Senate Bill sb1540

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    Florida Senate - 2002                                  SB 1540

    By Senator Villalobos





    37-847A-02

  1                      A bill to be entitled

  2         An act relating to reorganization within the

  3         Department of Education; reenacting and

  4         amending s. 20.15, F.S., which creates the

  5         Department of Education; providing for the head

  6         of the department and for its executive

  7         director; prescribing powers and duties of the

  8         State Board of Education; prescribing powers

  9         and duties of the Commissioner of Education;

10         renaming the Divisions of Public Schools and

11         Universities, creating the Division of

12         Vocational Rehabilitation, and abolishing the

13         Divisions of Workforce Development,

14         Professional Educators, Administration,

15         Financial Services, Support Services, and

16         Technology; providing for appointment of

17         division directors, councils, committees, and

18         boards; providing an effective date.

19

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

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22         Section 1.  Notwithstanding subsection (7) of section 3

23  of chapter 2000-321, Laws of Florida, section 20.15, Florida

24  Statutes, shall not stand repealed on January 7, 2003, as

25  scheduled by that act, but is reenacted and amended to read:

26         20.15  Department of Education.--There is created a

27  Department of Education.

28         (1)  STATE BOARD OF EDUCATION.--In accordance with s.

29  2, Art. IX of the State Constitution, the State Board of

30  Education is a body corporate and must supervise the system of

31  free public education as is provided by law. The State Board

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    Florida Senate - 2002                                  SB 1540
    37-847A-02




  1  of Education is the head of the Department of Education the

  2  chief policymaking body of public education in the state as

  3  specified in chapter 229. The Governor is chair of the board,

  4  and the Commissioner of Education is the secretary and

  5  executive officer and in the absence of the Governor shall

  6  serve as chair.

  7         (2)  COMMISSIONER OF EDUCATION.--The Commissioner of

  8  Education is appointed by the State Board of Education and

  9  serves as the Executive Director of the Department of

10  Education head of the Department of Education is the

11  Commissioner of Education who shall be elected by vote of the

12  qualified electors of the state pursuant to s. 5, Art. IV of

13  the State Constitution.

14         (a)  The Commissioner of Education shall appoint a

15  Deputy Commissioner for Educational Programs who has such

16  powers, duties, responsibilities, and functions as are

17  necessary to ensure the greatest possible coordination,

18  efficiency, and effectiveness of kindergarten through

19  12th-grade education and vocational and continuing education

20  programs, including workforce development.

21         (b)  The Commissioner of Education shall appoint a

22  Deputy Commissioner for Planning, Budgeting, and Management

23  who has such powers, duties, responsibilities, and functions

24  as are necessary to ensure the greatest possible coordination

25  of policies, programs, and procedures for the statewide system

26  of education and the department.

27         (c)  The Commissioner of Education shall appoint a

28  Deputy Commissioner for Technology and Administration who has

29  such powers, duties, responsibilities, and functions as are

30  necessary to ensure the greatest possible coordination and

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    Florida Senate - 2002                                  SB 1540
    37-847A-02




  1  development of technological supports for the education system

  2  and efficient administration of the department.

  3         (3)  DIVISIONS.--The following divisions of the

  4  Department of Education are established:

  5         (a)  Division of Community Colleges.

  6         (b)  Division of Public Schools and Community

  7  Education.

  8         (c)  Division of Colleges and Universities.

  9         (d)  Division of Vocational Rehabilitation Workforce

10  Development.

11         (e)  Division of Professional Educators.

12         (f)  Division of Administration.

13         (g)  Division of Financial Services.

14         (h)  Division of Support Services.

15         (i)  Division of Technology.

16         (e)(j)  Division of Blind Services.

17         (4)  DIRECTORS.--The Board of Regents is the director

18  of the Division of Universities, and the State Board of

19  Community Colleges is the director of the Division of

20  Community Colleges, pursuant to chapter 240. The directors of

21  all other divisions shall be appointed by the commissioner

22  subject to approval by the state board.

23         (5)  POWERS AND DUTIES.--The State Board of Education

24  and the Commissioner of Education:

25         (a)  shall assign to the divisions Division of Public

26  Schools and Community Education such powers, duties,

27  responsibilities, and functions as are necessary to ensure the

28  greatest possible coordination, efficiency, and effectiveness

29  of education for students in K through 20 education.

30  prekindergarten through 12th grade, for secondary school

31  vocational education, and for community education.

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    Florida Senate - 2002                                  SB 1540
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  1         (b)  Shall assign to the Division of Workforce

  2  Development such powers, duties, responsibilities, and

  3  functions as are necessary to ensure the greatest possible

  4  coordination, efficiency, and effectiveness of workforce

  5  development education.

  6         (c)  Shall assign to the State Board of Community

  7  Colleges such powers, duties, responsibilities, and functions

  8  as are necessary to ensure the coordination, efficiency, and

  9  effectiveness of community colleges, except those duties

10  specifically assigned to the Commissioner of Education in ss.

11  229.512 and 229.551, the duties concerning physical facilities

12  in chapter 235, and the duties assigned to the Division of

13  Workforce Development in chapter 239.

14         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

15  contained in law to the contrary, the commissioner of

16  Education shall appoint all members of all councils and

17  committees of the Department of Education, except the

18  Commission for Independent Education, Board of Regents, the

19  State Board of Community Colleges, the community college

20  district boards of trustees, the Postsecondary Education

21  Planning Commission, the Education Practices Commission, and

22  the Education Standards Commission, the State Board of

23  Independent Colleges and Universities, and the State Board of

24  Nonpublic Career Education.

25         (7)  BOARDS.--Notwithstanding anything contained in law

26  to the contrary, all members of the university, college, Board

27  of Regents, the State Board of Community Colleges, and the

28  community college district boards of trustees must be

29  appointed according to chapter 240.

30         Section 2.  This act shall take effect January 7, 2003.

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    Florida Senate - 2002                                  SB 1540
    37-847A-02




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  2                          SENATE SUMMARY

  3    Revives and readopts section 20.15, Florida Statutes,
      creating the Department of Education, which was scheduled
  4    for repeal on January 7, 2003. Provides that the State
      Board of Education is head of the department and that the
  5    Commissioner of Education is the department's executive
      director. Renames the Division of Public Schools and
  6    Community Education as the Division of Public Schools.
      Renames the Division of Universities as the Division of
  7    Colleges and Universities. Creates the Division of
      Vocational Rehabilitation. Abolishes the Divisions of
  8    Workforce Development, Professional Educators,
      Administration, Financial Services, Support Services, and
  9    Technology. Prescribes powers of the board to assign
      responsibilities to the respective divisions.
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