CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Education Appropriations offered the
12 following:
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14 Amendment
15 On page 3, lines 16 - 20, of the bill delete said lines
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17 and insert in lieu thereof:
18 (d) The State Board of Community Colleges shall report
19 on the implementation of this subsection, by December 31, 1999
20 and annually thereafter, to the Speaker of the House of
21 Representatives and the President of the Senate.
22 Section 2. Section 364.508, Florida Statutes, is
23 transferred, renumbered as Section 241.001, and amended to
24 read:
25 241.001 364.508 Definitions.--As used in this part:
26 (1) "Commission" means the Public Service Commission.
27 (2) "Network" means the Florida Distance Learning
28 Network.
29 (2)(3) "Telecommunications company" means any entity
30 certified under this chapter to provide telecommunications
31 service.
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HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
1 (3)(4) "Cable company" means a cable television
2 company providing cable service as defined in 47 U.S.C. s.
3 522.
4 (4)(5) "Advanced telecommunications services" are
5 defined as network-based or wireless services that provide
6 additional communications capabilities enabling the use of
7 applications such as distance learning, video conferencing,
8 data communications, and access to Internet.
9 (6) "Plan" means the Education Facilities
10 Infrastructure Improvement Plan, a document that includes a
11 needs assessment report and identifies telecommunications
12 companies', cable companies', and other providers' present and
13 projected deployment of technologies necessary for delivery of
14 advanced telecommunications services to eligible facilities
15 who request such services.
16 (5)(7) "Eligible facilities" means all approved
17 campuses and instructional centers of all public universities,
18 public community colleges, area technical centers, public
19 elementary schools, middle schools, and high schools,
20 including school administrative offices, public libraries,
21 teaching hospitals, the research institute described in s.
22 240.512, and rural public hospitals as defined in s. 395.602.
23 If no rural public hospital exists in a community, the public
24 health clinic which is responsible for individuals before they
25 can be transferred to a regional hospital shall be considered
26 eligible.
27 Section 3. Section 364.509, Florida Statutes, is
28 transferred, renumbered as section 241.002, and amended to
29 read:
30 (Substantial rewording of section. See
31 s. 364.509, F.S., for present text.)
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HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
1 241.002 364.509 Duties of the Department of
2 Education.--The duties of the Department of Education
3 concerning distance learning include, but are not limited to:
4 (1) Facilitate the implementation of a statewide
5 coordinated system and resource system for cost-efficient
6 advanced telecommunications services and distance education
7 which will increase overall student access to education.
8 (2) Coordinate the use of existing resources,
9 including, but not limited to, the state's satellite
10 transponders on the education satellites, the SUNCOM Network,
11 the Florida Information Resource Network (FIRN), the
12 Department of Management Services, the Department of
13 Corrections, and the Department of Children and Family
14 Services' satellite communication facilities to support a
15 statewide advanced telecommunications services and distance
16 learning network.
17 (3) Assist in the coordination of the utilization of
18 the production and uplink capabilities available through
19 Florida's public television stations, eligible facilities,
20 independent colleges and universities, private firms, and
21 others as may be needed.
22 (4) Seek the assistance and cooperation of Florida's
23 cable television providers in the implementation of the
24 statewide advanced telecommunications services and distance
25 learning network.
26 (5) Seek the assistance and cooperation of Florida's
27 telecommunications carriers to provide affordable student
28 access to advanced telecommunications services and to distance
29 learning.
30 (6) Coordinate partnerships for development,
31 acquisition, use, and distribution of distance learning.
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HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
1 (7) Secure and administer funding for programs and
2 activities for distance learning from federal, state, local,
3 and private sources and from fees derived from services and
4 materials.
5 (8) Manage the state's satellite transponder resources
6 and enter into lease agreements to maximize the use of
7 available transponder time. All net revenue realized through
8 the leasing of available transponder time, after deducting the
9 costs of performing the management function, shall be recycled
10 to support the public education distance learning in this
11 state based upon an allocation formula of one-third to the
12 Department of Education, one-third to the State Board of
13 Community Colleges, and one-third to the State University
14 System.
15 (9) Hire appropriate staff which may include a
16 position that shall be exempt from part II of chapter 110 and
17 is included in the Senior Management Service in accordance
18 with s. 110.205.
19 (10) Nothing in ss. 364.506-364.514 shall be construed
20 to abrogate, supersede, alter, or amend the powers and duties
21 of any state agency, district school board, community college
22 board of trustees, the State Board of Community Colleges, or
23 the Board of Regents.
24 Section 4. Section 364.510, Florida Statutes, is
25 transferred, renumbered
26 Section 4. Section 364.510, Florida Statutes, is
27 transferred, renumbered as 241.003, and amended to read:
28 (Substantial rewording of section. See
29 s. 364.510, F.S., for present text.)
30 241.003 364.510 The Florida Distance Learning Network
31 Advisory Council; creation; membership; organization;
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HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
1 meetings.--
2 (1) The Florida Distance Learning Network Advisory
3 Council is created in the Department of Education to advise
4 and assist the department in carrying out its duties relating
5 to distance learning.
6 (a) Composition.--The advisory council, to be
7 appointed by and serve at the pleasure of the Commissioner of
8 Education, shall not exceed 13 members, selected from the
9 various entities who have interests in distance learning, and
10 who are, when possible, leading members of statewide or
11 regional organizations representing institutional consumers
12 and providers so as to establish a broadly based and
13 representative distance learning advisory council.
14 (b) Representation.--The organizations represented on
15 the advisory council may include, but are not limited to,
16 public and private elementary and secondary schools; public
17 and private postsecondary institutions, including vocational
18 and technical centers; state agencies; libraries; the health
19 care community, including urban, rural, and teaching
20 hospitals; the cable telecommunications industry; the local
21 exchange telecommunications industry; and the interexchange
22 industry. Two members shall be the Chancellor of the State
23 University System or the chancellor's designee and the
24 Executive Director of the Florida Community College System or
25 the executive director's designee. One member may be a lay
26 citizen.
27 (c) Organization, procedure, and compensation.--
28 1. The advisory council shall meet at least annually.
29 2. The advisory council shall elect a chair, a
30 vice-chair, and a secretary from its membership for 1-year
31 terms. Officers may be re-elected.
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HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
1 3. The advisory council shall meet at the call of its
2 chair, at the request of the majority of its membership, the
3 commissioner, or at such times as its membership may
4 prescribe.
5 (2) The advisory council may study and recommend to
6 the department on:
7 (a) A marketing program statewide, nationally, and
8 internationally, as deemed appropriate.
9 (b) The recipients of the Educational Technology Grant
10 Program provided in s. 364.514.
11 (c) Suggested legislation concerning distance
12 learning.
13 (d) Any other issue regarding distance learning that
14 the council deems appropriate.
15 (3) The department shall provide administrative and
16 support services to the advisory council.
17 Section 5. Subsection (2) of section 364.514, Florida
18 Statutes, is transferred, renumbered as 241.004, and amended
19 to read:
20 241.004 364.514 Educational Technology Grant
21 Program.--
22 (2)(a) The Department of Education Florida Distance
23 Learning Network shall annually award grants to school
24 districts, area technical centers, community colleges, state
25 universities, and independent institutions eligible to
26 participate in state student assistance programs established
27 in part IV of chapter 240. The department board of directors
28 of the corporation shall give priority to cooperative
29 proposals submitted by two or more institutions or delivery
30 systems. The proposals shall include:
31 1. Information which describes the educational
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HOUSE AMENDMENT
Bill No. HB 1007
Amendment No. 1 (for drafter's use only)
1 significance of the program or service in addressing state
2 educational priorities.
3 2. The target population for the program.
4 3. The program content to be transmitted.
5 4. The support services to be provided.
6 5. Provisions to use at least 20 percent of any funds
7 awarded for training both faculty and student learners in the
8 use and application of the products developed.
9 (b) Programs and courses developed through the grant
10 program shall be marketed statewide and nationwide with a
11 portion of any profits from the sale or use of such programs
12 retained by the developing institutions or systems and a
13 portion reinvested in the grant program for further program
14 development. The distribution of any revenues received shall
15 be determined by formal agreement between the department board
16 of directors and the developing system or institution.
17 (c) The department board of directors shall identify
18 state educational priorities and issue a request for proposals
19 by June 1 in every year in which funds are available for
20 grants. The department board shall ensure the quality of the
21 programs and courses produced through the grants and produce
22 an annual status report by March 1 describing the projects
23 funded and accounting for any proceeds.
24 Section 6. Sections 364.511, 364.512, and 364.513,
25 Florida Statutes, are repealed.
26 Section 7. This act shall take effect July 1, 1999.
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