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.