Bill Text: FL H0973 | 2012 | Regular Session | Introduced

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Bill Title: Dan Marino Foundation Florida Vocational College

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in K-20 Innovation Subcommittee [H0973 Detail]

Download: Florida-2012-H0973-Introduced.html

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HB 973

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.

CODING: Words stricken are deletions; words underlined are additions.