CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 3, between lines 13 and 14,

15

16  insert:

17         (d)  The State Board of Community Colleges shall report

18  on the implementation of this subsection, by December 31,

19  1999, and annually thereafter, to the President of the Senate

20  and the Speaker of the House of Representatives.

21         Section 2.  Section 364.508, Florida Statutes, is

22  transferred, renumbered as section 241.001, and amended to

23  read:

24         241.001 364.508  Definitions.--As used in this part:

25         (1)  "Commission" means the Public Service Commission.

26         (2)  "Network" means the Florida Distance Learning

27  Network.

28         (2)(3)  "Telecommunications company" means any entity

29  certified under this chapter to provide telecommunications

30  service.

31         (3)(4)  "Cable company" means a cable television

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1  company providing cable service as defined in 47 U.S.C. s.

 2  522.

 3         (4)(5)  "Advanced telecommunications services" are

 4  defined as network-based or wireless services that provide

 5  additional communications capabilities enabling the use of

 6  applications such as distance learning, video conferencing,

 7  data communications, and access to Internet.

 8         (6)  "Plan" means the Education Facilities

 9  Infrastructure Improvement Plan, a document that includes a

10  needs assessment report and identifies telecommunications

11  companies', cable companies', and other providers' present and

12  projected deployment of technologies necessary for delivery of

13  advanced telecommunications services to eligible facilities

14  who request such services.

15         (5)(7)  "Eligible facilities" means all approved

16  campuses and instructional centers of all public universities,

17  public community colleges, area technical centers, public

18  elementary schools, middle schools, and high schools,

19  including school administrative offices, public libraries,

20  teaching hospitals, the research institute described in s.

21  240.512, and rural public hospitals as defined in s. 395.602.

22  If no rural public hospital exists in a community, the public

23  health clinic which is responsible for individuals before they

24  can be transferred to a regional hospital shall be considered

25  eligible.

26         Section 3.  Section 364.509, Florida Statutes, is

27  transferred, renumbered as section 241.002, and amended to

28  read:

29         (Substantial rewording of section.  See

30         s. 364.509, F.S., for present text.)

31         241.002  Duties of the Department of Education.--The

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1  duties of the Department of Education concerning distance

 2  learning include, but are not limited to:

 3         (1)  Facilitate the implementation of a statewide

 4  coordinated system and resource system for cost-efficient

 5  advanced telecommunications services and distance education

 6  which will increase overall student access to education.

 7         (2)  Coordinate the use of existing resources,

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

 9  transponders on the education satellites, the SUNCOM Network,

10  the Florida Information Resource Network (FIRN), the

11  Department of Management Services, the Department of

12  Corrections, and the Department of Children and Family

13  Services' satellite communication facilities to support a

14  statewide advanced telecommunications services and distance

15  learning network.

16         (3)  Assist in the coordination of the utilization of

17  the production and uplink capabilities available through

18  Florida's public television stations, eligible facilities,

19  independent colleges and universities, private firms, and

20  others as may be needed.

21         (4)  Seek the assistance and cooperation of Florida's

22  cable television providers in the implementation of the

23  statewide advanced telecommunications services and distance

24  learning network.

25         (5)  Seek the assistance and cooperation of Florida's

26  telecommunications carriers to provide affordable student

27  access to advanced telecommunications services and to distance

28  learning.

29         (6)  Coordinate partnerships for development,

30  acquisition, use, and distribution of distance learning.

31         (7)  Secure and administer funding for programs and

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1  activities for distance learning from federal, state, local,

 2  and private sources and from fees derived from services and

 3  materials.

 4         (8)  Manage the state's satellite transponder resources

 5  and enter into lease agreements to maximize the use of

 6  available transponder time.  All net revenue realized through

 7  the leasing of available transponder time, after deducting the

 8  costs of performing the management function, shall be recycled

 9  to support the public education distance learning in this

10  state, based upon an allocation formula of one-third to the

11  Department of Education, one-third to the State Board of

12  Community Colleges, and one-third to the State University

13  System.

14         (9)  Hire appropriate staff which may include a

15  position that shall be exempt from part II of chapter 110 and

16  is included in the Senior Management Service in accordance

17  with s. 110.205.

18         (10)  Nothing in ss. 241.001-241.004 shall be construed

19  to abrogate, supersede, alter, or amend the powers and duties

20  of any state agency, district school board, community college

21  board of trustees, the State Board of Community Colleges, or

22  the Board of Regents.

23         Section 4.  Section 364.510, Florida Statutes, is

24  transferred, renumbered as section 241.003, and amended to

25  read:

26         (Substantial rewording of section.  See

27         s. 364.510, F.S., for present text.)

28         241.003  The Florida Distance Learning Network Advisory

29  Council; creation; membership; organization; meetings.--

30         (1)  The Florida Distance Learning Network Advisory

31  Council is created in the Department of Education to advise

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1  and assist the department in carrying out its duties relating

 2  to distance learning.

 3         (a)  Composition.--The advisory council, to be

 4  appointed by and serve at the pleasure of the Commissioner of

 5  Education, shall not exceed 13 members, selected from the

 6  various entities who have interests in distance learning, and

 7  who are, when possible, leading members of statewide or

 8  regional organizations representing institutional consumers

 9  and providers so as to establish a broadly based and

10  representative distance learning advisory council.

11         (b)  Representation.--The organizations represented on

12  the advisory council may include, but are not limited to,

13  public and private elementary and secondary schools; public

14  and private postsecondary institutions, including vocational

15  and technical centers; state agencies; libraries; the health

16  care community, including urban, rural, and teaching

17  hospitals; the cable telecommunications industry; the local

18  exchange telecommunications industry; and the interexchange

19  industry.  Two members shall be the Chancellor of the State

20  University System or the chancellor's designee and the

21  Executive Director of the Florida Community College System or

22  the executive director's designee. One member may be a lay

23  citizen.

24         (c)  Organization, procedure, and compensation.--

25         1.  The advisory council shall meet at least annually.

26         2.  The advisory council shall elect a chair, a vice

27  chair, and a secretary from its membership for 1-year terms.

28  Officers may be reelected.

29         3.  The advisory council shall meet at the call of its

30  chair, at the request of the majority of its membership, the

31  commissioner, or at such times as its membership may

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1  prescribe.

 2         (2)  The advisory council may study and recommend to

 3  the department on:

 4         (a)  A marketing program statewide, nationally, and

 5  internationally, as deemed appropriate.

 6         (b)  The recipients of the Educational Technology Grant

 7  Program provided in s. 241.004.

 8         (c)  Suggested legislation concerning distance

 9  learning.

10         (d)  Any other issue regarding distance learning that

11  the council deems appropriate.

12         (3)  The department shall provide administrative and

13  support services to the advisory council.

14         Section 5.  Section 364.514, Florida Statutes, is

15  transferred, renumbered as 241.004, and amended to read:

16         241.004 364.514  Educational Technology Grant

17  Program.--

18         (1)  The Educational Technology Grant Program is

19  created to support the development of and provide incentives

20  for technologically delivered educational courses and

21  programs.

22         (2)(a)  The Department of Education Florida Distance

23  Learning Network shall annually award grants to school

24  districts, area technical centers, community colleges, state

25  universities, and independent institutions eligible to

26  participate in state student assistance programs established

27  in part IV of chapter 240. The department board of directors

28  of the corporation shall give priority to cooperative

29  proposals submitted by two or more institutions or delivery

30  systems.  The proposals shall include:

31         1.  Information which describes the educational

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1  significance of the program or service in addressing state

 2  educational priorities.

 3         2.  The target population for the program.

 4         3.  The program content to be transmitted.

 5         4.  The support services to be provided.

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

 7  awarded for training both faculty and student learners in the

 8  use and application of the products developed.

 9         (b)  Programs and courses developed through the grant

10  program shall be marketed statewide and nationwide with a

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

12  retained by the developing institutions or systems and a

13  portion reinvested in the grant program for further program

14  development. The distribution of any revenues received shall

15  be determined by formal agreement between the department board

16  of directors and the developing system or institution.

17         (c)  The department board of directors shall identify

18  state educational priorities and issue a request for proposals

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

20  grants. The department board shall ensure the quality of the

21  programs and courses produced through the grants and produce

22  an annual status report by March 1 describing the projects

23  funded and accounting for any proceeds.

24         Section 6.  Sections 364.511, 364.512, and 364.513,

25  Florida Statutes, are repealed.

26

27  (Redesignate subsequent sections.)

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                  SENATE AMENDMENT

    Bill No. SB 1288

    Amendment No.    





 1         On page 1, line 10, after the semicolon,

 2

 3  insert:

 4         amending s. 364.508, F.S.; deleting certain

 5         definitions; amending s. 364.509, F.S.;

 6         specifying duties of the Department of

 7         Education relating to distance learning;

 8         amending s. 364.510, F.S.; creating the Florida

 9         Distance Learning Network Advisory Council in

10         the Department of Education; providing for

11         membership; specifying representation;

12         providing for organization, procedures, and

13         compensation of the council; providing

14         responsibilities of the council; requiring the

15         department to provide administrative and

16         support services for the council; amending s.

17         364.514, F.S., to conform; repealing 364.511,

18         F.S., relating to the powers of the board of

19         directors of the Florida Distance Learning

20         Network; repealing s. 364.512, F.S., relating

21         to the executive director of the network;

22         repealing s. 364.513, F.S., relating to the

23         annual report and audits of the network;

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