; s. 6, ch. 2007-207; s. 62, ch. 2022-154.

F.S. 1012.465 on Google Scholar

F.S. 1012.465 on Casetext

Amendments to 1012.465

Arrestable Offenses / Crimes under Fla. Stat. 1012.465

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1012.465.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AMADOR, v. SCHOOL BOARD OF MONROE COUNTY,, 225 So. 3d 853 (Fla. Dist. Ct. App. 2017)

. . . The School Board noted that the Jessica Lunsford Act and section 1012.465(1), Florida Statutes, require . . . The School Board therefore argued that if the Jessica Lunsford Act and section 1012.465(1) apply to Amador . . .

SCHOOL BOARD OF MIAMI- DADE COUNTY, v. CARRALERO,, 992 So. 2d 353 (Fla. Dist. Ct. App. 2008)

. . . In 2004, section 1012.465(1), Florida Statutes (2004), was enacted to require that “[n]on-instructional . . . The following year, section 1012.465(1), Florida Statutes (2005), was enacted expanding the mandate for . . . the Legislature removed non-instructional contractors such as Car-ralero from the scope of section 1012.465 . . . come onto School Board property: At the time of Plaintiffs nolo conten-dere plea in 1996, neither § 1012.465 . . . Since Plaintiffs plea of nolo contendere predates the enactment of § 1012.465, Fla. . . .