Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1386
       
       
       
       
       
       
                                Ì759490>Î759490                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2023           .                                
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       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         1011.58Procedure 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         1011.59Florida 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, and the 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, and
  276  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