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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Florida Scholars Academy; 2
amending s. 20.316, F.S.; conforming provisions to 3
changes made by the act; creating s. 985.619, F.S.; 4
creating the Florida Scholars Academy within the 5
Department of Juvenile Justice; providing the mission 6
of the academy; providing for admission of students; 7
requiring the department to contract for certain 8
services; providing for appointment of a 9
superintendent; providing for appointment of a board 10
of trustees; providing the powers and duties of the 11
board; providing for funding of the academy; requiring 12
an annual audit; amending s. 1000.04, F.S.; providing 13
that the academy is a component of the delivery of 14
public education within Florida's Early Learning -20 15
education system; amending s. 1013.53, F.S.; revising 16
provisions concerning cooperative development of 17
educational facilities in juvenile justice programs; 18
providing an appropriation; providing an effective 19
date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Paragraph (c) of subsection (1) of section 24
20.316, Florida Statutes, is amended to read: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20.316 Department of Juvenile Justice. —There is created a 26
Department of Juvenile Justic e. 27
(1) SECRETARY OF JUVENILE JUSTICE. — 28
(c) The Secretary of Juvenile Justice shall: 29
1. Ensure that juvenile justice continuum programs and 30
services are implemented according to legislative intent; state 31
and federal laws, rules, and regulations; state wide program 32
standards; and performance objectives by reviewing and 33
monitoring regional and circuit program operations and providing 34
technical assistance to those programs. 35
2. Identify the need for and recommend the funding and 36
implementation of an appro priate mix of programs and services 37
within the juvenile justice continuum, including prevention, 38
diversion, nonresidential and residential commitment programs, 39
training schools, and conditional release programs and services, 40
with an overlay of educational, career and technical education 41
vocational, alcohol, drug abuse, and mental health services 42
where appropriate. 43
3. Oversee the establishment of the Florida Scholars 44
Academy pursuant to s. 985.619. 45
4.3. Provide for program research, development, and 46
planning. 47
5.4. Develop staffing and workload standards and 48
coordinate staff development and training. 49
6.5. Develop budget and resource allocation methodologies 50
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and strategies. 51
7.6. Establish program policies and rules and ensure that 52
those policies and r ules encourage cooperation, collaboration, 53
and information sharing with community partners in the juvenile 54
justice system to the extent authorized by law. 55
8.7. Develop funding sources external to state government. 56
9.8. Obtain, approve, monitor, and coo rdinate research and 57
program development grants. 58
10.9. Enter into contracts. 59
11.10. Monitor all state-funded programs, grants, 60
appropriations, or activities that are designed to prevent 61
juvenile crime, delinquency, gang membership, or status offense 62
behaviors and all state -funded programs, grants, appropriations, 63
or activities that are designed to prevent a child from becoming 64
a "child in need of services," as defined in chapter 984, in 65
order to effect the goals and policies of the State 66
Comprehensive Plan regarding children and regarding governmental 67
efficiency, and in order to determin e: 68
a. The number of youth served by such state -funded 69
programs, grants, appropriations, or activities; 70
b. The number of youth who complete such state -funded 71
programs, grants, appropriations, or activities; 72
c. The number and percentage of youth who ar e referred for 73
delinquency while participating in such state -funded programs, 74
grants, appropriations, or activities; 75
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d. The number and percentage of youth who are referred for 76
delinquency within 6 months after completing such state -funded 77
programs, grants, appropriations, or activities. 78
Section 2. Section 985.619, Florida Statutes, is created 79
to read: 80
985.619 Florida Scholars Academy. — 81
(1)(a) The department shall establish the Florida Scholars 82
Academy within the department to deliver educational 83
opportunities for students serving in residential commitment 84
programs under this chapter. 85
(b) Each residential program site established, authorized, 86
or designated by the department shall be considered a campus of 87
the Florida Scholars Academy. 88
(c) Students sentenced to adult facilities under chapter 89
944 are not eligible to enroll in the Florida Scholars Academy. 90
(2) The mission of the academy is to provide a free and 91
appropriate high-quality education for eligible students within 92
the juvenile justice system. The academy shall provide students 93
with greater access to secondary and postsecondary educational 94
opportunities than is presently available, including pathways to 95
attain a high school diploma, including the career and technical 96
education graduation pathway option pursuant to s. 97
1003.4282(10), a high school equivalency diploma, enroll in a 98
degree program at a state college or university, and earn an 99
industry-recognized credential of value from the Master 100
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Credentials List under s. 445.004(4)(h), to pr epare students for 101
gainful employment as productive citizens upon their exit from 102
the juvenile justice system. 103
(3)(a) The department shall enter into a contractual 104
agreement with an education service provider with a proven track 105
record of success to ope rate, provide, or supplement full -time 106
instruction and instructional support services for students to 107
earn a high school diploma or high school equivalency diploma, 108
enroll in a degree program at a state college or university, and 109
earn industry-recognized credentials of value from the Master 110
Credentials List. The contracted education service provider 111
shall be responsible for the administration of all educational 112
services to students enrolled in the academy. 113
(b) The secretary shall appoint the superintenden t of the 114
Florida Scholars Academy. The superintendent shall be 115
responsible for the management and day -to-day operation of the 116
Florida Scholars Academy. 117
(4)(a) The Florida Scholars Academy shall be governed by a 118
board of trustees. Board members shall serv e a term of 4 years. 119
The board shall be composed of five members: 120
1. The secretary of the department or his or her designee. 121
2. The superintendent of the Florida Scholars Academy. 122
3. Three members appointed by the governor. 123
(b) The board of truste es shall have the following powers 124
and duties: 125
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1. Meet at least 4 times each year, upon the call of the 126
chair, or at the request of a majority of the membership. 127
2. Be responsible for the development of an education 128
delivery system by the Florida Schol ars Academy's development 129
that is cost-effective, high-quality, educationally sound, and 130
sustainable. 131
3.a. Identify appropriate performance measures and 132
standards based on student achievement that reflect the school's 133
statutory mission and priorities, an d shall implement an 134
accountability system approved by the State Board of Education 135
for the school by the 2024 -2025 school year that includes an 136
assessment of the academy's effectiveness and efficiency in 137
providing quality services that encourage high stud ent 138
achievement, seamless articulation, and maximum access to career 139
opportunities. 140
b. For the 2024-2025 school year, the results of the 141
accountability system shall serve as an informative baseline for 142
the academy to work toward improved performance in future years. 143
4. Administer and maintain the educational programs of the 144
Florida Scholars Academy in accordance with law and with the 145
rules established by the department, in consultation with the 146
State Board of Education. 147
5. With the approval of the se cretary or his or her 148
designee, determine the compensation, including salaries and 149
fringe benefits, and other conditions of employment for such 150
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personnel, in alignment with the Florida Scholars Academy's 151
provider contracts. 152
6. Review the hiring of all Fl orida Scholars Academy 153
administrative and instructional personnel, shall be subject to 154
rejection for cause by the secretary or his or her designee and 155
shall be subject to policies established by the board of 156
trustees. 157
7. Provide for the content and custo dy of student records 158
pursuant to s. 1002.22. 159
8. Maintain the financial records and accounts of the 160
Florida Scholars Academy shall be maintained under rules adopted 161
by the State Board of Education for the uniform system of 162
financial records and accounts for the schools of the state. 163
9. Select a chair. Initially, the secretary or his or her 164
designee shall serve as chair. 165
(c) Members of the board of trustees shall serve without 166
compensation but may be reimbursed for per diem and travel 167
expenses pursuant to s. 112.061. 168
(d) The board of trustees shall be a body corporate with 169
all the powers of a body corporate and such authority as is 170
needed for the proper operation and improvement of the Florida 171
Scholars Academy. The board of trustees may adopt rules, 172
policies, and procedures, consistent with law and the rules of 173
the State Board of Education relating to governance, personnel, 174
budget and finance, administration, programs, curriculum and 175
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instruction, travel and purchasing, technology, students, 176
contracts and grants, and property as necessary for optimal, 177
efficient operation of the Florida Scholars Academy. 178
(5) FUNDING.- 179
(a)1. Funding for the operational and instructional 180
services for all students enrolled in the Florida Scholars 181
Academy shall be provided through the General Appropriations 182
Act. 183
2. The Florida Scholars Academy shall receive all federal 184
funds for which it is eligible. 185
(b) The secretary shall prepare and submit a legislative 186
budget request on behalf of the Florida Scholars Academ y as part 187
of the department's legislative budget request. The request of 188
funds may be for operation and fixed capital outlay, in 189
accordance with chapter 216. 190
(c) The fiscal year for the Florida Scholars Academy shall 191
be the fiscal year of the state, as defined in s. 216.011(1)(o). 192
(d) Notwithstanding the provisions of s. 216.301 and 193
pursuant to s. 216.351, all unexpended funds appropriated for 194
the Florida Scholars Academy shall be carried forward and 195
included as the balance forward for that fund in the approved 196
operating budget for the following year. 197
(e)1. The Florida Scholars Academy shall maintain a 198
minimum general fund ending fund balance of 3 percent that is 199
sufficient to address normal contingencies. 200
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2. If at any time the portion of the genera l fund's ending 201
fund balance not classified as restricted, committed, or 202
nonspendable in the Florida Scholars Academy's approved 203
operating budget is projected to fall below 2 percent of 204
projected general fund revenues during the current fiscal year, 205
the secretary or his or her designee shall provide written 206
notification to the Commissioner of Education. Within 14 days 207
after receiving such notification, if the commissioner 208
determines that the Florida Scholars Academy does not have a 209
plan that is reasonably a nticipated to avoid a financial 210
emergency as determined pursuant to s. 218.503, the commissioner 211
shall appoint a financial emergency board that shall operate 212
under the requirements, powers, and duties specified in s. 213
218.503(3)(g). 214
(6) The credit of the state may not be pledged on behalf 215
of the Florida Scholars Academy. 216
(7) ANNUAL AUDIT.— 217
(a) The Florida Scholars Academy shall have an annual 218
financial audit of its accounts and records conducted by an 219
independent auditor who is a certified public accoun tant 220
licensed under chapter 473. The independent auditor shall 221
conduct the audit in accordance with rules adopted by the 222
Auditor General pursuant to s. 11.45 and, upon completion of the 223
audit, shall prepare an audit report in accordance with such 224
rules. The audit report must include a written statement by the 225
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board of trustees describing corrective action to be taken in 226
response to each of the independent auditor's recommendations 227
included in the audit report. 228
(b) The independent auditor shall submit the audit report 229
to the board of trustees and the Auditor General no later than 9 230
months after the end of the preceding fiscal year. 231
(8) The department may establish rules to implement this 232
section. 233
Section 3. Subsection (6) is added to section 1000.04, 234
Florida Statutes, to read: 235
1000.04 Components for the delivery of public education 236
within the Florida Early Learning -20 education system. —Florida's 237
Early Learning-20 education system provides for the delivery of 238
early learning and public education through publicly supported 239
and controlled K-12 schools, Florida College System 240
institutions, state universities and other postsecondary 241
educational institutions, other educational institutions, and 242
other educational services as provided or authorized by the 243
Constitution and laws of the state. 244
(6) THE FLORIDA SCHOLARS ACADEMY. —The Florida Scholars 245
Academy is a component of the delivery of public education 246
within Florida's Early Learning -20 education system. 247
Section 4. Section 1013.53, Florida Statutes, is ame nded 248
to read: 249
1013.53 Cooperative development of educational facilities 250
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in juvenile justice programs. — 251
(1) The Department of Juvenile Justice shall provide early 252
notice to school districts regarding the siting of new juvenile 253
justice detention facilities. School districts shall include the 254
projected number of students in the districts' annual estimates. 255
School districts must be consulted regarding the types of 256
students expected to be assigned to detention commitment 257
facilities for education planning and budgeting purposes. 258
(2) The Department of Juvenile Justice shall notify, in 259
writing, the Department of Education when a request for 260
proposals is issued for the construction or operation of a 261
commitment or detention facility anywhere in the state. The 262
Department of Juvenile Justice shall notify, in writing, the 263
appropriate school district when a request for proposals is 264
issued for the construction or operation of a commitment or 265
detention facility when a county or site is specifically 266
identified. 267
(3) The Department of Juvenile Justice shall also notify 268
the district school superintendent within 30 days after: 269
(a) The award of a contract for the construction or 270
operation of a commitment or detention facility within that 271
school district. 272
(b) Obtaining a permit to begin construction of a new 273
detention or commitment facility within that school district. 274
Section 5. There is hereby appropriated for the 2023 -2024 275
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fiscal year from the General Revenue Fund to the Department of 276
Juvenile Justice the recurring sum of $12,000,000 for the 277
purpose of carrying out the provisions of this act. 278
Section 6. This act shall take effect July 1, 2023. 279