Florida Senate - 2023 SB 1386 By Senator Perry 9-01505B-23 20231386__ 1 A bill to be entitled 2 An act relating to the Florida School for Competitive 3 Academics; amending s. 1000.04, F.S.; revising the 4 components of the delivery of public education within 5 the Florida Early Learning-20 education system to 6 include the Florida School for Competitive Academics; 7 creating s. 1002.351, F.S.; providing for the 8 establishment of the Florida School for Competitive 9 Academics; providing for the purpose and mission of 10 the school; requiring the Commissioner of Education to 11 ensure eligible students are informed of the school; 12 providing for the appointment of the board of 13 trustees; prescribing the powers and duties of the 14 board of trustees; providing sovereign immunity to the 15 board of trustees; specifying the boards duties 16 regarding the maintenance of student and employee 17 records; providing requirements regarding background 18 screening of school personnel; specifying duties of 19 the board regarding personnel; providing for funding 20 of the school; requiring the Auditor General to 21 conduct audits of the school; authorizing the 22 Department of Educations Office of Inspector General 23 to conduct investigations, as appropriate; exempting 24 the school from specified requirements in the Florida 25 Early Learning-20 Education Code; providing 26 exceptions; specifying applicability of certain 27 provisions of law; creating s. 1011.58, F.S.; 28 prescribing procedures for the schools submittal of 29 legislative budget requests; requiring the school to 30 submit an implementation plan to the Department of 31 Education; requiring the Commissioner of Education to 32 include the school in the departments legislative 33 budget request, subject to specified conditions; 34 requiring the school to submit its fixed capital 35 outlay request to the department; creating s. 1011.59, 36 F.S.; prescribing procedures and requirements 37 governing the request and the appropriation of funds 38 for the operation of the school; requiring the board 39 to develop an annual operating budget; requiring the 40 Chief Financial Officer to transfer or reallocate 41 funds if certain conditions are met; requiring the 42 board to establish authorized positions within funds 43 appropriated to the school; providing for the carry 44 forward of any unexpended funds; providing that the 45 board of trustees may expend, reserve, or carry 46 forward of certain balances for fixed capital outlay 47 projects; amending s. 11.45, F.S.; revising the duties 48 of the Auditor General to conform to changes made by 49 the act; amending s. 110.205, F.S.; exempting school 50 personnel from provisions governing the state career 51 service system; amending s. 216.251, F.S.; specifying 52 the manner of setting salaries for positions within 53 the school; amending s. 447.203, F.S.; revising the 54 definition of the terms public employer or 55 employer to include the school for purposes of part 56 II of ch. 447, F.S.; making technical changes; 57 amending s. 1001.20, F.S.; revising the powers of the 58 departments Office of Inspector General to conform to 59 changes made by the act; providing a directive to the 60 Division of Law Revision; providing an effective date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1.Subsection (6) is added to section 1000.04, 65 Florida Statutes, to read: 66 1000.04Components for the delivery of public education 67 within the Florida Early Learning-20 education system.Floridas 68 Early Learning-20 education system provides for the delivery of 69 early learning and public education through publicly supported 70 and controlled K-12 schools, Florida College System 71 institutions, state universities and other postsecondary 72 educational institutions, other educational institutions, and 73 other educational services as provided or authorized by the 74 Constitution and laws of the state. 75 (6)THE FLORIDA SCHOOL FOR COMPETITIVE ACADEMICS.The 76 Florida School for Competitive Academics is a component of the 77 delivery of public education within Floridas Early Learning-20 78 education system. 79 Section 2.Section 1002.351, Florida Statutes, is created 80 to read: 81 1002.351The Florida School for Competitive Academics. 82 (1)ESTABLISHMENT.There is established the Florida School 83 for Competitive Academics. The school shall be located in 84 Alachua County and is a state-supported public school for 85 Florida residents in grades 6-12. The primary purpose of the 86 school is to provide a rigorous academic curriculum, and the 87 secondary purpose is to prepare students for regional, state, 88 and national academic competitions in all areas of study, 89 including, but not limited to, science, technology, engineering, 90 and mathematics. The school may admit students in grades 6-12 91 beginning in the 2024-2025 school year. 92 (2)MISSION. 93 (a)The mission of the Florida School for Competitive 94 Academics is to provide students who meet selective admissions 95 requirements an environment that will foster high academic 96 engagement and advanced understanding of subject areas, develop 97 productive work habits, build resiliency, connect students with 98 industry leaders, and promote civic leadership. 99 (b)To assist in the recruitment of students, the 100 Commissioner of Education shall ensure all eligible students are 101 informed of the Florida School for Competitive Academics. The 102 commissioner shall inform parents of public school students that 103 they may provide their childs student records to the Florida 104 School for Competitive Academics Board of Trustees for 105 recruitment purposes. 106 (3)BOARD OF TRUSTEES. 107 (a)1.The Florida School for Competitive Academics shall be 108 governed by a board of trustees composed of seven members 109 appointed by the Governor to 4-year terms and confirmed by the 110 Senate. For purposes of staggering terms, four members, 111 including the chair as designated by the Governor, shall be 112 appointed to 4-year terms beginning July 1, 2023, and three 113 members shall be appointed to 2-year terms beginning July 1, 114 2023. After the initial 4-year term, the chair shall be elected 115 by the board. 116 2.No more than one employee of the school may serve on the 117 board of trustees as a member or as chairman. 118 (b)Members of the board of trustees shall serve without 119 compensation, but may be reimbursed for per diem and travel 120 expenses pursuant to s. 112.061. 121 (c)The board of trustees is a public agency entitled to 122 sovereign immunity pursuant to s. 768.28, and board members are 123 public officers who bear fiduciary responsibility for the 124 Florida School for Competitive Academics. 125 (d)The board of trustees is a body corporate with all the 126 powers of a body corporate, and such authority as is needed for 127 the proper operation and improvement of the Florida School for 128 Competitive Academics. Title to any gift, donation, or bequest 129 received by the board of trustees must vest in the board of 130 trustees. Title to all other property and other assets of the 131 Florida School for Competitive Academics must vest in the State 132 Board of Education, but the board of trustees has complete 133 jurisdiction over the management of the school. 134 (e)The board of trustees has the full power and authority 135 to: 136 1.Adopt rules pursuant to ss. 120.536(1) and 120.54 to 137 implement provisions of law relating to operation of the Florida 138 School for Competitive Academics. Such rules must be submitted 139 to the State Board of Education for approval or disapproval. 140 After a rule is approved by the State Board of Education, the 141 rule must be filed immediately with the Department of State. The 142 board of trustees shall act at all times in conjunction with the 143 rules of the State Board of Education. 144 2.Appoint a principal, administrators, teachers, and other 145 employees. 146 3.Remove principals, administrators, teachers, and other 147 employees at the boards discretion. 148 4.Determine eligibility of students and procedures for 149 admission. 150 5.Provide for the proper keeping of accounts and records 151 and for budgeting of funds. 152 6.Receive gifts, donations, and bequests of money or 153 property, real or personal, tangible or intangible, from any 154 person, firm, corporation, or other legal entity for the use and 155 benefit of the school. 156 7.Recommend to the Legislature for the school to become a 157 residential public school. 158 8.Do and perform every other matter or thing requisite to 159 the proper management, maintenance, support, and control of the 160 school at the highest efficiency economically possible. 161 9.Allow the school to have a stand-alone law enforcement 162 agency. 163 10.After receiving approval from the Administration 164 Commission, exercise the power of eminent domain in the manner 165 provided in chapter 73 or chapter 74. 166 (f)The board of trustees shall: 167 1.Prepare and submit legislative budget requests for 168 operations and fixed capital outlay, in accordance with chapter 169 216 and ss. 1011.56 and 1013.60, to the Department of Education 170 for review and approval. The department must analyze the amount 171 requested for fixed capital outlay to determine if the request 172 is consistent with the schools campus master plan, educational 173 plant survey, and facilities master plan. 174 2.Approve and administer an annual operating budget in 175 accordance with ss. 1011.56 and 1011.57. 176 3.Require all purchases to be in accordance with chapter 177 287 except for purchases made with funds received as gifts, 178 donations, or bequests or funds raised by or belonging to 179 student clubs or student organizations. 180 4.Administer and maintain personnel programs for all 181 employees of the board of trustees and the Florida School for 182 Competitive Academics, who shall be school employees, including 183 the personnel. 184 5.Ensure that the Florida School for Competitive Academics 185 complies with s. 1013.351 concerning the coordination of 186 planning between the Florida School for Competitive Academics 187 and local governing bodies. 188 6.Ensure that the Florida School for Competitive Academics 189 complies with s. 112.061 concerning per diem and travel 190 expenses. 191 7.Adopt a master plan that specifies the objectives of the 192 Florida School for Competitive Academics. The plan must be for a 193 period of 5 years and must be reviewed for needed modifications 194 every 2 years. The board of trustees shall submit the initial 195 plan and subsequent modifications to the President of the Senate 196 and the Speaker of the House of Representatives. 197 (4)STUDENT AND EMPLOYEE RECORDS.The board of trustees 198 shall provide for the content and custody of student and 199 employee personnel records. Student records are subject to s. 200 1002.22. Employee records are subject to s. 1012.31. 201 (5)PERSONNEL. 202 (a)The Florida School for Competitive Academics Board of 203 Trustees shall require all employees and applicants for 204 employment to undergo background screening as provided in s. 205 1012.32 as a condition of employment and continued employment. 206 Members of the board of trustees must also undergo background 207 screening in accordance with the relevant provisions of s. 208 1012.32. An individual may not be employed as an employee or 209 contract personnel of the school or serve as a member of the 210 board of trustees if the individual is on the disqualification 211 list maintained by the department pursuant to s. 1001.10(4)(b). 212 (b)In accordance with law and rules of the State Board of 213 Education, the board of trustees shall administer and maintain 214 personnel programs for all employees of the board of trustees 215 and the Florida School for Competitive Academics. The board of 216 trustees may adopt rules, policies, and procedures related to 217 the appointment, employment, and removal of personnel. 218 1.The board of trustees shall determine the compensation, 219 including salaries and fringe benefits, and other conditions of 220 employment for such personnel. 221 2.Classroom teachers employed by the school must be 222 certified pursuant to chapter 1012. 223 3.Each person employed by the board of trustees in an 224 academic administrative or instructional capacity with the 225 Florida School for Competitive Academics is entitled to a 226 contract as provided by rules of the board of trustees. 227 4.All employees except temporary, seasonal, and student 228 employees may be provided Florida Retirement System benefits 229 from the school through operational costs. 230 (6)FUNDING. 231 (a)The Florida School for Competitive Academics shall 232 receive state funds for operating purposes as provided in the 233 General Appropriations Act. 234 (b)In addition to the funds provided in the General 235 Appropriations Act, the Florida School for Competitive Academics 236 may receive other funds from grants and donations. 237 (7)AUDITS.The Auditor General shall conduct audits of the 238 accounts and records of the Florida School for Competitive 239 Academics as provided in s. 11.45. The Department of Educations 240 Inspector General is authorized to conduct investigations at the 241 school as provided in s. 1001.20(4)(e). 242 (8)EXEMPTION FROM STATUTES. 243 (a)The Florida School for Competitive Academics is exempt 244 from all statutes in chapters 1000-1013. However, the Florida 245 School for Competitive Academics shall be in compliance with the 246 following statutes in chapters 1000-1013: 247 1.This section. 248 2.Those statutes pertaining to the student assessment 249 program and school grading system. 250 3.Those statutes pertaining to the provision of services 251 to students with disabilities. 252 4.Those statutes pertaining to civil rights, including, 253 but not limited to, s. 1000.05, relating to discrimination. 254 5.Those statutes pertaining to student health, safety, and 255 welfare. 256 (b)Additionally, the Florida School for Competitive 257 Academics shall be in compliance with the following statutes: 258 1.Section 286.011, relating to public meetings and 259 records, public inspection, and criminal and civil penalties. 260 2.Chapter 119, relating to public records. 261 3.Section 1006.12, relating to safe-school officers. 262 4.Section 1006.07(7), relating to threat assessment teams. 263 5.Section 1006.07(9), relating to school environmental 264 safety incident reporting. 265 6.Section 1006.07(10), relating to reporting of 266 involuntary examinations. 267 7.Section 1006.1493, relating to the Florida Safe Schools 268 Assessment Tool. 269 8.Section 1006.07(6)(d), relating to adopting active 270 assailant response plans. 271 9.Section 943.082(4)(b), relating to the mobile suspicious 272 activity reporting tool. 273 10.Section 1012.584, relating to youth mental health 274 awareness and assistance training. 275 11.Section 1003.4282, relating to requirements for a 276 standard high school diploma. 277 12.Section 1003.03(1), relating to class size maximums. 278 13.a.Section 1011.61, relating to instructional hours 279 requirements. 280 b.Notwithstanding sub-subparagraph a., the school may 281 provide instruction that exceeds the minimum time requirements 282 for the purposes of offering a summer program. 283 (c)For purposes of this subsection: 284 1.The duties assigned to a district school superintendent 285 apply to the director of the Florida School for Competitive 286 Academics. 287 2.The duties assigned to a district school board apply to 288 the board of trustees. 289 Section 3.Section 1011.58, Florida Statutes, is created to 290 read: 291 1011.58Procedure for legislative budget requests for the 292 Florida School for Competitive Academics. 293 (1)(a)The legislative budget request of the Florida School 294 for Competitive Academics established in s. 1002.351 must be 295 prepared using the same format, procedures, and timelines 296 required for the submission of the legislative budget of the 297 Department of Education. 298 (b)The Florida School for Competitive Academics shall 299 submit its legislative budget request to the Department of 300 Education for review and approval. The school must create and 301 submit to the department an implementation plan before the 302 department may approve the budget request. 303 (c)Subsequent to the Department of Educations approval, 304 the Commissioner of Education shall include the Florida School 305 for Competitive Academics in the departments legislative budget 306 request to the State Board of Education, the Governor, and the 307 Legislature. The legislative budget request and the 308 appropriation for the Florida School for Competitive Academics 309 must be a separate identifiable sum in the public schools budget 310 entity of the Department of Education. 311 (d)The annual appropriation for the school shall be 312 distributed monthly, without using the Florida Education Finance 313 Program, in payments as nearly equal as possible. Appropriations 314 for textbooks, instructional technology, and school buses may be 315 released and distributed as necessary to serve the instructional 316 program for the students. 317 (2)The school shall submit its fixed capital outlay 318 request to the Department of Education for review and approval 319 in accordance with s. 1002.36(4)(f)1. Subsequent to the 320 departments approval, the schools request must be included 321 within the departments public education capital outlay 322 legislative budget request. 323 Section 4.Section 1011.59, Florida Statutes, is created to 324 read: 325 1011.59Florida School for Competitive Academics; board of 326 trustees; management flexibility. 327 (1)Notwithstanding ss. 216.031, 216.181, and 216.262 to 328 the contrary and pursuant s. 216.351, but subject to any 329 guidelines imposed in the General Appropriations Act, funds for 330 the operation of the Florida School for Competitive Academics 331 shall be requested and appropriated within budget entities, 332 program components, program categories, lump sums, or special 333 categories. Funds appropriated to the Florida School for 334 Competitive Academics for each program category, lump sum, or 335 special category may be transferred to traditional categories 336 for expenditure by the board of trustees of the school. The 337 board of trustees shall develop an annual operating budget that 338 allocates funds by program component and traditional expenditure 339 category. 340 (2)Notwithstanding s. 216.181 and pursuant to s. 216.351, 341 but subject to any requirements imposed in the General 342 Appropriations Act, a lump-sum plan is not required to implement 343 the special categories, program categories, or lump-sum 344 appropriations. Upon release of the special categories, program 345 categories, or lump-sum appropriations to the board of trustees, 346 the Chief Financial Officer shall, upon the request of the board 347 of trustees, transfer or reallocate funds to or among accounts 348 established for disbursement purposes. The board of trustees 349 shall maintain records to account for the original 350 appropriation. 351 (3)Notwithstanding ss. 216.031, 216.181, 216.251, and 352 216.262 to the contrary and pursuant to s. 216.351, but subject 353 to any requirements imposed in the General Appropriations Act, 354 the board of trustees shall establish the authorized positions 355 and may amend such positions within the total funds authorized 356 annually in the appropriations act. 357 (4)(a)Notwithstanding s. 216.301 to the contrary, all 358 unexpended funds appropriated for the Florida School for 359 Competitive Academics shall be carried forward and included as 360 the balance forward for that fund in the approved operating 361 budget for the following year. 362 (b)Notwithstanding any other law, for the 2023-2024 363 through 2027-2028 fiscal years, the schools board of trustees 364 may expend, reserve, or carry forward balances from prior year 365 operational and programmatic appropriations for fixed capital 366 outlay projects needed for the establishment of this school. 367 Section 5.Paragraphs (d) and (f) of subsection (2) of 368 section 11.45, Florida Statutes, are amended to read: 369 11.45Definitions; duties; authorities; reports; rules. 370 (2)DUTIES.The Auditor General shall: 371 (d)Annually conduct financial audits of the accounts and 372 records of all district school boards in counties with 373 populations of fewer than 150,000, according to the most recent 374 federal decennial statewide census, and the Florida School for 375 the Deaf and the Blind, and the Florida School for Competitive 376 Academics. 377 (f)At least every 3 years, conduct operational audits of 378 the accounts and records of state agencies, state universities, 379 state colleges, district school boards, the Florida Clerks of 380 Court Operations Corporation, water management districts, and 381 the Florida School for the Deaf and the Blind, and the Florida 382 School for Competitive Academics. 383 384 The Auditor General shall perform his or her duties 385 independently but under the general policies established by the 386 Legislative Auditing Committee. This subsection does not limit 387 the Auditor Generals discretionary authority to conduct other 388 audits or engagements of governmental entities as authorized in 389 subsection (3). 390 Section 6.Paragraph (d) of subsection (2) of section 391 110.205, Florida Statutes, is amended to read: 392 110.205Career service; exemptions. 393 (2)EXEMPT POSITIONS.The exempt positions that are not 394 covered by this part include the following: 395 (d)All officers and employees of the state universities 396 and the academic personnel and academic administrative personnel 397 of the Florida School for the Deaf and the Blind and the Florida 398 School for Competitive Academics. In accordance with the 399 provisions of s. 1002.36, the salaries for academic personnel 400 and academic administrative personnel of the Florida School for 401 the Deaf and the Blind and the Florida School for Competitive 402 Academics shall be set by the board of trustees for the 403 respective schools school, subject only to the approval of the 404 State Board of Education. 405 Section 7.Paragraph (a) of subsection (2) of section 406 216.251, Florida Statutes, is amended to read: 407 216.251Salary appropriations; limitations. 408 (2)(a)The salary for each position not specifically 409 indicated in the appropriations acts shall be as provided in one 410 of the following subparagraphs: 411 1.Within the classification and pay plans provided for in 412 chapter 110. 413 2.Within the classification and pay plans established by 414 the Board of Trustees for the Florida School for the Deaf and 415 the Blind of the Department of Education and approved by the 416 State Board of Education for academic and academic 417 administrative personnel. 418 3.Within the classification and pay plan approved and 419 administered by the Board of Governors or the designee of the 420 board for those positions in the State University System. 421 4.Within the classification and pay plan approved by the 422 President of the Senate and the Speaker of the House of 423 Representatives, as the case may be, for employees of the 424 Legislature. 425 5.Within the approved classification and pay plan for the 426 judicial branch. 427 6.Within the classification and pay plans established by 428 the Board of Trustees for the Florida School for Competitive 429 Academics of the Department of Education and approved by the 430 State Board of Education for academic and academic 431 administrative personnel. 432 Section 8.Subsection (2) of section 447.203, Florida 433 Statutes, is amended to read: 434 447.203Definitions.As used in this part: 435 (2)Public employer or employer means the state or any 436 county, municipality, or special district or any subdivision or 437 agency thereof which the commission determines has sufficient 438 legal distinctiveness properly to carry out the functions of a 439 public employer. With respect to all public employees determined 440 by the commission as properly belonging to a statewide 441 bargaining unit composed of State Career Service System 442 employees or Selected Professional Service employees, the 443 Governor is shall be deemed to be the public employer; and the 444 Board of Governors of the State University System, or the 445 boards designee, is shall be deemed to be the public employer 446 with respect to all public employees of each constituent state 447 university. The board of trustees of a community college is 448 shall be deemed to be the public employer with respect to all 449 employees of the community college. The district school board is 450 shall be deemed to be the public employer with respect to all 451 employees of the school district. The Board of Trustees of the 452 Florida School for the Deaf and the Blind is shall be deemed to 453 be the public employer with respect to the academic and academic 454 administrative personnel of the Florida School for the Deaf and 455 the Blind. The Board of Trustees of the Florida School for 456 Competitive Academics is deemed to be the public employer with 457 respect to the academic and academic administrative personnel of 458 the Florida School for Competitive Academics. The Governor is 459 shall be deemed to be the public employer with respect to all 460 employees in the Correctional Education Program of the 461 Department of Corrections established pursuant to s. 944.801. 462 Section 9.Paragraph (e) of subsection (4) of section 463 1001.20, Florida Statutes, is amended to read: 464 1001.20Department under direction of state board. 465 (4)The Department of Education shall establish the 466 following offices within the Office of the Commissioner of 467 Education which shall coordinate their activities with all other 468 divisions and offices: 469 (e)Office of Inspector General.Organized using existing 470 resources and funds and responsible for promoting 471 accountability, efficiency, and effectiveness and detecting 472 fraud and abuse within school districts, the Florida School for 473 the Deaf and the Blind, the Florida School for Competitive 474 Academics, and Florida College System institutions in Florida. 475 If the Commissioner of Education determines that a district 476 school board, the Board of Trustees for the Florida School for 477 the Deaf and the Blind, the Board of Trustees for the Florida 478 School for Competitive Academics, or a Florida College System 479 institution board of trustees is unwilling or unable to address 480 substantiated allegations made by any person relating to waste, 481 fraud, or financial mismanagement within the school district, 482 the Florida School for the Deaf and the Blind, the Florida 483 School for Competitive Academics, or the Florida College System 484 institution, the office must shall conduct, coordinate, or 485 request investigations into such substantiated allegations. The 486 office shall investigate allegations or reports of possible 487 fraud or abuse against a district school board made by any 488 member of the Cabinet; the presiding officer of either house of 489 the Legislature; a chair of a substantive or appropriations 490 committee with jurisdiction; or a member of the board for which 491 an investigation is sought. The office shall have access to all 492 information and personnel necessary to perform its duties and 493 shall have all of its current powers, duties, and 494 responsibilities authorized in s. 20.055. 495 Section 10.The Division of Law Revision is directed to 496 revise the title of subpart D of part I of chapter 1011, Florida 497 Statutes, consisting of ss. 1011.55-1011.59, Florida Statutes, 498 to read Florida School for the Deaf and the Blind and Florida 499 School for Competitive Academics: Preparation, Adoption, and 500 Implementation of Budgets to conform to the amendments made by 501 this act. 502 Section 11.This act shall take effect July 1, 2023.