CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1288
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Kirkpatrick moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 13 and 14,
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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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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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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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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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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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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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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.
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27 (Redesignate subsequent sections.)
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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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1 On page 1, line 10, after the semicolon,
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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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