The Florida Senate

242.3305  Florida School for the Deaf and the Blind; responsibilities and mission.

242.331  Florida School for the Deaf and the Blind; board of trustees.

242.3315  Student and employee personnel records.

242.332  Use of out-of-state educational facilities, financing.

242.333  Legal services for officers and employees; reimbursement for judgments in civil actions.

242.335  Personnel screening; Florida School for the Deaf and the Blind.

242.337  Procedure for legislative budget requests for the Florida School for the Deaf and the Blind.

242.339  Budgets for the Florida School for the Deaf and the Blind.

242.341  Florida School for the Deaf and the Blind; board of trustees; management flexibility.

242.343  Florida School for the Deaf and the Blind campus police.

242.345  Report of campus crime statistics.

242.391  Construction of state school in St. Johns County.

242.62  Appropriation to first accredited medical school.

242.65  Florida School of the Arts.

242.3305  Florida School for the Deaf and the Blind; responsibilities and mission.--

(1)  The Florida School for the Deaf and the Blind is a state-supported residential school for hearing-impaired and visually impaired students in preschool through 12th grade. The school is a part of the state system of public education and shall be funded through the Division of Public Schools and Community Education of the Department of Education. The school shall provide educational programs and support services appropriate to meet the education and related evaluation and counseling needs of hearing-impaired and visually impaired students in the state who meet enrollment criteria. Education services may be provided on an outreach basis for sensory-impaired children ages 0 through 5 years and their parents. Graduates of the Florida School for the Deaf and the Blind shall be eligible for the William L. Boyd, IV, Florida Resident Access Grant Program as provided in s. 240.605.

(2)  The mission of the Florida School for the Deaf and the Blind is to utilize all available talent, energy, and resources to provide free appropriate public education for eligible sensory-impaired students of Florida. As a school of academic excellence, the school shall strive to provide students an opportunity to maximize their individual potential in a caring, safe, unique learning environment to prepare them to be literate, employable, and independent lifelong learners. The school shall encourage input from students, staff, parents, and the community. As a diverse organization, the school shall foster respect and understanding for each individual.

(3)  The Auditor General shall audit the Florida School for the Deaf and the Blind as provided in chapter 11.

History.--s. 18, ch. 94-232; s. 7, ch. 97-100; s. 31, ch. 97-307; s. 28, ch. 99-13; s. 4, ch. 99-280.

242.331  Florida School for the Deaf and the Blind; board of trustees.--

(1)  There is hereby created a Board of Trustees for the Florida School for the Deaf and the Blind which shall consist of seven members. Of these seven members, one appointee shall be a blind person, and one appointee shall be a deaf person. Each member shall have been a resident of the state for a period of at least 10 years. Their terms of office shall be 4 years. The appointment of the trustees shall be by the Governor with the confirmation of the Senate. The Governor may remove any member for cause and shall fill all vacancies which occur.

(2)  The board of trustees shall elect a chair annually. The trustees shall be reimbursed for travel expenses as provided in s. 112.061, the accounts of which shall be paid by the Treasurer upon itemized vouchers duly approved by the chair.

(3)  The board of trustees has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law relating to operation of the Florida School for the Deaf and the Blind. Such rules shall be submitted to the State Board of Education for approval or disapproval. If any rule is not disapproved by the State Board of Education within 60 days of its receipt by the State Board of Education, the rule shall be filed immediately with the Department of State. The board of trustees shall act at all times in conjunction with the rules of the State Board of Education.

(4)  The Board of Trustees for the Florida School for the Deaf and the Blind is a body corporate and shall have a corporate seal. Title to any gift, donation, or bequest received by the board of trustees pursuant to subsection (5) shall vest in the board of trustees. Title to all other property and other assets of the Florida School for the Deaf and the Blind shall vest in the State Board of Education, but the board of trustees shall have complete jurisdiction over the management of the school and is invested with full power and authority to appoint a president, faculty, teachers, and other employees and remove the same as in its judgment may be best and fix their compensation; to procure professional services, such as medical, mental health, architectural, engineering, and legal services; to determine eligibility of students and procedure for admission; to provide for the students of the school necessary bedding, clothing, food, and medical attendance and such other things as may be proper for the health and comfort of the students without cost to their parents or guardians, except that the board may set tuition and other fees for nonresidents; to provide for the proper keeping of accounts and records and for budgeting of funds; to enter into contracts; to sue and be sued; to secure public liability insurance; and to do and perform every other matter or thing requisite to the proper management, maintenance, support, and control of the school at the highest efficiency economically possible, the board of trustees taking into consideration the purposes of the establishment.

(5)(a)  The Board of Trustees for the Florida School for the Deaf and the Blind is authorized to receive gifts, donations, and bequests of money or property, real or personal, tangible or intangible, from any person, firm, corporation, or other legal entity. However, the board of trustees may not obligate the state to any expenditure or policy that is not specifically authorized by law.

(b)  If the bill of sale, will, trust indenture, deed, or other legal conveyance specifies terms and conditions concerning the use of such money or property, the board of trustees shall observe such terms and conditions.

(c)  The board of trustees may deposit outside the State Treasury such moneys as are received as gifts, donations, or bequests and may disburse and expend such moneys, upon its own warrant, for the use and benefit of the Florida School for the Deaf and the Blind and its students, as the board of trustees deems to be in the best interest of the school and its students. Such money or property shall not constitute or be considered a part of any legislative appropriation, and such money shall not be used to compensate any person for engaging in lobbying activities before the House of Representatives or Senate or any committee thereof.

(d)  The board of trustees may sell or convey by bill of sale, deed, or other legal instrument any property, real or personal, received as a gift, donation, or bequest, upon such terms and conditions as the board of trustees deems to be in the best interest of the school and its students.

(e)  The board of trustees may invest such moneys in securities enumerated under s. 215.47, and in The Common Fund, an Investment Management Fund exclusively for nonprofit educational institutions.

(6)  The board of trustees shall:

(a)  Prepare and submit legislative budget requests, including fixed capital outlay requests, in accordance with chapter 216 and s. 235.41.

(b)  Administer and maintain personnel programs for all employees of the board of trustees and the Florida School for the Deaf and the Blind who shall be state employees, including the personnel classification and pay plan established in accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for academic and academic administrative personnel, the provisions of chapter 110, and the provisions of law that grant authority to the Department of Management Services over such programs for state employees.

(c)  Adopt a master plan which specifies the mission and objectives of the Florida School for the Deaf and the Blind. The plan shall include, but not be limited to, procedures for systematically measuring the school's progress toward meeting its objectives, analyzing changes in the student population, and modifying school programs and services to respond to such changes. The plan shall be for a period of 5 years and shall be reviewed for needed modifications every 2 years. The board of trustees shall submit the initial plan and subsequent modifications to the Speaker of the House of Representatives and the President of the Senate.

(d)  Seek the advice of the Bureau of Education for Exceptional Students within the Division of Public Schools and Community Education of the Department of Education.

(7)  The Board of Trustees for the Florida School for the Deaf and the Blind, located in St. Johns County, shall designate a portion of the school as "The Verle Allyn Pope Complex for the Deaf," in tribute to the late Senator Verle Allyn Pope.

History.--ss. 1, 2, 3, 4, ch. 63-231; s. 19, ch. 63-400; s. 1, ch. 67-49; ss. 15, 35, ch. 69-106; s. 1, ch. 74-86; s. 1, ch. 74-159; s. 1, ch. 81-32; s. 119, ch. 83-217; s. 1, ch. 83-351; s. 113, ch. 84-336; s. 1, ch. 86-299; s. 2, ch. 88-366; s. 19, ch. 94-232; s. 834, ch. 95-148; s. 32, ch. 97-307; s. 38, ch. 98-200.

242.3315  Student and employee personnel records.--The Board of Trustees for the Florida School for the Deaf and the Blind shall provide for the content and custody of student and employee personnel records. Student records shall be subject to the provisions of s. 228.093. Employee personnel records shall be subject to the provisions of s. 231.291.

History.--s. 20, ch. 94-232.

242.332  Use of out-of-state educational facilities, financing.--

(1)  The Board of Trustees for the Florida School for the Deaf and the Blind is authorized to expend funds for the purpose of sending children under the age of 20, who are deaf as well as blind, and for whom there are no facilities for education in this state, to any school, institution, or other place outside the state which provides a qualified program of education for such children. Such funds may be spent for room, board, tuition, transportation, and other items which are necessarily relevant to the education of such children.

(2)  In interpreting and carrying out the provisions of this act, the words "deaf-blind children," wherever used, will be construed to include any child whose combination of disabilities of deafness and blindness would prevent him or her from profiting satisfactorily from educational programs provided for the blind child or the deaf child.

(3)  The Florida School for the Deaf and the Blind is hereby authorized to determine if such children should be sent to such out-of-state places, and the Board of Trustees for the Florida School for the Deaf and the Blind may adopt such rules as it considers necessary and proper for carrying out the purposes and intents of this section.

History.--s. 1, ch. 67-268; s. 21, ch. 94-232; s. 10, ch. 94-303; s. 835, ch. 95-148.

242.333  Legal services for officers and employees; reimbursement for judgments in civil actions.--The Board of Trustees for the Florida School for the Deaf and the Blind is authorized to provide legal services for officers and employees of the board of trustees who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities. The board of trustees may provide for reimbursement of reasonable expenses for legal services for officers and employees of said board of trustees who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities upon successful defense by the employee or officer. However, in any case in which the officer or employee pleads guilty or nolo contendere or is found guilty of any such action, the officer or employee shall reimburse the board of trustees for any legal services which the board of trustees may have supplied pursuant to this section. The board of trustees may also reimburse an officer or employee thereof for any judgment which may be entered against him or her in a civil action arising out of and in the course of the performance of his or her assigned duties and responsibilities. Each expenditure by the board of trustees for legal defense of an officer or employee, or for reimbursement pursuant to this section, shall be made at a public meeting with notice pursuant to s. 120.525(1). The providing of such legal services or reimbursement under the conditions described above is declared to be a school purpose for which school funds may be expended.

History.--s. 3, ch. 88-366; s. 81, ch. 95-148; s. 53, ch. 96-410.

242.335  Personnel screening; Florida School for the Deaf and the Blind.--

(1)  The Board of Trustees of the Florida School for the Deaf and the Blind shall, because of the special trust or responsibility of employees of the school, require all employees and applicants for employment to undergo personnel screening and security background investigations as provided in chapter 435, using the level 2 standards for screening set forth in that chapter, as a condition of employment and continued employment. The cost of a personnel screening and security background investigation for an employee of the school shall be paid by the school. The cost of such a screening and investigation for an applicant for employment may be paid by the school.

(2)  As a prerequisite for initial and continuing employment at the Florida School for the Deaf and the Blind:

(a)  The applicant or employee shall submit to the Florida School for the Deaf and the Blind a complete set of fingerprints taken by an authorized law enforcement agency or an employee of the Florida School for the Deaf and the Blind who is trained to take fingerprints. The Florida School for the Deaf and the Blind shall submit the fingerprints to the Department of Law Enforcement for state processing and the Federal Bureau of Investigation for federal processing.

(b)1.  The applicant or employee shall attest to the minimum standards for good moral character as contained in chapter 435, using the level 2 standards set forth in that chapter under penalty of perjury.

2.  New personnel shall be on a probationary status pending a determination of compliance with such minimum standards for good moral character. This paragraph is in addition to any probationary status provided for by Florida law or Florida School for the Deaf and the Blind rules or collective bargaining contracts.

(c)  The Florida School for the Deaf and the Blind shall review the record of the applicant or employee with respect to the crimes contained in s. 435.04 and shall notify the applicant or employee of its findings. When disposition information is missing on a criminal record, it shall be the responsibility of the applicant or employee, upon request of the Florida School for the Deaf and the Blind, to obtain and supply within 30 days the missing disposition information to the Florida School for the Deaf and the Blind. Failure to supply missing information within 30 days or to show reasonable efforts to obtain such information shall result in automatic disqualification of an applicant and automatic termination of an employee.

(d)  After an initial personnel screening and security background investigation, written notification shall be given to the affected employee within a reasonable time prior to any subsequent screening and investigation.

(3)  The Florida School for the Deaf and the Blind may grant exemptions from disqualification as provided in s. 435.07.

(4)  The Florida School for the Deaf and the Blind may not use the criminal records, private investigator findings, or information reference checks obtained by the school pursuant to this section for any purpose other than determining if a person meets the minimum standards for good moral character for personnel employed by the school. The criminal records, private investigator findings, and information from reference checks obtained by the Florida School for the Deaf and the Blind for determining the moral character of employees of the school are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(5)  It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

(a)  Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person's qualifications for a position of special trust.

(b)  Use the criminal records, private investigator findings, or information from reference checks obtained under this section or information obtained from such records or findings for purposes other than screening for employment or release such information or records to persons for purposes other than screening for employment.

History.--s. 1, ch. 89-535; s. 2, ch. 90-31; s. 2, ch. 90-225; s. 83, ch. 90-360; s. 5, ch. 91-33; s. 94, ch. 91-45; s. 20, ch. 91-57; s. 9, ch. 93-156; s. 17, ch. 94-134; s. 17, ch. 94-135; s. 1, ch. 95-137; s. 836, ch. 95-148; s. 13, ch. 95-152; s. 11, ch. 95-158; s. 34, ch. 95-228; s. 122, ch. 95-418; s. 6, ch. 96-268; ss. 104, 105, ch. 96-406; s. 22, ch. 2000-152; s. 56, ch. 2000-349.

242.337  Procedure for legislative budget requests for the Florida School for the Deaf and the Blind.--

(1)  The legislative budget request of the Florida School for the Deaf and the Blind shall be prepared using the same format, procedures, and timelines required for the submission of the legislative budget of the Department of Education. The Commissioner of Education shall include the Florida School for the Deaf and the Blind in the department's legislative budget request to the State Board of Education, the Governor, and the Legislature. The legislative budget request and the appropriation for the Florida School for the Deaf and the Blind shall be a separate identifiable sum in the Division of Public Schools and Community Education budget entity of the Department of Education. The annual appropriation for the school shall be distributed monthly in payments as nearly equal as possible. Appropriations for textbooks, instructional technology, and school buses may be released and distributed as necessary to serve the instructional program for the students.

(2)  Fixed capital outlay needs of the school shall continue to be requested in the public education capital outlay legislative budget request of the Department of Education.

History.--s. 22, ch. 94-232; s. 33, ch. 97-307.

242.339  Budgets for the Florida School for the Deaf and the Blind.--The president of the school shall recommend to the board of trustees a budget of income and expenditures at such time and in such form as the board of trustees may prescribe. The board of trustees shall adopt procedures for the approval of budget amendments.

History.--s. 23, ch. 94-232.

242.341  Florida School for the Deaf and the Blind; board of trustees; management flexibility.--

(1)  Notwithstanding the provisions of ss. 216.031, 216.181, and 216.262 to the contrary and pursuant to the provisions of s. 216.351, but subject to any guidelines imposed in the General Appropriations Act, funds for the operation of the Florida School for the Deaf and the Blind shall be requested and appropriated within budget entities, program components, program categories, lump sums, or special categories. Funds appropriated to the Florida School for the Deaf and the Blind for each program category, lump sum, or special category may be transferred to traditional categories for expenditure by the board of trustees of the school. The board of trustees shall develop an annual operating budget that allocates funds by program component and traditional expenditure category.

(2)  Notwithstanding the provisions of s. 216.181 and pursuant to the provisions of s. 216.351, but subject to any requirements imposed in the General Appropriations Act, no lump-sum plan is required to implement the special categories, program categories, or lump-sum appropriations. Upon release of the special categories, program categories, or lump-sum appropriations to the board of trustees, the Comptroller, upon the request of the board of trustees, shall transfer or reallocate funds to or among accounts established for disbursement purposes. The board of trustees shall maintain records to account for the original appropriation.

(3)  Notwithstanding the provisions of ss. 216.031, 216.181, 216.251, and 216.262 to the contrary and pursuant to the provisions of s. 216.351, but subject to any requirements imposed in the General Appropriations Act, the board of trustees shall establish the authorized positions and may amend such positions, within the total funds authorized annually in the appropriations act.

History.--s. 24, ch. 94-232.

242.343  Florida School for the Deaf and the Blind campus police.--

(1)  The Board of Trustees for the Florida School for the Deaf and the Blind is permitted and empowered to employ police officers for the school, who must be designated Florida School for the Deaf and the Blind campus police.

(2)  Each Florida School for the Deaf and the Blind campus police officer is a law enforcement officer of the state and a conservator of the peace who has the authority to arrest, in accordance with the laws of this state, any person for a violation of state law or applicable county or municipal ordinance if that violation occurs on or in any property or facilities of the school. A campus police officer may also arrest a person off campus for a violation committed on campus after a hot pursuit of that person which began on campus. A campus police officer shall have full authority to bear arms in the performance of the officer's duties and carry out a search pursuant to a search warrant on the campus. Florida School for the Deaf and the Blind campus police, upon request of the sheriff or local police authority, may serve subpoenas or other legal process and may make arrests of persons against whom arrest warrants have been issued or against whom charges have been made for violations of federal or state laws or county or municipal ordinances.

(3)  The campus police shall promptly deliver all persons arrested and charged with felonies to the sheriff of the county within which the school is located and all persons arrested and charged with misdemeanors to the applicable authority as provided by law, but otherwise to the sheriff of the county in which the school is located.

(4)  The campus police must meet the minimum standards established by the Criminal Justice Standards and Training Commission of the Department of Law Enforcement and chapter 943 for law enforcement officers. Each campus police officer must, before entering into the performance of the officer's duties, take the oath of office established by the board of trustees. The board of trustees may obtain and approve a bond on each campus police officer, conditioned upon the officer's faithful performance of the officer's duties, which bond must be payable to the Governor. The board of trustees may determine the amount of the bond. In determining the amount of the bond, the board may consider the amount of money or property likely to be in the custody of the officer at any one time. The board of trustees must provide a uniform set of identifying credentials to each campus police officer it employs.

(5)  In performance of any of the powers, duties, and functions authorized by law, campus police have the same rights, protections, and immunities afforded other law enforcement officers.

(6)  The board of trustees shall adopt rules, including, without limitation, rules for the appointment, employment, and removal of campus police in accordance with the State Career Service System and shall establish in writing a policy manual, that includes, without limitation, procedures for managing routine law enforcement situations and emergency law enforcement situations. The board of trustees shall furnish a copy of the policy manual to each of the campus police officers it employs. A campus police officer appointed by the board of trustees must have completed the training required by the school in the special needs and proper procedures for dealing with students served by the school.

History.--s. 25, ch. 94-232; s. 27, ch. 98-34.

242.345  Report of campus crime statistics.--

(1)  The school shall prepare an annual report of statistics of crimes committed on its campus and shall submit the report to the board of trustees and the Commissioner of Education. The data for these reports may be taken from the annual report of the Department of Law Enforcement. The board of trustees shall prescribe the form for submission of these reports.

(2)  The school shall prepare annually a report of statistics of crimes committed on its campus for the preceding 3 years. The school shall give students and prospective students notice that this report is available upon request.

History.--s. 26, ch. 94-232.

242.391  Construction of state school in St. Johns County.--If and when the State School for Deaf and Blind as provided for by law is separated and there is created a special state school for the blind and a state school for the deaf, such schools shall both be located in St. Johns County.

History.--s. 1, ch. 63-164.

242.62  Appropriation to first accredited medical school.--

(1)  Subject to the provisions hereinafter set forth, the Legislature shall provide an annual appropriation to the first accredited medical school. Payments of moneys from such appropriation shall be made semiannually at the beginning of the first and third quarters.

(2)  In order for a medical school to qualify under the provisions of this section and to be entitled to the benefits herein, such medical school:

(a)  Must be primarily operated and established to offer, afford, and render a medical education to residents of the state qualifying for admission to such institution;

(b)  Must be operated by a municipality or county of this state, or by a nonprofit organization heretofore or hereafter established exclusively for educational purposes;

(c)  Must, upon the formation and establishment of an accredited medical school, transmit and file with the Department of Education documentary proof evidencing the facts that such institution has been certified and approved by the council on medical education and hospitals of the American Medical Association and has adequately met the requirements of that council in regard to its administrative facilities, administrative plant, clinical facilities, curriculum, and all other such requirements as may be necessary to qualify with the council as a recognized, approved, and accredited medical school;

(d)  Must certify to the Department of Education the name, address, and educational history of each student approved and accepted for enrollment in such institution for the ensuing school year.

(3)  The Department of Education shall, within 60 days of the receipt of the student enrollment of the medical school, pay to the school, each year, the amount appropriated for students accepted and approved for enrollment in such medical institution, provided each medical student is a legal resident of the state or, if the student is not of legal age, his or her parents or legal guardian are residents of the state at the time of the student's acceptance and approval as a medical student. In the event a student resigns or is dismissed from such medical institution for any reason whatsoever before the end of a school year, then the medical institution shall, within 30 days from such dismissal or resignation, remit to the state, through the Department of Education, a pro rata amount of the sum before paid by the state to the medical institution, which amount is to be computed by dividing the total number of days in the school year into the sum paid for that student and multiplying the result by the total number of days remaining in such school year after such resignation or dismissal.

(4)  Such institution is prohibited from expending any of the sums received under the terms of this section for any purposes whatsoever, except for the operation and maintenance of a medical school and for medical research. The institution is further prohibited from expending any sums received under the terms of this section for the construction or erection of any buildings of any kind, nature, or description or for the maintenance and operation of a hospital in any form or manner whatsoever.

History.--ss. 1, 2, 3, 4, 5, ch. 26763, 1951; s. 8, ch. 57-400; s. 1, ch. 59-484; s. 1, ch. 63-52; s. 2, ch. 63-204; s. 18, ch. 65-130; s. 1, ch. 65-305; s. 1, ch. 67-439; s. 1, ch. 69-61; ss. 15, 35, ch. 69-106; s. 1, ch. 69-319; s. 1, ch. 72-56; s. 43, ch. 82-241; s. 64, ch. 84-336; s. 70, ch. 87-224; s. 82, ch. 95-148.

242.65  Florida School of the Arts.--

(1)  This section shall be known and may be cited as the "Florida School of the Arts Act."

(2)  As the state strives to achieve excellence in all aspects of public education, it is the intent of the Legislature that specific attention be given to the needs of artistically talented high school and college students. It is further intended that such students who are occupationally oriented to the arts be provided with the means for achieving both an academic education and artistic training appropriate to their gifts.

(3)  There is created the Florida School of the Arts. The school shall offer a program of academic and artistic studies in the visual and performing arts, which program shall be available to talented high school and college students in the state.

(4)  The Florida School of the Arts is assigned to the District Board of Trustees of the St. Johns River Community College for purposes of administration and governance; but the Florida School of the Arts, within appropriations and limitations established annually by the Legislature, shall serve as a professional school on a statewide basis for all qualified students.

(5)  The Council for the Florida School of the Arts shall be established to advise the community college district board of trustees on matters pertaining to the operation of the school. The council shall consist of nine members, appointed by the Commissioner of Education for 4-year terms. A member may serve three terms and may serve until replaced.

History.--ss. 1, 2, ch. 84-209; s. 5, ch. 91-429; s. 8, ch. 95-146; s. 37, ch. 95-392.