HB 1451

1
A bill to be entitled
2An act relating to the Dan Marino Foundation Florida
3Vocational College; establishing the Dan Marino Foundation
4Florida Vocational College in Broward County as a public
5residential postsecondary school for certain students who
6have developmental disabilities; providing funding for the
7school through the Department of Education; requiring that
8the school comply with the laws and rules applicable to
9state agencies unless otherwise provided by law; requiring
10that the school provide educational programs and services;
11requiring that the Auditor General conduct annual audits
12of the school's accounts and records; creating a board of
13trustees; providing membership, terms, and specifying
14powers and duties of the board; requiring that the board
15submit legislative budget requests for operations and
16fixed capital outlay; requiring that the board provide for
17the content and custody of student and employee personnel
18records; authorizing the board to provide legal services
19and reimbursement of expenses for officers and employees
20of the board; requiring notice and a public meeting under
21certain circumstances; requiring that all employees and
22applicants for employment with the board undergo personnel
23screening and security background investigations;
24providing a penalty for failure to disclose certain
25material facts and for use of confidential information for
26certain purposes; authorizing the employment of campus
27police and providing powers, duties, and qualifications;
28requiring reporting of on-campus crime statistics;
29amending s. 1000.04, F.S.; providing that the Dan Marino
30Foundation Florida Vocational College is a component of
31the delivery of public education within Florida's K-20
32education system; amending s. 1001.20, F.S.; authorizing
33investigations by the Office of Inspector General within
34the Department of Education; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  The Dan Marino Foundation Florida Vocational
39College.-
40     (1)  RESPONSIBILITIES.-The Dan Marino Foundation Florida
41Vocational College is established in Broward County, Florida, as
42a state-supported residential school that provides students who
43have developmental disabilities, who are 18 to 26 years of age,
44and who have graduated from high school the opportunity to
45obtain a postsecondary education on a college campus setting.
46The school shall be a component of the delivery of public
47education within Florida's K-20 education system and shall be
48funded through the Department of Education. The school shall
49provide educational programs and support services appropriate to
50meet the educational and related evaluation and counseling needs
51of students who have developmental disabilities and who meet the
52enrollment criteria. Unless otherwise provided by law, the
53school shall comply with all laws and rules applicable to state
54agencies. Educational services may be provided on an outreach
55basis for students who have developmental disabilities and who
56are 18 to 26 years of age and to district school boards upon
57request.
58     (2)  MISSION.-The mission of the Dan Marino Foundation
59Florida Vocational College is to provide an appropriate public
60education for eligible Florida students who have developmental
61disabilities. As a school that provides programs for attaining
62vocational, life, social, and independent living skills, the
63school shall strive to provide students with an opportunity to
64develop skills fostering their independence in a caring, safe,
65and unique learning environment, to prepare them to be an
66integral part of the community, and to allow them to become
67significantly less dependent on government funding. The school
68shall provide outreach services that include collaboration with
69employers, district school boards, and community organizations
70and shall encourage input from students, staff, parents, and the
71community. As a diverse organization, the school shall foster
72respect and understanding for each individual.
73     (3)  AUDITS.-The Auditor General shall conduct annual
74audits of the accounts and records of the Dan Marino Foundation
75Florida Vocational College. The Department of Education's
76inspector general may conduct investigations at the school in
77accordance with s. 1001.20(4)(e), Florida Statutes.
78     (4)  BOARD OF TRUSTEES.-
79     (a)  A Board of Trustees for the Dan Marino Foundation
80Florida Vocational College is created and shall consist of seven
81members who are appointed by the Governor and subject to
82confirmation by the Senate. Of these seven members, two shall be
83persons who have developmental disabilities. Each board member
84must have been a resident of the state for at least 10 years
85before his or her appointment. The term of office of each member
86shall be 4 years. The Governor may remove any member for cause
87and shall fill all vacancies that occur.
88     (b)  The board of trustees shall elect a chair annually.
89The trustees are entitled to reimbursement for travel expenses
90pursuant to s. 112.061, Florida Statutes, the accounts of which
91shall be paid by the Chief Financial Officer upon itemized
92vouchers duly approved by the chair.
93     (c)  The board of trustees may adopt rules to administer
94this section and relating to the operation of the Dan Marino
95Foundation Florida Vocational College. The board shall submit
96the rules to the State Board of Education for approval or
97disapproval. After a rule is approved by the state board, the
98rule shall be filed immediately with the Department of State.
99The board of trustees shall act at all times in conjunction with
100the rules of the State Board of Education.
101     (d)  The board of trustees is a body corporate and shall
102have a corporate seal. Unless otherwise provided by law, all
103actions of the board of trustees shall be consistent with all
104laws and rules applicable to state agencies. Title to any gift,
105donation, or bequest received by the board of trustees pursuant
106to subparagraph (e)11., shall vest in the board of trustees.
107Title to all other property and other assets of the Dan Marino
108Foundation Florida Vocational College shall vest in the State
109Board of Education; however, the board of trustees shall have
110complete jurisdiction over the management of the school.
111     (e)  The board of trustees is invested with full power and
112authority to:
113     1.  Appoint a president, faculty, teachers, and other
114employees, to remove the same as in its judgment may be best,
115and to fix their compensation.
116     2.  Procure professional services, including, but not
117limited to, medical, mental health, architectural, and
118engineering services.
119     3.  Procure legal services without the prior written
120approval of the Attorney General.
121     4.  Determine eligibility of students and the procedure for
122admission.
123     5.  Provide students with necessary bedding, clothing,
124food, and medical attendance and such other things as may be
125proper for the health and comfort of the students without cost
126to their parents, except that the board of trustees may set
127tuition and other fees for nonresidents.
128     6.  Provide for the proper keeping of accounts and records
129and 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
134to the proper management, maintenance, support, and control of
135the school at the highest efficiency economically possible,
136taking into consideration the purposes of the establishment.
137     11.  Receive gifts, donations, and bequests of money or
138property, real or personal, tangible or intangible, from any
139person, firm, corporation, or other legal entity. However, the
140board of trustees may not obligate the state to any expenditure
141or policy that is not specifically authorized by law. If a bill
142of sale, will, trust indenture, deed, or other legal conveyance
143specifies terms and conditions concerning the use of such money
144or property, the board of trustees shall observe such terms and
145conditions.
146     12.  Deposit outside the State Treasury such moneys as are
147received as gifts, donations, or bequests and may disburse and
148expend such moneys, upon its own warrant, for the use and
149benefit of the Dan Marino Foundation Florida Vocational College
150and its students as the board of trustees deems to be in the
151best interest of the school and its students. This money or
152property is not a part of any legislative appropriation.
153     13.  Sell or convey by bill of sale, deed, or other legal
154instrument any property, real or personal, received as a gift,
155donation, or bequest upon such terms and conditions as the board
156of trustees deems to be in the best interest of the school and
157its students.
158     14.  Invest such moneys in securities enumerated under s.
159215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
160The Common Fund, an Investment Management Fund exclusively for
161nonprofit educational institutions.
162     (f)  The board of trustees shall:
163     1.  Prepare and submit legislative budget requests for
164operations and fixed capital outlay, in accordance with chapter
165216, Florida Statutes, to the Department of Education for review
166and approval. The department shall analyze the amount requested
167for fixed capital outlay to determine whether the request is
168consistent with the college's campus master plan, educational
169plant survey, and facilities master plan. Projections of
170facility space needs may exceed the norm space and occupant
171design criteria established in the State Requirements for
172Educational Facilities.
173     2.  Approve and administer an annual operating budget.
174     3.  Require all funds received, other than gifts,
175donations, bequests, funds raised by or belonging to student
176clubs or student organizations, and funds held for specific
177students or in accounts for individual students, to be deposited
178in the State Treasury and expended as authorized in the General
179Appropriations Act.
180     4.  Require all purchases to be in accordance with chapter
181287, Florida Statutes, except for purchases made with funds
182received as gifts, donations, or bequests; funds raised by or
183belonging to student clubs or student organizations; and funds
184held for specific students or in accounts for individual
185students.
186     5.  Administer and maintain personnel programs for all
187employees of the board of trustees and the Dan Marino Foundation
188Florida Vocational College. Such employees shall be state
189employees, except that the classification and pay plan for
190academic personnel and academic administrative personnel of the
191school shall be set by the board of trustees, subject only to
192the approval of the State Board of Education. Such employees
193shall be subject to the provisions of chapter 110, Florida
194Statutes, and the provisions of law that grant authority to the
195Department of Management Services over such programs for state
196employees.
197     6.  Give preference in appointment and retention in
198positions of employment as provided in s. 295.07(1), Florida
199Statutes.
200     7.  Ensure that the Dan Marino Foundation Florida
201Vocational College coordinates planning with local governing
202bodies for educational facility construction.
203     8.  Ensure that the Dan Marino Foundation Florida
204Vocational College complies with s. 112.061, Florida Statutes,
205concerning per diem and travel expenses of public officers,
206employees, and authorized persons with respect to all funds
207other than funds received as gifts, donations, or bequests;
208funds raised by or belonging to student clubs or student
209organizations; and funds held for specific students or in
210accounts for individual students.
211     9.  Adopt a master plan that specifies the mission and
212objectives of the Dan Marino Foundation Florida Vocational
213College. The plan shall include, but not be limited to,
214procedures for systematically measuring the schools progress
215toward meeting its objectives, analyzing changes in the student
216population, and modifying school programs and services to
217respond to such changes. The plan shall be implemented for a
218period of 5 years and shall be reviewed for needed modifications
219every 2 years. The board of trustees shall submit the initial
220plan and subsequent modifications to the President of the Senate
221and the Speaker of the House of Representatives.
222     (5)  STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of
223Trustees for the Dan Marino Foundation Florida Vocational
224College shall provide for the content and custody of student and
225employee personnel records. Student records shall be subject to
226s. 1006.52, Florida Statutes. Employee personnel records shall
227be subject to part IV of chapter 1012, Florida Statutes.
228     (6)  LEGAL SERVICES.-The Board of Trustees for the Dan
229Marino Foundation Florida Vocational College may provide legal
230services for officers and employees of the board of trustees who
231are charged with civil or criminal actions arising out of and in
232the course of the performance of assigned duties and
233responsibilities. The board of trustees may provide for
234reimbursement of reasonable expenses for legal services for
235officers and employees of the board of trustees who are charged
236with civil or criminal actions arising out of and in the course
237of the performance of assigned duties and responsibilities upon
238successful defense of the officer or employee. However, in any
239case in which the officer or employee pleads guilty or nolo
240contendere to or is found guilty of any such action, the officer
241or employee shall reimburse the board of trustees for any legal
242services that the board of trustees may have supplied pursuant
243to this section. The board of trustees may also reimburse an
244officer or employee for any judgment that may be entered against
245him or her in a civil action arising out of and in the course of
246the performance of his or her assigned duties and
247responsibilities. Each expenditure by the board of trustees for
248legal defense of an officer or employee, or for reimbursement
249pursuant to this section, shall be made at a public meeting with
250notice pursuant to s. 120.525(1), Florida Statutes. The
251provision of such legal services or reimbursement under the
252conditions described in this subsection is declared to be a
253school purpose for which school funds may be expended.
254     (7)  PERSONNEL SCREENING.-
255     (a)  The Board of Trustees of the Dan Marino Foundation
256Florida Vocational College shall, because of the special trust
257or responsibility of employees of the school, require all
258employees and applicants for employment to undergo personnel
259screening and security background investigations as provided in
260chapter 435, Florida Statutes, using the level 2 standards for
261screening set forth in that chapter, as a condition of
262employment and continued employment. The cost of a personnel
263screening and security background investigation for an employee
264of the school shall be paid by the school. The cost of such a
265screening and investigation for an applicant for employment may
266be paid by the school.
267     (b)  As a prerequisite for initial and continuing
268employment at the Dan Marino Foundation Florida Vocational
269College:
270     1.  The applicant or employee shall submit to the Dan
271Marino Foundation Florida Vocational College a complete set of
272fingerprints taken by an authorized law enforcement agency or an
273employee of the Dan Marino Foundation Florida Vocational College
274who is trained to take fingerprints. The Dan Marino Foundation
275Florida Vocational College shall submit the fingerprints to the
276Department of Law Enforcement for state processing and the
277Federal Bureau of Investigation for federal processing.
278     2.a.  The applicant or employee shall, under penalty of
279perjury, attest to the minimum standards for good moral
280character as provided in chapter 435, Florida Statutes, using
281the level 2 standards set forth in that chapter.
282     b.  New personnel shall be on probationary status pending a
283determination of compliance with such minimum standards for good
284moral character. This sub-subparagraph is in addition to any
285probationary status provided for by state law or rules or
286collective bargaining contracts of the Dan Marino Foundation
287Florida Vocational College.
288     (c)  The Dan Marino Foundation Florida Vocational College
289shall review the record of the applicant or employee with
290respect to the crimes described in s. 435.04, Florida Statutes,
291and shall notify the applicant or employee of its findings. When
292disposition information is missing on a criminal record, it
293shall be the responsibility of the applicant or employee, upon
294request of the Dan Marino Foundation Florida Vocational College,
295to obtain the missing disposition information and supply such
296information within 30 days to the Dan Marino Foundation Florida
297Vocational College. Failure to supply missing information within
29830 days or to show reasonable efforts to obtain such information
299shall result in automatic disqualification of an applicant and
300automatic termination of an employee.
301     (d)  After an initial personnel screening and security
302background investigation, written notification shall be given to
303the affected employee within a reasonable time prior to any
304subsequent screening and investigation.
305     (e)  The Dan Marino Foundation Florida Vocational College
306may grant exemptions from disqualification as provided in s.
307435.07, Florida Statutes.
308     (f)  The Dan Marino Foundation Florida Vocational College
309may not use the criminal records, private investigator findings,
310or information from reference checks obtained by the school
311pursuant to this section for any purpose other than determining
312whether a person meets the minimum standards for good moral
313character for personnel employed by the school.
314     (g)  It is a misdemeanor of the first degree, punishable as
315provided in s. 775.082 or s. 775.083, Florida Statutes, for any
316person willfully, knowingly, or intentionally to:
317     1.  Fail, by false statement, misrepresentation,
318impersonation, or other fraudulent means, to disclose in any
319application for voluntary or paid employment a material fact
320used in making a determination as to such person's
321qualifications for a position of special trust.
322     2.  Use the criminal records, private investigator
323findings, or information from reference checks obtained under
324this section or information obtained from such records or
325findings, or to release such information or records to any
326person, for purposes other than screening for employment.
327     (8)  CAMPUS POLICE.-
328     (a)  The Board of Trustees for the Dan Marino Foundation
329Florida Vocational College is permitted and empowered to employ
330police officers for the school. Such officers must be designated
331as the Dan Marino Foundation Florida Vocational College campus
332police.
333     (b)  Each Dan Marino Foundation Florida Vocational College
334campus police officer is a law enforcement officer of the state
335and a conservator of the peace who has the authority to arrest,
336in accordance with the laws of this state, any person for a
337violation of state law or any applicable county or municipal
338ordinance if that violation occurs on or in any property or
339facility of the school. A campus police officer may also arrest
340a person off campus for a violation committed on campus after a
341hot pursuit of that person that began on campus. A campus police
342officer shall have full authority to bear arms in the
343performance of the officer's duties and carry out a search
344pursuant to a search warrant on the campus. The Dan Marino
345Foundation Florida Vocational College campus police, upon
346request of the sheriff or local police authority, may serve
347subpoenas or other legal process and may make arrests of persons
348against whom arrest warrants have been issued or against whom
349charges have been made for violations of federal or state laws
350or county or municipal ordinances. Campus police officers may
351enforce traffic laws within the boundaries of the campus in
352accordance with chapter 316, Florida Statutes.
353     (c)  The campus police shall promptly deliver any person
354arrested and charged with a felony to the sheriff of the county
355in which the school is located and any person arrested and
356charged with a misdemeanor to the applicable authority as
357provided by law or to the sheriff of the county in which the
358school is located.
359     (d)  The campus police must meet the minimum standards
360established by the Criminal Justice Standards and Training
361Commission of the Department of Law Enforcement and chapter 943,
362Florida Statutes, for law enforcement officers. Each campus
363police officer must, before entering into the performance of the
364officer's duties, take the oath of office established by the
365board of trustees. The board of trustees must provide a uniform
366set of identifying credentials to each campus police officer it
367employs.
368     (e)  In performance of any of the powers, duties, or
369functions authorized by law, campus police have the same rights,
370protections, and immunities afforded other law enforcement
371officers.
372     (f)  The board of trustees shall adopt rules, including,
373without limitation, rules for the appointment, employment, and
374removal of campus police in accordance with the State Career
375Service System and shall establish in writing a policy manual
376that includes, without limitation, procedures for managing
377routine law enforcement situations and emergency law enforcement
378situations. The board of trustees shall furnish a copy of the
379policy manual to each campus police officer it employs. A campus
380police officer employed by the board of trustees must have
381completed the training required by the school in the special
382needs of and proper procedures for dealing with students served
383by the school.
384     (9)  REPORT OF CAMPUS CRIME STATISTICS.-
385     (a)  The school shall prepare an annual report of
386statistics of crimes committed on its campus and shall submit
387the report to the board of trustees and the Commissioner of
388Education. The data for the report may be taken from the annual
389report of the Department of Law Enforcement. The board of
390trustees shall prescribe the form for submission of the report.
391     (b)  The school shall prepare an annual report of
392statistics of crimes committed on its campus for the preceding 3
393years. The school shall give students and prospective students
394notice that this report is available upon request.
395     Section 2.  Subsection (5) is added to section 1000.04,
396Florida Statutes, to read:
397     1000.04  Components for the delivery of public education
398within the Florida K-20 education system.-Florida's K-20
399education system provides for the delivery of public education
400through publicly supported and controlled K-12 schools,
401community colleges, state universities and other postsecondary
402educational institutions, other educational institutions, and
403other educational services as provided or authorized by the
404Constitution and laws of the state.
405     (5)  THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-
406The Dan Marino Foundation Florida Vocational College is a
407component of the delivery of public education within Florida's
408K-20 education system.
409     Section 3.  Paragraph (e) of subsection (4) of section
4101001.20, Florida Statutes, is amended to read:
411     1001.20  Department under direction of state board.-
412     (4)  The Department of Education shall establish the
413following offices within the Office of the Commissioner of
414Education which shall coordinate their activities with all other
415divisions and offices:
416     (e)  Office of Inspector General.-Organized using existing
417resources and funds and responsible for promoting
418accountability, efficiency, and effectiveness and detecting
419fraud and abuse within school districts, the Florida School for
420the Deaf and the Blind, the Dan Marino Foundation Florida
421Vocational College, and community colleges in Florida. If the
422Commissioner of Education determines that a district school
423board, the Board of Trustees for the Florida School for the Deaf
424and the Blind, the Board of Trustees for the Dan Marino
425Foundation Florida Vocational College, or a community college
426board of trustees is unwilling or unable to address
427substantiated allegations made by any person relating to waste,
428fraud, or financial mismanagement within the school district,
429the Florida School for the Deaf and the Blind, the Dan Marino
430Foundation Florida Vocational College, or the community college,
431the office shall conduct, coordinate, or request investigations
432into such substantiated allegations. The office shall have
433access to all information and personnel necessary to perform its
434duties and shall have all of its current powers, duties, and
435responsibilities authorized in s. 20.055.
436     Section 4.  This act shall take effect July 1, 2011.


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