The Florida Senate

985.402  Alternative Education Institute.--

(1)  Effective upon this act becoming a law, there is established within the Department of Education the Alternative Education Institute which may immediately contract with a private provider for alternative education programs in residential school facilities. The programs shall be funded with PECO funds and shall serve juvenile offenders who have been prosecuted as adults or who have been committed to a high-risk residential program or a maximum-risk residential program of the Department of Juvenile Justice. The institute shall be a not-for-profit corporation acting as an instrumentality of the state and may receive, hold, invest, and administer property and any moneys or donated lands or facilities received from private, state, and federal sources, as well as technical and professional income generated or derived from practice activities of the institute, for the benefit of the institute and the fulfillment of its mission. The affairs of the corporation shall be managed by a board of directors who shall serve without compensation.

(2)  The institute shall be a 13-member board, with 7 members appointed by the Governor, 3 members appointed by the President of the Senate, and 3 members appointed by the Speaker of the House of Representatives. All members must be appointed no later than June 1, 1994. The board shall select a chair from among its members.

(3)  Each member shall have only one vote, shall be appointed to a term of 3 years, and may be reappointed to the board.

(4)  In order to carry out the mission established in subsection (1), the institute is responsible for:

(a)  Developing the education facilities fixed capital outlay and operational plans.

(b)  Assuring compliance on all siting and contracting issues relating to the construction and operation of education programs.

(c)  Preparing an annual postaudit of the not-for-profit corporation's financial accounts and the financial accounts of any of its for-profit or not-for-profit subsidiaries, to be conducted by an independent certified public accountant. The annual audit report must include management letters and shall be submitted to the Auditor General for review. The board and the Auditor General may require and receive from the not-for-profit corporation and any subsidiaries, or from their independent auditor, any detail or supplemental data relative to the operation of the not-for-profit corporation or its subsidiary.

(d)  Providing by the not-for-profit corporation and its for-profit or not-for-profit subsidiaries of equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(e)  Establishing programs which fulfill the education mission of the institute.

(f)  Establishing programs that fulfill the alternative education mission of the institute.

(g)  Controlling the budget and the dollars appropriated or donated to the institute from private, state, and federal sources.

(h)  Appointing members to carry out the educational activities of the institute and determine compensation, benefits, and terms of service.

(i)  Controlling the use and assignment of space and equipment within the residential school facilities.

(j)  Creating the administrative structure necessary to carry out the mission of the institute.

(k)  Reporting to the Legislature.

(l)  Providing a copy of the institute's annual report to the Governor and Cabinet, the President of the Senate, and the Speaker of the House of Representatives by December 15 of each year.

(5)  If the agreement between the not-for-profit corporation and the institute is terminated for any reason, the institute shall assume governance and operation of the residential school facilities.

(6)  In carrying out the provisions of this section, the not-for-profit corporation and its for-profit or not-for-profit subsidiaries are not "agencies" within the meaning of s. 20.03(11).

History.--s. 108, ch. 94-209; s. 62, ch. 97-238.

Note.--Former s. 39.085.