1 | A bill to be entitled |
2 | An act relating to the Office of Public Inspector; |
3 | creating s. 1001.15, F.S.; creating the Office of Public |
4 | Inspector in the Office of the Commissioner of Education; |
5 | providing duties to track and report incidents of fraud, |
6 | waste, and abuse and occurrences of specified crimes by |
7 | teachers or other school district employees; providing for |
8 | availability of weekly reports; providing definitions; |
9 | requiring collaboration to identify certain incidents; |
10 | providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 1001.15, Florida Statutes, is created |
15 | to read: |
16 | 1001.15 Office of Public Inspector.-- |
17 | (1) It is the intent of the Legislature to create an |
18 | office within the Office of the Commissioner of Education to |
19 | track incidents of fraud, waste, and abuse that occur each year |
20 | in Florida public schools, to track the occurrence of selected |
21 | crimes committed by teachers, and to make that information |
22 | available to the public in a simple and easy to understand |
23 | format. |
24 | (2) There is created the Office of Public Inspector in the |
25 | Office of the Commissioner of Education. The Public Inspector |
26 | shall gather and report information on the following incidents |
27 | as defined in this section: reported teacher abuse, molestation, |
28 | and sex offenses; reported fraud in school construction and |
29 | overpayments for school contracts; reported cases of teachers or |
30 | noninstructional school district employees charged with driving |
31 | under the influence of alcohol or controlled substances, theft, |
32 | robbery, or FCAT cheating; and reported district school board, |
33 | district school superintendent, or administrative personnel |
34 | impropriety. The report must be in a simple and easy to |
35 | understand format to be developed by the Public Inspector and |
36 | shall be for informational tracking purposes only. The report, |
37 | which must be updated on a weekly basis, must list incidents by |
38 | county and be made readily available to the public through an |
39 | Internet website maintained by the Department of Education. The |
40 | report must also be available to the public in printed form upon |
41 | written request to the Office of Public Inspector. The Public |
42 | Inspector shall work cooperatively with, but independently of, |
43 | the Inspector General and shall not duplicate or carry out the |
44 | responsibilities of the Inspector General as set forth in s. |
45 | 1001.20(4)(e). |
46 | (3) For purposes of gathering, tracking, and reporting the |
47 | incidents described in subsection (2), the following definitions |
48 | apply: |
49 | (a) "Charged" means formally charged by information or |
50 | indictment filed by a state attorney regardless of the final |
51 | disposition. |
52 | (b) "Driving under the influence of alcohol or controlled |
53 | substances" means an offense under s. 316.193 or similar law of |
54 | another state or territory of the United States. |
55 | (c) "Molestation" means an offense under s. 800.04 or |
56 | similar law of another state or territory of the United States. |
57 | (d) "Reported" means any sworn complaint filed with any |
58 | law enforcement agency, state attorney, public or private |
59 | school, district school board, or the Inspector General, |
60 | including any incident reported to law enforcement resulting in |
61 | arrest. |
62 | (e) "Robbery" means any robbery under s. 812.13, robbery |
63 | by sudden snatching under s. 812.131, carjacking under s. |
64 | 812.133, or home-invasion robbery under s. 812.135, or any |
65 | similar law of another state or territory of the United States. |
66 | (f) "Sex offense" means any violation of s. 794.011, s. |
67 | 794.05, s. 800.02, s. 800.03, or s. 827.071 or any felony |
68 | violation of chapter 847, or any similar law of another state or |
69 | territory of the United States. |
70 | (g) "Teacher abuse" means any violation under s. 827.03 or |
71 | s. 827.04, or any similar law of another state or territory of |
72 | the United States, committed by a teacher. |
73 | (h) "Theft" means any offense described as a theft under |
74 | chapter 812. |
75 | (4) In addition to the incidents defined in subsection |
76 | (3), the Public Inspector shall collaborate with the Inspector |
77 | General, district school boards, and other interested parties to |
78 | identify incidents of reported district school board, district |
79 | school superintendent, or administrative personnel impropriety; |
80 | fraud in school construction; overpayments for school contracts; |
81 | and FCAT cheating, for the purpose of inclusion of data |
82 | regarding such incidents in the Public Inspector's weekly |
83 | report. |
84 | (5) The first weekly report required under this section |
85 | shall be due for publication by January 31, 2008. |
86 | Section 2. This act shall take effect July 1, 2007. |