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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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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 and to prepare students for gainful 93
employment as productive citizens upon their reentry into the 94
community. Educational pathways will include a K -12 education, a 95
high school equivalency diploma, a career and technical 96
education credential pursuant to s. 1003.4282(10), and 97
enrollment in a degree program at a state college or university, 98
with an emphasis on attaining an industry -recognized credential 99
of value from the Master Credentials List under s. 100
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445.004(4)(h). 101
(3)(a) The department shall enter into a contractual 102
agreement with an education service provider with a proven track 103
record of success to operate, provide, or supplement full -time 104
instruction and instructional support services for students to 105
earn a high school diploma or high school equ ivalency diploma, 106
enroll in a degree program at a state college or university, and 107
earn industry-recognized credentials of value from the Master 108
Credentials List. The contracted education service provider 109
shall be responsible for the administration of all educational 110
services to students enrolled in the academy. 111
(b) The secretary shall appoint the superintendent of the 112
Florida Scholars Academy. The superintendent shall be 113
responsible for the management and day -to-day operation of the 114
Florida Scholars Acad emy. 115
(4)(a) The Florida Scholars Academy shall be governed by a 116
board of trustees. Board members shall serve a term of 4 years. 117
The board shall be composed of five members: 118
1. The secretary of the department or his or her designee. 119
2. The superintendent of the Florida Scholars Academy. 120
3. Three members appointed by the governor. 121
(b) The board of trustees shall have the following powers 122
and duties: 123
1. To meet at least 4 times each year, upon the call of 124
the chair, or at the request of a majority of the membership. 125
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2. To be responsible for the development of an education 126
delivery system by the Florida Scholars Academy's development 127
that is cost-effective, high-quality, educationally sound, and 128
sustainable. 129
3. To identify appropriate performanc e measures and 130
standards based on student achievement that reflect the Florida 131
Scholars Academy's statutory mission and priorities, and to 132
implement an accountability system approved by the State Board 133
of Education for the Florida Scholars Academy by the 2 024-2025 134
school year that includes an assessment of the academy's 135
effectiveness and efficiency in providing quality services that 136
encourage high student achievement, seamless articulation, and 137
maximum access to career opportunities. For the 2024 -2025 school 138
year, the results of the accountability system shall serve as an 139
informative baseline for the academy to work toward improved 140
performance in future years. 141
4. To administer and maintain the educational programs of 142
the Florida Scholars Academy in accorda nce with law and with the 143
rules established by the department, in consultation with the 144
State Board of Education. 145
5. To determine, with the approval of the secretary or his 146
or her designee, the compensation, including salaries and fringe 147
benefits, and other conditions of employment for academy 148
personnel, in alignment with the Florida Scholars Academy's 149
provider contracts. 150
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6. To review the hiring of all Florida Scholars Academy 151
administrative and instructional personnel, who shall be subject 152
to rejection for cause by the secretary or his or her designee 153
and shall be subject to policies established by the board of 154
trustees. 155
7. To provide for the content and custody of student 156
records pursuant to s. 1002.22. 157
8. To maintain the financial records and acco unts of the 158
Florida Scholars Academy, which shall be maintained under rules 159
adopted by the State Board of Education for the uniform system 160
of financial records and accounts for the schools of the state. 161
9. To select a chair. Initially, the secretary or his or 162
her designee shall serve as chair. 163
(c) Members of the board of trustees shall serve without 164
compensation but may be reimbursed for per diem and travel 165
expenses pursuant to s. 112.061. 166
(d) The board of trustees shall be a body corporate with 167
all the powers of a body corporate and such authority as is 168
needed for the proper operation and improvement of the Florida 169
Scholars Academy. The board of trustees may adopt rules, 170
policies, and procedures, consistent with law and the rules of 171
the State Board of Education relating to governance, personnel, 172
budget and finance, administration, programs, curriculum and 173
instruction, travel and purchasing, technology, students, 174
contracts and grants, and pr operty as necessary for the optimal 175
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and efficient operation of the Florida Scholars Academy. 176
(5) FUNDING.- 177
(a)1. Funding for the operational and instructional 178
services for all students enrolled in the Florida Scholars 179
Academy shall be provided through the General Appropriations 180
Act. 181
2. The Florida Scholars Academy shall receive all federal 182
funds for which it is eligible. 183
(b) The secretary shall prepare and submit a legislative 184
budget request on behalf of the Florida Scholars Academy as part 185
of the department's legislative budget request. The request of 186
funds may be for operation and fixed capital outlay, in 187
accordance with chapter 216. 188
(c) The fiscal year for the Florida Scholars Academy shall 189
be the fiscal year of the state, as defined in s. 216. 011(1)(o). 190
(d) Notwithstanding the provisions of s. 216.301 and 191
pursuant to s. 216.351, all unexpended funds appropriated for 192
the Florida Scholars Academy shall be carried forward and 193
included as the balance forward for that fund in the approved 194
operating budget for the following year. 195
(e)1. The Florida Scholars Academy shall maintain a 196
minimum general fund ending fund balance of 3 percent that is 197
sufficient to address normal contingencies. 198
2. If at any time the portion of the general fund's ending 199
fund balance not classified as restricted, committed, or 200
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nonspendable in the Florida Scholars Academy's approved 201
operating budget is projected to fall below 2 percent of 202
projected general fund revenues during the current fiscal year, 203
the secretary or his or her designee shall provide written 204
notification to the Commissioner of Education. Within 14 days 205
after receiving such notification, if the commissioner 206
determines that the Florida Scholars Academy does not have a 207
plan that is reasonably anticipated to avoi d a financial 208
emergency as determined pursuant to s. 218.503, the commissioner 209
shall appoint a financial emergency board that shall operate 210
under the requirements, powers, and duties specified in s. 211
218.503(3)(g). 212
(6) The credit of the state may not be p ledged on behalf 213
of the Florida Scholars Academy. 214
(7) ANNUAL AUDIT.— 215
(a) The Florida Scholars Academy shall have an annual 216
financial audit of its accounts and records conducted by an 217
independent auditor who is a certified public accountant 218
licensed under chapter 473. The independent auditor shall 219
conduct the audit in accordance with rules adopted by the 220
Auditor General pursuant to s. 11.45 and, upon completion of the 221
audit, shall prepare an audit report in accordance with such 222
rules. 223
(b) The independent auditor shall submit the audit report 224
to the board of trustees and the Auditor General no later than 9 225
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months after the end of the preceding fiscal year. 226
(c) The board of trustees shall respond to recommendations 227
included in the audit report or receive d directly from the 228
Auditor General with evidence of corrective action within 45 229
days after receipt of the recommendations. 230
(8) The department may establish rules to implement this 231
section. 232
Section 3. Subsection (6) is added to section 1000.04, 233
Florida Statutes, to read: 234
1000.04 Components for the delivery of public education 235
within the Florida Early Learning -20 education system. —Florida's 236
Early Learning-20 education system provides for the delivery of 237
early learning and public education through publ icly supported 238
and controlled K-12 schools, Florida College System 239
institutions, state universities and other postsecondary 240
educational institutions, other educational institutions, and 241
other educational services as provided or authorized by the 242
Constitution and laws of the state. 243
(6) THE FLORIDA SCHOLARS ACADEMY. —The Florida Scholars 244
Academy is a component of the delivery of public education 245
within Florida's Early Learning -20 education system. 246
Section 4. Section 1013.53, Florida Statutes, is amended 247
to read: 248
1013.53 Cooperative development of educational facilities 249
in juvenile justice programs. — 250
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(1) The Department of Juvenile Justice shall provide early 251
notice to school districts regarding the siting of new juvenile 252
justice detention facilities. School districts shall include the 253
projected number of students in the districts' annual estimates. 254
School districts must be consulted regarding the types of 255
students expected to be assigned to detention commitment 256
facilities for education planning and budg eting purposes. 257
(2) The Department of Juvenile Justice shall notify, in 258
writing, the Department of Education when a request for 259
proposals is issued for the construction or operation of a 260
commitment or detention facility anywhere in the state. The 261
Department of Juvenile Justice shall notify, in writing, the 262
appropriate school district when a request for proposals is 263
issued for the construction or operation of a commitment or 264
detention facility when a county or site is specifically 265
identified. 266
(3) The Department of Juvenile Justice shall also notify 267
the district school superintendent within 30 days after: 268
(a) The award of a contract for the construction or 269
operation of a commitment or detention facility within that 270
school district. 271
(b) Obtaining a perm it to begin construction of a new 272
detention or commitment facility within that school district. 273
Section 5. There is hereby appropriated for the 2023 -2024 274
fiscal year from the General Revenue Fund to the Department of 275
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Juvenile Justice the recurring sum of $12,000,000 for the 276
purpose of carrying out the provisions of this act. 277
Section 6. This act shall take effect July 1, 2023. 278