The purpose and effect of this new rule is to establish procedures for the State Board of Education (SBOE) to assess a penalty against Florida College System (FCS) institutions that fail to report child abuse.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.099Penalties for Failure to Report Child Abuse

PURPOSE AND EFFECT: The purpose and effect of this new rule is to establish procedures for the State Board of Education (SBOE) to assess a penalty against Florida College System (FCS) institutions that fail to report child abuse.

SUMMARY: This rule establishes procedures for the SBOE to assess a penalty against FCS institutions that fail to report child abuse as required by Section 39.205(10), F.S. This rule also defines the terms “FCS administrator” and “Law Enforcement Agency.” The effect is that Florida College System Institutions and Law Enforcement Agencies will be fined $1,000,000 if they fail to report certain child abuse taking place on campus or at an event or function sponsored by the college.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The only cost will be if the FCS institution fails to report. There are no regulatory costs in implementing this rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 39.205(10), 1001.02(1) FS.

LAW IMPLEMENTED: 39.205 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 21, 2014, 9:00 a.m.

PLACE: Miami Lakes Educational Center, 5780 NW 158th Street, Miami Lakes, Florida 33014

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kasongo Butler, Assistant Chancellor, Division of Florida Colleges, 325 W. Gaines Street, Suite 1544C, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.099 Failure of Florida College System Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect.

(1) Definitions. For purposes of this section:

(a) The terms “abuse,” “abandonment,” and “neglect” shall have the same meaning as in Section 39.01, Florida Statutes.

(b) The term “Administrator” means high level personnel who have been assigned the responsibilities of college-wide or campus-wide academic or administrative functions, such as: college presidents, campus presidents, provosts, senior/executive vice presidents, vice presidents, associate vice presidents, associate/vice provosts, chief human resource officer, deans, chief of police, equal opportunity programs director, intercollegiate athletics director, internal auditor, Title IX coordinator and college compliance officer.

(c) The term “college” means a Florida College System institution.

(d) The term “Law Enforcement Agency” means the campus police/security department established by each college.

(e) The term “State Board” means the State Board of Education.

(2) Investigation of an Allegation of a Failure to Report.

(a) Upon receipt of a credible allegation that a college Administrator or Law Enforcement Agency knowingly and willfully failed to report information of known or suspected child abuse, abandonment, or neglect as required by Section 39.205, Florida Statutes, the Florida Department of Education’s Office of Inspector General shall conduct an investigation to determine if sufficient evidence exists to support the allegation and the assessment of the $1 million fine pursuant to Section 39.205, Florida Statutes.

(b) The Inspector General shall submit the investigatory findings to the Chair of the college’s District Board of Trustees or the Chair’s designee, and the college shall have twenty (20) business days after receipt to submit a written response to the Inspector General. The Inspector General shall provide a rebuttal, if any, to the college within twenty (20) business days after receipt of the college’s response. The college’s response and the Inspector General’s rebuttal to the response, if any, shall be included in the final investigative report presented to the State Board and the Chair of the college’s District Board of Trustees.

(3) Action by the State Board. The State Board shall issue a written order determining whether or not to assess the $1 million fine against the college pursuant to Section 39.205, Florida Statutes.

(4) Additional Proceedings. Within twenty-one (21) business days after receipt of the State Board’s written order, the college may file a petition challenging the State Board of Education’s determination in an administrative proceeding conducted pursuant to Sections 120.569 and 120.57, Florida Statutes.

Rulemaking Authority 39.205(10), 1001.02(1) FS. Law Implemented 39.205 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Hanna, Chancellor, Florida College System

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 8, 2013