This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1393.CIS
DATE: 3/23/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1393 Florida School for Competitive Academics
SPONSOR(S): Snyder
TIED BILLS: None. IDEN./SIM. BILLS: SB 1386
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee Dixon Sleap
2) PreK-12 Appropriations Subcommittee
3) Education & Employment Committee
SUMMARY ANALYSIS
The bill establishes the Florida School for Competitive Academics (FSCA) as a public school in Alachua
County for students in grades 6-12, to be admitted starting in the 2024-2025 school year. The school is
intended to provide a rigorous academic curriculum, and to prepare students for regional, state, and national
academic competitions in all areas of study, including, but not limited to, science, technology, engineering, and
mathematics.
The bill establishes a board of trustees to govern the FSCA, appointed by the Governor and confirmed by the
Senate. The board of trustees is authorized to manage, maintain, support, and control the FSCA. Specific
authority includes, but is not limited to, admissions, personnel, purchasing, school safety, budgets, and
records.
The FSCA is exempted from Florida Statutes in the same manner as charter schools, and is subject to
financial and operational audits by the Auditor General in the same manner as other public educational
institutions.
The bill has an indeterminate but significant fiscal impact on state government expenditures. See Fiscal
Analysis.
The bill has an effective date of July 1, 2023.
STORAGE NAME: h1393.CIS PAGE: 2
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Background
Florida’s Early Learning-20 Education System
Florida’s Early Learning-20 education system includes 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. These include:
1
The Voluntary Prekindergarten Education Program and the school readiness program.
Public K-12 schools, which include charter schools and consist of kindergarten classes;
elementary, middle, and high school grades and special classes; virtual instruction programs;
workforce education; career centers; adult, part-time, and evening schools, courses, or classes,
as authorized by law to be operated under the control of district school boards; and lab schools
operated under the control of state universities.
Public postsecondary educational institutions, which include workforce education; Florida
College System institutions; state universities; and all other state-supported postsecondary
educational institutions that are authorized and established by law.
The Florida School for the Deaf and the Blind.
2
The Florida Virtual School.
3
Advanced Academic Public Schools in Florida
Florida offers a number of public school options for academically talented students, for example:
The Pine View School, established in 1969 in Sarasota County, serves intellectually gifted
students in grades 2-12. Its mission is to provide a qualitatively different learning environment
that nurtures a passion for intellectual curiosity, encourages risk taking, independence and
innovation, and is committed to a tradition of academic excellence and social responsibility.
Children are admitted based on a series of tests, recommendations, and other pertinent
admissions data. These are reviewed by a committee of teachers and other personnel. The
basic curriculum conforms to local and state requirements as expressed in accreditation
standards and the officially approved programs of studies.
4
Stanton College Preparatory School opened in 1981 in Duval County as the district’s first
magnet school. The school serves grades 9-12, with a mission to provide a rigorous academic
program of all advanced academic courses supplemented by philanthropic, artistic, and forensic
activities. Stanton consistently ranks first in the county and in the top three in the state for the
number of National Merit Semi-Finalists.
5
The School for Advanced Studies (SAS) is a nationally recognized collegiate high school of
excellence, a combined effort between Miami-Dade County Public Schools and Miami Dade
College. Students attending SAS complete their last two years of high school while they obtain
a two-year Associate in Arts degree from Miami Dade College. The opportunity for acceleration
and enrichment attracts motivated and academically talented students. SAS provides its
students with a rich and rigorous liberal arts education with many of its students specializing in
science, technology, engineering, and mathematics (STEM). SAS was recently recognized by
1
Section 1000.04, F.S.
2
See also, Section 1002.36, F.S.
3
See also, Section 1002.37, F.S.
4
Pine View School, About Pine View School, https://www.sarasotacountyschools.net/domain/1447 (last visited Mar. 23, 2023).
5
School for Advanced Studies, About Us, https://sasdreamfactory.org/apps/pages/index.jsp?uREC_ID=473938&type=d (last visited
Mar. 23, 2023). STORAGE NAME: h1393.CIS PAGE: 3
DATE: 3/23/2023
U.S. News and World Report and the "Best High School in Florida" and the "Fifth Best High
School in the United States."
6
Admissions is based on a variety of factors including GPA,
attendance record, and college placement test scores.
7
Buchholz High School (BHS) in Alachua county has won 14 national championships in 15
years at the National Mu Alpha Theta
8
Competition. The team broke records by winning a total
of 304 trophies, with many of the team members earning first-place awards. The team has
taken first place in 32 out of 39 national competitions.
9
Other States Advanced Academic Public Schools
Other states have public schools that offer specialized advanced academic instruction. The Alabama
School of Mathematics and Science was founded in 1989 as a public residential high school in Mobile,
Alabama. While the school is located in Mobile, the recruitment of candidates for the school
encompasses the state’s 67 counties, serving sophomores, juniors and seniors. The mission of the
school is to provide academically motivated Alabama students with exceptional preparations in the
fields of math and science, empowering them to improve their community, state, and nation.
10
North Carolina has the North Carolina School of Science and Mathematics founded in 1980 as a public
residential school with campuses in Durham and Morganton, North Carolina. In addition, the school
offers an online component for admitted 11
th
and 12
th
graders to supplement their local high school
education. The school is part of the University of North Carolina system and is open to high school
juniors and seniors across North Carolina. The school provides an intellectually stimulating, diverse,
inclusive, and collaborative community, which among other criteria, offers challenging programs, with
an emphasis in STEM.
11
Local Education Agencies
Charter schools, like traditional public schools, receive federal education funding through such
programs as Title I of the Elementary and Secondary Education Act (Title I)
12
and the Individuals with
Disabilities Education Act. (IDEA).
13
Typically, these programs are structured so that funding flows from
the federal government to a state educational agency,
14
which then awards subgrants to local
education agencies (LEA) within the state.
15
Each federal education funding program has unique policy goals and program requirements. A LEA
must submit a separate application and implementation plan for each federal program.
16
LEAs must
have the personnel and infrastructure necessary to maintain financial, procurement, and inventory
management systems that meet federal requirements.
17
LEAs must also comply with record keeping
6
School for Advanced Studies, About Us, https://sasdreamfactory.org/apps/pages/index.jsp?uREC_ID=473938&type=d (last visited
Mar. 22, 2023).
7
Id.
8
Mu Alpha Theta, the National High School and Two-Year College Mathematics Honor Society is dedicated to inspiring a keen
interest in mathematics, developing strong scholarship in the subject, and promoting the enjoyment of mathematics in high school and
two-year college students. Currently, more than 100,000 students are Mu Alpha Theta members at more than 2,420 schools in the
United States and in 23 foreign countries. Mu Alpha Theta, About Us, https://mualphatheta.org/about-us (last visited Mar. 22, 2023).
9
The Gainesville Sun, Buchholz High School takes home 14th national math championship win in 15-year span,
https://www.gainesville.com/story/news/2022/07/19/buchholz-high-school-wins-14th-national-championship/10089688002/ (last
visited Mar. 22, 2023).
10
The Alabama School of Math and Science, available at https://www.asms.net/about (last visited Mar. 22, 2023). See also, ALA.
CODE § 16-26A-3 (2016).
11
North Carolina School of Science and Mathematics, available at https://www.ncssm.edu/ (last visited Mar. 22, 2023).
12
20 U.S.C. s. 6301 et. seq.
13
20 U.S.C. s. 1400 et. seq.; s. 1002.33(17)(c)-(d), F.S.
14
The Florida Department of Education is Florida’s state educational agency for federal funding purposes. See 20 U.S.C. s. 1412(a).
15
See 20 U.S.C. ss. 1412(a) and 1413(a).
16
See, e.g., 20 U.S.C. s. 6312 (local education agency Title I plans).
17
34 C.F.R. s. 76.702 and 2 C.F.R. 200.302-200.308 (financial management); 2 C.F.R. s. 200.318 (procurement management); 2
C.F.R. ss. 200.313 and 200.314 (inventory management). STORAGE NAME: h1393.CIS PAGE: 4
DATE: 3/23/2023
and annual financial and performance accountability reporting requirements.
18
A LEA that fails to
comply with the terms of a federal grant may be subject to withholding, suspension, or termination of
grant funds or designated as a “high risk” grantee.
19
Grant recipients who commit fraud may be
debarred or suspended from participation in all federally funded programs.
20
Each state determines which entities may serve as LEAs.
21
In most cases, Florida’s school districts are
the LEA for district public schools, including charter schools. Federal education funds are received by
the school district, which then distributes to the charter school its proportionate share of funding.
22
Effect of Proposed Changes
The bill establishes the Florida School for Competitive Academics (FSCA) in Alachua County as a
state-supported public school for Florida residents in grades 6-12 and modifies the Florida Early
Learning-20 public education system to include the FSCA.
The bill states that the primary purpose of the FSCA is to provide a rigorous academic curriculum, and
the secondary purpose is to prepare students for regional, state, and national academic competitions in
all areas of study, such as, science, technology, engineering, and mathematics. The school may admit
students in grades 6-12 beginning in the 2024-2025 school year.
The bill also establishes the mission of the FSCA to provide students who meet selective admissions
requirements an environment that will foster high academic engagement and advanced understanding
of subject areas, develop productive work habits, build resiliency, connect students with industry
leaders, and promote civic leadership.
To assist in the recruitment of students to the FSCA, the bill requires the Commissioner of Education
(commissioner) to ensure all eligible students are informed of the FSCA. The commissioner must
inform parents of public school students that they may provide their child’s student records to the
FSCA’s board of trustees for recruitment purposes.
Board of Trustees
The bill provides for the FSCA to be governed by a board of trustees. The bill establishes that the
FSCA board of trustees will be composed of seven members appointed by the Governor to 4-year
terms and confirmed by the Senate. For purposes of staggering terms, four members, including the
chair as designated by the Governor, will be appointed to 4-year terms beginning July 1, 2023, and
three members will be appointed to 2-year terms beginning July 1, 2023. After the initial 4-year term,
the chair will be elected by the board. The bill specifies that no more than one employee of the school
may serve on the board of trustees as a member or as chairman. The members of the board of trustees
serve without compensation, but may be reimbursed for per diem and travel expenses.
The bill specifies that the board of trustees is established as a public agency entitled to sovereign
immunity, and the members as public officers who bear fiduciary responsibility for the FSCA. As a
corporation, the board of trustees is authorized by the bill to operate and manage the FSCA. Gifts,
donations, or bequests to the FSCA are under the jurisdiction of the board of trustees; all other property
and assets are under the jurisdiction of the SBE.
The bill establishes the powers and authority of the board of trustees, that include:
18
34 C.F.R. s. 76.702 and 2 C.F.R ss. 200.318, 200.313, 200.314, and 200.334 (fiscal, procurement, and inventory management
records); 2 C.F.R. ss. 200.328-200.330 (financial reporting).
19
2 C.F.R. ss 200.339-343 (noncompliance with grant terms); 2 C.F.R. s. 200.206 (high-risk grantees).
20
2 C.F.R. s. 200.339
21
Federal law broadly defines the term LEA to include state boards of education, state departments of education, local school boards,
cities, counties, political subdivisions, public postsecondary institutions, or any other public entities that a state’s law authorizes to
administer public elementary and secondary schools. See, e.g., 34 C.F.R. s. 77.1.
22
Section 1002.33(17)(c), F.S. STORAGE NAME: h1393.CIS PAGE: 5
DATE: 3/23/2023
Adopting rules for the operation of the school that comply with state law and must be submitted
to the SBE for approval.
Appointing and removing a principal, administrators, teachers, and other employees.
Determining eligibility of students and procedures for admission.
Providing for the proper keeping of accounts and records and for budgeting of funds.
Receiving gifts, donations, and bequests of money or property, real or personal, tangible or
intangible, from any person, firm, corporation, or other legal entity for the use and benefit of the
school.
Recommending to the Legislature for the school to become a residential public school.
Performing every other matter or thing requisite to the proper management, maintenance,
support, and control of the school at the highest efficiency economically possible.
Having a stand-alone law enforcement agency.
After receiving approval from the Administration Commission, exercising the power of eminent
domain in the manner as provided in law.
The bill also requires the board of trustees to:
Prepare and submit legislative budget requests for operations and fixed capital outlay to the
Department of Education (DOE) for review and approval. The DOE will analyze the request for
fixed capital outlay to determine if the request is consistent with the school’s campus master
plan, educational plant survey, and facilities master plan.
Approve and administer an annual operating budget in accordance with law.
Require all purchases to be in accordance requirements in law, except for purchases made with
funds received as gifts, donations, or bequests or funds raised by or belonging to student clubs
or student organizations.
Administer and maintain personnel programs for all employees of the board of trustees and the
FSCA, who shall be school employees, including the personnel.
Ensure that the FSCA complies with laws concerning the coordination of planning between the
FSCA and local governing bodies.
Ensure that the FSCA complies with laws concerning per diem and travel expenses.
Adopt a master plan that specifies the objectives of the FSCA. The plan must be for a period of
5 years and must be reviewed for needed modifications every 2 years. The board of trustees
must submit the initial plan and subsequent modifications to the President of the Senate and the
Speaker of the House of Representatives.
Student and Employee Records
The bill requires the board of trustees to provide for the content and custody of student records subject
to current law regarding education records in accordance with the Family Educational Rights and
Privacy Act (FERPA). The board of trustees must maintain employee records subject to current law
regarding public school personnel files, which include all records, information, data, or materials
uniquely applicable to that employee whether maintained in one or more locations.
Personnel
The FSCA board of trustees and all employees and applicants for employment must undergo a Level 2
background screening similar to the requirement for all public school personnel who seek an educator
certificate. The bill specifies that an individual may not be employed as an employee or contract
personnel of the FSCA or serve as a member of the board of trustees if the individual is on the
disqualification list maintained by the DOE.
The bill requires the FSCA board of trustees to administer and maintain personnel programs for all
employees, which must include:
Rules, policies, and procedures related to the appointment, employment, and removal of
personnel.
Compensation, including salaries and fringe benefits, and other conditions of employment for
such personnel. STORAGE NAME: h1393.CIS PAGE: 6
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A requirement that classroom teachers employed by the school must be certified.
A requirement that each person employed by the board of trustees in an academic
administrative or instructional capacity with the FSCA is entitled to a contract as provided by
rules of the board of trustees.
A requirement that all employees except temporary, seasonal, and student employees may be
provided Florida Retirement System benefits from the school through operational costs.
The bill makes conforming changes to other statutes regarding personnel authority by the FSCA board
of trustees.
The bill includes the Florida School for Competitive Academics (FSCA) in the selected exempt class for
academic and administrative personnel, and specifies that, like the FSDB, salaries are set not by the
Department of Management Services (DMS) but by FSCA board of trustees, subject to approval by the
State Board of Education (SBE).
Currently, DMS maintains a classification and compensation program addressing Career Service,
Selected Exempt Service, and Senior Management Service positions.
23
The list of members who are
exempted from career service are specified in law, and include all officers and employees of the state
universities and the academic personnel and academic administrative personnel of the Florida School
for the Deaf and the Blind (FSDB). The salaries for academic personnel and academic administrative
personnel of the FSDB are set by the board of trustees for the FSDB, subject only to the approval of the
SBE.
24
The bill specifies that FSCA salaries are provided within the classification and pay plans established by
the board of trustees for the FSCA and approved by the SBE for academic and academic
administrative personnel.
Salary rates are currently provided in the General Appropriations Act (GAA).
25
Those salary rates not
listed in the GAA are provided in DMS classification programs, in a classification plan by the board of
trustees of the FSDB and approved by the SBE, with the Board of Governors of the State University
System, with the Legislature, or with the judicial branch.
26
The bill specifies that the board of trustees of the FSCA is deemed to be the public employer with
respect to the academic and academic administrative personnel of the FSCA.
The Florida Constitution deems collective bargaining is a constitutional right afforded to public
employees
27
in Florida.
28
Through collective bargaining, public employees collectively negotiate with
their public employer in the determination of the terms and conditions of their employment.
29
Educational institution public employers include:
30
The Board of Governors of the State University System for all public employees of each
constituent state university.
The board of trustees of a community college for all employees of the community college.
The district school board for all employees of the school district.
The Board of Trustees of the Florida School for the Deaf and the Blind for the academic and
administrative personnel of the Florida School for the Deaf and the Blind.
23
Section 110.2035(1), F.S.
24
Section 110.205(2)(d), F.S.
25
Section 216.251(1), F.S.
26
Section 216.251(2), F.S.
27
“Public employee” means any person employed by a public employer except: Governor appointees; elected officials; members of
boards and commissions; those in an organized militia; negotiating representatives; specified persons associated with the Public
Employee Relations Commission; employees of the Florida Legislature; inmates; inspector positions for federal or state fruit and
vegetable inspection service; and undergraduate students at a state university. Section 447.203(3), F.S.
28
FLA. CONST. Art. I, s. 6.
29
Section 447.301(2), F.S.
30
Section 447.203(2), F.S. STORAGE NAME: h1393.CIS PAGE: 7
DATE: 3/23/2023
The Governor for all employees in the Correctional Education Program of the Department of
Corrections.
Funding
The bill specifies that the FSCA must receive state funds for operating purposes as provided in the
GAA. The bill does not establish the FSCA as a special school district, so it is likely the FSCA will
receive funds similar to the Florida School for the Deaf and the Blind rather than as an allocation
through the Florida Education Finance Program based on the full-time enrollment of its students. In
addition to the funds provided in the GAA, the bill authorizes the FSCA to receive other funds from
grants and donations.
Since the school is created as a public school independent of any school district, the school will be
responsible for complying with federal requirements for federal funds.
Audits and Investigations
The bill requires the Auditor General to conduct audits of the accounts and records of the FSCA as
provided in law. In addition, the bill provides for the DOE’s Inspector General to conduct investigations
at the FSCA as provided in law.
Exemption from Statues
In order to provide maximum flexibility to the FSCA, the bill provides exemptions from statute in the
same manner as provided to charter schools.
31
The FSCA is exempt from all statues in chapters 1000-1013, except that FSCA is required to be in
compliance with the following statues in chapters 1000-1013:
The sections specifically regarding FSCA.
Statues pertaining to the student assessment program and school grading system.
Statues pertaining to the provisions of services to students with disabilities.
Statues pertaining to civil rights and to the Florida Educational Equity Act.
Statues pertaining to student health, safety and welfare.
The FSCA must be in compliance with the following statues:
Chapter 119, relating to public records.
Section 1006.12, relating to safe-school officers.
Section 1006.07(7), relating to threat assessment teams.
Section 1006.07(9), relating to school environmental safety incident reporting.
Section 1006.07(10), relating to reporting of involuntary examinations.
Section 1006.1493, relating to the Florida Safe Schools Assessment Tool.
Section 1006.07(6)(d), relating to adopting active assailant response plans.
Section 943.082(4)(b), relating to the mobile suspicious activity reporting tool.
Section 1012.584, relating to youth mental health awareness and assistance training.
Section 1003.4282, relating to requirements for a standard high school diploma.
Section 1003.03(1), relating to class size maximums.
Section 1011.61, relating to instructional hours requirements, but may provide instruction that
exceeds the minimum time requirements for the purposes of offering a summer program.
The bill provides that the duties assigned to a district school superintendent apply to the director of the
FSCA and the duties assigned to a district school board apply to the FSCA board of trustees.
31
Section 1002.33(16), F.S. STORAGE NAME: h1393.CIS PAGE: 8
DATE: 3/23/2023
Budget
The bill establishes procedures for the FSCA to prepare and submit legislative budget requests (LBRs).
The bill requires that the LBR of the FSCA must be prepared using the same format, procedures, and
timelines required for the submission of the legislative budget of the DOE. The FSCA must submit its
LBR and an implementation plan to the DOE for review and approval. Once approved, the
commissioner must include the FSCA in the DOE’s LBR to the SBE, the Governor, and the Legislature.
The LBR for the FSCA must be a separate identifiable sum in the DOE’s LBR.
The bill requires the annual appropriation for the FSCA to be distributed quarterly, without using the
Florida Education Finance Program, in payments as nearly equal as possible. Appropriations for
textbooks, instructional technology, and school buses may be released and distributed as necessary to
serve the instructional program for the students.
The bill also requires the FSCA to submit its fixed capital outlay request to the DOE for review and
approval in the same manner as the Florida School for the Deaf and Blind. Subsequent to the
department’s approval, the FSCA’s request must be included within the DOE’s public education capital
outlay LBR.
The bill creates flexibility in managing the FSCA funds. The bill authorizes that, notwithstanding
specified sections of law, and subject to the GAA, funds for the operation of the FSCA must be
requested and appropriated within budget entities, program components, program categories, lump
sums, or special categories, but may be transferred to traditional categories for expenditure by the
board of trustees of the FSCA. The board of trustees must develop an annual operating budget that
allocates funds by program component and traditional expenditure category.
The bill exempts the FSCA from preparing a lump-sum plan to implement the special categories,
program categories, or lump-sum appropriations, subject to the GAA. Upon request of the board of
trustees, the Chief Financial Officer must transfer or reallocate funds to or among accounts established
for disbursement purposes. The board of trustees must maintain records to account for the original
appropriation.
The bill authorizes the FSCA board of trustees, subject to the GAA, to establish the authorized
positions at the school, but may amend such positions within the total funds authorized annually in the
GAA.
The bill authorizes all unexpended funds appropriated for the FSCA to be carried forward and included
as the balance forward for that fund in the approved operating budget for the following year. For the
2023-2024 through 2027-2028 fiscal years, the FSCA’s board of trustees may expend, reserve, or carry
forward balances from prior year operational and programmatic appropriations for fixed capital outlay
projects needed for the establishment of the school.
B. SECTION DIRECTORY:
Section 1: Amends s. 1000.04, F.S.; revising the components of the delivery of public education
within the Florida Early Learning-20 education system to include the Florida School for
Competitive Academics.
Section 2: Creates s. 1002.351, F.S.; providing for the establishment of the Florida School for
Competitive Academics; providing for providing for the purpose and mission of the
school; requiring the Commissioner of Education to ensure eligible students are
informed of the school; providing for the appointment of the board of trustees;
prescribing the powers and duties of the board of trustees; providing sovereign immunity
to the board of trustees; specifying the board's duties regarding the maintenance of
student and employee records; providing requirements regarding background screening
of school personnel; specifying duties of the board regarding personnel; providing for
funding of the school; requiring the Auditor General to conduct audits of the school; STORAGE NAME: h1393.CIS PAGE: 9
DATE: 3/23/2023
authorizing the Department of Education's Office of Inspector General to conduct
investigations, as appropriate; exempting the school from specified requirements in the
Florida Early Learning-20 Education Code; providing exceptions; specifying applicability
of certain provisions of law.
Section 3: Creates s. 1011.58, F.S.; prescribing procedures for the school's submittal of legislative
budget requests; requiring the school to submit an implementation plan to the
Department of Education; requiring the Commissioner of Education to include the school
in the department's legislative budget request, subject to specified conditions; requiring
the school to submit its fixed capital outlay request to the department.
Section 4: Creates s. 1011.58, F.S.; prescribing procedures for the school's submittal of legislative
budget requests; requiring the school to submit an implementation plan to the
Department of Education; requiring the Commissioner of Education to include the school
in the department's legislative budget request, subject to specified conditions; requiring
the school to submit its fixed capital outlay request to the department.
Section 5: Creates s. 1011.59, F.S.; prescribing procedures and requirements governing the
request and the appropriation of funds for the operation of the school; requiring the
board to develop an annual operating budget; requiring the Chief Financial Officer to
transfer or reallocate funds if certain conditions are met; requiring the board to establish
authorized positions within funds appropriated to the school; providing for the carry
forward of any unexpended funds; providing that the board of trustees may expend,
reserve, or carry forward of certain balances for fixed capital outlay projects.
Section 6: Amends s. 11.45, F.S.; revising the duties of the Auditor General to conform to changes
made by the act.
Section 7: Amends s. 110.205, F.S exempting school personnel from provisions governing the
state career service system.
Section 8: Amends s. 216.251, F.S.; specifying the manner of setting salaries for positions within
the school.
Section 9: Amends s. 447.203, F.S.; revising the definition of the terms "public employer" or
"employer" to include the school for purposes of part II of ch. 447, F.S.; making technical
changes.
Section 10: Amends s. 1001.20, F.S.; revising the powers of the department's Office of Inspector
General to conform to changes made by the act; providing a directive to the Division of
Law Revision.
Section 11: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill creates the Florida School for Competitive Academics and has an indeterminate but
significant fiscal impact.
STORAGE NAME: h1393.CIS PAGE: 10
DATE: 3/23/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill creates the Florida School for Competitive Academics and has an indeterminate but significant
fiscal impact.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires the board of trustees for the Florida School for Competitive Academics (FSCA) to
adopt rules to implement the operation of the FSCA. The rules must be submitted to the State Board of
Education for approval or disapproval, and if approved filed with the Department of State.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill authorizes the FSCA to have a stand-alone law-enforcement agency, but does not
describe the jurisdiction of the agency, how the agency will exercise such authority, or the
standards it must meet.
The bill authorizes the FSCA to exercise the power of eminent domain, requires the school to
adopt a master plan, and coordinate planning with local governments. “The planning must
consider the effect of the location of new facilities to be located on property acquired on or after
January 1, 1998, including the efficient use of local infrastructure, the proximity of the proposed
new facilities to the school’s existing campus, and the effect and impact of any property
proposed to be acquired by the school.” Section 1013.351(2), F.S. The bill also requires the
FSCA to “submit an implementation plan to the department before the department may approve
a budget request.”
The bill authorizes the FSCA to purchase school buses, but does not require the school to
comply with subpart I.E. of chapter 1006 or 1012.45.
The bill requires the FSCA to submit a legislative budget request and that the funds will be
distributed in quarterly payments outside the Florida Education Finance Program. It is unclear
how the school will calculate the funding amount per pupil.
The bill authorizes the FSCA to receive fixed capital outlay within the department’s public
education capital outlay legislative budget request, but it is unclear whether facilities purchased
or constructed with such funds must meet the same standards as other facilities that receive
fixed capital outlay. STORAGE NAME: h1393.CIS PAGE: 11
DATE: 3/23/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.