Hiring Guidelines

  • Criminal History Hiring Guidelines-Instructional

    This applies to instructional positions, educational paraprofessional positions, instructional substitute positions and administrative positions that require an educator’s certificate.

    This procedure will be administered in conjunction with School Board policy 6.173 and applicable Florida Statutes.

    Instructional employees, educational paraprofessionals, and school administrators holding an educator’s certificate must meet the standards listed in Florida Statute 435.04 [referred to in School Board Policy 6.173 as state standards A], and Florida Statute 1012.315 [referred to in School Board policy 6.173 as State Standards B] and District Standards.

    Florida Statute 435.04, STATE STANDARDS A

    The security background investigations must ensure that no persons have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea or nolo contendere or guilty to, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction.

    a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

    b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

    c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

    d) Section 782.04, relating to murder.

    e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

    f) Section 782.071, relating to vehicular homicide.

    g) Section 782.09, relating to killing of an unborn quick child by injury to the mother.

    h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

    i) Section 784.011, relating to assault, if the victim of the offense was a minor.

    j) Section 784.03, relating to battery, if the victim of the offense was a minor.

    k) Section 787.01, relating to kidnapping.

    l) Section 787.02, relating to false imprisonment.

    m) Section 787.025, relating to luring or enticing a child.

    n) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

    o) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.

    p) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

    q) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

    r) Section 794.011, relating to sexual battery.

    s) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.

    t) Section 794.05, relating to unlawful sexual activity with certain minors.

    u) Chapter 796, relating to prostitution.

    v) Section 798.02, relating to lewd and lascivious behavior.

    w) Chapter 800, relating to lewdness and indecent exposure.

    x) Section 806.01, relating to arson.

    y) Section 810.02, relating to burglary.

    z) Section 810.14, relating to voyeurism, if the offense is a felony.

    aa)Section 810.145, relating to video voyeurism, if the offense is a felony.

    bb) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

    cc) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

    dd)Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

    ee)Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

    ff)Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

    gg)Section 826.04, relating to incest.

    hh)Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

    ii) Section 827.04, relating to contributing to the delinquency or dependency of a child.

    jj) Former s. 827.05, relating to negligent treatment of children.

    kk)Section 827.071, relating to sexual performance by a child.

    ll) Section 843.01, relating to resisting arrest with violence.

    mm)Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.

    nn)Section 843.12, relating to aiding in an escape.

    oo)Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.

    pp)Chapter 847, relating to obscene literature.

    qq) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.

    rr)Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.

    ss)Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

    tt) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.

    uu) Section 944.40, relating to escape.

    vv)Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.

    ww)Section 944.47, relating to introduction of contraband into a correctional facility.

    xx) Section 985.701, relating to sexual misconduct in juvenile justice programs.

    yy) Section 985.711, relating to contraband introduced into detention facilities.

    The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes DOMESTIC VIOLANCE as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.

    Florida Statute 1012.315, STATE STANDARDS B

    A person is ineligible for educator certification, and instructional personnel and school administrators, as defined in s. 1012.01, are ineligible for employment in any position that requires direct contact with students in a district school system, charter school, or private school that accepts scholarship students under s. 1002.39 or s. 1002.395, if the person, instructional personnel, or school administrator has been convicted of:

    (1) Any felony offense prohibited under any of the following statutes:

    (a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

    (b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

    (c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

    (d) Section 782.04, relating to murder.

    (e) Section 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.

    (f) Section 784.021, relating to aggravated assault.

    (g) Section 784.045, relating to aggravated battery.

    (h) Section 784.075, relating to battery on a detention or commitment facility staff member or a juvenile probation officer.

    (i) Section 787.01, relating to kidnapping.

    (j) Section 787.02, relating to false imprisonment.

    (k) Section 787.025, relating to luring or enticing a child.

    (l) Section 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.

    (m)Section 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.

    (n) Section 790.115(1), relating to exhibiting firearms or weapons at a school-sponsored event, on school property, or within 1,000 feet of a school.

    (o) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon at a school-sponsored event or on school property.

    (p) Section 794.011, relating to sexual battery.

    (q) Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial authority.

    (r) Section 794.05, relating to unlawful sexual activity with certain minors.

    (s) Section 794.08, relating to female genital mutilation.

    (t) Chapter 796, relating to prostitution.

    (u) Chapter 800, relating to lewdness and indecent exposure.

    (v) Section 806.01, relating to arson.

    (w) Section 810.14, relating to voyeurism.

    (x) Section 810.145, relating to video voyeurism.

    (y) Section 812.014(6), relating to coordinating the commission of theft in excess of $3,000.

    (z) Section 812.0145, relating to theft from persons 65 years of age or older.

    (aa) Section 812.019, relating to dealing in stolen property.

    (bb) Section 812.13, relating to robbery.

    (cc) Section 812.131, relating to robbery by sudden snatching.

    (dd) Section 812.133, relating to carjacking.

    (ee) Section 812.135, relating to home-invasion robbery.

    (ff) Section 817.563, relating to fraudulent sale of controlled substances.

    (gg)Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

    (hh)Section 825.103, relating to exploitation of an elderly person or disabled adult.

    (ii) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.

    (jj) Section 826.04, relating to incest.

    (kk)Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

    (ll) Section 827.04, relating to contributing to the delinquency or dependency of a child.

    (mm)Section 827.071, relating to sexual performance by a child.

    (nn) Section 843.01, relating to resisting arrest with violence.

    (oo) Chapter 847, relating to obscenity.

    (pp) Section 874.05, relating to causing, encouraging, soliciting, or recruiting another to join a criminal street gang.

    (qq) Chapter 893, relating to drug abuse prevention and control, if the offense was a felony of the second degree or greater severity.

    (rr) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

    (ss) Section 944.47, relating to introduction, removal, or possession of contraband at a correctional facility.

    (tt) Section 985.701, relating to sexual misconduct in juvenile justice programs.

    (uu) Section 985.711, relating to introduction, removal, or possession of contraband at a juvenile detention facility or commitment program.

    (2) Any misdemeanor offense prohibited under any of the following statutes:

    (a) Section 784.03, relating to battery, if the victim of the offense was a minor.

    (b) Section 787.025, relating to luring or enticing a child.

    (3) Any criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).

    (4) 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)(a)1.d.

    DISTRICT STANDARDS

    In addition to State Standards listed above, all employees must meet District established standards:
    Not Eligible for Hire if Offense is Less Than Five (5) Years Old

    • Any crime related to fraud or theft (only applies to persons hired into administrative positions or positions related to finance or payroll including, but not limited to, school bookkeepers)
    • Felony possession of a concealed weapon
    • Misdemeanor drug and/or paraphernalia offenses
    • Misdemeanor battery/assault
    • Cruelty or neglect of animals

    * All other offenses and those outside of the timelines will also be considered.
    * A pattern of behavior or an extensive criminal record may also render the applicant ineligible.

    If an applicant does not disclose previous criminal history on his/her Security Background Check Page, it will be considered falsification and will render him/her ineligible for employment for at least one (1) year and/or will result in termination. An applicant, who did not disclose, may reapply one (1) year from the date of non-disclosure determination.

    NOTE: Applicants that have pending criminal charges or pending Professional Practices Services cases (through the Florida Department of Education) are marked not eligible for hire until resolved.

    Criminal History Hiring Guidelines - Noninstructional

    This applies to noninstructional positions, non-educational paraprofessional positions, noninstructional substitute positions and administrative positions that do not require an educator’s certificate.

    This procedure will be administered in conjunction with School Board policy 6.173 and applicable Florida Statutes.

    Support and other noninstructional employees must meet Level 2 screening standards listed in Florida Statute 435.04 [referred to in School Board policy 6.173 as State Standards A] and District Standards.

    Florida Statute 435.04, STATE STANDARDS A

    The security background investigations must ensure that no persons have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea or nolo contendere or guilty to, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction.

    a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

    b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

    c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

    d) Section 782.04, relating to murder.

    e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

    f) Section 782.071, relating to vehicular homicide.

    g)Section 782.09, relating to killing of an unborn quick child by injury to the mother.

    h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

    i) Section 784.011, relating to assault, if the victim of the offense was a minor.

    j) Section 784.03, relating to battery, if the victim of the offense was a minor.

    k) Section 787.01, relating to kidnapping.

    l) Section 787.02, relating to false imprisonment.

    m) Section 787.025, relating to luring or enticing a child.

    n) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

    o) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.

    p) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

    q) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

    r) Section 794.011, relating to sexual battery.

    s) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.

    t) Section 794.05, relating to unlawful sexual activity with certain minors.

    u) Chapter 796, relating to prostitution.

    v) Section 798.02, relating to lewd and lascivious behavior.

    w) Chapter 800, relating to lewdness and indecent exposure.

    x) Section 806.01, relating to arson.

    y) Section 810.02, relating to burglary.

    z) Section 810.14, relating to voyeurism, if the offense is a felony.

    aa) Section 810.145, relating to video voyeurism, if the offense is a felony.

    bb) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

    cc) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

    dd) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

    ee) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

    ff) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

    gg) Section 826.04, relating to incest.

    hh) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

    ii) Section 827.04, relating to contributing to the delinquency or dependency of a child.

    jj) Former s. 827.05, relating to negligent treatment of children.

    kk) Section 827.071, relating to sexual performance by a child.

    ll) Section 843.01, relating to resisting arrest with violence.

    mm) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.

    nn) Section 843.12, relating to aiding in an escape.

    oo) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.

    pp) Chapter 847, relating to obscene literature.

    qq) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.

    rr) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.

    ss) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

    tt) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.

    uu) Section 944.40, relating to escape.

    vv) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.

    ww) Section 944.47, relating to introduction of contraband into a correctional facility.

    xx) Section 985.701, relating to sexual misconduct in juvenile justice programs.

    yy) Section 985.711, relating to contraband introduced into detention facilities.

    The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes DOMESTIC VIOLANCE as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.

    DISTRICT STANDARDS

    In addition to State Standards listed above, all employees must meet District established standards:
    Not Eligible for Hire if Offense is Less Than Five (5) Years Old

    • Any crime related to fraud or theft (only applies to persons hired into administrative positions or positions related to finance or payroll including, but not limited to, school bookkeepers)
    • Felony possession of a concealed weapon
    • Misdemeanor drug and/or paraphernalia offenses
    • Misdemeanor battery/assault
    • Cruelty or neglect of animals

    * All other offenses and those outside of the timelines will also be considered.
    * A pattern of behavior or an extensive criminal record may also render the applicant ineligible.

    If an applicant does not disclose previous criminal history on his/her Security Background Check Page, it will be considered falsification and will render him/her ineligible for employment for at least one (1) year and/or will result in termination. An applicant, who did not disclose, may reapply one (1) year from the date of non-disclosure determination.

    NOTE: Applicants that have pending criminal charges or pending Professional Practices Services cases (through the Florida Department of Education) are marked not eligible for hire until resolved.