Florida Senate - 2011                                    SB 1616
       
       
       
       By Senator Flores
       
       
       
       
       38-01616-11                                           20111616__
    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 have graduated from high school the opportunity to
   49  obtain a postsecondary education on a college campus setting.
   50  The school shall be a component of the delivery of public
   51  education within Florida’s K-20 education system and shall be
   52  funded through the Department of Education. The school shall
   53  provide educational programs and support services appropriate to
   54  meet the educational and related evaluation and counseling needs
   55  of students who have developmental disabilities and who meet the
   56  enrollment criteria. Unless otherwise provided by law, the
   57  school shall comply with all laws and rules applicable to state
   58  agencies. Educational services may be provided on an outreach
   59  basis for students who have developmental disabilities and who
   60  are 18 to 26 years of age and to district school boards upon
   61  request.
   62         (2)MISSION.The mission of the Dan Marino Foundation
   63  Florida Vocational College is to provide an appropriate public
   64  education for eligible Florida students who have developmental
   65  disabilities. As a school that provides programs for attaining
   66  vocational, life, social, and independent living skills, the
   67  school shall strive to provide students with an opportunity to
   68  develop skills fostering their independence in a caring, safe,
   69  and unique learning environment, to prepare them to be an
   70  integral part of the community, and to allow them to become
   71  significantly less dependent on government funding. The school
   72  shall provide outreach services that include collaboration with
   73  employers, district school boards, and community organizations
   74  and shall encourage input from students, staff, parents, and the
   75  community. As a diverse organization, the school shall foster
   76  respect and understanding for each individual.
   77         (3)AUDITS.The Auditor General shall conduct annual audits
   78  of the accounts and records of the Dan Marino Foundation Florida
   79  Vocational College. The Department of Educations inspector
   80  general may conduct investigations at the school in accordance
   81  with s. 1001.20(4)(e), Florida Statutes.
   82         (4)BOARD OF TRUSTEES.
   83         (a)A Board of Trustees for the Dan Marino Foundation
   84  Florida Vocational College is created and shall consist of seven
   85  members who are appointed by the Governor and subject to
   86  confirmation by the Senate. Of these seven members, two shall be
   87  persons who have developmental disabilities. Each board member
   88  must have been a resident of the state for at least 10 years
   89  before his or her appointment. The term of office of each member
   90  shall be 4 years. The Governor may remove any member for cause
   91  and shall fill all vacancies that occur.
   92         (b)The board of trustees shall elect a chair annually. The
   93  trustees are entitled to reimbursement for travel expenses
   94  pursuant to s. 112.061, Florida Statutes, the accounts of which
   95  shall be paid by the Chief Financial Officer upon itemized
   96  vouchers duly approved by the chair.
   97         (c)The board of trustees may adopt rules to administer
   98  this section and relating to the operation of the Dan Marino
   99  Foundation Florida Vocational College. The board shall submit
  100  the rules to the State Board of Education for approval or
  101  disapproval. After a rule is approved by the state board, the
  102  rule shall be filed immediately with the Department of State.
  103  The board of trustees shall act at all times in conjunction with
  104  the rules of the State Board of Education.
  105         (d)The board of trustees is a body corporate and shall
  106  have a corporate seal. Unless otherwise provided by law, all
  107  actions of the board of trustees shall be consistent with all
  108  laws and rules applicable to state agencies. Title to any gift,
  109  donation, or bequest received by the board of trustees pursuant
  110  to subparagraph (e)11., shall vest in the board of trustees.
  111  Title to all other property and other assets of the Dan Marino
  112  Foundation Florida Vocational College shall vest in the State
  113  Board of Education; however, the board of trustees shall have
  114  complete jurisdiction over the management of the school.
  115         (e)The board of trustees is invested with full power and
  116  authority to:
  117         1.Appoint a president, faculty, teachers, and other
  118  employees, to remove the same as in its judgment may be best,
  119  and to fix their compensation.
  120         2.Procure professional services, including, but not
  121  limited to, medical, mental health, architectural, and
  122  engineering services.
  123         3.Procure legal services without the prior written
  124  approval of the Attorney General.
  125         4.Determine eligibility of students and the procedure for
  126  admission.
  127         5.Provide students with necessary bedding, clothing, food,
  128  and medical attendance and such other things as may be proper
  129  for the health and comfort of the students without cost to their
  130  parents, except that the board of trustees may set tuition and
  131  other fees for nonresidents.
  132         6.Provide for the proper keeping of accounts and records
  133  and 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 to
  138  the proper management, maintenance, support, and control of the
  139  school at the highest efficiency economically possible, taking
  140  into consideration the purposes of the establishment.
  141         11.Receive gifts, donations, and bequests of money or
  142  property, real or personal, tangible or intangible, from any
  143  person, firm, corporation, or other legal entity. However, the
  144  board of trustees may not obligate the state to any expenditure
  145  or policy that is not specifically authorized by law. If a bill
  146  of sale, will, trust indenture, deed, or other legal conveyance
  147  specifies terms and conditions concerning the use of such money
  148  or property, the board of trustees shall observe such terms and
  149  conditions.
  150         12.Deposit outside the State Treasury such moneys as are
  151  received as gifts, donations, or bequests and may disburse and
  152  expend such moneys, upon its own warrant, for the use and
  153  benefit of the Dan Marino Foundation Florida Vocational College
  154  and its students as the board of trustees deems to be in the
  155  best interest of the school and its students. This money or
  156  property is not a part of any legislative appropriation.
  157         13.Sell or convey by bill of sale, deed, or other legal
  158  instrument any property, real or personal, received as a gift,
  159  donation, or bequest upon such terms and conditions as the board
  160  of trustees deems to be in the best interest of the school and
  161  its students.
  162         14.Invest such moneys in securities enumerated under s.
  163  215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
  164  The Common Fund, an Investment Management Fund exclusively for
  165  nonprofit educational institutions.
  166         (f)The board of trustees shall:
  167         1.Prepare and submit legislative budget requests for
  168  operations and fixed capital outlay, in accordance with chapter
  169  216, Florida Statutes, to the Department of Education for review
  170  and approval. The department shall analyze the amount requested
  171  for fixed capital outlay to determine whether the request is
  172  consistent with the colleges campus master plan, educational
  173  plant survey, and facilities master plan. Projections of
  174  facility space needs may exceed the norm space and occupant
  175  design criteria established in the State Requirements for
  176  Educational Facilities.
  177         2.Approve and administer an annual operating budget.
  178         3.Require all funds received, other than gifts, donations,
  179  bequests, funds raised by or belonging to student clubs or
  180  student organizations, and funds held for specific students or
  181  in accounts for individual students, to be deposited in the
  182  State Treasury and expended as authorized in the General
  183  Appropriations Act.
  184         4.Require all purchases to be in accordance with chapter
  185  287, Florida Statutes, except for purchases made with funds
  186  received as gifts, donations, or bequests; funds raised by or
  187  belonging to student clubs or student organizations; and funds
  188  held for specific students or in accounts for individual
  189  students.
  190         5.Administer and maintain personnel programs for all
  191  employees of the board of trustees and the Dan Marino Foundation
  192  Florida Vocational College. Such employees shall be state
  193  employees, except that the classification and pay plan for
  194  academic personnel and academic administrative personnel of the
  195  school shall be set by the board of trustees, subject only to
  196  the approval of the State Board of Education. Such employees
  197  shall be subject to the provisions of chapter 110, Florida
  198  Statutes, and the provisions of law that grant authority to the
  199  Department of Management Services over such programs for state
  200  employees.
  201         6.Give preference in appointment and retention in
  202  positions of employment as provided in s. 295.07(1), Florida
  203  Statutes.
  204         7.Ensure that the Dan Marino Foundation Florida Vocational
  205  College coordinates planning with local governing bodies for
  206  educational facility construction.
  207         8.Ensure that the Dan Marino Foundation Florida Vocational
  208  College complies with s. 112.061, Florida Statutes, concerning
  209  per diem and travel expenses of public officers, employees, and
  210  authorized persons with respect to all funds other than funds
  211  received as gifts, donations, or bequests; funds raised by or
  212  belonging to student clubs or student organizations; and funds
  213  held for specific students or in accounts for individual
  214  students.
  215         9.Adopt a master plan that specifies the mission and
  216  objectives of the Dan Marino Foundation Florida Vocational
  217  College. The plan shall include, but not be limited to,
  218  procedures for systematically measuring the schools progress
  219  toward meeting its objectives, analyzing changes in the student
  220  population, and modifying school programs and services to
  221  respond to such changes. The plan shall be implemented for a
  222  period of 5 years and shall be reviewed for needed modifications
  223  every 2 years. The board of trustees shall submit the initial
  224  plan and subsequent modifications to the President of the Senate
  225  and the Speaker of the House of Representatives.
  226         (5)STUDENT AND EMPLOYEE PERSONNEL RECORDS.The Board of
  227  Trustees for the Dan Marino Foundation Florida Vocational
  228  College shall provide for the content and custody of student and
  229  employee personnel records. Student records shall be subject to
  230  s. 1006.52, Florida Statutes. Employee personnel records shall
  231  be subject to part IV of chapter 1012, Florida Statutes.
  232         (6)LEGAL SERVICES.The Board of Trustees for the Dan
  233  Marino Foundation Florida Vocational College may provide legal
  234  services for officers and employees of the board of trustees who
  235  are charged with civil or criminal actions arising out of and in
  236  the course of the performance of assigned duties and
  237  responsibilities. The board of trustees may provide for
  238  reimbursement of reasonable expenses for legal services for
  239  officers and employees of the board of trustees who are charged
  240  with civil or criminal actions arising out of and in the course
  241  of the performance of assigned duties and responsibilities upon
  242  successful defense of the officer or employee. However, in any
  243  case in which the officer or employee pleads guilty or nolo
  244  contendere to or is found guilty of any such action, the officer
  245  or employee shall reimburse the board of trustees for any legal
  246  services that the board of trustees may have supplied pursuant
  247  to this section. The board of trustees may also reimburse an
  248  officer or employee for any judgment that may be entered against
  249  him or her in a civil action arising out of and in the course of
  250  the performance of his or her assigned duties and
  251  responsibilities. Each expenditure by the board of trustees for
  252  legal defense of an officer or employee, or for reimbursement
  253  pursuant to this section, shall be made at a public meeting with
  254  notice pursuant to s. 120.525(1), Florida Statutes. The
  255  provision of such legal services or reimbursement under the
  256  conditions described in this subsection is declared to be a
  257  school purpose for which school funds may be expended.
  258         (7)PERSONNEL SCREENING.
  259         (a)The Board of Trustees of the Dan Marino Foundation
  260  Florida Vocational College shall, because of the special trust
  261  or responsibility of employees of the school, require all
  262  employees and applicants for employment to undergo personnel
  263  screening and security background investigations as provided in
  264  chapter 435, Florida Statutes, using the level 2 standards for
  265  screening set forth in that chapter, as a condition of
  266  employment and continued employment. The cost of a personnel
  267  screening and security background investigation for an employee
  268  of the school shall be paid by the school. The cost of such a
  269  screening and investigation for an applicant for employment may
  270  be paid by the school.
  271         (b)As a prerequisite for initial and continuing employment
  272  at the Dan Marino Foundation Florida Vocational College:
  273         1.The applicant or employee shall submit to the Dan Marino
  274  Foundation Florida Vocational College a complete set of
  275  fingerprints taken by an authorized law enforcement agency or an
  276  employee of the Dan Marino Foundation Florida Vocational College
  277  who is trained to take fingerprints. The Dan Marino Foundation
  278  Florida Vocational College shall submit the fingerprints to the
  279  Department of Law Enforcement for state processing and the
  280  Federal Bureau of Investigation for federal processing.
  281         2.a.The applicant or employee shall, under penalty of
  282  perjury, attest to the minimum standards for good moral
  283  character as provided in chapter 435, Florida Statutes, using
  284  the level 2 standards set forth in that chapter.
  285         b.New personnel shall be on probationary status pending a
  286  determination of compliance with such minimum standards for good
  287  moral character. This sub-subparagraph is in addition to any
  288  probationary status provided for by state law or rules or
  289  collective bargaining contracts of the Dan Marino Foundation
  290  Florida Vocational College.
  291         (c)The Dan Marino Foundation Florida Vocational College
  292  shall review the record of the applicant or employee with
  293  respect to the crimes described in s. 435.04, Florida Statutes,
  294  and shall notify the applicant or employee of its findings. When
  295  disposition information is missing on a criminal record, it
  296  shall be the responsibility of the applicant or employee, upon
  297  request of the Dan Marino Foundation Florida Vocational College,
  298  to obtain the missing disposition information and supply such
  299  information within 30 days to the Dan Marino Foundation Florida
  300  Vocational College. Failure to supply missing information within
  301  30 days or to show reasonable efforts to obtain such information
  302  shall result in automatic disqualification of an applicant and
  303  automatic termination of an employee.
  304         (d)After an initial personnel screening and security
  305  background investigation, written notification shall be given to
  306  the affected employee within a reasonable time prior to any
  307  subsequent screening and investigation.
  308         (e)The Dan Marino Foundation Florida Vocational College
  309  may grant exemptions from disqualification as provided in s.
  310  435.07, Florida Statutes.
  311         (f)The Dan Marino Foundation Florida Vocational College
  312  may not use the criminal records, private investigator findings,
  313  or information from reference checks obtained by the school
  314  pursuant to this section for any purpose other than determining
  315  whether a person meets the minimum standards for good moral
  316  character for personnel employed by the school.
  317         (g)It is a misdemeanor of the first degree, punishable as
  318  provided in s. 775.082 or s. 775.083, Florida Statutes, for any
  319  person willfully, knowingly, or intentionally to:
  320         1.Fail, by false statement, misrepresentation,
  321  impersonation, or other fraudulent means, to disclose in any
  322  application for voluntary or paid employment a material fact
  323  used in making a determination as to such persons
  324  qualifications for a position of special trust.
  325         2.Use the criminal records, private investigator findings,
  326  or information from reference checks obtained under this section
  327  or information obtained from such records or findings, or to
  328  release such information or records to any person, for purposes
  329  other than screening for employment.
  330         (8)CAMPUS POLICE.
  331         (a)The Board of Trustees for the Dan Marino Foundation
  332  Florida Vocational College is permitted and empowered to employ
  333  police officers for the school. Such officers must be designated
  334  as the Dan Marino Foundation Florida Vocational College campus
  335  police.
  336         (b)Each Dan Marino Foundation Florida Vocational College
  337  campus police officer is a law enforcement officer of the state
  338  and a conservator of the peace who has the authority to arrest,
  339  in accordance with the laws of this state, any person for a
  340  violation of state law or any applicable county or municipal
  341  ordinance if that violation occurs on or in any property or
  342  facility of the school. A campus police officer may also arrest
  343  a person off campus for a violation committed on campus after a
  344  hot pursuit of that person that began on campus. A campus police
  345  officer shall have full authority to bear arms in the
  346  performance of the officers duties and carry out a search
  347  pursuant to a search warrant on the campus. The Dan Marino
  348  Foundation Florida Vocational College campus police, upon
  349  request of the sheriff or local police authority, may serve
  350  subpoenas or other legal process and may make arrests of persons
  351  against whom arrest warrants have been issued or against whom
  352  charges have been made for violations of federal or state laws
  353  or county or municipal ordinances. Campus police officers may
  354  enforce traffic laws within the boundaries of the campus in
  355  accordance with chapter 316, Florida Statutes.
  356         (c)The campus police shall promptly deliver any person
  357  arrested and charged with a felony to the sheriff of the county
  358  in which the school is located and any person arrested and
  359  charged with a misdemeanor to the applicable authority as
  360  provided by law or to the sheriff of the county in which the
  361  school is located.
  362         (d)The campus police must meet the minimum standards
  363  established by the Criminal Justice Standards and Training
  364  Commission of the Department of Law Enforcement and chapter 943,
  365  Florida Statutes, for law enforcement officers. Each campus
  366  police officer must, before entering into the performance of the
  367  officers duties, take the oath of office established by the
  368  board of trustees. The board of trustees must provide a uniform
  369  set of identifying credentials to each campus police officer it
  370  employs.
  371         (e)In performance of any of the powers, duties, or
  372  functions authorized by law, campus police have the same rights,
  373  protections, and immunities afforded other law enforcement
  374  officers.
  375         (f)The board of trustees shall adopt rules, including,
  376  without limitation, rules for the appointment, employment, and
  377  removal of campus police in accordance with the State Career
  378  Service System and shall establish in writing a policy manual
  379  that includes, without limitation, procedures for managing
  380  routine law enforcement situations and emergency law enforcement
  381  situations. The board of trustees shall furnish a copy of the
  382  policy manual to each campus police officer it employs. A campus
  383  police officer employed by the board of trustees must have
  384  completed the training required by the school in the special
  385  needs of and proper procedures for dealing with students served
  386  by the school.
  387         (9)REPORT OF CAMPUS CRIME STATISTICS.
  388         (a)The school shall prepare an annual report of statistics
  389  of crimes committed on its campus and shall submit the report to
  390  the board of trustees and the Commissioner of Education. The
  391  data for the report may be taken from the annual report of the
  392  Department of Law Enforcement. The board of trustees shall
  393  prescribe the form for submission of the report.
  394         (b)The school shall prepare an annual report of statistics
  395  of crimes committed on its campus for the preceding 3 years. The
  396  school shall give students and prospective students notice that
  397  this report is available upon request.
  398         Section 2. Subsection (5) is added to section 1000.04,
  399  Florida Statutes, to read:
  400         1000.04 Components for the delivery of public education
  401  within the Florida K-20 education system.—Florida’s K-20
  402  education system provides for the delivery of public education
  403  through publicly supported and controlled K-12 schools,
  404  community colleges, state universities and other postsecondary
  405  educational institutions, other educational institutions, and
  406  other educational services as provided or authorized by the
  407  Constitution and laws of the state.
  408         (5)THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.
  409  The Dan Marino Foundation Florida Vocational College is a
  410  component of the delivery of public education within Floridas
  411  K-20 education system.
  412         Section 3. Paragraph (e) of subsection (4) of section
  413  1001.20, Florida Statutes, is amended to read:
  414         1001.20 Department under direction of state board.—
  415         (4) The Department of Education shall establish the
  416  following offices within the Office of the Commissioner of
  417  Education which shall coordinate their activities with all other
  418  divisions and offices:
  419         (e) Office of Inspector General.—Organized using existing
  420  resources and funds and responsible for promoting
  421  accountability, efficiency, and effectiveness and detecting
  422  fraud and abuse within school districts, the Florida School for
  423  the Deaf and the Blind, the Dan Marino Foundation Florida
  424  Vocational College, and community colleges in Florida. If the
  425  Commissioner of Education determines that a district school
  426  board, the Board of Trustees for the Florida School for the Deaf
  427  and the Blind, the Board of Trustees for the Dan Marino
  428  Foundation Florida Vocational College, or a community college
  429  board of trustees is unwilling or unable to address
  430  substantiated allegations made by any person relating to waste,
  431  fraud, or financial mismanagement within the school district,
  432  the Florida School for the Deaf and the Blind, the Dan Marino
  433  Foundation Florida Vocational College, or the community college,
  434  the office shall conduct, coordinate, or request investigations
  435  into such substantiated allegations. The office shall have
  436  access to all information and personnel necessary to perform its
  437  duties and shall have all of its current powers, duties, and
  438  responsibilities authorized in s. 20.055.
  439         Section 4. This act shall take effect July 1, 2011.