This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0939.CRJ
DATE: 3/9/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 939 Florida Scholars Academy
SPONSOR(S): Jacques
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Leshko Hall
2) Justice Appropriations Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Florida’s Early Learning-20 education system provides for the delivery of early learning and public education
through publicly supported and controlled K-12 schools, Florida College System institutions, state universities
and other postsecondary educational institutions, other educational institutions, and other educational service.
The public K-12 schools provide instruction for students in Department of Juvenile Justice (DJJ) programs.
Section 20.316, F.S., establishes the DJJ, and directs the Governor to appoint a Secretary of DJJ (Secretary)
who is responsible for planning, coordinating, and managing all juvenile justice services and programs within
the juvenile justice continuum. The court that has jurisdiction of an adjudicated delinquent child may commit
the child to a DJJ minimum-risk nonresidential, nonsecure residential, high-risk residential, or maximum-risk
residential program. Such commitment must be for the purpose of exercising active control over the child,
including, but not limited to, custody, care, training, monitoring for substance abuse, electronic monitoring, and
treatment of the child and release of the child from residential commitment into the community in a
postcommitment nonresidential conditional release program.
The Department of Education (DOE) serves as the lead agency providing coordination and oversight of
juvenile justice education programs, curriculum, support services, and resources. Students who do not attend a
local public school due to their placement in a DJJ detention, prevention, residential, or day treatment program
are provided educational programs by the local school district in which the DJJ facility is located or by a
provider through a contract with the local school district. The district school board makes provisions for each
student to participate in basic, career and professional education, and exceptional student programs, as
appropriate. Currently, district school boards directly provide nearly 60 percent of the educational services in
residential programs and contract with private providers to serve the remaining sites and students.
HB 939 creates s. 985.619, F.S., to require DJJ to establish the Florida Scholars Academy (Academy) to
deliver educational opportunities to students serving in residential commitment programs. The bill requires DJJ
to contract with an education service provider to provide instructional support services for students to earn a
high school diploma or high school equivalency diploma, pursue the career and technical education graduation
pathway option, enroll in a degree program at a state college or university, or earn industry-recognized
credentials of value from the Master Credentials List. The bill creates a five-member board of trustees (Board)
to govern the Academy. The bill provides specified powers and duties of the Board. The bill grants both the
Board and DJJ rulemaking authority and requires the Academy to comply with specified accounting and
auditing requirements. The bill appropriates the recurring sum of $12 million, beginning in the 2023-2024 fiscal
year, from the General Revenue Fund to DJJ to establish the Academy.
The bill amends s. 20.316, F.S., to direct the Secretary to oversee the establishment of the Academy and
amends s. 1000.04, F.S., to include the Academy as a component of the delivery of public education within
Florida’s Early Learning-20 education system.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h0939.CRJ PAGE: 2
DATE: 3/9/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida’s Early Learning-20 Education System
Florida’s Early Learning-20 education system was crafted to provide for a state system of schools,
courses, classes, and educational institutions and services adequate to allow all Florida’s students the
opportunity to obtain a high-quality education.
1
The system provides for the delivery of early learning
and public education through publicly supported and controlled K-12 schools, Florida College System
institutions, state universities and other postsecondary educational institutions, other educational
institutions, and other educational services as provided or authorized by the Constitution and laws of
the state.
2
Public K-12 schools provide 13 consecutive years of instruction, beginning with
kindergarten, and also provide instruction for students with disabilities, gifted students, limited English
proficient students, and students in Department of Juvenile Justice (DJJ) programs.
3
The funds for
support and maintenance of the public K-12 schools is derived from state, district, federal, and other
lawful sources or combinations of sources, including any fees charged nonresidents as provided by
law.
4
Department of Juvenile Justice
Section 20.316, F.S., establishes the DJJ, and directs the Governor to appoint a Secretary of DJJ
(Secretary) who is responsible for planning, coordinating, and managing all juvenile justice services
and programs within the juvenile justice continuum. The juvenile justice continuum includes all:
children-in-need-of-services programs; families-in-need-of-services programs; other prevention, early
intervention, and diversion programs; detention centers and related programs and facilities; community-
based residential commitment and nonresidential programs; and delinquency institutions provided or
funded by DJJ.
5
The Secretary must perform specified duties relating to DJJ programs and services,
including, but not limited to:
Ensuring DJJ programs and services are implemented according to legislative intent; state and
federal laws, rules, and regulations; statewide program standards; and performance objectives
by reviewing and monitoring regional and circuit program operations and providing technical
assistance to those programs.
Identifying the need for and recommending the funding and implementation of an appropriate
mix of programs and services within the juvenile justice continuum, including prevention,
diversion, nonresidential and residential commitment programs, training schools, and
conditional release programs and services, with an overlay of educational, vocational, alcohol,
drug abuse, and mental health services where appropriate.
Establishing program policies and rules and ensuring that those policies and rules encourage
cooperation, collaboration, and information sharing with community partners in the juvenile
justice system to the extent authorized by law.
6
Juvenile Commitment
1
S. 1000.01(3), F.S.
2
S. 1000.04, F.S.
3
S. 1000.01(4), F.S.
4
Id.
5
S. 20.316(1)(a-b), F.S.
6
S. 20.316(1)(c), F.S. STORAGE NAME: h0939.CRJ PAGE: 3
DATE: 3/9/2023
The court that has jurisdiction of an adjudicated delinquent child may commit the child to a DJJ
minimum-risk nonresidential, nonsecure residential, high-risk residential, or maximum-risk residential
program.
7
Such commitment must be for the purpose of exercising active control over the child,
including, but not limited to, custody, care, training, monitoring for substance abuse, electronic
monitoring, and treatment of the child and release of the child from residential commitment into the
community in a postcommitment nonresidential conditional release program.
8
Restrictiveness Levels
Minimum-risk nonresidential programs work with youth who remain in and have full access to the
community and participate at least five days a week in a day treatment program.
9
Nonsecure residential programs are residential but may allow youth to have supervised access to the
community. Facilities at this commitment level are either environmentally secure, staff secure, or are
hardware-secure with walls, fencing, or locking doors.
10
High-risk residential programs are residential and do not allow youth to have access to the community,
except that temporary release providing community access for up to 72 continuous hours may be
approved by a court for a youth who has made successful progress in his or her program in order for
the youth to attend a family emergency or, during the final 60 days of his or her placement, to visit his
or her home, enroll in school or a career and technical education program, complete a job interview, or
participate in a community service project. High-risk residential facilities are hardware-secure with
perimeter fencing and locking doors.
11
Maximum-risk residential programs include juvenile correctional facilities and juvenile prisons. The
programs at this commitment level are long-term residential and do not allow youth to have access to
the community. Facilities at this commitment level are maximum-custody, hardware-secure with
perimeter security fencing and locking doors.
12
In each residential program 24-hour awake supervision, custody, care, and treatment of residents is
provided.
13
Department of Juvenile Justice Education Services
The Department of Education (DOE) serves as the lead agency providing coordination and oversight of
juvenile justice education programs,
14
curriculum, support services, and resources. DOE serves in
tandem with DJJ through designated Coordinators from each agency to resolve issues not addressed
by district school boards and to provide participation in:
Training, collaborating, and coordinating with district school boards, local workforce
developmental boards, and local youth councils, education contract providers, and juvenile
justice providers, whether state operated or contracted.
Collecting information on the academic, career and professional education (CAPE), and
transition performance of students in juvenile justice programs and reporting on the results.
7
Ss. 985.441(1)(b) and 985.03(44), F.S.
8
S. 985.441(1)(b), F.S.
9
S. 985.03(44)(a), F.S.
10
S. 985.03(44)(b), F.S.
11
S. 985.03(44)(c), F.S.
12
S. 985.03(44)(d), F.S.
13
S. 985.03(44), F.S.
14
Juvenile justice education programs or schools operate for the purpose of providing educational services to youth in DJJ programs
for a school year comprised of 250 days of instruction distributed over 12 months. At the request of the provider, a district school board
may decrease the minimum number of days of instruction by up to 10 days for teacher planning for residential programs and up to 20
days for teacher planning for nonresidential programs, subject to the approval of the DJJ and the Department of Education. A provider
is DJJ, the sheriff, or a private, public, or other governmental organization under contract with either DJJ or the sheriff that provides
treatment, care and custody, or educational programs for youth in juvenile justice intervention, detention, or commitment programs. S.
1003.01(11)(a) and (b), F.S. STORAGE NAME: h0939.CRJ PAGE: 4
DATE: 3/9/2023
Developing academic and CAPE protocols that provide guidance to district school boards and
juvenile justice education providers in all aspects of education programming, including records
transfer and transition.
Implementing a joint accountability, program performance, and program improvement
process.
15
Each year, DOE and DJJ develop a cooperative agreement and plan for juvenile justice education
service enhancement that includes, at a minimum, each agency’s role regarding education program
accountability, technical assistance, training, and coordination of services. The agreement and plan are
submitted to the Secretary and the Commissioner of Education (Commissioner).
16
Students who do not attend a local public school due to their placement in a DJJ detention, prevention,
residential, or day treatment program are provided educational programs by the local school district in
which the DJJ facility is located or by a provider through a contract with the local school district.
17
The
district school board makes provisions for each student to participate in basic, CAPE, and exceptional
student programs, as appropriate. Each student shall have access to the appropriate courses and
instruction to prepare them for the high school equivalency examination. School districts are required to
provide the high school equivalency examination exit option for all juvenile justice education
programs.
18
Currently, school districts directly provide nearly 60 percent of the educational services in
DJJ residential programs and contract with private providers to serve the remaining sites and
students.
19
DOE, with the assistance of the district school boards and juvenile justice education providers, must
select a common student assessment instrument and protocol for measuring student learning gains
and student progression while a student is in a juvenile justice education program. DOE and DJJ must
jointly review the effectiveness of this assessment and implement any necessary changes.
20
Each district school board must negotiate a cooperative agreement with DJJ regarding the delivery of
educational programming to DJJ students. Such an agreement must include provisions that address
certain issues, such as:
Curriculum and delivery of instruction;
Classroom management procedures and attendance policies;
Procedures for provision of qualified instructional personnel;
Improving skills in teaching and working with juvenile delinquents;
Transition plans for students moving into and out of juvenile facilities; and
Deficiencies found through the quality assurance process and strategies for correcting such
deficiencies.
21
Residential juvenile justice education programs with a contracted minimum length of stay of:
Nine months must provide CAPE courses that lead to preapprentice certifications and industry
certifications.
Less than nine months may provide career education courses that lead to preapprentice
certifications and CAPE industry certifications.
Less than 40 days may be limited to tutorial remediation activities, career employability skills
instruction, education counseling, and transition services that prepare students for a return to
school, the community, and their home settings based on the student’s needs.
22
15
S. 1003.52(1), F.S.
16
Id.
17
Juvenile justice education programs are subject to the rules of the State Board of Education. S. 1003.52(2), F.S.
18
S. 1003.52(3)(a-c), F.S.
19
DJJ, HB 939 Agency Legislative Bill Analysis, p. 2 (2023)(on file with the House Criminal Justice Subcommittee).
20
S. 1003.52(3)(d), F.S.
21
S. 1003.52(14), F.S.
22
S. 1003.52(5), F.S. STORAGE NAME: h0939.CRJ PAGE: 5
DATE: 3/9/2023
Funding for eligible students enrolled in juvenile justice education programs is provided through the
Florida Education Finance Program (FEFP).
23
FEFP is the primary mechanism for funding the
operating costs of Florida school districts. FEFP is a funding formula that bases financial support for
education upon the individual student participating in a particular educational program rather than upon
the number of teachers or classrooms.
24
Effect of Proposed Changes
HB 939 creates s. 985.619, F.S., to require DJJ to establish the Florida Scholars Academy (Academy)
within DJJ to deliver educational opportunities to students serving in residential commitment programs.
Students sentenced to adult facilities are not eligible to enroll in the Academy. Under the bill, each
residential program site established, authorized, or designated by DJJ is considered a campus of the
Academy.
The bill requires DJJ to contract with an education service provider with a proven track record of
success to operate, provide, or supplement full-time instruction and instructional support services for
students to earn a high school diploma or high school equivalency diploma, pursue the career and
technical education graduation pathway option pursuant to s. 1003.4282(10), F.S.,
25
enroll in a degree
program at a state college or university, or earn industry-recognized credentials of value from the
Master Credentials List under s. 445.004(4)(h), F.S.
26
Under the bill, the contracted education service
provider is responsible for the administration of all educational services to students enrolled in the
Academy. The bill requires the Secretary to appoint a superintendent of the Academy, who will be
responsible for the management and day-to-day operation of the Academy.
The bill requires the Academy to be governed by a five-member board of trustees (Board), comprised
of:
The Secretary or his or her designee.
The Academy superintendent.
Three members appointed by the Governor.
The bill specifies the Board has the following powers and duties:
Meet at least four times each year, upon the call of the chair or at the request of a majority of
the membership.
Be responsible for the development of an education delivery system provided by the Academy
that is cost-effective, high-quality, educationally sound, and sustainable.
Identify appropriate performance measures and standards based on student achievement.
Implement an accountability system approved by the State Board of Education for the school by
the 2024-2025 school year that includes an assessment of the academy’s effectiveness and
efficiency in providing quality services that encourage high student achievement, seamless
matriculation, and maximum access to career opportunities.
Administer and maintain the Academy educational programs in consultation with the State
Board of Education.
Determine the compensation, including salaries and fringe benefits, and other conditions of
employment for personnel, with the approval of the Secretary or his or her designee.
Review the hiring of all Academy administrative and instructional personnel, who shall be
subject to rejection by cause by the Secretary or his or her designee and subject to policies
established by the Board.
23
Ss. 1003.52(12) and 1011.62 F.S.
24
Office of Program Policy Analysis and Government Accountability, Florida Education Finance Program,
https://oppaga.fl.gov/ProgramSummary/BackPageDetail?programNumber=2002&backPageNumber=01 (last visited Mar. 8, 2023).
25
A student is eligible to complete an alternative pathway to earning a standard high school diploma through the Career and Technical
Education (CTE) pathway option. The CTE pathway option requires the student to complete at least 18 credits with a cumulative grade
point average of 2.0 and meet other coursework requirements. S. 1003.4282(10), F.S.
26
Credentials included are: registered apprenticeship programs, industry certifications, licenses, advanced technical certificates,
college credit certificates, career certificates, applied technology diplomas, associate degrees, baccalaureate degrees, and graduate
degrees. S. 445.004(4)(h), F.S. STORAGE NAME: h0939.CRJ PAGE: 6
DATE: 3/9/2023
Provide for the content and custody of student records pursuant to s. 1002.22, F.S.
27
Maintain the Academy’s financial records and accounts.
Select a chair. Initially, the Secretary or his or her designee must serve as chair.
Under the bill, Board members must serve without compensation, but may be reimbursed for per diem
and travel expenses pursuant to s. 112.061, F.S.
28
The bill authorizes the Board to adopt rules, policies, and procedures, consistent with law and the rules
of the State Board of Education, relating to governance, personnel, budget and finance, administration,
programs, curriculum and instruction, travel and purchasing, technology, students, contracts and
grants, and property as necessary for the optimal and efficient operation of the Academy.
The bill requires funding for the operational and instructional services for all students enrolled in the
Academy to be provided through the General Appropriation Act. Under the bill, the Secretary must
prepare and submit a legislative budget request on behalf of the Academy as part of DJJ’s larger
legislative budget request. The request of funds may be for operation and fixed capital outlay. The bill
provides the Academy’s fiscal year will run from July 1 to June 30.
Notwithstanding ss. 216.301 and 216.351, F.S.,
29
any unexpended funds appropriated for the Academy
must be carried forward for the following year. The bill requires the Academy to maintain a minimum
general fund ending fund balance of 3 percent that is sufficient to address normal contingencies. If at
any time the portion of the general fund’s ending fund balance not classified as restricted, committed, or
nonspendable in the Academy’s approved operating budget is projected to fall below 2 percent of
projected general fund revenues during the current fiscal year, the Secretary or his or her designee
must provide written notification to the Commissioner. Within 14 days after receiving such notification, if
the Commissioner determines that the Academy does not have a plan that is reasonably anticipated to
avoid a financial emergency as determined pursuant to s. 218.503, F.S.,
30
the Commissioner shall
appoint a financial emergency board that must operate under the requirements, powers, and duties
specified under s. 218.503(3)(g), F.S.
31
The bill prohibits the credit of the State from being pledged on
behalf of the Academy.
The bill requires the Academy to be audited annually by an independent certified licensed accountant.
The audit report must be submitted to the Board and Auditor General no later than nine months after
the end of the preceding fiscal year, and must include a written statement from the Board describing
corrective action to be taken in response to each of the independent auditor’s recommendations.
The bill amends s. 20.316, F.S., to direct the Secretary to oversee the establishment of the Academy.
The bill also amends s. 1000.04, F.S., to include the Academy as a component of the delivery of public
education within Florida’s Early Learning-20 education system.
27
In order to maintain the eligibility of public educational institutions and agencies to receive federal funds and participate in federal
programs, the State Board of Education must comply with the federal Family Educational Rights and Privacy Act with respect to
education records created, maintained, or used by public educational institutions and agencies. S. 1002.22(2), F.S.
28
Establishes standard travel reimbursement rates, procedures, and limitations applicable to all public officers, employees, and
authorized persons whose travel is authorized and paid by a public agency. S. 112.061, F.S.
29
Relating to undisbursed appropriations balances and subsequent inconsistent laws, respectively.
30
A financial emergency occurs when there is a: 1) failure to pay short-term loan, make bond debt service, or pay other long-term debt
payments within the same fiscal year is which they are due as a result of lack of funds; 2) failure to pay uncontested claims from
creditors within 90 days after the claim is presented as a result of lack of funds; 3) failure to transfer taxes withheld on the income of
employees or transfer employer and employee contributions for federal social security or any pension, retirement, or benefit plan of an
employee, due to a lack of funds; or 4) failure to pay wages and salaries owed to employees or retirement benefits owed to former
employees for one pay period due to lack of funds. S. 218.503(1), F.S.
31
A financial emergency board may: 1) review records, reports, and assets of the entity as need; 2) consult with officials and auditors of
the entity and the appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial
procedures, and reports of the entity into compliance with state requirements; 3) review the operations, management efficiency,
productivity, and financing of functions and operations of the entity; and 4) consult with other governmental entities for the consolidation
of all administrative direction and support services, including, but not limited to, services for asset sales, economic and community
development, building inspections, parks and recreation, facilities management, engineering and construction, insurance coverage, risk
management, planning and zoning, information systems, fleet management, and purchasing. The recommendations made by the
financial emergency board must be submitted to the Commissioner of Education. S. 218.503(3)(g), F.S. STORAGE NAME: h0939.CRJ PAGE: 7
DATE: 3/9/2023
Finally, the bill appropriates a recurring sum of $12 million, beginning in the 2023-2024 fiscal year, from
the General Revenue Fund to DJJ to establish the Academy.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 20.316, F.S., relating to the Department of Juvenile Justice.
Section 2: Creates s. 985.619, F.S., relating to the Florida Scholars Academy.
Section 3: Amends s. 1000.04, F.S., relating to components for the delivery of public education within
the Florida Early Learning-20 education system.
Section 4: Amends s. 1013.53, F.S., relating to cooperative development of educational facilities in
juvenile justice programs.
Section 5: Provides an appropriation.
Section 6: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate positive impact on the private sector as the bill allows for DJJ to
contract with an education service provider, which may be a private entity.
D. FISCAL COMMENTS:
The bill may have an indeterminate impact on state government as district school boards will no longer
be applying for or receiving FEFP funding for educational services within DJJ residential programs and
the Florida Scholars Academy will receive an annually recurring $12 million appropriation from the
General Revenue Fund.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other: STORAGE NAME: h0939.CRJ PAGE: 8
DATE: 3/9/2023
None.
B. RULE-MAKING AUTHORITY:
Grants the Florida Scholars Academy Board the authority to make rules, consistent with law and the
rules of the State Board of Education, relating to governance, personnel, budget and finance,
administration, programs, curriculum and instruction, travel and purchasing, technology, students,
contracts and grants, and property. Additionally, the bill grants DJJ rulemaking authority to establish the
Academy as authorized in the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES