Florida Teacher Arrest Reporting: The 48-Hour Self-Report Rule

For a Florida teacher, school administrator or other certified educator, an arrest can start two cases at once: the criminal case in county or circuit court, and a possible case against the educator certificate. The certificate case runs through the Florida Department of Education (FDOE) and the Education Practices Commission (EPC). It has its own deadlines, and one of them starts running within hours of the arrest. Former prosecutor Daniel D. Nawara defends educators facing criminal charges in Sarasota, Manatee and surrounding counties. This page explains what Florida's rules say about self-reporting and how the two cases interact.

The rule: Florida Administrative Code Rule 6A-10.081

The Principles of Professional Conduct for the Education Profession in Florida are in Rule 6A-10.081. Paragraph (2)(c)13 requires a certified educator to self-report to a school district authority chosen by the superintendent, or to another appropriate authority such as a charter school or university lab school administrator. The rule, as amended effective October 28, 2025, has two separate parts:

Arrests (rule 6A-10.081(2)(c)13.a). Any arrest for a felony or misdemeanor offense listed under section 435.04(2), Florida Statutes. The report must be made within 48 hours of the arrest.
Dispositions (rule 6A-10.081(2)(c)13.b). Any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation. This report is due within 48 hours after the final judgment or commitment to a pretrial diversion program.

The difference matters. The arrest-reporting duty under the rule covers only offenses on the section 435.04(2) list. The disposition-reporting duty covers any criminal offense other than a minor traffic violation, and it expressly includes a no contest (nolo contendere) plea, a withhold of adjudication and entry into pretrial diversion. A withhold or diversion is not a "conviction" in everyday terms, but under this rule it still has to be reported. See withhold of adjudication vs. conviction and pretrial diversion.

Violating any of the Principles, including the self-report requirement, is itself a ground for discipline under section 1012.795(1)(j).

Which arrests are on the section 435.04(2) list?

Section 435.04(2) is Florida's Level 2 background screening list. Among many others, it includes:

Felony offenses under chapter 784 (assault and battery), and aggravated assault and aggravated battery.
Simple assault or battery if the victim was a minor.
Theft, robbery and related crimes under chapter 812 if the offense is a felony (see grand theft).
Drug offenses under chapter 893 only if the offense was a felony or another person involved was a minor (see drug possession).
Burglary, arson, kidnapping and false imprisonment.
Resisting arrest with violence.
Child abuse or neglect and contributing to the delinquency of a child.
Lewdness, sexual offenses and obscenity offenses.
Written or electronic threats under section 836.10.
Weapons offenses on or near school property under section 790.115.

Some common charges are not on the 435.04(2) list. A first DUI, a misdemeanor marijuana or paraphernalia charge involving only adults, and misdemeanor petit theft are examples. Domestic violence offenses defined in section 741.28 appear in a different subsection, 435.04(3). Even so, a later plea, finding of guilt, withhold or diversion on those charges falls under the 48-hour disposition rule. Your district's own policies may also require broader reporting than the state rule, so read your district's policy and your employment contract. See domestic violence charges and Florida DUI.

A second 48-hour duty in the certification statute

Section 1012.56(11), Florida Statutes, deals with background screening for certified educators. It requires each certified person to agree, under penalty of perjury, to inform his or her employer within 48 hours if convicted of any disqualifying offense while employed in a position that requires certification. This is a separate source of the same deadline.

What the Education Practices Commission can do

Under section 1012.795(1), the EPC may act against an educator certificate on many grounds. Paragraph (1)(f) covers a person who "has been convicted or found guilty of, has had adjudication withheld for, or has pled guilty or nolo contendere to a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation." Available penalties include:

Suspension of the certificate for up to 5 years.
Revocation for up to 10 years.
Permanent revocation.
Placement on the FDOE disqualification list in certain cases.
Any other penalty provided by law.

Section 1012.795(2) makes a guilty plea or a bond forfeiture prima facie proof of grounds for revocation, unless the educator proves the plea was caused by threats, coercion or fraud. That is one reason the way a criminal case is resolved needs careful thought before any plea is entered.

Section 1012.315 separately makes a person ineligible for certification or for jobs with direct student contact if the person is ineligible under a section 435.04(2) background screening, among other grounds.

How the certificate case usually moves

The school reports. Under section 1012.796(1)(d), each school district must file legally sufficient complaints with FDOE in writing within 30 days after the matter comes to its attention. Section 1012.795(5) also requires superintendents and certain school authorities to report certificate holders who have pled guilty or no contest, had adjudication withheld, or been convicted or found guilty, other than for minor traffic infractions.
FDOE investigates. The department notifies the educator and the employer when an investigation begins, unless notice would harm the investigation (s. 1012.796(1)(c)).
Probable cause. The Commissioner of Education decides whether probable cause exists. If it does, the case can proceed to the EPC.

The criminal case and the certificate case are separate. A dismissal or acquittal in court does not automatically end an FDOE inquiry, and the certificate case can look at underlying conduct.

Non-certified school employees

Rule 6A-10.081 applies to certified educators. Non-certified district employees, contractors and certain volunteers who are on school grounds when students are present, have direct contact with students, or have access to school funds must meet Level 2 screening requirements under section 1012.465. Examples include bus drivers, aides, food service and custodial staff. Section 1012.465(2) requires each of them to agree, under penalty of perjury, to inform the employer or contracting party within 48 hours if convicted of any disqualifying offense. District policies and employment terms may add broader duties, so check your district's written policy.

Sealing and expungement have limits for educators

Florida law lets a person with a sealed record lawfully deny the arrest in most settings. Section 943.059(4)(b)6 lists exceptions, including a person seeking to be employed or licensed by the Department of Education, a school district, a charter school or a private school. Sealing or expunging a record can still be worth exploring, but it does not hide the record from education employers or FDOE. See sealing and expungement.

Practical steps after an arrest

Write down the time of arrest. The 48-hour clock under rule 6A-10.081(2)(c)13.a runs from the arrest.
Identify the right recipient. The rule says the report goes to the school district authority "as determined by the superintendent." Your district's policy should name the office.
Keep the report factual. A self-report is not the place to argue the case. Talk with a lawyer about wording before you submit it.
Do not discuss the facts with investigators without advice. That includes school, district and police investigators. See police questioning before arrest.
Calendar the second deadline. A plea, withhold, finding of guilt or diversion starts a new 48-hour reporting period.

Frequently asked questions

Do I have to report an arrest if the charges are later dropped?

The arrest-reporting duty under rule 6A-10.081(2)(c)13.a applies at the time of an arrest for a listed offense, regardless of what happens later. If the offense is on the section 435.04(2) list, the 48-hour clock starts at the arrest.

Does a withhold of adjudication count?

Yes. Rule 6A-10.081(2)(c)13.b and section 1012.795(1)(f) both expressly include a withhold of adjudication.

Does entering pretrial diversion have to be reported?

Yes. Rule 6A-10.081(2)(c)13.b lists "commitment to a pretrial diversion program" and sets the 48-hour period from that commitment.

Is a DUI a "minor traffic violation"?

DUI under section 316.193 is a criminal offense, not a civil traffic infraction. A plea, withhold or finding of guilt on a DUI should be treated as reportable within 48 hours under the disposition rule.

Will reporting an arrest cost me my job or certificate?

No one can predict that. The outcome depends on the charge, the facts, your record and the decisions of your employer, FDOE and the EPC. Failing to report when required is itself a separate ground for discipline.

Talk with a Sarasota criminal defense lawyer

Call (941) 920-5514 or request a free consultation. Daniel D. Nawara defends the criminal case and can work with you on the timing and wording of required self-reports. The certificate case before FDOE and the EPC is a separate proceeding, so ask about it at the consultation. See also misdemeanor defense, felony defense and what happens after an arrest.

Updated October 1, 2026. General information only, not legal advice. Reporting rules, district policies and penalties change and depend on the facts. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.

Sources: Fla. Admin. Code R. 6A-10.081; Fla. Stat. § 1012.795, § 1012.796, § 1012.56, § 1012.315, § 1012.465, § 435.04, § 943.059.