House Bill 1007e1

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                                          HB 1007, First Engrossed



  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         each community college to submit a summary;

12         providing sanctions for failure to submit the

13         summary; requiring the State Board of Community

14         Colleges to submit an annual report to the

15         Legislature; providing an effective date.

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

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

20  Florida Statutes, 1998 Supplement, to read:

21         240.311  State Board of Community Colleges; powers and

22  duties.--

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

24  authorized to develop and produce work products which relate

25  to mechanisms to provide for consolidated and coordinated

26  program development and educational endeavors to support

27  distance learning instruction which are subject to trademark,

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

29  consider the relative contribution by the personnel employed

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

31  binding agreements with such personnel, organizations,


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                                          HB 1007, First Engrossed



  1  corporations, or government entities, which agreements shall

  2  establish the percentage of ownership of such trademarks,

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

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

  5         1.  Perform all things necessary to secure letters of

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

  7  and to enforce its rights therein.

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

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

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

11  other consideration as the board deems proper.

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

13  to protect the same against improper or unlawful use or

14  infringement.

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

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

17         5.  Sell any such work products and execute all

18  instruments necessary to consummate any such sale.

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

20  execution of powers and duties provided by this paragraph.

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22  Any proceeds therefrom shall be deposited and expended by a

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

24  provisions of chapter 617 and approved by the Department of

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

26  producing and disseminating educational materials and products

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

28  board in securing or exploiting such trademarks, copyrights,

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

30  the Department of State.

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                                          HB 1007, First Engrossed



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

  2  have produced materials and products and shall make them

  3  readily available for appropriate use in the state system of

  4  education. The board is authorized to charge an amount

  5  adequate to cover the essential cost of producing and

  6  disseminating such materials and products in the state system

  7  of education and is authorized to sell copies for educational

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

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

10  funds pursuant to this section shall make provisions for an

11  annual postaudit of its financial accounts to be conducted by

12  an independent certified public accountant in accordance with

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

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

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

16  authority to require and receive from the organization or from

17  its independent auditor any detail or supplemental data

18  relative to the operation of the organization.

19         (d)  The State Board of Community Colleges shall report

20  on the implementation of this subsection, by December 31, 1999

21  and annually thereafter, to the Speaker of the House of

22  Representatives and the President of the Senate.

23         Section 2.  Section 364.508, Florida Statutes, is

24  transferred, renumbered as Section 241.001, and amended to

25  read:

26         241.001 364.508  Definitions.--As used in this part:

27         (1)  "Commission" means the Public Service Commission.

28         (2)  "Network" means the Florida Distance Learning

29  Network.

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                                          HB 1007, First Engrossed



  1         (2)(3)  "Telecommunications company" means any entity

  2  certified under this chapter to provide telecommunications

  3  service.

  4         (3)(4)  "Cable company" means a cable television

  5  company providing cable service as defined in 47 U.S.C. s.

  6  522.

  7         (4)(5)  "Advanced telecommunications services" are

  8  defined as network-based or wireless services that provide

  9  additional communications capabilities enabling the use of

10  applications such as distance learning, video conferencing,

11  data communications, and access to Internet.

12         (6)  "Plan" means the Education Facilities

13  Infrastructure Improvement Plan, a document that includes a

14  needs assessment report and identifies telecommunications

15  companies', cable companies', and other providers' present and

16  projected deployment of technologies necessary for delivery of

17  advanced telecommunications services to eligible facilities

18  who request such services.

19         (5)(7)  "Eligible facilities" means all approved

20  campuses and instructional centers of all public universities,

21  public community colleges, area technical centers, public

22  elementary schools, middle schools, and high schools,

23  including school administrative offices, public libraries,

24  teaching hospitals, the research institute described in s.

25  240.512, and rural public hospitals as defined in s. 395.602.

26  If no rural public hospital exists in a community, the public

27  health clinic which is responsible for individuals before they

28  can be transferred to a regional hospital shall be considered

29  eligible.

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                                          HB 1007, First Engrossed



  1         Section 3.  Section 364.509, Florida Statutes, is

  2  transferred, renumbered as section 241.002, and amended to

  3  read:

  4         (Substantial rewording of section.  See

  5         s. 364.509, F.S., for present text.)

  6         241.002 364.509  Duties of the Department of

  7  Education.--The duties of the Department of Education

  8  concerning distance learning include, but are not limited to:

  9         (1)  Facilitate the implementation of a statewide

10  coordinated system and resource system for cost-efficient

11  advanced telecommunications services and distance education

12  which will increase overall student access to education.

13         (2)  Coordinate the use of existing resources,

14  including, but not limited to, the state's satellite

15  transponders on the education satellites, the SUNCOM Network,

16  the Florida Information Resource Network (FIRN), the

17  Department of Management Services, the Department of

18  Corrections, and the Department of Children and Family

19  Services' satellite communication facilities to support a

20  statewide advanced telecommunications services and distance

21  learning network.

22         (3)  Assist in the coordination of the utilization of

23  the production and uplink capabilities available through

24  Florida's public television stations, eligible facilities,

25  independent colleges and universities, private firms, and

26  others as may be needed.

27         (4)  Seek the assistance and cooperation of Florida's

28  cable television providers in the implementation of the

29  statewide advanced telecommunications services and distance

30  learning network.

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                                          HB 1007, First Engrossed



  1         (5)  Seek the assistance and cooperation of Florida's

  2  telecommunications carriers to provide affordable student

  3  access to advanced telecommunications services and to distance

  4  learning.

  5         (6)  Coordinate partnerships for development,

  6  acquisition, use, and distribution of distance learning.

  7         (7)  Secure and administer funding for programs and

  8  activities for distance learning from federal, state, local,

  9  and private sources and from fees derived from services and

10  materials.

11         (8)  Manage the state's satellite transponder resources

12  and enter into lease agreements to maximize the use of

13  available transponder time.  All net revenue realized through

14  the leasing of available transponder time, after deducting the

15  costs of performing the management function, shall be recycled

16  to support the public education distance learning in this

17  state based upon an allocation formula of one-third to the

18  Department of Education, one-third to the State Board of

19  Community Colleges, and one-third to the State University

20  System.

21         (9)  Hire appropriate staff which may include a

22  position that shall be exempt from part II of chapter 110 and

23  is included in the Senior Management Service in accordance

24  with s. 110.205.

25         (10)  Nothing in ss. 364.506-364.514 shall be construed

26  to abrogate, supersede, alter, or amend the powers and duties

27  of any state agency, district school board, community college

28  board of trustees, the State Board of Community Colleges, or

29  the Board of Regents.

30         Section 4.  Section 364.510, Florida Statutes, is

31  transferred, renumbered


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                                          HB 1007, First Engrossed



  1         Section 5.  Section 364.510, Florida Statutes, is

  2  transferred, renumbered as 241.003, and amended to read:

  3         (Substantial rewording of section.  See

  4         s. 364.510, F.S., for present text.)

  5         241.003 364.510  The Florida Distance Learning Network

  6  Advisory Council; creation; membership; organization;

  7  meetings.--

  8         (1)  The Florida Distance Learning Network Advisory

  9  Council is created in the Department of Education to advise

10  and assist the department in carrying out its duties relating

11  to distance learning.

12         (a)  Composition.--The advisory council, to be

13  appointed by and serve at the pleasure of the Commissioner of

14  Education, shall not exceed 13 members, selected from the

15  various entities who have interests in distance learning, and

16  who are, when possible, leading members of statewide or

17  regional organizations representing institutional consumers

18  and providers so as to establish a broadly based and

19  representative distance learning advisory council.

20         (b)  Representation.--The organizations represented on

21  the advisory council may include, but are not limited to,

22  public and private elementary and secondary schools; public

23  and private postsecondary institutions, including vocational

24  and technical centers; state agencies; libraries; the health

25  care community, including urban, rural, and teaching

26  hospitals; the cable telecommunications industry; the local

27  exchange telecommunications industry; and the interexchange

28  industry.  Two members shall be the Chancellor of the State

29  University System or the chancellor's designee and the

30  Executive Director of the Florida Community College System or

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                                          HB 1007, First Engrossed



  1  the executive director's designee.  One member may be a lay

  2  citizen.

  3         (c)  Organization, procedure, and compensation.--

  4         1.  The advisory council shall meet at least annually.

  5         2.  The advisory council shall elect a chair, a

  6  vice-chair, and a secretary from its membership for 1-year

  7  terms.  Officers may be re-elected.

  8         3.  The advisory council shall meet at the call of its

  9  chair, at the request of the majority of its membership, the

10  commissioner, or at such times as its membership may

11  prescribe.

12         (2)  The advisory council may study and recommend to

13  the department on:

14         (a)  A marketing program statewide, nationally, and

15  internationally, as deemed appropriate.

16         (b)  The recipients of the Educational Technology Grant

17  Program provided in s. 364.514.

18         (c)  Suggested legislation concerning distance

19  learning.

20         (d)  Any other issue regarding distance learning that

21  the council deems appropriate.

22         (3)  The department shall provide administrative and

23  support services to the advisory council.

24         Section 6.  Subsection (2) of section 364.514, Florida

25  Statutes, is transferred, renumbered as 241.004, and amended

26  to read:

27         241.004 364.514  Educational Technology Grant

28  Program.--

29         (2)(a)  The Department of Education Florida Distance

30  Learning Network shall annually award grants to school

31  districts, area technical centers, community colleges, state


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                                          HB 1007, First Engrossed



  1  universities, and independent institutions eligible to

  2  participate in state student assistance programs established

  3  in part IV of chapter 240.  The department board of directors

  4  of the corporation shall give priority to cooperative

  5  proposals submitted by two or more institutions or delivery

  6  systems.  The proposals shall include:

  7         1.  Information which describes the educational

  8  significance of the program or service in addressing state

  9  educational priorities.

10         2.  The target population for the program.

11         3.  The program content to be transmitted.

12         4.  The support services to be provided.

13         5.  Provisions to use at least 20 percent of any funds

14  awarded for training both faculty and student learners in the

15  use and application of the products developed.

16         (b)  Programs and courses developed through the grant

17  program shall be marketed statewide and nationwide with a

18  portion of any profits from the sale or use of such programs

19  retained by the developing institutions or systems and a

20  portion reinvested in the grant program for further program

21  development. The distribution of any revenues received shall

22  be determined by formal agreement between the department board

23  of directors and the developing system or institution.

24         (c)  The department board of directors shall identify

25  state educational priorities and issue a request for proposals

26  by June 1 in every year in which funds are available for

27  grants.  The department board shall ensure the quality of the

28  programs and courses produced through the grants and produce

29  an annual status report by March 1 describing the projects

30  funded and accounting for any proceeds.

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                                          HB 1007, First Engrossed



  1         Section 7.  Sections 364.511, 364.512, and 364.513,

  2  Florida Statutes, are repealed.

  3         Section 8.  Each community college through the Division

  4  of Community Colleges must submit to the Executive Office of

  5  the Governor, with copies to the President of the Senate, the

  6  Speaker of the House of Representatives, the Auditor General,

  7  and the Office of Program Policy Analysis and Government

  8  Accountability, a one-page summary of all moneys that were

  9  expended or encumbered by the community college, or for which

10  the community college was otherwise responsible, during the

11  preceding fiscal year and an estimate of such moneys projected

12  by the community college for the current fiscal year. All such

13  expenditures and estimates of such expenditures must be

14  divided by program and expressed in line items by unit costs

15  for each output measure approved pursuant to s. 216.0166(3),

16  Florida Statutes. Unit-cost totals must equal the total amount

17  of moneys that were expended or projected to be expended by

18  each community college and must include expenditures or

19  projected expenditures of state funds by subordinate

20  governmental entities and contractors, as applicable. Moneys

21  that community colleges receive but are not responsible for,

22  such as reversions or pass-throughs to entities over which the

23  community college has no authority or responsibility, shall be

24  shown in separate line items and expressed in total amounts

25  only. At the regular session immediately following the

26  submission of the summary, the Legislature shall reduce in the

27  General Appropriations Act for the ensuing fiscal year, by an

28  amount equal to at least 10 percent of the allocation for the

29  fiscal year preceding the current fiscal year, the funding of

30  each community college that fails to submit the information

31  required by this section.


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                                          HB 1007, First Engrossed



  1         Section 9.  This act shall take effect July 1, 1999.

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