Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. For purposes of this
section:
(a) The terms "abuse, " "abandonment,
" and "neglect" shall have the same meaning as in Section
39.01, F.S.
(b) The term "Administrator" means high level
personnel who have been assigned the responsibility 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, campus safety officer, 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 unit of the college which is vested
with the authority to bear arms and make arrests, and whose primary
responsibility is the prevention and detection of crime or the enforcement of
the penal, criminal, traffic or highway laws of the state.
(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 spected child abuse, abandonment, or
neglect as required by Section
39.205, F.S., 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, F.S.
(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) Active 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, F.S.
(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 Section
120.57,
F.S.
Rulemaking Authority
39.205(10),
1001.02(1) FS.
Law Implemented 39.205
FS.
New 3-5-14.
