Senate Bill 2226

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    Florida Senate - 1998                                  SB 2226

    By Senator Kirkpatrick





    5-1425-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to distance learning; amending

  3         s. 186.022, F.S.; requiring the Florida

  4         Distance Learning Council to develop a

  5         strategic plan; amending and renumbering ss.

  6         364.509-364.514, F.S.; changing the Florida

  7         Distance Learning Network to the Florida

  8         Distance Learning Council; revising membership;

  9         providing for administrative and clerical

10         support; requiring the review and approval of

11         implementation plans; providing Department of

12         Education duties; creating s. 228.67, F.S.;

13         requiring a distance learning component in

14         certain agency strategic plans; requiring

15         implementation plans by entities appropriated

16         distance learning funds; amending ss. 364.507,

17         364.515, F.S.; conforming cross-references;

18         repealing s. 364.508(2), F.S., relating to the

19         Florida Distance Learning Network, to conform;

20         providing for review and repeal; providing an

21         effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsection (9) of section 186.022, Florida

26  Statutes, is amended to read:

27         186.022  State agency strategic plans; preparation,

28  form, and review.--

29         (9)  By March 1 of each year, the Geographic

30  Information Board, the Financial Management Information Board,

31  the Criminal and Juvenile Justice Information Systems Council,

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  the Florida Distance Learning Council, and the Health

  2  Information Systems Council shall each develop a strategic

  3  plan following the general statutory requirements that are

  4  applicable to agencies pursuant to s. 186.021(1), (2), and

  5  (3).  The strategic plan shall be subject to the requirements,

  6  and the review and approval processes, set forth in

  7  subsections (2) through (7), with the following exceptions:

  8         (a)  The Executive Office of the Governor, after

  9  consultation with the President of the Senate and the Speaker

10  of the House of Representatives, may prescribe a specific

11  format and content for the strategic plans of coordinating

12  boards and councils.

13         (b)  The time periods for review and return of any

14  required strategic plan revisions, incorporation of such

15  revisions by the boards or councils, and resolution of

16  disputes shall be established by the Executive Office of the

17  Governor, after consultation with the President of the Senate

18  and the Speaker of the House of Representatives.

19         Section 2.  Sections 364.509, 364.510, 364.511,

20  364.512, 364.513, and 364.514, Florida Statutes, are

21  renumbered as sections 228.61, 228.62, 228.63, 228.64, 228.65,

22  and 228.66, Florida Statutes, and amended to read:

23         228.61 364.509  The Florida Distance Learning Council

24  Network; creation; membership; organization; meetings.--

25         (1)  It is the intent of the Legislature to establish a

26  coordinated system for cost-efficient advanced

27  telecommunications services and distance education to:

28         (a)  Increase student access to education.

29         (b)  Maximize the use of advanced telecommunications

30  services and their application to provide affordable distance

31  education.

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1         (c)  Promote interagency cooperation and promote

  2  partnerships.

  3         (d)  Secure any available federal or private funds and

  4  other resources in support of advanced telecommunications

  5  services and distance education.

  6         (e)  Coordinate all advanced telecommunications

  7  services and distance education resources to maximize return

  8  on investment with the goal of creating a financially

  9  independent, self-supporting, statewide resource for advanced

10  telecommunications services and distance education.

11         (2)  The Florida Distance Learning Council Network is

12  hereby created for all the purposes created by the provisions

13  of this chapter or laws amendatory hereof.

14         (3)  The Florida Distance Learning Council Network is

15  established with the necessary powers to exercise

16  responsibility for statewide leadership in coordinating,

17  enhancing, and serving as a resource center for advanced

18  telecommunications services and distance learning in all

19  public education delivery systems.  The Florida Distance

20  Learning Council Network shall be governed by a board of

21  directors which shall consist of the following members:

22         (a)  The Commissioner of Education or the

23  commissioner's designee.

24         (b)  The Chancellor of the State University System or

25  the chancellor's designee.

26         (c)  The executive director of the State Community

27  College System or the executive director's designee.

28         (d)  The Secretary of Management Services or the

29  secretary's designee, who shall represent the interests of all

30  state agencies.

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1         (e)  The President of the Independent Colleges and

  2  universities of Florida or the President's designee.

  3         (f)  The Public Counsel or the Public Counsel's

  4  designee.

  5         (e)(g)  A member of the Senate and a representative of

  6  the International Brotherhood of Electrical Workers who shall

  7  be appointed by the President of the Senate and serve at the

  8  pleasure of the President.

  9         (f)(h)  A member of the House of Representatives and a

10  representative of the Communications Workers of America who

11  shall be appointed by the Speaker of the House of

12  Representatives and serve at the pleasure of the Speaker.

13         (i)  Four members of the private sector representing

14  the cable telecommunications industry, the local exchange

15  telecommunications industry, and the interexchange industry,

16  two of whom shall be appointed by the Florida Cable

17  Telecommunications Association and two of whom shall be

18  appointed by the Florida Telephone Association.

19         (j)  Two members from the health care community to be

20  appointed by the Governor, one member from a teaching hospital

21  and the other member from a rural hospital.

22         (g)(k)  The State Librarian or the State Librarian's

23  designee.

24         (4)(a)  The Commissioner of Education or the

25  commissioner's designee shall serve as the initial chairperson

26  of the council board of directors to serve a term of 4 years.

27  Administrative and clerical support to the council shall be

28  provided by the Department of Education. Thereafter, the board

29  of directors shall biennially elect the chairperson from its

30  membership.  The board of directors shall designate a

31  secretary-treasurer, who need not be a member of the board of

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  directors.  The secretary-treasurer shall keep a record of the

  2  proceedings of the board of directors and shall be the

  3  custodian of all books, documents, and papers filed with the

  4  board of directors, and the minutes of the board of directors.

  5         (b)  The council board of directors shall meet within

  6  30 days after July 1, 1995, and shall continue to meet at

  7  least 4 times each year, upon the call of the chairperson, or

  8  at the request of a majority of the membership.  The council

  9  board of directors shall take official action only by a simple

10  majority of its members consensus.

11         (c)  Members of the council board of directors shall

12  serve without compensation, but may be reimbursed for per diem

13  and travel expenses.

14         228.62 364.510  Duties of the Board of Directors of the

15  Florida Distance Learning Council Network.--The duties of the

16  Board of Directors of the Florida Distance Learning Council

17  Network include, but are not limited to:

18         (1)  Creating and facilitating the implementation of a

19  statewide coordinated system and resource system for

20  cost-efficient advanced telecommunications services and

21  distance education which will increase overall student access

22  to education.

23         (2)  Coordinating the use of existing resources,

24  including, but not limited to, the state's satellite

25  transponder on Telestar 4 401 (the education satellite), the

26  Sunstar Network, the SUNCOM Network, the Florida Information

27  Resource Network (FIRN), and the satellite communication

28  facilities of the Department of Management Services, the

29  Department of Corrections, and the Department of Children and

30  Family Services, Health and Rehabilitative Services' satellite

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  communication facilities to support a statewide advanced

  2  telecommunications services and distance learning network.

  3         (3)  Promoting interagency activities that will provide

  4  increased access to advanced telecommunication services and to

  5  distance education.

  6         (4)  Assisting in the coordination of the utilization

  7  of the production and uplink capabilities available through

  8  Florida's public television stations, eligible facilities,

  9  independent colleges and universities, private firms, and

10  others as may be needed.

11         (5)  Seeking the assistance and cooperation of

12  Florida's cable television providers in the implementation of

13  the statewide advanced telecommunications services and

14  distance learning network.

15         (6)  Seeking the assistance and cooperation of

16  Florida's telecommunications carriers to provide affordable

17  student access to advanced telecommunications services and to

18  distance learning.

19         (7)  Brokering and coordinating partnerships for

20  development, acquisition, use, and distribution of distance

21  learning.

22         (8)  By January 1, 1996, the board of directors shall

23  assemble appropriate resources from its own technical staff to

24  develop a needs assessment report which shall be included in

25  the plan describing the overall advanced telecommunications

26  services needs of education, libraries, and teaching and rural

27  hospitals. The needs assessment report shall take into

28  consideration any needs assessment recently conducted by any

29  state agency or eligible facility.  Such needs assessment

30  report shall also consider interoperability of different

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  technologies needed for delivery of advanced

  2  telecommunications services.

  3         (8)(9)  Developing and maintaining a plan for using

  4  technology to improve the delivery of and access to education.

  5  The plan shall be developed by March 1 of each year, 1996, and

  6  be submitted to the Governor, the President of the Senate, and

  7  the Speaker of the House of Representatives.  The plan shall

  8  describe what advanced advance telecommunication services

  9  shall be delivered, address the needs of all educational and

10  health care delivery systems, and shall include the following:

11         (a)  A component on advanced telecommunications

12  services and on distance learning in which education and

13  health care programs, reports of programs, and accountability

14  data are currently delivered to individuals located in diverse

15  settings, including, but not limited to, eligible facilities,

16  state agencies, community facilities, businesses, and homes.

17  This component must consider existing public and private

18  networks and communications systems and their potential in

19  delivering advanced telecommunications services and distance

20  learning applications.

21         (b)  A component on existing rules and statutes related

22  to the use of technology, including recommendations for

23  consolidation and any modifications necessary to provide a

24  statewide policy framework for using technology and

25  telecommunications in education and health care.

26         (c)  A statewide inventory of state-owned

27  telecommunications receiving and transmitting equipment that

28  could be used to assist with the distance learning network.

29         (9)  Reviewing and approving the implementation plans

30  prepared each year pursuant to s. 228.67.

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1         228.63 364.511  Powers of the Board of Directors of the

  2  Florida Distance Learning Council Network.--

  3         (1)  In order to enable it to carry out the purposes of

  4  ss. 228.61-228.67 364.506-364.514, the Board of Directors of

  5  the Florida Distance Learning Council Network has the power of

  6  a body corporate and shall have the power to:

  7         (a)  Secure and administer funding for programs and

  8  activities relating to of the Florida distance learning

  9  Network, from federal, state, local, and private sources and

10  from fees derived from services and materials.  The council

11  board of directors shall also have the power to solicit,

12  receive, hold, invest, and administer any grant, payment, or

13  gift of funds or property and make expenditures consistent

14  with the powers set forth in ss. 228.61-228.67

15  364.506-364.514.

16         (b)  Make and enter into contracts and other

17  instruments necessary or convenient for the exercise of its

18  powers and functions.

19         (c)  Sue and be sued, and appear and defend in all

20  actions and proceedings, in its corporate name to the same

21  extent as a natural person.

22         (d)  Adopt, use, and alter a common corporate seal.

23         (e)  Elect or appoint such officers and agents as its

24  affairs require and allow them reasonable compensation.

25         (f)  Adopt, amend, and repeal bylaws, not inconsistent

26  with ss. 228.61-228.67 364.506-364.514, for the administration

27  of the affairs of the Florida Distance Learning Council

28  Network, and the exercise of its corporate powers.

29         (g)  In formal agreement with distance learning

30  providers, acquire, enjoy, use, and dispose of patents,

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  copyrights, and trademarks and any licenses and other rights

  2  or interests thereunder or therein.

  3         (h)  Do all acts and things necessary or convenient to

  4  carry out the powers expressly granted in ss. 228.61-228.67

  5  364.506-364.514.

  6         (i)  In conjunction with distance learning providers,

  7  recommend to the Legislature policy regarding distance

  8  learning program funding and the protection of intellectual

  9  property rights.

10         (j)  Coordinate a marketing program statewide,

11  nationally, and internationally, as deemed appropriate.

12         (k)(l)  Promote the development of multimedia courses

13  and educational programs to be delivered through distance

14  learning.

15         (l)(m)  Provide incentives for development of

16  multimedia courses and programs to be delivered through

17  distance learning.

18         (2)(k)  The Department of Education Management Services

19  shall manage the state's satellite transponder resources and

20  enter into lease agreements to maximize the use of available

21  transponder time.  All net revenue realized through the

22  leasing of available transponder time, after deducting the

23  costs of performing the management function, shall be recycled

24  to support the Florida Distance Learning Council Network.

25         (3)(2)  Under no circumstances may the credit of the

26  state be pledged on behalf of the Florida Distance Learning

27  Council Network.

28         (4)(3)  Nothing in ss. 228.61-228.67 364.506-364.514

29  shall be construed to abrogate, supersede, alter, or amend the

30  powers and duties of any state agency, district school boards,

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  community college boards of trustees, the State Board of

  2  Community Colleges, or the Board of Regents.

  3         228.64 364.512  Board of Directors of the Florida

  4  Distance Learning Council Network; executive director.--The

  5  executive director of the Board of Directors of the Florida

  6  Distance Learning Council Network, who may also be designated

  7  as secretary-treasurer, shall be appointed by the Commissioner

  8  of Education.  The executive director is the chief

  9  administrative and operational officer of the council board of

10  directors and shall direct and supervise its the

11  administrative affairs of the board of directors.  The

12  executive director:

13         (1)  May contract with or employ legal and technical

14  experts and such other employees, both permanent and

15  temporary, as authorized by the council board of directors.

16         (2)  Shall attend all meetings of the council board of

17  directors.

18         (3)  Shall cause copies to be made of all minutes and

19  other records and documents of the council board of directors

20  and shall certify that such copies are true copies. All

21  persons dealing with the council board of directors may rely

22  upon such certifications.

23         (4)  Shall perform other duties as assigned by the

24  council board of directors.

25         228.65 364.513  Annual report of the Florida Distance

26  Learning Council Network; audits.--

27         (1)  By September Prior to December 1 of each year, the

28  Florida Distance Learning Council Network, shall submit to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives an annual a complete and detailed

31  report setting forth:

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1         (a)  Its operations and accomplishments during the

  2  pervious fiscal year.

  3         (b)  Its marketing and operational plan, including

  4  recommendations on methods for implementing and funding

  5  distance learning initiatives.

  6         (c)  Its assets and liabilities at the end of its most

  7  recent fiscal year.

  8         (d)  A copy of an annual financial and compliance audit

  9  of its accounts and records conducted by an independent

10  certified public accountant and performed in accordance with

11  rules adopted by the Auditor General.

12         (2)  The Auditor General may, pursuant to his or her

13  own authority or at the direction of the Joint Legislative

14  Auditing Committee, conduct an audit of the Florida Distance

15  Learning Council Network.

16         228.66 364.514  Educational Technology Grant Program.--

17         (1)  The Educational Technology Grant Program is

18  created to support the educational courses and programs.

19         (2)(a)  The Florida Distance Learning Council Network

20  shall annually award grants to school districts, area

21  technical centers, community colleges, state universities, and

22  independent institutions eligible to participate in state

23  student assistance programs established in part IV of chapter

24  240.  The council board of directors of the corporation shall

25  give priority to cooperative proposals submitted by two or

26  more institutions or delivery systems.  The proposals shall

27  include:

28         1.  Information which describes the educational

29  significance of the program or service in addressing state

30  educational priorities.

31         2.  The target population for the program.

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1         3.  The program content to be transmitted.

  2         4.  The support services to be provided.

  3         5.  Provisions to use at least 20 percent of any funds

  4  awarded for training both faculty and student learners in the

  5  use and application of the products developed.

  6         (b)  Programs and courses developed through the grant

  7  program shall be marketed statewide and nationwide with a

  8  portion of any profits from the sale or use of such programs

  9  retained by the developing institutions or systems and a

10  portion reinvested in the grant program for further program

11  development. The distribution of any revenues received shall

12  be determined by formal agreement between the council board of

13  directors and the developing institution.

14         (c)  The council board of directors shall identify

15  state educational priorities and issue a request for proposals

16  by June 1 in every year in which funds are available for

17  grants.  The council board shall include in its ensure the

18  quality of the programs and courses produced through the

19  grants and produce an annual status report a description of by

20  March 1 describing the projects funded and accounting for any

21  proceeds.

22         Section 3.  Section 228.67, Florida Statutes, is

23  created to read:

24         228.67  Distance learning components; implementation

25  plans.--A distance learning component shall be included in the

26  state agency strategic plans required by law of the

27  Commissioner of Education for the K-12 public school system,

28  of the Board of Regents for the State University System, and

29  of the State Board of Community Colleges for the State

30  Community College System. An implementation plan shall be

31  prepared by each entity appropriated distance learning funds

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1  in any given year. Such implementation plans shall be reviewed

  2  and approved by the Florida Distance Learning Council prior to

  3  the release of any funds appropriated specifically for

  4  distance learning purposes.

  5         Section 4.  Subsection (2) of section 364.507, Florida

  6  Statutes, is amended to read:

  7         364.507  Legislative intent.--

  8         (2)  It is the intent of the Legislature that all local

  9  exchange telecommunications companies, including those with

10  less than 100,000 access lines in service which do not elect

11  to be regulated under price regulation pursuant to s. 364.051,

12  should be required to provide advanced telecommunications

13  services to eligible facilities in the absence of a

14  competitive bid to provide such services pursuant to s.

15  228.62(3) 364.510(3).  This obligation arises from the

16  privileges granted such local exchange telecommunications

17  companies under part I of this chapter.

18         Section 5.  Subsection (1) of section 364.515, Florida

19  Statutes, is amended to read:

20         364.515  Infrastructure investment.--

21         (1)  Notwithstanding ss. 228.61-228.67 364.509-364.514,

22  advanced telecommunications services shall be provided to

23  eligible facilities in accordance with the provisions of this

24  section.

25         Section 6.  Subsection (2) of section 364.508, Florida

26  Statutes, is repealed.

27         Section 7.  Sections 228.61, 228.62, 228.63, 228.64,

28  228.65, 228.66, and 228.67, Florida Statutes, are repealed on

29  October 1, 2001, and must be reviewed by the Legislature prior

30  to that date.

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    Florida Senate - 1998                                  SB 2226
    5-1425-98                                               See HB




  1         Section 8.  This act shall take effect upon becoming a

  2  law.

  3

  4            *****************************************

  5                       LEGISLATIVE SUMMARY

  6
      Changes the Florida Distance Learning Network to the
  7    Florida Distance Learning Council. Revises membership and
      certain duties. Requires the council to develop a
  8    strategic plan and requires a distance learning component
      in strategic plans for public education. Requires an
  9    implementation plan for each entity appropriated distance
      learning funds.
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