| 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 residential postsecondary school for |
| 6 | certain students who have developmental disabilities; |
| 7 | providing funding for the school through the |
| 8 | Department of Education subject to a specific one-time |
| 9 | appropriation; providing the school's mission; |
| 10 | requiring that the school comply with the laws and |
| 11 | rules applicable to state agencies unless otherwise |
| 12 | provided by law; requiring that the school provide |
| 13 | educational programs and support services; creating a |
| 14 | board of trustees; providing membership, terms, and |
| 15 | specifying powers and duties of the board; requiring |
| 16 | that the board provide for the content and custody of |
| 17 | student and employee personnel records; authorizing |
| 18 | the board to provide legal services and reimbursement |
| 19 | of expenses for officers and employees of the board; |
| 20 | requiring that all employees and applicants for |
| 21 | employment undergo personnel screening and security |
| 22 | background investigations; providing a penalty for |
| 23 | failure to disclose certain material facts and for use |
| 24 | of confidential information for certain purposes; |
| 25 | requiring reporting of on-campus crime statistics; |
| 26 | amending s. 1000.04, F.S.; providing that the Dan |
| 27 | Marino Foundation Florida Vocational College is a |
| 28 | component of the delivery of public education within |
| 29 | the Florida College System; amending s. 1001.20, F.S.; |
| 30 | authorizing investigations by the Office of Inspector |
| 31 | General within the Department of Education; providing |
| 32 | an effective date. |
| 33 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 36 | Section 1. The Dan Marino Foundation Florida Vocational |
| 37 | College.- |
| 38 | (1) DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-The |
| 39 | Dan Marino Foundation Florida Vocational College is established |
| 40 | in Broward County, Florida, as a residential school that |
| 41 | provides students who have developmental disabilities, who are |
| 42 | 18 to 28 years of age, and who are no longer eligible for |
| 43 | exceptional student education funding due to age or graduation |
| 44 | from high school with the opportunity to obtain a postsecondary |
| 45 | education on a college campus setting. The school shall be a |
| 46 | component of the delivery of public education within the Florida |
| 47 | College System and shall be funded through the Department of |
| 48 | Education subject to a specific one-time appropriation. |
| 49 | (2) MISSION.-The mission of the Dan Marino Foundation |
| 50 | Florida Vocational College is to provide an appropriate |
| 51 | education for eligible students who have developmental |
| 52 | disabilities. As a school that provides programs for attaining |
| 53 | vocational, life, social, and independent living skills, the |
| 54 | school shall strive to provide students with an opportunity to |
| 55 | develop skills fostering their independence in a caring, safe, |
| 56 | and unique learning environment, to prepare them to be an |
| 57 | integral part of the community, and to allow them to become |
| 58 | significantly less dependent on government funding. As a diverse |
| 59 | organization, the school shall strive to foster respect and |
| 60 | understanding for each individual. |
| 61 | (3) RESPONSIBILITIES.-The school shall: |
| 62 | (a) Unless otherwise provided by law, comply with all laws |
| 63 | and rules applicable to state agencies. |
| 64 | (b) Provide educational programs and support services |
| 65 | appropriate to meet the educational and related evaluation and |
| 66 | counseling needs of students who have developmental disabilities |
| 67 | and who meet the enrollment criteria. |
| 68 | (c) Provide an individualized curriculum that is based on |
| 69 | each student's needs, preferences, and interests. Each student |
| 70 | who successfully completes the curriculum requirements will |
| 71 | receive a Dan Marino Foundation Florida Vocational College |
| 72 | Career and Life Skills Diploma. |
| 73 | (d) Provide students with the following curriculum tracks: |
| 74 | 1. Employment track.-The employment track enables a |
| 75 | student to access on-the-job training and develop an employment |
| 76 | profile in order to seek a position within his or her field of |
| 77 | choice upon completion. |
| 78 | 2. Certification track.-The certification track provides a |
| 79 | student who is pursuing a job within an industry requiring |
| 80 | certification with vocational education paired with on-the-job |
| 81 | training. |
| 82 | (e) Provide outreach services that include collaboration |
| 83 | with employers, district school boards, and community |
| 84 | organizations and encourage input from students, staff, parents, |
| 85 | and the community. |
| 86 | (4) BOARD OF TRUSTEES.- |
| 87 | (a) A Board of Trustees for the Dan Marino Foundation |
| 88 | Florida Vocational College is created and shall consist of seven |
| 89 | members. Of these seven members, three shall be appointed by the |
| 90 | Governor and one of these three shall be a person with a |
| 91 | developmental disability. Of the remaining four members, one |
| 92 | shall be the chair of the Dan Marino Foundation, one shall be |
| 93 | the chief executive officer of the Dan Marino Foundation, one |
| 94 | shall be appointed by the Speaker of the House of |
| 95 | Representatives, and one shall be appointed by the President of |
| 96 | the Senate. The term of office of each member shall be 4 years. |
| 97 | The Governor may remove any member for cause and shall fill all |
| 98 | vacancies that occur. |
| 99 | (b) The board of trustees shall elect a chair annually. |
| 100 | (c) The board of trustees may adopt rules to administer |
| 101 | this section and to provide for 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)12. 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 vested with full power and |
| 119 | authority to: |
| 120 | 1. Appoint a president, faculty, teachers, and other |
| 121 | employees, to remove the same according to its best judgment, |
| 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. Accept Stanley G. Tate Florida Prepaid College Program |
| 131 | funds and state and federal scholarships and grants. |
| 132 | 6. Determine the degrees and certificates the school will |
| 133 | offer. |
| 134 | 7. Provide for the proper keeping of accounts and records |
| 135 | and for budgeting of funds. |
| 136 | 8. Enter into contracts. |
| 137 | 9. Sue and be sued and be entitled to sovereign immunity |
| 138 | pursuant to s. 768.28, Florida Statutes. |
| 139 | 10. Secure public liability insurance. |
| 140 | 11. Do and perform every other matter or thing necessary |
| 141 | to the proper management, maintenance, support, and control of |
| 142 | the school at the highest efficiency economically possible, |
| 143 | taking into consideration the purposes of the establishment. |
| 144 | 12. 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 | 13. 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 | 14. 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 | 15. 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. Approve and administer an annual operating budget. |
| 171 | 2. Require all funds received, other than gifts, |
| 172 | donations, bequests, funds raised by or belonging to student |
| 173 | clubs or student organizations, and funds held for specific |
| 174 | students or in accounts for individual students, to be deposited |
| 175 | in the State Treasury and expended as authorized in the General |
| 176 | Appropriations Act. |
| 177 | 3. Require all purchases to be in accordance with chapter |
| 178 | 287, Florida Statutes, except for purchases made with funds |
| 179 | received as gifts, donations, or bequests; funds raised by or |
| 180 | belonging to student clubs or student organizations; and funds |
| 181 | held for specific students or in accounts for individual |
| 182 | students. |
| 183 | 4. Administer and maintain personnel programs for all |
| 184 | employees of the board of trustees and the Dan Marino Foundation |
| 185 | Florida Vocational College. Such employees may not be state |
| 186 | employees. The classification and pay plan for academic |
| 187 | personnel and academic administrative personnel of the school |
| 188 | shall be set by the board of trustees. Such employees shall be |
| 189 | subject to the provisions of chapter 110, Florida Statutes. |
| 190 | 5. Give preference in appointment and retention in |
| 191 | positions of employment as provided in s. 295.07(1), Florida |
| 192 | Statutes. |
| 193 | 6. Ensure that the Dan Marino Foundation Florida |
| 194 | Vocational College coordinates planning with local governing |
| 195 | bodies for educational facility construction. |
| 196 | 7. Adopt a master plan that specifies the mission and |
| 197 | objectives of the Dan Marino Foundation Florida Vocational |
| 198 | College. The plan shall include, but is not limited to, |
| 199 | procedures for systematically measuring the school's progress |
| 200 | toward meeting its objectives, analyzing changes in the student |
| 201 | population, and modifying school programs and services to |
| 202 | respond to such changes. The plan shall be implemented for a |
| 203 | period of 5 years and shall be reviewed for needed modifications |
| 204 | every 2 years. The board of trustees shall submit the initial |
| 205 | plan and subsequent modifications to the President of the Senate |
| 206 | and the Speaker of the House of Representatives. |
| 207 | (5) STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of |
| 208 | Trustees for the Dan Marino Foundation Florida Vocational |
| 209 | College shall provide for the content and custody of student and |
| 210 | employee personnel records. Student records shall be subject to |
| 211 | s. 1006.52, Florida Statutes. Employee personnel records shall |
| 212 | be subject to part IV of chapter 1012, Florida Statutes. |
| 213 | (6) LEGAL SERVICES.-The Board of Trustees for the Dan |
| 214 | Marino Foundation Florida Vocational College may provide legal |
| 215 | services for officers and employees of the board of trustees who |
| 216 | are charged with civil or criminal actions arising out of and in |
| 217 | the course of the performance of assigned duties and |
| 218 | responsibilities. The board of trustees may provide for |
| 219 | reimbursement of reasonable expenses for legal services for |
| 220 | officers and employees of the board of trustees who are charged |
| 221 | with civil or criminal actions arising out of and in the course |
| 222 | of the performance of assigned duties and responsibilities upon |
| 223 | successful defense of the officer or employee. However, in any |
| 224 | case in which the officer or employee pleads guilty or nolo |
| 225 | contendere to or is found guilty of any such action, the officer |
| 226 | or employee shall reimburse the board of trustees for any legal |
| 227 | services that the board of trustees may have supplied pursuant |
| 228 | to this section. The board of trustees may also reimburse an |
| 229 | officer or employee for any judgment that may be entered against |
| 230 | him or her in a civil action arising out of and in the course of |
| 231 | the performance of his or her assigned duties and |
| 232 | responsibilities. Each expenditure by the board of trustees for |
| 233 | legal defense of an officer or employee, or for reimbursement |
| 234 | pursuant to this section, shall be made at a public meeting with |
| 235 | notice pursuant to s. 120.525(1), Florida Statutes. The |
| 236 | provision of such legal services or reimbursement under the |
| 237 | conditions described in this subsection is declared to be a |
| 238 | school purpose for which school funds may be expended. |
| 239 | (7) PERSONNEL SCREENING.- |
| 240 | (a) The Board of Trustees of the Dan Marino Foundation |
| 241 | Florida Vocational College shall, because of the special trust |
| 242 | or responsibility of employees of the school, require all |
| 243 | employees and applicants for employment to undergo personnel |
| 244 | screening and security background investigations as provided in |
| 245 | chapter 435, Florida Statutes, using the level 2 standards for |
| 246 | screening set forth in that chapter, as a condition of |
| 247 | employment and continued employment. The cost of a personnel |
| 248 | screening and security background investigation for an employee |
| 249 | of the school shall be paid by the school. The cost of such a |
| 250 | screening and investigation for an applicant for employment may |
| 251 | be paid by the school. |
| 252 | (b) As a prerequisite for initial and continuing |
| 253 | employment at the Dan Marino Foundation Florida Vocational |
| 254 | College: |
| 255 | 1. The applicant or employee shall submit to the Dan |
| 256 | Marino Foundation Florida Vocational College a complete set of |
| 257 | fingerprints taken by an authorized law enforcement agency or an |
| 258 | employee of the Dan Marino Foundation Florida Vocational College |
| 259 | who is trained to take fingerprints. The Dan Marino Foundation |
| 260 | Florida Vocational College shall submit the fingerprints to the |
| 261 | Department of Law Enforcement for state processing and the |
| 262 | Federal Bureau of Investigation for federal processing. |
| 263 | 2.a. The applicant or employee shall, under penalty of |
| 264 | perjury, attest to the minimum standards for good moral |
| 265 | character as provided in chapter 435, Florida Statutes, using |
| 266 | the level 2 standards set forth in that chapter. |
| 267 | b. New personnel shall be on probationary status pending a |
| 268 | determination of compliance with such minimum standards for good |
| 269 | moral character. This sub-subparagraph is in addition to any |
| 270 | probationary status provided for by state law or rules or |
| 271 | collective bargaining contracts of the Dan Marino Foundation |
| 272 | Florida Vocational College. |
| 273 | (c) The Dan Marino Foundation Florida Vocational College |
| 274 | shall review the record of the applicant or employee with |
| 275 | respect to the crimes described in s. 435.04, Florida Statutes, |
| 276 | and shall notify the applicant or employee of its findings. When |
| 277 | disposition information is missing on a criminal record, it |
| 278 | shall be the responsibility of the applicant or employee, upon |
| 279 | request of the Dan Marino Foundation Florida Vocational College, |
| 280 | to obtain the missing disposition information and supply such |
| 281 | information within 30 days to the Dan Marino Foundation Florida |
| 282 | Vocational College. Failure to supply missing information within |
| 283 | 30 days or to show reasonable efforts to obtain such information |
| 284 | shall result in automatic disqualification of an applicant and |
| 285 | automatic termination of an employee. |
| 286 | (d) After an initial personnel screening and security |
| 287 | background investigation, written notification shall be given to |
| 288 | the affected employee within a reasonable time prior to any |
| 289 | subsequent screening and investigation. |
| 290 | (e) The Dan Marino Foundation Florida Vocational College |
| 291 | may grant exemptions from disqualification as provided in s. |
| 292 | 435.07, Florida Statutes. |
| 293 | (f) The Dan Marino Foundation Florida Vocational College |
| 294 | may not use the criminal records, private investigator findings, |
| 295 | or information from reference checks obtained by the school |
| 296 | pursuant to this section for any purpose other than determining |
| 297 | whether a person meets the minimum standards for good moral |
| 298 | character for personnel employed by the school. |
| 299 | (g) It is a misdemeanor of the first degree, punishable as |
| 300 | provided in s. 775.082 or s. 775.083, Florida Statutes, for any |
| 301 | person willfully, knowingly, or intentionally to: |
| 302 | 1. Fail, by false statement, misrepresentation, |
| 303 | impersonation, or other fraudulent means, to disclose in any |
| 304 | application for voluntary or paid employment a material fact |
| 305 | used in making a determination as to such person's |
| 306 | qualifications for a position of special trust. |
| 307 | 2. Use the criminal records, private investigator |
| 308 | findings, or information from reference checks obtained under |
| 309 | this section or information obtained from such records or |
| 310 | findings, or to release such information or records to any |
| 311 | person, for purposes other than screening for employment. |
| 312 | (8) REPORT OF CAMPUS CRIME STATISTICS.- |
| 313 | (a) The school shall prepare an annual report of |
| 314 | statistics of crimes committed on its campus and shall submit |
| 315 | the report to the board of trustees and the Commissioner of |
| 316 | Education. The data for the report may be taken from the annual |
| 317 | report of the Department of Law Enforcement. The board of |
| 318 | trustees shall prescribe the form for submission of the report. |
| 319 | (b) The school shall prepare an annual report of |
| 320 | statistics of crimes committed on its campus for the preceding 3 |
| 321 | years. The school shall give students and prospective students |
| 322 | notice that this report is available upon request. |
| 323 | Section 2. Subsection (5) is added to section 1000.04, |
| 324 | Florida Statutes, to read: |
| 325 | 1000.04 Components for the delivery of public education |
| 326 | within the Florida K-20 education system.-Florida's K-20 |
| 327 | education system provides for the delivery of public education |
| 328 | through publicly supported and controlled K-12 schools, Florida |
| 329 | College System institutions, state universities and other |
| 330 | postsecondary educational institutions, other educational |
| 331 | institutions, and other educational services as provided or |
| 332 | authorized by the Constitution and laws of the state. |
| 333 | (5) THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.- |
| 334 | The Dan Marino Foundation Florida Vocational College is a |
| 335 | component of the delivery of public education within the Florida |
| 336 | College System. |
| 337 | Section 3. Paragraph (e) of subsection (4) of section |
| 338 | 1001.20, Florida Statutes, is amended to read: |
| 339 | 1001.20 Department under direction of state board.- |
| 340 | (4) The Department of Education shall establish the |
| 341 | following offices within the Office of the Commissioner of |
| 342 | Education which shall coordinate their activities with all other |
| 343 | divisions and offices: |
| 344 | (e) Office of Inspector General.-Organized using existing |
| 345 | resources and funds and responsible for promoting |
| 346 | accountability, efficiency, and effectiveness and detecting |
| 347 | fraud and abuse within school districts, the Florida School for |
| 348 | the Deaf and the Blind, the Dan Marino Foundation Florida |
| 349 | Vocational College, and Florida College System institutions in |
| 350 | Florida. If the Commissioner of Education determines that a |
| 351 | district school board, the Board of Trustees for the Florida |
| 352 | School for the Deaf and the Blind, the Board of Trustees for the |
| 353 | Dan Marino Foundation Florida Vocational College, or a Florida |
| 354 | College System institution board of trustees is unwilling or |
| 355 | unable to address substantiated allegations made by any person |
| 356 | relating to waste, fraud, or financial mismanagement within the |
| 357 | school district, the Florida School for the Deaf and the Blind, |
| 358 | the Dan Marino Foundation Florida Vocational College, or the |
| 359 | Florida College System institution, the office shall conduct, |
| 360 | coordinate, or request investigations into such substantiated |
| 361 | allegations. The office shall have access to all information and |
| 362 | personnel necessary to perform its duties and shall have all of |
| 363 | its current powers, duties, and responsibilities authorized in |
| 364 | s. 20.055. |
| 365 | Section 4. This act shall take effect July 1, 2012. |