Florida Senate - 2023                             CS for SB 1386
       
       
        
       By the Appropriations Committee on Education; and Senators Perry
       and Collins
       
       
       
       
       602-03780-23                                          20231386c1
    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 each district school board 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, each district
  100  school board shall ensure all eligible students are informed of
  101  the Florida School for Competitive Academics. Each district
  102  school board 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 with such authority as is needed
  127  for the proper operation and improvement of the Florida School
  128  for Competitive Academics. Title to any gift, donation, or
  129  bequest received by the board of trustees must vest in the board
  130  of 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         (f) The board of trustees shall:
  162         1. Prepare and submit legislative budget requests for
  163  operations and fixed capital outlay, in accordance with chapter
  164  216 and ss. 1011.56 and 1013.60, to the Department of Education
  165  for review and approval. The department must analyze the amount
  166  requested for fixed capital outlay to determine if the request
  167  is consistent with the school’s campus master plan, educational
  168  plant survey, and facilities master plan.
  169         2. Approve and administer an annual operating budget in
  170  accordance with ss. 1011.56 and 1011.57.
  171         3. Require all purchases to be in accordance with chapter
  172  287 except for purchases made with funds received as gifts,
  173  donations, or bequests or funds raised by or belonging to
  174  student clubs or student organizations.
  175         4. Administer and maintain personnel programs for all
  176  employees of the board of trustees and the Florida School for
  177  Competitive Academics, who shall be school employees, including
  178  the personnel.
  179         5. Ensure that the Florida School for Competitive Academics
  180  complies with s. 1013.351 concerning the coordination of
  181  planning between the Florida School for Competitive Academics
  182  and local governing bodies.
  183         6. Ensure that the Florida School for Competitive Academics
  184  complies with s. 112.061 concerning per diem and travel
  185  expenses.
  186         7. Adopt a master plan that specifies the objectives of the
  187  Florida School for Competitive Academics. The plan must be for a
  188  period of 5 years and must be reviewed for needed modifications
  189  every 2 years. The board of trustees shall submit the initial
  190  plan and subsequent modifications to the President of the Senate
  191  and the Speaker of the House of Representatives.
  192         (4)STUDENT AND EMPLOYEE RECORDS.—The board of trustees
  193  shall provide for the content and custody of student and
  194  employee personnel records. Student records are subject to s.
  195  1002.22. Employee records are subject to s. 1012.31.
  196         (5)PERSONNEL.—
  197         (a) The Florida School for Competitive Academics Board of
  198  Trustees shall require all employees and applicants for
  199  employment to undergo background screening as provided in s.
  200  1012.32 as a condition of employment and continued employment.
  201  Members of the board of trustees must also undergo background
  202  screening in accordance with the relevant provisions of s.
  203  1012.32. An individual may not be employed as an employee or
  204  contract personnel of the school or serve as a member of the
  205  board of trustees if the individual is on the disqualification
  206  list maintained by the department pursuant to s. 1001.10(4)(b).
  207         (b) In accordance with law and rules of the State Board of
  208  Education, the board of trustees shall administer and maintain
  209  personnel programs for all employees of the board of trustees
  210  and the Florida School for Competitive Academics. The board of
  211  trustees may adopt rules, policies, and procedures related to
  212  the appointment, employment, and removal of personnel.
  213         1. The board of trustees shall determine the compensation,
  214  including salaries and fringe benefits, and other conditions of
  215  employment for such personnel.
  216         2. Classroom teachers employed by the school must be
  217  certified pursuant to chapter 1012.
  218         3. Each person employed by the board of trustees in an
  219  academic administrative or instructional capacity with the
  220  Florida School for Competitive Academics is entitled to a
  221  contract as provided by rules of the board of trustees.
  222         4. All employees except temporary, seasonal, and student
  223  employees may be provided Florida Retirement System benefits
  224  from the school through operational costs.
  225         (6)FUNDING.—
  226         (a) The Florida School for Competitive Academics shall
  227  receive state funds for operating purposes as provided in the
  228  General Appropriations Act.
  229         (b) In addition to the funds provided in the General
  230  Appropriations Act, the Florida School for Competitive Academics
  231  may receive other funds from grants and donations.
  232         (7)AUDITS.—The Auditor General shall conduct audits of the
  233  accounts and records of the Florida School for Competitive
  234  Academics as provided in s. 11.45. The Department of Education’s
  235  Inspector General is authorized to conduct investigations at the
  236  school as provided in s. 1001.20(4)(e).
  237         (8) EXEMPTION FROM STATUTES.—
  238         (a)The Florida School for Competitive Academics is exempt
  239  from all statutes in chapters 1000-1013. However, the Florida
  240  School for Competitive Academics shall be in compliance with the
  241  following statutes in chapters 1000-1013:
  242         1. This section.
  243         2. Those statutes pertaining to the student assessment
  244  program and school grading system.
  245         3. Those statutes pertaining to the provision of services
  246  to students with disabilities.
  247         4. Those statutes pertaining to civil rights, including,
  248  but not limited to, s. 1000.05, relating to discrimination.
  249         5. Those statutes pertaining to student health, safety, and
  250  welfare.
  251         (b) Additionally, the Florida School for Competitive
  252  Academics shall be in compliance with the following statutes:
  253         1. Section 286.011, relating to public meetings and
  254  records, public inspection, and criminal and civil penalties.
  255         2. Chapter 119, relating to public records.
  256         3. Section 1006.12, relating to safe-school officers.
  257         4. Section 1006.07(7), relating to threat assessment teams.
  258         5. Section 1006.07(9), relating to school environmental
  259  safety incident reporting.
  260         6. Section 1006.07(10), relating to reporting of
  261  involuntary examinations.
  262         7. Section 1006.1493, relating to the Florida Safe Schools
  263  Assessment Tool.
  264         8. Section 1006.07(6)(d), relating to adopting active
  265  assailant response plans.
  266         9. Section 943.082(4)(b), relating to the mobile suspicious
  267  activity reporting tool.
  268         10. Section 1012.584, relating to youth mental health
  269  awareness and assistance training.
  270         11. Section 1003.4282, relating to requirements for a
  271  standard high school diploma.
  272         12. Section 1003.03(1), relating to class size maximums.
  273         13.a.Section 1011.61, relating to instructional hours
  274  requirements.
  275         b. Notwithstanding sub-subparagraph a., the school may
  276  provide instruction that exceeds the minimum time requirements
  277  for the purposes of offering a summer program.
  278         (c) For purposes of this subsection:
  279         1. The duties assigned to a district school superintendent
  280  apply to the director of the Florida School for Competitive
  281  Academics.
  282         2. The duties assigned to a district school board apply to
  283  the board of trustees.
  284         Section 3. Section 1011.58, Florida Statutes, is created to
  285  read:
  286         1011.58Procedure for legislative budget requests for the
  287  Florida School for Competitive Academics.—
  288         (1)(a) The legislative budget request of the Florida School
  289  for Competitive Academics established in s. 1002.351 must be
  290  prepared using the same format, procedures, and timelines
  291  required for the submission of the legislative budget of the
  292  Department of Education.
  293         (b) The Florida School for Competitive Academics shall
  294  submit its legislative budget request to the Department of
  295  Education for review and approval. The school must create and
  296  submit to the department an implementation plan before the
  297  department may approve the budget request.
  298         (c) Subsequent to the Department of Education’s approval,
  299  the Commissioner of Education shall include the Florida School
  300  for Competitive Academics in the department’s legislative budget
  301  request to the State Board of Education, the Governor, and the
  302  Legislature. The legislative budget request and the
  303  appropriation for the Florida School for Competitive Academics
  304  must be a separate identifiable sum in the public schools budget
  305  entity of the Department of Education.
  306         (d) The annual appropriation for the school shall be
  307  distributed monthly, without using the Florida Education Finance
  308  Program, in payments as nearly equal as possible. Appropriations
  309  for textbooks, instructional technology, and school buses may be
  310  released and distributed as necessary to serve the instructional
  311  program for the students.
  312         (2) The school shall submit its fixed capital outlay
  313  request to the Department of Education for review and approval
  314  in accordance with s. 1002.36(4)(f)1. Subsequent to the
  315  department’s approval, the school’s request must be included
  316  within the department’s public education capital outlay
  317  legislative budget request.
  318         Section 4. Section 1011.59, Florida Statutes, is created to
  319  read:
  320         1011.59Florida School for Competitive Academics; board of
  321  trustees; management flexibility.—
  322         (1) Notwithstanding ss. 216.031, 216.181, and 216.262 to
  323  the contrary and pursuant to s. 216.351, but subject to any
  324  guidelines imposed in the General Appropriations Act, funds for
  325  the operation of the Florida School for Competitive Academics
  326  shall be requested and appropriated within budget entities,
  327  program components, program categories, lump sums, or special
  328  categories. Funds appropriated to the Florida School for
  329  Competitive Academics for each program category, lump sum, or
  330  special category may be transferred to traditional categories
  331  for expenditure by the board of trustees of the school. The
  332  board of trustees shall develop an annual operating budget that
  333  allocates funds by program component and traditional expenditure
  334  category.
  335         (2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
  336  but subject to any requirements imposed in the General
  337  Appropriations Act, a lump-sum plan is not required to implement
  338  the special categories, program categories, or lump-sum
  339  appropriations. Upon release of the special categories, program
  340  categories, or lump-sum appropriations to the board of trustees,
  341  the Chief Financial Officer shall, upon the request of the board
  342  of trustees, transfer or reallocate funds to or among accounts
  343  established for disbursement purposes. The board of trustees
  344  shall maintain records to account for the original
  345  appropriation.
  346         (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
  347  216.262 to the contrary and pursuant to s. 216.351, but subject
  348  to any requirements imposed in the General Appropriations Act,
  349  the board of trustees shall establish the authorized positions
  350  and may amend such positions within the total funds authorized
  351  annually in the appropriations act.
  352         (4)(a) Notwithstanding s. 216.301 to the contrary, all
  353  unexpended funds appropriated for the Florida School for
  354  Competitive Academics shall be carried forward and included as
  355  the balance forward for that fund in the approved operating
  356  budget for the following year.
  357         (b) Notwithstanding any other law, for the 2023-2024
  358  through 2027-2028 fiscal years, the school’s board of trustees
  359  may expend, reserve, or carry forward balances from prior year
  360  operational and programmatic appropriations for fixed capital
  361  outlay projects needed for the establishment of this school.
  362         Section 5. Paragraphs (d) and (f) of subsection (2) of
  363  section 11.45, Florida Statutes, are amended to read:
  364         11.45 Definitions; duties; authorities; reports; rules.—
  365         (2) DUTIES.—The Auditor General shall:
  366         (d) Annually conduct financial audits of the accounts and
  367  records of all district school boards in counties with
  368  populations of fewer than 150,000, according to the most recent
  369  federal decennial statewide census, and the Florida School for
  370  the Deaf and the Blind, and the Florida School for Competitive
  371  Academics.
  372         (f) At least every 3 years, conduct operational audits of
  373  the accounts and records of state agencies, state universities,
  374  state colleges, district school boards, the Florida Clerks of
  375  Court Operations Corporation, water management districts, and
  376  the Florida School for the Deaf and the Blind, and the Florida
  377  School for Competitive Academics.
  378  
  379  The Auditor General shall perform his or her duties
  380  independently but under the general policies established by the
  381  Legislative Auditing Committee. This subsection does not limit
  382  the Auditor General’s discretionary authority to conduct other
  383  audits or engagements of governmental entities as authorized in
  384  subsection (3).
  385         Section 6. Paragraph (d) of subsection (2) of section
  386  110.205, Florida Statutes, is amended to read:
  387         110.205 Career service; exemptions.—
  388         (2) EXEMPT POSITIONS.—The exempt positions that are not
  389  covered by this part include the following:
  390         (d) All officers and employees of the state universities
  391  and the academic personnel and academic administrative personnel
  392  of the Florida School for the Deaf and the Blind and the Florida
  393  School for Competitive Academics. In accordance with the
  394  provisions of s. 1002.36, the salaries for academic personnel
  395  and academic administrative personnel of the Florida School for
  396  the Deaf and the Blind and the Florida School for Competitive
  397  Academics shall be set by the board of trustees for the
  398  respective schools school, subject only to the approval of the
  399  State Board of Education.
  400         Section 7. Paragraph (a) of subsection (2) of section
  401  216.251, Florida Statutes, is amended to read:
  402         216.251 Salary appropriations; limitations.—
  403         (2)(a) The salary for each position not specifically
  404  indicated in the appropriations acts shall be as provided in one
  405  of the following subparagraphs:
  406         1. Within the classification and pay plans provided for in
  407  chapter 110.
  408         2. Within the classification and pay plans established by
  409  the Board of Trustees for the Florida School for the Deaf and
  410  the Blind of the Department of Education and approved by the
  411  State Board of Education for academic and academic
  412  administrative personnel.
  413         3. Within the classification and pay plan approved and
  414  administered by the Board of Governors or the designee of the
  415  board for those positions in the State University System.
  416         4. Within the classification and pay plan approved by the
  417  President of the Senate and the Speaker of the House of
  418  Representatives, as the case may be, for employees of the
  419  Legislature.
  420         5. Within the approved classification and pay plan for the
  421  judicial branch.
  422         6. Within the classification and pay plans established by
  423  the Board of Trustees for the Florida School for Competitive
  424  Academics of the Department of Education and approved by the
  425  State Board of Education for academic and academic
  426  administrative personnel.
  427         Section 8. Subsection (2) of section 447.203, Florida
  428  Statutes, is amended to read:
  429         447.203 Definitions.—As used in this part:
  430         (2) “Public employer” or “employer” means the state or any
  431  county, municipality, or special district or any subdivision or
  432  agency thereof which the commission determines has sufficient
  433  legal distinctiveness properly to carry out the functions of a
  434  public employer. With respect to all public employees determined
  435  by the commission as properly belonging to a statewide
  436  bargaining unit composed of State Career Service System
  437  employees or Selected Professional Service employees, the
  438  Governor is shall be deemed to be the public employer; and the
  439  Board of Governors of the State University System, or the
  440  board’s designee, is shall be deemed to be the public employer
  441  with respect to all public employees of each constituent state
  442  university. The board of trustees of a community college is
  443  shall be deemed to be the public employer with respect to all
  444  employees of the community college. The district school board is
  445  shall be deemed to be the public employer with respect to all
  446  employees of the school district. The Board of Trustees of the
  447  Florida School for the Deaf and the Blind is shall be deemed to
  448  be the public employer with respect to the academic and academic
  449  administrative personnel of the Florida School for the Deaf and
  450  the Blind. The Board of Trustees of the Florida School for
  451  Competitive Academics is deemed to be the public employer with
  452  respect to the academic and academic administrative personnel of
  453  the Florida School for Competitive Academics. The Governor is
  454  shall be deemed to be the public employer with respect to all
  455  employees in the Correctional Education Program of the
  456  Department of Corrections established pursuant to s. 944.801.
  457         Section 9. Paragraph (e) of subsection (4) of section
  458  1001.20, Florida Statutes, is amended to read:
  459         1001.20 Department under direction of state board.—
  460         (4) The Department of Education shall establish the
  461  following offices within the Office of the Commissioner of
  462  Education which shall coordinate their activities with all other
  463  divisions and offices:
  464         (e) Office of Inspector General.—Organized using existing
  465  resources and funds and responsible for promoting
  466  accountability, efficiency, and effectiveness and detecting
  467  fraud and abuse within school districts, the Florida School for
  468  the Deaf and the Blind, the Florida School for Competitive
  469  Academics, and Florida College System institutions in Florida.
  470  If the Commissioner of Education determines that a district
  471  school board, the Board of Trustees for the Florida School for
  472  the Deaf and the Blind, the Board of Trustees for the Florida
  473  School for Competitive Academics, or a Florida College System
  474  institution board of trustees is unwilling or unable to address
  475  substantiated allegations made by any person relating to waste,
  476  fraud, or financial mismanagement within the school district,
  477  the Florida School for the Deaf and the Blind, the Florida
  478  School for Competitive Academics, or the Florida College System
  479  institution, the office must shall conduct, coordinate, or
  480  request investigations into such substantiated allegations. The
  481  office shall investigate allegations or reports of possible
  482  fraud or abuse against a district school board made by any
  483  member of the Cabinet; the presiding officer of either house of
  484  the Legislature; a chair of a substantive or appropriations
  485  committee with jurisdiction; or a member of the board for which
  486  an investigation is sought. The office shall have access to all
  487  information and personnel necessary to perform its duties and
  488  shall have all of its current powers, duties, and
  489  responsibilities authorized in s. 20.055.
  490         Section 10. The Division of Law Revision is directed to
  491  revise the title of subpart D of part I of chapter 1011, Florida
  492  Statutes, consisting of ss. 1011.55-1011.59, Florida Statutes,
  493  to read “Florida School for the Deaf and the Blind and Florida
  494  School for Competitive Academics: Preparation, Adoption, and
  495  Implementation of Budgets” to conform to the amendments made by
  496  this act.
  497         Section 11. This act shall take effect July 1, 2023.