House Bill 2063c1
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Florida House of Representatives - 2000 CS/HB 2063
By the Committee on Education Innovation and
Representatives Melvin and Lynn
1 A bill to be entitled
2 An act relating to the Florida On-Line High
3 School; creating s. 228.082, F.S.; establishing
4 the Florida On-Line High School; establishing a
5 board of trustees; providing for membership,
6 powers, duties, and organization of the board
7 of trustees; requiring the board of trustees to
8 annually prepare and submit a legislative
9 budget request; establishing provisions for the
10 employment of personnel of the board of
11 trustees and the Florida On-Line High School;
12 authorizing the establishment of a personnel
13 loan or exchange program; requiring the board
14 of trustees to establish priorities for student
15 admissions; requiring the distribution of
16 information relating to student enrollment
17 procedures; requiring the submission of
18 forecasted and actual student enrollments;
19 providing requirements for the content and
20 custody of student and employee records;
21 providing requirements for maintenance of
22 financial records and accounts; providing
23 funding requirements; designating the Orange
24 County District School Board as the temporary
25 fiscal agent of the Florida On-Line High
26 School; prohibiting the credit of the state
27 from being pledged on behalf of the Florida
28 On-Line High School; requiring the board of
29 trustees to submit a report; providing an
30 effective date.
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Florida House of Representatives - 2000 CS/HB 2063
603-154A-00
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Section 228.082, Florida Statutes, is
4 created to read:
5 228.082 The Florida On-Line High School.--
6 (1) The Florida On-Line High School is established for
7 the development and delivery of on-line and distance learning
8 education.
9 (2) The Florida On-Line High School shall be governed
10 by a board of trustees comprised of seven members appointed by
11 the Governor to 4-year staggered terms, one of whom shall be
12 the current chair of the Florida High School Advisory Board
13 and one of whom shall be the current Orange County Public
14 School District representative on the Florida High School
15 Advisory Board. The board shall be a public agency entitled to
16 sovereign immunity pursuant to s. 768.28, and board members
17 shall be public officers who shall bear fiduciary
18 responsibility for the Florida On-Line High School. The board
19 of trustees shall have the following powers and duties:
20 (a) The board of trustees shall meet within 30 days
21 after July 1, 2000, and shall continue to meet at least 4
22 times each year, upon the call of the chair, or at the request
23 of a majority of the membership.
24 (b) Until not more than 60 days after the initial
25 meeting of the board, the current governance structure of the
26 Florida On-Line High School shall be maintained.
27 (c) The fiscal year for the Florida On-Line High
28 School shall be the state fiscal year as provided in s.
29 216.011(1)(n).
30 (d) The board of trustees shall enter into agreements
31 with distance learning providers and may acquire, enjoy, use,
2
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Florida House of Representatives - 2000 CS/HB 2063
603-154A-00
1 and dispose of patents, copyrights, and trademarks and any
2 licenses and other rights or interests thereunder or therein.
3 Ownership of all such patents, copyrights, trademarks,
4 licenses, and rights or interests thereunder or therein shall
5 vest in the state, with the board having full right of use and
6 full right to retain the revenues derived therefrom. Any funds
7 realized from patents, copyrights, trademarks, or licenses
8 shall be used to support the school's research and development
9 activities in order to improve courseware and services to its
10 students.
11 (e) The board of trustees shall annually prepare and
12 submit a legislative budget request, including funding
13 requests for computers for public school students who do not
14 have access to public school computers, in accordance with
15 chapter 216 and s. 235.41. The legislative budget request of
16 the Florida On-Line High School shall be prepared using the
17 same format, procedures, and timelines required for the
18 submission of the legislative budget of the Department of
19 Education.
20 (f) The board of trustees shall administer and
21 maintain personnel programs for all employees of the board of
22 trustees and the Florida On-Line High School. The board of
23 trustees may adopt rules, policies, and procedures related to
24 the appointment, employment, and removal of personnel.
25 1. The board of trustees shall determine the
26 compensation, including salaries and fringe benefits, and
27 other conditions of employment for such personnel.
28 2. The board of trustees may establish and maintain a
29 personnel loan or exchange program by which persons employed
30 by the board for the Florida On-Line High School as academic
31 administrative and instructional staff may be loaned to, or
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Florida House of Representatives - 2000 CS/HB 2063
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1 exchanged with persons employed in like capacities by, public
2 agencies either within or without this state, or by private
3 industry. With respect to public agency employees, the program
4 authorized by this subparagraph shall be consistent with the
5 requirements of part II of chapter 112. The salary and
6 benefits of board personnel participating in the loan or
7 exchange program shall be continued during the period of time
8 they participate in a loan or exchange program, and such
9 personnel shall be deemed to have no break in creditable or
10 continuous service or employment during such time. The salary
11 and benefits of persons participating in the personnel loan or
12 exchange program who are employed by public agencies or
13 private industry shall be paid by the originating employers of
14 those participants and such personnel shall be deemed to have
15 no break in creditable or continuous service or employment
16 during such time.
17 3. The employment of all Florida On-Line High School
18 academic administrative and instructional personnel shall be
19 subject to rejection for cause by the board of trustees, and
20 shall be subject to policies of the board of trustees relative
21 to certification, tenure, leaves of absence, sabbaticals,
22 remuneration, and such other conditions of employment as the
23 board deems necessary and proper, not inconsistent with law.
24 4. Each person employed by the board of trustees in an
25 academic administrative or instructional capacity with the
26 Florida On-Line High School shall be entitled to a contract as
27 provided by rules of the board.
28 5. All employees except temporary, seasonal, and
29 student employees may be state employees for the purpose of
30 being eligible to participate in the Florida Retirement System
31 and receive benefits. The classification and pay plan,
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1 including terminal leave and other benefits, and any
2 amendments thereto, shall be subject to review and approval by
3 the Department of Management Services and the Executive Office
4 of the Governor prior to adoption. In the event that the board
5 of trustees assumes responsibility for governance pursuant to
6 this section before approval is obtained, employees shall be
7 compensated pursuant to the system in effect for the employees
8 of the fiscal agent.
9 (g) The board of trustees shall establish priorities
10 for admission of students in accordance with the General
11 Appropriations Act.
12 (h) The board of trustees shall establish and
13 distribute to all school districts and high schools in the
14 state procedures for enrollment of students into courses
15 offered by the Florida On-Line High School. Such procedures
16 shall be designed to minimize paperwork and maximize
17 participation by students.
18 (i) The board of trustees shall annually submit to the
19 Department of Education both forecasted and actual enrollments
20 for the Florida On-Line High School, according to procedures
21 established by the Department of Education. At a minimum, such
22 procedures must include the number of public, private, and
23 home school students served by district.
24 (j) The board of trustees shall provide for the
25 content and custody of student and employee personnel records.
26 Student records shall be subject to the provisions of s.
27 228.093. Employee records shall be subject to the provisions
28 of s. 231.291.
29 (k) The financial records and accounts of the Florida
30 On-Line High School shall be maintained under the direction of
31 the board of trustees and under regulations prescribed by the
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1 State Board of Education for the uniform system of financial
2 records and accounts for the schools of the state.
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4 The Governor shall designate the initial chair of the board of
5 trustees to serve a term of 4 years. Members of the board of
6 trustees shall serve without compensation, but may be
7 reimbursed for per diem and travel expenses pursuant to s.
8 112.061. The board of trustees shall be a body corporate with
9 all the powers of a body corporate and such authority as is
10 needed for the proper operation and improvement of the Florida
11 On-Line High School. The board of trustees is specifically
12 authorized to adopt rules, policies, and procedures,
13 consistent with law related to governance, personnel, budget
14 and finance, administration, programs, curriculum and
15 instruction, travel and purchasing, technology, students,
16 contracts and grants, and property as necessary for optimal,
17 efficient operation of the Florida On-Line High School.
18 Tangible personal property owned by the board of trustees
19 shall be subject to the provisions of chapter 273.
20 (3) The Commissioner of Education shall include the
21 Florida On-Line High School as a grant-in-aid appropriation in
22 the department's legislative budget request to the State Board
23 of Education, the Governor, and the Legislature.
24 (a) Subject to any guidelines imposed in the General
25 Appropriations Act, funds for the operation of the Florida
26 On-Line High School shall be requested and appropriated within
27 the Department of Education as a grant-in-aid category until
28 such time as the Legislature authorizes a different funding
29 mechanism.
30 (b) The Orange County District School Board shall be
31 the temporary fiscal agent of the Florida On-Line High School.
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Florida House of Representatives - 2000 CS/HB 2063
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1 (c) Priorities for the delivery of services by the
2 Florida On-Line High School shall be identified by the
3 Legislature in the General Appropriations Act and shall ensure
4 that priority access is provided equitably across the state.
5 (4) Under no circumstance may the credit of the state
6 be pledged on behalf of the Florida On-Line High School.
7 (5) By January 1, 2001, the board of trustees shall
8 submit to the Governor, the Legislature, and the Education
9 Reorganization Transition Commission a complete and detailed
10 report setting forth:
11 (a) The operations and accomplishments of the Florida
12 On-Line High School.
13 (b) The marketing and operational plan for the Florida
14 On-Line High School, including recommendations regarding
15 methods for improving the delivery of education through the
16 Internet and other distance learning technology.
17 (c) The assets and liabilities of the Florida On-Line
18 High School at the end of the fiscal year.
19 (d) A copy of an annual financial and compliance audit
20 of the accounts and records of the Florida On-Line High
21 School, conducted by an independent certified public
22 accountant and performed in accordance with rules adopted by
23 the Auditor General.
24 (e) Recommendations regarding the unit cost of
25 providing services to students. In order to most effectively
26 develop public policy regarding any future funding of the
27 Florida On-Line High School, it is imperative that the cost of
28 the program is accurately identified. The identified cost of
29 the program must be based on reliable data and reflect the
30 costs associated with maintaining a state-of-the-art on-line
31 high school, including the costs associated with maintaining a
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Florida House of Representatives - 2000 CS/HB 2063
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1 high-quality research and development effort to locate and
2 assimilate, or develop, Internet-based courses.
3 (f) Recommendations regarding an accountability
4 mechanism to assess the effectiveness of the services provided
5 by the Florida On-Line High School.
6 (6) The Auditor General may, pursuant to his or her
7 own authority, or at the direction of the Joint Legislative
8 Auditing Committee, conduct an audit of the Florida On-Line
9 High School.
10 (7) The State Board of Education may adopt rules it
11 deems necessary to implement reporting requirements for the
12 Florida On-Line High School.
13 Section 2. This act shall take effect upon becoming a
14 law.
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