Bill Text: FL H1451 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Dan Marino Foundation Florida Vocational College

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1451 Detail]

Download: Florida-2011-H1451-Introduced.html

---

HB 1451

1	A bill to be entitled
2	An act relating to the Dan Marino Foundation Florida
3	Vocational College; establishing the Dan Marino Foundation
4	Florida Vocational College in Broward County as a public
5	residential postsecondary school for certain students who
6	have developmental disabilities; providing funding for the
7	school through the Department of Education; requiring that
8	the school comply with the laws and rules applicable to
9	state agencies unless otherwise provided by law; requiring
10	that the school provide educational programs and services;
11	requiring that the Auditor General conduct annual audits
12	of the school's accounts and records; creating a board of
13	trustees; providing membership, terms, and specifying
14	powers and duties of the board; requiring that the board
15	submit legislative budget requests for operations and
16	fixed capital outlay; requiring that the board provide for
17	the content and custody of student and employee personnel
18	records; authorizing the board to provide legal services
19	and reimbursement of expenses for officers and employees
20	of the board; requiring notice and a public meeting under
21	certain circumstances; requiring that all employees and
22	applicants for employment with the board undergo personnel
23	screening and security background investigations;
24	providing a penalty for failure to disclose certain
25	material facts and for use of confidential information for
26	certain purposes; authorizing the employment of campus
27	police and providing powers, duties, and qualifications;
28	requiring reporting of on-campus crime statistics;
29	amending s. 1000.04, F.S.; providing that the Dan Marino
30	Foundation Florida Vocational College is a component of
31	the delivery of public education within Florida's K-20
32	education system; amending s. 1001.20, F.S.; authorizing
33	investigations by the Office of Inspector General within
34	the Department of Education; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  The Dan Marino Foundation Florida Vocational
39	College.-
40	(1)  RESPONSIBILITIES.-The Dan Marino Foundation Florida
41	Vocational College is established in Broward County, Florida, as
42	a state-supported residential school that provides students who
43	have developmental disabilities, who are 18 to 26 years of age,
44	and who have graduated from high school the opportunity to
45	obtain a postsecondary education on a college campus setting.
46	The school shall be a component of the delivery of public
47	education within Florida's K-20 education system and shall be
48	funded through the Department of Education. The school shall
49	provide educational programs and support services appropriate to
50	meet the educational and related evaluation and counseling needs
51	of students who have developmental disabilities and who meet the
52	enrollment criteria. Unless otherwise provided by law, the
53	school shall comply with all laws and rules applicable to state
54	agencies. Educational services may be provided on an outreach
55	basis for students who have developmental disabilities and who
56	are 18 to 26 years of age and to district school boards upon
57	request.
58	(2)  MISSION.-The mission of the Dan Marino Foundation
59	Florida Vocational College is to provide an appropriate public
60	education for eligible Florida students who have developmental
61	disabilities. As a school that provides programs for attaining
62	vocational, life, social, and independent living skills, the
63	school shall strive to provide students with an opportunity to
64	develop skills fostering their independence in a caring, safe,
65	and unique learning environment, to prepare them to be an
66	integral part of the community, and to allow them to become
67	significantly less dependent on government funding. The school
68	shall provide outreach services that include collaboration with
69	employers, district school boards, and community organizations
70	and shall encourage input from students, staff, parents, and the
71	community. As a diverse organization, the school shall foster
72	respect and understanding for each individual.
73	(3)  AUDITS.-The Auditor General shall conduct annual
74	audits of the accounts and records of the Dan Marino Foundation
75	Florida Vocational College. The Department of Education's
76	inspector general may conduct investigations at the school in
77	accordance with s. 1001.20(4)(e), Florida Statutes.
78	(4)  BOARD OF TRUSTEES.-
79	(a)  A Board of Trustees for the Dan Marino Foundation
80	Florida Vocational College is created and shall consist of seven
81	members who are appointed by the Governor and subject to
82	confirmation by the Senate. Of these seven members, two shall be
83	persons who have developmental disabilities. Each board member
84	must have been a resident of the state for at least 10 years
85	before his or her appointment. The term of office of each member
86	shall be 4 years. The Governor may remove any member for cause
87	and shall fill all vacancies that occur.
88	(b)  The board of trustees shall elect a chair annually.
89	The trustees are entitled to reimbursement for travel expenses
90	pursuant to s. 112.061, Florida Statutes, the accounts of which
91	shall be paid by the Chief Financial Officer upon itemized
92	vouchers duly approved by the chair.
93	(c)  The board of trustees may adopt rules to administer
94	this section and relating to the operation of the Dan Marino
95	Foundation Florida Vocational College. The board shall submit
96	the rules to the State Board of Education for approval or
97	disapproval. After a rule is approved by the state board, the
98	rule shall be filed immediately with the Department of State.
99	The board of trustees shall act at all times in conjunction with
100	the rules of the State Board of Education.
101	(d)  The board of trustees is a body corporate and shall
102	have a corporate seal. Unless otherwise provided by law, all
103	actions of the board of trustees shall be consistent with all
104	laws and rules applicable to state agencies. Title to any gift,
105	donation, or bequest received by the board of trustees pursuant
106	to subparagraph (e)11., shall vest in the board of trustees.
107	Title to all other property and other assets of the Dan Marino
108	Foundation Florida Vocational College shall vest in the State
109	Board of Education; however, the board of trustees shall have
110	complete jurisdiction over the management of the school.
111	(e)  The board of trustees is invested with full power and
112	authority to:
113	1.  Appoint a president, faculty, teachers, and other
114	employees, to remove the same as in its judgment may be best,
115	and to fix their compensation.
116	2.  Procure professional services, including, but not
117	limited to, medical, mental health, architectural, and
118	engineering services.
119	3.  Procure legal services without the prior written
120	approval of the Attorney General.
121	4.  Determine eligibility of students and the procedure for
122	admission.
123	5.  Provide students with necessary bedding, clothing,
124	food, and medical attendance and such other things as may be
125	proper for the health and comfort of the students without cost
126	to their parents, except that the board of trustees may set
127	tuition and other fees for nonresidents.
128	6.  Provide for the proper keeping of accounts and records
129	and for budgeting of funds.
130	7.  Enter into contracts.
131	8.  Sue and be sued.
132	9.  Secure public liability insurance.
133	10.  Do and perform every other matter or thing necessary
134	to the proper management, maintenance, support, and control of
135	the school at the highest efficiency economically possible,
136	taking into consideration the purposes of the establishment.
137	11.  Receive gifts, donations, and bequests of money or
138	property, real or personal, tangible or intangible, from any
139	person, firm, corporation, or other legal entity. However, the
140	board of trustees may not obligate the state to any expenditure
141	or policy that is not specifically authorized by law. If a bill
142	of sale, will, trust indenture, deed, or other legal conveyance
143	specifies terms and conditions concerning the use of such money
144	or property, the board of trustees shall observe such terms and
145	conditions.
146	12.  Deposit outside the State Treasury such moneys as are
147	received as gifts, donations, or bequests and may disburse and
148	expend such moneys, upon its own warrant, for the use and
149	benefit of the Dan Marino Foundation Florida Vocational College
150	and its students as the board of trustees deems to be in the
151	best interest of the school and its students. This money or
152	property is not a part of any legislative appropriation.
153	13.  Sell or convey by bill of sale, deed, or other legal
154	instrument any property, real or personal, received as a gift,
155	donation, or bequest upon such terms and conditions as the board
156	of trustees deems to be in the best interest of the school and
157	its students.
158	14.  Invest such moneys in securities enumerated under s.
159	215.47(1), (2)(c), (3), (4), and (10), Florida Statutes, and in
160	The Common Fund, an Investment Management Fund exclusively for
161	nonprofit educational institutions.
162	(f)  The board of trustees shall:
163	1.  Prepare and submit legislative budget requests for
164	operations and fixed capital outlay, in accordance with chapter
165	216, Florida Statutes, to the Department of Education for review
166	and approval. The department shall analyze the amount requested
167	for fixed capital outlay to determine whether the request is
168	consistent with the college's campus master plan, educational
169	plant survey, and facilities master plan. Projections of
170	facility space needs may exceed the norm space and occupant
171	design criteria established in the State Requirements for
172	Educational Facilities.
173	2.  Approve and administer an annual operating budget.
174	3.  Require all funds received, other than gifts,
175	donations, bequests, funds raised by or belonging to student
176	clubs or student organizations, and funds held for specific
177	students or in accounts for individual students, to be deposited
178	in the State Treasury and expended as authorized in the General
179	Appropriations Act.
180	4.  Require all purchases to be in accordance with chapter
181	287, Florida Statutes, except for purchases made with funds
182	received as gifts, donations, or bequests; funds raised by or
183	belonging to student clubs or student organizations; and funds
184	held for specific students or in accounts for individual
185	students.
186	5.  Administer and maintain personnel programs for all
187	employees of the board of trustees and the Dan Marino Foundation
188	Florida Vocational College. Such employees shall be state
189	employees, except that the classification and pay plan for
190	academic personnel and academic administrative personnel of the
191	school shall be set by the board of trustees, subject only to
192	the approval of the State Board of Education. Such employees
193	shall be subject to the provisions of chapter 110, Florida
194	Statutes, and the provisions of law that grant authority to the
195	Department of Management Services over such programs for state
196	employees.
197	6.  Give preference in appointment and retention in
198	positions of employment as provided in s. 295.07(1), Florida
199	Statutes.
200	7.  Ensure that the Dan Marino Foundation Florida
201	Vocational College coordinates planning with local governing
202	bodies for educational facility construction.
203	8.  Ensure that the Dan Marino Foundation Florida
204	Vocational College complies with s. 112.061, Florida Statutes,
205	concerning per diem and travel expenses of public officers,
206	employees, and authorized persons with respect to all funds
207	other than funds received as gifts, donations, or bequests;
208	funds raised by or belonging to student clubs or student
209	organizations; and funds held for specific students or in
210	accounts for individual students.
211	9.  Adopt a master plan that specifies the mission and
212	objectives of the Dan Marino Foundation Florida Vocational
213	College. The plan shall include, but not be limited to,
214	procedures for systematically measuring the schools progress
215	toward meeting its objectives, analyzing changes in the student
216	population, and modifying school programs and services to
217	respond to such changes. The plan shall be implemented for a
218	period of 5 years and shall be reviewed for needed modifications
219	every 2 years. The board of trustees shall submit the initial
220	plan and subsequent modifications to the President of the Senate
221	and the Speaker of the House of Representatives.
222	(5)  STUDENT AND EMPLOYEE PERSONNEL RECORDS.-The Board of
223	Trustees for the Dan Marino Foundation Florida Vocational
224	College shall provide for the content and custody of student and
225	employee personnel records. Student records shall be subject to
226	s. 1006.52, Florida Statutes. Employee personnel records shall
227	be subject to part IV of chapter 1012, Florida Statutes.
228	(6)  LEGAL SERVICES.-The Board of Trustees for the Dan
229	Marino Foundation Florida Vocational College may provide legal
230	services for officers and employees of the board of trustees who
231	are charged with civil or criminal actions arising out of and in
232	the course of the performance of assigned duties and
233	responsibilities. The board of trustees may provide for
234	reimbursement of reasonable expenses for legal services for
235	officers and employees of the board of trustees who are charged
236	with civil or criminal actions arising out of and in the course
237	of the performance of assigned duties and responsibilities upon
238	successful defense of the officer or employee. However, in any
239	case in which the officer or employee pleads guilty or nolo
240	contendere to or is found guilty of any such action, the officer
241	or employee shall reimburse the board of trustees for any legal
242	services that the board of trustees may have supplied pursuant
243	to this section. The board of trustees may also reimburse an
244	officer or employee for any judgment that may be entered against
245	him or her in a civil action arising out of and in the course of
246	the performance of his or her assigned duties and
247	responsibilities. Each expenditure by the board of trustees for
248	legal defense of an officer or employee, or for reimbursement
249	pursuant to this section, shall be made at a public meeting with
250	notice pursuant to s. 120.525(1), Florida Statutes. The
251	provision of such legal services or reimbursement under the
252	conditions described in this subsection is declared to be a
253	school purpose for which school funds may be expended.
254	(7)  PERSONNEL SCREENING.-
255	(a)  The Board of Trustees of the Dan Marino Foundation
256	Florida Vocational College shall, because of the special trust
257	or responsibility of employees of the school, require all
258	employees and applicants for employment to undergo personnel
259	screening and security background investigations as provided in
260	chapter 435, Florida Statutes, using the level 2 standards for
261	screening set forth in that chapter, as a condition of
262	employment and continued employment. The cost of a personnel
263	screening and security background investigation for an employee
264	of the school shall be paid by the school. The cost of such a
265	screening and investigation for an applicant for employment may
266	be paid by the school.
267	(b)  As a prerequisite for initial and continuing
268	employment at the Dan Marino Foundation Florida Vocational
269	College:
270	1.  The applicant or employee shall submit to the Dan
271	Marino Foundation Florida Vocational College a complete set of
272	fingerprints taken by an authorized law enforcement agency or an
273	employee of the Dan Marino Foundation Florida Vocational College
274	who is trained to take fingerprints. The Dan Marino Foundation
275	Florida Vocational College shall submit the fingerprints to the
276	Department of Law Enforcement for state processing and the
277	Federal Bureau of Investigation for federal processing.
278	2.a.  The applicant or employee shall, under penalty of
279	perjury, attest to the minimum standards for good moral
280	character as provided in chapter 435, Florida Statutes, using
281	the level 2 standards set forth in that chapter.
282	b.  New personnel shall be on probationary status pending a
283	determination of compliance with such minimum standards for good
284	moral character. This sub-subparagraph is in addition to any
285	probationary status provided for by state law or rules or
286	collective bargaining contracts of the Dan Marino Foundation
287	Florida Vocational College.
288	(c)  The Dan Marino Foundation Florida Vocational College
289	shall review the record of the applicant or employee with
290	respect to the crimes described in s. 435.04, Florida Statutes,
291	and shall notify the applicant or employee of its findings. When
292	disposition information is missing on a criminal record, it
293	shall be the responsibility of the applicant or employee, upon
294	request of the Dan Marino Foundation Florida Vocational College,
295	to obtain the missing disposition information and supply such
296	information within 30 days to the Dan Marino Foundation Florida
297	Vocational College. Failure to supply missing information within
298	30 days or to show reasonable efforts to obtain such information
299	shall result in automatic disqualification of an applicant and
300	automatic termination of an employee.
301	(d)  After an initial personnel screening and security
302	background investigation, written notification shall be given to
303	the affected employee within a reasonable time prior to any
304	subsequent screening and investigation.
305	(e)  The Dan Marino Foundation Florida Vocational College
306	may grant exemptions from disqualification as provided in s.
307	435.07, Florida Statutes.
308	(f)  The Dan Marino Foundation Florida Vocational College
309	may not use the criminal records, private investigator findings,
310	or information from reference checks obtained by the school
311	pursuant to this section for any purpose other than determining
312	whether a person meets the minimum standards for good moral
313	character for personnel employed by the school.
314	(g)  It is a misdemeanor of the first degree, punishable as
315	provided in s. 775.082 or s. 775.083, Florida Statutes, for any
316	person willfully, knowingly, or intentionally to:
317	1.  Fail, by false statement, misrepresentation,
318	impersonation, or other fraudulent means, to disclose in any
319	application for voluntary or paid employment a material fact
320	used in making a determination as to such person's
321	qualifications for a position of special trust.
322	2.  Use the criminal records, private investigator
323	findings, or information from reference checks obtained under
324	this section or information obtained from such records or
325	findings, or to release such information or records to any
326	person, for purposes other than screening for employment.
327	(8)  CAMPUS POLICE.-
328	(a)  The Board of Trustees for the Dan Marino Foundation
329	Florida Vocational College is permitted and empowered to employ
330	police officers for the school. Such officers must be designated
331	as the Dan Marino Foundation Florida Vocational College campus
332	police.
333	(b)  Each Dan Marino Foundation Florida Vocational College
334	campus police officer is a law enforcement officer of the state
335	and a conservator of the peace who has the authority to arrest,
336	in accordance with the laws of this state, any person for a
337	violation of state law or any applicable county or municipal
338	ordinance if that violation occurs on or in any property or
339	facility of the school. A campus police officer may also arrest
340	a person off campus for a violation committed on campus after a
341	hot pursuit of that person that began on campus. A campus police
342	officer shall have full authority to bear arms in the
343	performance of the officer's duties and carry out a search
344	pursuant to a search warrant on the campus. The Dan Marino
345	Foundation Florida Vocational College campus police, upon
346	request of the sheriff or local police authority, may serve
347	subpoenas or other legal process and may make arrests of persons
348	against whom arrest warrants have been issued or against whom
349	charges have been made for violations of federal or state laws
350	or county or municipal ordinances. Campus police officers may
351	enforce traffic laws within the boundaries of the campus in
352	accordance with chapter 316, Florida Statutes.
353	(c)  The campus police shall promptly deliver any person
354	arrested and charged with a felony to the sheriff of the county
355	in which the school is located and any person arrested and
356	charged with a misdemeanor to the applicable authority as
357	provided by law or to the sheriff of the county in which the
358	school is located.
359	(d)  The campus police must meet the minimum standards
360	established by the Criminal Justice Standards and Training
361	Commission of the Department of Law Enforcement and chapter 943,
362	Florida Statutes, for law enforcement officers. Each campus
363	police officer must, before entering into the performance of the
364	officer's duties, take the oath of office established by the
365	board of trustees. The board of trustees must provide a uniform
366	set of identifying credentials to each campus police officer it
367	employs.
368	(e)  In performance of any of the powers, duties, or
369	functions authorized by law, campus police have the same rights,
370	protections, and immunities afforded other law enforcement
371	officers.
372	(f)  The board of trustees shall adopt rules, including,
373	without limitation, rules for the appointment, employment, and
374	removal of campus police in accordance with the State Career
375	Service System and shall establish in writing a policy manual
376	that includes, without limitation, procedures for managing
377	routine law enforcement situations and emergency law enforcement
378	situations. The board of trustees shall furnish a copy of the
379	policy manual to each campus police officer it employs. A campus
380	police officer employed by the board of trustees must have
381	completed the training required by the school in the special
382	needs of and proper procedures for dealing with students served
383	by the school.
384	(9)  REPORT OF CAMPUS CRIME STATISTICS.-
385	(a)  The school shall prepare an annual report of
386	statistics of crimes committed on its campus and shall submit
387	the report to the board of trustees and the Commissioner of
388	Education. The data for the report may be taken from the annual
389	report of the Department of Law Enforcement. The board of
390	trustees shall prescribe the form for submission of the report.
391	(b)  The school shall prepare an annual report of
392	statistics of crimes committed on its campus for the preceding 3
393	years. The school shall give students and prospective students
394	notice that this report is available upon request.
395	Section 2.  Subsection (5) is added to section 1000.04,
396	Florida Statutes, to read:
397	1000.04  Components for the delivery of public education
398	within the Florida K-20 education system.-Florida's K-20
399	education system provides for the delivery of public education
400	through publicly supported and controlled K-12 schools,
401	community colleges, state universities and other postsecondary
402	educational institutions, other educational institutions, and
403	other educational services as provided or authorized by the
404	Constitution and laws of the state.
405	(5)  THE DAN MARINO FOUNDATION FLORIDA VOCATIONAL COLLEGE.-
406	The Dan Marino Foundation Florida Vocational College is a
407	component of the delivery of public education within Florida's
408	K-20 education system.
409	Section 3.  Paragraph (e) of subsection (4) of section
410	1001.20, Florida Statutes, is amended to read:
411	1001.20  Department under direction of state board.-
412	(4)  The Department of Education shall establish the
413	following offices within the Office of the Commissioner of
414	Education which shall coordinate their activities with all other
415	divisions and offices:
416	(e)  Office of Inspector General.-Organized using existing
417	resources and funds and responsible for promoting
418	accountability, efficiency, and effectiveness and detecting
419	fraud and abuse within school districts, the Florida School for
420	the Deaf and the Blind, the Dan Marino Foundation Florida
421	Vocational College, and community colleges in Florida. If the
422	Commissioner of Education determines that a district school
423	board, the Board of Trustees for the Florida School for the Deaf
424	and the Blind, the Board of Trustees for the Dan Marino
425	Foundation Florida Vocational College, or a community college
426	board of trustees is unwilling or unable to address
427	substantiated allegations made by any person relating to waste,
428	fraud, or financial mismanagement within the school district,
429	the Florida School for the Deaf and the Blind, the Dan Marino
430	Foundation Florida Vocational College, or the community college,
431	the office shall conduct, coordinate, or request investigations
432	into such substantiated allegations. The office shall have
433	access to all information and personnel necessary to perform its
434	duties and shall have all of its current powers, duties, and
435	responsibilities authorized in s. 20.055.
436	Section 4.  This act shall take effect July 1, 2011.

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