Florida Regulations 6A-14.099: Failure of Florida College System Administrator or Law Enforcement Agency to Report Child Abuse, Abandonment or Neglect
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(1) Definitions. For purposes of this section:
(a) The terms “”abuse,”” “”abandonment,”” and “”neglect”” shall have the same meaning as in Florida Statutes § 39.01
(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 Florida Statutes § 39.205, 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 Florida Statutes § 39.205
(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 Florida Statutes § 39.205
(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 Florida Statutes § 120.57
Rulemaking Authority Florida Statutes § 39.205(10), 1001.02(1) FS. Law Implemented Florida Statutes § 39.205. History—New 3-5-14.
Terms Used In Florida Regulations 6A-14.099
- Allegation: something that someone says happened.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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 Florida Statutes § 39.205, 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 Florida Statutes § 39.205
(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 Florida Statutes § 39.205
(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 Florida Statutes § 120.57
Rulemaking Authority Florida Statutes § 39.205(10), 1001.02(1) FS. Law Implemented Florida Statutes § 39.205. History—New 3-5-14.