Florida Senate - 2011 SB 1616 By Senator Flores 38-01616-11 20111616__ 1 A bill to be entitled 2 An act relating to the Dan Marino Foundation Florida 3 Vocational College; establishing the Dan Marino 4 Foundation Florida Vocational College in Broward 5 County as a public residential postsecondary school 6 for certain students who have developmental 7 disabilities; providing funding for the school through 8 the Department of Education; requiring that the school 9 comply with the laws and rules applicable to state 10 agencies unless otherwise provided by law; requiring 11 that the school provide educational programs and 12 services; requiring that the Auditor General conduct 13 annual audits of the school’s accounts and records; 14 creating a board of trustees; providing membership, 15 terms, and specifying powers and duties of the board; 16 requiring that the board submit legislative budget 17 requests for operations and fixed capital outlay; 18 requiring that the board provide for the content and 19 custody of student and employee personnel records; 20 authorizing the board to provide legal services and 21 reimbursement of expenses for officers and employees 22 of the board; requiring notice and a public meeting 23 under certain circumstances; requiring that all 24 employees and applicants for employment with the board 25 undergo personnel screening and security background 26 investigations; providing a penalty for failure to 27 disclose certain material facts and for use of 28 confidential information for certain purposes; 29 authorizing the employment of campus police and 30 providing powers, duties, and qualifications; 31 requiring reporting of on-campus crime statistics; 32 amending s. 1000.04, F.S.; providing that the Dan 33 Marino Foundation Florida Vocational College is a 34 component of the delivery of public education within 35 Florida’s K-20 education system; amending s. 1001.20, 36 F.S.; authorizing investigations by the Office of 37 Inspector General within the Department of Education; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. The Dan Marino Foundation Florida Vocational 43 College.— 44 (1) RESPONSIBILITIES.—The Dan Marino Foundation Florida 45 Vocational College is established in Broward County, Florida, as 46 a state-supported residential school that provides students who 47 have developmental disabilities, who are 18 to 26 years of age, 48 and who have graduated from high school the opportunity to 49 obtain a postsecondary education on a college campus setting. 50 The school shall be a component of the delivery of public 51 education within Florida’s K-20 education system and shall be 52 funded through the Department of Education. The school shall 53 provide educational programs and support services appropriate to 54 meet the educational and related evaluation and counseling needs 55 of students who have developmental disabilities and who meet the 56 enrollment criteria. Unless otherwise provided by law, the 57 school shall comply with all laws and rules applicable to state 58 agencies. Educational services may be provided on an outreach 59 basis for students who have developmental disabilities and who 60 are 18 to 26 years of age and to district school boards upon 61 request. 62 (2) MISSION.—The mission of the Dan Marino Foundation 63 Florida Vocational College is to provide an appropriate public 64 education for eligible Florida students who have developmental 65 disabilities. As a school that provides programs for attaining 66 vocational, life, social, and independent living skills, the 67 school shall strive to provide students with an opportunity to 68 develop skills fostering their independence in a caring, safe, 69 and unique learning environment, to prepare them to be an 70 integral part of the community, and to allow them to become 71 significantly less dependent on government funding. The school 72 shall provide outreach services that include collaboration with 73 employers, district school boards, and community organizations 74 and shall encourage input from students, staff, parents, and the 75 community. As a diverse organization, the school shall foster 76 respect and understanding for each individual. 77 (3) AUDITS.—The Auditor General shall conduct annual audits 78 of the accounts and records of the Dan Marino Foundation Florida 79 Vocational College. The Department of Education’s inspector 80 general may conduct investigations at the school in accordance 81 with s. 1001.20(4)(e), Florida Statutes. 82 (4) BOARD OF TRUSTEES.— 83 (a) A Board of Trustees for the Dan Marino Foundation 84 Florida Vocational College is created and shall consist of seven 85 members who are appointed by the Governor and subject to 86 confirmation by the Senate. Of these seven members, two shall be 87 persons who have developmental disabilities. Each board member 88 must have been a resident of the state for at least 10 years 89 before his or her appointment. The term of office of each member 90 shall be 4 years. The Governor may remove any member for cause 91 and shall fill all vacancies that occur. 92 (b) The board of trustees shall elect a chair annually. The 93 trustees are entitled to reimbursement for travel expenses 94 pursuant to s. 112.061, Florida Statutes, the accounts of which 95 shall be paid by the Chief Financial Officer upon itemized 96 vouchers duly approved by the chair. 97 (c) The board of trustees may adopt rules to administer 98 this section and relating to the operation of the Dan Marino 99 Foundation Florida Vocational College. The board shall submit 100 the rules to the State Board of Education for approval or 101 disapproval. After a rule is approved by the state board, the 102 rule shall be filed immediately with the Department of State. 103 The board of trustees shall act at all times in conjunction with 104 the rules of the State Board of Education. 105 (d) The board of trustees is a body corporate and shall 106 have a corporate seal. Unless otherwise provided by law, all 107 actions of the board of trustees shall be consistent with all 108 laws and rules applicable to state agencies. Title to any gift, 109 donation, or bequest received by the board of trustees pursuant 110 to subparagraph (e)11., shall vest in the board of trustees. 111 Title to all other property and other assets of the Dan Marino 112 Foundation Florida Vocational College shall vest in the State 113 Board of Education; however, the board of trustees shall have 114 complete jurisdiction over the management of the school. 115 (e) The board of trustees is invested with full power and 116 authority to: 117 1. Appoint a president, faculty, teachers, and other 118 employees, to remove the same as in its judgment may be best, 119 and to fix their compensation. 120 2. Procure professional services, including, but not 121 limited to, medical, mental health, architectural, and 122 engineering services. 123 3. Procure legal services without the prior written 124 approval of the Attorney General. 125 4. Determine eligibility of students and the procedure for 126 admission. 127 5. Provide students with necessary bedding, clothing, food, 128 and medical attendance and such other things as may be proper 129 for the health and comfort of the students without cost to their 130 parents, except that the board of trustees may set tuition and 131 other fees for nonresidents. 132 6. Provide for the proper keeping of accounts and records 133 and for budgeting of funds. 134 7. Enter into contracts. 135 8. Sue and be sued. 136 9. Secure public liability insurance. 137 10. Do and perform every other matter or thing necessary to 138 the proper management, maintenance, support, and control of the 139 school at the highest efficiency economically possible, taking 140 into consideration the purposes of the establishment. 141 11. Receive gifts, donations, and bequests of money or 142 property, real or personal, tangible or intangible, from any 143 person, firm, corporation, or other legal entity. However, the 144 board of trustees may not obligate the state to any expenditure 145 or policy that is not specifically authorized by law. If a bill 146 of sale, will, trust indenture, deed, or other legal conveyance 147 specifies terms and conditions concerning the use of such money 148 or property, the board of trustees shall observe such terms and 149 conditions. 150 12. Deposit outside the State Treasury such moneys as are 151 received as gifts, donations, or bequests and may disburse and 152 expend such moneys, upon its own warrant, for the use and 153 benefit of the Dan Marino Foundation Florida Vocational College 154 and its students as the board of trustees deems to be in the 155 best interest of the school and its students. This money or 156 property is not a part of any legislative appropriation. 157 13. Sell or convey by bill of sale, deed, or other legal 158 instrument any property, real or personal, received as a gift, 159 donation, or bequest upon such terms and conditions as the board 160 of trustees deems to be in the best interest of the school and 161 its students. 162 14. Invest such moneys in securities enumerated under s. 163 215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in 164 The Common Fund, an Investment Management Fund exclusively for 165 nonprofit educational institutions. 166 (f) The board of trustees shall: 167 1. Prepare and submit legislative budget requests for 168 operations and fixed capital outlay, in accordance with chapter 169 216, Florida Statutes, to the Department of Education for review 170 and approval. The department shall analyze the amount requested 171 for fixed capital outlay to determine whether the request is 172 consistent with the college’s campus master plan, educational 173 plant survey, and facilities master plan. Projections of 174 facility space needs may exceed the norm space and occupant 175 design criteria established in the State Requirements for 176 Educational Facilities. 177 2. Approve and administer an annual operating budget. 178 3. Require all funds received, other than gifts, donations, 179 bequests, funds raised by or belonging to student clubs or 180 student organizations, and funds held for specific students or 181 in accounts for individual students, to be deposited in the 182 State Treasury and expended as authorized in the General 183 Appropriations Act. 184 4. Require all purchases to be in accordance with chapter 185 287, Florida Statutes, except for purchases made with funds 186 received as gifts, donations, or bequests; funds raised by or 187 belonging to student clubs or student organizations; and funds 188 held for specific students or in accounts for individual 189 students. 190 5. Administer and maintain personnel programs for all 191 employees of the board of trustees and the Dan Marino Foundation 192 Florida Vocational College. Such employees shall be state 193 employees, except that the classification and pay plan for 194 academic personnel and academic administrative personnel of the 195 school shall be set by the board of trustees, subject only to 196 the approval of the State Board of Education. Such employees 197 shall be subject to the provisions of chapter 110, Florida 198 Statutes, and the provisions of law that grant authority to the 199 Department of Management Services over such programs for state 200 employees. 201 6. Give preference in appointment and retention in 202 positions of employment as provided in s. 295.07(1), Florida 203 Statutes. 204 7. Ensure that the Dan Marino Foundation Florida Vocational 205 College coordinates planning with local governing bodies for 206 educational facility construction. 207 8. Ensure that the Dan Marino Foundation Florida Vocational 208 College complies with s. 112.061, Florida Statutes, concerning 209 per diem and travel expenses of public officers, employees, and 210 authorized persons with respect to all funds other than funds 211 received as gifts, donations, or bequests; funds raised by or 212 belonging to student clubs or student organizations; and funds 213 held for specific students or in accounts for individual 214 students. 215 9. Adopt a master plan that specifies the mission and 216 objectives of the Dan Marino Foundation Florida Vocational 217 College. The plan shall include, but not be limited to, 218 procedures for systematically measuring the schools progress 219 toward meeting its objectives, analyzing changes in the student 220 population, and modifying school programs and services to 221 respond to such changes. The plan shall be implemented for a 222 period of 5 years and shall be reviewed for needed modifications 223 every 2 years. The board of trustees shall submit the initial 224 plan and subsequent modifications to the President of the Senate 225 and the Speaker of the House of Representatives. 226 (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.—The Board of 227 Trustees for the Dan Marino Foundation Florida Vocational 228 College shall provide for the content and custody of student and 229 employee personnel records. Student records shall be subject to 230 s. 1006.52, Florida Statutes. Employee personnel records shall 231 be subject to part IV of chapter 1012, Florida Statutes. 232 (6) LEGAL SERVICES.—The Board of Trustees for the Dan 233 Marino Foundation Florida Vocational College may provide legal 234 services for officers and employees of the board of trustees who 235 are charged with civil or criminal actions arising out of and in 236 the course of the performance of assigned duties and 237 responsibilities. The board of trustees may provide for 238 reimbursement of reasonable expenses for legal services for 239 officers and employees of the board of trustees who are charged 240 with civil or criminal actions arising out of and in the course 241 of the performance of assigned duties and responsibilities upon 242 successful defense of the officer or employee. However, in any 243 case in which the officer or employee pleads guilty or nolo 244 contendere to or is found guilty of any such action, the officer 245 or employee shall reimburse the board of trustees for any legal 246 services that the board of trustees may have supplied pursuant 247 to this section. The board of trustees may also reimburse an 248 officer or employee for any judgment that may be entered against 249 him or her in a civil action arising out of and in the course of 250 the performance of his or her assigned duties and 251 responsibilities. Each expenditure by the board of trustees for 252 legal defense of an officer or employee, or for reimbursement 253 pursuant to this section, shall be made at a public meeting with 254 notice pursuant to s. 120.525(1), Florida Statutes. The 255 provision of such legal services or reimbursement under the 256 conditions described in this subsection is declared to be a 257 school purpose for which school funds may be expended. 258 (7) PERSONNEL SCREENING.— 259 (a) The Board of Trustees of the Dan Marino Foundation 260 Florida Vocational College shall, because of the special trust 261 or responsibility of employees of the school, require all 262 employees and applicants for employment to undergo personnel 263 screening and security background investigations as provided in 264 chapter 435, Florida Statutes, using the level 2 standards for 265 screening set forth in that chapter, as a condition of 266 employment and continued employment. The cost of a personnel 267 screening and security background investigation for an employee 268 of the school shall be paid by the school. The cost of such a 269 screening and investigation for an applicant for employment may 270 be paid by the school. 271 (b) As a prerequisite for initial and continuing employment 272 at the Dan Marino Foundation Florida Vocational College: 273 1. The applicant or employee shall submit to the Dan Marino 274 Foundation Florida Vocational College a complete set of 275 fingerprints taken by an authorized law enforcement agency or an 276 employee of the Dan Marino Foundation Florida Vocational College 277 who is trained to take fingerprints. The Dan Marino Foundation 278 Florida Vocational College shall submit the fingerprints to the 279 Department of Law Enforcement for state processing and the 280 Federal Bureau of Investigation for federal processing. 281 2.a. The applicant or employee shall, under penalty of 282 perjury, attest to the minimum standards for good moral 283 character as provided in chapter 435, Florida Statutes, using 284 the level 2 standards set forth in that chapter. 285 b. New personnel shall be on probationary status pending a 286 determination of compliance with such minimum standards for good 287 moral character. This sub-subparagraph is in addition to any 288 probationary status provided for by state law or rules or 289 collective bargaining contracts of the Dan Marino Foundation 290 Florida Vocational College. 291 (c) The Dan Marino Foundation Florida Vocational College 292 shall review the record of the applicant or employee with 293 respect to the crimes described in s. 435.04, Florida Statutes, 294 and shall notify the applicant or employee of its findings. When 295 disposition information is missing on a criminal record, it 296 shall be the responsibility of the applicant or employee, upon 297 request of the Dan Marino Foundation Florida Vocational College, 298 to obtain the missing disposition information and supply such 299 information within 30 days to the Dan Marino Foundation Florida 300 Vocational College. Failure to supply missing information within 301 30 days or to show reasonable efforts to obtain such information 302 shall result in automatic disqualification of an applicant and 303 automatic termination of an employee. 304 (d) After an initial personnel screening and security 305 background investigation, written notification shall be given to 306 the affected employee within a reasonable time prior to any 307 subsequent screening and investigation. 308 (e) The Dan Marino Foundation Florida Vocational College 309 may grant exemptions from disqualification as provided in s. 310 435.07, Florida Statutes. 311 (f) The Dan Marino Foundation Florida Vocational College 312 may not use the criminal records, private investigator findings, 313 or information from reference checks obtained by the school 314 pursuant to this section for any purpose other than determining 315 whether a person meets the minimum standards for good moral 316 character for personnel employed by the school. 317 (g) It is a misdemeanor of the first degree, punishable as 318 provided in s. 775.082 or s. 775.083, Florida Statutes, for any 319 person willfully, knowingly, or intentionally to: 320 1. Fail, by false statement, misrepresentation, 321 impersonation, or other fraudulent means, to disclose in any 322 application for voluntary or paid employment a material fact 323 used in making a determination as to such person’s 324 qualifications for a position of special trust. 325 2. Use the criminal records, private investigator findings, 326 or information from reference checks obtained under this section 327 or information obtained from such records or findings, or to 328 release such information or records to any person, for purposes 329 other than screening for employment. 330 (8) CAMPUS POLICE.— 331 (a) The Board of Trustees for the Dan Marino Foundation 332 Florida Vocational College is permitted and empowered to employ 333 police officers for the school. Such officers must be designated 334 as the Dan Marino Foundation Florida Vocational College campus 335 police. 336 (b) Each Dan Marino Foundation Florida Vocational College 337 campus police officer is a law enforcement officer of the state 338 and a conservator of the peace who has the authority to arrest, 339 in accordance with the laws of this state, any person for a 340 violation of state law or any applicable county or municipal 341 ordinance if that violation occurs on or in any property or 342 facility of the school. A campus police officer may also arrest 343 a person off campus for a violation committed on campus after a 344 hot pursuit of that person that began on campus. A campus police 345 officer shall have full authority to bear arms in the 346 performance of the officer’s duties and carry out a search 347 pursuant to a search warrant on the campus. The Dan Marino 348 Foundation Florida Vocational College campus police, upon 349 request of the sheriff or local police authority, may serve 350 subpoenas or other legal process and may make arrests of persons 351 against whom arrest warrants have been issued or against whom 352 charges have been made for violations of federal or state laws 353 or county or municipal ordinances. Campus police officers may 354 enforce traffic laws within the boundaries of the campus in 355 accordance with chapter 316, Florida Statutes. 356 (c) The campus police shall promptly deliver any person 357 arrested and charged with a felony to the sheriff of the county 358 in which the school is located and any person arrested and 359 charged with a misdemeanor to the applicable authority as 360 provided by law or to the sheriff of the county in which the 361 school is located. 362 (d) The campus police must meet the minimum standards 363 established by the Criminal Justice Standards and Training 364 Commission of the Department of Law Enforcement and chapter 943, 365 Florida Statutes, for law enforcement officers. Each campus 366 police officer must, before entering into the performance of the 367 officer’s duties, take the oath of office established by the 368 board of trustees. The board of trustees must provide a uniform 369 set of identifying credentials to each campus police officer it 370 employs. 371 (e) In performance of any of the powers, duties, or 372 functions authorized by law, campus police have the same rights, 373 protections, and immunities afforded other law enforcement 374 officers. 375 (f) The board of trustees shall adopt rules, including, 376 without limitation, rules for the appointment, employment, and 377 removal of campus police in accordance with the State Career 378 Service System and shall establish in writing a policy manual 379 that includes, without limitation, procedures for managing 380 routine law enforcement situations and emergency law enforcement 381 situations. The board of trustees shall furnish a copy of the 382 policy manual to each campus police officer it employs. A campus 383 police officer employed by the board of trustees must have 384 completed the training required by the school in the special 385 needs of and proper procedures for dealing with students served 386 by the school. 387 (9) REPORT OF CAMPUS CRIME STATISTICS.— 388 (a) The school shall prepare an annual report of statistics 389 of crimes committed on its campus and shall submit the report to 390 the board of trustees and the Commissioner of Education. The 391 data for the report may be taken from the annual report of the 392 Department of Law Enforcement. The board of trustees shall 393 prescribe the form for submission of the report. 394 (b) The school shall prepare an annual report of statistics 395 of crimes committed on its campus for the preceding 3 years. The 396 school shall give students and prospective students notice that 397 this report is available upon request. 398 Section 2. Subsection (5) is added to section 1000.04, 399 Florida Statutes, to read: 400 1000.04 Components for the delivery of public education 401 within the Florida K-20 education system.—Florida’s K-20 402 education system provides for the delivery of public education 403 through publicly supported and controlled K-12 schools, 404 community colleges, state universities and other postsecondary 405 educational institutions, other educational institutions, and 406 other educational services as provided or authorized by the 407 Constitution and laws of the state. 408 (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE. 409 The Dan Marino Foundation Florida Vocational College is a 410 component of the delivery of public education within Florida’s 411 K-20 education system. 412 Section 3. Paragraph (e) of subsection (4) of section 413 1001.20, Florida Statutes, is amended to read: 414 1001.20 Department under direction of state board.— 415 (4) The Department of Education shall establish the 416 following offices within the Office of the Commissioner of 417 Education which shall coordinate their activities with all other 418 divisions and offices: 419 (e) Office of Inspector General.—Organized using existing 420 resources and funds and responsible for promoting 421 accountability, efficiency, and effectiveness and detecting 422 fraud and abuse within school districts, the Florida School for 423 the Deaf and the Blind, the Dan Marino Foundation Florida 424 Vocational College, and community colleges in Florida. If the 425 Commissioner of Education determines that a district school 426 board, the Board of Trustees for the Florida School for the Deaf 427 and the Blind, the Board of Trustees for the Dan Marino 428 Foundation Florida Vocational College, or a community college 429 board of trustees is unwilling or unable to address 430 substantiated allegations made by any person relating to waste, 431 fraud, or financial mismanagement within the school district, 432 the Florida School for the Deaf and the Blind, the Dan Marino 433 Foundation Florida Vocational College, or the community college, 434 the office shall conduct, coordinate, or request investigations 435 into such substantiated allegations. The office shall have 436 access to all information and personnel necessary to perform its 437 duties and shall have all of its current powers, duties, and 438 responsibilities authorized in s. 20.055. 439 Section 4. This act shall take effect July 1, 2011.