Bill Text: FL S1444 | 2019 | Regular Session | Introduced
Bill Title: Education
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar [S1444 Detail]
Download: Florida-2019-S1444-Introduced.html
Florida Senate - 2019 SB 1444 By Senator Diaz 36-00619C-19 20191444__ 1 A bill to be entitled 2 An act relating to education; amending s. 1001.10, 3 F.S.; requiring the Department of Education to 4 maintain a disqualification list; providing 5 requirements for the disqualification list; requiring 6 the department to provide certain staff with access to 7 information from such disqualification list; amending 8 s. 1002.33, F.S.; prohibiting individuals who are on 9 the disqualification list from being employed or 10 contracted by a charter school or serving as a member 11 of a charter school governing board; amending s. 12 1002.421, F.S.; revising requirements for private 13 schools relating to employment; authorizing the 14 Commissioner of Education to deny or revoke the 15 authority of an owner or operator of a private school 16 to establish or operate a private school under 17 specified conditions; requiring the commissioner to 18 include such individuals on the disqualification list; 19 amending s. 1012.315, F.S.; expanding ineligibility 20 for educator certification or employment to persons 21 who are on the disqualification list; amending s. 22 1012.795, F.S.; expanding the authority of the 23 Education Practices Commission to discipline 24 instructional personnel and school administrators; 25 amending s. 1012.796, F.S.; requiring the department 26 to investigate certain complaints involving misconduct 27 by employees or contracted personnel of specified 28 entities; expanding penalties that may be imposed by 29 the commission; prohibiting individuals on the 30 disqualification list from serving or applying to 31 serve as an employee or contract personnel at any 32 public school or private school; providing criminal 33 penalties; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Subsections (4) and (5) of section 1001.10, 38 Florida Statutes, are amended to read: 39 1001.10 Commissioner of Education; general powers and 40 duties.— 41 (4) The Department of Education shall: 42 (a) Provide technical assistance to school districts, 43 charter schools, the Florida School for the Deaf and the Blind, 44 and private schools that accept scholarship students who 45 participate in a state scholarship program under chapter 1002 in 46 the development of policies, procedures, and training related to 47 employment practices and standards of ethical conduct for 48 instructional personnel and school administrators, as defined in 49 s. 1012.01. 50 (b) Maintain a state disqualification list, which must 51 include the following information: 52 1. The name of any individual who has been placed on the 53 list by the Education Practices Commission pursuant to s. 54 1012.796(7), or whose educator certificate has been permanently 55 revoked by the commission pursuant to s. 1012.796; and 56 2. The names of individuals who have been permanently 57 disqualified from participation in a scholarship program by the 58 department pursuant to s. 1002.421. 59 (5) The Department of Education shall provide authorized 60 staff of school districts, charter schools, the Florida School 61 for the Deaf and the Blind, and private schools that accept 62 scholarship students who participate in a state scholarship 63 program under chapter 1002 with access to electronic 64 verification of information from the following employment 65 screening tools: 66 (a) The Professional Practices’ Database of Disciplinary 67 Actions Against Educators;and68 (b) The Department of Education’s Teacher Certification 69 Database; and 70 (c) The Department of Education’s disqualification list 71 maintained pursuant to paragraph (4)(b). 72 73 This subsection does not require the department to provide these 74 staff with unlimited access to the databases. However, the 75 department shall provide the staff with access to the data 76 necessary for performing employment history checks of the 77 instructional personnel and school administrators included in 78 the databases. 79 Section 2. Paragraph (g) of subsection (12) of section 80 1002.33, Florida Statutes, is amended to read: 81 1002.33 Charter schools.— 82 (12) EMPLOYEES OF CHARTER SCHOOLS.— 83 (g)1. A charter school shall employ or contract with 84 employees who have undergone background screening as provided in 85 s. 1012.32. Members of the governing board of the charter school 86 shall also undergo background screening in a manner similar to 87 that provided in s. 1012.32. An individual may not be employed 88 as an employee or contract personnel of a charter school, or 89 serve as a member of a charter school governing board, if the 90 individual is on the disqualification list maintained by the 91 department pursuant to s. 1001.10(4)(b). 92 2. A charter school shall disqualify instructional 93 personnel and school administrators, as defined in s. 1012.01, 94 from employment in any position that requires direct contact 95 with students if the personnel or administrators are ineligible 96 for such employment under s. 1012.315. 97 3. The governing board of a charter school shall adopt 98 policies establishing standards of ethical conduct for 99 instructional personnel and school administrators. The policies 100 must require all instructional personnel and school 101 administrators, as defined in s. 1012.01, to complete training 102 on the standards; establish the duty of instructional personnel 103 and school administrators to report, and procedures for 104 reporting, alleged misconduct by other instructional personnel 105 and school administrators which affects the health, safety, or 106 welfare of a student; and include an explanation of the 107 liability protections provided under ss. 39.203 and 768.095. A 108 charter school, or any of its employees, may not enter into a 109 confidentiality agreement regarding terminated or dismissed 110 instructional personnel or school administrators, or personnel 111 or administrators who resign in lieu of termination, based in 112 whole or in part on misconduct that affects the health, safety, 113 or welfare of a student, and may not provide instructional 114 personnel or school administrators with employment references or 115 discuss the personnel’s or administrators’ performance with 116 prospective employers in another educational setting, without 117 disclosing the personnel’s or administrators’ misconduct. Any 118 part of an agreement or contract that has the purpose or effect 119 of concealing misconduct by instructional personnel or school 120 administrators which affects the health, safety, or welfare of a 121 student is void, is contrary to public policy, and may not be 122 enforced. 123 4. Before employing instructional personnel or school 124 administrators in any position that requires direct contact with 125 students, a charter school shall conduct employment history 126 checks of each of the personnel’s or administrators’ previous 127 employers, screen the instructional personnel or school 128 administrators through use of the educator screening tools 129 described in s. 1001.10(5), and document the findings. If unable 130 to contact a previous employer, the charter school must document 131 efforts to contact the employer. 132 5. The sponsor of a charter school that knowingly fails to 133 comply with this paragraph shall terminate the charter under 134 subsection (8). 135 Section 3. Paragraph (o) of subsection (1) and subsection 136 (3) of section 1002.421, Florida Statutes, are amended to read: 137 1002.421 State school choice scholarship program 138 accountability and oversight.— 139 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 140 school participating in an educational scholarship program 141 established pursuant to this chapter must be a private school as 142 defined in s. 1002.01(2) in this state, be registered, and be in 143 compliance with all requirements of this section in addition to 144 private school requirements outlined in s. 1002.42, specific 145 requirements identified within respective scholarship program 146 laws, and other provisions of Florida law that apply to private 147 schools, and must: 148 (o) Before employing an individualinstructional personnel149or school administratorsin any position that requires direct 150 contact with students, conduct employment history checks ofeach151of the personnel’s or administrators’previous employers, screen 152 the individualpersonnel or administratorsthrough use of the 153educatorscreening tools described in s. 1001.10(5), and 154 document the findings. If unable to contact a previous employer, 155 the private school must document efforts to contact the 156 employer. The school must deny employment to any individual 157 whose educator certificate is revoked, who is barred from 158 reapplication, or who is on the disqualification list maintained 159 by the department pursuant to s. 1001.10(4)(b). 160 161 The department shall suspend the payment of funds to a private 162 school that knowingly fails to comply with this subsection, and 163 shall prohibit the school from enrolling new scholarship 164 students, for 1 fiscal year and until the school complies. If a 165 private school fails to meet the requirements of this subsection 166 or has consecutive years of material exceptions listed in the 167 report required under paragraph (q), the commissioner may 168 determine that the private school is ineligible to participate 169 in a scholarship program. 170 (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS. 171 The Commissioner of Education: 172 (a) Shall deny, suspend, or revoke a private school’s 173 participation in a scholarship program if it is determined that 174 the private school has failed to comply with this section or 175 exhibits a previous pattern of failure to comply. However, if 176 the noncompliance is correctable within a reasonable amount of 177 time, not to exceed 45 days, and if the health, safety, or 178 welfare of the students is not threatened, the commissioner may 179 issue a notice of noncompliance which provides the private 180 school with a timeframe within which to provide evidence of 181 compliance before taking action to suspend or revoke the private 182 school’s participation in the scholarship program. 183 (b) May deny, suspend, or revoke a private school’s 184 participation in a scholarship program if the commissioner 185 determines that an owner or operator of the private school is 186 operating or has operated an educational institution in this 187 state or in another state or jurisdiction in a manner contrary 188 to the health, safety, or welfare of the public or if the owner 189 or operator has exhibited a previous pattern of failure to 190 comply with this section or specific requirements identified 191 within respective scholarship program laws. For purposes of this 192 subsection, the term “owner or operator” has the same meaning as 193 provided in paragraph (1)(p). 194 (c) May permanently deny or revoke the authority of an 195 owner or operator to establish or operate a private school in 196 this state if the commissioner decides that the owner or 197 operator is operating or has operated an educational institution 198 in this state or another state or jurisdiction in a manner 199 contrary to the health, safety, or welfare of the public, and 200 shall include such individuals on the disqualification list 201 maintained by the department pursuant to s. 1001.10(4)(b). 202 (d)(c)1. In making such a determination, may consider 203 factors that include, but are not limited to, acts or omissions 204 by an owner or operator which led to a previous denial, 205 suspension, or revocation of participation in a state or federal 206 education scholarship program; an owner’s or operator’s failure 207 to reimburse the department or scholarship-funding organization 208 for scholarship funds improperly received or retained by a 209 school; the imposition of a prior criminal sanction related to 210 an owner’s or operator’s management or operation of an 211 educational institution; the imposition of a civil fine or 212 administrative fine, license revocation or suspension, or 213 program eligibility suspension, termination, or revocation 214 related to an owner’s or operator’s management or operation of 215 an educational institution; or other types of criminal 216 proceedings in which an owner or operator was found guilty of, 217 regardless of adjudication, or entered a plea of nolo contendere 218 or guilty to, any offense involving fraud, deceit, dishonesty, 219 or moral turpitude. 220 2. The commissioner’s determination is subject to the 221 following: 222 a. If the commissioner intends to deny, suspend, or revoke 223 a private school’s participation in the scholarship program, the 224 department shall notify the private school of such proposed 225 action in writing by certified mail and regular mail to the 226 private school’s address of record with the department. The 227 notification shall include the reasons for the proposed action 228 and notice of the timelines and procedures set forth in this 229 paragraph. 230 b. The private school that is adversely affected by the 231 proposed action shall have 15 days after receipt of the notice 232 of proposed action to file with the department’s agency clerk a 233 request for a proceeding pursuant to ss. 120.569 and 120.57. If 234 the private school is entitled to a hearing under s. 120.57(1), 235 the department shall forward the request to the Division of 236 Administrative Hearings. 237 c. Upon receipt of a request referred pursuant to this 238 subparagraph, the director of the Division of Administrative 239 Hearings shall expedite the hearing and assign an administrative 240 law judge who shall commence a hearing within 30 days after the 241 receipt of the formal written request by the division and enter 242 a recommended order within 30 days after the hearing or within 243 30 days after receipt of the hearing transcript, whichever is 244 later. Each party shall be allowed 10 days in which to submit 245 written exceptions to the recommended order. A final order shall 246 be entered by the agency within 30 days after the entry of a 247 recommended order. The provisions of this sub-subparagraph may 248 be waived upon stipulation by all parties. 249 (e)(d)May immediately suspend payment of scholarship funds 250 if it is determined that there is probable cause to believe that 251 there is: 252 1. An imminent threat to the health, safety, or welfare of 253 the students; 254 2. A previous pattern of failure to comply with this 255 section; or 256 3. Fraudulent activity on the part of the private school. 257 Notwithstanding s. 1002.22, in incidents of alleged fraudulent 258 activity pursuant to this section, the department’s Office of 259 Inspector General is authorized to release personally 260 identifiable records or reports of students to the following 261 persons or organizations: 262 a. A court of competent jurisdiction in compliance with an 263 order of that court or the attorney of record in accordance with 264 a lawfully issued subpoena, consistent with the Family 265 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g. 266 b. A person or entity authorized by a court of competent 267 jurisdiction in compliance with an order of that court or the 268 attorney of record pursuant to a lawfully issued subpoena, 269 consistent with the Family Educational Rights and Privacy Act, 270 20 U.S.C. s. 1232g. 271 c. Any person, entity, or authority issuing a subpoena for 272 law enforcement purposes when the court or other issuing agency 273 has ordered that the existence or the contents of the subpoena 274 or the information furnished in response to the subpoena not be 275 disclosed, consistent with the Family Educational Rights and 276 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31. 277 278 The commissioner’s order suspending payment pursuant to this 279 paragraph may be appealed pursuant to the same procedures and 280 timelines as the notice of proposed action set forth in 281 subparagraph (d)2.subparagraph (c)2.282 Section 4. Section 1012.315, Florida Statutes, is amended 283 to read: 284 1012.315 Disqualification from employment.—A person is 285 ineligible for educator certification or employment in any 286 position that requires direct contact with students in a 287 district school system, charter school, or private school that 288 accepts scholarship students who participate in a state 289 scholarship program under chapter 1002 if the person is on the 290 disqualification list maintained by the department pursuant to 291 s. 1001.10(4)(b) or has been convicted of: 292 (1) Any felony offense prohibited under any of the 293 following statutes: 294 (a) Section 393.135, relating to sexual misconduct with 295 certain developmentally disabled clients and reporting of such 296 sexual misconduct. 297 (b) Section 394.4593, relating to sexual misconduct with 298 certain mental health patients and reporting of such sexual 299 misconduct. 300 (c) Section 415.111, relating to adult abuse, neglect, or 301 exploitation of aged persons or disabled adults. 302 (d) Section 782.04, relating to murder. 303 (e) Section 782.07, relating to manslaughter, aggravated 304 manslaughter of an elderly person or disabled adult, aggravated 305 manslaughter of a child, or aggravated manslaughter of an 306 officer, a firefighter, an emergency medical technician, or a 307 paramedic. 308 (f) Section 784.021, relating to aggravated assault. 309 (g) Section 784.045, relating to aggravated battery. 310 (h) Section 784.075, relating to battery on a detention or 311 commitment facility staff member or a juvenile probation 312 officer. 313 (i) Section 787.01, relating to kidnapping. 314 (j) Section 787.02, relating to false imprisonment. 315 (k) Section 787.025, relating to luring or enticing a 316 child. 317 (l) Section 787.04(2), relating to leading, taking, 318 enticing, or removing a minor beyond the state limits, or 319 concealing the location of a minor, with criminal intent pending 320 custody proceedings. 321 (m) Section 787.04(3), relating to leading, taking, 322 enticing, or removing a minor beyond the state limits, or 323 concealing the location of a minor, with criminal intent pending 324 dependency proceedings or proceedings concerning alleged abuse 325 or neglect of a minor. 326 (n) Section 790.115(1), relating to exhibiting firearms or 327 weapons at a school-sponsored event, on school property, or 328 within 1,000 feet of a school. 329 (o) Section 790.115(2)(b), relating to possessing an 330 electric weapon or device, destructive device, or other weapon 331 at a school-sponsored event or on school property. 332 (p) Section 794.011, relating to sexual battery. 333 (q) Former s. 794.041, relating to sexual activity with or 334 solicitation of a child by a person in familial or custodial 335 authority. 336 (r) Section 794.05, relating to unlawful sexual activity 337 with certain minors. 338 (s) Section 794.08, relating to female genital mutilation. 339 (t) Chapter 796, relating to prostitution. 340 (u) Chapter 800, relating to lewdness and indecent 341 exposure. 342 (v) Section 800.101, relating to offenses against students 343 by authority figures. 344 (w) Section 806.01, relating to arson. 345 (x) Section 810.14, relating to voyeurism. 346 (y) Section 810.145, relating to video voyeurism. 347 (z) Section 812.014(6), relating to coordinating the 348 commission of theft in excess of $3,000. 349 (aa) Section 812.0145, relating to theft from persons 65 350 years of age or older. 351 (bb) Section 812.019, relating to dealing in stolen 352 property. 353 (cc) Section 812.13, relating to robbery. 354 (dd) Section 812.131, relating to robbery by sudden 355 snatching. 356 (ee) Section 812.133, relating to carjacking. 357 (ff) Section 812.135, relating to home-invasion robbery. 358 (gg) Section 817.563, relating to fraudulent sale of 359 controlled substances. 360 (hh) Section 825.102, relating to abuse, aggravated abuse, 361 or neglect of an elderly person or disabled adult. 362 (ii) Section 825.103, relating to exploitation of an 363 elderly person or disabled adult. 364 (jj) Section 825.1025, relating to lewd or lascivious 365 offenses committed upon or in the presence of an elderly person 366 or disabled person. 367 (kk) Section 826.04, relating to incest. 368 (ll) Section 827.03, relating to child abuse, aggravated 369 child abuse, or neglect of a child. 370 (mm) Section 827.04, relating to contributing to the 371 delinquency or dependency of a child. 372 (nn) Section 827.071, relating to sexual performance by a 373 child. 374 (oo) Section 843.01, relating to resisting arrest with 375 violence. 376 (pp) Chapter 847, relating to obscenity. 377 (qq) Section 874.05, relating to causing, encouraging, 378 soliciting, or recruiting another to join a criminal street 379 gang. 380 (rr) Chapter 893, relating to drug abuse prevention and 381 control, if the offense was a felony of the second degree or 382 greater severity. 383 (ss) Section 916.1075, relating to sexual misconduct with 384 certain forensic clients and reporting of such sexual 385 misconduct. 386 (tt) Section 944.47, relating to introduction, removal, or 387 possession of contraband at a correctional facility. 388 (uu) Section 985.701, relating to sexual misconduct in 389 juvenile justice programs. 390 (vv) Section 985.711, relating to introduction, removal, or 391 possession of contraband at a juvenile detention facility or 392 commitment program. 393 (2) Any misdemeanor offense prohibited under any of the 394 following statutes: 395 (a) Section 784.03, relating to battery, if the victim of 396 the offense was a minor. 397 (b) Section 787.025, relating to luring or enticing a 398 child. 399 (3) Any criminal act committed in another state or under 400 federal law which, if committed in this state, constitutes an 401 offense prohibited under any statute listed in subsection (1) or 402 subsection (2). 403 (4) Any delinquent act committed in this state or any 404 delinquent or criminal act committed in another state or under 405 federal law which, if committed in this state, qualifies an 406 individual for inclusion on the Registered Juvenile Sex Offender 407 List under s. 943.0435(1)(h)1.d. 408 Section 5. Subsection (1) of section 1012.795, Florida 409 Statutes, is amended to read: 410 1012.795 Education Practices Commission; authority to 411 discipline.— 412 (1) The Education Practices Commission may suspend the 413 educator certificate of any instructional personnel or school 414 administrator, as defined in s. 1012.01(2) or (3), for up to 5 415 years, thereby denying that person the right to teach or 416 otherwise be employed by a district school board or public 417 school in any capacity requiring direct contact with students 418 for that period of time, after which the person may return to 419 teaching as provided in subsection (4); may revoke the educator 420 certificate of any person, thereby denying that person the right 421 to teach or otherwise be employed by a district school board or 422 public school in any capacity requiring direct contact with 423 students for up to 10 years, with reinstatement subject to 424 subsection (4); may permanently revoke the educator certificate 425 of any person thereby denying that person the right to teach or 426 otherwise be employed by a district school board or public 427 school in any capacity requiring direct contact with students; 428 may suspend a person’s educator certificate, upon an order of 429 the court or notice by the Department of Revenue relating to the 430 payment of child support; may place an employee or contracted 431 personnel of any public school, charter school, charter school 432 governing board, or private school that accepts scholarship 433 students who participate in a state scholarship program under 434 chapter 1002 on the disqualification list maintained by the 435 department pursuant to s. 1001.10(4)(b) if such conduct would 436 otherwise result in the permanent revocation of a certificate; 437 or may impose any other penalty provided by law, if the person: 438 (a) Obtained or attempted to obtain an educator certificate 439 by fraudulent means. 440 (b) Knowingly failed to report actual or suspected child 441 abuse as required in s. 1006.061 or report alleged misconduct by 442 instructional personnel or school administrators which affects 443 the health, safety, or welfare of a student as required in s. 444 1012.796. 445 (c) Has proved to be incompetent to teach or to perform 446 duties as an employee of the public school system or to teach in 447 or to operate a private school. 448 (d) Has been guilty of gross immorality or an act involving 449 moral turpitude as defined by rule of the State Board of 450 Education, including engaging in or soliciting sexual, romantic, 451 or lewd conduct with a student or minor. 452 (e) Has had an educator certificate or other professional 453 license sanctioned by this or any other state or has had the 454 authority to practice the regulated profession revoked, 455 suspended, or otherwise acted against, including a denial of 456 certification or licensure, by the licensing or certifying 457 authority of any jurisdiction, including its agencies and 458 subdivisions. The licensing or certifying authority’s acceptance 459 of a relinquishment, stipulation, consent order, or other 460 settlement offered in response to or in anticipation of the 461 filing of charges against the licensee or certificateholder 462 shall be construed as action against the license or certificate. 463 For purposes of this section, a sanction or action against a 464 professional license, a certificate, or an authority to practice 465 a regulated profession must relate to being an educator or the 466 fitness of or ability to be an educator. 467 (f) Has been convicted or found guilty of, has had 468 adjudication withheld for, or has pled guilty or nolo contendere 469 to a misdemeanor, felony, or any other criminal charge, other 470 than a minor traffic violation. 471 (g) Upon investigation, has been found guilty of personal 472 conduct that seriously reduces that person’s effectiveness as an 473 employee of the district school board. 474 (h) Has breached a contract, as provided in s. 1012.33(2) 475 or s. 1012.335. 476 (i) Has been the subject of a court order or notice by the 477 Department of Revenue pursuant to s. 409.2598 directing the 478 Education Practices Commission to suspend the certificate as a 479 result of noncompliance with a child support order, a subpoena, 480 an order to show cause, or a written agreement with the 481 Department of Revenue. 482 (j) Has violated the Principles of Professional Conduct for 483 the Education Profession prescribed by State Board of Education 484 rules. 485 (k) Has otherwise violated the provisions of law, the 486 penalty for which is the revocation of the educator certificate. 487 (l) Has violated any order of the Education Practices 488 Commission. 489 (m) Has been the subject of a court order or plea agreement 490 in any jurisdiction which requires the certificateholder to 491 surrender or otherwise relinquish his or her educator’s 492 certificate. A surrender or relinquishment shall be for 493 permanent revocation of the certificate. A person may not 494 surrender or otherwise relinquish his or her certificate prior 495 to a finding of probable cause by the commissioner as provided 496 in s. 1012.796. 497 (n) Has been disqualified from educator certification under 498 s. 1012.315. 499 (o) Has committed a third recruiting offense as determined 500 by the Florida High School Athletic Association (FHSAA) pursuant 501 to s. 1006.20(2)(b). 502 (p) Has violated test security as provided in s. 1008.24. 503 Section 6. Paragraph (g) of subsection (1), paragraph (i) 504 of subsection (7), and paragraph (10) are added to section 505 1012.796, Florida Statutes, to read: 506 1012.796 Complaints against teachers and administrators; 507 procedure; penalties.— 508 (1) 509 (g) The department shall immediately investigate any 510 legally sufficient complaint that involves misconduct by an 511 employee or contracted personnel of any public school, charter 512 school, charter school governing board, or private school that 513 accepts scholarship students who participate in a state 514 scholarship program under chapter 1002 which affects the health, 515 safety, or welfare of a student and would otherwise result in 516 the permanent revocation of a certificate, giving the complaint 517 priority over other pending complaints. 518 (7) A panel of the commission shall enter a final order 519 either dismissing the complaint or imposing one or more of the 520 following penalties: 521 (i) Place an individual who is not a certificateholder on 522 the disqualification list maintained by the department pursuant 523 to s. 1001.10(4)(b) if the conduct would meet the standard for 524 permanent revocation of a certificate. 525 526 The penalties imposed under this subsection are in addition to, 527 and not in lieu of, the penalties required for a third 528 recruiting offense pursuant to s. 1006.20(2)(b). 529 (10) An individual on the disqualification list maintained 530 by the department pursuant to s. 1001.10(4)(b) may not serve or 531 apply to serve as an employee or contracted personnel at any 532 public school or private school in this state. An individual who 533 violates this provision commits a felony of the third degree, 534 punishable as provided in s. 775.082 or s. 775.083. 535 Section 7. This act shall take effect July 1, 2019.