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 1002.351 The 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 1011.58 Procedure 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 1011.59 Florida 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.