Florida Senate - 2011 CS for CS for SB 1616 By the Committees on Governmental Oversight and Accountability; and Higher Education; and Senators Flores and Garcia 585-03913-11 20111616c2 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, one shall be the chief 89 executive officer of the Dan Marino Foundation, and two shall be 90 persons who have developmental disabilities. Each board member 91 must have been a resident of the state for at least 10 years 92 before his or her appointment. The term of office of each member 93 shall be 4 years. The Governor may remove any member for cause 94 and shall fill all vacancies that occur. 95 (b) The board of trustees shall elect a chair annually. The 96 trustees are entitled to reimbursement for travel expenses 97 pursuant to s. 112.061, Florida Statutes, the accounts of which 98 shall be paid by the Chief Financial Officer upon itemized 99 vouchers duly approved by the chair. 100 (c) The board of trustees may adopt rules to administer 101 this section and relating to the operation of the Dan Marino 102 Foundation Florida Vocational College. The board shall submit 103 the rules to the State Board of Education for approval or 104 disapproval. After a rule is approved by the state board, the 105 rule shall be filed immediately with the Department of State. 106 The board of trustees shall act at all times in conjunction with 107 the rules of the State Board of Education. 108 (d) The board of trustees is a body corporate and shall 109 have a corporate seal. Unless otherwise provided by law, all 110 actions of the board of trustees shall be consistent with all 111 laws and rules applicable to state agencies. Title to any gift, 112 donation, or bequest received by the board of trustees pursuant 113 to subparagraph (e)11., shall vest in the board of trustees. 114 Title to all other property and other assets of the Dan Marino 115 Foundation Florida Vocational College shall vest in the State 116 Board of Education; however, the board of trustees shall have 117 complete jurisdiction over the management of the school. 118 (e) The board of trustees is invested with full power and 119 authority to: 120 1. Appoint a president, faculty, teachers, and other 121 employees, to remove the same as in its judgment may be best, 122 and to fix their compensation. 123 2. Procure professional services, including, but not 124 limited to, medical, mental health, architectural, and 125 engineering services. 126 3. Procure legal services without the prior written 127 approval of the Attorney General. 128 4. Determine eligibility of students and the procedure for 129 admission. 130 5. Provide students with necessary bedding, clothing, food, 131 and medical attendance and such other things as may be proper 132 for the health and comfort of the students without cost to their 133 parents, except that the board of trustees may set tuition and 134 other fees for nonresidents. 135 6. Provide for the proper keeping of accounts and records 136 and for budgeting of funds. 137 7. Enter into contracts. 138 8. Sue and be sued. 139 9. Secure public liability insurance. 140 10. Do and perform every other matter or thing necessary to 141 the proper management, maintenance, support, and control of the 142 school at the highest efficiency economically possible, taking 143 into consideration the purposes of the establishment. 144 11. Receive gifts, donations, and bequests of money or 145 property, real or personal, tangible or intangible, from any 146 person, firm, corporation, or other legal entity. However, the 147 board of trustees may not obligate the state to any expenditure 148 or policy that is not specifically authorized by law. If a bill 149 of sale, will, trust indenture, deed, or other legal conveyance 150 specifies terms and conditions concerning the use of such money 151 or property, the board of trustees shall observe such terms and 152 conditions. 153 12. Deposit outside the State Treasury such moneys as are 154 received as gifts, donations, or bequests and may disburse and 155 expend such moneys, upon its own warrant, for the use and 156 benefit of the Dan Marino Foundation Florida Vocational College 157 and its students as the board of trustees deems to be in the 158 best interest of the school and its students. This money or 159 property is not a part of any legislative appropriation. 160 13. Sell or convey by bill of sale, deed, or other legal 161 instrument any property, real or personal, received as a gift, 162 donation, or bequest upon such terms and conditions as the board 163 of trustees deems to be in the best interest of the school and 164 its students. 165 14. Invest such moneys in securities enumerated under s. 166 215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in 167 The Common Fund, an Investment Management Fund exclusively for 168 nonprofit educational institutions. 169 (f) The board of trustees shall: 170 1. Prepare and submit legislative budget requests for 171 operations and fixed capital outlay, in accordance with chapter 172 216, Florida Statutes, to the Department of Education for review 173 and approval. The department shall analyze the amount requested 174 for fixed capital outlay to determine whether the request is 175 consistent with the college’s campus master plan, educational 176 plant survey, and facilities master plan. Projections of 177 facility space needs may exceed the norm space and occupant 178 design criteria established in the State Requirements for 179 Educational Facilities. 180 2. Approve and administer an annual operating budget. 181 3. Require all funds received, other than gifts, donations, 182 bequests, funds raised by or belonging to student clubs or 183 student organizations, and funds held for specific students or 184 in accounts for individual students, to be deposited in the 185 State Treasury and expended as authorized in the General 186 Appropriations Act. 187 4. Require all purchases to be in accordance with chapter 188 287, Florida Statutes, except for purchases made with funds 189 received as gifts, donations, or bequests; funds raised by or 190 belonging to student clubs or student organizations; and funds 191 held for specific students or in accounts for individual 192 students. 193 5. Administer and maintain personnel programs for all 194 employees of the board of trustees and the Dan Marino Foundation 195 Florida Vocational College. Such employees shall be state 196 employees, except that the classification and pay plan for 197 academic personnel and academic administrative personnel of the 198 school shall be set by the board of trustees, subject only to 199 the approval of the State Board of Education. Such employees 200 shall be subject to the provisions of chapter 110, Florida 201 Statutes, and the provisions of law that grant authority to the 202 Department of Management Services over such programs for state 203 employees. 204 6. Give preference in appointment and retention in 205 positions of employment as provided in s. 295.07(1), Florida 206 Statutes. 207 7. Ensure that the Dan Marino Foundation Florida Vocational 208 College coordinates planning with local governing bodies for 209 educational facility construction. 210 8. Ensure that the Dan Marino Foundation Florida Vocational 211 College complies with s. 112.061, Florida Statutes, concerning 212 per diem and travel expenses of public officers, employees, and 213 authorized persons with respect to all funds other than funds 214 received as gifts, donations, or bequests; funds raised by or 215 belonging to student clubs or student organizations; and funds 216 held for specific students or in accounts for individual 217 students. 218 9. Adopt a master plan that specifies the mission and 219 objectives of the Dan Marino Foundation Florida Vocational 220 College. The plan shall include, but not be limited to, 221 procedures for systematically measuring the schools progress 222 toward meeting its objectives, analyzing changes in the student 223 population, and modifying school programs and services to 224 respond to such changes. The plan shall be implemented for a 225 period of 5 years and shall be reviewed for needed modifications 226 every 2 years. The board of trustees shall submit the initial 227 plan and subsequent modifications to the President of the Senate 228 and the Speaker of the House of Representatives. 229 (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.—The Board of 230 Trustees for the Dan Marino Foundation Florida Vocational 231 College shall provide for the content and custody of student and 232 employee personnel records. Student records shall be subject to 233 s. 1006.52, Florida Statutes. Employee personnel records shall 234 be subject to part IV of chapter 1012, Florida Statutes. 235 (6) LEGAL SERVICES.—The Board of Trustees for the Dan 236 Marino Foundation Florida Vocational College may provide legal 237 services for officers and employees of the board of trustees who 238 are charged with civil or criminal actions arising out of and in 239 the course of the performance of assigned duties and 240 responsibilities. The board of trustees may provide for 241 reimbursement of reasonable expenses for legal services for 242 officers and employees of the board of trustees who are charged 243 with civil or criminal actions arising out of and in the course 244 of the performance of assigned duties and responsibilities upon 245 successful defense of the officer or employee. However, in any 246 case in which the officer or employee pleads guilty or nolo 247 contendere to or is found guilty of any such action, the officer 248 or employee shall reimburse the board of trustees for any legal 249 services that the board of trustees may have supplied pursuant 250 to this section. The board of trustees may also reimburse an 251 officer or employee for any judgment that may be entered against 252 him or her in a civil action arising out of and in the course of 253 the performance of his or her assigned duties and 254 responsibilities. Each expenditure by the board of trustees for 255 legal defense of an officer or employee, or for reimbursement 256 pursuant to this section, shall be made at a public meeting with 257 notice pursuant to s. 120.525(1), Florida Statutes. The 258 provision of such legal services or reimbursement under the 259 conditions described in this subsection is declared to be a 260 school purpose for which school funds may be expended. 261 (7) PERSONNEL SCREENING.— 262 (a) The Board of Trustees of the Dan Marino Foundation 263 Florida Vocational College shall, because of the special trust 264 or responsibility of employees of the school, require all 265 employees and applicants for employment to undergo personnel 266 screening and security background investigations as provided in 267 chapter 435, Florida Statutes, using the level 2 standards for 268 screening set forth in that chapter, as a condition of 269 employment and continued employment. The cost of a personnel 270 screening and security background investigation for an employee 271 of the school shall be paid by the school. The cost of such a 272 screening and investigation for an applicant for employment may 273 be paid by the school. 274 (b) As a prerequisite for initial and continuing employment 275 at the Dan Marino Foundation Florida Vocational College: 276 1. The applicant or employee shall submit to the Dan Marino 277 Foundation Florida Vocational College a complete set of 278 fingerprints taken by an authorized law enforcement agency or an 279 employee of the Dan Marino Foundation Florida Vocational College 280 who is trained to take fingerprints. The Dan Marino Foundation 281 Florida Vocational College shall submit the fingerprints to the 282 Department of Law Enforcement for state processing and the 283 Federal Bureau of Investigation for federal processing. 284 2.a. The applicant or employee shall, under penalty of 285 perjury, attest to the minimum standards for good moral 286 character as provided in chapter 435, Florida Statutes, using 287 the level 2 standards set forth in that chapter. 288 b. New personnel shall be on probationary status pending a 289 determination of compliance with such minimum standards for good 290 moral character. This sub-subparagraph is in addition to any 291 probationary status provided for by state law or rules or 292 collective bargaining contracts of the Dan Marino Foundation 293 Florida Vocational College. 294 (c) The Dan Marino Foundation Florida Vocational College 295 shall review the record of the applicant or employee with 296 respect to the crimes described in s. 435.04, Florida Statutes, 297 and shall notify the applicant or employee of its findings. When 298 disposition information is missing on a criminal record, it 299 shall be the responsibility of the applicant or employee, upon 300 request of the Dan Marino Foundation Florida Vocational College, 301 to obtain the missing disposition information and supply such 302 information within 30 days to the Dan Marino Foundation Florida 303 Vocational College. Failure to supply missing information within 304 30 days or to show reasonable efforts to obtain such information 305 shall result in automatic disqualification of an applicant and 306 automatic termination of an employee. 307 (d) After an initial personnel screening and security 308 background investigation, written notification shall be given to 309 the affected employee within a reasonable time prior to any 310 subsequent screening and investigation. 311 (e) The Dan Marino Foundation Florida Vocational College 312 may grant exemptions from disqualification as provided in s. 313 435.07, Florida Statutes. 314 (f) The Dan Marino Foundation Florida Vocational College 315 may not use the criminal records, private investigator findings, 316 or information from reference checks obtained by the school 317 pursuant to this section for any purpose other than determining 318 whether a person meets the minimum standards for good moral 319 character for personnel employed by the school. 320 (g) It is a misdemeanor of the first degree, punishable as 321 provided in s. 775.082 or s. 775.083, Florida Statutes, for any 322 person willfully, knowingly, or intentionally to: 323 1. Fail, by false statement, misrepresentation, 324 impersonation, or other fraudulent means, to disclose in any 325 application for voluntary or paid employment a material fact 326 used in making a determination as to such person’s 327 qualifications for a position of special trust. 328 2. Use the criminal records, private investigator findings, 329 or information from reference checks obtained under this section 330 or information obtained from such records or findings, or to 331 release such information or records to any person, for purposes 332 other than screening for employment. 333 (8) CAMPUS POLICE.— 334 (a) The Board of Trustees for the Dan Marino Foundation 335 Florida Vocational College is permitted and empowered to employ 336 police officers for the school. Such officers must be designated 337 as the Dan Marino Foundation Florida Vocational College campus 338 police. 339 (b) Each Dan Marino Foundation Florida Vocational College 340 campus police officer is a law enforcement officer of the state 341 and a conservator of the peace who has the authority to arrest, 342 in accordance with the laws of this state, any person for a 343 violation of state law or any applicable county or municipal 344 ordinance if that violation occurs on or in any property or 345 facility of the school. A campus police officer may also arrest 346 a person off campus for a violation committed on campus after a 347 hot pursuit of that person that began on campus. A campus police 348 officer shall have full authority to bear arms in the 349 performance of the officer’s duties and carry out a search 350 pursuant to a search warrant on the campus. The Dan Marino 351 Foundation Florida Vocational College campus police, upon 352 request of the sheriff or local police authority, may serve 353 subpoenas or other legal process and may make arrests of persons 354 against whom arrest warrants have been issued or against whom 355 charges have been made for violations of federal or state laws 356 or county or municipal ordinances. Campus police officers may 357 enforce traffic laws within the boundaries of the campus in 358 accordance with chapter 316, Florida Statutes. 359 (c) The campus police shall promptly deliver any person 360 arrested and charged with a felony to the sheriff of the county 361 in which the school is located and any person arrested and 362 charged with a misdemeanor to the applicable authority as 363 provided by law or to the sheriff of the county in which the 364 school is located. 365 (d) The campus police must meet the minimum standards 366 established by the Criminal Justice Standards and Training 367 Commission of the Department of Law Enforcement and chapter 943, 368 Florida Statutes, for law enforcement officers. Each campus 369 police officer must, before entering into the performance of the 370 officer’s duties, take the oath of office established by the 371 board of trustees. The board of trustees must provide a uniform 372 set of identifying credentials to each campus police officer it 373 employs. 374 (e) In performance of any of the powers, duties, or 375 functions authorized by law, campus police have the same rights, 376 protections, and immunities afforded other law enforcement 377 officers. 378 (f) The board of trustees shall adopt rules, including, 379 without limitation, rules for the appointment, employment, and 380 removal of campus police in accordance with the State Career 381 Service System and shall establish in writing a policy manual 382 that includes, without limitation, procedures for managing 383 routine law enforcement situations and emergency law enforcement 384 situations. The board of trustees shall furnish a copy of the 385 policy manual to each campus police officer it employs. A campus 386 police officer employed by the board of trustees must have 387 completed the training required by the school in the special 388 needs of and proper procedures for dealing with students served 389 by the school. 390 (9) REPORT OF CAMPUS CRIME STATISTICS.— 391 (a) The school shall prepare an annual report of statistics 392 of crimes committed on its campus and shall submit the report to 393 the board of trustees and the Commissioner of Education. The 394 data for the report may be taken from the annual report of the 395 Department of Law Enforcement. The board of trustees shall 396 prescribe the form for submission of the report. 397 (b) The school shall prepare an annual report of statistics 398 of crimes committed on its campus for the preceding 3 years. The 399 school shall give students and prospective students notice that 400 this report is available upon request. 401 Section 2. Subsection (5) is added to section 1000.04, 402 Florida Statutes, to read: 403 1000.04 Components for the delivery of public education 404 within the Florida K-20 education system.—Florida’s K-20 405 education system provides for the delivery of public education 406 through publicly supported and controlled K-12 schools, 407 community colleges, state universities and other postsecondary 408 educational institutions, other educational institutions, and 409 other educational services as provided or authorized by the 410 Constitution and laws of the state. 411 (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE. 412 The Dan Marino Foundation Florida Vocational College is a 413 component of the delivery of public education within Florida’s 414 K-20 education system. 415 Section 3. Paragraph (e) of subsection (4) of section 416 1001.20, Florida Statutes, is amended to read: 417 1001.20 Department under direction of state board.— 418 (4) The Department of Education shall establish the 419 following offices within the Office of the Commissioner of 420 Education which shall coordinate their activities with all other 421 divisions and offices: 422 (e) Office of Inspector General.—Organized using existing 423 resources and funds and responsible for promoting 424 accountability, efficiency, and effectiveness and detecting 425 fraud and abuse within school districts, the Florida School for 426 the Deaf and the Blind, the Dan Marino Foundation Florida 427 Vocational College, and community colleges in Florida. If the 428 Commissioner of Education determines that a district school 429 board, the Board of Trustees for the Florida School for the Deaf 430 and the Blind, the Board of Trustees for the Dan Marino 431 Foundation Florida Vocational College, or a community college 432 board of trustees is unwilling or unable to address 433 substantiated allegations made by any person relating to waste, 434 fraud, or financial mismanagement within the school district, 435 the Florida School for the Deaf and the Blind, the Dan Marino 436 Foundation Florida Vocational College, or the community college, 437 the office shall conduct, coordinate, or request investigations 438 into such substantiated allegations. The office shall have 439 access to all information and personnel necessary to perform its 440 duties and shall have all of its current powers, duties, and 441 responsibilities authorized in s. 20.055. 442 Section 4. This act shall take effect July 1, 2011.