House Bill 1007

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







    Florida House of Representatives - 1999                HB 1007

        By the Committee on Community Colleges & Career Prep and
    Representatives Harrington, Detert, Greenstein, Stafford, A.
    Greene, Wise, Merchant, Goodlette, Kelly, Johnson and Lynn




  1                      A bill to be entitled

  2         An act relating to community college distance

  3         learning; amending s. 240.311, F.S.;

  4         authorizing the State Board of Community

  5         Colleges to develop and produce certain work

  6         products related to distance learning;

  7         authorizing fees for such materials for

  8         purposes of educational use; requiring annual

  9         postaudits; requiring the adoption of rules;

10         requiring the submission of a report; requiring

11         the State Board of Community Colleges to submit

12         an annual report to the Legislature; providing

13         an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (8) is added to section 240.311,

18  Florida Statutes, 1998 Supplement, to read:

19         240.311  State Board of Community Colleges; powers and

20  duties.--

21         (8)(a)  The State Board of Community Colleges is

22  authorized to develop and produce work products which relate

23  to mechanisms to provide for consolidated and coordinated

24  program development and educational endeavors to support

25  distance learning instruction which are subject to trademark,

26  copyright, or patent statutes.  To this end, the board shall

27  consider the relative contribution by the personnel employed

28  in the development of such work products and shall enter into

29  binding agreements with such personnel, organizations,

30  corporations, or government entities, which agreements shall

31  establish the percentage of ownership of such trademarks,

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    Florida House of Representatives - 1999                HB 1007

    613-121B-99






  1  copyrights, or patents.  Any other law to the contrary

  2  notwithstanding, the board is authorized in its own name to:

  3         1.  Perform all things necessary to secure letters of

  4  patent, copyrights, and trademarks on any such work products

  5  and to enforce its rights therein.

  6         2.  License, lease, assign, or otherwise give written

  7  consent to any person, firm, or corporation for the

  8  manufacture or use thereof on a royalty basis or for such

  9  other consideration as the board deems proper.

10         3.  Take any action necessary, including legal action,

11  to protect the same against improper or unlawful use or

12  infringement.

13         4.  Enforce the collection of any sums due the board

14  for the manufacture or use thereof by any other party.

15         5.  Sell any such work products and execute all

16  instruments necessary to consummate any such sale.

17         6.  Perform all other acts necessary and proper for the

18  execution of powers and duties provided by this paragraph.

19

20  Any proceeds therefrom shall be deposited and expended by a

21  Florida not-for-profit corporation, incorporated under the

22  provisions of chapter 617 and approved by the Department of

23  State, to be used as directed by the board to pay the cost of

24  producing and disseminating educational materials and products

25  to carry out the intent of this act.  Any action taken by the

26  board in securing or exploiting such trademarks, copyrights,

27  or patents shall, within 30 days, be reported by the board to

28  the Department of State.

29         (b)  The board is authorized to publish, produce, or

30  have produced materials and products and shall make them

31  readily available for appropriate use in the state system of

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    Florida House of Representatives - 1999                HB 1007

    613-121B-99






  1  education. The board is authorized to charge an amount

  2  adequate to cover the essential cost of producing and

  3  disseminating such materials and products in the state system

  4  of education and is authorized to sell copies for educational

  5  use to nonpublic schools in the state and to the public.

  6         (c)  Any Florida not-for-profit corporation receiving

  7  funds pursuant to this section shall make provisions for an

  8  annual postaudit of its financial accounts to be conducted by

  9  an independent certified public accountant in accordance with

10  rules to be adopted by the board.  The annual audit report

11  shall be submitted to the Auditor General and the board for

12  review.  The board and the Auditor General shall have the

13  authority to require and receive from the organization or from

14  its independent auditor any detail or supplemental data

15  relative to the operation of the organization.

16         Section 2.  The State Board of Community Colleges shall

17  report on the implementation of this bill, by December 31,

18  1999, and annually thereafter, to the Speaker of the House of

19  Representatives and the President of the Senate.

20         Section 3.  This act shall take effect July 1, 1999.

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22            *****************************************

23                          HOUSE SUMMARY

24
      Authorizes the State Board of Community Colleges to
25    develop and produce certain work products related to
      distance learning.  Authorizes fees for such materials
26    for purposes of educational use.  Requires annual
      postaudits to be conducted by any Florida not-for-profit
27    corporation receiving funds pursuant to this section of
      law.  Requires the submission of a report to the Auditor
28    General and the State Board of Community Colleges for
      review. Requires the State Board of Community Colleges to
29    submit an annual report to the Legislature.

30

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