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         1002.351The 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, 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         1011.58Procedure 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         1011.59Florida 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, and the 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, and
  370  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 is shall be deemed to be the public employer; and the
  418  Board of Governors of the State University System, or the
  419  board’s designee, is shall be deemed 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
  422  shall be deemed to be the public employer with respect to all
  423  employees of the community college. The district school board is
  424  shall be deemed 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 is shall be deemed 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
  433  shall be deemed 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 must shall conduct, 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.