Florida Senate - 2012                                    SB 1270
       
       
       
       By Senator Flores
       
       
       
       
       38-01127A-12                                          20121270__
    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 residential postsecondary school for
    6         certain students who have developmental disabilities;
    7         providing funding for the school through the
    8         Department of Education subject to a specific one-time
    9         appropriation; providing the school’s mission;
   10         requiring that the school comply with the laws and
   11         rules applicable to state agencies unless otherwise
   12         provided by law; requiring that the school provide
   13         educational programs and support services; creating a
   14         board of trustees; providing membership, terms, and
   15         specifying powers and duties of the board; requiring
   16         that the board provide for the content and custody of
   17         student and employee personnel records; authorizing
   18         the board to provide legal services and reimbursement
   19         of expenses for officers and employees of the board;
   20         requiring that all employees and applicants for
   21         employment undergo personnel screening and security
   22         background investigations; providing a penalty for
   23         failure to disclose certain material facts and for use
   24         of confidential information for certain purposes;
   25         requiring reporting of on-campus crime statistics;
   26         amending s. 1000.04, F.S.; providing that the Dan
   27         Marino Foundation Florida Vocational College is a
   28         component of the delivery of public education within
   29         the Florida College System; amending s. 1001.20, F.S.;
   30         authorizing investigations by the Office of Inspector
   31         General within the Department of Education; providing
   32         an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. The Dan Marino Foundation Florida Vocational
   37  College.—
   38         (1) DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.—The
   39  Dan Marino Foundation Florida Vocational College is established
   40  in Broward County, Florida, as a residential school that
   41  provides students who have developmental disabilities, who are
   42  18 to 28 years of age, and who are no longer eligible for
   43  exceptional student education funding due to age or graduation
   44  from high school with the opportunity to obtain a postsecondary
   45  education on a college campus setting. The school shall be a
   46  component of the delivery of public education within the Florida
   47  College System and shall be funded through the Department of
   48  Education subject to a specific one-time appropriation.
   49         (2) MISSION.—The mission of the Dan Marino Foundation
   50  Florida Vocational College is to provide an appropriate
   51  education for eligible students who have developmental
   52  disabilities. As a school that provides programs for attaining
   53  vocational, life, social, and independent living skills, the
   54  school shall strive to provide students with an opportunity to
   55  develop skills fostering their independence in a caring, safe,
   56  and unique learning environment, to prepare them to be an
   57  integral part of the community, and to allow them to become
   58  significantly less dependent on government funding. As a diverse
   59  organization, the school shall strive to foster respect and
   60  understanding for each individual.
   61         (3) RESPONSIBILITIES.—The school shall:
   62         (a) Unless otherwise provided by law, comply with all laws
   63  and rules applicable to state agencies.
   64         (b) Provide educational programs and support services
   65  appropriate to meet the educational and related evaluation and
   66  counseling needs of students who have developmental disabilities
   67  and who meet the enrollment criteria.
   68         (c) Provide an individualized curriculum that is based on
   69  each student’s needs, preferences, and interests. Each student
   70  who successfully completes the curriculum requirements will
   71  receive a Dan Marino Foundation Florida Vocational College
   72  Career and Life Skills Diploma.
   73         (d) Provide students with the following curriculum tracks:
   74         1. Employment track.—The employment track enables a student
   75  to access on-the-job training and develop an employment profile
   76  in order to seek a position within his or her field of choice
   77  upon completion.
   78         2. Certification track.—The certification track provides a
   79  student who is pursuing a job within an industry requiring
   80  certification with vocational education paired with on-the-job
   81  training.
   82         (e) Provide outreach services that include collaboration
   83  with employers, district school boards, and community
   84  organizations and encourage input from students, staff, parents,
   85  and the community.
   86         (4) BOARD OF TRUSTEES.—
   87         (a) A Board of Trustees for the Dan Marino Foundation
   88  Florida Vocational College is created and shall consist of seven
   89  members. Of these seven members, three shall be appointed by the
   90  Governor and one of these three shall be a person with a
   91  developmental disability. Of the remaining four members, one
   92  shall be the chair of the Dan Marino Foundation, one shall be
   93  the chief executive officer of the Dan Marino Foundation, one
   94  shall be appointed by the Speaker of the House of
   95  Representatives, and one shall be appointed by the President of
   96  the Senate. The term of office of each member shall be 4 years.
   97  The Governor may remove any member for cause and shall fill all
   98  vacancies that occur.
   99         (b) The board of trustees shall elect a chair annually.
  100         (c) The board of trustees may adopt rules to administer
  101  this section and to provide for 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)12. 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 vested with full power and
  119  authority to:
  120         1. Appoint a president, faculty, teachers, and other
  121  employees, to remove the same according to its best judgment,
  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. Accept Stanley G. Tate Florida Prepaid College Program
  131  funds and state and federal scholarships and grants.
  132         6. Determine the degrees and certificates the school will
  133  offer.
  134         7. Provide for the proper keeping of accounts and records
  135  and for budgeting of funds.
  136         8. Enter into contracts.
  137         9. Sue and be sued and be entitled to sovereign immunity
  138  pursuant to s. 768.28, Florida Statutes.
  139         10. Secure public liability insurance.
  140         11. 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         12. 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         13. 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         14. 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         15. 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. Approve and administer an annual operating budget.
  171         2. Require all funds received, other than gifts, donations,
  172  bequests, funds raised by or belonging to student clubs or
  173  student organizations, and funds held for specific students or
  174  in accounts for individual students, to be deposited in the
  175  State Treasury and expended as authorized in the General
  176  Appropriations Act.
  177         3. Require all purchases to be in accordance with chapter
  178  287, Florida Statutes, except for purchases made with funds
  179  received as gifts, donations, or bequests; funds raised by or
  180  belonging to student clubs or student organizations; and funds
  181  held for specific students or in accounts for individual
  182  students.
  183         4. Administer and maintain personnel programs for all
  184  employees of the board of trustees and the Dan Marino Foundation
  185  Florida Vocational College. Such employees may not be state
  186  employees. The classification and pay plan for academic
  187  personnel and academic administrative personnel of the school
  188  shall be set by the board of trustees. Such employees shall be
  189  subject to the provisions of chapter 110, Florida Statutes.
  190         5. Give preference in appointment and retention in
  191  positions of employment as provided in s. 295.07(1), Florida
  192  Statutes.
  193         6. Ensure that the Dan Marino Foundation Florida Vocational
  194  College coordinates planning with local governing bodies for
  195  educational facility construction.
  196         7. Adopt a master plan that specifies the mission and
  197  objectives of the Dan Marino Foundation Florida Vocational
  198  College. The plan shall include, but is not limited to,
  199  procedures for systematically measuring the school’s progress
  200  toward meeting its objectives, analyzing changes in the student
  201  population, and modifying school programs and services to
  202  respond to such changes. The plan shall be implemented for a
  203  period of 5 years and shall be reviewed for needed modifications
  204  every 2 years. The board of trustees shall submit the initial
  205  plan and subsequent modifications to the President of the Senate
  206  and the Speaker of the House of Representatives.
  207         (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.—The Board of
  208  Trustees for the Dan Marino Foundation Florida Vocational
  209  College shall provide for the content and custody of student and
  210  employee personnel records. Student records shall be subject to
  211  s. 1006.52, Florida Statutes. Employee personnel records shall
  212  be subject to part IV of chapter 1012, Florida Statutes.
  213         (6) LEGAL SERVICES.—The Board of Trustees for the Dan
  214  Marino Foundation Florida Vocational College may provide legal
  215  services for officers and employees of the board of trustees who
  216  are charged with civil or criminal actions arising out of and in
  217  the course of the performance of assigned duties and
  218  responsibilities. The board of trustees may provide for
  219  reimbursement of reasonable expenses for legal services for
  220  officers and employees of the board of trustees who are charged
  221  with civil or criminal actions arising out of and in the course
  222  of the performance of assigned duties and responsibilities upon
  223  successful defense of the officer or employee. However, in any
  224  case in which the officer or employee pleads guilty or nolo
  225  contendere to or is found guilty of any such action, the officer
  226  or employee shall reimburse the board of trustees for any legal
  227  services that the board of trustees may have supplied pursuant
  228  to this section. The board of trustees may also reimburse an
  229  officer or employee for any judgment that may be entered against
  230  him or her in a civil action arising out of and in the course of
  231  the performance of his or her assigned duties and
  232  responsibilities. Each expenditure by the board of trustees for
  233  legal defense of an officer or employee, or for reimbursement
  234  pursuant to this section, shall be made at a public meeting with
  235  notice pursuant to s. 120.525(1), Florida Statutes. The
  236  provision of such legal services or reimbursement under the
  237  conditions described in this subsection is declared to be a
  238  school purpose for which school funds may be expended.
  239         (7) PERSONNEL SCREENING.—
  240         (a) The Board of Trustees of the Dan Marino Foundation
  241  Florida Vocational College shall, because of the special trust
  242  or responsibility of employees of the school, require all
  243  employees and applicants for employment to undergo personnel
  244  screening and security background investigations as provided in
  245  chapter 435, Florida Statutes, using the level 2 standards for
  246  screening set forth in that chapter, as a condition of
  247  employment and continued employment. The cost of a personnel
  248  screening and security background investigation for an employee
  249  of the school shall be paid by the school. The cost of such a
  250  screening and investigation for an applicant for employment may
  251  be paid by the school.
  252         (b) As a prerequisite for initial and continuing employment
  253  at the Dan Marino Foundation Florida Vocational College:
  254         1. The applicant or employee shall submit to the Dan Marino
  255  Foundation Florida Vocational College a complete set of
  256  fingerprints taken by an authorized law enforcement agency or an
  257  employee of the Dan Marino Foundation Florida Vocational College
  258  who is trained to take fingerprints. The Dan Marino Foundation
  259  Florida Vocational College shall submit the fingerprints to the
  260  Department of Law Enforcement for state processing and the
  261  Federal Bureau of Investigation for federal processing.
  262         2.a. The applicant or employee shall, under penalty of
  263  perjury, attest to the minimum standards for good moral
  264  character as provided in chapter 435, Florida Statutes, using
  265  the level 2 standards set forth in that chapter.
  266         b. New personnel shall be on probationary status pending a
  267  determination of compliance with such minimum standards for good
  268  moral character. This sub-subparagraph is in addition to any
  269  probationary status provided for by state law or rules or
  270  collective bargaining contracts of the Dan Marino Foundation
  271  Florida Vocational College.
  272         (c) The Dan Marino Foundation Florida Vocational College
  273  shall review the record of the applicant or employee with
  274  respect to the crimes described in s. 435.04, Florida Statutes,
  275  and shall notify the applicant or employee of its findings. When
  276  disposition information is missing on a criminal record, it
  277  shall be the responsibility of the applicant or employee, upon
  278  request of the Dan Marino Foundation Florida Vocational College,
  279  to obtain the missing disposition information and supply such
  280  information within 30 days to the Dan Marino Foundation Florida
  281  Vocational College. Failure to supply missing information within
  282  30 days or to show reasonable efforts to obtain such information
  283  shall result in automatic disqualification of an applicant and
  284  automatic termination of an employee.
  285         (d) After an initial personnel screening and security
  286  background investigation, written notification shall be given to
  287  the affected employee within a reasonable time prior to any
  288  subsequent screening and investigation.
  289         (e) The Dan Marino Foundation Florida Vocational College
  290  may grant exemptions from disqualification as provided in s.
  291  435.07, Florida Statutes.
  292         (f) The Dan Marino Foundation Florida Vocational College
  293  may not use the criminal records, private investigator findings,
  294  or information from reference checks obtained by the school
  295  pursuant to this section for any purpose other than determining
  296  whether a person meets the minimum standards for good moral
  297  character for personnel employed by the school.
  298         (g) It is a misdemeanor of the first degree, punishable as
  299  provided in s. 775.082 or s. 775.083, Florida Statutes, for any
  300  person willfully, knowingly, or intentionally to:
  301         1. Fail, by false statement, misrepresentation,
  302  impersonation, or other fraudulent means, to disclose in any
  303  application for voluntary or paid employment a material fact
  304  used in making a determination as to such person’s
  305  qualifications for a position of special trust.
  306         2. Use the criminal records, private investigator findings,
  307  or information from reference checks obtained under this section
  308  or information obtained from such records or findings, or to
  309  release such information or records to any person, for purposes
  310  other than screening for employment.
  311         (8) REPORT OF CAMPUS CRIME STATISTICS.—
  312         (a) The school shall prepare an annual report of statistics
  313  of crimes committed on its campus and shall submit the report to
  314  the board of trustees and the Commissioner of Education. The
  315  data for the report may be taken from the annual report of the
  316  Department of Law Enforcement. The board of trustees shall
  317  prescribe the form for submission of the report.
  318         (b) The school shall prepare an annual report of statistics
  319  of crimes committed on its campus for the preceding 3 years. The
  320  school shall give students and prospective students notice that
  321  this report is available upon request.
  322         Section 2. Subsection (5) is added to section 1000.04,
  323  Florida Statutes, to read:
  324         1000.04 Components for the delivery of public education
  325  within the Florida K-20 education system.—Florida’s K-20
  326  education system provides for the delivery of public education
  327  through publicly supported and controlled K-12 schools, Florida
  328  College System institutions, state universities and other
  329  postsecondary educational institutions, other educational
  330  institutions, and other educational services as provided or
  331  authorized by the Constitution and laws of the state.
  332         (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.
  333  The Dan Marino Foundation Florida Vocational College is a
  334  component of the delivery of public education within the Florida
  335  College System.
  336         Section 3. Paragraph (e) of subsection (4) of section
  337  1001.20, Florida Statutes, is amended to read:
  338         1001.20 Department under direction of state board.—
  339         (4) The Department of Education shall establish the
  340  following offices within the Office of the Commissioner of
  341  Education which shall coordinate their activities with all other
  342  divisions and offices:
  343         (e) Office of Inspector General.—Organized using existing
  344  resources and funds and responsible for promoting
  345  accountability, efficiency, and effectiveness and detecting
  346  fraud and abuse within school districts, the Florida School for
  347  the Deaf and the Blind, the Dan Marino Foundation Florida
  348  Vocational College, and Florida College System institutions in
  349  Florida. If the Commissioner of Education determines that a
  350  district school board, the Board of Trustees for the Florida
  351  School for the Deaf and the Blind, the Board of Trustees for the
  352  Dan Marino Foundation Florida Vocational College, or a Florida
  353  College System institution board of trustees is unwilling or
  354  unable to address substantiated allegations made by any person
  355  relating to waste, fraud, or financial mismanagement within the
  356  school district, the Florida School for the Deaf and the Blind,
  357  the Dan Marino Foundation Florida Vocational College, or the
  358  Florida College System institution, the office shall conduct,
  359  coordinate, or request investigations into such substantiated
  360  allegations. The office shall have access to all information and
  361  personnel necessary to perform its duties and shall have all of
  362  its current powers, duties, and responsibilities authorized in
  363  s. 20.055.
  364         Section 4. This act shall take effect July 1, 2012.