HB 795

1
A bill to be entitled
2An act relating to the Office of Public Inspector;
3creating s. 1001.15, F.S.; creating the Office of Public
4Inspector in the Office of the Commissioner of Education;
5providing duties to track and report incidents of fraud,
6waste, and abuse and occurrences of specified crimes by
7teachers or other school district employees; providing for
8availability of weekly reports; providing definitions;
9requiring collaboration to identify certain incidents;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 1001.15, Florida Statutes, is created
15to read:
16     1001.15  Office of Public Inspector.--
17     (1)  It is the intent of the Legislature to create an
18office within the Office of the Commissioner of Education to
19track incidents of fraud, waste, and abuse that occur each year
20in Florida public schools, to track the occurrence of selected
21crimes committed by teachers, and to make that information
22available to the public in a simple and easy to understand
23format.
24     (2)  There is created the Office of Public Inspector in the
25Office of the Commissioner of Education. The Public Inspector
26shall gather and report information on the following incidents
27as defined in this section: reported teacher abuse, molestation,
28and sex offenses; reported fraud in school construction and
29overpayments for school contracts; reported cases of teachers or
30noninstructional school district employees charged with driving
31under the influence of alcohol or controlled substances, theft,
32robbery, or FCAT cheating; and reported district school board,
33district school superintendent, or administrative personnel
34impropriety. The report must be in a simple and easy to
35understand format to be developed by the Public Inspector and
36shall be for informational tracking purposes only. The report,
37which must be updated on a weekly basis, must list incidents by
38county and be made readily available to the public through an
39Internet website maintained by the Department of Education. The
40report must also be available to the public in printed form upon
41written request to the Office of Public Inspector. The Public
42Inspector shall work cooperatively with, but independently of,
43the Inspector General and shall not duplicate or carry out the
44responsibilities of the Inspector General as set forth in s.
451001.20(4)(e).
46     (3)  For purposes of gathering, tracking, and reporting the
47incidents described in subsection (2), the following definitions
48apply:
49     (a)  "Charged" means formally charged by information or
50indictment filed by a state attorney regardless of the final
51disposition.
52     (b)  "Driving under the influence of alcohol or controlled
53substances" means an offense under s. 316.193 or similar law of
54another state or territory of the United States.
55     (c)  "Molestation" means an offense under s. 800.04 or
56similar law of another state or territory of the United States.
57     (d)  "Reported" means any sworn complaint filed with any
58law enforcement agency, state attorney, public or private
59school, district school board, or the Inspector General,
60including any incident reported to law enforcement resulting in
61arrest.
62     (e)  "Robbery" means any robbery under s. 812.13, robbery
63by sudden snatching under s. 812.131, carjacking under s.
64812.133, or home-invasion robbery under s. 812.135, or any
65similar law of another state or territory of the United States.
66     (f)  "Sex offense" means any violation of s. 794.011, s.
67794.05, s. 800.02, s. 800.03, or s. 827.071 or any felony
68violation of chapter 847, or any similar law of another state or
69territory of the United States.
70     (g)  "Teacher abuse" means any violation under s. 827.03 or
71s. 827.04, or any similar law of another state or territory of
72the United States, committed by a teacher.
73     (h)  "Theft" means any offense described as a theft under
74chapter 812.
75     (4)  In addition to the incidents defined in subsection
76(3), the Public Inspector shall collaborate with the Inspector
77General, district school boards, and other interested parties to
78identify incidents of reported district school board, district
79school superintendent, or administrative personnel impropriety;
80fraud in school construction; overpayments for school contracts;
81and FCAT cheating, for the purpose of inclusion of data
82regarding such incidents in the Public Inspector's weekly
83report.
84     (5)  The first weekly report required under this section
85shall be due for publication by January 31, 2008.
86     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.