CS/HB 1451

1
A bill to be entitled
2An act relating to the Dan Marino Foundation Florida
3Vocational College; establishing the Dan Marino Foundation
4Florida Vocational College in Broward County as a public
5residential postsecondary school for certain students who
6have developmental disabilities; providing funding for the
7school through the Department of Education subject to a
8specific appropriation; requiring that the school comply
9with the laws and rules applicable to state agencies
10unless otherwise provided by law; requiring that the
11school provide educational programs and services;
12requiring that the Auditor General conduct annual audits
13of the school's accounts and records; creating a board of
14trustees; providing membership, terms, and specifying
15powers and duties of the board; requiring that the board
16submit legislative budget requests for operations and
17fixed capital outlay; requiring that the board provide for
18the content and custody of student and employee personnel
19records; authorizing the board to provide legal services
20and reimbursement of expenses for officers and employees
21of the board; requiring notice and a public meeting under
22certain circumstances; requiring that all employees and
23applicants for employment with the board undergo personnel
24screening and security background investigations;
25providing a penalty for failure to disclose certain
26material facts and for use of confidential information for
27certain purposes; authorizing the employment of campus
28police and providing powers, duties, and qualifications;
29requiring reporting of on-campus crime statistics;
30amending s. 1000.04, F.S.; providing that the Dan Marino
31Foundation Florida Vocational College is a component of
32the delivery of public education within Florida's K-20
33education system; amending s. 1001.20, F.S.; authorizing
34investigations by the Office of Inspector General within
35the Department of Education; providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  The Dan Marino Foundation Florida Vocational
40College.-
41     (1)  RESPONSIBILITIES.-The Dan Marino Foundation Florida
42Vocational College is established in Broward County, Florida, as
43a state-supported residential school that provides students who
44have developmental disabilities, who are 18 to 26 years of age,
45and who are no longer eligible for exceptional student education
46funding due to age or have graduated from high school, the
47opportunity to obtain a postsecondary education on a college
48campus setting. The school shall be a component of the delivery
49of public education within Florida's K-20 education system and
50shall be funded through the Department of Education subject to a
51specific appropriation. The school shall provide educational
52programs and support services appropriate to meet the
53educational and related evaluation and counseling needs of
54students who have developmental disabilities and who meet the
55enrollment criteria. Unless otherwise provided by law, the
56school shall comply with all laws and rules applicable to state
57agencies. Educational services may be provided on an outreach
58basis for students who have developmental disabilities and who
59are 18 to 26 years of age and to district school boards upon
60request.
61     (2)  MISSION.-The mission of the Dan Marino Foundation
62Florida Vocational College is to provide an appropriate public
63education for eligible Florida students who have developmental
64disabilities. As a school that provides programs for attaining
65vocational, life, social, and independent living skills, the
66school shall strive to provide students with an opportunity to
67develop skills fostering their independence in a caring, safe,
68and unique learning environment, to prepare them to be an
69integral part of the community, and to allow them to become
70significantly less dependent on government funding. The school
71shall provide outreach services that include collaboration with
72employers, district school boards, and community organizations
73and shall encourage input from students, staff, parents, and the
74community. As a diverse organization, the school shall foster
75respect and understanding for each individual.
76     (3)  AUDITS.-The Auditor General shall conduct annual
77audits of the accounts and records of the Dan Marino Foundation
78Florida Vocational College. The Department of Education's
79inspector general may conduct investigations at the school in
80accordance with s. 1001.20(4)(e), Florida Statutes.
81     (4)  BOARD OF TRUSTEES.-
82     (a)  A Board of Trustees for the Dan Marino Foundation
83Florida Vocational College is created and shall consist of seven
84members. Of these seven members, three shall be appointed by the
85Governor and one of these three shall be a person with a
86developmental disability. Of the remaining four members, one
87shall be the chair of the Dan Marino Foundation, one shall be
88the chief executive officer of the Dan Marino Foundation, one
89shall be appointed by the Speaker of the House of
90Representatives, and one shall be appointed by the President of
91the Senate. Each board member must have been a resident of the
92state for at least 10 years before his or her appointment. The
93term of office of each member shall be 4 years. The Governor may
94remove any member for cause and shall fill all vacancies that
95occur.
96     (b)  The board of trustees shall elect a chair annually.
97     (c)  The board of trustees may adopt rules to administer
98this section and relating to the operation of the Dan Marino
99Foundation Florida Vocational College. The board shall submit
100the rules to the State Board of Education for approval or
101disapproval. After a rule is approved by the state board, the
102rule shall be filed immediately with the Department of State.
103The board of trustees shall act at all times in conjunction with
104the rules of the State Board of Education.
105     (d)  The board of trustees is a body corporate and shall
106have a corporate seal. Unless otherwise provided by law, all
107actions of the board of trustees shall be consistent with all
108laws and rules applicable to state agencies. Title to any gift,
109donation, or bequest received by the board of trustees pursuant
110to subparagraph (e)11., shall vest in the board of trustees.
111Title to all other property and other assets of the Dan Marino
112Foundation Florida Vocational College shall vest in the State
113Board of Education; however, the board of trustees shall have
114complete jurisdiction over the management of the school.
115     (e)  The board of trustees is invested with full power and
116authority to:
117     1.  Appoint a president, faculty, teachers, and other
118employees, to remove the same as in its judgment may be best,
119and to fix their compensation.
120     2.  Procure professional services, including, but not
121limited to, medical, mental health, architectural, and
122engineering services.
123     3.  Procure legal services without the prior written
124approval of the Attorney General.
125     4.  Determine eligibility of students and the procedure for
126admission.
127     5.  Provide students with necessary bedding, clothing,
128food, and medical attendance and such other things as may be
129proper for the health and comfort of the students without cost
130to their parents, except that the board of trustees may set
131tuition and other fees for nonresidents.
132     6.  Provide for the proper keeping of accounts and records
133and for budgeting of funds.
134     7.  Enter into contracts.
135     8.  Sue and be sued.
136     9.  Secure public liability insurance.
137     10.  Do and perform every other matter or thing necessary
138to the proper management, maintenance, support, and control of
139the school at the highest efficiency economically possible,
140taking into consideration the purposes of the establishment.
141     11.  Receive gifts, donations, and bequests of money or
142property, real or personal, tangible or intangible, from any
143person, firm, corporation, or other legal entity. However, the
144board of trustees may not obligate the state to any expenditure
145or policy that is not specifically authorized by law. If a bill
146of sale, will, trust indenture, deed, or other legal conveyance
147specifies terms and conditions concerning the use of such money
148or property, the board of trustees shall observe such terms and
149conditions.
150     12.  Deposit outside the State Treasury such moneys as are
151received as gifts, donations, or bequests and may disburse and
152expend such moneys, upon its own warrant, for the use and
153benefit of the Dan Marino Foundation Florida Vocational College
154and its students as the board of trustees deems to be in the
155best interest of the school and its students. This money or
156property is not a part of any legislative appropriation.
157     13.  Sell or convey by bill of sale, deed, or other legal
158instrument any property, real or personal, received as a gift,
159donation, or bequest upon such terms and conditions as the board
160of trustees deems to be in the best interest of the school and
161its students.
162     14.  Invest such moneys in securities enumerated under s.
163215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
164The Common Fund, an Investment Management Fund exclusively for
165nonprofit educational institutions.
166     (f)  The board of trustees shall:
167     1.  Prepare and submit legislative budget requests for
168operations and fixed capital outlay, in accordance with chapter
169216, Florida Statutes, to the Department of Education for review
170and approval. The department shall analyze the amount requested
171for fixed capital outlay to determine whether the request is
172consistent with the college's campus master plan, educational
173plant survey, and facilities master plan. Projections of
174facility space needs may exceed the norm space and occupant
175design criteria established in the State Requirements for
176Educational Facilities.
177     2.  Approve and administer an annual operating budget.
178     3.  Require all funds received, other than gifts,
179donations, bequests, funds raised by or belonging to student
180clubs or student organizations, and funds held for specific
181students or in accounts for individual students, to be deposited
182in the State Treasury and expended as authorized in the General
183Appropriations Act.
184     4.  Require all purchases to be in accordance with chapter
185287, Florida Statutes, except for purchases made with funds
186received as gifts, donations, or bequests; funds raised by or
187belonging to student clubs or student organizations; and funds
188held for specific students or in accounts for individual
189students.
190     5.  Administer and maintain personnel programs for all
191employees of the board of trustees and the Dan Marino Foundation
192Florida Vocational College. Such employees may not be state
193employees. The classification and pay plan for academic
194personnel and academic administrative personnel of the school
195shall be set by the board of trustees, subject only to the
196approval of the State Board of Education. Such employees shall
197be subject to the provisions of chapter 110, Florida Statutes.
198     6.  Give preference in appointment and retention in
199positions of employment as provided in s. 295.07(1), Florida
200Statutes.
201     7.  Ensure that the Dan Marino Foundation Florida
202Vocational College coordinates planning with local governing
203bodies for educational facility construction.
204     8.  Ensure that the Dan Marino Foundation Florida
205Vocational College complies with s. 112.061, Florida Statutes,
206concerning per diem and travel expenses of public officers,
207employees, and authorized persons with respect to all funds
208other than funds received as gifts, donations, or bequests;
209funds raised by or belonging to student clubs or student
210organizations; and funds held for specific students or in
211accounts for individual students.
212     9.  Adopt a master plan that specifies the mission and
213objectives of the Dan Marino Foundation Florida Vocational
214College. The plan shall include, but not be limited to,
215procedures for systematically measuring the schools progress
216toward meeting its objectives, analyzing changes in the student
217population, and modifying school programs and services to
218respond to such changes. The plan shall be implemented for a
219period of 5 years and shall be reviewed for needed modifications
220every 2 years. The board of trustees shall submit the initial
221plan and subsequent modifications to the President of the Senate
222and the Speaker of the House of Representatives.
223     (5)  STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of
224Trustees for the Dan Marino Foundation Florida Vocational
225College shall provide for the content and custody of student and
226employee personnel records. Student records shall be subject to
227s. 1006.52, Florida Statutes. Employee personnel records shall
228be subject to part IV of chapter 1012, Florida Statutes.
229     (6)  LEGAL SERVICES.-The Board of Trustees for the Dan
230Marino Foundation Florida Vocational College may provide legal
231services for officers and employees of the board of trustees who
232are charged with civil or criminal actions arising out of and in
233the course of the performance of assigned duties and
234responsibilities. The board of trustees may provide for
235reimbursement of reasonable expenses for legal services for
236officers and employees of the board of trustees who are charged
237with civil or criminal actions arising out of and in the course
238of the performance of assigned duties and responsibilities upon
239successful defense of the officer or employee. However, in any
240case in which the officer or employee pleads guilty or nolo
241contendere to or is found guilty of any such action, the officer
242or employee shall reimburse the board of trustees for any legal
243services that the board of trustees may have supplied pursuant
244to this section. The board of trustees may also reimburse an
245officer or employee for any judgment that may be entered against
246him or her in a civil action arising out of and in the course of
247the performance of his or her assigned duties and
248responsibilities. Each expenditure by the board of trustees for
249legal defense of an officer or employee, or for reimbursement
250pursuant to this section, shall be made at a public meeting with
251notice pursuant to s. 120.525(1), Florida Statutes. The
252provision of such legal services or reimbursement under the
253conditions described in this subsection is declared to be a
254school purpose for which school funds may be expended.
255     (7)  PERSONNEL SCREENING.-
256     (a)  The Board of Trustees of the Dan Marino Foundation
257Florida Vocational College shall, because of the special trust
258or responsibility of employees of the school, require all
259employees and applicants for employment to undergo personnel
260screening and security background investigations as provided in
261chapter 435, Florida Statutes, using the level 2 standards for
262screening set forth in that chapter, as a condition of
263employment and continued employment. The cost of a personnel
264screening and security background investigation for an employee
265of the school shall be paid by the school. The cost of such a
266screening and investigation for an applicant for employment may
267be paid by the school.
268     (b)  As a prerequisite for initial and continuing
269employment at the Dan Marino Foundation Florida Vocational
270College:
271     1.  The applicant or employee shall submit to the Dan
272Marino Foundation Florida Vocational College a complete set of
273fingerprints taken by an authorized law enforcement agency or an
274employee of the Dan Marino Foundation Florida Vocational College
275who is trained to take fingerprints. The Dan Marino Foundation
276Florida Vocational College shall submit the fingerprints to the
277Department of Law Enforcement for state processing and the
278Federal Bureau of Investigation for federal processing.
279     2.a.  The applicant or employee shall, under penalty of
280perjury, attest to the minimum standards for good moral
281character as provided in chapter 435, Florida Statutes, using
282the level 2 standards set forth in that chapter.
283     b.  New personnel shall be on probationary status pending a
284determination of compliance with such minimum standards for good
285moral character. This sub-subparagraph is in addition to any
286probationary status provided for by state law or rules or
287collective bargaining contracts of the Dan Marino Foundation
288Florida Vocational College.
289     (c)  The Dan Marino Foundation Florida Vocational College
290shall review the record of the applicant or employee with
291respect to the crimes described in s. 435.04, Florida Statutes,
292and shall notify the applicant or employee of its findings. When
293disposition information is missing on a criminal record, it
294shall be the responsibility of the applicant or employee, upon
295request of the Dan Marino Foundation Florida Vocational College,
296to obtain the missing disposition information and supply such
297information within 30 days to the Dan Marino Foundation Florida
298Vocational College. Failure to supply missing information within
29930 days or to show reasonable efforts to obtain such information
300shall result in automatic disqualification of an applicant and
301automatic termination of an employee.
302     (d)  After an initial personnel screening and security
303background investigation, written notification shall be given to
304the affected employee within a reasonable time prior to any
305subsequent screening and investigation.
306     (e)  The Dan Marino Foundation Florida Vocational College
307may grant exemptions from disqualification as provided in s.
308435.07, Florida Statutes.
309     (f)  The Dan Marino Foundation Florida Vocational College
310may not use the criminal records, private investigator findings,
311or information from reference checks obtained by the school
312pursuant to this section for any purpose other than determining
313whether a person meets the minimum standards for good moral
314character for personnel employed by the school.
315     (g)  It is a misdemeanor of the first degree, punishable as
316provided in s. 775.082 or s. 775.083, Florida Statutes, for any
317person willfully, knowingly, or intentionally to:
318     1.  Fail, by false statement, misrepresentation,
319impersonation, or other fraudulent means, to disclose in any
320application for voluntary or paid employment a material fact
321used in making a determination as to such person's
322qualifications for a position of special trust.
323     2.  Use the criminal records, private investigator
324findings, or information from reference checks obtained under
325this section or information obtained from such records or
326findings, or to release such information or records to any
327person, for purposes other than screening for employment.
328     (8)  CAMPUS POLICE.-
329     (a)  The Board of Trustees for the Dan Marino Foundation
330Florida Vocational College is permitted and empowered to employ
331police officers for the school. Such officers must be designated
332as the Dan Marino Foundation Florida Vocational College campus
333police.
334     (b)  Each Dan Marino Foundation Florida Vocational College
335campus police officer is a law enforcement officer of the state
336and a conservator of the peace who has the authority to arrest,
337in accordance with the laws of this state, any person for a
338violation of state law or any applicable county or municipal
339ordinance if that violation occurs on or in any property or
340facility of the school. A campus police officer may also arrest
341a person off campus for a violation committed on campus after a
342hot pursuit of that person that began on campus. A campus police
343officer shall have full authority to bear arms in the
344performance of the officer's duties and carry out a search
345pursuant to a search warrant on the campus. The Dan Marino
346Foundation Florida Vocational College campus police, upon
347request of the sheriff or local police authority, may serve
348subpoenas or other legal process and may make arrests of persons
349against whom arrest warrants have been issued or against whom
350charges have been made for violations of federal or state laws
351or county or municipal ordinances. Campus police officers may
352enforce traffic laws within the boundaries of the campus in
353accordance with chapter 316, Florida Statutes.
354     (c)  The campus police shall promptly deliver any person
355arrested and charged with a felony to the sheriff of the county
356in which the school is located and any person arrested and
357charged with a misdemeanor to the applicable authority as
358provided by law or to the sheriff of the county in which the
359school is located.
360     (d)  The campus police must meet the minimum standards
361established by the Criminal Justice Standards and Training
362Commission of the Department of Law Enforcement and chapter 943,
363Florida Statutes, for law enforcement officers. Each campus
364police officer must, before entering into the performance of the
365officer's duties, take the oath of office established by the
366board of trustees. The board of trustees must provide a uniform
367set of identifying credentials to each campus police officer it
368employs.
369     (e)  In performance of any of the powers, duties, or
370functions authorized by law, campus police have the same rights,
371protections, and immunities afforded other law enforcement
372officers.
373     (f)  The board of trustees shall adopt rules, including,
374without limitation, rules for the appointment, employment, and
375removal of campus police in accordance with the State Career
376Service System and shall establish in writing a policy manual
377that includes, without limitation, procedures for managing
378routine law enforcement situations and emergency law enforcement
379situations. The board of trustees shall furnish a copy of the
380policy manual to each campus police officer it employs. A campus
381police officer employed by the board of trustees must have
382completed the training required by the school in the special
383needs of and proper procedures for dealing with students served
384by the school.
385     (9)  REPORT OF CAMPUS CRIME STATISTICS.-
386     (a)  The school shall prepare an annual report of
387statistics of crimes committed on its campus and shall submit
388the report to the board of trustees and the Commissioner of
389Education. The data for the report may be taken from the annual
390report of the Department of Law Enforcement. The board of
391trustees shall prescribe the form for submission of the report.
392     (b)  The school shall prepare an annual report of
393statistics of crimes committed on its campus for the preceding 3
394years. The school shall give students and prospective students
395notice that this report is available upon request.
396     Section 2.  Subsection (5) is added to section 1000.04,
397Florida Statutes, to read:
398     1000.04  Components for the delivery of public education
399within the Florida K-20 education system.-Florida's K-20
400education system provides for the delivery of public education
401through publicly supported and controlled K-12 schools,
402community colleges, state universities and other postsecondary
403educational institutions, other educational institutions, and
404other educational services as provided or authorized by the
405Constitution and laws of the state.
406     (5)  THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-
407The Dan Marino Foundation Florida Vocational College is a
408component of the delivery of public education within Florida's
409K-20 education system.
410     Section 3.  Paragraph (e) of subsection (4) of section
4111001.20, Florida Statutes, is amended to read:
412     1001.20  Department under direction of state board.-
413     (4)  The Department of Education shall establish the
414following offices within the Office of the Commissioner of
415Education which shall coordinate their activities with all other
416divisions and offices:
417     (e)  Office of Inspector General.-Organized using existing
418resources and funds and responsible for promoting
419accountability, efficiency, and effectiveness and detecting
420fraud and abuse within school districts, the Florida School for
421the Deaf and the Blind, the Dan Marino Foundation Florida
422Vocational College, and community colleges in Florida. If the
423Commissioner of Education determines that a district school
424board, the Board of Trustees for the Florida School for the Deaf
425and the Blind, the Board of Trustees for the Dan Marino
426Foundation Florida Vocational College, or a community college
427board of trustees is unwilling or unable to address
428substantiated allegations made by any person relating to waste,
429fraud, or financial mismanagement within the school district,
430the Florida School for the Deaf and the Blind, the Dan Marino
431Foundation Florida Vocational College, or the community college,
432the office shall conduct, coordinate, or request investigations
433into such substantiated allegations. The office shall have
434access to all information and personnel necessary to perform its
435duties and shall have all of its current powers, duties, and
436responsibilities authorized in s. 20.055.
437     Section 4.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.