Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 1386 Ì759490>Î759490 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/21/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 99 - 399 4 and insert: 5 (b) To assist in the recruitment of students, the Florida 6 School for Competitive Academics must be included in the school 7 choice online portal established in s. 1001.10(10). The portal 8 must include information about the opportunity for parents to 9 submit their child’s educational records to the Florida School 10 for Competitive Academics for consideration for admission. 11 (3) BOARD OF TRUSTEES.— 12 (a)1. The Florida School for Competitive Academics shall be 13 governed by a board of trustees composed of seven members 14 appointed by the Governor to 4-year terms and confirmed by the 15 Senate. For purposes of staggering terms, four members, 16 including the chair as designated by the Governor, shall be 17 appointed to 4-year terms beginning July 1, 2023, and three 18 members shall be appointed to 2-year terms beginning July 1, 19 2023. After the initial 4-year term, the chair shall be elected 20 by the board. 21 2. No more than one employee of the school may serve on the 22 board of trustees as a member or as chairman. 23 (b) Members of the board of trustees shall serve without 24 compensation, but may be reimbursed for per diem and travel 25 expenses pursuant to s. 112.061. 26 (c) The board of trustees is a public agency entitled to 27 sovereign immunity pursuant to s. 768.28, and board members are 28 public officers who bear fiduciary responsibility for the 29 Florida School for Competitive Academics. 30 (d) The board of trustees is a body corporate with all the 31 powers of a body corporate and with such authority as is needed 32 for the proper operation and improvement of the Florida School 33 for Competitive Academics. Title to any gift, donation, or 34 bequest received by the board of trustees must vest in the board 35 of trustees. Title to all other property and other assets of the 36 Florida School for Competitive Academics must vest in the State 37 Board of Education, but the board of trustees has complete 38 jurisdiction over the management of the school. 39 (e) The board of trustees has the full power and authority 40 to: 41 1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to 42 implement provisions of law relating to operation of the Florida 43 School for Competitive Academics. Such rules must be submitted 44 to the State Board of Education for approval or disapproval. 45 After a rule is approved by the State Board of Education, the 46 rule must be filed immediately with the Department of State. The 47 board of trustees shall act at all times in conjunction with the 48 rules of the State Board of Education. 49 2. Appoint a principal, administrators, teachers, and other 50 employees. 51 3. Remove principals, administrators, teachers, and other 52 employees at the board’s discretion. 53 4. Determine eligibility of students and procedures for 54 admission. 55 5. Provide for the proper keeping of accounts and records 56 and for budgeting of funds. 57 6. Receive gifts, donations, and bequests of money or 58 property, real or personal, tangible or intangible, from any 59 person, firm, corporation, or other legal entity for the use and 60 benefit of the school. 61 7. Recommend to the Legislature for the school to become a 62 residential public school. 63 8. Do and perform every other matter or thing requisite to 64 the proper management, maintenance, support, and control of the 65 school at the highest efficiency economically possible. 66 (f) The board of trustees shall: 67 1. Prepare and submit legislative budget requests for 68 operations and fixed capital outlay, in accordance with chapter 69 216 and ss. 1011.56 and 1013.60, to the Department of Education 70 for review and approval. The department shall analyze the amount 71 requested for fixed capital outlay to determine if the request 72 is consistent with the school’s campus master plan, educational 73 plant survey, and facilities master plan. 74 2. Approve and administer an annual operating budget in 75 accordance with ss. 1011.56 and 1011.57. 76 3. Require all purchases to be in accordance with chapter 77 287 except for purchases made with funds received as gifts, 78 donations, or bequests or funds raised by or belonging to 79 student clubs or student organizations. 80 4. Administer and maintain personnel programs for all 81 employees of the board of trustees and the Florida School for 82 Competitive Academics, who shall be school employees, including 83 the personnel. 84 5. Ensure that the Florida School for Competitive Academics 85 complies with s. 1013.351 concerning the coordination of 86 planning between the Florida School for Competitive Academics 87 and local governing bodies. 88 6. Ensure that the Florida School for Competitive Academics 89 complies with s. 112.061 concerning per diem and travel 90 expenses. 91 7. Adopt a master plan that specifies the objectives of the 92 Florida School for Competitive Academics. The plan must be for a 93 period of 5 years and must be reviewed for needed modifications 94 every 2 years. The board of trustees shall submit the initial 95 plan and subsequent modifications to the President of the Senate 96 and the Speaker of the House of Representatives. 97 (4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees 98 shall provide for the content and custody of student and 99 employee personnel records. Student records are subject to s. 100 1002.22. Employee records are subject to s. 1012.31. 101 (5) PERSONNEL.— 102 (a) The Florida School for Competitive Academics Board of 103 Trustees shall require all employees and applicants for 104 employment to undergo background screening as provided in s. 105 1012.32 as a condition of employment and continued employment. 106 Members of the board of trustees must also undergo background 107 screening in accordance with the relevant provisions of s. 108 1012.32. An individual may not be employed as an employee or as 109 contract personnel of the school or serve as a member of the 110 board of trustees if the individual is on the disqualification 111 list maintained by the department pursuant to s. 1001.10(4)(b). 112 (b) In accordance with law and rules of the State Board of 113 Education, the board of trustees shall administer and maintain 114 personnel programs for all employees of the board of trustees 115 and the Florida School for Competitive Academics. The board of 116 trustees may adopt rules, policies, and procedures related to 117 the appointment, employment, and removal of personnel. 118 1. The board of trustees shall determine the compensation, 119 including salaries and fringe benefits, and other conditions of 120 employment for such personnel. 121 2. Classroom teachers employed by the school must be 122 certified pursuant to chapter 1012. 123 3. Each person employed by the board of trustees in an 124 academic administrative or instructional capacity with the 125 Florida School for Competitive Academics is entitled to a 126 contract as provided by rules of the board of trustees. 127 4. All employees except temporary, seasonal, and student 128 employees may be provided Florida Retirement System benefits 129 from the school through operational costs. 130 (6) FUNDING.— 131 (a) The Florida School for Competitive Academics shall 132 receive state funds for operating purposes as provided in the 133 General Appropriations Act. 134 (b) In addition to the funds provided in the General 135 Appropriations Act, the Florida School for Competitive Academics 136 may receive other funds from grants and donations. 137 (7) AUDITS.—The Auditor General shall conduct audits of the 138 accounts and records of the Florida School for Competitive 139 Academics as provided in s. 11.45. The Department of Education’s 140 Inspector General is authorized to conduct investigations at the 141 school as provided in s. 1001.20(4)(e). 142 (8) EXEMPTION FROM STATUTES.— 143 (a) The Florida School for Competitive Academics is exempt 144 from all statutes in chapters 1000-1013. However, the Florida 145 School for Competitive Academics shall be in compliance with the 146 following statutes in chapters 1000-1013: 147 1. This section. 148 2. Those statutes pertaining to the student assessment 149 program and school grading system. 150 3. Those statutes pertaining to the provision of services 151 to students with disabilities. 152 4. Those statutes pertaining to civil rights, including, 153 but not limited to, s. 1000.05, relating to discrimination. 154 5. Those statutes pertaining to student health, safety, and 155 welfare. 156 (b) Additionally, the Florida School for Competitive 157 Academics shall be in compliance with the following statutes: 158 1. Section 286.011, relating to public meetings and 159 records, public inspection, and criminal and civil penalties. 160 2. Chapter 119, relating to public records. 161 3. Section 1006.12, relating to safe-school officers. 162 4. Section 1006.07(7), relating to threat assessment teams. 163 5. Section 1006.07(9), relating to school environmental 164 safety incident reporting. 165 6. Section 1006.07(10), relating to reporting of 166 involuntary examinations. 167 7. Section 1006.1493, relating to the Florida Safe Schools 168 Assessment Tool. 169 8. Section 1006.07(6)(d), relating to adopting active 170 assailant response plans. 171 9. Section 943.082(4)(b), relating to the mobile suspicious 172 activity reporting tool. 173 10. Section 1012.584, relating to youth mental health 174 awareness and assistance training. 175 11. Section 1003.4282, relating to requirements for a 176 standard high school diploma. 177 12. Section 1003.03(1), relating to class size maximums. 178 13.a. Section 1011.61, relating to instructional hours 179 requirements. 180 b. Notwithstanding sub-subparagraph a., the school may 181 provide instruction that exceeds the minimum time requirements 182 for the purposes of offering a summer program. 183 (c) For purposes of this subsection: 184 1. The duties assigned to a district school superintendent 185 apply to the director of the Florida School for Competitive 186 Academics. 187 2. The duties assigned to a district school board apply to 188 the board of trustees. 189 Section 3. Section 1011.58, Florida Statutes, is created to 190 read: 191 1011.58 Procedure for legislative budget requests for the 192 Florida School for Competitive Academics.— 193 (1)(a) The legislative budget request of the Florida School 194 for Competitive Academics established in s. 1002.351 must be 195 prepared using the same format, procedures, and timelines 196 required for the submission of the legislative budget of the 197 Department of Education. 198 (b) The Florida School for Competitive Academics shall 199 submit its legislative budget request to the Department of 200 Education for review and approval. The school must create and 201 submit to the department an implementation plan before the 202 department may approve the budget request. 203 (c) Subsequent to the Department of Education’s approval, 204 the Commissioner of Education shall include the Florida School 205 for Competitive Academics in the department’s legislative budget 206 request to the State Board of Education, the Governor, and the 207 Legislature. The legislative budget request and the 208 appropriation for the Florida School for Competitive Academics 209 must be a separate identifiable sum in the public schools budget 210 entity of the Department of Education. 211 (d) The annual appropriation for the school shall be 212 distributed monthly, without using the Florida Education Finance 213 Program, in payments as nearly equal as possible. Appropriations 214 for textbooks, instructional technology, and school buses may be 215 released and distributed as necessary to serve the instructional 216 program for the students. 217 (2) The school shall submit its fixed capital outlay 218 request to the Department of Education for review and approval 219 in accordance with s. 1002.36(4)(f)1. Subsequent to the 220 department’s approval, the school’s request must be included 221 within the department’s public education capital outlay 222 legislative budget request. 223 Section 4. Section 1011.59, Florida Statutes, is created to 224 read: 225 1011.59 Florida School for Competitive Academics; board of 226 trustees; management flexibility.— 227 (1) Notwithstanding ss. 216.031, 216.181, and 216.262 to 228 the contrary and pursuant to s. 216.351, but subject to any 229 guidelines imposed in the General Appropriations Act, funds for 230 the operation of the Florida School for Competitive Academics 231 must be requested and appropriated within budget entities, 232 program components, program categories, lump sums, or special 233 categories. Funds appropriated to the Florida School for 234 Competitive Academics for each program category, lump sum, or 235 special category may be transferred to traditional categories 236 for expenditure by the board of trustees of the school. The 237 board of trustees shall develop an annual operating budget that 238 allocates funds by program component and traditional expenditure 239 category. 240 (2) Notwithstanding s. 216.181 and pursuant to s. 216.351, 241 but subject to any requirements imposed in the General 242 Appropriations Act, a lump-sum plan is not required to implement 243 the special categories, program categories, or lump-sum 244 appropriations. Upon release of the special categories, program 245 categories, or lump-sum appropriations to the board of trustees, 246 the Chief Financial Officer shall, upon the request of the board 247 of trustees, transfer or reallocate funds to or among accounts 248 established for disbursement purposes. The board of trustees 249 shall maintain records to account for the original 250 appropriation. 251 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and 252 216.262 to the contrary and pursuant to s. 216.351, but subject 253 to any requirements imposed in the General Appropriations Act, 254 the board of trustees shall establish the authorized positions 255 and may amend such positions within the total funds authorized 256 annually in the appropriations act. 257 (4) Notwithstanding s. 216.301 to the contrary, all 258 unexpended funds appropriated for the Florida School for 259 Competitive Academics must be carried forward and included as 260 the balance forward for that fund in the approved operating 261 budget for the following year. 262 Section 5. Paragraphs (d) and (f) of subsection (2) of 263 section 11.45, Florida Statutes, are amended to read: 264 11.45 Definitions; duties; authorities; reports; rules.— 265 (2) DUTIES.—The Auditor General shall: 266 (d) Annually conduct financial audits of the accounts and 267 records of all district school boards in counties with 268 populations of fewer than 150,000, according to the most recent 269 federal decennial statewide census,andthe Florida School for 270 the Deaf and the Blind, and the Florida School for Competitive 271 Academics. 272 (f) At least every 3 years, conduct operational audits of 273 the accounts and records of state agencies, state universities, 274 state colleges, district school boards, the Florida Clerks of 275 Court Operations Corporation, water management districts,and276 the Florida School for the Deaf and the Blind, and the Florida 277 School for Competitive Academics. 278 279 The Auditor General shall perform his or her duties 280 independently but under the general policies established by the 281 Legislative Auditing Committee. This subsection does not limit 282 the Auditor General’s discretionary authority to conduct other 283 audits or engagements of governmental entities as authorized in 284 subsection (3). 285 286 ================= T I T L E A M E N D M E N T ================ 287 And the title is amended as follows: 288 Delete lines 10 - 51 289 and insert: 290 the school; requiring that the school be included in 291 the school choice online portal and that the portal 292 include information to assist parents who wish their 293 children to considered for admission; providing for 294 the appointment of the board of trustees; prescribing 295 the powers and duties of the board of trustees; 296 providing sovereign immunity to the board of trustees; 297 specifying the board’s duties regarding the 298 maintenance of student and employee records; providing 299 requirements regarding background screening of school 300 personnel; specifying duties of the board regarding 301 personnel; providing for funding of the school; 302 requiring the Auditor General to conduct audits of the 303 school; authorizing the Department of Education’s 304 Office of Inspector General to conduct investigations, 305 as appropriate; exempting the school from specified 306 requirements in the Florida Early Learning-20 307 Education Code; providing exceptions; specifying 308 applicability of certain provisions of law; creating 309 s. 1011.58, F.S.; prescribing procedures for the 310 school’s submittal of legislative budget requests; 311 requiring the school to submit an implementation plan 312 to the Department of Education; requiring the 313 Commissioner of Education to include the school in the 314 department’s legislative budget request, subject to 315 specified conditions; requiring the school to submit 316 its fixed capital outlay request to the department; 317 creating s. 1011.59, F.S.; prescribing procedures and 318 requirements governing the request and the 319 appropriation of funds for the operation of the 320 school; requiring the board to develop an annual 321 operating budget; requiring the Chief Financial 322 Officer to transfer or reallocate funds if certain 323 conditions are met; requiring the board to establish 324 authorized positions within funds appropriated to the 325 school; requiring the carry forward of any unexpended 326 funds; amending s. 11.45, F.S.; revising the duties of 327 the Auditor General to conform to changes made by the 328 act; amending s. 216.251, F.S.; specifying