Florida Senate - 2024                                     SB 250
       
       
        
       By Senator Perry
       
       
       
       
       
       9-00576-24                                             2024250__
    1                        A bill to be entitled                      
    2         An act relating to the Florida School for Competitive
    3         Academics; amending s. 1002.351, F.S.; changing the
    4         name of the Florida School for Competitive Academics
    5         to the Frazer School for Competitive Academics; making
    6         a technical change; amending ss. 11.45, 216.251,
    7         447.203, 1000.04, 1001.20, 1011.58, and 1011.59, F.S.;
    8         conforming provisions to a change made by the act;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 1002.351, Florida Statutes, is amended
   14  to read:
   15         1002.351 The Frazer Florida School for Competitive
   16  Academics.—
   17         (1) ESTABLISHMENT.—There is established the Frazer Florida
   18  School for Competitive Academics. The school shall be located in
   19  Alachua County and is a state-supported public school for
   20  Florida residents in grades 6-12. The primary purpose of the
   21  school is to provide a rigorous academic curriculum, and the
   22  secondary purpose is to prepare students for regional, state,
   23  and national academic competitions in all areas of study,
   24  including, but not limited to, science, technology, engineering,
   25  and mathematics. The school may admit students in grades 6-12
   26  beginning in the 2024-2025 school year.
   27         (2) MISSION.—
   28         (a) The mission of the Frazer Florida School for
   29  Competitive Academics is to provide students who meet selective
   30  admissions requirements an environment that will foster high
   31  academic engagement and advanced understanding of subject areas,
   32  develop productive work habits, build resiliency, connect
   33  students with industry leaders, and promote civic leadership.
   34         (b) To assist in the recruitment of students, the Frazer
   35  Florida School for Competitive Academics must be included in the
   36  school choice online portal established under s. 1001.10(10).
   37  The portal must include information about the opportunity for
   38  parents to submit their child’s educational records to the
   39  Frazer Florida School for Competitive Academics for
   40  consideration for admission.
   41         (3) BOARD OF TRUSTEES.—
   42         (a)1. The Frazer Florida School for Competitive Academics
   43  shall be governed by a board of trustees composed of seven
   44  members appointed by the Governor to 4-year terms and confirmed
   45  by the Senate. For purposes of staggering terms, four members,
   46  including the chair as designated by the Governor, shall be
   47  appointed to 4-year terms beginning July 1, 2023, and three
   48  members shall be appointed to 2-year terms beginning July 1,
   49  2023. After the initial 4-year term, the chair shall be elected
   50  by the board.
   51         2. No more than one employee of the school may serve on the
   52  board of trustees as a member or as chair.
   53         (b) Members of the board of trustees shall serve without
   54  compensation, but may be reimbursed for per diem and travel
   55  expenses pursuant to s. 112.061.
   56         (c) The board of trustees is a public agency entitled to
   57  sovereign immunity pursuant to s. 768.28, and board members are
   58  public officers who bear fiduciary responsibility for the Frazer
   59  Florida School for Competitive Academics.
   60         (d) The board of trustees is a body corporate with all the
   61  powers of a body corporate and with such authority as is needed
   62  for the proper operation and improvement of the Frazer Florida
   63  School for Competitive Academics. Title to any gift, donation,
   64  or bequest received by the board of trustees must vest in the
   65  board of trustees. Title to all other property and other assets
   66  of the Frazer Florida School for Competitive Academics must vest
   67  in the State Board of Education, but the board of trustees has
   68  complete jurisdiction over the management of the school.
   69         (e) The board of trustees has the full power and authority
   70  to:
   71         1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to
   72  implement provisions of law relating to operation of the Frazer
   73  Florida School for Competitive Academics. Such rules must be
   74  submitted to the State Board of Education for approval or
   75  disapproval. After a rule is approved by the State Board of
   76  Education, the rule must be filed immediately with the
   77  Department of State. The board of trustees shall act at all
   78  times in conjunction with the rules of the State Board of
   79  Education.
   80         2. Appoint a principal, administrators, teachers, and other
   81  employees.
   82         3. Remove principals, administrators, teachers, and other
   83  employees at the board’s discretion.
   84         4. Determine eligibility of students and procedures for
   85  admission.
   86         5. Provide for the proper keeping of accounts and records
   87  and for budgeting of funds.
   88         6. Receive gifts, donations, and bequests of money or
   89  property, real or personal, tangible or intangible, from any
   90  person, firm, corporation, or other legal entity for the use and
   91  benefit of the school.
   92         7. Recommend to the Legislature for the school to become a
   93  residential public school.
   94         8. Do and perform every other matter or thing requisite to
   95  the proper management, maintenance, support, and control of the
   96  school at the highest efficiency economically possible.
   97         (f) The board of trustees shall:
   98         1. Prepare and submit legislative budget requests for
   99  operations and fixed capital outlay, in accordance with chapter
  100  216 and ss. 1011.56 and 1013.60, to the Department of Education
  101  for review and approval. The department must analyze the amount
  102  requested for fixed capital outlay to determine if the request
  103  is consistent with the school’s campus master plan, educational
  104  plant survey, and facilities master plan.
  105         2. Approve and administer an annual operating budget in
  106  accordance with ss. 1011.56 and 1011.57.
  107         3. Require all purchases to be in accordance with chapter
  108  287 except for purchases made with funds received as gifts,
  109  donations, or bequests or funds raised by or belonging to
  110  student clubs or student organizations.
  111         4. Administer and maintain personnel programs for all
  112  employees of the board of trustees and the Frazer Florida School
  113  for Competitive Academics, who must shall be school employees,
  114  including the personnel.
  115         5. Ensure that the Frazer Florida School for Competitive
  116  Academics complies with s. 1013.351 concerning the coordination
  117  of planning between the Frazer Florida School for Competitive
  118  Academics and local governing bodies.
  119         6. Ensure that the Frazer Florida School for Competitive
  120  Academics complies with s. 112.061 concerning per diem and
  121  travel expenses.
  122         7. Adopt a master plan that specifies the objectives of the
  123  Frazer Florida School for Competitive Academics. The plan must
  124  be for a period of 5 years and must be reviewed for needed
  125  modifications every 2 years. The board of trustees shall submit
  126  the initial plan and subsequent modifications to the President
  127  of the Senate and the Speaker of the House of Representatives.
  128         (4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees
  129  shall provide for the content and custody of student and
  130  employee personnel records. Student records are subject to s.
  131  1002.22. Employee records are subject to s. 1012.31.
  132         (5) PERSONNEL.—
  133         (a) The Frazer Florida School for Competitive Academics
  134  Board of Trustees shall require all employees and applicants for
  135  employment to undergo background screening as provided in s.
  136  1012.32 as a condition of employment and continued employment.
  137  Members of the board of trustees must also undergo background
  138  screening in accordance with the relevant provisions of s.
  139  1012.32. An individual may not be employed as an employee or
  140  contract personnel of the school or serve as a member of the
  141  board of trustees if the individual is on the disqualification
  142  list maintained by the department pursuant to s. 1001.10(4)(b).
  143         (b) In accordance with law and rules of the State Board of
  144  Education, the board of trustees shall administer and maintain
  145  personnel programs for all employees of the board of trustees
  146  and the Frazer Florida School for Competitive Academics. The
  147  board of trustees may adopt rules, policies, and procedures
  148  related to the appointment, employment, and removal of
  149  personnel.
  150         1. The board of trustees shall determine the compensation,
  151  including salaries and fringe benefits, and other conditions of
  152  employment for such personnel.
  153         2. Classroom teachers employed by the school must be
  154  certified pursuant to chapter 1012.
  155         3. Each person employed by the board of trustees in an
  156  academic, administrative, or instructional capacity with the
  157  Frazer Florida School for Competitive Academics is entitled to a
  158  contract as provided by rules of the board of trustees.
  159         4. All employees, except temporary, seasonal, and student
  160  employees, may be provided Florida Retirement System benefits
  161  from the school through operational costs.
  162         (6) FUNDING.—
  163         (a) The Frazer Florida School for Competitive Academics
  164  shall receive state funds for operating purposes as provided in
  165  the General Appropriations Act.
  166         (b) In addition to the funds provided in the General
  167  Appropriations Act, the Frazer Florida School for Competitive
  168  Academics may receive other funds from grants and donations.
  169         (7) AUDITS AND INVESTIGATIONS.—The Auditor General shall
  170  conduct audits of the accounts and records of the Frazer Florida
  171  School for Competitive Academics as provided in s. 11.45. The
  172  Department of Education’s Inspector General is authorized to
  173  conduct investigations at the school as provided in s.
  174  1001.20(4)(e).
  175         (8) EXEMPTION FROM STATUTES.—
  176         (a) The Frazer Florida School for Competitive Academics is
  177  exempt from all statutes in chapters 1000-1013. However, the
  178  Frazer Florida School for Competitive Academics shall be in
  179  compliance with the following statutes in chapters 1000-1013:
  180         1. This section.
  181         2. Those statutes pertaining to the student assessment
  182  program and school grading system.
  183         3. Those statutes pertaining to the provision of services
  184  to students with disabilities.
  185         4. Those statutes pertaining to civil rights, including,
  186  but not limited to, s. 1000.05, relating to discrimination.
  187         5. Those statutes pertaining to student health, safety, and
  188  welfare.
  189         (b) Additionally, the Frazer Florida School for Competitive
  190  Academics shall be in compliance with the following statutes:
  191         1. Section 286.011, relating to public meetings and
  192  records, public inspection, and criminal and civil penalties.
  193         2. Chapter 119, relating to public records.
  194         3. Section 1006.12, relating to safe-school officers.
  195         4. Section 1006.07(7), relating to threat management teams.
  196         5. Section 1006.07(9), relating to school environmental
  197  safety incident reporting.
  198         6. Section 1006.07(10), relating to reporting of
  199  involuntary examinations.
  200         7. Section 1006.1493, relating to the Florida Safe Schools
  201  Assessment Tool.
  202         8. Section 1006.07(6)(d), relating to adopting active
  203  assailant response plans.
  204         9. Section 943.082(4)(b), relating to the mobile suspicious
  205  activity reporting tool.
  206         10. Section 1012.584, relating to youth mental health
  207  awareness and assistance training.
  208         11. Section 1003.4282, relating to requirements for a
  209  standard high school diploma.
  210         12. Section 1003.03(1), relating to class size maximums.
  211         13.a. Section 1011.61, relating to instructional hours
  212  requirements.
  213         b. Notwithstanding sub-subparagraph a., the school may
  214  provide instruction that exceeds the minimum time requirements
  215  for the purposes of offering a summer program.
  216         (c) For purposes of this subsection:
  217         1. The duties assigned to a district school superintendent
  218  apply to the director of the Frazer Florida School for
  219  Competitive Academics.
  220         2. The duties assigned to a district school board apply to
  221  the board of trustees.
  222         Section 2. Paragraphs (d) and (f) of subsection (2) of
  223  section 11.45, Florida Statutes, are amended to read:
  224         11.45 Definitions; duties; authorities; reports; rules.—
  225         (2) DUTIES.—The Auditor General shall:
  226         (d) Annually conduct financial audits of the accounts and
  227  records of all district school boards in counties with
  228  populations of fewer than 150,000, according to the most recent
  229  federal decennial statewide census; the Florida School for the
  230  Deaf and the Blind; and the Frazer Florida School for
  231  Competitive Academics.
  232         (f) At least every 3 years, conduct operational audits of
  233  the accounts and records of state agencies, state universities,
  234  state colleges, district school boards, the Florida Clerks of
  235  Court Operations Corporation, water management districts, the
  236  Florida School for the Deaf and the Blind, and the Frazer
  237  Florida School for Competitive Academics.
  238  
  239  The Auditor General shall perform his or her duties
  240  independently but under the general policies established by the
  241  Legislative Auditing Committee. This subsection does not limit
  242  the Auditor General’s discretionary authority to conduct other
  243  audits or engagements of governmental entities as authorized in
  244  subsection (3).
  245         Section 3. Paragraph (a) of subsection (2) of section
  246  216.251, Florida Statutes, is amended to read:
  247         216.251 Salary appropriations; limitations.—
  248         (2)(a) The salary for each position not specifically
  249  indicated in the appropriations acts shall be as provided in one
  250  of the following subparagraphs:
  251         1. Within the classification and pay plans provided for in
  252  chapter 110.
  253         2. Within the classification and pay plans established by
  254  the Board of Trustees for the Florida School for the Deaf and
  255  the Blind of the Department of Education and approved by the
  256  State Board of Education for academic and academic
  257  administrative personnel.
  258         3. Within the classification and pay plan approved and
  259  administered by the Board of Governors or the designee of the
  260  board for those positions in the State University System.
  261         4. Within the classification and pay plan approved by the
  262  President of the Senate and the Speaker of the House of
  263  Representatives, as the case may be, for employees of the
  264  Legislature.
  265         5. Within the approved classification and pay plan for the
  266  judicial branch.
  267         6. Within the classification and pay plans established by
  268  the Board of Trustees for the Frazer Florida School for
  269  Competitive Academics of the Department of Education and
  270  approved by the State Board of Education for academic and
  271  academic administrative personnel.
  272         Section 4. Subsection (2) of section 447.203, Florida
  273  Statutes, is amended to read:
  274         447.203 Definitions.—As used in this part:
  275         (2) “Public employer” or “employer” means the state or any
  276  county, municipality, or special district or any subdivision or
  277  agency thereof which the commission determines has sufficient
  278  legal distinctiveness properly to carry out the functions of a
  279  public employer. With respect to all public employees determined
  280  by the commission as properly belonging to a statewide
  281  bargaining unit composed of State Career Service System
  282  employees or Selected Professional Service employees, the
  283  Governor is deemed to be the public employer; and the Board of
  284  Governors of the State University System, or the board’s
  285  designee, is deemed to be the public employer with respect to
  286  all public employees of each constituent state university. The
  287  board of trustees of a community college is deemed to be the
  288  public employer with respect to all employees of the community
  289  college. The district school board is deemed to be the public
  290  employer with respect to all employees of the school district.
  291  The Board of Trustees of the Florida School for the Deaf and the
  292  Blind is deemed to be the public employer with respect to the
  293  academic and academic administrative personnel of the Florida
  294  School for the Deaf and the Blind. The Board of Trustees of the
  295  Frazer Florida School for Competitive Academics is deemed to be
  296  the public employer with respect to the academic and academic
  297  administrative personnel of the Frazer Florida School for
  298  Competitive Academics. The Governor is deemed to be the public
  299  employer with respect to all employees in the Correctional
  300  Education Program of the Department of Corrections established
  301  pursuant to s. 944.801.
  302         Section 5. Subsection (7) of section 1000.04, Florida
  303  Statutes, is amended to read:
  304         1000.04 Components for the delivery of public education
  305  within the Florida Early Learning-20 education system.—Florida’s
  306  Early Learning-20 education system provides for the delivery of
  307  early learning and public education through publicly supported
  308  and controlled K-12 schools, Florida College System
  309  institutions, state universities and other postsecondary
  310  educational institutions, other educational institutions, and
  311  other educational services as provided or authorized by the
  312  Constitution and laws of the state.
  313         (7) THE FRAZER FLORIDA SCHOOL FOR COMPETITIVE ACADEMICS.
  314  The Frazer Florida School for Competitive Academics is a
  315  component of the delivery of public education within Florida’s
  316  Early Learning-20 education system.
  317         Section 6. Paragraph (e) of subsection (4) of section
  318  1001.20, Florida Statutes, is amended to read:
  319         1001.20 Department under direction of state board.—
  320         (4) The Department of Education shall establish the
  321  following offices within the Office of the Commissioner of
  322  Education which shall coordinate their activities with all other
  323  divisions and offices:
  324         (e) Office of Inspector General.—Organized using existing
  325  resources and funds and responsible for promoting
  326  accountability, efficiency, and effectiveness and detecting
  327  fraud and abuse within school districts, the Florida School for
  328  the Deaf and the Blind, the Frazer Florida School for
  329  Competitive Academics, and Florida College System institutions
  330  in Florida. If the Commissioner of Education determines that a
  331  district school board, the Board of Trustees for the Florida
  332  School for the Deaf and the Blind, the Board of Trustees for the
  333  Frazer Florida School for Competitive Academics, or a Florida
  334  College System institution board of trustees is unwilling or
  335  unable to address substantiated allegations made by any person
  336  relating to waste, fraud, or financial mismanagement within the
  337  school district, the Florida School for the Deaf and the Blind,
  338  the Frazer Florida School for Competitive Academics, or the
  339  Florida College System institution, the office must conduct,
  340  coordinate, or request investigations into such substantiated
  341  allegations. The office shall investigate allegations or reports
  342  of possible fraud or abuse against a district school board made
  343  by any member of the Cabinet; the presiding officer of either
  344  house of the Legislature; a chair of a substantive or
  345  appropriations committee with jurisdiction; or a member of the
  346  board for which an investigation is sought. The office may
  347  investigate allegations or reports of suspected violations of a
  348  student’s, parent’s, or teacher’s rights. The office shall have
  349  access to all information and personnel necessary to perform its
  350  duties and shall have all of its current powers, duties, and
  351  responsibilities authorized in s. 20.055.
  352         Section 7. Section 1011.58, Florida Statutes, is amended to
  353  read:
  354         1011.58 Procedures for legislative budget requests for the
  355  Frazer Florida School for Competitive Academics.—
  356         (1)(a) The legislative budget request of the Frazer Florida
  357  School for Competitive Academics established in s. 1002.351 must
  358  be prepared using the same format, procedures, and timelines
  359  required for the submission of the legislative budget request of
  360  the Department of Education.
  361         (b) The Frazer Florida School for Competitive Academics
  362  shall submit its legislative budget request to the Department of
  363  Education for review and approval. The school must create and
  364  submit to the department an implementation plan before the
  365  department may approve the budget request.
  366         (c) Subsequent to the Department of Education’s approval,
  367  the Commissioner of Education shall include the Frazer Florida
  368  School for Competitive Academics in the department’s legislative
  369  budget request to the State Board of Education, the Governor,
  370  and the Legislature. The legislative budget request and the
  371  appropriation for the Frazer Florida School for Competitive
  372  Academics must be a separate identifiable sum in the public
  373  schools budget entity of the Department of Education.
  374         (d) The annual appropriation for the school shall be
  375  distributed monthly, without using the Florida Education Finance
  376  Program, in payments as nearly equal as possible. Appropriations
  377  for textbooks, instructional technology, and school buses may be
  378  released and distributed as necessary to serve the instructional
  379  program for the students. Transportation of students shall be
  380  provided by the school consistent with the requirements of
  381  subpart E. of part I of chapter 1006 and s. 1012.45.
  382         (2) The school shall submit its fixed capital outlay
  383  request to the Department of Education for review and approval
  384  in accordance with s. 1002.36(4)(f)1. Subsequent to the
  385  department’s approval, the school’s request must be included
  386  within the department’s public education capital outlay
  387  legislative budget request.
  388         Section 8. Section 1011.59, Florida Statutes, is amended to
  389  read:
  390         1011.59 Frazer Florida School for Competitive Academics;
  391  board of trustees; management flexibility.—
  392         (1) Notwithstanding ss. 216.031, 216.181, and 216.262 and
  393  pursuant to s. 216.351, but subject to any guidelines imposed in
  394  the General Appropriations Act, funds for the operation of the
  395  Frazer Florida School for Competitive Academics shall be
  396  requested and appropriated within budget entities, program
  397  components, program categories, lump sums, or special
  398  categories. Funds appropriated to the Frazer Florida School for
  399  Competitive Academics for each program category, lump sum, or
  400  special category may be transferred to traditional categories
  401  for expenditure by the board of trustees of the school. The
  402  board of trustees shall develop an annual operating budget that
  403  allocates funds by program component and traditional expenditure
  404  category.
  405         (2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
  406  but subject to any requirements imposed in the General
  407  Appropriations Act, a lump-sum plan is not required to implement
  408  the special categories, program categories, or lump-sum
  409  appropriations. Upon release of the special categories, program
  410  categories, or lump-sum appropriations to the board of trustees,
  411  the Chief Financial Officer shall, upon the request of the board
  412  of trustees, transfer or reallocate funds to or among accounts
  413  established for disbursement purposes. The board of trustees
  414  shall maintain records to account for the original
  415  appropriation.
  416         (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
  417  216.262 and pursuant to s. 216.351, but subject to any
  418  requirements imposed in the General Appropriations Act, the
  419  board of trustees shall establish the authorized positions and
  420  may amend such positions within the total funds authorized
  421  annually in the General Appropriations Act.
  422         (4) Notwithstanding s. 216.301, all unexpended funds
  423  appropriated for the Frazer Florida School for Competitive
  424  Academics shall be carried forward and included as the balance
  425  forward for that fund in the approved operating budget for the
  426  following year.
  427         Section 9. This act shall take effect July 1, 2024.