Senate Bill sb1590c1
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Florida Senate - 2002 CS for SB 1590
By the Committee on Education; and Senator Villalobos
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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.
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24 Be It Enacted by the Legislature of the State of Florida:
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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28 Statutes, shall not stand repealed January 7, 2003, but that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
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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:
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Area Technical Center to Technical Center
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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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