Florida Senate - 2011                      CS for CS for SB 1616
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Higher Education; and Senators Flores and Garcia
       
       
       
       585-03913-11                                          20111616c2
    1                        A bill to be entitled                      
    2         An act relating to the Dan Marino Foundation Florida
    3         Vocational College; establishing the Dan Marino
    4         Foundation Florida Vocational College in Broward
    5         County as a public residential postsecondary school
    6         for certain students who have developmental
    7         disabilities; providing funding for the school through
    8         the Department of Education; requiring that the school
    9         comply with the laws and rules applicable to state
   10         agencies unless otherwise provided by law; requiring
   11         that the school provide educational programs and
   12         services; requiring that the Auditor General conduct
   13         annual audits of the school’s accounts and records;
   14         creating a board of trustees; providing membership,
   15         terms, and specifying powers and duties of the board;
   16         requiring that the board submit legislative budget
   17         requests for operations and fixed capital outlay;
   18         requiring that the board provide for the content and
   19         custody of student and employee personnel records;
   20         authorizing the board to provide legal services and
   21         reimbursement of expenses for officers and employees
   22         of the board; requiring notice and a public meeting
   23         under certain circumstances; requiring that all
   24         employees and applicants for employment with the board
   25         undergo personnel screening and security background
   26         investigations; providing a penalty for failure to
   27         disclose certain material facts and for use of
   28         confidential information for certain purposes;
   29         authorizing the employment of campus police and
   30         providing powers, duties, and qualifications;
   31         requiring reporting of on-campus crime statistics;
   32         amending s. 1000.04, F.S.; providing that the Dan
   33         Marino Foundation Florida Vocational College is a
   34         component of the delivery of public education within
   35         Florida’s K-20 education system; amending s. 1001.20,
   36         F.S.; authorizing investigations by the Office of
   37         Inspector General within the Department of Education;
   38         providing an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. The Dan Marino Foundation Florida Vocational
   43  College.
   44         (1)RESPONSIBILITIES.The Dan Marino Foundation Florida
   45  Vocational College is established in Broward County, Florida, as
   46  a state-supported residential school that provides students who
   47  have developmental disabilities, who are 18 to 26 years of age,
   48  and who are no longer eligible for exceptional student education
   49  funding due to age or who have graduated from high school the
   50  opportunity to obtain a postsecondary education on a college
   51  campus setting. The school shall be a component of the delivery
   52  of public education within Florida’s K-20 education system and
   53  shall be funded through the Department of Education. The school
   54  shall provide educational programs and support services
   55  appropriate to meet the educational and related evaluation and
   56  counseling needs of students who have developmental disabilities
   57  and who meet the enrollment criteria. Unless otherwise provided
   58  by law, the school shall comply with all laws and rules
   59  applicable to state agencies. Educational services may be
   60  provided on an outreach basis for students who have
   61  developmental disabilities and who are 18 to 26 years of age and
   62  to district school boards upon request.
   63         (2) MISSION.—The mission of the Dan Marino Foundation
   64  Florida Vocational College is to provide an appropriate public
   65  education for eligible Florida students who have developmental
   66  disabilities. As a school that provides programs for attaining
   67  vocational, life, social, and independent living skills, the
   68  school shall strive to provide students with an opportunity to
   69  develop skills fostering their independence in a caring, safe,
   70  and unique learning environment, to prepare them to be an
   71  integral part of the community, and to allow them to become
   72  significantly less dependent on government funding. The school
   73  shall provide outreach services that include collaboration with
   74  employers, district school boards, and community organizations
   75  and shall encourage input from students, staff, parents, and the
   76  community. As a diverse organization, the school shall foster
   77  respect and understanding for each individual.
   78         (3) AUDITS.—The Auditor General shall conduct annual audits
   79  of the accounts and records of the Dan Marino Foundation Florida
   80  Vocational College. The Department of Education’s inspector
   81  general may conduct investigations at the school in accordance
   82  with s. 1001.20(4)(e), Florida Statutes.
   83         (4) BOARD OF TRUSTEES.—
   84         (a) A Board of Trustees for the Dan Marino Foundation
   85  Florida Vocational College is created and shall consist of seven
   86  members who are appointed by the Governor and subject to
   87  confirmation by the Senate. Of these seven members, one shall be
   88  the chair of the Dan Marino Foundation, one shall be the chief
   89  executive officer of the Dan Marino Foundation, and two shall be
   90  persons who have developmental disabilities. Each board member
   91  must have been a resident of the state for at least 10 years
   92  before his or her appointment. The term of office of each member
   93  shall be 4 years. The Governor may remove any member for cause
   94  and shall fill all vacancies that occur.
   95         (b)The board of trustees shall elect a chair annually. The
   96  trustees are entitled to reimbursement for travel expenses
   97  pursuant to s. 112.061, Florida Statutes, the accounts of which
   98  shall be paid by the Chief Financial Officer upon itemized
   99  vouchers duly approved by the chair.
  100         (c)The board of trustees may adopt rules to administer
  101  this section and relating to the operation of the Dan Marino
  102  Foundation Florida Vocational College. The board shall submit
  103  the rules to the State Board of Education for approval or
  104  disapproval. After a rule is approved by the state board, the
  105  rule shall be filed immediately with the Department of State.
  106  The board of trustees shall act at all times in conjunction with
  107  the rules of the State Board of Education.
  108         (d)The board of trustees is a body corporate and shall
  109  have a corporate seal. Unless otherwise provided by law, all
  110  actions of the board of trustees shall be consistent with all
  111  laws and rules applicable to state agencies. Title to any gift,
  112  donation, or bequest received by the board of trustees pursuant
  113  to subparagraph (e)11., shall vest in the board of trustees.
  114  Title to all other property and other assets of the Dan Marino
  115  Foundation Florida Vocational College shall vest in the State
  116  Board of Education; however, the board of trustees shall have
  117  complete jurisdiction over the management of the school.
  118         (e)The board of trustees is invested with full power and
  119  authority to:
  120         1.Appoint a president, faculty, teachers, and other
  121  employees, to remove the same as in its judgment may be best,
  122  and to fix their compensation.
  123         2.Procure professional services, including, but not
  124  limited to, medical, mental health, architectural, and
  125  engineering services.
  126         3.Procure legal services without the prior written
  127  approval of the Attorney General.
  128         4.Determine eligibility of students and the procedure for
  129  admission.
  130         5.Provide students with necessary bedding, clothing, food,
  131  and medical attendance and such other things as may be proper
  132  for the health and comfort of the students without cost to their
  133  parents, except that the board of trustees may set tuition and
  134  other fees for nonresidents.
  135         6.Provide for the proper keeping of accounts and records
  136  and for budgeting of funds.
  137         7.Enter into contracts.
  138         8.Sue and be sued.
  139         9.Secure public liability insurance.
  140         10.Do and perform every other matter or thing necessary to
  141  the proper management, maintenance, support, and control of the
  142  school at the highest efficiency economically possible, taking
  143  into consideration the purposes of the establishment.
  144         11.Receive gifts, donations, and bequests of money or
  145  property, real or personal, tangible or intangible, from any
  146  person, firm, corporation, or other legal entity. However, the
  147  board of trustees may not obligate the state to any expenditure
  148  or policy that is not specifically authorized by law. If a bill
  149  of sale, will, trust indenture, deed, or other legal conveyance
  150  specifies terms and conditions concerning the use of such money
  151  or property, the board of trustees shall observe such terms and
  152  conditions.
  153         12.Deposit outside the State Treasury such moneys as are
  154  received as gifts, donations, or bequests and may disburse and
  155  expend such moneys, upon its own warrant, for the use and
  156  benefit of the Dan Marino Foundation Florida Vocational College
  157  and its students as the board of trustees deems to be in the
  158  best interest of the school and its students. This money or
  159  property is not a part of any legislative appropriation.
  160         13.Sell or convey by bill of sale, deed, or other legal
  161  instrument any property, real or personal, received as a gift,
  162  donation, or bequest upon such terms and conditions as the board
  163  of trustees deems to be in the best interest of the school and
  164  its students.
  165         14.Invest such moneys in securities enumerated under s.
  166  215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
  167  The Common Fund, an Investment Management Fund exclusively for
  168  nonprofit educational institutions.
  169         (f)The board of trustees shall:
  170         1.Prepare and submit legislative budget requests for
  171  operations and fixed capital outlay, in accordance with chapter
  172  216, Florida Statutes, to the Department of Education for review
  173  and approval. The department shall analyze the amount requested
  174  for fixed capital outlay to determine whether the request is
  175  consistent with the colleges campus master plan, educational
  176  plant survey, and facilities master plan. Projections of
  177  facility space needs may exceed the norm space and occupant
  178  design criteria established in the State Requirements for
  179  Educational Facilities.
  180         2.Approve and administer an annual operating budget.
  181         3.Require all funds received, other than gifts, donations,
  182  bequests, funds raised by or belonging to student clubs or
  183  student organizations, and funds held for specific students or
  184  in accounts for individual students, to be deposited in the
  185  State Treasury and expended as authorized in the General
  186  Appropriations Act.
  187         4.Require all purchases to be in accordance with chapter
  188  287, Florida Statutes, except for purchases made with funds
  189  received as gifts, donations, or bequests; funds raised by or
  190  belonging to student clubs or student organizations; and funds
  191  held for specific students or in accounts for individual
  192  students.
  193         5.Administer and maintain personnel programs for all
  194  employees of the board of trustees and the Dan Marino Foundation
  195  Florida Vocational College. Such employees shall be state
  196  employees, except that the classification and pay plan for
  197  academic personnel and academic administrative personnel of the
  198  school shall be set by the board of trustees, subject only to
  199  the approval of the State Board of Education. Such employees
  200  shall be subject to the provisions of chapter 110, Florida
  201  Statutes, and the provisions of law that grant authority to the
  202  Department of Management Services over such programs for state
  203  employees.
  204         6.Give preference in appointment and retention in
  205  positions of employment as provided in s. 295.07(1), Florida
  206  Statutes.
  207         7.Ensure that the Dan Marino Foundation Florida Vocational
  208  College coordinates planning with local governing bodies for
  209  educational facility construction.
  210         8.Ensure that the Dan Marino Foundation Florida Vocational
  211  College complies with s. 112.061, Florida Statutes, concerning
  212  per diem and travel expenses of public officers, employees, and
  213  authorized persons with respect to all funds other than funds
  214  received as gifts, donations, or bequests; funds raised by or
  215  belonging to student clubs or student organizations; and funds
  216  held for specific students or in accounts for individual
  217  students.
  218         9.Adopt a master plan that specifies the mission and
  219  objectives of the Dan Marino Foundation Florida Vocational
  220  College. The plan shall include, but not be limited to,
  221  procedures for systematically measuring the schools progress
  222  toward meeting its objectives, analyzing changes in the student
  223  population, and modifying school programs and services to
  224  respond to such changes. The plan shall be implemented for a
  225  period of 5 years and shall be reviewed for needed modifications
  226  every 2 years. The board of trustees shall submit the initial
  227  plan and subsequent modifications to the President of the Senate
  228  and the Speaker of the House of Representatives.
  229         (5)STUDENT AND EMPLOYEE PERSONNEL RECORDS.The Board of
  230  Trustees for the Dan Marino Foundation Florida Vocational
  231  College shall provide for the content and custody of student and
  232  employee personnel records. Student records shall be subject to
  233  s. 1006.52, Florida Statutes. Employee personnel records shall
  234  be subject to part IV of chapter 1012, Florida Statutes.
  235         (6)LEGAL SERVICES.The Board of Trustees for the Dan
  236  Marino Foundation Florida Vocational College may provide legal
  237  services for officers and employees of the board of trustees who
  238  are charged with civil or criminal actions arising out of and in
  239  the course of the performance of assigned duties and
  240  responsibilities. The board of trustees may provide for
  241  reimbursement of reasonable expenses for legal services for
  242  officers and employees of the board of trustees who are charged
  243  with civil or criminal actions arising out of and in the course
  244  of the performance of assigned duties and responsibilities upon
  245  successful defense of the officer or employee. However, in any
  246  case in which the officer or employee pleads guilty or nolo
  247  contendere to or is found guilty of any such action, the officer
  248  or employee shall reimburse the board of trustees for any legal
  249  services that the board of trustees may have supplied pursuant
  250  to this section. The board of trustees may also reimburse an
  251  officer or employee for any judgment that may be entered against
  252  him or her in a civil action arising out of and in the course of
  253  the performance of his or her assigned duties and
  254  responsibilities. Each expenditure by the board of trustees for
  255  legal defense of an officer or employee, or for reimbursement
  256  pursuant to this section, shall be made at a public meeting with
  257  notice pursuant to s. 120.525(1), Florida Statutes. The
  258  provision of such legal services or reimbursement under the
  259  conditions described in this subsection is declared to be a
  260  school purpose for which school funds may be expended.
  261         (7)PERSONNEL SCREENING.
  262         (a)The Board of Trustees of the Dan Marino Foundation
  263  Florida Vocational College shall, because of the special trust
  264  or responsibility of employees of the school, require all
  265  employees and applicants for employment to undergo personnel
  266  screening and security background investigations as provided in
  267  chapter 435, Florida Statutes, using the level 2 standards for
  268  screening set forth in that chapter, as a condition of
  269  employment and continued employment. The cost of a personnel
  270  screening and security background investigation for an employee
  271  of the school shall be paid by the school. The cost of such a
  272  screening and investigation for an applicant for employment may
  273  be paid by the school.
  274         (b)As a prerequisite for initial and continuing employment
  275  at the Dan Marino Foundation Florida Vocational College:
  276         1.The applicant or employee shall submit to the Dan Marino
  277  Foundation Florida Vocational College a complete set of
  278  fingerprints taken by an authorized law enforcement agency or an
  279  employee of the Dan Marino Foundation Florida Vocational College
  280  who is trained to take fingerprints. The Dan Marino Foundation
  281  Florida Vocational College shall submit the fingerprints to the
  282  Department of Law Enforcement for state processing and the
  283  Federal Bureau of Investigation for federal processing.
  284         2.a.The applicant or employee shall, under penalty of
  285  perjury, attest to the minimum standards for good moral
  286  character as provided in chapter 435, Florida Statutes, using
  287  the level 2 standards set forth in that chapter.
  288         b.New personnel shall be on probationary status pending a
  289  determination of compliance with such minimum standards for good
  290  moral character. This sub-subparagraph is in addition to any
  291  probationary status provided for by state law or rules or
  292  collective bargaining contracts of the Dan Marino Foundation
  293  Florida Vocational College.
  294         (c)The Dan Marino Foundation Florida Vocational College
  295  shall review the record of the applicant or employee with
  296  respect to the crimes described in s. 435.04, Florida Statutes,
  297  and shall notify the applicant or employee of its findings. When
  298  disposition information is missing on a criminal record, it
  299  shall be the responsibility of the applicant or employee, upon
  300  request of the Dan Marino Foundation Florida Vocational College,
  301  to obtain the missing disposition information and supply such
  302  information within 30 days to the Dan Marino Foundation Florida
  303  Vocational College. Failure to supply missing information within
  304  30 days or to show reasonable efforts to obtain such information
  305  shall result in automatic disqualification of an applicant and
  306  automatic termination of an employee.
  307         (d)After an initial personnel screening and security
  308  background investigation, written notification shall be given to
  309  the affected employee within a reasonable time prior to any
  310  subsequent screening and investigation.
  311         (e)The Dan Marino Foundation Florida Vocational College
  312  may grant exemptions from disqualification as provided in s.
  313  435.07, Florida Statutes.
  314         (f)The Dan Marino Foundation Florida Vocational College
  315  may not use the criminal records, private investigator findings,
  316  or information from reference checks obtained by the school
  317  pursuant to this section for any purpose other than determining
  318  whether a person meets the minimum standards for good moral
  319  character for personnel employed by the school.
  320         (g)It is a misdemeanor of the first degree, punishable as
  321  provided in s. 775.082 or s. 775.083, Florida Statutes, for any
  322  person willfully, knowingly, or intentionally to:
  323         1.Fail, by false statement, misrepresentation,
  324  impersonation, or other fraudulent means, to disclose in any
  325  application for voluntary or paid employment a material fact
  326  used in making a determination as to such persons
  327  qualifications for a position of special trust.
  328         2.Use the criminal records, private investigator findings,
  329  or information from reference checks obtained under this section
  330  or information obtained from such records or findings, or to
  331  release such information or records to any person, for purposes
  332  other than screening for employment.
  333         (8)CAMPUS POLICE.
  334         (a)The Board of Trustees for the Dan Marino Foundation
  335  Florida Vocational College is permitted and empowered to employ
  336  police officers for the school. Such officers must be designated
  337  as the Dan Marino Foundation Florida Vocational College campus
  338  police.
  339         (b)Each Dan Marino Foundation Florida Vocational College
  340  campus police officer is a law enforcement officer of the state
  341  and a conservator of the peace who has the authority to arrest,
  342  in accordance with the laws of this state, any person for a
  343  violation of state law or any applicable county or municipal
  344  ordinance if that violation occurs on or in any property or
  345  facility of the school. A campus police officer may also arrest
  346  a person off campus for a violation committed on campus after a
  347  hot pursuit of that person that began on campus. A campus police
  348  officer shall have full authority to bear arms in the
  349  performance of the officers duties and carry out a search
  350  pursuant to a search warrant on the campus. The Dan Marino
  351  Foundation Florida Vocational College campus police, upon
  352  request of the sheriff or local police authority, may serve
  353  subpoenas or other legal process and may make arrests of persons
  354  against whom arrest warrants have been issued or against whom
  355  charges have been made for violations of federal or state laws
  356  or county or municipal ordinances. Campus police officers may
  357  enforce traffic laws within the boundaries of the campus in
  358  accordance with chapter 316, Florida Statutes.
  359         (c)The campus police shall promptly deliver any person
  360  arrested and charged with a felony to the sheriff of the county
  361  in which the school is located and any person arrested and
  362  charged with a misdemeanor to the applicable authority as
  363  provided by law or to the sheriff of the county in which the
  364  school is located.
  365         (d)The campus police must meet the minimum standards
  366  established by the Criminal Justice Standards and Training
  367  Commission of the Department of Law Enforcement and chapter 943,
  368  Florida Statutes, for law enforcement officers. Each campus
  369  police officer must, before entering into the performance of the
  370  officers duties, take the oath of office established by the
  371  board of trustees. The board of trustees must provide a uniform
  372  set of identifying credentials to each campus police officer it
  373  employs.
  374         (e)In performance of any of the powers, duties, or
  375  functions authorized by law, campus police have the same rights,
  376  protections, and immunities afforded other law enforcement
  377  officers.
  378         (f)The board of trustees shall adopt rules, including,
  379  without limitation, rules for the appointment, employment, and
  380  removal of campus police in accordance with the State Career
  381  Service System and shall establish in writing a policy manual
  382  that includes, without limitation, procedures for managing
  383  routine law enforcement situations and emergency law enforcement
  384  situations. The board of trustees shall furnish a copy of the
  385  policy manual to each campus police officer it employs. A campus
  386  police officer employed by the board of trustees must have
  387  completed the training required by the school in the special
  388  needs of and proper procedures for dealing with students served
  389  by the school.
  390         (9)REPORT OF CAMPUS CRIME STATISTICS.
  391         (a)The school shall prepare an annual report of statistics
  392  of crimes committed on its campus and shall submit the report to
  393  the board of trustees and the Commissioner of Education. The
  394  data for the report may be taken from the annual report of the
  395  Department of Law Enforcement. The board of trustees shall
  396  prescribe the form for submission of the report.
  397         (b)The school shall prepare an annual report of statistics
  398  of crimes committed on its campus for the preceding 3 years. The
  399  school shall give students and prospective students notice that
  400  this report is available upon request.
  401         Section 2. Subsection (5) is added to section 1000.04,
  402  Florida Statutes, to read:
  403         1000.04 Components for the delivery of public education
  404  within the Florida K-20 education system.—Florida’s K-20
  405  education system provides for the delivery of public education
  406  through publicly supported and controlled K-12 schools,
  407  community colleges, state universities and other postsecondary
  408  educational institutions, other educational institutions, and
  409  other educational services as provided or authorized by the
  410  Constitution and laws of the state.
  411         (5)THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.
  412  The Dan Marino Foundation Florida Vocational College is a
  413  component of the delivery of public education within Floridas
  414  K-20 education system.
  415         Section 3. Paragraph (e) of subsection (4) of section
  416  1001.20, Florida Statutes, is amended to read:
  417         1001.20 Department under direction of state board.—
  418         (4) The Department of Education shall establish the
  419  following offices within the Office of the Commissioner of
  420  Education which shall coordinate their activities with all other
  421  divisions and offices:
  422         (e) Office of Inspector General.—Organized using existing
  423  resources and funds and responsible for promoting
  424  accountability, efficiency, and effectiveness and detecting
  425  fraud and abuse within school districts, the Florida School for
  426  the Deaf and the Blind, the Dan Marino Foundation Florida
  427  Vocational College, and community colleges in Florida. If the
  428  Commissioner of Education determines that a district school
  429  board, the Board of Trustees for the Florida School for the Deaf
  430  and the Blind, the Board of Trustees for the Dan Marino
  431  Foundation Florida Vocational College, or a community college
  432  board of trustees is unwilling or unable to address
  433  substantiated allegations made by any person relating to waste,
  434  fraud, or financial mismanagement within the school district,
  435  the Florida School for the Deaf and the Blind, the Dan Marino
  436  Foundation Florida Vocational College, or the community college,
  437  the office shall conduct, coordinate, or request investigations
  438  into such substantiated allegations. The office shall have
  439  access to all information and personnel necessary to perform its
  440  duties and shall have all of its current powers, duties, and
  441  responsibilities authorized in s. 20.055.
  442         Section 4. This act shall take effect July 1, 2011.