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.