1 | A bill to be entitled |
2 | An act relating to the Dan Marino Foundation Florida |
3 | Vocational College; establishing the Dan Marino Foundation |
4 | Florida Vocational College in Broward County as a public |
5 | residential postsecondary school for certain students who |
6 | have developmental disabilities; providing funding for the |
7 | school through the Department of Education; requiring that |
8 | the school comply with the laws and rules applicable to |
9 | state agencies unless otherwise provided by law; requiring |
10 | that the school provide educational programs and services; |
11 | requiring that the Auditor General conduct annual audits |
12 | of the school's accounts and records; creating a board of |
13 | trustees; providing membership, terms, and specifying |
14 | powers and duties of the board; requiring that the board |
15 | submit legislative budget requests for operations and |
16 | fixed capital outlay; requiring that the board provide for |
17 | the content and custody of student and employee personnel |
18 | records; authorizing the board to provide legal services |
19 | and reimbursement of expenses for officers and employees |
20 | of the board; requiring notice and a public meeting under |
21 | certain circumstances; requiring that all employees and |
22 | applicants for employment with the board undergo personnel |
23 | screening and security background investigations; |
24 | providing a penalty for failure to disclose certain |
25 | material facts and for use of confidential information for |
26 | certain purposes; authorizing the employment of campus |
27 | police and providing powers, duties, and qualifications; |
28 | requiring reporting of on-campus crime statistics; |
29 | amending s. 1000.04, F.S.; providing that the Dan Marino |
30 | Foundation Florida Vocational College is a component of |
31 | the delivery of public education within Florida's K-20 |
32 | education system; amending s. 1001.20, F.S.; authorizing |
33 | investigations by the Office of Inspector General within |
34 | the Department of Education; providing an effective date. |
35 |
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36 | Be It Enacted by the Legislature of the State of Florida: |
37 |
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38 | Section 1. The Dan Marino Foundation Florida Vocational |
39 | College.- |
40 | (1) RESPONSIBILITIES.-The Dan Marino Foundation Florida |
41 | Vocational College is established in Broward County, Florida, as |
42 | a state-supported residential school that provides students who |
43 | have developmental disabilities, who are 18 to 26 years of age, |
44 | and who have graduated from high school the opportunity to |
45 | obtain a postsecondary education on a college campus setting. |
46 | The school shall be a component of the delivery of public |
47 | education within Florida's K-20 education system and shall be |
48 | funded through the Department of Education. The school shall |
49 | provide educational programs and support services appropriate to |
50 | meet the educational and related evaluation and counseling needs |
51 | of students who have developmental disabilities and who meet the |
52 | enrollment criteria. Unless otherwise provided by law, the |
53 | school shall comply with all laws and rules applicable to state |
54 | agencies. Educational services may be provided on an outreach |
55 | basis for students who have developmental disabilities and who |
56 | are 18 to 26 years of age and to district school boards upon |
57 | request. |
58 | (2) MISSION.-The mission of the Dan Marino Foundation |
59 | Florida Vocational College is to provide an appropriate public |
60 | education for eligible Florida students who have developmental |
61 | disabilities. As a school that provides programs for attaining |
62 | vocational, life, social, and independent living skills, the |
63 | school shall strive to provide students with an opportunity to |
64 | develop skills fostering their independence in a caring, safe, |
65 | and unique learning environment, to prepare them to be an |
66 | integral part of the community, and to allow them to become |
67 | significantly less dependent on government funding. The school |
68 | shall provide outreach services that include collaboration with |
69 | employers, district school boards, and community organizations |
70 | and shall encourage input from students, staff, parents, and the |
71 | community. As a diverse organization, the school shall foster |
72 | respect and understanding for each individual. |
73 | (3) AUDITS.-The Auditor General shall conduct annual |
74 | audits of the accounts and records of the Dan Marino Foundation |
75 | Florida Vocational College. The Department of Education's |
76 | inspector general may conduct investigations at the school in |
77 | accordance with s. 1001.20(4)(e), Florida Statutes. |
78 | (4) BOARD OF TRUSTEES.- |
79 | (a) A Board of Trustees for the Dan Marino Foundation |
80 | Florida Vocational College is created and shall consist of seven |
81 | members who are appointed by the Governor and subject to |
82 | confirmation by the Senate. Of these seven members, two shall be |
83 | persons who have developmental disabilities. Each board member |
84 | must have been a resident of the state for at least 10 years |
85 | before his or her appointment. The term of office of each member |
86 | shall be 4 years. The Governor may remove any member for cause |
87 | and shall fill all vacancies that occur. |
88 | (b) The board of trustees shall elect a chair annually. |
89 | The trustees are entitled to reimbursement for travel expenses |
90 | pursuant to s. 112.061, Florida Statutes, the accounts of which |
91 | shall be paid by the Chief Financial Officer upon itemized |
92 | vouchers duly approved by the chair. |
93 | (c) The board of trustees may adopt rules to administer |
94 | this section and relating to the operation of the Dan Marino |
95 | Foundation Florida Vocational College. The board shall submit |
96 | the rules to the State Board of Education for approval or |
97 | disapproval. After a rule is approved by the state board, the |
98 | rule shall be filed immediately with the Department of State. |
99 | The board of trustees shall act at all times in conjunction with |
100 | the rules of the State Board of Education. |
101 | (d) The board of trustees is a body corporate and shall |
102 | have a corporate seal. Unless otherwise provided by law, all |
103 | actions of the board of trustees shall be consistent with all |
104 | laws and rules applicable to state agencies. Title to any gift, |
105 | donation, or bequest received by the board of trustees pursuant |
106 | to subparagraph (e)11., shall vest in the board of trustees. |
107 | Title to all other property and other assets of the Dan Marino |
108 | Foundation Florida Vocational College shall vest in the State |
109 | Board of Education; however, the board of trustees shall have |
110 | complete jurisdiction over the management of the school. |
111 | (e) The board of trustees is invested with full power and |
112 | authority to: |
113 | 1. Appoint a president, faculty, teachers, and other |
114 | employees, to remove the same as in its judgment may be best, |
115 | and to fix their compensation. |
116 | 2. Procure professional services, including, but not |
117 | limited to, medical, mental health, architectural, and |
118 | engineering services. |
119 | 3. Procure legal services without the prior written |
120 | approval of the Attorney General. |
121 | 4. Determine eligibility of students and the procedure for |
122 | admission. |
123 | 5. Provide students with necessary bedding, clothing, |
124 | food, and medical attendance and such other things as may be |
125 | proper for the health and comfort of the students without cost |
126 | to their parents, except that the board of trustees may set |
127 | tuition and other fees for nonresidents. |
128 | 6. Provide for the proper keeping of accounts and records |
129 | and for budgeting of funds. |
130 | 7. Enter into contracts. |
131 | 8. Sue and be sued. |
132 | 9. Secure public liability insurance. |
133 | 10. Do and perform every other matter or thing necessary |
134 | to the proper management, maintenance, support, and control of |
135 | the school at the highest efficiency economically possible, |
136 | taking into consideration the purposes of the establishment. |
137 | 11. Receive gifts, donations, and bequests of money or |
138 | property, real or personal, tangible or intangible, from any |
139 | person, firm, corporation, or other legal entity. However, the |
140 | board of trustees may not obligate the state to any expenditure |
141 | or policy that is not specifically authorized by law. If a bill |
142 | of sale, will, trust indenture, deed, or other legal conveyance |
143 | specifies terms and conditions concerning the use of such money |
144 | or property, the board of trustees shall observe such terms and |
145 | conditions. |
146 | 12. Deposit outside the State Treasury such moneys as are |
147 | received as gifts, donations, or bequests and may disburse and |
148 | expend such moneys, upon its own warrant, for the use and |
149 | benefit of the Dan Marino Foundation Florida Vocational College |
150 | and its students as the board of trustees deems to be in the |
151 | best interest of the school and its students. This money or |
152 | property is not a part of any legislative appropriation. |
153 | 13. Sell or convey by bill of sale, deed, or other legal |
154 | instrument any property, real or personal, received as a gift, |
155 | donation, or bequest upon such terms and conditions as the board |
156 | of trustees deems to be in the best interest of the school and |
157 | its students. |
158 | 14. Invest such moneys in securities enumerated under s. |
159 | 215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in |
160 | The Common Fund, an Investment Management Fund exclusively for |
161 | nonprofit educational institutions. |
162 | (f) The board of trustees shall: |
163 | 1. Prepare and submit legislative budget requests for |
164 | operations and fixed capital outlay, in accordance with chapter |
165 | 216, Florida Statutes, to the Department of Education for review |
166 | and approval. The department shall analyze the amount requested |
167 | for fixed capital outlay to determine whether the request is |
168 | consistent with the college's campus master plan, educational |
169 | plant survey, and facilities master plan. Projections of |
170 | facility space needs may exceed the norm space and occupant |
171 | design criteria established in the State Requirements for |
172 | Educational Facilities. |
173 | 2. Approve and administer an annual operating budget. |
174 | 3. Require all funds received, other than gifts, |
175 | donations, bequests, funds raised by or belonging to student |
176 | clubs or student organizations, and funds held for specific |
177 | students or in accounts for individual students, to be deposited |
178 | in the State Treasury and expended as authorized in the General |
179 | Appropriations Act. |
180 | 4. Require all purchases to be in accordance with chapter |
181 | 287, Florida Statutes, except for purchases made with funds |
182 | received as gifts, donations, or bequests; funds raised by or |
183 | belonging to student clubs or student organizations; and funds |
184 | held for specific students or in accounts for individual |
185 | students. |
186 | 5. Administer and maintain personnel programs for all |
187 | employees of the board of trustees and the Dan Marino Foundation |
188 | Florida Vocational College. Such employees shall be state |
189 | employees, except that the classification and pay plan for |
190 | academic personnel and academic administrative personnel of the |
191 | school shall be set by the board of trustees, subject only to |
192 | the approval of the State Board of Education. Such employees |
193 | shall be subject to the provisions of chapter 110, Florida |
194 | Statutes, and the provisions of law that grant authority to the |
195 | Department of Management Services over such programs for state |
196 | employees. |
197 | 6. Give preference in appointment and retention in |
198 | positions of employment as provided in s. 295.07(1), Florida |
199 | Statutes. |
200 | 7. Ensure that the Dan Marino Foundation Florida |
201 | Vocational College coordinates planning with local governing |
202 | bodies for educational facility construction. |
203 | 8. Ensure that the Dan Marino Foundation Florida |
204 | Vocational College complies with s. 112.061, Florida Statutes, |
205 | concerning per diem and travel expenses of public officers, |
206 | employees, and authorized persons with respect to all funds |
207 | other than funds received as gifts, donations, or bequests; |
208 | funds raised by or belonging to student clubs or student |
209 | organizations; and funds held for specific students or in |
210 | accounts for individual students. |
211 | 9. Adopt a master plan that specifies the mission and |
212 | objectives of the Dan Marino Foundation Florida Vocational |
213 | College. The plan shall include, but not be limited to, |
214 | procedures for systematically measuring the schools progress |
215 | toward meeting its objectives, analyzing changes in the student |
216 | population, and modifying school programs and services to |
217 | respond to such changes. The plan shall be implemented for a |
218 | period of 5 years and shall be reviewed for needed modifications |
219 | every 2 years. The board of trustees shall submit the initial |
220 | plan and subsequent modifications to the President of the Senate |
221 | and the Speaker of the House of Representatives. |
222 | (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of |
223 | Trustees for the Dan Marino Foundation Florida Vocational |
224 | College shall provide for the content and custody of student and |
225 | employee personnel records. Student records shall be subject to |
226 | s. 1006.52, Florida Statutes. Employee personnel records shall |
227 | be subject to part IV of chapter 1012, Florida Statutes. |
228 | (6) LEGAL SERVICES.-The Board of Trustees for the Dan |
229 | Marino Foundation Florida Vocational College may provide legal |
230 | services for officers and employees of the board of trustees who |
231 | are charged with civil or criminal actions arising out of and in |
232 | the course of the performance of assigned duties and |
233 | responsibilities. The board of trustees may provide for |
234 | reimbursement of reasonable expenses for legal services for |
235 | officers and employees of the board of trustees who are charged |
236 | with civil or criminal actions arising out of and in the course |
237 | of the performance of assigned duties and responsibilities upon |
238 | successful defense of the officer or employee. However, in any |
239 | case in which the officer or employee pleads guilty or nolo |
240 | contendere to or is found guilty of any such action, the officer |
241 | or employee shall reimburse the board of trustees for any legal |
242 | services that the board of trustees may have supplied pursuant |
243 | to this section. The board of trustees may also reimburse an |
244 | officer or employee for any judgment that may be entered against |
245 | him or her in a civil action arising out of and in the course of |
246 | the performance of his or her assigned duties and |
247 | responsibilities. Each expenditure by the board of trustees for |
248 | legal defense of an officer or employee, or for reimbursement |
249 | pursuant to this section, shall be made at a public meeting with |
250 | notice pursuant to s. 120.525(1), Florida Statutes. The |
251 | provision of such legal services or reimbursement under the |
252 | conditions described in this subsection is declared to be a |
253 | school purpose for which school funds may be expended. |
254 | (7) PERSONNEL SCREENING.- |
255 | (a) The Board of Trustees of the Dan Marino Foundation |
256 | Florida Vocational College shall, because of the special trust |
257 | or responsibility of employees of the school, require all |
258 | employees and applicants for employment to undergo personnel |
259 | screening and security background investigations as provided in |
260 | chapter 435, Florida Statutes, using the level 2 standards for |
261 | screening set forth in that chapter, as a condition of |
262 | employment and continued employment. The cost of a personnel |
263 | screening and security background investigation for an employee |
264 | of the school shall be paid by the school. The cost of such a |
265 | screening and investigation for an applicant for employment may |
266 | be paid by the school. |
267 | (b) As a prerequisite for initial and continuing |
268 | employment at the Dan Marino Foundation Florida Vocational |
269 | College: |
270 | 1. The applicant or employee shall submit to the Dan |
271 | Marino Foundation Florida Vocational College a complete set of |
272 | fingerprints taken by an authorized law enforcement agency or an |
273 | employee of the Dan Marino Foundation Florida Vocational College |
274 | who is trained to take fingerprints. The Dan Marino Foundation |
275 | Florida Vocational College shall submit the fingerprints to the |
276 | Department of Law Enforcement for state processing and the |
277 | Federal Bureau of Investigation for federal processing. |
278 | 2.a. The applicant or employee shall, under penalty of |
279 | perjury, attest to the minimum standards for good moral |
280 | character as provided in chapter 435, Florida Statutes, using |
281 | the level 2 standards set forth in that chapter. |
282 | b. New personnel shall be on probationary status pending a |
283 | determination of compliance with such minimum standards for good |
284 | moral character. This sub-subparagraph is in addition to any |
285 | probationary status provided for by state law or rules or |
286 | collective bargaining contracts of the Dan Marino Foundation |
287 | Florida Vocational College. |
288 | (c) The Dan Marino Foundation Florida Vocational College |
289 | shall review the record of the applicant or employee with |
290 | respect to the crimes described in s. 435.04, Florida Statutes, |
291 | and shall notify the applicant or employee of its findings. When |
292 | disposition information is missing on a criminal record, it |
293 | shall be the responsibility of the applicant or employee, upon |
294 | request of the Dan Marino Foundation Florida Vocational College, |
295 | to obtain the missing disposition information and supply such |
296 | information within 30 days to the Dan Marino Foundation Florida |
297 | Vocational College. Failure to supply missing information within |
298 | 30 days or to show reasonable efforts to obtain such information |
299 | shall result in automatic disqualification of an applicant and |
300 | automatic termination of an employee. |
301 | (d) After an initial personnel screening and security |
302 | background investigation, written notification shall be given to |
303 | the affected employee within a reasonable time prior to any |
304 | subsequent screening and investigation. |
305 | (e) The Dan Marino Foundation Florida Vocational College |
306 | may grant exemptions from disqualification as provided in s. |
307 | 435.07, Florida Statutes. |
308 | (f) The Dan Marino Foundation Florida Vocational College |
309 | may not use the criminal records, private investigator findings, |
310 | or information from reference checks obtained by the school |
311 | pursuant to this section for any purpose other than determining |
312 | whether a person meets the minimum standards for good moral |
313 | character for personnel employed by the school. |
314 | (g) It is a misdemeanor of the first degree, punishable as |
315 | provided in s. 775.082 or s. 775.083, Florida Statutes, for any |
316 | person willfully, knowingly, or intentionally to: |
317 | 1. Fail, by false statement, misrepresentation, |
318 | impersonation, or other fraudulent means, to disclose in any |
319 | application for voluntary or paid employment a material fact |
320 | used in making a determination as to such person's |
321 | qualifications for a position of special trust. |
322 | 2. Use the criminal records, private investigator |
323 | findings, or information from reference checks obtained under |
324 | this section or information obtained from such records or |
325 | findings, or to release such information or records to any |
326 | person, for purposes other than screening for employment. |
327 | (8) CAMPUS POLICE.- |
328 | (a) The Board of Trustees for the Dan Marino Foundation |
329 | Florida Vocational College is permitted and empowered to employ |
330 | police officers for the school. Such officers must be designated |
331 | as the Dan Marino Foundation Florida Vocational College campus |
332 | police. |
333 | (b) Each Dan Marino Foundation Florida Vocational College |
334 | campus police officer is a law enforcement officer of the state |
335 | and a conservator of the peace who has the authority to arrest, |
336 | in accordance with the laws of this state, any person for a |
337 | violation of state law or any applicable county or municipal |
338 | ordinance if that violation occurs on or in any property or |
339 | facility of the school. A campus police officer may also arrest |
340 | a person off campus for a violation committed on campus after a |
341 | hot pursuit of that person that began on campus. A campus police |
342 | officer shall have full authority to bear arms in the |
343 | performance of the officer's duties and carry out a search |
344 | pursuant to a search warrant on the campus. The Dan Marino |
345 | Foundation Florida Vocational College campus police, upon |
346 | request of the sheriff or local police authority, may serve |
347 | subpoenas or other legal process and may make arrests of persons |
348 | against whom arrest warrants have been issued or against whom |
349 | charges have been made for violations of federal or state laws |
350 | or county or municipal ordinances. Campus police officers may |
351 | enforce traffic laws within the boundaries of the campus in |
352 | accordance with chapter 316, Florida Statutes. |
353 | (c) The campus police shall promptly deliver any person |
354 | arrested and charged with a felony to the sheriff of the county |
355 | in which the school is located and any person arrested and |
356 | charged with a misdemeanor to the applicable authority as |
357 | provided by law or to the sheriff of the county in which the |
358 | school is located. |
359 | (d) The campus police must meet the minimum standards |
360 | established by the Criminal Justice Standards and Training |
361 | Commission of the Department of Law Enforcement and chapter 943, |
362 | Florida Statutes, for law enforcement officers. Each campus |
363 | police officer must, before entering into the performance of the |
364 | officer's duties, take the oath of office established by the |
365 | board of trustees. The board of trustees must provide a uniform |
366 | set of identifying credentials to each campus police officer it |
367 | employs. |
368 | (e) In performance of any of the powers, duties, or |
369 | functions authorized by law, campus police have the same rights, |
370 | protections, and immunities afforded other law enforcement |
371 | officers. |
372 | (f) The board of trustees shall adopt rules, including, |
373 | without limitation, rules for the appointment, employment, and |
374 | removal of campus police in accordance with the State Career |
375 | Service System and shall establish in writing a policy manual |
376 | that includes, without limitation, procedures for managing |
377 | routine law enforcement situations and emergency law enforcement |
378 | situations. The board of trustees shall furnish a copy of the |
379 | policy manual to each campus police officer it employs. A campus |
380 | police officer employed by the board of trustees must have |
381 | completed the training required by the school in the special |
382 | needs of and proper procedures for dealing with students served |
383 | by the school. |
384 | (9) REPORT OF CAMPUS CRIME STATISTICS.- |
385 | (a) The school shall prepare an annual report of |
386 | statistics of crimes committed on its campus and shall submit |
387 | the report to the board of trustees and the Commissioner of |
388 | Education. The data for the report may be taken from the annual |
389 | report of the Department of Law Enforcement. The board of |
390 | trustees shall prescribe the form for submission of the report. |
391 | (b) The school shall prepare an annual report of |
392 | statistics of crimes committed on its campus for the preceding 3 |
393 | years. The school shall give students and prospective students |
394 | notice that this report is available upon request. |
395 | Section 2. Subsection (5) is added to section 1000.04, |
396 | Florida Statutes, to read: |
397 | 1000.04 Components for the delivery of public education |
398 | within the Florida K-20 education system.-Florida's K-20 |
399 | education system provides for the delivery of public education |
400 | through publicly supported and controlled K-12 schools, |
401 | community colleges, state universities and other postsecondary |
402 | educational institutions, other educational institutions, and |
403 | other educational services as provided or authorized by the |
404 | Constitution and laws of the state. |
405 | (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.- |
406 | The Dan Marino Foundation Florida Vocational College is a |
407 | component of the delivery of public education within Florida's |
408 | K-20 education system. |
409 | Section 3. Paragraph (e) of subsection (4) of section |
410 | 1001.20, Florida Statutes, is amended to read: |
411 | 1001.20 Department under direction of state board.- |
412 | (4) The Department of Education shall establish the |
413 | following offices within the Office of the Commissioner of |
414 | Education which shall coordinate their activities with all other |
415 | divisions and offices: |
416 | (e) Office of Inspector General.-Organized using existing |
417 | resources and funds and responsible for promoting |
418 | accountability, efficiency, and effectiveness and detecting |
419 | fraud and abuse within school districts, the Florida School for |
420 | the Deaf and the Blind, the Dan Marino Foundation Florida |
421 | Vocational College, and community colleges in Florida. If the |
422 | Commissioner of Education determines that a district school |
423 | board, the Board of Trustees for the Florida School for the Deaf |
424 | and the Blind, the Board of Trustees for the Dan Marino |
425 | Foundation Florida Vocational College, or a community college |
426 | board of trustees is unwilling or unable to address |
427 | substantiated allegations made by any person relating to waste, |
428 | fraud, or financial mismanagement within the school district, |
429 | the Florida School for the Deaf and the Blind, the Dan Marino |
430 | Foundation Florida Vocational College, or the community college, |
431 | the office shall conduct, coordinate, or request investigations |
432 | into such substantiated allegations. The office shall have |
433 | access to all information and personnel necessary to perform its |
434 | duties and shall have all of its current powers, duties, and |
435 | responsibilities authorized in s. 20.055. |
436 | Section 4. This act shall take effect July 1, 2011. |