Florida Regulations 6A-10.082: Mandatory Reporting of Offenses Affecting the Health, Safety or Welfare of Florida Students
Current as of: 2024 | Check for updates
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(1) Definitions. For the purposes of this rule, the following definitions apply:
(a) “”Administrative personnel”” means any K-12 personnel, as defined by Florida Statutes § 1012.01(3)
(b) “”Instructional personnel”” means any K-12 staff member as defined by Florida Statutes § 1012.01(2)
(c) “”Substantiated allegation”” means evidence of guilt that goes beyond reasonable suspicion and which supports a finding of probable cause to believe the conduct has occurred. It does not require the completion of an investigation and can be a preliminary determination.
(2) Beginning with the 2019-20 school year, in order to provide the Department with information which will form the basis of a complaint to recommend revocation, suspension or other penalty of a educator’s certificate and in order to provide the Commissioner information so that he can exercise his authority to request the reassignment of personnel from direct student contact, within twenty-four (24) hours of the matter coming to the attention of a school district, a school district superintendent must report to the Department of Education an arrest or conviction of any administrative or instructional personnel for any of the offenses listed below. The same reporting requirements apply where there are substantiated allegations of misconduct by any administrative or instructional personnel that would constitute any of the offenses listed below, regardless of whether there has been an arrest or conviction.
(a) Felony offenses:
1. Florida Statutes § 782.04, relating to murder.
2. Florida Statutes § 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
3. Florida Statutes § 787.01, relating to kidnapping.
4. Florida Statutes § 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
5. Florida Statutes § 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
6. Florida Statutes § 794.011, relating to sexual battery.
7. Florida Statutes § 794.05, relating to unlawful sexual activity with certain minors.
8. Florida Statutes § 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
9. Florida Statutes § 796.05, deriving support from the proceeds of prostitution.
10. Florida Statutes § 800.101, relating to offenses against students by authority figures.
11. Florida Statutes § 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
12. Florida Statutes § 827.071, relating to sexual performance by a child.
(b) Felony or misdemeanor offenses:
1. Florida Statutes § 787.025, relating to luring or enticing a child.
2. Florida Statutes § 796.06, renting space to be used for lewdness, assignation, or prostitution.
3. Florida Statutes § 796.07, prohibiting prostitution and related acts.
(c) Any criminal act committed in another state, or under federal law, which if committed in Florida constitutes an offense prohibited under any statute listed in paragraph (2)(a) or (2)(b) of this rule.
(3) The superintendent’s report pursuant to subsection (2) to the Department of Education must include, at a minimum:
(a) The name of the instructional or administrative staff person arrested, convicted, or implicated by a substantiated allegation of misconduct;
(b) The name of the institution where the person is or was employed;
(c) The date on which the school district became aware of the arrest, conviction, or substantiated allegation of misconduct;
(d) A summary of the substantiated allegations of misconduct giving rise to this report; and
(e) A description of any action taken by the district in response.
(4) The superintendent’s report must be emailed to the Department of Education at the following address: 24hr.DistrictReporting@fldoe.org.
(5) The Department of Education’s Office of Professional Practices Services must at a minimum:
(a) Within twenty-four (24) hours, place an administrative notification on the educator’s profile screen in the database maintained by the Bureau of Educator Certification and the Office of Professional Practices Services shall notify the Commissioner within twenty-four (24) hours;
(b) Prioritize the case and immediately begin the investigation to expedite presentation of the case to the Commissioner of Education for the Commissioner’s consideration of probable cause to sanction the educator’s certificate.
Rulemaking Authority 1001.02(1), 1001.02(2)(n), 1012.796 FS. Law Implemented 1012.796(1), 1012.796(5) FS. History-New 10-6-19, Amended 10-27-20.
Terms Used In Florida Regulations 6A-10.082
- Allegation: something that someone says happened.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Statute: A law passed by a legislature.
(b) “”Instructional personnel”” means any K-12 staff member as defined by Florida Statutes § 1012.01(2)
(c) “”Substantiated allegation”” means evidence of guilt that goes beyond reasonable suspicion and which supports a finding of probable cause to believe the conduct has occurred. It does not require the completion of an investigation and can be a preliminary determination.
(2) Beginning with the 2019-20 school year, in order to provide the Department with information which will form the basis of a complaint to recommend revocation, suspension or other penalty of a educator’s certificate and in order to provide the Commissioner information so that he can exercise his authority to request the reassignment of personnel from direct student contact, within twenty-four (24) hours of the matter coming to the attention of a school district, a school district superintendent must report to the Department of Education an arrest or conviction of any administrative or instructional personnel for any of the offenses listed below. The same reporting requirements apply where there are substantiated allegations of misconduct by any administrative or instructional personnel that would constitute any of the offenses listed below, regardless of whether there has been an arrest or conviction.
(a) Felony offenses:
1. Florida Statutes § 782.04, relating to murder.
2. Florida Statutes § 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
3. Florida Statutes § 787.01, relating to kidnapping.
4. Florida Statutes § 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
5. Florida Statutes § 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
6. Florida Statutes § 794.011, relating to sexual battery.
7. Florida Statutes § 794.05, relating to unlawful sexual activity with certain minors.
8. Florida Statutes § 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
9. Florida Statutes § 796.05, deriving support from the proceeds of prostitution.
10. Florida Statutes § 800.101, relating to offenses against students by authority figures.
11. Florida Statutes § 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
12. Florida Statutes § 827.071, relating to sexual performance by a child.
(b) Felony or misdemeanor offenses:
1. Florida Statutes § 787.025, relating to luring or enticing a child.
2. Florida Statutes § 796.06, renting space to be used for lewdness, assignation, or prostitution.
3. Florida Statutes § 796.07, prohibiting prostitution and related acts.
(c) Any criminal act committed in another state, or under federal law, which if committed in Florida constitutes an offense prohibited under any statute listed in paragraph (2)(a) or (2)(b) of this rule.
(3) The superintendent’s report pursuant to subsection (2) to the Department of Education must include, at a minimum:
(a) The name of the instructional or administrative staff person arrested, convicted, or implicated by a substantiated allegation of misconduct;
(b) The name of the institution where the person is or was employed;
(c) The date on which the school district became aware of the arrest, conviction, or substantiated allegation of misconduct;
(d) A summary of the substantiated allegations of misconduct giving rise to this report; and
(e) A description of any action taken by the district in response.
(4) The superintendent’s report must be emailed to the Department of Education at the following address: 24hr.DistrictReporting@fldoe.org.
(5) The Department of Education’s Office of Professional Practices Services must at a minimum:
(a) Within twenty-four (24) hours, place an administrative notification on the educator’s profile screen in the database maintained by the Bureau of Educator Certification and the Office of Professional Practices Services shall notify the Commissioner within twenty-four (24) hours;
(b) Prioritize the case and immediately begin the investigation to expedite presentation of the case to the Commissioner of Education for the Commissioner’s consideration of probable cause to sanction the educator’s certificate.
Rulemaking Authority 1001.02(1), 1001.02(2)(n), 1012.796 FS. Law Implemented 1012.796(1), 1012.796(5) FS. History-New 10-6-19, Amended 10-27-20.