HB 973

1
A bill to be entitled
2An act relating to the Dan Marino Foundation Florida
3Vocational College; establishing the Dan Marino
4Foundation Florida Vocational College in Broward
5County as a residential postsecondary school for
6certain students who have developmental disabilities;
7providing funding for the school through the
8Department of Education subject to a specific one-time
9appropriation; providing the school's mission;
10requiring that the school comply with the laws and
11rules applicable to state agencies unless otherwise
12provided by law; requiring that the school provide
13educational programs and support services; creating a
14board of trustees; providing membership, terms, and
15specifying powers and duties of the board; requiring
16that the board provide for the content and custody of
17student and employee personnel records; authorizing
18the board to provide legal services and reimbursement
19of expenses for officers and employees of the board;
20requiring that all employees and applicants for
21employment undergo personnel screening and security
22background investigations; providing a penalty for
23failure to disclose certain material facts and for use
24of confidential information for certain purposes;
25requiring reporting of on-campus crime statistics;
26amending s. 1000.04, F.S.; providing that the Dan
27Marino Foundation Florida Vocational College is a
28component of the delivery of public education within
29the Florida College System; amending s. 1001.20, F.S.;
30authorizing investigations by the Office of Inspector
31General within the Department of Education; providing
32an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  The Dan Marino Foundation Florida Vocational
37College.-
38     (1)  DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-The
39Dan Marino Foundation Florida Vocational College is established
40in Broward County, Florida, as a residential school that
41provides students who have developmental disabilities, who are
4218 to 28 years of age, and who are no longer eligible for
43exceptional student education funding due to age or graduation
44from high school with the opportunity to obtain a postsecondary
45education on a college campus setting. The school shall be a
46component of the delivery of public education within the Florida
47College System and shall be funded through the Department of
48Education subject to a specific one-time appropriation.
49     (2)  MISSION.-The mission of the Dan Marino Foundation
50Florida Vocational College is to provide an appropriate
51education for eligible students who have developmental
52disabilities. As a school that provides programs for attaining
53vocational, life, social, and independent living skills, the
54school shall strive to provide students with an opportunity to
55develop skills fostering their independence in a caring, safe,
56and unique learning environment, to prepare them to be an
57integral part of the community, and to allow them to become
58significantly less dependent on government funding. As a diverse
59organization, the school shall strive to foster respect and
60understanding for each individual.
61     (3)  RESPONSIBILITIES.-The school shall:
62     (a)  Unless otherwise provided by law, comply with all laws
63and rules applicable to state agencies.
64     (b)  Provide educational programs and support services
65appropriate to meet the educational and related evaluation and
66counseling needs of students who have developmental disabilities
67and who meet the enrollment criteria.
68     (c)  Provide an individualized curriculum that is based on
69each student's needs, preferences, and interests. Each student
70who successfully completes the curriculum requirements will
71receive a Dan Marino Foundation Florida Vocational College
72Career and Life Skills Diploma.
73     (d)  Provide students with the following curriculum tracks:
74     1.  Employment track.-The employment track enables a
75student to access on-the-job training and develop an employment
76profile in order to seek a position within his or her field of
77choice upon completion.
78     2.  Certification track.-The certification track provides a
79student who is pursuing a job within an industry requiring
80certification with vocational education paired with on-the-job
81training.
82     (e)  Provide outreach services that include collaboration
83with employers, district school boards, and community
84organizations and encourage input from students, staff, parents,
85and the community.
86     (4)  BOARD OF TRUSTEES.-
87     (a)  A Board of Trustees for the Dan Marino Foundation
88Florida Vocational College is created and shall consist of seven
89members. Of these seven members, three shall be appointed by the
90Governor and one of these three shall be a person with a
91developmental disability. Of the remaining four members, one
92shall be the chair of the Dan Marino Foundation, one shall be
93the chief executive officer of the Dan Marino Foundation, one
94shall be appointed by the Speaker of the House of
95Representatives, and one shall be appointed by the President of
96the Senate. The term of office of each member shall be 4 years.
97The Governor may remove any member for cause and shall fill all
98vacancies that occur.
99     (b)  The board of trustees shall elect a chair annually.
100     (c)  The board of trustees may adopt rules to administer
101this section and to provide for the operation of the Dan Marino
102Foundation Florida Vocational College. The board shall submit
103the rules to the State Board of Education for approval or
104disapproval. After a rule is approved by the state board, the
105rule shall be filed immediately with the Department of State.
106The board of trustees shall act at all times in conjunction with
107the rules of the State Board of Education.
108     (d)  The board of trustees is a body corporate and shall
109have a corporate seal. Unless otherwise provided by law, all
110actions of the board of trustees shall be consistent with all
111laws and rules applicable to state agencies. Title to any gift,
112donation, or bequest received by the board of trustees pursuant
113to subparagraph (e)12. shall vest in the board of trustees.
114Title to all other property and other assets of the Dan Marino
115Foundation Florida Vocational College shall vest in the State
116Board of Education; however, the board of trustees shall have
117complete jurisdiction over the management of the school.
118     (e)  The board of trustees is vested with full power and
119authority to:
120     1.  Appoint a president, faculty, teachers, and other
121employees, to remove the same according to its best judgment,
122and to fix their compensation.
123     2.  Procure professional services, including, but not
124limited to, medical, mental health, architectural, and
125engineering services.
126     3.  Procure legal services without the prior written
127approval of the Attorney General.
128     4.  Determine eligibility of students and the procedure for
129admission.
130     5.  Accept Stanley G. Tate Florida Prepaid College Program
131funds and state and federal scholarships and grants.
132     6.  Determine the degrees and certificates the school will
133offer.
134     7.  Provide for the proper keeping of accounts and records
135and for budgeting of funds.
136     8.  Enter into contracts.
137     9.  Sue and be sued and be entitled to sovereign immunity
138pursuant to s. 768.28, Florida Statutes.
139     10.  Secure public liability insurance.
140     11.  Do and perform every other matter or thing necessary
141to the proper management, maintenance, support, and control of
142the school at the highest efficiency economically possible,
143taking into consideration the purposes of the establishment.
144     12.  Receive gifts, donations, and bequests of money or
145property, real or personal, tangible or intangible, from any
146person, firm, corporation, or other legal entity. However, the
147board of trustees may not obligate the state to any expenditure
148or policy that is not specifically authorized by law. If a bill
149of sale, will, trust indenture, deed, or other legal conveyance
150specifies terms and conditions concerning the use of such money
151or property, the board of trustees shall observe such terms and
152conditions.
153     13.  Deposit outside the State Treasury such moneys as are
154received as gifts, donations, or bequests and may disburse and
155expend such moneys, upon its own warrant, for the use and
156benefit of the Dan Marino Foundation Florida Vocational College
157and its students as the board of trustees deems to be in the
158best interest of the school and its students. This money or
159property is not a part of any legislative appropriation.
160     14.  Sell or convey by bill of sale, deed, or other legal
161instrument any property, real or personal, received as a gift,
162donation, or bequest upon such terms and conditions as the board
163of trustees deems to be in the best interest of the school and
164its students.
165     15.  Invest such moneys in securities enumerated under s.
166215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
167The Common Fund, an Investment Management Fund exclusively for
168nonprofit 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,
172donations, bequests, funds raised by or belonging to student
173clubs or student organizations, and funds held for specific
174students or in accounts for individual students, to be deposited
175in the State Treasury and expended as authorized in the General
176Appropriations Act.
177     3.  Require all purchases to be in accordance with chapter
178287, Florida Statutes, except for purchases made with funds
179received as gifts, donations, or bequests; funds raised by or
180belonging to student clubs or student organizations; and funds
181held for specific students or in accounts for individual
182students.
183     4.  Administer and maintain personnel programs for all
184employees of the board of trustees and the Dan Marino Foundation
185Florida Vocational College. Such employees may not be state
186employees. The classification and pay plan for academic
187personnel and academic administrative personnel of the school
188shall be set by the board of trustees. Such employees shall be
189subject to the provisions of chapter 110, Florida Statutes.
190     5.  Give preference in appointment and retention in
191positions of employment as provided in s. 295.07(1), Florida
192Statutes.
193     6.  Ensure that the Dan Marino Foundation Florida
194Vocational College coordinates planning with local governing
195bodies for educational facility construction.
196     7.  Adopt a master plan that specifies the mission and
197objectives of the Dan Marino Foundation Florida Vocational
198College. The plan shall include, but is not limited to,
199procedures for systematically measuring the school's progress
200toward meeting its objectives, analyzing changes in the student
201population, and modifying school programs and services to
202respond to such changes. The plan shall be implemented for a
203period of 5 years and shall be reviewed for needed modifications
204every 2 years. The board of trustees shall submit the initial
205plan and subsequent modifications to the President of the Senate
206and the Speaker of the House of Representatives.
207     (5)  STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of
208Trustees for the Dan Marino Foundation Florida Vocational
209College shall provide for the content and custody of student and
210employee personnel records. Student records shall be subject to
211s. 1006.52, Florida Statutes. Employee personnel records shall
212be subject to part IV of chapter 1012, Florida Statutes.
213     (6)  LEGAL SERVICES.-The Board of Trustees for the Dan
214Marino Foundation Florida Vocational College may provide legal
215services for officers and employees of the board of trustees who
216are charged with civil or criminal actions arising out of and in
217the course of the performance of assigned duties and
218responsibilities. The board of trustees may provide for
219reimbursement of reasonable expenses for legal services for
220officers and employees of the board of trustees who are charged
221with civil or criminal actions arising out of and in the course
222of the performance of assigned duties and responsibilities upon
223successful defense of the officer or employee. However, in any
224case in which the officer or employee pleads guilty or nolo
225contendere to or is found guilty of any such action, the officer
226or employee shall reimburse the board of trustees for any legal
227services that the board of trustees may have supplied pursuant
228to this section. The board of trustees may also reimburse an
229officer or employee for any judgment that may be entered against
230him or her in a civil action arising out of and in the course of
231the performance of his or her assigned duties and
232responsibilities. Each expenditure by the board of trustees for
233legal defense of an officer or employee, or for reimbursement
234pursuant to this section, shall be made at a public meeting with
235notice pursuant to s. 120.525(1), Florida Statutes. The
236provision of such legal services or reimbursement under the
237conditions described in this subsection is declared to be a
238school purpose for which school funds may be expended.
239     (7)  PERSONNEL SCREENING.-
240     (a)  The Board of Trustees of the Dan Marino Foundation
241Florida Vocational College shall, because of the special trust
242or responsibility of employees of the school, require all
243employees and applicants for employment to undergo personnel
244screening and security background investigations as provided in
245chapter 435, Florida Statutes, using the level 2 standards for
246screening set forth in that chapter, as a condition of
247employment and continued employment. The cost of a personnel
248screening and security background investigation for an employee
249of the school shall be paid by the school. The cost of such a
250screening and investigation for an applicant for employment may
251be paid by the school.
252     (b)  As a prerequisite for initial and continuing
253employment at the Dan Marino Foundation Florida Vocational
254College:
255     1.  The applicant or employee shall submit to the Dan
256Marino Foundation Florida Vocational College a complete set of
257fingerprints taken by an authorized law enforcement agency or an
258employee of the Dan Marino Foundation Florida Vocational College
259who is trained to take fingerprints. The Dan Marino Foundation
260Florida Vocational College shall submit the fingerprints to the
261Department of Law Enforcement for state processing and the
262Federal Bureau of Investigation for federal processing.
263     2.a.  The applicant or employee shall, under penalty of
264perjury, attest to the minimum standards for good moral
265character as provided in chapter 435, Florida Statutes, using
266the level 2 standards set forth in that chapter.
267     b.  New personnel shall be on probationary status pending a
268determination of compliance with such minimum standards for good
269moral character. This sub-subparagraph is in addition to any
270probationary status provided for by state law or rules or
271collective bargaining contracts of the Dan Marino Foundation
272Florida Vocational College.
273     (c)  The Dan Marino Foundation Florida Vocational College
274shall review the record of the applicant or employee with
275respect to the crimes described in s. 435.04, Florida Statutes,
276and shall notify the applicant or employee of its findings. When
277disposition information is missing on a criminal record, it
278shall be the responsibility of the applicant or employee, upon
279request of the Dan Marino Foundation Florida Vocational College,
280to obtain the missing disposition information and supply such
281information within 30 days to the Dan Marino Foundation Florida
282Vocational College. Failure to supply missing information within
28330 days or to show reasonable efforts to obtain such information
284shall result in automatic disqualification of an applicant and
285automatic termination of an employee.
286     (d)  After an initial personnel screening and security
287background investigation, written notification shall be given to
288the affected employee within a reasonable time prior to any
289subsequent screening and investigation.
290     (e)  The Dan Marino Foundation Florida Vocational College
291may grant exemptions from disqualification as provided in s.
292435.07, Florida Statutes.
293     (f)  The Dan Marino Foundation Florida Vocational College
294may not use the criminal records, private investigator findings,
295or information from reference checks obtained by the school
296pursuant to this section for any purpose other than determining
297whether a person meets the minimum standards for good moral
298character for personnel employed by the school.
299     (g)  It is a misdemeanor of the first degree, punishable as
300provided in s. 775.082 or s. 775.083, Florida Statutes, for any
301person willfully, knowingly, or intentionally to:
302     1.  Fail, by false statement, misrepresentation,
303impersonation, or other fraudulent means, to disclose in any
304application for voluntary or paid employment a material fact
305used in making a determination as to such person's
306qualifications for a position of special trust.
307     2.  Use the criminal records, private investigator
308findings, or information from reference checks obtained under
309this section or information obtained from such records or
310findings, or to release such information or records to any
311person, for purposes other than screening for employment.
312     (8)  REPORT OF CAMPUS CRIME STATISTICS.-
313     (a)  The school shall prepare an annual report of
314statistics of crimes committed on its campus and shall submit
315the report to the board of trustees and the Commissioner of
316Education. The data for the report may be taken from the annual
317report of the Department of Law Enforcement. The board of
318trustees shall prescribe the form for submission of the report.
319     (b)  The school shall prepare an annual report of
320statistics of crimes committed on its campus for the preceding 3
321years. The school shall give students and prospective students
322notice that this report is available upon request.
323     Section 2.  Subsection (5) is added to section 1000.04,
324Florida Statutes, to read:
325     1000.04  Components for the delivery of public education
326within the Florida K-20 education system.-Florida's K-20
327education system provides for the delivery of public education
328through publicly supported and controlled K-12 schools, Florida
329College System institutions, state universities and other
330postsecondary educational institutions, other educational
331institutions, and other educational services as provided or
332authorized by the Constitution and laws of the state.
333     (5)  THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-
334The Dan Marino Foundation Florida Vocational College is a
335component of the delivery of public education within the Florida
336College System.
337     Section 3.  Paragraph (e) of subsection (4) of section
3381001.20, Florida Statutes, is amended to read:
339     1001.20  Department under direction of state board.-
340     (4)  The Department of Education shall establish the
341following offices within the Office of the Commissioner of
342Education which shall coordinate their activities with all other
343divisions and offices:
344     (e)  Office of Inspector General.-Organized using existing
345resources and funds and responsible for promoting
346accountability, efficiency, and effectiveness and detecting
347fraud and abuse within school districts, the Florida School for
348the Deaf and the Blind, the Dan Marino Foundation Florida
349Vocational College, and Florida College System institutions in
350Florida. If the Commissioner of Education determines that a
351district school board, the Board of Trustees for the Florida
352School for the Deaf and the Blind, the Board of Trustees for the
353Dan Marino Foundation Florida Vocational College, or a Florida
354College System institution board of trustees is unwilling or
355unable to address substantiated allegations made by any person
356relating to waste, fraud, or financial mismanagement within the
357school district, the Florida School for the Deaf and the Blind,
358the Dan Marino Foundation Florida Vocational College, or the
359Florida College System institution, the office shall conduct,
360coordinate, or request investigations into such substantiated
361allegations. The office shall have access to all information and
362personnel necessary to perform its duties and shall have all of
363its current powers, duties, and responsibilities authorized in
364s. 20.055.
365     Section 4.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.