Florida Senate - 2023                                    SB 1386
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01505B-23                                           20231386__
    1                        A bill to be entitled                      
    2         An act relating to the Florida School for Competitive
    3         Academics; amending s. 1000.04, F.S.; revising the
    4         components of the delivery of public education within
    5         the Florida Early Learning-20 education system to
    6         include the Florida School for Competitive Academics;
    7         creating s. 1002.351, F.S.; providing for the
    8         establishment of the Florida School for Competitive
    9         Academics; providing for the purpose and mission of
   10         the school; requiring the Commissioner of Education to
   11         ensure eligible students are informed of the school;
   12         providing for the appointment of the board of
   13         trustees; prescribing the powers and duties of the
   14         board of trustees; providing sovereign immunity to the
   15         board of trustees; specifying the board’s duties
   16         regarding the maintenance of student and employee
   17         records; providing requirements regarding background
   18         screening of school personnel; specifying duties of
   19         the board regarding personnel; providing for funding
   20         of the school; requiring the Auditor General to
   21         conduct audits of the school; authorizing the
   22         Department of Education’s Office of Inspector General
   23         to conduct investigations, as appropriate; exempting
   24         the school from specified requirements in the Florida
   25         Early Learning-20 Education Code; providing
   26         exceptions; specifying applicability of certain
   27         provisions of law; creating s. 1011.58, F.S.;
   28         prescribing procedures for the school’s submittal of
   29         legislative budget requests; requiring the school to
   30         submit an implementation plan to the Department of
   31         Education; requiring the Commissioner of Education to
   32         include the school in the department’s legislative
   33         budget request, subject to specified conditions;
   34         requiring the school to submit its fixed capital
   35         outlay request to the department; creating s. 1011.59,
   36         F.S.; prescribing procedures and requirements
   37         governing the request and the appropriation of funds
   38         for the operation of the school; requiring the board
   39         to develop an annual operating budget; requiring the
   40         Chief Financial Officer to transfer or reallocate
   41         funds if certain conditions are met; requiring the
   42         board to establish authorized positions within funds
   43         appropriated to the school; providing for the carry
   44         forward of any unexpended funds; providing that the
   45         board of trustees may expend, reserve, or carry
   46         forward of certain balances for fixed capital outlay
   47         projects; amending s. 11.45, F.S.; revising the duties
   48         of the Auditor General to conform to changes made by
   49         the act; amending s. 110.205, F.S.; exempting school
   50         personnel from provisions governing the state career
   51         service system; amending s. 216.251, F.S.; specifying
   52         the manner of setting salaries for positions within
   53         the school; amending s. 447.203, F.S.; revising the
   54         definition of the terms “public employer” or
   55         “employer” to include the school for purposes of part
   56         II of ch. 447, F.S.; making technical changes;
   57         amending s. 1001.20, F.S.; revising the powers of the
   58         department’s Office of Inspector General to conform to
   59         changes made by the act; providing a directive to the
   60         Division of Law Revision; providing an effective date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsection (6) is added to section 1000.04,
   65  Florida Statutes, to read:
   66         1000.04 Components for the delivery of public education
   67  within the Florida Early Learning-20 education system.—Florida’s
   68  Early Learning-20 education system provides for the delivery of
   69  early learning and public education through publicly supported
   70  and controlled K-12 schools, Florida College System
   71  institutions, state universities and other postsecondary
   72  educational institutions, other educational institutions, and
   73  other educational services as provided or authorized by the
   74  Constitution and laws of the state.
   75         (6)THE FLORIDA SCHOOL FOR COMPETITIVE ACADEMICS.—The
   76  Florida School for Competitive Academics is a component of the
   77  delivery of public education within Florida’s Early Learning-20
   78  education system.
   79         Section 2. Section 1002.351, Florida Statutes, is created
   80  to read:
   81         1002.351The Florida School for Competitive Academics.—
   82         (1) ESTABLISHMENT.—There is established the Florida School
   83  for Competitive Academics. The school shall be located in
   84  Alachua County and is a state-supported public school for
   85  Florida residents in grades 6-12. The primary purpose of the
   86  school is to provide a rigorous academic curriculum, and the
   87  secondary purpose is to prepare students for regional, state,
   88  and national academic competitions in all areas of study,
   89  including, but not limited to, science, technology, engineering,
   90  and mathematics. The school may admit students in grades 6-12
   91  beginning in the 2024-2025 school year.
   92         (2) MISSION.—
   93         (a)The mission of the Florida School for Competitive
   94  Academics is to provide students who meet selective admissions
   95  requirements an environment that will foster high academic
   96  engagement and advanced understanding of subject areas, develop
   97  productive work habits, build resiliency, connect students with
   98  industry leaders, and promote civic leadership.
   99         (b)To assist in the recruitment of students, the
  100  Commissioner of Education shall ensure all eligible students are
  101  informed of the Florida School for Competitive Academics. The
  102  commissioner shall inform parents of public school students that
  103  they may provide their child’s student records to the Florida
  104  School for Competitive Academics Board of Trustees for
  105  recruitment purposes.
  106         (3) BOARD OF TRUSTEES.—
  107         (a)1. The Florida School for Competitive Academics shall be
  108  governed by a board of trustees composed of seven members
  109  appointed by the Governor to 4-year terms and confirmed by the
  110  Senate. For purposes of staggering terms, four members,
  111  including the chair as designated by the Governor, shall be
  112  appointed to 4-year terms beginning July 1, 2023, and three
  113  members shall be appointed to 2-year terms beginning July 1,
  114  2023. After the initial 4-year term, the chair shall be elected
  115  by the board.
  116         2. No more than one employee of the school may serve on the
  117  board of trustees as a member or as chairman.
  118         (b) Members of the board of trustees shall serve without
  119  compensation, but may be reimbursed for per diem and travel
  120  expenses pursuant to s. 112.061.
  121         (c) The board of trustees is a public agency entitled to
  122  sovereign immunity pursuant to s. 768.28, and board members are
  123  public officers who bear fiduciary responsibility for the
  124  Florida School for Competitive Academics.
  125         (d) The board of trustees is a body corporate with all the
  126  powers of a body corporate, and such authority as is needed for
  127  the proper operation and improvement of the Florida School for
  128  Competitive Academics. Title to any gift, donation, or bequest
  129  received by the board of trustees must vest in the board of
  130  trustees. Title to all other property and other assets of the
  131  Florida School for Competitive Academics must vest in the State
  132  Board of Education, but the board of trustees has complete
  133  jurisdiction over the management of the school.
  134         (e) The board of trustees has the full power and authority
  135  to:
  136         1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  137  implement provisions of law relating to operation of the Florida
  138  School for Competitive Academics. Such rules must be submitted
  139  to the State Board of Education for approval or disapproval.
  140  After a rule is approved by the State Board of Education, the
  141  rule must be filed immediately with the Department of State. The
  142  board of trustees shall act at all times in conjunction with the
  143  rules of the State Board of Education.
  144         2. Appoint a principal, administrators, teachers, and other
  145  employees.
  146         3. Remove principals, administrators, teachers, and other
  147  employees at the board’s discretion.
  148         4. Determine eligibility of students and procedures for
  149  admission.
  150         5. Provide for the proper keeping of accounts and records
  151  and for budgeting of funds.
  152         6. Receive gifts, donations, and bequests of money or
  153  property, real or personal, tangible or intangible, from any
  154  person, firm, corporation, or other legal entity for the use and
  155  benefit of the school.
  156         7.Recommend to the Legislature for the school to become a
  157  residential public school.
  158         8. Do and perform every other matter or thing requisite to
  159  the proper management, maintenance, support, and control of the
  160  school at the highest efficiency economically possible.
  161         9. Allow the school to have a stand-alone law enforcement
  162  agency.
  163         10. After receiving approval from the Administration
  164  Commission, exercise the power of eminent domain in the manner
  165  provided in chapter 73 or chapter 74.
  166         (f) The board of trustees shall:
  167         1. Prepare and submit legislative budget requests for
  168  operations and fixed capital outlay, in accordance with chapter
  169  216 and ss. 1011.56 and 1013.60, to the Department of Education
  170  for review and approval. The department must analyze the amount
  171  requested for fixed capital outlay to determine if the request
  172  is consistent with the school’s campus master plan, educational
  173  plant survey, and facilities master plan.
  174         2. Approve and administer an annual operating budget in
  175  accordance with ss. 1011.56 and 1011.57.
  176         3. Require all purchases to be in accordance with chapter
  177  287 except for purchases made with funds received as gifts,
  178  donations, or bequests or funds raised by or belonging to
  179  student clubs or student organizations.
  180         4. Administer and maintain personnel programs for all
  181  employees of the board of trustees and the Florida School for
  182  Competitive Academics, who shall be school employees, including
  183  the personnel.
  184         5. Ensure that the Florida School for Competitive Academics
  185  complies with s. 1013.351 concerning the coordination of
  186  planning between the Florida School for Competitive Academics
  187  and local governing bodies.
  188         6. Ensure that the Florida School for Competitive Academics
  189  complies with s. 112.061 concerning per diem and travel
  190  expenses.
  191         7. Adopt a master plan that specifies the objectives of the
  192  Florida School for Competitive Academics. The plan must be for a
  193  period of 5 years and must be reviewed for needed modifications
  194  every 2 years. The board of trustees shall submit the initial
  195  plan and subsequent modifications to the President of the Senate
  196  and the Speaker of the House of Representatives.
  197         (4)STUDENT AND EMPLOYEE RECORDS.—The board of trustees
  198  shall provide for the content and custody of student and
  199  employee personnel records. Student records are subject to s.
  200  1002.22. Employee records are subject to s. 1012.31.
  201         (5)PERSONNEL.—
  202         (a) The Florida School for Competitive Academics Board of
  203  Trustees shall require all employees and applicants for
  204  employment to undergo background screening as provided in s.
  205  1012.32 as a condition of employment and continued employment.
  206  Members of the board of trustees must also undergo background
  207  screening in accordance with the relevant provisions of s.
  208  1012.32. An individual may not be employed as an employee or
  209  contract personnel of the school or serve as a member of the
  210  board of trustees if the individual is on the disqualification
  211  list maintained by the department pursuant to s. 1001.10(4)(b).
  212         (b) In accordance with law and rules of the State Board of
  213  Education, the board of trustees shall administer and maintain
  214  personnel programs for all employees of the board of trustees
  215  and the Florida School for Competitive Academics. The board of
  216  trustees may adopt rules, policies, and procedures related to
  217  the appointment, employment, and removal of personnel.
  218         1. The board of trustees shall determine the compensation,
  219  including salaries and fringe benefits, and other conditions of
  220  employment for such personnel.
  221         2. Classroom teachers employed by the school must be
  222  certified pursuant to chapter 1012.
  223         3. Each person employed by the board of trustees in an
  224  academic administrative or instructional capacity with the
  225  Florida School for Competitive Academics is entitled to a
  226  contract as provided by rules of the board of trustees.
  227         4. All employees except temporary, seasonal, and student
  228  employees may be provided Florida Retirement System benefits
  229  from the school through operational costs.
  230         (6)FUNDING.—
  231         (a) The Florida School for Competitive Academics shall
  232  receive state funds for operating purposes as provided in the
  233  General Appropriations Act.
  234         (b) In addition to the funds provided in the General
  235  Appropriations Act, the Florida School for Competitive Academics
  236  may receive other funds from grants and donations.
  237         (7)AUDITS.—The Auditor General shall conduct audits of the
  238  accounts and records of the Florida School for Competitive
  239  Academics as provided in s. 11.45. The Department of Education’s
  240  Inspector General is authorized to conduct investigations at the
  241  school as provided in s. 1001.20(4)(e).
  242         (8) EXEMPTION FROM STATUTES.—
  243         (a)The Florida School for Competitive Academics is exempt
  244  from all statutes in chapters 1000-1013. However, the Florida
  245  School for Competitive Academics shall be in compliance with the
  246  following statutes in chapters 1000-1013:
  247         1. This section.
  248         2. Those statutes pertaining to the student assessment
  249  program and school grading system.
  250         3. Those statutes pertaining to the provision of services
  251  to students with disabilities.
  252         4. Those statutes pertaining to civil rights, including,
  253  but not limited to, s. 1000.05, relating to discrimination.
  254         5. Those statutes pertaining to student health, safety, and
  255  welfare.
  256         (b) Additionally, the Florida School for Competitive
  257  Academics shall be in compliance with the following statutes:
  258         1. Section 286.011, relating to public meetings and
  259  records, public inspection, and criminal and civil penalties.
  260         2. Chapter 119, relating to public records.
  261         3. Section 1006.12, relating to safe-school officers.
  262         4. Section 1006.07(7), relating to threat assessment teams.
  263         5. Section 1006.07(9), relating to school environmental
  264  safety incident reporting.
  265         6. Section 1006.07(10), relating to reporting of
  266  involuntary examinations.
  267         7. Section 1006.1493, relating to the Florida Safe Schools
  268  Assessment Tool.
  269         8. Section 1006.07(6)(d), relating to adopting active
  270  assailant response plans.
  271         9. Section 943.082(4)(b), relating to the mobile suspicious
  272  activity reporting tool.
  273         10. Section 1012.584, relating to youth mental health
  274  awareness and assistance training.
  275         11. Section 1003.4282, relating to requirements for a
  276  standard high school diploma.
  277         12. Section 1003.03(1), relating to class size maximums.
  278         13.a.Section 1011.61, relating to instructional hours
  279  requirements.
  280         b. Notwithstanding sub-subparagraph a., the school may
  281  provide instruction that exceeds the minimum time requirements
  282  for the purposes of offering a summer program.
  283         (c) For purposes of this subsection:
  284         1. The duties assigned to a district school superintendent
  285  apply to the director of the Florida School for Competitive
  286  Academics.
  287         2. The duties assigned to a district school board apply to
  288  the board of trustees.
  289         Section 3. Section 1011.58, Florida Statutes, is created to
  290  read:
  291         1011.58Procedure for legislative budget requests for the
  292  Florida School for Competitive Academics.—
  293         (1)(a) The legislative budget request of the Florida School
  294  for Competitive Academics established in s. 1002.351 must be
  295  prepared using the same format, procedures, and timelines
  296  required for the submission of the legislative budget of the
  297  Department of Education.
  298         (b) The Florida School for Competitive Academics shall
  299  submit its legislative budget request to the Department of
  300  Education for review and approval. The school must create and
  301  submit to the department an implementation plan before the
  302  department may approve the budget request.
  303         (c) Subsequent to the Department of Education’s approval,
  304  the Commissioner of Education shall include the Florida School
  305  for Competitive Academics in the department’s legislative budget
  306  request to the State Board of Education, the Governor, and the
  307  Legislature. The legislative budget request and the
  308  appropriation for the Florida School for Competitive Academics
  309  must be a separate identifiable sum in the public schools budget
  310  entity of the Department of Education.
  311         (d) The annual appropriation for the school shall be
  312  distributed monthly, without using the Florida Education Finance
  313  Program, in payments as nearly equal as possible. Appropriations
  314  for textbooks, instructional technology, and school buses may be
  315  released and distributed as necessary to serve the instructional
  316  program for the students.
  317         (2) The school shall submit its fixed capital outlay
  318  request to the Department of Education for review and approval
  319  in accordance with s. 1002.36(4)(f)1. Subsequent to the
  320  department’s approval, the school’s request must be included
  321  within the department’s public education capital outlay
  322  legislative budget request.
  323         Section 4. Section 1011.59, Florida Statutes, is created to
  324  read:
  325         1011.59Florida School for Competitive Academics; board of
  326  trustees; management flexibility.—
  327         (1) Notwithstanding ss. 216.031, 216.181, and 216.262 to
  328  the contrary and pursuant s. 216.351, but subject to any
  329  guidelines imposed in the General Appropriations Act, funds for
  330  the operation of the Florida School for Competitive Academics
  331  shall be requested and appropriated within budget entities,
  332  program components, program categories, lump sums, or special
  333  categories. Funds appropriated to the Florida School for
  334  Competitive Academics for each program category, lump sum, or
  335  special category may be transferred to traditional categories
  336  for expenditure by the board of trustees of the school. The
  337  board of trustees shall develop an annual operating budget that
  338  allocates funds by program component and traditional expenditure
  339  category.
  340         (2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
  341  but subject to any requirements imposed in the General
  342  Appropriations Act, a lump-sum plan is not required to implement
  343  the special categories, program categories, or lump-sum
  344  appropriations. Upon release of the special categories, program
  345  categories, or lump-sum appropriations to the board of trustees,
  346  the Chief Financial Officer shall, upon the request of the board
  347  of trustees, transfer or reallocate funds to or among accounts
  348  established for disbursement purposes. The board of trustees
  349  shall maintain records to account for the original
  350  appropriation.
  351         (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
  352  216.262 to the contrary and pursuant to s. 216.351, but subject
  353  to any requirements imposed in the General Appropriations Act,
  354  the board of trustees shall establish the authorized positions
  355  and may amend such positions within the total funds authorized
  356  annually in the appropriations act.
  357         (4)(a) Notwithstanding s. 216.301 to the contrary, all
  358  unexpended funds appropriated for the Florida School for
  359  Competitive Academics shall be carried forward and included as
  360  the balance forward for that fund in the approved operating
  361  budget for the following year.
  362         (b) Notwithstanding any other law, for the 2023-2024
  363  through 2027-2028 fiscal years, the school’s board of trustees
  364  may expend, reserve, or carry forward balances from prior year
  365  operational and programmatic appropriations for fixed capital
  366  outlay projects needed for the establishment of this school.
  367         Section 5. Paragraphs (d) and (f) of subsection (2) of
  368  section 11.45, Florida Statutes, are amended to read:
  369         11.45 Definitions; duties; authorities; reports; rules.—
  370         (2) DUTIES.—The Auditor General shall:
  371         (d) Annually conduct financial audits of the accounts and
  372  records of all district school boards in counties with
  373  populations of fewer than 150,000, according to the most recent
  374  federal decennial statewide census, and the Florida School for
  375  the Deaf and the Blind, and the Florida School for Competitive
  376  Academics.
  377         (f) At least every 3 years, conduct operational audits of
  378  the accounts and records of state agencies, state universities,
  379  state colleges, district school boards, the Florida Clerks of
  380  Court Operations Corporation, water management districts, and
  381  the Florida School for the Deaf and the Blind, and the Florida
  382  School for Competitive Academics.
  383  
  384  The Auditor General shall perform his or her duties
  385  independently but under the general policies established by the
  386  Legislative Auditing Committee. This subsection does not limit
  387  the Auditor General’s discretionary authority to conduct other
  388  audits or engagements of governmental entities as authorized in
  389  subsection (3).
  390         Section 6. Paragraph (d) of subsection (2) of section
  391  110.205, Florida Statutes, is amended to read:
  392         110.205 Career service; exemptions.—
  393         (2) EXEMPT POSITIONS.—The exempt positions that are not
  394  covered by this part include the following:
  395         (d) All officers and employees of the state universities
  396  and the academic personnel and academic administrative personnel
  397  of the Florida School for the Deaf and the Blind and the Florida
  398  School for Competitive Academics. In accordance with the
  399  provisions of s. 1002.36, the salaries for academic personnel
  400  and academic administrative personnel of the Florida School for
  401  the Deaf and the Blind and the Florida School for Competitive
  402  Academics shall be set by the board of trustees for the
  403  respective schools school, subject only to the approval of the
  404  State Board of Education.
  405         Section 7. Paragraph (a) of subsection (2) of section
  406  216.251, Florida Statutes, is amended to read:
  407         216.251 Salary appropriations; limitations.—
  408         (2)(a) The salary for each position not specifically
  409  indicated in the appropriations acts shall be as provided in one
  410  of the following subparagraphs:
  411         1. Within the classification and pay plans provided for in
  412  chapter 110.
  413         2. Within the classification and pay plans established by
  414  the Board of Trustees for the Florida School for the Deaf and
  415  the Blind of the Department of Education and approved by the
  416  State Board of Education for academic and academic
  417  administrative personnel.
  418         3. Within the classification and pay plan approved and
  419  administered by the Board of Governors or the designee of the
  420  board for those positions in the State University System.
  421         4. Within the classification and pay plan approved by the
  422  President of the Senate and the Speaker of the House of
  423  Representatives, as the case may be, for employees of the
  424  Legislature.
  425         5. Within the approved classification and pay plan for the
  426  judicial branch.
  427         6. Within the classification and pay plans established by
  428  the Board of Trustees for the Florida School for Competitive
  429  Academics of the Department of Education and approved by the
  430  State Board of Education for academic and academic
  431  administrative personnel.
  432         Section 8. Subsection (2) of section 447.203, Florida
  433  Statutes, is amended to read:
  434         447.203 Definitions.—As used in this part:
  435         (2) “Public employer” or “employer” means the state or any
  436  county, municipality, or special district or any subdivision or
  437  agency thereof which the commission determines has sufficient
  438  legal distinctiveness properly to carry out the functions of a
  439  public employer. With respect to all public employees determined
  440  by the commission as properly belonging to a statewide
  441  bargaining unit composed of State Career Service System
  442  employees or Selected Professional Service employees, the
  443  Governor is shall be deemed to be the public employer; and the
  444  Board of Governors of the State University System, or the
  445  board’s designee, is shall be deemed to be the public employer
  446  with respect to all public employees of each constituent state
  447  university. The board of trustees of a community college is
  448  shall be deemed to be the public employer with respect to all
  449  employees of the community college. The district school board is
  450  shall be deemed to be the public employer with respect to all
  451  employees of the school district. The Board of Trustees of the
  452  Florida School for the Deaf and the Blind is shall be deemed to
  453  be the public employer with respect to the academic and academic
  454  administrative personnel of the Florida School for the Deaf and
  455  the Blind. The Board of Trustees of the Florida School for
  456  Competitive Academics is deemed to be the public employer with
  457  respect to the academic and academic administrative personnel of
  458  the Florida School for Competitive Academics. The Governor is
  459  shall be deemed to be the public employer with respect to all
  460  employees in the Correctional Education Program of the
  461  Department of Corrections established pursuant to s. 944.801.
  462         Section 9. Paragraph (e) of subsection (4) of section
  463  1001.20, Florida Statutes, is amended to read:
  464         1001.20 Department under direction of state board.—
  465         (4) The Department of Education shall establish the
  466  following offices within the Office of the Commissioner of
  467  Education which shall coordinate their activities with all other
  468  divisions and offices:
  469         (e) Office of Inspector General.—Organized using existing
  470  resources and funds and responsible for promoting
  471  accountability, efficiency, and effectiveness and detecting
  472  fraud and abuse within school districts, the Florida School for
  473  the Deaf and the Blind, the Florida School for Competitive
  474  Academics, and Florida College System institutions in Florida.
  475  If the Commissioner of Education determines that a district
  476  school board, the Board of Trustees for the Florida School for
  477  the Deaf and the Blind, the Board of Trustees for the Florida
  478  School for Competitive Academics, or a Florida College System
  479  institution board of trustees is unwilling or unable to address
  480  substantiated allegations made by any person relating to waste,
  481  fraud, or financial mismanagement within the school district,
  482  the Florida School for the Deaf and the Blind, the Florida
  483  School for Competitive Academics, or the Florida College System
  484  institution, the office must shall conduct, coordinate, or
  485  request investigations into such substantiated allegations. The
  486  office shall investigate allegations or reports of possible
  487  fraud or abuse against a district school board made by any
  488  member of the Cabinet; the presiding officer of either house of
  489  the Legislature; a chair of a substantive or appropriations
  490  committee with jurisdiction; or a member of the board for which
  491  an investigation is sought. The office shall have access to all
  492  information and personnel necessary to perform its duties and
  493  shall have all of its current powers, duties, and
  494  responsibilities authorized in s. 20.055.
  495         Section 10. The Division of Law Revision is directed to
  496  revise the title of subpart D of part I of chapter 1011, Florida
  497  Statutes, consisting of ss. 1011.55-1011.59, Florida Statutes,
  498  to read “Florida School for the Deaf and the Blind and Florida
  499  School for Competitive Academics: Preparation, Adoption, and
  500  Implementation of Budgets” to conform to the amendments made by
  501  this act.
  502         Section 11. This act shall take effect July 1, 2023.