Senate Bill sb1014c1
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Florida Senate - 2006 CS for SB 1014
By the Committee on Education Appropriations; and Senator Wise
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1 A bill to be entitled
2 An act relating to the Florida School for the
3 Deaf and the Blind; amending s. 1002.36, F.S.;
4 authorizing the provision of education services
5 to district school boards upon request;
6 revising powers and duties of the Board of
7 Trustees for the Florida School for the Deaf
8 and the Blind relating to requirements for
9 expenditure of certain funds; authorizing
10 campus police officers to enforce traffic laws;
11 deleting provisions authorizing bonding of
12 campus police officers; amending s. 1013.31,
13 F.S.; including reference to the Florida School
14 for the Deaf and the Blind in provisions
15 relating to educational plant surveys;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsections (1) and (2), paragraphs (e) and
21 (f) of subsection (4), and paragraphs (b) and (d) of
22 subsection (8) of section 1002.36, Florida Statutes, are
23 amended to read:
24 1002.36 Florida School for the Deaf and the Blind.--
25 (1) RESPONSIBILITIES.--The Florida School for the Deaf
26 and the Blind, located in St. Johns County, is a
27 state-supported residential public school for hearing-impaired
28 and visually impaired students in preschool through 12th
29 grade. The school is a component of the delivery of public
30 education within Florida's K-20 education system and shall be
31 funded through the Department of Education. The school shall
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1 provide educational programs and support services appropriate
2 to meet the education and related evaluation and counseling
3 needs of hearing-impaired and visually impaired students in
4 the state who meet enrollment criteria. Unless otherwise
5 provided by law, the school shall comply with all laws and
6 rules applicable to state agencies. Education services may be
7 provided on an outreach basis for sensory-impaired children
8 ages 0 through 5 years and to district school boards upon
9 request their parents. Graduates of the Florida School for the
10 Deaf and the Blind shall be eligible for the William L. Boyd,
11 IV, Florida Resident Access Grant Program as provided in s.
12 1009.89.
13 (2) MISSION.--The mission of the Florida School for
14 the Deaf and the Blind is to utilize all available talent,
15 energy, and resources to provide free appropriate public
16 education for eligible sensory-impaired students of Florida.
17 As a school of academic excellence, the school shall strive to
18 provide students an opportunity to access education services
19 maximize their individual potential in a caring, safe, unique
20 learning environment to prepare them to be literate,
21 employable, and independent lifelong learners. The school
22 shall provide outreach services that include collaboration
23 with district school boards and shall encourage input from
24 students, staff, parents, and the community. As a diverse
25 organization, the school shall foster respect and
26 understanding for each individual.
27 (4) BOARD OF TRUSTEES.--
28 (e) The board of trustees is invested with full power
29 and authority to:
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1 1. Appoint a president, faculty, teachers, and other
2 employees and remove the same as in its judgment may be best
3 and fix their compensation.
4 2. Procure professional services, such as medical,
5 mental health, architectural, and engineering.
6 3. Procure legal services without the prior written
7 approval of the Attorney General.
8 4. Determine eligibility of students and procedure for
9 admission.
10 5. Provide for the students of the school necessary
11 bedding, clothing, food, and medical attendance and such other
12 things as may be proper for the health and comfort of the
13 students without cost to their parents, except that the board
14 of trustees may set tuition and other fees for nonresidents.
15 6. Provide for the proper keeping of accounts and
16 records and for budgeting of funds.
17 7. Enter into contracts.
18 8. Sue and be sued.
19 9. Secure public liability insurance.
20 10. Do and perform every other matter or thing
21 requisite to the proper management, maintenance, support, and
22 control of the school at the highest efficiency economically
23 possible, the board of trustees taking into consideration the
24 purposes of the establishment.
25 11. Receive gifts, donations, and bequests of money or
26 property, real or personal, tangible or intangible, from any
27 person, firm, corporation, or other legal entity. However, the
28 board of trustees may not obligate the state to any
29 expenditure or policy that is not specifically authorized by
30 law. If the bill of sale, will, trust indenture, deed, or
31 other legal conveyance specifies terms and conditions
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1 concerning the use of such money or property, the board of
2 trustees shall observe such terms and conditions.
3 12. Deposit outside the State Treasury such moneys as
4 are received as gifts, donations, or bequests and may disburse
5 and expend such moneys, upon its own warrant, for the use and
6 benefit of the Florida School for the Deaf and the Blind and
7 its students, as the board of trustees deems to be in the best
8 interest of the school and its students. Such money or
9 property shall not constitute or be considered a part of any
10 legislative appropriation, and such money shall not be used to
11 compensate any person for engaging in lobbying activities
12 before the House of Representatives or Senate or any committee
13 thereof.
14 13. Sell or convey by bill of sale, deed, or other
15 legal instrument any property, real or personal, received as a
16 gift, donation, or bequest, upon such terms and conditions as
17 the board of trustees deems to be in the best interest of the
18 school and its students.
19 14. Invest such moneys in securities enumerated under
20 s. 215.47(1), (2)(d), (3), (4), and (9), and in The Common
21 Fund, an Investment Management Fund exclusively for nonprofit
22 educational institutions.
23 (f) The board of trustees shall:
24 1. Prepare and submit legislative budget requests for
25 operations and fixed capital outlay, in accordance with
26 chapter 216 and ss. 1011.56 and 1013.60, to the Department of
27 Education for review and approval. The department must analyze
28 the amount requested for fixed capital outlay to determine if
29 the request is consistent with the school's campus master
30 plan, educational plant survey, and facilities master plan.
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1 2. Approve and administer an annual operating budget
2 in accordance with ss. 1011.56 and 1011.57.
3 3. Require all funds received other than gifts,
4 donations, bequests, funds raised by or belonging to student
5 clubs or student organizations, and funds held for specific
6 students or in accounts for individual students to be
7 deposited in the State Treasury and expended as authorized in
8 the General Appropriations Act.
9 4. Require all purchases to be in accordance with the
10 provisions of chapter 287 except for purchases made with funds
11 received as gifts, donations, or bequests, funds raised by or
12 belonging to student clubs or student organizations, or funds
13 held for specific students or in accounts for individual
14 students.
15 5. Administer and maintain personnel programs for all
16 employees of the board of trustees and the Florida School for
17 the Deaf and the Blind who shall be state employees, including
18 the personnel classification and pay plan established in
19 accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
20 academic and academic administrative personnel, the provisions
21 of chapter 110, and the provisions of law that grant authority
22 to the Department of Management Services over such programs
23 for state employees.
24 6. Give preference in appointment and retention in
25 positions of employment as provided within s. 295.07(1).
26 7. Ensure that the Florida School for the Deaf and the
27 Blind complies with s. 1013.351 concerning the coordination of
28 planning between the Florida School for the Deaf and the Blind
29 and local governing bodies.
30 8. Ensure that the Florida School for the Deaf and the
31 Blind complies with s. 112.061 concerning per diem and travel
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1 expenses of public officers, employees, and authorized persons
2 with respect to all funds other than funds received as gifts,
3 donations, or bequests, funds raised by or belonging to
4 student clubs or student organizations, or funds held for
5 specific students or in accounts for individual students.
6 9. Adopt a master plan which specifies the mission and
7 objectives of the Florida School for the Deaf and the Blind.
8 The plan shall include, but not be limited to, procedures for
9 systematically measuring the school's progress toward meeting
10 its objectives, analyzing changes in the student population,
11 and modifying school programs and services to respond to such
12 changes. The plan shall be for a period of 5 years and shall
13 be reviewed for needed modifications every 2 years. The board
14 of trustees shall submit the initial plan and subsequent
15 modifications to the Speaker of the House of Representatives
16 and the President of the Senate.
17 10. Designate a portion of the school as "The Verle
18 Allyn Pope Complex for the Deaf," in tribute to the late
19 Senator Verle Allyn Pope.
20 (8) CAMPUS POLICE.--
21 (b) Each Florida School for the Deaf and the Blind
22 campus police officer is a law enforcement officer of the
23 state and a conservator of the peace who has the authority to
24 arrest, in accordance with the laws of this state, any person
25 for a violation of state law or applicable county or municipal
26 ordinance if that violation occurs on or in any property or
27 facilities of the school. A campus police officer may also
28 arrest a person off campus for a violation committed on campus
29 after a hot pursuit of that person which began on campus. A
30 campus police officer shall have full authority to bear arms
31 in the performance of the officer's duties and carry out a
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1 search pursuant to a search warrant on the campus. Florida
2 School for the Deaf and the Blind campus police, upon request
3 of the sheriff or local police authority, may serve subpoenas
4 or other legal process and may make arrests of persons against
5 whom arrest warrants have been issued or against whom charges
6 have been made for violations of federal or state laws or
7 county or municipal ordinances. Campus police officers shall
8 have authority to enforce traffic laws within the boundaries
9 of the campus in accordance with s. 316.640.
10 (d) The campus police must meet the minimum standards
11 established by the Criminal Justice Standards and Training
12 Commission of the Department of Law Enforcement and chapter
13 943 for law enforcement officers. Each campus police officer
14 must, before entering into the performance of the officer's
15 duties, take the oath of office established by the board of
16 trustees. The board of trustees may obtain and approve a bond
17 on each campus police officer, conditioned upon the officer's
18 faithful performance of the officer's duties, which bond must
19 be payable to the Governor. The board of trustees may
20 determine the amount of the bond. In determining the amount of
21 the bond, the board may consider the amount of money or
22 property likely to be in the custody of the officer at any one
23 time. The board of trustees must provide a uniform set of
24 identifying credentials to each campus police officer it
25 employs.
26 Section 2. Paragraph (b) of subsection (1) of section
27 1013.31, Florida Statutes, is amended to read:
28 1013.31 Educational plant survey; localized need
29 assessment; PECO project funding.--
30 (1) At least every 5 years, each board shall arrange
31 for an educational plant survey, to aid in formulating plans
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1 for housing the educational program and student population,
2 faculty, administrators, staff, and auxiliary and ancillary
3 services of the district or campus, including consideration of
4 the local comprehensive plan. The Office of Workforce and
5 Economic Development shall document the need for additional
6 career and adult education programs and the continuation of
7 existing programs before facility construction or renovation
8 related to career or adult education may be included in the
9 educational plant survey of a school district or community
10 college that delivers career or adult education programs.
11 Information used by the Office of Workforce and Economic
12 Development to establish facility needs must include, but need
13 not be limited to, labor market data, needs analysis, and
14 information submitted by the school district or community
15 college.
16 (b) Required need assessment criteria for district,
17 community college, college and state university, and Florida
18 School for the Deaf and the Blind plant surveys.--Educational
19 plant surveys must use uniform data sources and criteria
20 specified in this paragraph. Each revised educational plant
21 survey and each new educational plant survey supersedes
22 previous surveys.
23 1. The school district's survey must be submitted as a
24 part of the district educational facilities plan defined in s.
25 1013.35. To ensure that the data reported to the Department of
26 Education as required by this section is correct, the
27 department shall annually conduct an onsite review of 5
28 percent of the facilities reported for each school district
29 completing a new survey that year. If the department's review
30 finds the data reported by a district is less than 95 percent
31 accurate, within 1 year from the time of notification by the
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1 department the district must submit revised reports correcting
2 its data. If a district fails to correct its reports, the
3 commissioner may direct that future fixed capital outlay funds
4 be withheld until such time as the district has corrected its
5 reports so that they are not less than 95 percent accurate.
6 2. Each survey of a special facility, joint-use
7 facility, or cooperative career education facility must be
8 based on capital outlay full-time equivalent student
9 enrollment data prepared by the department for school
10 districts, community colleges, colleges, and universities. A
11 survey of space needs of a joint-use facility shall be based
12 upon the respective space needs of the school districts,
13 community colleges, colleges, and universities, as
14 appropriate. Projections of a school district's facility space
15 needs may not exceed the norm space and occupant design
16 criteria established by the State Requirements for Educational
17 Facilities.
18 3. Each community college's survey must reflect the
19 capacity of existing facilities as specified in the inventory
20 maintained by the Department of Education. Projections of
21 facility space needs must comply with standards for
22 determining space needs as specified by rule of the State
23 Board of Education. The 5-year projection of capital outlay
24 student enrollment must be consistent with the annual report
25 of capital outlay full-time student enrollment prepared by the
26 Department of Education.
27 4. Each college and state university's survey must
28 reflect the capacity of existing facilities as specified in
29 the inventory maintained and validated by the Division of
30 Colleges and Universities. Projections of facility space needs
31 must be consistent with standards for determining space needs
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1 approved by the Division of Colleges and Universities. The
2 projected capital outlay full-time equivalent student
3 enrollment must be consistent with the 5-year planned
4 enrollment cycle for the State University System approved by
5 the Division of Colleges and Universities.
6 5. The district educational facilities plan of a
7 school district and the educational plant survey of a
8 community college, or college or state university, or the
9 Florida School for the Deaf and the Blind may include space
10 needs that deviate from approved standards for determining
11 space needs if the deviation is justified by the district or
12 institution and approved by the department, as necessary for
13 the delivery of an approved educational program.
14 Section 3. This act shall take effect July 1, 2006.
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16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 Senate Bill 1014
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19 Deletes proposed language providing that projections of
facility space needs for the appropriation of fixed capital
20 outlay funds may exceed the norm space and occupant criteria
in the State Requirements for Educational Facilities.
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