CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 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 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 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 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 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 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, ga ng 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 po licies 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 c omplete 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/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 Acad emy.— 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 establish ed, 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 t he 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 pathway s 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/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 suppleme nt 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 t he 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 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. Four members appointed by the Governor. 120 (b) The board of trustees shall have the following powers 121 and duties: 122 1. To meet at least 4 times each yea r, upon the call of 123 the chair, or at the request of a majority of the membership. 124 2. To be responsible for the development of an education 125 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 delivery system by the Florida Scholars Academy's development 126 that is cost-effective, high-quality, educationally s ound, and 127 sustainable. 128 3. To identify appropriate performance measures and 129 standards based on student achievement that reflect the Florida 130 Scholars Academy's statutory mission and priorities, and to 131 implement an accountability system approved by the Stat e Board 132 of Education for the Florida Scholars Academy by the 2024 -2025 133 school year that includes an assessment of the academy's 134 effectiveness and efficiency in providing quality services that 135 encourage high student achievement, seamless articulation, and 136 maximum access to career opportunities. For the 2024 -2025 school 137 year, the results of the accountability system shall serve as an 138 informative baseline for the academy to work toward improved 139 performance in future years. 140 4. To administer and maintain the e ducational programs of 141 the Florida Scholars Academy in accordance with law and with the 142 rules established by the department, in consultation with the 143 State Board of Education. 144 5. To determine, with the approval of the secretary or his 145 or her designee, the compensation, including salaries and fringe 146 benefits, and other conditions of employment for academy 147 personnel, in alignment with the Florida Scholars Academy's 148 provider contracts. 149 6. To review the hiring of all Florida Scholars Academy 150 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 administrative and instructional personnel, who shall be subject 151 to rejection for cause by the secretary or his or her designee 152 and shall be subject to policies established by the board of 153 trustees. 154 7. To provide for the content and custody of student 155 records pursuant to s. 1002.22. 156 8. To maintain the financial records and accounts of the 157 Florida Scholars Academy, which shall be maintained under rules 158 adopted by the State Board of Education for the uniform system 159 of financial records and accounts for the schools of th e state. 160 9. To select a chair. Initially, the secretary or his or 161 her designee shall serve as chair. 162 (c) Members of the board of trustees shall serve without 163 compensation but may be reimbursed for per diem and travel 164 expenses pursuant to s. 112.061. 165 (d) The board of trustees shall be a body corporate with 166 all the powers of a body corporate and such authority as is 167 needed for the proper operation and improvement of the Florida 168 Scholars Academy. The board of trustees may adopt rules, 169 policies, and procedures, consistent with law and the rules of 170 the State Board of Education relating to governance, personnel, 171 budget and finance, administration, programs, curriculum and 172 instruction, travel and purchasing, technology, students, 173 contracts and grants, and pr operty as necessary for the optimal 174 and efficient operation of the Florida Scholars Academy. 175 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 (5) FUNDING.- 176 (a)1. Funding for the operational and instructional 177 services for all students enrolled in the Florida Scholars 178 Academy shall be provided through the General Appropriations 179 Act. 180 2. The Florida Scholars Academy shall receive all federal 181 funds for which it is eligible. 182 (b) The secretary shall prepare and submit a legislative 183 budget request on behalf of the Florida Scholars Academy as part 184 of the department's legislative budget request. The request of 185 funds may be for operation and fixed capital outlay, in 186 accordance with chapter 216. 187 (c) The fiscal year for the Florida Scholars Academy shall 188 be the fiscal year of the state, as defined in s. 216. 011(1)(o). 189 (6) The credit of the state may not be pledged on behalf 190 of the Florida Scholars Academy. 191 (7) ANNUAL AUDIT.— 192 (a) The Florida Scholars Academy shall have an annual 193 financial audit of its accounts and records conducted by an 194 independent auditor who is a certified public accountant 195 licensed under chapter 473. The independent auditor shall 196 conduct the audit in accordance with rules adopted by the 197 Auditor General pursuant to s. 11.45 and, upon completion of the 198 audit, shall prepare an audit repor t in accordance with such 199 rules. 200 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 (b) The independent auditor shall submit the audit report 201 to the board of trustees and the Auditor General no later than 9 202 months after the end of the preceding fiscal year. 203 (c) The board of trustees shall respond to re commendations 204 included in the audit report or received directly from the 205 Auditor General with evidence of corrective action within 45 206 days after receipt of the recommendations. 207 (8) The department may establish rules to implement this 208 section. 209 Section 3. Subsection (6) is added to section 1000.04, 210 Florida Statutes, to read: 211 1000.04 Components for the delivery of public education 212 within the Florida Early Learning -20 education system. —Florida's 213 Early Learning-20 education system provides for the deliver y of 214 early learning and public education through publicly supported 215 and controlled K-12 schools, Florida College System 216 institutions, state universities and other postsecondary 217 educational institutions, other educational institutions, and 218 other educational services as provided or authorized by the 219 Constitution and laws of the state. 220 (6) THE FLORIDA SCHOLARS ACADEMY. —The Florida Scholars 221 Academy is a component of the delivery of public education 222 within Florida's Early Learning -20 education system. 223 Section 4. Section 1013.53, Florida Statutes, is amended 224 to read: 225 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 1013.53 Cooperative development of educational facilities 226 in juvenile justice programs. — 227 (1) The Department of Juvenile Justice shall provide early 228 notice to school districts regarding the s iting of new juvenile 229 justice detention facilities. School districts shall include the 230 projected number of students in the districts' annual estimates. 231 School districts must be consulted regarding the types of 232 students expected to be assigned to detention commitment 233 facilities for education planning and budgeting purposes. 234 (2) The Department of Juvenile Justice shall notify, in 235 writing, the Department of Education when a request for 236 proposals is issued for the construction or operation of a 237 commitment or detention facility anywhere in the state. The 238 Department of Juvenile Justice shall notify, in writing, the 239 appropriate school district when a request for proposals is 240 issued for the construction or operation of a commitment or 241 detention facility when a cou nty or site is specifically 242 identified. 243 (3) The Department of Juvenile Justice shall also notify 244 the district school superintendent within 30 days after: 245 (a) The award of a contract for the construction or 246 operation of a commitment or detention facility within that 247 school district. 248 (b) Obtaining a permit to begin construction of a new 249 detention or commitment facility within that school district. 250 CS/CS/CS/HB 939 2023 CODING: Words stricken are deletions; words underlined are additions. hb0939-03-c3 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 Section 5. There is hereby appropriated for the 2023 -2024 251 fiscal year from the General Revenue Fund to the Department of 252 Juvenile Justice the recurring sum of $12,000,000 for the 253 purpose of carrying out the provisions of this act. 254 Section 6. This act shall take effect July 1, 2023. 255