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 FrazerFloridaSchool for Competitive 16 Academics.— 17 (1) ESTABLISHMENT.—There is established the FrazerFlorida18 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 FrazerFloridaSchool 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 35FloridaSchool 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 FrazerFloridaSchool for Competitive Academics for 40 consideration for admission. 41 (3) BOARD OF TRUSTEES.— 42 (a)1. The FrazerFloridaSchool 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 59FloridaSchool 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 FrazerFlorida63 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 FrazerFloridaSchool 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 73FloridaSchool 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 FrazerFloridaSchool 113 for Competitive Academics, who mustshallbe school employees, 114 including the personnel. 115 5. Ensure that the FrazerFloridaSchool for Competitive 116 Academics complies with s. 1013.351 concerning the coordination 117 of planning between the FrazerFloridaSchool for Competitive 118 Academics and local governing bodies. 119 6. Ensure that the FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFlorida171 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 FrazerFloridaSchool for Competitive Academics is 177 exempt from all statutes in chapters 1000-1013. However, the 178 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 237FloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool for Competitive Academics is deemed to be 296 the public employer with respect to the academic and academic 297 administrative personnel of the FrazerFloridaSchool 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 FRAZERFLORIDASCHOOL FOR COMPETITIVE ACADEMICS. 314 The FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool for Competitive Academics.— 356 (1)(a) The legislative budget request of the FrazerFlorida357 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 FrazerFloridaSchool 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 FrazerFlorida368 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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 FrazerFloridaSchool 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.