Florida 2023 2023 Regular Session

Florida House Bill H0939 Comm Sub / Bill

Filed 03/22/2023

                       
 
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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     
 
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 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     
 
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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     
 
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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 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     
 
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 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     
 
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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 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     
 
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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 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     
 
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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     
 
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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     
 
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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