December 11, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 229
Functions Of State Educational Agencies
View Entire Chapter
Section 229.805, Florida Statutes 2001

229.805  Educational television.--

(1)  STATE POLICY.--It is hereby declared to be the public policy of the state to provide through educational television and radio the powers of teaching, raising living and educational standards of the citizens and residents of the state, and protecting and promoting public interest in educational television and radio in accordance with existing state and federal laws.

(2)  ESTABLISHMENT AND UTILIZATION OF NETWORK.--The Department of Education is authorized and empowered to establish a television network connecting such communities or such stations as it may designate. For this purpose, it may lease facilities in the name of the state from communications' common carriers and use such transmission channels as may be necessary; however, should the department decide, upon investigation, that it could more economically construct and maintain such transmission channels, it is authorized and empowered to design, construct, operate, and maintain the same, including a television microwave network. Said network shall be utilized primarily for the instruction of students at existing and future public and private educational institutions and of the general public, or so many thereof as may prove practical. The origination and transmission of all programs over such networks shall be as directed under policies approved by the state board. The department may cooperate with and assist all local and state educational agencies in making surveys pertaining to the use and economics of educational television in the fields of primary, elementary, secondary, or college level education and in the field of adult education, and may assist all public agencies in the planning of programs calculated to further the education of the citizens of the state.

(3)  POWERS OF DEPARTMENT OF EDUCATION.--

(a)  The Department of Education is authorized to encourage:

1.  The extension of educational television network facilities;

2.  The coordination of Florida's educational television with that of other states and with the Federal Government; and

3.  The further development of educational television within the state.

(b)  The department shall provide through educational television and other electronic media a means of extending educational services to all the state system of public education, except the State University System as defined in s. 240.2011, which provision by the department shall be limited by paragraph (c) and by s. 229.8051(1). The department shall recommend to the Commissioner of Education rules and regulations necessary to provide such services.

(c)  The department is authorized to provide equipment, funds, and other services to extend and update both the existing and the proposed educational television and radio systems of tax-supported and nonprofit, corporate-owned facilities. All stations funded must be qualified by the Corporation for Public Broadcasting. New stations eligible for funding shall provide a first service to an audience that is not currently receiving a broadcast signal or provide a significant new program service as defined by Commissioner of Education rules. Funds appropriated to the department for educational television and funds appropriated to the department for educational radio may be used by the department for either educational television or educational radio, or for both.

(4)  PROHIBITED USE, PENALTY.--

(a)  None of the facilities, plant, or personnel of any educational television system that is supported in whole or in part by state funds shall be used directly or indirectly for the promotion, advertisement, or advancement of any political candidate for any municipal, county, legislative, congressional, or state office. However, fair, open, and free discussion between political candidates for municipal, county, legislative, congressional, or state office may be permitted in order to help materially reduce the excessive cost of campaigns and to ensure that the citizens of this state shall be fully informed about such issues and candidates in such campaigns. The above provisions apply to the advocacy for, or opposition to, any specific program, existing or proposed, of governmental action which shall include, but shall not be limited to, constitutional amendments, tax referenda, and bond issues. The provisions of this paragraph shall be in accordance with reasonable rules and regulations prescribed by the Commissioner of Education or the Board of Regents, whichever has authority in the premises.

(b)  Violation of any prohibition contained in this section shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5)  DUTY OF DEPARTMENT OF EDUCATION.--The Department of Education is responsible for identifying the needs of the state system of public education as they relate to the development and production of materials used in instruction. When such identified needs are considered to be best satisfied by the production of new materials, the department may commission or contract for the production of such materials. The Commissioner of Education shall adopt and prescribe rules and regulations for the proper enforcement and carrying out of these provisions.

History.--ss. 1, 2, 3, 4, 5, 6, 8, ch. 67-569; ss. 15, 35, ch. 69-106; s. 1, ch. 70-191; s. 131, ch. 71-136; s. 1, ch. 71-291; s. 1, ch. 72-255; s. 4, ch. 78-323; s. 1, ch. 80-124; ss. 1, 3, ch. 81-5; s. 131, ch. 81-259; s. 30, ch. 91-55; s. 101, ch. 97-190.

Note.--Former s. 229.131; s. 229.521(29).

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