Senate Bill sb1590c1

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    Florida Senate - 2002                           CS for SB 1590

    By the Committee on Education; and Senator Villalobos





    304-1882-02

  1                      A bill to be entitled

  2         An act relating to education; reenacting and

  3         amending s. 230.64, F.S.; eliminating obsolete

  4         references to "area" with respect to technical

  5         centers operated by school districts;

  6         reenacting and amending s. 241.002, Florida

  7         Statutes, changing the term "distance learning"

  8         to "distance education"; eliminating obsolete

  9         references to the State Board of Community

10         Colleges and the Board of Regents; requiring

11         certain allocations to the Division of

12         Community Colleges and the Division of Colleges

13         and Universities; reenacting and amending ss.

14         241.003, 241.004, F.S.; conforming terms to

15         changes made by the act; reenacting s. 244.01,

16         F.S.; revising provisions governing state

17         policy for regional education; reenacting s.

18         244.02, F.S.; revising provisions governing the

19         southern regional compact; repealing s. 244.03,

20         F.S., relating to distribution among certain

21         states of copies of a 1948 law; providing an

22         effective date.

23

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

25

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

27  of chapter 2000-321, Laws of Florida, section 230.64, Florida

28  Statutes, shall not stand repealed January 7, 2003, but that

29  section is reenacted and amended to read:

30         230.64  Area Technical center part of district school

31  system; minimum standards.--

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  1         (1)  AREA TECHNICAL CENTER PART OF DISTRICT SCHOOL

  2  SYSTEM DIRECTED BY A DIRECTOR.--A An area technical center

  3  established or acquired under provisions of law, is shall

  4  comprise a part of the district school system of the state

  5  which offers and shall mean an educational institution

  6  offering terminal courses of a technical and vocational

  7  nature, and courses for out-of-school youth and adults, shall

  8  be subject to the general school laws of the state insofar as

  9  such laws are applicable, shall be under the control of the

10  school board of the district in which it is located and shall

11  be directed by a director, who shall be responsible through

12  the superintendent to the school board of the district in

13  which the center is located.

14         (2)  COMMISSIONER SHALL PRESCRIBE MINIMUM

15  STANDARDS.--The commissioner shall prescribe minimum standards

16  that must be met before an area technical center is organized,

17  acquired or operated, and that will assure that the purposes

18  of the center are attained.

19         Section 2.  Notwithstanding subsection (7) of section 3

20  of chapter 2000-321, Laws of Florida, section 241.002, Florida

21  Statutes, shall not stand repealed January 7, 2003, but that

22  section is reenacted and amended to read:

23         241.002  Duties of the Department of Education.--The

24  duties of the Department of Education concerning distance

25  education learning include, but are not limited to, the duty

26  to:

27         (1)  Facilitate the implementation of a statewide

28  coordinated system and resource system for cost-efficient

29  advanced telecommunications services and distance education

30  which will increase overall student access to education.

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  1         (2)  Coordinate the use of existing resources,

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

  3  transponders on the education satellites, the SUNCOM Network,

  4  the Florida Information Resource Network (FIRN), the

  5  Department of Management Services, the Department of

  6  Corrections, and the Department of Children and Family

  7  Services' satellite communication facilities to support a

  8  statewide advanced telecommunications services and distance

  9  education learning network.

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

11  the production and uplink capabilities available through

12  Florida's public television stations, eligible facilities,

13  independent colleges and universities, private firms, and

14  others as needed.

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

16  cable television providers in the implementation of the

17  statewide advanced telecommunications services and distance

18  education learning network.

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

20  telecommunications carriers to provide affordable student

21  access to advanced telecommunications services and to distance

22  education learning.

23         (6)  Coordinate partnerships for development,

24  acquisition, use, and distribution of distance education

25  learning.

26         (7)  Secure and administer funding for programs and

27  activities for distance education learning from federal,

28  state, local, and private sources and from fees derived from

29  services and materials.

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

31  and enter into lease agreements to maximize the use of

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  1  available transponder time.  All net revenue realized through

  2  the leasing of available transponder time, after deducting the

  3  costs of performing the management function, shall be recycled

  4  to support the public education distance education learning in

  5  this state based upon an allocation formula of one-third to

  6  the Department of Education, one-third to the Division of

  7  Community Colleges State Board of Community Colleges, and

  8  one-third to the Division of Colleges and Universities State

  9  University System.

10         (9)  Hire appropriate staff which may include a

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

12  is included in the Senior Management Service in accordance

13  with s. 110.205.

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15  Nothing in ss. 241.001-241.004 shall be construed to abrogate,

16  supersede, alter, or amend the powers and duties of any state

17  agency, district school board, community college board of

18  trustees, college board of trustees, university board of

19  trustees the State Board of Community Colleges, or the State

20  Board of Education Board of Regents.

21         Section 3.  Notwithstanding subsection (7) of section 3

22  of chapter 2000-321, Laws of Florida, section 241.003, Florida

23  Statutes, shall not stand repealed January 7, 2003, but that

24  section is reenacted.

25         241.003  The Florida Distance Education Learning

26  Network Advisory Council; creation; membership; organization;

27  meetings.--

28         (1)  The Florida Distance Education Learning Network

29  Advisory Council is created in the Department of Education to

30  advise and assist the department in carrying out its duties

31  relating to distance education learning.

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

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

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

  4  various entities who have interests in distance education

  5  learning, and who are, when possible, leading members of

  6  statewide or regional organizations representing institutional

  7  consumers and providers so as to establish a broadly based and

  8  representative distance education learning advisory council.

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

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

11  public and private elementary and secondary schools; public

12  and private postsecondary institutions, including vocational

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

14  care community, including urban, rural, and teaching

15  hospitals; the cable telecommunications industry; the local

16  exchange telecommunications industry; and the interexchange

17  industry.  Two members shall be the director or director's

18  designee of the Division of Colleges and Universities and of

19  the Division of Community Colleges 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 prescribes.

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

  2  the department concerning:

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

  4  internationally, as deemed appropriate.

  5         (b)  The recipients of the Educational Technology Grant

  6  Program provided in s. 241.004.

  7         (c)  Suggested legislation concerning distance

  8  education learning.

  9         (d)  Any other issue regarding distance education

10  learning that the council deems appropriate.

11         (3)  The department shall provide administrative and

12  support services to the advisory council.

13         Section 4.  Notwithstanding subsection (7) of section 3

14  of chapter 2000-321, Laws of Florida, section 241.004, Florida

15  Statutes, shall not stand repealed January 7, 2003, but that

16  section is reenacted to read:

17         241.004  Educational Technology Grant Program.--

18         (1)  The Department of Education shall annually award

19  grants to school districts, area technical centers, community

20  colleges, state universities, and independent institutions

21  eligible to participate in state student assistance programs

22  established in part IV of chapter 240.  The department shall

23  give priority to cooperative proposals submitted by two or

24  more institutions or delivery systems.  The proposals shall

25  include:

26         (a)  Information which describes the educational

27  significance of the program or service in addressing state

28  educational priorities.

29         (b)  The target population for the program.

30         (c)  The program content to be transmitted.

31         (d)  The support services to be provided.

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  1         (e)  Provisions to use at least 20 percent of any funds

  2  awarded for training both faculty and student learners in the

  3  use and application of the products developed.

  4         (2)  Programs and courses developed through the grant

  5  program shall be marketed statewide and nationwide with a

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

  7  retained by the developing institutions or systems and a

  8  portion reinvested in the grant program for further program

  9  development. The distribution of any revenues received shall

10  be determined by formal agreement between the department and

11  the developing system or institution.

12         (3)  The department shall identify state educational

13  priorities and issue a request for proposals by June 1 in

14  every year in which funds are available for grants.  The

15  department shall ensure the quality of the programs and

16  courses produced through the grants and produce an annual

17  status report by March 1 describing the projects funded and

18  accounting for any proceeds.

19         Section 5.  Notwithstanding subsection (7) of section 3

20  of chapter 2000-321, Laws of Florida, section 244.01, Florida

21  Statutes, shall not stand repealed January 7, 2003, but that

22  section is reenacted to read:

23         244.01  Regional education; state policy.--It is hereby

24  declared to be the policy of the state to promote the

25  development and maintenance of regional education services and

26  facilities in the Southern States in the professional,

27  technological, scientific, literary and other fields so as to

28  provide greater educational advantages for the citizens of the

29  state and the citizens in the several states in said region;

30  and it is found and determined by the Legislature of the state

31  that greater educational advantages and facilities for the

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  1  citizens of the state in certain phases of the professional,

  2  technological, scientific, literary and other fields in

  3  education can best be accomplished by the development and

  4  maintenance of regional educational services and facilities,

  5  under the plan embodied in "The Regional Pact" hereinafter

  6  adopted; and this law shall be liberally construed to

  7  accomplish such purposes.

  8         Section 6.  Notwithstanding subsection (7) of section 3

  9  of chapter 2000-321, Laws of Florida, section 244.02, Florida

10  Statutes, shall not stand repealed January 7, 2003, but that

11  section is reenacted to read:

12         244.02  Regional compact.--The compact entered into by

13  the state and other Southern States by and through their

14  respective governors on February 8, 1948, as amended, relative

15  to the development and maintenance of regional education

16  services and schools in the Southern States in the

17  professional, technological, scientific, literary and other

18  fields so as to promote greater educational facilities for the

19  citizens of the several states who reside in said region, a

20  copy of said compact, as amended, being as follows:

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22                       THE REGIONAL COMPACT

23                           (as amended)

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25         WHEREAS, The States who are parties hereto have during

26  the past several years conducted careful investigation looking

27  toward the establishment and maintenance of jointly owned and

28  operated regional educational institutions in the Southern

29  States in the professional, technological, scientific,

30  literary, and other fields, so as to provide greater

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  1  educational advantages and facilities for the citizens of the

  2  several states who reside within such region; and

  3         WHEREAS, Meharry Medical College of Nashville,

  4  Tennessee, has proposed that its lands, buildings, equipment,

  5  and the net income from its endowment be turned over to the

  6  Southern States, or to an agency acting in their behalf, to be

  7  operated as a regional institution for medical, dental and

  8  nursing education upon terms and conditions to be hereafter

  9  agreed upon between the Southern States and Meharry Medical

10  College, which proposal, because of the present financial

11  condition of the institution, has been approved by the said

12  states who are parties hereto; and

13         WHEREAS, the said states desire to enter into a compact

14  with each other providing for the planning and establishment

15  of regional educational facilities;

16         NOW, THEREFORE, in consideration of the mutual

17  agreements, covenants and obligations assumed by the

18  respective states who are parties hereto (hereinafter referred

19  to as "states"), the said several states do hereby form a

20  geographical district or region consisting of the areas lying

21  within the boundaries of the contracting states which, for the

22  purposes of this compact, shall constitute an area for

23  regional education supported by public funds derived from

24  taxation by the constituent states and derived from other

25  sources for the establishment, acquisition, operation and

26  maintenance of regional educational schools and institutions

27  for the benefit of citizens of the respective states residing

28  within the region so established as may be determined from

29  time to time in accordance with the terms and provisions of

30  this compact.

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  1         The states do further hereby establish and create a

  2  joint agency which shall be known as the Board of Control for

  3  Southern Regional Education (hereinafter referred to as the

  4  "board"), the members of which board shall consist of the

  5  governor of each state, ex officio, and four additional

  6  citizens of each state to be appointed by the governor

  7  thereof, at least one of whom shall be selected from the field

  8  of education, and at least one of whom shall be a member of

  9  the legislature of that state.  The governor shall continue as

10  a member of the board during his or her tenure of office as

11  governor of the state, but the members of the board appointed

12  by the governor shall hold office for a period of four years

13  except that in the original appointments one board member so

14  appointed by the governor shall be designated at the time of

15  his or her appointment to serve an initial term of two years,

16  one board member to serve an initial term of three years, and

17  the remaining board member to serve the full term of four

18  years, but thereafter the successor of each appointed board

19  member shall serve the full term of four years.  Vacancies on

20  the board caused by death, resignation, refusal or inability

21  to serve, shall be filled by appointment by the governor for

22  the unexpired portion of the term.  The officers of the board

23  shall be a chair, a vice chair, a secretary, a treasurer, and

24  such additional officers as may be created by the board from

25  time to time.  The board shall meet annually and officers

26  shall be elected to hold office until the next annual meeting.

27  The board shall have the right to formulate and establish

28  bylaws not inconsistent with the provisions of this compact to

29  govern its own actions in the performance of the duties

30  delegated to it including the right to create and appoint an

31  executive committee and a finance committee with such powers

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  1  and authority as the board may delegate to them from time to

  2  time.  The board may, within its discretion, elect as its

  3  chair a person who is not a member of the board, provided such

  4  person resides within a signatory state, and upon such

  5  election such person shall become a member of the board with

  6  all the rights and privileges of such membership.  This

  7  paragraph as amended in 1957 shall be effective when eight or

  8  more of the states party to the compact have given legislative

  9  approval to the amendment.

10         It shall be the duty of the board to submit plans and

11  recommendations to the states from time to time for their

12  approval and adoption by appropriate legislative action for

13  the development, establishment, acquisition, operation and

14  maintenance of educational schools and institutions within the

15  geographical limits of the regional area of the states, of

16  such character and type and for such educational purposes,

17  professional, technological, scientific, literary, or

18  otherwise, as they may deem and determine to be proper,

19  necessary or advisable.  Title to all such educational

20  institutions when so established by appropriate legislative

21  actions of the states and to all properties and facilities

22  used in connection therewith shall be vested in said board as

23  the agency of and for the use and benefit of the said states

24  and the citizens thereof, and all such educational

25  institutions shall be operated, maintained and financed in the

26  manner herein set out, subject to any provisions or

27  limitations which may be contained in the legislative acts of

28  the states authorizing the creation, establishment and

29  operation of such educational institutions.

30         In addition to the power and authority heretofore

31  granted, the board shall have the power to enter into such

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  1  agreements or arrangements with any of the states and with

  2  educational institutions or agencies, as may be required in

  3  the judgment of the board, to provide adequate services and

  4  facilities for the graduate, professional, and technical

  5  education for the benefit of the citizens of the respective

  6  states residing within the region, and such additional and

  7  general power and authority as may be vested in the board from

  8  time to time by legislative enactment of the said states.

  9         Any two or more states who are parties of this compact

10  shall have the right to enter into supplemental agreements

11  providing for the establishment, financing and operation of

12  regional educational institutions for the benefit of citizens

13  residing within an area which constitutes a portion of the

14  general region herein created, such institutions to be

15  financed exclusively by such states and to be controlled

16  exclusively by the members of the board representing such

17  states provided such agreement is submitted to and approved by

18  the board prior to the establishment of such institutions.

19         Each state agrees that, when authorized by the

20  legislature, it will from time to time make available and pay

21  over to said board such funds as may be required for the

22  establishment, acquisition, operation and maintenance of such

23  regional educational institutions as may be authorized by the

24  states under the terms of this compact, the contribution of

25  each state at all times to be in the proportion that its

26  population bears to the total combined population of the

27  states who are parties hereto as shown from time to time by

28  the most recent official published report of the bureau of the

29  census of the United States of America; or upon such other

30  basis as may be agreed upon.

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  1         This compact shall not take effect or be binding upon

  2  any state unless and until it shall be approved by proper

  3  legislative action of as many as six or more of the states

  4  whose governors have subscribed hereto within a period of

  5  eighteen months from the date hereof. When and if six or more

  6  states shall have given legislative approval to this compact

  7  within said eighteen months period, it shall be and become

  8  binding upon such six or more states sixty days after the date

  9  of legislative approval by the sixth state and the governors

10  of such six or more states shall forthwith name the members of

11  the board from their states as hereinabove set out, and the

12  board shall then meet on call of the governor of any state

13  approving this compact, at which time the board shall elect

14  officers, adopt bylaws, appoint committees and otherwise fully

15  organize.  Other states whose names are subscribed hereto

16  shall thereafter become parties hereto upon approval of this

17  compact by legislative action within two years from the date

18  hereof, upon such conditions as may be agreed upon at the

19  time.  Provided, however, that with respect to any state whose

20  constitution may require amendment in order to permit

21  legislative approval of the compact, such state or states

22  shall become parties hereto upon approval of this compact by

23  legislative action within seven years from the date hereof,

24  upon such conditions as may be agreed upon at the time.

25         After becoming effective this compact shall thereafter

26  continue without limitation of time; provided, however, that

27  it may be terminated at any time by unanimous action of the

28  states and provided further that any state may withdraw from

29  this compact if such withdrawal is approved by its

30  legislature, such withdrawal to become effective two years

31  after written notice thereof to the board accompanied by a

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  1  certified copy of the requisite legislative action, but such

  2  withdrawal shall not relieve the withdrawing state from its

  3  obligations hereunder accruing up to the effective date of

  4  such withdrawal. Any state so withdrawing shall ipso facto

  5  cease to have any claim to or ownership of any of the property

  6  held or vested in the board or to any of the funds of the

  7  board held under the terms of this compact.

  8         If any state shall at any time become in default in the

  9  performance of any of its obligations assumed herein or with

10  respect to any obligation imposed upon said state as

11  authorized by and in compliance with the terms and provisions

12  of this compact, all rights, privileges and benefits of such

13  defaulting state, its members on the board and its citizens

14  shall ipso facto be and become suspended from and after the

15  date of such default.  Unless such default shall be remedied

16  and made good within a period of one year immediately

17  following the date of such default this compact may be

18  terminated with respect to such defaulting state by an

19  affirmative vote of three-fourths of the members of the board

20  (exclusive of the members representing the state in default),

21  from and after which time such state shall cease to be a party

22  to this compact and shall have no further claim to or

23  ownership of any of the property held by or vested in the

24  board or to any of the funds of the board held under the terms

25  of this compact, but such termination shall in no manner

26  release such defaulting state from any accrued obligation or

27  otherwise affect this compact or the rights, duties,

28  privileges or obligations of the remaining states thereunder.

29         IN WITNESS WHEREOF this compact has been approved and

30  signed by governors of the several states, subject to the

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  1  approval of their respective legislatures in the manner

  2  hereinabove set out, as of the 8th day of February, 1948.

  3         STATE OF FLORIDA BY Millard F. Caldwell, Governor.

  4  STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor.  STATE

  5  OF GEORGIA BY M. E.  Thompson, Governor.  STATE OF LOUISIANA

  6  BY J. H. Davis, Governor.  STATE OF ALABAMA BY James E.

  7  Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,

  8  Governor. STATE OF TENNESSEE BY Jim McCord, Governor.  STATE

  9  OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA

10  BY Wm. M. Tuck, Governor.  STATE OF NORTH CAROLINA BY R. Gregg

11  Cherry, Governor. STATE OF SOUTH CAROLINA BY J.  Strom

12  Thurmond, Governor.  STATE OF TEXAS BY Beauford H. Jester,

13  Governor.  STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE

14  OF WEST VIRGINIA BY Clarence W. Meadows, Governor.

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16  be and the same is hereby approved and the State of Florida is

17  hereby declared to be a party to said compact and the

18  agreements, covenants and obligations contained therein are

19  hereby declared to be binding upon the State of Florida.

20         Section 7.  Section 244.03, Florida Statutes, is

21  repealed.

22         Section 8.  This act shall take effect January 7, 2003.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1590

  3

  4  The bill reenacts certain statutes with technical amendments
    changing the names to conform with education governance
  5  reorganization enacted in 1998, 2000, and 2001. The names
    changed are:
  6
    Area Technical Center to Technical Center
  7
    Distance learning to distance education
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    Board of Regents to Division of Colleges and Universities
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         Chancellor to Director
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    State Board of Community Colleges to Division of Community
11       Colleges

12       Executive Director to Director

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