Florida Senate - 2011                             CS for SB 1616
       
       
       
       By the Committee on Higher Education; and Senator Flores
       
       
       
       
       589-02836-11                                          20111616c1
    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 Florida Vocational
   89  College, one shall be the chief executive officer of the Dan
   90  Marino Foundation Florida Vocational College, and two shall be
   91  persons who have developmental disabilities. Each board member
   92  must have been a resident of the state for at least 10 years
   93  before his or her appointment. The term of office of each member
   94  shall be 4 years. The Governor may remove any member for cause
   95  and shall fill all vacancies that occur.
   96         (b)The board of trustees shall elect a chair annually. The
   97  trustees are entitled to reimbursement for travel expenses
   98  pursuant to s. 112.061, Florida Statutes, the accounts of which
   99  shall be paid by the Chief Financial Officer upon itemized
  100  vouchers duly approved by the chair.
  101         (c)The board of trustees may adopt rules to administer
  102  this section and relating to the operation of the Dan Marino
  103  Foundation Florida Vocational College. The board shall submit
  104  the rules to the State Board of Education for approval or
  105  disapproval. After a rule is approved by the state board, the
  106  rule shall be filed immediately with the Department of State.
  107  The board of trustees shall act at all times in conjunction with
  108  the rules of the State Board of Education.
  109         (d)The board of trustees is a body corporate and shall
  110  have a corporate seal. Unless otherwise provided by law, all
  111  actions of the board of trustees shall be consistent with all
  112  laws and rules applicable to state agencies. Title to any gift,
  113  donation, or bequest received by the board of trustees pursuant
  114  to subparagraph (e)11., shall vest in the board of trustees.
  115  Title to all other property and other assets of the Dan Marino
  116  Foundation Florida Vocational College shall vest in the State
  117  Board of Education; however, the board of trustees shall have
  118  complete jurisdiction over the management of the school.
  119         (e)The board of trustees is invested with full power and
  120  authority to:
  121         1.Appoint a president, faculty, teachers, and other
  122  employees, to remove the same as in its judgment may be best,
  123  and to fix their compensation.
  124         2.Procure professional services, including, but not
  125  limited to, medical, mental health, architectural, and
  126  engineering services.
  127         3.Procure legal services without the prior written
  128  approval of the Attorney General.
  129         4.Determine eligibility of students and the procedure for
  130  admission.
  131         5.Provide students with necessary bedding, clothing, food,
  132  and medical attendance and such other things as may be proper
  133  for the health and comfort of the students without cost to their
  134  parents, except that the board of trustees may set tuition and
  135  other fees for nonresidents.
  136         6.Provide for the proper keeping of accounts and records
  137  and for budgeting of funds.
  138         7.Enter into contracts.
  139         8.Sue and be sued.
  140         9.Secure public liability insurance.
  141         10.Do and perform every other matter or thing necessary to
  142  the proper management, maintenance, support, and control of the
  143  school at the highest efficiency economically possible, taking
  144  into consideration the purposes of the establishment.
  145         11.Receive gifts, donations, and bequests of money or
  146  property, real or personal, tangible or intangible, from any
  147  person, firm, corporation, or other legal entity. However, the
  148  board of trustees may not obligate the state to any expenditure
  149  or policy that is not specifically authorized by law. If a bill
  150  of sale, will, trust indenture, deed, or other legal conveyance
  151  specifies terms and conditions concerning the use of such money
  152  or property, the board of trustees shall observe such terms and
  153  conditions.
  154         12.Deposit outside the State Treasury such moneys as are
  155  received as gifts, donations, or bequests and may disburse and
  156  expend such moneys, upon its own warrant, for the use and
  157  benefit of the Dan Marino Foundation Florida Vocational College
  158  and its students as the board of trustees deems to be in the
  159  best interest of the school and its students. This money or
  160  property is not a part of any legislative appropriation.
  161         13.Sell or convey by bill of sale, deed, or other legal
  162  instrument any property, real or personal, received as a gift,
  163  donation, or bequest upon such terms and conditions as the board
  164  of trustees deems to be in the best interest of the school and
  165  its students.
  166         14.Invest such moneys in securities enumerated under s.
  167  215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
  168  The Common Fund, an Investment Management Fund exclusively for
  169  nonprofit educational institutions.
  170         (f)The board of trustees shall:
  171         1.Prepare and submit legislative budget requests for
  172  operations and fixed capital outlay, in accordance with chapter
  173  216, Florida Statutes, to the Department of Education for review
  174  and approval. The department shall analyze the amount requested
  175  for fixed capital outlay to determine whether the request is
  176  consistent with the colleges campus master plan, educational
  177  plant survey, and facilities master plan. Projections of
  178  facility space needs may exceed the norm space and occupant
  179  design criteria established in the State Requirements for
  180  Educational Facilities.
  181         2.Approve and administer an annual operating budget.
  182         3.Require all funds received, other than gifts, donations,
  183  bequests, funds raised by or belonging to student clubs or
  184  student organizations, and funds held for specific students or
  185  in accounts for individual students, to be deposited in the
  186  State Treasury and expended as authorized in the General
  187  Appropriations Act.
  188         4.Require all purchases to be in accordance with chapter
  189  287, Florida Statutes, except for purchases made with funds
  190  received as gifts, donations, or bequests; funds raised by or
  191  belonging to student clubs or student organizations; and funds
  192  held for specific students or in accounts for individual
  193  students.
  194         5.Administer and maintain personnel programs for all
  195  employees of the board of trustees and the Dan Marino Foundation
  196  Florida Vocational College. Such employees shall be state
  197  employees, except that the classification and pay plan for
  198  academic personnel and academic administrative personnel of the
  199  school shall be set by the board of trustees, subject only to
  200  the approval of the State Board of Education. Such employees
  201  shall be subject to the provisions of chapter 110, Florida
  202  Statutes, and the provisions of law that grant authority to the
  203  Department of Management Services over such programs for state
  204  employees.
  205         6.Give preference in appointment and retention in
  206  positions of employment as provided in s. 295.07(1), Florida
  207  Statutes.
  208         7.Ensure that the Dan Marino Foundation Florida Vocational
  209  College coordinates planning with local governing bodies for
  210  educational facility construction.
  211         8.Ensure that the Dan Marino Foundation Florida Vocational
  212  College complies with s. 112.061, Florida Statutes, concerning
  213  per diem and travel expenses of public officers, employees, and
  214  authorized persons with respect to all funds other than funds
  215  received as gifts, donations, or bequests; funds raised by or
  216  belonging to student clubs or student organizations; and funds
  217  held for specific students or in accounts for individual
  218  students.
  219         9.Adopt a master plan that specifies the mission and
  220  objectives of the Dan Marino Foundation Florida Vocational
  221  College. The plan shall include, but not be limited to,
  222  procedures for systematically measuring the schools progress
  223  toward meeting its objectives, analyzing changes in the student
  224  population, and modifying school programs and services to
  225  respond to such changes. The plan shall be implemented for a
  226  period of 5 years and shall be reviewed for needed modifications
  227  every 2 years. The board of trustees shall submit the initial
  228  plan and subsequent modifications to the President of the Senate
  229  and the Speaker of the House of Representatives.
  230         (5)STUDENT AND EMPLOYEE PERSONNEL RECORDS.The Board of
  231  Trustees for the Dan Marino Foundation Florida Vocational
  232  College shall provide for the content and custody of student and
  233  employee personnel records. Student records shall be subject to
  234  s. 1006.52, Florida Statutes. Employee personnel records shall
  235  be subject to part IV of chapter 1012, Florida Statutes.
  236         (6)LEGAL SERVICES.The Board of Trustees for the Dan
  237  Marino Foundation Florida Vocational College may provide legal
  238  services for officers and employees of the board of trustees who
  239  are charged with civil or criminal actions arising out of and in
  240  the course of the performance of assigned duties and
  241  responsibilities. The board of trustees may provide for
  242  reimbursement of reasonable expenses for legal services for
  243  officers and employees of the board of trustees who are charged
  244  with civil or criminal actions arising out of and in the course
  245  of the performance of assigned duties and responsibilities upon
  246  successful defense of the officer or employee. However, in any
  247  case in which the officer or employee pleads guilty or nolo
  248  contendere to or is found guilty of any such action, the officer
  249  or employee shall reimburse the board of trustees for any legal
  250  services that the board of trustees may have supplied pursuant
  251  to this section. The board of trustees may also reimburse an
  252  officer or employee for any judgment that may be entered against
  253  him or her in a civil action arising out of and in the course of
  254  the performance of his or her assigned duties and
  255  responsibilities. Each expenditure by the board of trustees for
  256  legal defense of an officer or employee, or for reimbursement
  257  pursuant to this section, shall be made at a public meeting with
  258  notice pursuant to s. 120.525(1), Florida Statutes. The
  259  provision of such legal services or reimbursement under the
  260  conditions described in this subsection is declared to be a
  261  school purpose for which school funds may be expended.
  262         (7)PERSONNEL SCREENING.
  263         (a)The Board of Trustees of the Dan Marino Foundation
  264  Florida Vocational College shall, because of the special trust
  265  or responsibility of employees of the school, require all
  266  employees and applicants for employment to undergo personnel
  267  screening and security background investigations as provided in
  268  chapter 435, Florida Statutes, using the level 2 standards for
  269  screening set forth in that chapter, as a condition of
  270  employment and continued employment. The cost of a personnel
  271  screening and security background investigation for an employee
  272  of the school shall be paid by the school. The cost of such a
  273  screening and investigation for an applicant for employment may
  274  be paid by the school.
  275         (b)As a prerequisite for initial and continuing employment
  276  at the Dan Marino Foundation Florida Vocational College:
  277         1.The applicant or employee shall submit to the Dan Marino
  278  Foundation Florida Vocational College a complete set of
  279  fingerprints taken by an authorized law enforcement agency or an
  280  employee of the Dan Marino Foundation Florida Vocational College
  281  who is trained to take fingerprints. The Dan Marino Foundation
  282  Florida Vocational College shall submit the fingerprints to the
  283  Department of Law Enforcement for state processing and the
  284  Federal Bureau of Investigation for federal processing.
  285         2.a.The applicant or employee shall, under penalty of
  286  perjury, attest to the minimum standards for good moral
  287  character as provided in chapter 435, Florida Statutes, using
  288  the level 2 standards set forth in that chapter.
  289         b.New personnel shall be on probationary status pending a
  290  determination of compliance with such minimum standards for good
  291  moral character. This sub-subparagraph is in addition to any
  292  probationary status provided for by state law or rules or
  293  collective bargaining contracts of the Dan Marino Foundation
  294  Florida Vocational College.
  295         (c)The Dan Marino Foundation Florida Vocational College
  296  shall review the record of the applicant or employee with
  297  respect to the crimes described in s. 435.04, Florida Statutes,
  298  and shall notify the applicant or employee of its findings. When
  299  disposition information is missing on a criminal record, it
  300  shall be the responsibility of the applicant or employee, upon
  301  request of the Dan Marino Foundation Florida Vocational College,
  302  to obtain the missing disposition information and supply such
  303  information within 30 days to the Dan Marino Foundation Florida
  304  Vocational College. Failure to supply missing information within
  305  30 days or to show reasonable efforts to obtain such information
  306  shall result in automatic disqualification of an applicant and
  307  automatic termination of an employee.
  308         (d)After an initial personnel screening and security
  309  background investigation, written notification shall be given to
  310  the affected employee within a reasonable time prior to any
  311  subsequent screening and investigation.
  312         (e)The Dan Marino Foundation Florida Vocational College
  313  may grant exemptions from disqualification as provided in s.
  314  435.07, Florida Statutes.
  315         (f)The Dan Marino Foundation Florida Vocational College
  316  may not use the criminal records, private investigator findings,
  317  or information from reference checks obtained by the school
  318  pursuant to this section for any purpose other than determining
  319  whether a person meets the minimum standards for good moral
  320  character for personnel employed by the school.
  321         (g)It is a misdemeanor of the first degree, punishable as
  322  provided in s. 775.082 or s. 775.083, Florida Statutes, for any
  323  person willfully, knowingly, or intentionally to:
  324         1.Fail, by false statement, misrepresentation,
  325  impersonation, or other fraudulent means, to disclose in any
  326  application for voluntary or paid employment a material fact
  327  used in making a determination as to such persons
  328  qualifications for a position of special trust.
  329         2.Use the criminal records, private investigator findings,
  330  or information from reference checks obtained under this section
  331  or information obtained from such records or findings, or to
  332  release such information or records to any person, for purposes
  333  other than screening for employment.
  334         (8)CAMPUS POLICE.
  335         (a)The Board of Trustees for the Dan Marino Foundation
  336  Florida Vocational College is permitted and empowered to employ
  337  police officers for the school. Such officers must be designated
  338  as the Dan Marino Foundation Florida Vocational College campus
  339  police.
  340         (b)Each Dan Marino Foundation Florida Vocational College
  341  campus police officer is a law enforcement officer of the state
  342  and a conservator of the peace who has the authority to arrest,
  343  in accordance with the laws of this state, any person for a
  344  violation of state law or any applicable county or municipal
  345  ordinance if that violation occurs on or in any property or
  346  facility of the school. A campus police officer may also arrest
  347  a person off campus for a violation committed on campus after a
  348  hot pursuit of that person that began on campus. A campus police
  349  officer shall have full authority to bear arms in the
  350  performance of the officers duties and carry out a search
  351  pursuant to a search warrant on the campus. The Dan Marino
  352  Foundation Florida Vocational College campus police, upon
  353  request of the sheriff or local police authority, may serve
  354  subpoenas or other legal process and may make arrests of persons
  355  against whom arrest warrants have been issued or against whom
  356  charges have been made for violations of federal or state laws
  357  or county or municipal ordinances. Campus police officers may
  358  enforce traffic laws within the boundaries of the campus in
  359  accordance with chapter 316, Florida Statutes.
  360         (c)The campus police shall promptly deliver any person
  361  arrested and charged with a felony to the sheriff of the county
  362  in which the school is located and any person arrested and
  363  charged with a misdemeanor to the applicable authority as
  364  provided by law or to the sheriff of the county in which the
  365  school is located.
  366         (d)The campus police must meet the minimum standards
  367  established by the Criminal Justice Standards and Training
  368  Commission of the Department of Law Enforcement and chapter 943,
  369  Florida Statutes, for law enforcement officers. Each campus
  370  police officer must, before entering into the performance of the
  371  officers duties, take the oath of office established by the
  372  board of trustees. The board of trustees must provide a uniform
  373  set of identifying credentials to each campus police officer it
  374  employs.
  375         (e)In performance of any of the powers, duties, or
  376  functions authorized by law, campus police have the same rights,
  377  protections, and immunities afforded other law enforcement
  378  officers.
  379         (f)The board of trustees shall adopt rules, including,
  380  without limitation, rules for the appointment, employment, and
  381  removal of campus police in accordance with the State Career
  382  Service System and shall establish in writing a policy manual
  383  that includes, without limitation, procedures for managing
  384  routine law enforcement situations and emergency law enforcement
  385  situations. The board of trustees shall furnish a copy of the
  386  policy manual to each campus police officer it employs. A campus
  387  police officer employed by the board of trustees must have
  388  completed the training required by the school in the special
  389  needs of and proper procedures for dealing with students served
  390  by the school.
  391         (9)REPORT OF CAMPUS CRIME STATISTICS.
  392         (a)The school shall prepare an annual report of statistics
  393  of crimes committed on its campus and shall submit the report to
  394  the board of trustees and the Commissioner of Education. The
  395  data for the report may be taken from the annual report of the
  396  Department of Law Enforcement. The board of trustees shall
  397  prescribe the form for submission of the report.
  398         (b)The school shall prepare an annual report of statistics
  399  of crimes committed on its campus for the preceding 3 years. The
  400  school shall give students and prospective students notice that
  401  this report is available upon request.
  402         Section 2. Subsection (5) is added to section 1000.04,
  403  Florida Statutes, to read:
  404         1000.04 Components for the delivery of public education
  405  within the Florida K-20 education system.—Florida’s K-20
  406  education system provides for the delivery of public education
  407  through publicly supported and controlled K-12 schools,
  408  community colleges, state universities and other postsecondary
  409  educational institutions, other educational institutions, and
  410  other educational services as provided or authorized by the
  411  Constitution and laws of the state.
  412         (5)THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.
  413  The Dan Marino Foundation Florida Vocational College is a
  414  component of the delivery of public education within Floridas
  415  K-20 education system.
  416         Section 3. Paragraph (e) of subsection (4) of section
  417  1001.20, Florida Statutes, is amended to read:
  418         1001.20 Department under direction of state board.—
  419         (4) The Department of Education shall establish the
  420  following offices within the Office of the Commissioner of
  421  Education which shall coordinate their activities with all other
  422  divisions and offices:
  423         (e) Office of Inspector General.—Organized using existing
  424  resources and funds and responsible for promoting
  425  accountability, efficiency, and effectiveness and detecting
  426  fraud and abuse within school districts, the Florida School for
  427  the Deaf and the Blind, the Dan Marino Foundation Florida
  428  Vocational College, and community colleges in Florida. If the
  429  Commissioner of Education determines that a district school
  430  board, the Board of Trustees for the Florida School for the Deaf
  431  and the Blind, the Board of Trustees for the Dan Marino
  432  Foundation Florida Vocational College, or a community college
  433  board of trustees is unwilling or unable to address
  434  substantiated allegations made by any person relating to waste,
  435  fraud, or financial mismanagement within the school district,
  436  the Florida School for the Deaf and the Blind, the Dan Marino
  437  Foundation Florida Vocational College, or the community college,
  438  the office shall conduct, coordinate, or request investigations
  439  into such substantiated allegations. The office shall have
  440  access to all information and personnel necessary to perform its
  441  duties and shall have all of its current powers, duties, and
  442  responsibilities authorized in s. 20.055.
  443         Section 4. This act shall take effect July 1, 2011.