FL
Florida House Bill H0939

Florida 2023 Regular Session

Florida House Bill H0939 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the Florida Scholars Academy; 2
1616 amending s. 20.316, F.S.; conforming provisions to 3
1717 changes made by the act; creating s. 985.619, F.S.; 4
1818 creating the Florida Scholars Academy within the 5
1919 Department of Juvenile Justice; providing the mission 6
2020 of the academy; providing for admission of students; 7
2121 requiring the department to contract for certain 8
2222 services; providing for appointment of a 9
2323 superintendent; providing for appointment of a board 10
2424 of trustees; providing the powers and duties of the 11
2525 board; providing for funding of the academy; requiring 12
2626 an annual audit; amending s. 1000.04, F.S.; providing 13
2727 that the academy is a component of the delivery of 14
2828 public education within Florida's Early Learning -20 15
2929 education system; amending s. 1013.53, F.S.; revising 16
3030 provisions concerning cooperative development of 17
3131 educational facilities in juvenile justice programs; 18
3232 providing an appropriation; providing an effectiv e 19
3333 date. 20
3434 21
3535 Be It Enacted by the Legislature of the State of Florida: 22
3636 23
3737 Section 1. Paragraph (c) of subsection (1) of section 24
3838 20.316, Florida Statutes, is amended to read: 25
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4747 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
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5151 20.316 Department of Juvenile Justice. —There is created a 26
5252 Department of Juveni le Justice. 27
5353 (1) SECRETARY OF JUVENILE JUSTICE. — 28
5454 (c) The Secretary of Juvenile Justice shall: 29
5555 1. Ensure that juvenile justice continuum programs and 30
5656 services are implemented according to legislative intent; state 31
5757 and federal laws, rules, and regulatio ns; statewide program 32
5858 standards; and performance objectives by reviewing and 33
5959 monitoring regional and circuit program operations and providing 34
6060 technical assistance to those programs. 35
6161 2. Identify the need for and recommend the funding and 36
6262 implementation of an appropriate mix of programs and services 37
6363 within the juvenile justice continuum, including prevention, 38
6464 diversion, nonresidential and residential commitment programs, 39
6565 training schools, and conditional release programs and services, 40
6666 with an overlay of edu cational, career and technical education 41
6767 vocational, alcohol, drug abuse, and mental health services 42
6868 where appropriate. 43
6969 3. Oversee the establishment of the Florida Scholars 44
7070 Academy pursuant to s. 985.619. 45
7171 4.3. Provide for program research, development, and 46
7272 planning. 47
7373 5.4. Develop staffing and workload standards and 48
7474 coordinate staff development and training. 49
7575 6.5. Develop budget and resource allocation methodologies 50
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8484 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
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8888 and strategies. 51
8989 7.6. Establish program policies and rules and ensure that 52
9090 those policies and rules encourage cooperation, collaboration, 53
9191 and information sharing with community partners in the juvenile 54
9292 justice system to the extent authorized by law. 55
9393 8.7. Develop funding sources external to state government. 56
9494 9.8. Obtain, approve, monitor , and coordinate research and 57
9595 program development grants. 58
9696 10.9. Enter into contracts. 59
9797 11.10. Monitor all state-funded programs, grants, 60
9898 appropriations, or activities that are designed to prevent 61
9999 juvenile crime, delinquency, gang membership, or status offense 62
100100 behaviors and all state -funded programs, grants, appropriations, 63
101101 or activities that are designed to prevent a child from becoming 64
102102 a "child in need of services," as defined in chapter 984, in 65
103103 order to effect the goals and policies of the State 66
104104 Comprehensive Plan regarding children and regarding governmental 67
105105 efficiency, and in order to determine: 68
106106 a. The number of youth served by such state -funded 69
107107 programs, grants, appropriations, or activities; 70
108108 b. The number of youth who complete such state -funded 71
109109 programs, grants, appropriations, or activities; 72
110110 c. The number and percentage of youth who are referred for 73
111111 delinquency while participating in such state -funded programs, 74
112112 grants, appropriations, or activities; 75
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121121 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
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125125 d. The number and percentage of youth who are referred for 76
126126 delinquency within 6 months after completing such state -funded 77
127127 programs, grants, appropriations, or activities. 78
128128 Section 2. Section 985.619, Florida Statutes, is created 79
129129 to read: 80
130130 985.619 Florida Scholars Academy. — 81
131131 (1)(a) The department shall establish the Florida Scholars 82
132132 Academy within the department to deliver educational 83
133133 opportunities for students serving in residential commitment 84
134134 programs under this chapter. 85
135135 (b) Each residential program site established, authorized, 86
136136 or designated by the department shall be considered a campus of 87
137137 the Florida Scholars Academy. 88
138138 (c) Students sentenced to adult facilities under chapter 89
139139 944 are not eligible to enroll in the Florida Scholars Academy. 90
140140 (2) The mission of the academy is to provide a free and 91
141141 appropriate high-quality education for eligible students within 92
142142 the juvenile justice system and to prepare students for gainful 93
143143 employment as productive citizens upon their reentry into the 94
144144 community. Educational pathways will include a K -12 education, a 95
145145 high school equivalency diploma, a career and technical 96
146146 education credential pursuant to s. 1003.4282(10), and 97
147147 enrollment in a degree program at a state college or university, 98
148148 with an emphasis on attaining an industry -recognized credential 99
149149 of value from the Master Credentials List under s. 100
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158158 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
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162162 445.004(4)(h). 101
163163 (3)(a) The department shall enter into a contractual 102
164164 agreement with an education service provider with a proven track 103
165165 record of success to operate, provide, or supplement full -time 104
166166 instruction and instructional support services for students to 105
167167 earn a high school diploma or high school equivalency diploma, 106
168168 enroll in a degree program at a state college or university, and 107
169169 earn industry-recognized credentials of value from the Master 108
170170 Credentials List. The contracted education service provider 109
171171 shall be responsible for the administration of all educational 110
172172 services to students enrolled in the academy. 111
173173 (b) The secretary shall appoint the superint endent of the 112
174174 Florida Scholars Academy. The superintendent shall be 113
175175 responsible for the management and day -to-day operation of the 114
176176 Florida Scholars Academy. 115
177177 (4)(a) The Florida Scholars Academy shall be governed by a 116
178178 board of trustees. Board members shall serve a term of 4 years. 117
179179 The board shall be composed of five members: 118
180180 1. The secretary of the department or his or her designee. 119
181- 2. Four members appointed by the Governor. 120
182- (b) The board of trustees shall have the following powers 121
183-and duties: 122
184- 1. To meet at least 4 times each yea r, upon the call of 123
185-the chair, or at the request of a majority of the membership. 124
186- 2. To be responsible for the development of an education 125
181+ 2. The superintendent of the Florida Scholars Academy. 120
182+ 3. Three members appointed by the governor. 121
183+ (b) The board of trustees shall have the following powers 122
184+and duties: 123
185+ 1. To meet at least 4 times each year, upon the call of 124
186+the chair, or at the request of a majority of the membership. 125
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195195 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
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199-delivery system by the Florida Scholars Academy's development 126
200-that is cost-effective, high-quality, educationally s ound, and 127
201-sustainable. 128
202- 3. To identify appropriate performance measures and 129
203-standards based on student achievement that reflect the Florida 130
204-Scholars Academy's statutory mission and priorities, and to 131
205-implement an accountability system approved by the Stat e Board 132
206-of Education for the Florida Scholars Academy by the 2024 -2025 133
207-school year that includes an assessment of the academy's 134
208-effectiveness and efficiency in providing quality services that 135
209-encourage high student achievement, seamless articulation, and 136
210-maximum access to career opportunities. For the 2024 -2025 school 137
211-year, the results of the accountability system shall serve as an 138
212-informative baseline for the academy to work toward improved 139
213-performance in future years. 140
214- 4. To administer and maintain the e ducational programs of 141
215-the Florida Scholars Academy in accordance with law and with the 142
216-rules established by the department, in consultation with the 143
217-State Board of Education. 144
218- 5. To determine, with the approval of the secretary or his 145
219-or her designee, the compensation, including salaries and fringe 146
220-benefits, and other conditions of employment for academy 147
221-personnel, in alignment with the Florida Scholars Academy's 148
222-provider contracts. 149
223- 6. To review the hiring of all Florida Scholars Academy 150
199+ 2. To be responsible for the development of an education 126
200+delivery system by the Fl orida Scholars Academy's development 127
201+that is cost-effective, high-quality, educationally sound, and 128
202+sustainable. 129
203+ 3. To identify appropriate performance measures and 130
204+standards based on student achievement that reflect the Florida 131
205+Scholars Academy's statut ory mission and priorities, and to 132
206+implement an accountability system approved by the State Board 133
207+of Education for the Florida Scholars Academy by the 2024 -2025 134
208+school year that includes an assessment of the academy's 135
209+effectiveness and efficiency in provid ing quality services that 136
210+encourage high student achievement, seamless articulation, and 137
211+maximum access to career opportunities. For the 2024 -2025 school 138
212+year, the results of the accountability system shall serve as an 139
213+informative baseline for the academy to work toward improved 140
214+performance in future years. 141
215+ 4. To administer and maintain the educational programs of 142
216+the Florida Scholars Academy in accordance with law and with the 143
217+rules established by the department, in consultation with the 144
218+State Board of Education. 145
219+ 5. To determine, with the approval of the secretary or his 146
220+or her designee, the compensation, including salaries and fringe 147
221+benefits, and other conditions of employment for academy 148
222+personnel, in alignment with the Florida Scholars Academy's 149
223+provider contracts. 150
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232232 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
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236-administrative and instructional personnel, who shall be subject 151
237-to rejection for cause by the secretary or his or her designee 152
238-and shall be subject to policies established by the board of 153
239-trustees. 154
240- 7. To provide for the content and custody of student 155
241-records pursuant to s. 1002.22. 156
242- 8. To maintain the financial records and accounts of the 157
243-Florida Scholars Academy, which shall be maintained under rules 158
244-adopted by the State Board of Education for the uniform system 159
245-of financial records and accounts for the schools of th e state. 160
246- 9. To select a chair. Initially, the secretary or his or 161
247-her designee shall serve as chair. 162
248- (c) Members of the board of trustees shall serve without 163
249-compensation but may be reimbursed for per diem and travel 164
250-expenses pursuant to s. 112.061. 165
251- (d) The board of trustees shall be a body corporate with 166
252-all the powers of a body corporate and such authority as is 167
253-needed for the proper operation and improvement of the Florida 168
254-Scholars Academy. The board of trustees may adopt rules, 169
255-policies, and procedures, consistent with law and the rules of 170
256-the State Board of Education relating to governance, personnel, 171
257-budget and finance, administration, programs, curriculum and 172
258-instruction, travel and purchasing, technology, students, 173
259-contracts and grants, and pr operty as necessary for the optimal 174
260-and efficient operation of the Florida Scholars Academy. 175
236+ 6. To review the hiring of all Florida Scholars Academy 151
237+administrative and instructional personnel, who shall be subject 152
238+to rejection for cause by the secretary or his or her designee 153
239+and shall be subject to policies established by the b oard of 154
240+trustees. 155
241+ 7. To provide for the content and custody of student 156
242+records pursuant to s. 1002.22. 157
243+ 8. To maintain the financial records and accounts of the 158
244+Florida Scholars Academy, which shall be maintained under rules 159
245+adopted by the State Board o f Education for the uniform system 160
246+of financial records and accounts for the schools of the state. 161
247+ 9. To select a chair. Initially, the secretary or his or 162
248+her designee shall serve as chair. 163
249+ (c) Members of the board of trustees shall serve without 164
250+compensation but may be reimbursed for per diem and travel 165
251+expenses pursuant to s. 112.061. 166
252+ (d) The board of trustees shall be a body corporate with 167
253+all the powers of a body corporate and such authority as is 168
254+needed for the proper operation and improvement of the Florida 169
255+Scholars Academy. The board of trustees may adopt rules, 170
256+policies, and procedures, consistent with law and the rules of 171
257+the State Board of Education relating to governance, personnel, 172
258+budget and finance, administration, programs, curriculum and 173
259+instruction, travel and purchasing, technology, students, 174
260+contracts and grants, and property as necessary for the optimal 175
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269269 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
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273- (5) FUNDING.- 176
274- (a)1. Funding for the operational and instructional 177
275-services for all students enrolled in the Florida Scholars 178
276-Academy shall be provided through the General Appropriations 179
277-Act. 180
278- 2. The Florida Scholars Academy shall receive all federal 181
279-funds for which it is eligible. 182
280- (b) The secretary shall prepare and submit a legislative 183
281-budget request on behalf of the Florida Scholars Academy as part 184
282-of the department's legislative budget request. The request of 185
283-funds may be for operation and fixed capital outlay, in 186
284-accordance with chapter 216. 187
285- (c) The fiscal year for the Florida Scholars Academy shall 188
286-be the fiscal year of the state, as defined in s. 216. 011(1)(o). 189
287- (6) The credit of the state may not be pledged on behalf 190
288-of the Florida Scholars Academy. 191
289- (7) ANNUAL AUDIT.— 192
290- (a) The Florida Scholars Academy shall have an annual 193
291-financial audit of its accounts and records conducted by an 194
292-independent auditor who is a certified public accountant 195
293-licensed under chapter 473. The independent auditor shall 196
294-conduct the audit in accordance with rules adopted by the 197
295-Auditor General pursuant to s. 11.45 and, upon completion of the 198
296-audit, shall prepare an audit repor t in accordance with such 199
297-rules. 200
273+and efficient operation of the Florida Scholars Academy. 176
274+ (5) FUNDING.- 177
275+ (a)1. Funding for the operational and instructional 178
276+services for all students enrolled in the Florida Scholars 179
277+Academy shall be provided through the General Appropriations 180
278+Act. 181
279+ 2. The Florida Scholars Academy shall receive all federal 182
280+funds for which it is elig ible. 183
281+ (b) The secretary shall prepare and submit a legislative 184
282+budget request on behalf of the Florida Scholars Academy as part 185
283+of the department's legislative budget request. The request of 186
284+funds may be for operation and fixed capital outlay, in 187
285+accordance with chapter 216. 188
286+ (c) The fiscal year for the Florida Scholars Academy shall 189
287+be the fiscal year of the state, as defined in s. 216.011(1)(o). 190
288+ (6) The credit of the state may not be pledged on behalf 191
289+of the Florida Scholars Academy. 192
290+ (7) ANNUAL AUDIT.— 193
291+ (a) The Florida Scholars Academy shall have an annual 194
292+financial audit of its accounts and records conducted by an 195
293+independent auditor who is a certified public accountant 196
294+licensed under chapter 473. The independent auditor shall 197
295+conduct the audit in accordance with rules adopted by the 198
296+Auditor General pursuant to s. 11.45 and, upon completion of the 199
297+audit, shall prepare an audit report in accordance with such 200
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306306 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
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310- (b) The independent auditor shall submit the audit report 201
311-to the board of trustees and the Auditor General no later than 9 202
312-months after the end of the preceding fiscal year. 203
313- (c) The board of trustees shall respond to re commendations 204
314-included in the audit report or received directly from the 205
315-Auditor General with evidence of corrective action within 45 206
316-days after receipt of the recommendations. 207
317- (8) The department may establish rules to implement this 208
318-section. 209
319- Section 3. Subsection (6) is added to section 1000.04, 210
320-Florida Statutes, to read: 211
321- 1000.04 Components for the delivery of public education 212
322-within the Florida Early Learning -20 education system. —Florida's 213
323-Early Learning-20 education system provides for the deliver y of 214
324-early learning and public education through publicly supported 215
325-and controlled K-12 schools, Florida College System 216
326-institutions, state universities and other postsecondary 217
327-educational institutions, other educational institutions, and 218
328-other educational services as provided or authorized by the 219
329-Constitution and laws of the state. 220
330- (6) THE FLORIDA SCHOLARS ACADEMY. —The Florida Scholars 221
331-Academy is a component of the delivery of public education 222
332-within Florida's Early Learning -20 education system. 223
333- Section 4. Section 1013.53, Florida Statutes, is amended 224
334-to read: 225
310+rules. 201
311+ (b) The independent auditor shall submit the audit report 202
312+to the board of trustees and the Auditor General no later than 9 203
313+months after the end of the preceding fiscal year. 204
314+ (c) The board of trustees shall respond to recommendations 205
315+included in the audit report or received directly from the 206
316+Auditor General with evidence of corrective a ction within 45 207
317+days after receipt of the recommendations. 208
318+ (8) The department may establish rules to implement this 209
319+section. 210
320+ Section 3. Subsection (6) is added to section 1000.04, 211
321+Florida Statutes, to read: 212
322+ 1000.04 Components for the delivery of pub lic education 213
323+within the Florida Early Learning -20 education system. —Florida's 214
324+Early Learning-20 education system provides for the delivery of 215
325+early learning and public education through publicly supported 216
326+and controlled K-12 schools, Florida College Syste m 217
327+institutions, state universities and other postsecondary 218
328+educational institutions, other educational institutions, and 219
329+other educational services as provided or authorized by the 220
330+Constitution and laws of the state. 221
331+ (6) THE FLORIDA SCHOLARS ACADEMY. —The Florida Scholars 222
332+Academy is a component of the delivery of public education 223
333+within Florida's Early Learning -20 education system. 224
334+ Section 4. Section 1013.53, Florida Statutes, is amended 225
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343343 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
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347- 1013.53 Cooperative development of educational facilities 226
348-in juvenile justice programs. — 227
349- (1) The Department of Juvenile Justice shall provide early 228
350-notice to school districts regarding the s iting of new juvenile 229
351-justice detention facilities. School districts shall include the 230
352-projected number of students in the districts' annual estimates. 231
353-School districts must be consulted regarding the types of 232
354-students expected to be assigned to detention commitment 233
355-facilities for education planning and budgeting purposes. 234
356- (2) The Department of Juvenile Justice shall notify, in 235
357-writing, the Department of Education when a request for 236
358-proposals is issued for the construction or operation of a 237
359-commitment or detention facility anywhere in the state. The 238
360-Department of Juvenile Justice shall notify, in writing, the 239
361-appropriate school district when a request for proposals is 240
362-issued for the construction or operation of a commitment or 241
363-detention facility when a cou nty or site is specifically 242
364-identified. 243
365- (3) The Department of Juvenile Justice shall also notify 244
366-the district school superintendent within 30 days after: 245
367- (a) The award of a contract for the construction or 246
368-operation of a commitment or detention facility within that 247
369-school district. 248
370- (b) Obtaining a permit to begin construction of a new 249
371-detention or commitment facility within that school district. 250
347+to read: 226
348+ 1013.53 Cooperative development of educational facilit ies 227
349+in juvenile justice programs. — 228
350+ (1) The Department of Juvenile Justice shall provide early 229
351+notice to school districts regarding the siting of new juvenile 230
352+justice detention facilities. School districts shall include the 231
353+projected number of students in the districts' annual estimates. 232
354+School districts must be consulted regarding the types of 233
355+students expected to be assigned to detention commitment 234
356+facilities for education planning and budgeting purposes. 235
357+ (2) The Department of Juvenile Justice shall no tify, in 236
358+writing, the Department of Education when a request for 237
359+proposals is issued for the construction or operation of a 238
360+commitment or detention facility anywhere in the state. The 239
361+Department of Juvenile Justice shall notify, in writing, the 240
362+appropriate school district when a request for proposals is 241
363+issued for the construction or operation of a commitment or 242
364+detention facility when a county or site is specifically 243
365+identified. 244
366+ (3) The Department of Juvenile Justice shall also notify 245
367+the district school superintendent within 30 days after: 246
368+ (a) The award of a contract for the construction or 247
369+operation of a commitment or detention facility within that 248
370+school district. 249
371+ (b) Obtaining a permit to begin construction of a new 250
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380380 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
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384- Section 5. There is hereby appropriated for the 2023 -2024 251
385-fiscal year from the General Revenue Fund to the Department of 252
386-Juvenile Justice the recurring sum of $12,000,000 for the 253
387-purpose of carrying out the provisions of this act. 254
388- Section 6. This act shall take effect July 1, 2023. 255
384+detention or commitment facility within that school district. 251
385+ Section 5. There is hereby appropriated for the 2023 -2024 252
386+fiscal year from the General Revenue Fund to the Department of 253
387+Juvenile Justice the recurring sum of $12,000,000 for the 254
388+purpose of carrying out the provisions of this act. 255
389+ Section 6. This act shall take effect July 1, 2023. 256