CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 1 of 11 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 effectiv e 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 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 2 of 11 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 Juveni le Justice. 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 regulatio ns; statewide 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 appropriate 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 edu cational, 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 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 3 of 11 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 and strategies. 51 7.6. Establish program policies and rules and ensure that 52 those policies and rules 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 coordinate 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 determine: 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 are referred for 73 delinquency while participating in such state -funded programs, 74 grants, appropriations, or activities; 75 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 4 of 11 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 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 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 5 of 11 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 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 equivalency 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 superint endent 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 Academy. 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 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 6 of 11 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 2. To be responsible for the development of an education 126 delivery system by the Fl orida Scholars Academy's development 127 that is cost-effective, high-quality, educationally sound, and 128 sustainable. 129 3. To identify appropriate performance measures and 130 standards based on student achievement that reflect the Florida 131 Scholars Academy's statut ory 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 2024 -2025 134 school year that includes an assessment of the academy's 135 effectiveness and efficiency in provid ing 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 accordance 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 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 7 of 11 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 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 b oard 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 accounts of the 158 Florida Scholars Academy, which shall be maintained under rules 159 adopted by the State Board o f 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 property as necessary for the optimal 175 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 8 of 11 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 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 elig ible. 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 (6) The credit of the state may not be pledged on behalf 191 of the Florida Scholars Academy. 192 (7) ANNUAL AUDIT.— 193 (a) The Florida Scholars Academy shall have an annual 194 financial audit of its accounts and records conducted by an 195 independent auditor who is a certified public accountant 196 licensed under chapter 473. The independent auditor shall 197 conduct the audit in accordance with rules adopted by the 198 Auditor General pursuant to s. 11.45 and, upon completion of the 199 audit, shall prepare an audit report in accordance with such 200 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 9 of 11 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 rules. 201 (b) The independent auditor shall submit the audit report 202 to the board of trustees and the Auditor General no later than 9 203 months after the end of the preceding fiscal year. 204 (c) The board of trustees shall respond to recommendations 205 included in the audit report or received directly from the 206 Auditor General with evidence of corrective a ction within 45 207 days after receipt of the recommendations. 208 (8) The department may establish rules to implement this 209 section. 210 Section 3. Subsection (6) is added to section 1000.04, 211 Florida Statutes, to read: 212 1000.04 Components for the delivery of pub lic education 213 within the Florida Early Learning -20 education system. —Florida's 214 Early Learning-20 education system provides for the delivery of 215 early learning and public education through publicly supported 216 and controlled K-12 schools, Florida College Syste m 217 institutions, state universities and other postsecondary 218 educational institutions, other educational institutions, and 219 other educational services as provided or authorized by the 220 Constitution and laws of the state. 221 (6) THE FLORIDA SCHOLARS ACADEMY. —The Florida Scholars 222 Academy is a component of the delivery of public education 223 within Florida's Early Learning -20 education system. 224 Section 4. Section 1013.53, Florida Statutes, is amended 225 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 10 of 11 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 to read: 226 1013.53 Cooperative development of educational facilit ies 227 in juvenile justice programs. — 228 (1) The Department of Juvenile Justice shall provide early 229 notice to school districts regarding the siting of new juvenile 230 justice detention facilities. School districts shall include the 231 projected number of students in the districts' annual estimates. 232 School districts must be consulted regarding the types of 233 students expected to be assigned to detention commitment 234 facilities for education planning and budgeting purposes. 235 (2) The Department of Juvenile Justice shall no tify, in 236 writing, the Department of Education when a request for 237 proposals is issued for the construction or operation of a 238 commitment or detention facility anywhere in the state. The 239 Department of Juvenile Justice shall notify, in writing, the 240 appropriate school district when a request for proposals is 241 issued for the construction or operation of a commitment or 242 detention facility when a county or site is specifically 243 identified. 244 (3) The Department of Juvenile Justice shall also notify 245 the district school superintendent within 30 days after: 246 (a) The award of a contract for the construction or 247 operation of a commitment or detention facility within that 248 school district. 249 (b) Obtaining a permit to begin construction of a new 250 CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-02-c2 Page 11 of 11 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 detention or commitment facility within that school district. 251 Section 5. There is hereby appropriated for the 2023 -2024 252 fiscal year from the General Revenue Fund to the Department of 253 Juvenile Justice the recurring sum of $12,000,000 for the 254 purpose of carrying out the provisions of this act. 255 Section 6. This act shall take effect July 1, 2023. 256