Florida Senate - 2012 CS for SB 1270 By the Committee on Higher Education; and Senator Flores 589-02055-12 20121270c1 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 and inclusionary postsecondary 6 school for certain students who have developmental 7 disabilities; providing funding for the school through 8 the Department of Education subject to a specific one 9 time 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 and inclusionary 41 postsecondary school that provides students who have 42 developmental disabilities, who are 18 to 28 years of age, and 43 who are no longer eligible for exceptional student education 44 funding due to age or graduation from high school with the 45 opportunity to obtain a postsecondary education on a college 46 campus setting. The school shall be a component of the delivery 47 of public education within the Florida College System and shall 48 be funded through the Department of Education subject to a 49 specific one-time appropriation. 50 (2) MISSION.—The mission of the Dan Marino Foundation 51 Florida Vocational College is to provide an appropriate 52 education for eligible students who have developmental 53 disabilities. As a school that provides programs for attaining 54 vocational, life, social, and independent living skills, the 55 school shall strive to provide students with an opportunity to 56 develop skills fostering their independence in a caring, safe, 57 and unique learning environment, to prepare them to be an 58 integral part of the community, and to allow them to become 59 significantly less dependent on government funding. As a diverse 60 organization, the school shall strive to foster respect and 61 understanding for each individual. 62 (3) RESPONSIBILITIES.—The school shall: 63 (a) Unless otherwise provided by law, comply with all laws 64 and rules applicable to state agencies. 65 (b) Provide educational programs and support services 66 appropriate to meet the educational and related evaluation and 67 counseling needs of students who have developmental disabilities 68 and who meet the enrollment criteria. 69 (c) Provide an individualized curriculum that is based on 70 each student’s needs, preferences, and interests. Each student 71 who successfully completes the curriculum requirements will 72 receive a Dan Marino Foundation Florida Vocational College 73 Career and Life Skills Diploma. 74 (d) Provide students with the following curriculum tracks: 75 1. Employment track.—The employment track enables a student 76 to access on-the-job training and develop an employment profile 77 in order to seek a position within his or her field of choice 78 upon completion. 79 2. Certification track.—The certification track provides a 80 student who is pursuing a job within an industry requiring 81 certification with vocational education paired with on-the-job 82 training. 83 (e) Provide outreach services that include collaboration 84 with employers, district school boards, and community 85 organizations and encourage input from students, staff, parents, 86 and the community. 87 (4) BOARD OF TRUSTEES.— 88 (a) A Board of Trustees for the Dan Marino Foundation 89 Florida Vocational College is created and shall consist of seven 90 members. Of these seven members, three shall be appointed by the 91 Governor and one of these three shall be a person with a 92 developmental disability. Of the remaining four members, one 93 shall be the chair of the Dan Marino Foundation, one shall be 94 the chief executive officer of the Dan Marino Foundation, one 95 shall be appointed by the Speaker of the House of 96 Representatives, and one shall be appointed by the President of 97 the Senate. The term of office of each member shall be 4 years. 98 The Governor may remove any member for cause and shall fill all 99 vacancies that occur. 100 (b) The board of trustees shall elect a chair annually. 101 (c) The board of trustees may adopt rules to administer 102 this section and to provide for 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)12. 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 vested with full power and 120 authority to: 121 1. Appoint a president, faculty, teachers, and other 122 employees, to remove the same according to its best judgment, 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. Accept Stanley G. Tate Florida Prepaid College Program 132 funds and state and federal scholarships and grants. 133 6. Determine the degrees and certificates the school will 134 offer. 135 7. Provide for the proper keeping of accounts and records 136 and for budgeting of funds. 137 8. Enter into contracts. 138 9. Sue and be sued and be entitled to sovereign immunity 139 pursuant to s. 768.28, Florida Statutes. 140 10. Secure public liability insurance. 141 11. 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 12. 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 13. 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 14. 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 15. 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. Approve and administer an annual operating budget. 172 2. Require all funds received, other than gifts, donations, 173 bequests, funds raised by or belonging to student clubs or 174 student organizations, and funds held for specific students or 175 in accounts for individual students, to be deposited in the 176 State Treasury and expended as authorized in the General 177 Appropriations Act. 178 3. Require all purchases to be in accordance with chapter 179 287, Florida Statutes, except for purchases made with funds 180 received as gifts, donations, or bequests; funds raised by or 181 belonging to student clubs or student organizations; and funds 182 held for specific students or in accounts for individual 183 students. 184 4. Administer and maintain personnel programs for all 185 employees of the board of trustees and the Dan Marino Foundation 186 Florida Vocational College. Such employees may not be state 187 employees. The classification and pay plan for academic 188 personnel and academic administrative personnel of the school 189 shall be set by the board of trustees. Such employees shall be 190 subject to the provisions of chapter 110, Florida Statutes. 191 5. Give preference in appointment and retention in 192 positions of employment as provided in s. 295.07(1), Florida 193 Statutes. 194 6. Ensure that the Dan Marino Foundation Florida Vocational 195 College coordinates planning with local governing bodies for 196 educational facility construction. 197 7. Adopt a master plan that specifies the mission and 198 objectives of the Dan Marino Foundation Florida Vocational 199 College. The plan shall include, but is not limited to, 200 procedures for systematically measuring the school’s progress 201 toward meeting its objectives, analyzing changes in the student 202 population, and modifying school programs and services to 203 respond to such changes. The plan shall be implemented for a 204 period of 5 years and shall be reviewed for needed modifications 205 every 2 years. The board of trustees shall submit the initial 206 plan and subsequent modifications to the President of the Senate 207 and the Speaker of the House of Representatives. 208 (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.—The Board of 209 Trustees for the Dan Marino Foundation Florida Vocational 210 College shall provide for the content and custody of student and 211 employee personnel records. Student records shall be subject to 212 s. 1006.52, Florida Statutes. Employee personnel records shall 213 be subject to part IV of chapter 1012, Florida Statutes. 214 (6) LEGAL SERVICES.—The Board of Trustees for the Dan 215 Marino Foundation Florida Vocational College may provide legal 216 services for officers and employees of the board of trustees who 217 are charged with civil or criminal actions arising out of and in 218 the course of the performance of assigned duties and 219 responsibilities. The board of trustees may provide for 220 reimbursement of reasonable expenses for legal services for 221 officers and employees of the board of trustees who are charged 222 with civil or criminal actions arising out of and in the course 223 of the performance of assigned duties and responsibilities upon 224 successful defense of the officer or employee. However, in any 225 case in which the officer or employee pleads guilty or nolo 226 contendere to or is found guilty of any such action, the officer 227 or employee shall reimburse the board of trustees for any legal 228 services that the board of trustees may have supplied pursuant 229 to this section. The board of trustees may also reimburse an 230 officer or employee for any judgment that may be entered against 231 him or her in a civil action arising out of and in the course of 232 the performance of his or her assigned duties and 233 responsibilities. Each expenditure by the board of trustees for 234 legal defense of an officer or employee, or for reimbursement 235 pursuant to this section, shall be made at a public meeting with 236 notice pursuant to s. 120.525(1), Florida Statutes. The 237 provision of such legal services or reimbursement under the 238 conditions described in this subsection is declared to be a 239 school purpose for which school funds may be expended. 240 (7) PERSONNEL SCREENING.— 241 (a) The Board of Trustees of the Dan Marino Foundation 242 Florida Vocational College shall, because of the special trust 243 or responsibility of employees of the school, require all 244 employees and applicants for employment to undergo personnel 245 screening and security background investigations as provided in 246 chapter 435, Florida Statutes, using the level 2 standards for 247 screening set forth in that chapter, as a condition of 248 employment and continued employment. The cost of a personnel 249 screening and security background investigation for an employee 250 of the school shall be paid by the school. The cost of such a 251 screening and investigation for an applicant for employment may 252 be paid by the school. 253 (b) As a prerequisite for initial and continuing employment 254 at the Dan Marino Foundation Florida Vocational College: 255 1. The applicant or employee shall submit to the Dan Marino 256 Foundation Florida Vocational College a complete set of 257 fingerprints taken by an authorized law enforcement agency or an 258 employee of the Dan Marino Foundation Florida Vocational College 259 who is trained to take fingerprints. The Dan Marino Foundation 260 Florida Vocational College shall submit the fingerprints to the 261 Department of Law Enforcement for state processing and the 262 Federal Bureau of Investigation for federal processing. 263 2.a. The applicant or employee shall, under penalty of 264 perjury, attest to the minimum standards for good moral 265 character as provided in chapter 435, Florida Statutes, using 266 the level 2 standards set forth in that chapter. 267 b. New personnel shall be on probationary status pending a 268 determination of compliance with such minimum standards for good 269 moral character. This sub-subparagraph is in addition to any 270 probationary status provided for by state law or rules or 271 collective bargaining contracts of the Dan Marino Foundation 272 Florida Vocational College. 273 (c) The Dan Marino Foundation Florida Vocational College 274 shall review the record of the applicant or employee with 275 respect to the crimes described in s. 435.04, Florida Statutes, 276 and shall notify the applicant or employee of its findings. When 277 disposition information is missing on a criminal record, it 278 shall be the responsibility of the applicant or employee, upon 279 request of the Dan Marino Foundation Florida Vocational College, 280 to obtain the missing disposition information and supply such 281 information within 30 days to the Dan Marino Foundation Florida 282 Vocational College. Failure to supply missing information within 283 30 days or to show reasonable efforts to obtain such information 284 shall result in automatic disqualification of an applicant and 285 automatic termination of an employee. 286 (d) After an initial personnel screening and security 287 background investigation, written notification shall be given to 288 the affected employee within a reasonable time prior to any 289 subsequent screening and investigation. 290 (e) The Dan Marino Foundation Florida Vocational College 291 may grant exemptions from disqualification as provided in s. 292 435.07, Florida Statutes. 293 (f) The Dan Marino Foundation Florida Vocational College 294 may not use the criminal records, private investigator findings, 295 or information from reference checks obtained by the school 296 pursuant to this section for any purpose other than determining 297 whether a person meets the minimum standards for good moral 298 character for personnel employed by the school. 299 (g) It is a misdemeanor of the first degree, punishable as 300 provided in s. 775.082 or s. 775.083, Florida Statutes, for any 301 person willfully, knowingly, or intentionally to: 302 1. Fail, by false statement, misrepresentation, 303 impersonation, or other fraudulent means, to disclose in any 304 application for voluntary or paid employment a material fact 305 used in making a determination as to such person’s 306 qualifications for a position of special trust. 307 2. Use the criminal records, private investigator findings, 308 or information from reference checks obtained under this section 309 or information obtained from such records or findings, or to 310 release such information or records to any person, for purposes 311 other than screening for employment. 312 (8) REPORT OF CAMPUS CRIME STATISTICS.— 313 (a) The school shall prepare an annual report of statistics 314 of crimes committed on its campus and shall submit the report to 315 the board of trustees and the Commissioner of Education. The 316 data for the report may be taken from the annual report of the 317 Department of Law Enforcement. The board of trustees shall 318 prescribe the form for submission of the report. 319 (b) The school shall prepare an annual report of statistics 320 of crimes committed on its campus for the preceding 3 years. The 321 school shall give students and prospective students notice that 322 this report is available upon request. 323 Section 2. Subsection (5) is added to section 1000.04, 324 Florida Statutes, to read: 325 1000.04 Components for the delivery of public education 326 within the Florida K-20 education system.—Florida’s K-20 327 education system provides for the delivery of public education 328 through publicly supported and controlled K-12 schools, Florida 329 College System institutions, state universities and other 330 postsecondary educational institutions, other educational 331 institutions, and other educational services as provided or 332 authorized by the Constitution and laws of the state. 333 (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE. 334 The Dan Marino Foundation Florida Vocational College is a 335 component of the delivery of public education within the Florida 336 College System. 337 Section 3. Paragraph (e) of subsection (4) of section 338 1001.20, Florida Statutes, is amended to read: 339 1001.20 Department under direction of state board.— 340 (4) The Department of Education shall establish the 341 following offices within the Office of the Commissioner of 342 Education which shall coordinate their activities with all other 343 divisions and offices: 344 (e) Office of Inspector General.—Organized using existing 345 resources and funds and responsible for promoting 346 accountability, efficiency, and effectiveness and detecting 347 fraud and abuse within school districts, the Florida School for 348 the Deaf and the Blind, the Dan Marino Foundation Florida 349 Vocational College, and Florida College System institutions in 350 Florida. If the Commissioner of Education determines that a 351 district school board, the Board of Trustees for the Florida 352 School for the Deaf and the Blind, the Board of Trustees for the 353 Dan Marino Foundation Florida Vocational College, or a Florida 354 College System institution board of trustees is unwilling or 355 unable to address substantiated allegations made by any person 356 relating to waste, fraud, or financial mismanagement within the 357 school district, the Florida School for the Deaf and the Blind, 358 the Dan Marino Foundation Florida Vocational College, or the 359 Florida College System institution, the office shall conduct, 360 coordinate, or request investigations into such substantiated 361 allegations. The office shall have access to all information and 362 personnel necessary to perform its duties and shall have all of 363 its current powers, duties, and responsibilities authorized in 364 s. 20.055. 365 Section 4. This act shall take effect July 1, 2012.