Florida Senate - 2011 CS for SB 1616 By the Committee on Higher Education; and Senator Flores 589-02836-11 20111616c1 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 are no longer eligible for exceptional student education 49 funding due to age or who have graduated from high school the 50 opportunity to obtain a postsecondary education on a college 51 campus setting. The school shall be a component of the delivery 52 of public education within Florida’s K-20 education system and 53 shall be funded through the Department of Education. The school 54 shall provide educational programs and support services 55 appropriate to meet the educational and related evaluation and 56 counseling needs of students who have developmental disabilities 57 and who meet the enrollment criteria. Unless otherwise provided 58 by law, the school shall comply with all laws and rules 59 applicable to state agencies. Educational services may be 60 provided on an outreach basis for students who have 61 developmental disabilities and who are 18 to 26 years of age and 62 to district school boards upon request. 63 (2) MISSION.—The mission of the Dan Marino Foundation 64 Florida Vocational College is to provide an appropriate public 65 education for eligible Florida students who have developmental 66 disabilities. As a school that provides programs for attaining 67 vocational, life, social, and independent living skills, the 68 school shall strive to provide students with an opportunity to 69 develop skills fostering their independence in a caring, safe, 70 and unique learning environment, to prepare them to be an 71 integral part of the community, and to allow them to become 72 significantly less dependent on government funding. The school 73 shall provide outreach services that include collaboration with 74 employers, district school boards, and community organizations 75 and shall encourage input from students, staff, parents, and the 76 community. As a diverse organization, the school shall foster 77 respect and understanding for each individual. 78 (3) AUDITS.—The Auditor General shall conduct annual audits 79 of the accounts and records of the Dan Marino Foundation Florida 80 Vocational College. The Department of Education’s inspector 81 general may conduct investigations at the school in accordance 82 with s. 1001.20(4)(e), Florida Statutes. 83 (4) BOARD OF TRUSTEES.— 84 (a) A Board of Trustees for the Dan Marino Foundation 85 Florida Vocational College is created and shall consist of seven 86 members who are appointed by the Governor and subject to 87 confirmation by the Senate. Of these seven members, one shall be 88 the chair of the Dan Marino Foundation Florida Vocational 89 College, one shall be the chief executive officer of the Dan 90 Marino Foundation Florida Vocational College, and two shall be 91 persons who have developmental disabilities. Each board member 92 must have been a resident of the state for at least 10 years 93 before his or her appointment. The term of office of each member 94 shall be 4 years. The Governor may remove any member for cause 95 and shall fill all vacancies that occur. 96 (b) The board of trustees shall elect a chair annually. The 97 trustees are entitled to reimbursement for travel expenses 98 pursuant to s. 112.061, Florida Statutes, the accounts of which 99 shall be paid by the Chief Financial Officer upon itemized 100 vouchers duly approved by the chair. 101 (c) The board of trustees may adopt rules to administer 102 this section and relating to the operation of the Dan Marino 103 Foundation Florida Vocational College. The board shall submit 104 the rules to the State Board of Education for approval or 105 disapproval. After a rule is approved by the state board, the 106 rule shall be filed immediately with the Department of State. 107 The board of trustees shall act at all times in conjunction with 108 the rules of the State Board of Education. 109 (d) The board of trustees is a body corporate and shall 110 have a corporate seal. Unless otherwise provided by law, all 111 actions of the board of trustees shall be consistent with all 112 laws and rules applicable to state agencies. Title to any gift, 113 donation, or bequest received by the board of trustees pursuant 114 to subparagraph (e)11., shall vest in the board of trustees. 115 Title to all other property and other assets of the Dan Marino 116 Foundation Florida Vocational College shall vest in the State 117 Board of Education; however, the board of trustees shall have 118 complete jurisdiction over the management of the school. 119 (e) The board of trustees is invested with full power and 120 authority to: 121 1. Appoint a president, faculty, teachers, and other 122 employees, to remove the same as in its judgment may be best, 123 and to fix their compensation. 124 2. Procure professional services, including, but not 125 limited to, medical, mental health, architectural, and 126 engineering services. 127 3. Procure legal services without the prior written 128 approval of the Attorney General. 129 4. Determine eligibility of students and the procedure for 130 admission. 131 5. Provide students with necessary bedding, clothing, food, 132 and medical attendance and such other things as may be proper 133 for the health and comfort of the students without cost to their 134 parents, except that the board of trustees may set tuition and 135 other fees for nonresidents. 136 6. Provide for the proper keeping of accounts and records 137 and for budgeting of funds. 138 7. Enter into contracts. 139 8. Sue and be sued. 140 9. Secure public liability insurance. 141 10. Do and perform every other matter or thing necessary to 142 the proper management, maintenance, support, and control of the 143 school at the highest efficiency economically possible, taking 144 into consideration the purposes of the establishment. 145 11. Receive gifts, donations, and bequests of money or 146 property, real or personal, tangible or intangible, from any 147 person, firm, corporation, or other legal entity. However, the 148 board of trustees may not obligate the state to any expenditure 149 or policy that is not specifically authorized by law. If a bill 150 of sale, will, trust indenture, deed, or other legal conveyance 151 specifies terms and conditions concerning the use of such money 152 or property, the board of trustees shall observe such terms and 153 conditions. 154 12. Deposit outside the State Treasury such moneys as are 155 received as gifts, donations, or bequests and may disburse and 156 expend such moneys, upon its own warrant, for the use and 157 benefit of the Dan Marino Foundation Florida Vocational College 158 and its students as the board of trustees deems to be in the 159 best interest of the school and its students. This money or 160 property is not a part of any legislative appropriation. 161 13. Sell or convey by bill of sale, deed, or other legal 162 instrument any property, real or personal, received as a gift, 163 donation, or bequest upon such terms and conditions as the board 164 of trustees deems to be in the best interest of the school and 165 its students. 166 14. Invest such moneys in securities enumerated under s. 167 215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in 168 The Common Fund, an Investment Management Fund exclusively for 169 nonprofit educational institutions. 170 (f) The board of trustees shall: 171 1. Prepare and submit legislative budget requests for 172 operations and fixed capital outlay, in accordance with chapter 173 216, Florida Statutes, to the Department of Education for review 174 and approval. The department shall analyze the amount requested 175 for fixed capital outlay to determine whether the request is 176 consistent with the college’s campus master plan, educational 177 plant survey, and facilities master plan. Projections of 178 facility space needs may exceed the norm space and occupant 179 design criteria established in the State Requirements for 180 Educational Facilities. 181 2. Approve and administer an annual operating budget. 182 3. Require all funds received, other than gifts, donations, 183 bequests, funds raised by or belonging to student clubs or 184 student organizations, and funds held for specific students or 185 in accounts for individual students, to be deposited in the 186 State Treasury and expended as authorized in the General 187 Appropriations Act. 188 4. Require all purchases to be in accordance with chapter 189 287, Florida Statutes, except for purchases made with funds 190 received as gifts, donations, or bequests; funds raised by or 191 belonging to student clubs or student organizations; and funds 192 held for specific students or in accounts for individual 193 students. 194 5. Administer and maintain personnel programs for all 195 employees of the board of trustees and the Dan Marino Foundation 196 Florida Vocational College. Such employees shall be state 197 employees, except that the classification and pay plan for 198 academic personnel and academic administrative personnel of the 199 school shall be set by the board of trustees, subject only to 200 the approval of the State Board of Education. Such employees 201 shall be subject to the provisions of chapter 110, Florida 202 Statutes, and the provisions of law that grant authority to the 203 Department of Management Services over such programs for state 204 employees. 205 6. Give preference in appointment and retention in 206 positions of employment as provided in s. 295.07(1), Florida 207 Statutes. 208 7. Ensure that the Dan Marino Foundation Florida Vocational 209 College coordinates planning with local governing bodies for 210 educational facility construction. 211 8. Ensure that the Dan Marino Foundation Florida Vocational 212 College complies with s. 112.061, Florida Statutes, concerning 213 per diem and travel expenses of public officers, employees, and 214 authorized persons with respect to all funds other than funds 215 received as gifts, donations, or bequests; funds raised by or 216 belonging to student clubs or student organizations; and funds 217 held for specific students or in accounts for individual 218 students. 219 9. Adopt a master plan that specifies the mission and 220 objectives of the Dan Marino Foundation Florida Vocational 221 College. The plan shall include, but not be limited to, 222 procedures for systematically measuring the schools progress 223 toward meeting its objectives, analyzing changes in the student 224 population, and modifying school programs and services to 225 respond to such changes. The plan shall be implemented for a 226 period of 5 years and shall be reviewed for needed modifications 227 every 2 years. The board of trustees shall submit the initial 228 plan and subsequent modifications to the President of the Senate 229 and the Speaker of the House of Representatives. 230 (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.—The Board of 231 Trustees for the Dan Marino Foundation Florida Vocational 232 College shall provide for the content and custody of student and 233 employee personnel records. Student records shall be subject to 234 s. 1006.52, Florida Statutes. Employee personnel records shall 235 be subject to part IV of chapter 1012, Florida Statutes. 236 (6) LEGAL SERVICES.—The Board of Trustees for the Dan 237 Marino Foundation Florida Vocational College may provide legal 238 services for officers and employees of the board of trustees who 239 are charged with civil or criminal actions arising out of and in 240 the course of the performance of assigned duties and 241 responsibilities. The board of trustees may provide for 242 reimbursement of reasonable expenses for legal services for 243 officers and employees of the board of trustees who are charged 244 with civil or criminal actions arising out of and in the course 245 of the performance of assigned duties and responsibilities upon 246 successful defense of the officer or employee. However, in any 247 case in which the officer or employee pleads guilty or nolo 248 contendere to or is found guilty of any such action, the officer 249 or employee shall reimburse the board of trustees for any legal 250 services that the board of trustees may have supplied pursuant 251 to this section. The board of trustees may also reimburse an 252 officer or employee for any judgment that may be entered against 253 him or her in a civil action arising out of and in the course of 254 the performance of his or her assigned duties and 255 responsibilities. Each expenditure by the board of trustees for 256 legal defense of an officer or employee, or for reimbursement 257 pursuant to this section, shall be made at a public meeting with 258 notice pursuant to s. 120.525(1), Florida Statutes. The 259 provision of such legal services or reimbursement under the 260 conditions described in this subsection is declared to be a 261 school purpose for which school funds may be expended. 262 (7) PERSONNEL SCREENING.— 263 (a) The Board of Trustees of the Dan Marino Foundation 264 Florida Vocational College shall, because of the special trust 265 or responsibility of employees of the school, require all 266 employees and applicants for employment to undergo personnel 267 screening and security background investigations as provided in 268 chapter 435, Florida Statutes, using the level 2 standards for 269 screening set forth in that chapter, as a condition of 270 employment and continued employment. The cost of a personnel 271 screening and security background investigation for an employee 272 of the school shall be paid by the school. The cost of such a 273 screening and investigation for an applicant for employment may 274 be paid by the school. 275 (b) As a prerequisite for initial and continuing employment 276 at the Dan Marino Foundation Florida Vocational College: 277 1. The applicant or employee shall submit to the Dan Marino 278 Foundation Florida Vocational College a complete set of 279 fingerprints taken by an authorized law enforcement agency or an 280 employee of the Dan Marino Foundation Florida Vocational College 281 who is trained to take fingerprints. The Dan Marino Foundation 282 Florida Vocational College shall submit the fingerprints to the 283 Department of Law Enforcement for state processing and the 284 Federal Bureau of Investigation for federal processing. 285 2.a. The applicant or employee shall, under penalty of 286 perjury, attest to the minimum standards for good moral 287 character as provided in chapter 435, Florida Statutes, using 288 the level 2 standards set forth in that chapter. 289 b. New personnel shall be on probationary status pending a 290 determination of compliance with such minimum standards for good 291 moral character. This sub-subparagraph is in addition to any 292 probationary status provided for by state law or rules or 293 collective bargaining contracts of the Dan Marino Foundation 294 Florida Vocational College. 295 (c) The Dan Marino Foundation Florida Vocational College 296 shall review the record of the applicant or employee with 297 respect to the crimes described in s. 435.04, Florida Statutes, 298 and shall notify the applicant or employee of its findings. When 299 disposition information is missing on a criminal record, it 300 shall be the responsibility of the applicant or employee, upon 301 request of the Dan Marino Foundation Florida Vocational College, 302 to obtain the missing disposition information and supply such 303 information within 30 days to the Dan Marino Foundation Florida 304 Vocational College. Failure to supply missing information within 305 30 days or to show reasonable efforts to obtain such information 306 shall result in automatic disqualification of an applicant and 307 automatic termination of an employee. 308 (d) After an initial personnel screening and security 309 background investigation, written notification shall be given to 310 the affected employee within a reasonable time prior to any 311 subsequent screening and investigation. 312 (e) The Dan Marino Foundation Florida Vocational College 313 may grant exemptions from disqualification as provided in s. 314 435.07, Florida Statutes. 315 (f) The Dan Marino Foundation Florida Vocational College 316 may not use the criminal records, private investigator findings, 317 or information from reference checks obtained by the school 318 pursuant to this section for any purpose other than determining 319 whether a person meets the minimum standards for good moral 320 character for personnel employed by the school. 321 (g) It is a misdemeanor of the first degree, punishable as 322 provided in s. 775.082 or s. 775.083, Florida Statutes, for any 323 person willfully, knowingly, or intentionally to: 324 1. Fail, by false statement, misrepresentation, 325 impersonation, or other fraudulent means, to disclose in any 326 application for voluntary or paid employment a material fact 327 used in making a determination as to such person’s 328 qualifications for a position of special trust. 329 2. Use the criminal records, private investigator findings, 330 or information from reference checks obtained under this section 331 or information obtained from such records or findings, or to 332 release such information or records to any person, for purposes 333 other than screening for employment. 334 (8) CAMPUS POLICE.— 335 (a) The Board of Trustees for the Dan Marino Foundation 336 Florida Vocational College is permitted and empowered to employ 337 police officers for the school. Such officers must be designated 338 as the Dan Marino Foundation Florida Vocational College campus 339 police. 340 (b) Each Dan Marino Foundation Florida Vocational College 341 campus police officer is a law enforcement officer of the state 342 and a conservator of the peace who has the authority to arrest, 343 in accordance with the laws of this state, any person for a 344 violation of state law or any applicable county or municipal 345 ordinance if that violation occurs on or in any property or 346 facility of the school. A campus police officer may also arrest 347 a person off campus for a violation committed on campus after a 348 hot pursuit of that person that began on campus. A campus police 349 officer shall have full authority to bear arms in the 350 performance of the officer’s duties and carry out a search 351 pursuant to a search warrant on the campus. The Dan Marino 352 Foundation Florida Vocational College campus police, upon 353 request of the sheriff or local police authority, may serve 354 subpoenas or other legal process and may make arrests of persons 355 against whom arrest warrants have been issued or against whom 356 charges have been made for violations of federal or state laws 357 or county or municipal ordinances. Campus police officers may 358 enforce traffic laws within the boundaries of the campus in 359 accordance with chapter 316, Florida Statutes. 360 (c) The campus police shall promptly deliver any person 361 arrested and charged with a felony to the sheriff of the county 362 in which the school is located and any person arrested and 363 charged with a misdemeanor to the applicable authority as 364 provided by law or to the sheriff of the county in which the 365 school is located. 366 (d) The campus police must meet the minimum standards 367 established by the Criminal Justice Standards and Training 368 Commission of the Department of Law Enforcement and chapter 943, 369 Florida Statutes, for law enforcement officers. Each campus 370 police officer must, before entering into the performance of the 371 officer’s duties, take the oath of office established by the 372 board of trustees. The board of trustees must provide a uniform 373 set of identifying credentials to each campus police officer it 374 employs. 375 (e) In performance of any of the powers, duties, or 376 functions authorized by law, campus police have the same rights, 377 protections, and immunities afforded other law enforcement 378 officers. 379 (f) The board of trustees shall adopt rules, including, 380 without limitation, rules for the appointment, employment, and 381 removal of campus police in accordance with the State Career 382 Service System and shall establish in writing a policy manual 383 that includes, without limitation, procedures for managing 384 routine law enforcement situations and emergency law enforcement 385 situations. The board of trustees shall furnish a copy of the 386 policy manual to each campus police officer it employs. A campus 387 police officer employed by the board of trustees must have 388 completed the training required by the school in the special 389 needs of and proper procedures for dealing with students served 390 by the school. 391 (9) REPORT OF CAMPUS CRIME STATISTICS.— 392 (a) The school shall prepare an annual report of statistics 393 of crimes committed on its campus and shall submit the report to 394 the board of trustees and the Commissioner of Education. The 395 data for the report may be taken from the annual report of the 396 Department of Law Enforcement. The board of trustees shall 397 prescribe the form for submission of the report. 398 (b) The school shall prepare an annual report of statistics 399 of crimes committed on its campus for the preceding 3 years. The 400 school shall give students and prospective students notice that 401 this report is available upon request. 402 Section 2. Subsection (5) is added to section 1000.04, 403 Florida Statutes, to read: 404 1000.04 Components for the delivery of public education 405 within the Florida K-20 education system.—Florida’s K-20 406 education system provides for the delivery of public education 407 through publicly supported and controlled K-12 schools, 408 community colleges, state universities and other postsecondary 409 educational institutions, other educational institutions, and 410 other educational services as provided or authorized by the 411 Constitution and laws of the state. 412 (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE. 413 The Dan Marino Foundation Florida Vocational College is a 414 component of the delivery of public education within Florida’s 415 K-20 education system. 416 Section 3. Paragraph (e) of subsection (4) of section 417 1001.20, Florida Statutes, is amended to read: 418 1001.20 Department under direction of state board.— 419 (4) The Department of Education shall establish the 420 following offices within the Office of the Commissioner of 421 Education which shall coordinate their activities with all other 422 divisions and offices: 423 (e) Office of Inspector General.—Organized using existing 424 resources and funds and responsible for promoting 425 accountability, efficiency, and effectiveness and detecting 426 fraud and abuse within school districts, the Florida School for 427 the Deaf and the Blind, the Dan Marino Foundation Florida 428 Vocational College, and community colleges in Florida. If the 429 Commissioner of Education determines that a district school 430 board, the Board of Trustees for the Florida School for the Deaf 431 and the Blind, the Board of Trustees for the Dan Marino 432 Foundation Florida Vocational College, or a community college 433 board of trustees is unwilling or unable to address 434 substantiated allegations made by any person relating to waste, 435 fraud, or financial mismanagement within the school district, 436 the Florida School for the Deaf and the Blind, the Dan Marino 437 Foundation Florida Vocational College, or the community college, 438 the office shall conduct, coordinate, or request investigations 439 into such substantiated allegations. The office shall have 440 access to all information and personnel necessary to perform its 441 duties and shall have all of its current powers, duties, and 442 responsibilities authorized in s. 20.055. 443 Section 4. This act shall take effect July 1, 2011.