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 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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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. |