Florida Senate - 2023 CS for CS for SB 1386 By the Committee on Fiscal Policy; the Appropriations Committee on Education; and Senators Perry, Collins, Calatayud, and Wright 594-04108-23 20231386c2 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 that the school be included in 11 the school choice online portal and that the portal 12 include information to assist parents who wish their 13 children to be considered for admission; providing for 14 the appointment of the board of trustees; requiring 15 the board members to serve without compensation, but 16 authorizing them to be reimbursed for certain 17 expenses; providing sovereign immunity to the board of 18 trustees; prescribing the powers and duties of the 19 board of trustees; specifying the board’s duties 20 regarding the maintenance of student and employee 21 records; providing requirements regarding background 22 screening of school personnel; specifying duties of 23 the board regarding personnel; providing for funding 24 of the school; requiring the Auditor General to 25 conduct audits of the school’s accounts and records; 26 authorizing the Department of Education’s Office of 27 Inspector General to conduct investigations, as 28 appropriate; exempting the school from specified 29 requirements in the Florida Early Learning-20 30 Education Code; providing exceptions; specifying 31 applicability of certain provisions of law; creating 32 s. 1011.58, F.S.; prescribing procedures for the 33 school’s submittal of legislative budget requests; 34 requiring the school to submit an implementation plan 35 to the Department of Education; requiring the 36 Commissioner of Education to include the school in the 37 department’s legislative budget request, subject to 38 specified conditions; requiring the school to submit 39 its fixed capital outlay request to the department; 40 creating s. 1011.59, F.S.; prescribing procedures and 41 requirements governing the request and the 42 appropriation of funds for the operation of the 43 school; requiring the board of trustees to develop an 44 annual operating budget; requiring the Chief Financial 45 Officer to transfer or reallocate funds if certain 46 conditions are met; requiring the board to establish 47 authorized positions within funds appropriated to the 48 school; requiring the carry forward of any unexpended 49 funds; amending s. 11.45, F.S.; revising the duties of 50 the Auditor General to conform to changes made by the 51 act; amending s. 216.251, F.S.; specifying the manner 52 of setting salaries for positions within the school; 53 amending s. 447.203, F.S.; revising the definition of 54 the terms “public employer” or “employer” to include 55 the school for purposes of part II of ch. 447, F.S.; 56 making technical changes; amending s. 1001.20, F.S.; 57 revising the powers of the department’s Office of 58 Inspector General to conform to changes made by the 59 act; providing a directive to the Division of Law 60 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 Florida 100 School for Competitive Academics must be included in the school 101 choice online portal established in s. 1001.10(10). The portal 102 must include information about the opportunity for parents to 103 submit their child’s educational records to the Florida School 104 for Competitive Academics for consideration for admission. 105 (3) BOARD OF TRUSTEES.— 106 (a)1. The Florida School for Competitive Academics shall be 107 governed by a board of trustees composed of seven members 108 appointed by the Governor to 4-year terms and confirmed by the 109 Senate. For purposes of staggering terms, four members, 110 including the chair as designated by the Governor, shall be 111 appointed to 4-year terms beginning July 1, 2023, and three 112 members shall be appointed to 2-year terms beginning July 1, 113 2023. After the initial 4-year term, the chair shall be elected 114 by the board. 115 2. No more than one employee of the school may serve on the 116 board of trustees as a member or as the chair. 117 (b) Members of the board of trustees shall serve without 118 compensation, but may be reimbursed for per diem and travel 119 expenses pursuant to s. 112.061. 120 (c) The board of trustees is a public agency entitled to 121 sovereign immunity pursuant to s. 768.28, and board members are 122 public officers who bear fiduciary responsibility for the 123 Florida School for Competitive Academics. 124 (d) The board of trustees is a body corporate with all the 125 powers of a body corporate and with such authority as is needed 126 for the proper operation and improvement of the Florida School 127 for Competitive Academics. Title to any gift, donation, or 128 bequest received by the board of trustees must vest in the board 129 of trustees. Title to all other property and other assets of the 130 Florida School for Competitive Academics must vest in the State 131 Board of Education, but the board of trustees has complete 132 jurisdiction over the management of the school. 133 (e) The board of trustees has the full power and authority 134 to: 135 1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to 136 implement provisions of law relating to operation of the Florida 137 School for Competitive Academics. Such rules must be submitted 138 to the State Board of Education for approval or disapproval. 139 After a rule is approved by the State Board of Education, the 140 rule must be filed immediately with the Department of State. The 141 board of trustees shall act at all times in conjunction with the 142 rules of the State Board of Education. 143 2. Appoint a principal, administrators, teachers, and other 144 employees. 145 3. Remove principals, administrators, teachers, and other 146 employees at the board’s discretion. 147 4. Determine eligibility of students and procedures for 148 admission. 149 5. Provide for the proper keeping of accounts and records 150 and for budgeting of funds. 151 6. Receive gifts, donations, and bequests of money or 152 property, real or personal, tangible or intangible, from any 153 person, firm, corporation, or other legal entity for the use and 154 benefit of the school. 155 7. Recommend to the Legislature for the school to become a 156 residential public school. 157 8. Do and perform every other matter or thing requisite to 158 the proper management, maintenance, support, and control of the 159 school at the highest efficiency economically possible. 160 (f) The board of trustees shall: 161 1. Prepare and submit legislative budget requests for 162 operations and fixed capital outlay, in accordance with chapter 163 216 and ss. 1011.56 and 1013.60, to the Department of Education 164 for review and approval. The department shall analyze the amount 165 requested for fixed capital outlay to determine if the request 166 is consistent with the school’s campus master plan, educational 167 plant survey, and facilities master plan. 168 2. Approve and administer an annual operating budget in 169 accordance with ss. 1011.56 and 1011.57. 170 3. Require all purchases to be in accordance with chapter 171 287 except for purchases made with funds received as gifts, 172 donations, or bequests or funds raised by or belonging to 173 student clubs or student organizations. 174 4. Administer and maintain personnel programs for all 175 employees of the board of trustees and the Florida School for 176 Competitive Academics, who shall be school employees, including 177 the personnel. 178 5. Ensure that the Florida School for Competitive Academics 179 complies with s. 1013.351 concerning the coordination of 180 planning between the Florida School for Competitive Academics 181 and local governing bodies. 182 6. Ensure that the Florida School for Competitive Academics 183 complies with s. 112.061 concerning per diem and travel 184 expenses. 185 7. Adopt a master plan that specifies the objectives of the 186 Florida School for Competitive Academics. The plan must be for a 187 period of 5 years and must be reviewed for needed modifications 188 every 2 years. The board of trustees shall submit the initial 189 plan and subsequent modifications to the President of the Senate 190 and the Speaker of the House of Representatives. 191 (4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees 192 shall provide for the content and custody of student and 193 employee personnel records. Student records are subject to s. 194 1002.22. Employee records are subject to s. 1012.31. 195 (5) PERSONNEL.— 196 (a) The Florida School for Competitive Academics Board of 197 Trustees shall require all employees and applicants for 198 employment to undergo background screening as provided in s. 199 1012.32 as a condition of employment and continued employment. 200 Members of the board of trustees must also undergo background 201 screening in accordance with the relevant provisions of s. 202 1012.32. An individual may not be employed as an employee or as 203 contract personnel of the school or serve as a member of the 204 board of trustees if the individual is on the disqualification 205 list maintained by the department pursuant to s. 1001.10(4)(b). 206 (b) In accordance with law and rules of the State Board of 207 Education, the board of trustees shall administer and maintain 208 personnel programs for all employees of the board of trustees 209 and the Florida School for Competitive Academics. The board of 210 trustees may adopt rules, policies, and procedures related to 211 the appointment, employment, and removal of personnel. 212 1. The board of trustees shall determine the compensation, 213 including salaries and fringe benefits, and other conditions of 214 employment for such personnel. 215 2. Classroom teachers employed by the school must be 216 certified pursuant to chapter 1012. 217 3. Each person employed by the board of trustees in an 218 academic administrative or instructional capacity with the 219 Florida School for Competitive Academics is entitled to a 220 contract as provided by rules of the board of trustees. 221 4. All employees except temporary, seasonal, and student 222 employees may be provided Florida Retirement System benefits 223 from the school through operational costs. 224 (6) FUNDING.— 225 (a) The Florida School for Competitive Academics shall 226 receive state funds for operating purposes as provided in the 227 General Appropriations Act. 228 (b) In addition to the funds provided in the General 229 Appropriations Act, the Florida School for Competitive Academics 230 may receive other funds from grants and donations. 231 (7) AUDITS.—The Auditor General shall conduct audits of the 232 accounts and records of the Florida School for Competitive 233 Academics as provided in s. 11.45. The Department of Education’s 234 Inspector General is authorized to conduct investigations at the 235 school as provided in s. 1001.20(4)(e). 236 (8) EXEMPTION FROM STATUTES.— 237 (a) The Florida School for Competitive Academics is exempt 238 from all statutes in chapters 1000-1013. However, the Florida 239 School for Competitive Academics shall be in compliance with the 240 following statutes in chapters 1000-1013: 241 1. This section. 242 2. Those statutes pertaining to the student assessment 243 program and school grading system. 244 3. Those statutes pertaining to the provision of services 245 to students with disabilities. 246 4. Those statutes pertaining to civil rights, including, 247 but not limited to, s. 1000.05, relating to discrimination. 248 5. Those statutes pertaining to student health, safety, and 249 welfare. 250 (b) Additionally, the Florida School for Competitive 251 Academics shall be in compliance with the following statutes: 252 1. Section 286.011, relating to public meetings and 253 records, public inspection, and criminal and civil penalties. 254 2. Chapter 119, relating to public records. 255 3. Section 1006.12, relating to safe-school officers. 256 4. Section 1006.07(7), relating to threat assessment teams. 257 5. Section 1006.07(9), relating to school environmental 258 safety incident reporting. 259 6. Section 1006.07(10), relating to reporting of 260 involuntary examinations. 261 7. Section 1006.1493, relating to the Florida Safe Schools 262 Assessment Tool. 263 8. Section 1006.07(6)(d), relating to adopting active 264 assailant response plans. 265 9. Section 943.082(4)(b), relating to the mobile suspicious 266 activity reporting tool. 267 10. Section 1012.584, relating to youth mental health 268 awareness and assistance training. 269 11. Section 1003.4282, relating to requirements for a 270 standard high school diploma. 271 12. Section 1003.03(1), relating to class size maximums. 272 13.a. Section 1011.61, relating to instructional hours 273 requirements. 274 b. Notwithstanding sub-subparagraph a., the school may 275 provide instruction that exceeds the minimum time requirements 276 for the purposes of offering a summer program. 277 (c) For purposes of this subsection: 278 1. The duties assigned to a district school superintendent 279 apply to the director of the Florida School for Competitive 280 Academics. 281 2. The duties assigned to a district school board apply to 282 the board of trustees. 283 Section 3. Section 1011.58, Florida Statutes, is created to 284 read: 285 1011.58 Procedure for legislative budget requests for the 286 Florida School for Competitive Academics.— 287 (1)(a) The legislative budget request of the Florida School 288 for Competitive Academics established in s. 1002.351 must be 289 prepared using the same format, procedures, and timelines 290 required for the submission of the legislative budget of the 291 Department of Education. 292 (b) The Florida School for Competitive Academics shall 293 submit its legislative budget request to the Department of 294 Education for review and approval. The school must create and 295 submit to the department an implementation plan before the 296 department may approve the budget request. 297 (c) Subsequent to the Department of Education’s approval, 298 the Commissioner of Education shall include the Florida School 299 for Competitive Academics in the department’s legislative budget 300 request to the State Board of Education, the Governor, and the 301 Legislature. The legislative budget request and the 302 appropriation for the Florida School for Competitive Academics 303 must be a separate identifiable sum in the public schools budget 304 entity of the Department of Education. 305 (d) The annual appropriation for the school shall be 306 distributed monthly, without using the Florida Education Finance 307 Program, in payments as nearly equal as possible. Appropriations 308 for textbooks, instructional technology, and school buses may be 309 released and distributed as necessary to serve the instructional 310 program for the students. 311 (2) The school shall submit its fixed capital outlay 312 request to the Department of Education for review and approval 313 in accordance with s. 1002.36(4)(f)1. Subsequent to the 314 department’s approval, the school’s request must be included 315 within the department’s public education capital outlay 316 legislative budget request. 317 Section 4. Section 1011.59, Florida Statutes, is created to 318 read: 319 1011.59 Florida School for Competitive Academics; board of 320 trustees; management flexibility.— 321 (1) Notwithstanding ss. 216.031, 216.181, and 216.262 to 322 the contrary and pursuant to s. 216.351, but subject to any 323 guidelines imposed in the General Appropriations Act, funds for 324 the operation of the Florida School for Competitive Academics 325 must be requested and appropriated within budget entities, 326 program components, program categories, lump sums, or special 327 categories. Funds appropriated to the Florida School for 328 Competitive Academics for each program category, lump sum, or 329 special category may be transferred to traditional categories 330 for expenditure by the board of trustees of the school. The 331 board of trustees shall develop an annual operating budget that 332 allocates funds by program component and traditional expenditure 333 category. 334 (2) Notwithstanding s. 216.181 and pursuant to s. 216.351, 335 but subject to any requirements imposed in the General 336 Appropriations Act, a lump-sum plan is not required to implement 337 the special categories, program categories, or lump-sum 338 appropriations. Upon release of the special categories, program 339 categories, or lump-sum appropriations to the board of trustees, 340 the Chief Financial Officer shall, upon the request of the board 341 of trustees, transfer or reallocate funds to or among accounts 342 established for disbursement purposes. The board of trustees 343 shall maintain records to account for the original 344 appropriation. 345 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and 346 216.262 to the contrary and pursuant to s. 216.351, but subject 347 to any requirements imposed in the General Appropriations Act, 348 the board of trustees shall establish the authorized positions 349 and may amend such positions within the total funds authorized 350 annually in the appropriations act. 351 (4) Notwithstanding s. 216.301 to the contrary, all 352 unexpended funds appropriated for the Florida School for 353 Competitive Academics must be carried forward and included as 354 the balance forward for that fund in the approved operating 355 budget for the following year. 356 Section 5. Paragraphs (d) and (f) of subsection (2) of 357 section 11.45, Florida Statutes, are amended to read: 358 11.45 Definitions; duties; authorities; reports; rules.— 359 (2) DUTIES.—The Auditor General shall: 360 (d) Annually conduct financial audits of the accounts and 361 records of all district school boards in counties with 362 populations of fewer than 150,000, according to the most recent 363 federal decennial statewide census,andthe Florida School for 364 the Deaf and the Blind, and the Florida School for Competitive 365 Academics. 366 (f) At least every 3 years, conduct operational audits of 367 the accounts and records of state agencies, state universities, 368 state colleges, district school boards, the Florida Clerks of 369 Court Operations Corporation, water management districts,and370 the Florida School for the Deaf and the Blind, and the Florida 371 School for Competitive Academics. 372 373 The Auditor General shall perform his or her duties 374 independently but under the general policies established by the 375 Legislative Auditing Committee. This subsection does not limit 376 the Auditor General’s discretionary authority to conduct other 377 audits or engagements of governmental entities as authorized in 378 subsection (3). 379 Section 6. Paragraph (a) of subsection (2) of section 380 216.251, Florida Statutes, is amended to read: 381 216.251 Salary appropriations; limitations.— 382 (2)(a) The salary for each position not specifically 383 indicated in the appropriations acts shall be as provided in one 384 of the following subparagraphs: 385 1. Within the classification and pay plans provided for in 386 chapter 110. 387 2. Within the classification and pay plans established by 388 the Board of Trustees for the Florida School for the Deaf and 389 the Blind of the Department of Education and approved by the 390 State Board of Education for academic and academic 391 administrative personnel. 392 3. Within the classification and pay plan approved and 393 administered by the Board of Governors or the designee of the 394 board for those positions in the State University System. 395 4. Within the classification and pay plan approved by the 396 President of the Senate and the Speaker of the House of 397 Representatives, as the case may be, for employees of the 398 Legislature. 399 5. Within the approved classification and pay plan for the 400 judicial branch. 401 6. Within the classification and pay plans established by 402 the Board of Trustees for the Florida School for Competitive 403 Academics of the Department of Education and approved by the 404 State Board of Education for academic and academic 405 administrative personnel. 406 Section 7. Subsection (2) of section 447.203, Florida 407 Statutes, is amended to read: 408 447.203 Definitions.—As used in this part: 409 (2) “Public employer” or “employer” means the state or any 410 county, municipality, or special district or any subdivision or 411 agency thereof which the commission determines has sufficient 412 legal distinctiveness properly to carry out the functions of a 413 public employer. With respect to all public employees determined 414 by the commission as properly belonging to a statewide 415 bargaining unit composed of State Career Service System 416 employees or Selected Professional Service employees, the 417 Governor isshall bedeemed to be the public employer; and the 418 Board of Governors of the State University System, or the 419 board’s designee, isshall bedeemed to be the public employer 420 with respect to all public employees of each constituent state 421 university. The board of trustees of a community college is 422shall bedeemed to be the public employer with respect to all 423 employees of the community college. The district school board is 424shall bedeemed to be the public employer with respect to all 425 employees of the school district. The Board of Trustees of the 426 Florida School for the Deaf and the Blind isshall bedeemed to 427 be the public employer with respect to the academic and academic 428 administrative personnel of the Florida School for the Deaf and 429 the Blind. The Board of Trustees of the Florida School for 430 Competitive Academics is deemed to be the public employer with 431 respect to the academic and academic administrative personnel of 432 the Florida School for Competitive Academics. The Governor is 433shall bedeemed to be the public employer with respect to all 434 employees in the Correctional Education Program of the 435 Department of Corrections established pursuant to s. 944.801. 436 Section 8. Paragraph (e) of subsection (4) of section 437 1001.20, Florida Statutes, is amended to read: 438 1001.20 Department under direction of state board.— 439 (4) The Department of Education shall establish the 440 following offices within the Office of the Commissioner of 441 Education which shall coordinate their activities with all other 442 divisions and offices: 443 (e) Office of Inspector General.—Organized using existing 444 resources and funds and responsible for promoting 445 accountability, efficiency, and effectiveness and detecting 446 fraud and abuse within school districts, the Florida School for 447 the Deaf and the Blind, the Florida School for Competitive 448 Academics, and Florida College System institutions in Florida. 449 If the Commissioner of Education determines that a district 450 school board, the Board of Trustees for the Florida School for 451 the Deaf and the Blind, the Board of Trustees for the Florida 452 School for Competitive Academics, or a Florida College System 453 institution board of trustees is unwilling or unable to address 454 substantiated allegations made by any person relating to waste, 455 fraud, or financial mismanagement within the school district, 456 the Florida School for the Deaf and the Blind, the Florida 457 School for Competitive Academics, or the Florida College System 458 institution, the office mustshallconduct, coordinate, or 459 request investigations into such substantiated allegations. The 460 office shall investigate allegations or reports of possible 461 fraud or abuse against a district school board made by any 462 member of the Cabinet; the presiding officer of either house of 463 the Legislature; a chair of a substantive or appropriations 464 committee with jurisdiction; or a member of the board for which 465 an investigation is sought. The office shall have access to all 466 information and personnel necessary to perform its duties and 467 shall have all of its current powers, duties, and 468 responsibilities authorized in s. 20.055. 469 Section 9. The Division of Law Revision is directed to 470 revise the title of subpart D of part I of chapter 1011, Florida 471 Statutes, consisting of ss. 1011.55-1011.59, Florida Statutes, 472 to read “Florida School for the Deaf and the Blind and Florida 473 School for Competitive Academics: Preparation, Adoption, and 474 Implementation of Budgets” to conform to the amendments made by 475 this act. 476 Section 10. This act shall take effect July 1, 2023.