Florida Senate - 2023 CS for SB 1386 By the Appropriations Committee on Education; and Senators Perry and Collins 602-03780-23 20231386c1 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 each district school board 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, each district 100 school board shall ensure all eligible students are informed of 101 the Florida School for Competitive Academics. Each district 102 school board 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 with such authority as is needed 127 for the proper operation and improvement of the Florida School 128 for Competitive Academics. Title to any gift, donation, or 129 bequest received by the board of trustees must vest in the board 130 of 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 (f)The board of trustees shall: 162 1.Prepare and submit legislative budget requests for 163 operations and fixed capital outlay, in accordance with chapter 164 216 and ss. 1011.56 and 1013.60, to the Department of Education 165 for review and approval. The department must analyze the amount 166 requested for fixed capital outlay to determine if the request 167 is consistent with the schools campus master plan, educational 168 plant survey, and facilities master plan. 169 2.Approve and administer an annual operating budget in 170 accordance with ss. 1011.56 and 1011.57. 171 3.Require all purchases to be in accordance with chapter 172 287 except for purchases made with funds received as gifts, 173 donations, or bequests or funds raised by or belonging to 174 student clubs or student organizations. 175 4.Administer and maintain personnel programs for all 176 employees of the board of trustees and the Florida School for 177 Competitive Academics, who shall be school employees, including 178 the personnel. 179 5.Ensure that the Florida School for Competitive Academics 180 complies with s. 1013.351 concerning the coordination of 181 planning between the Florida School for Competitive Academics 182 and local governing bodies. 183 6.Ensure that the Florida School for Competitive Academics 184 complies with s. 112.061 concerning per diem and travel 185 expenses. 186 7.Adopt a master plan that specifies the objectives of the 187 Florida School for Competitive Academics. The plan must be for a 188 period of 5 years and must be reviewed for needed modifications 189 every 2 years. The board of trustees shall submit the initial 190 plan and subsequent modifications to the President of the Senate 191 and the Speaker of the House of Representatives. 192 (4)STUDENT AND EMPLOYEE RECORDS.The board of trustees 193 shall provide for the content and custody of student and 194 employee personnel records. Student records are subject to s. 195 1002.22. Employee records are subject to s. 1012.31. 196 (5)PERSONNEL. 197 (a)The Florida School for Competitive Academics Board of 198 Trustees shall require all employees and applicants for 199 employment to undergo background screening as provided in s. 200 1012.32 as a condition of employment and continued employment. 201 Members of the board of trustees must also undergo background 202 screening in accordance with the relevant provisions of s. 203 1012.32. An individual may not be employed as an employee or 204 contract personnel of the school or serve as a member of the 205 board of trustees if the individual is on the disqualification 206 list maintained by the department pursuant to s. 1001.10(4)(b). 207 (b)In accordance with law and rules of the State Board of 208 Education, the board of trustees shall administer and maintain 209 personnel programs for all employees of the board of trustees 210 and the Florida School for Competitive Academics. The board of 211 trustees may adopt rules, policies, and procedures related to 212 the appointment, employment, and removal of personnel. 213 1.The board of trustees shall determine the compensation, 214 including salaries and fringe benefits, and other conditions of 215 employment for such personnel. 216 2.Classroom teachers employed by the school must be 217 certified pursuant to chapter 1012. 218 3.Each person employed by the board of trustees in an 219 academic administrative or instructional capacity with the 220 Florida School for Competitive Academics is entitled to a 221 contract as provided by rules of the board of trustees. 222 4.All employees except temporary, seasonal, and student 223 employees may be provided Florida Retirement System benefits 224 from the school through operational costs. 225 (6)FUNDING. 226 (a)The Florida School for Competitive Academics shall 227 receive state funds for operating purposes as provided in the 228 General Appropriations Act. 229 (b)In addition to the funds provided in the General 230 Appropriations Act, the Florida School for Competitive Academics 231 may receive other funds from grants and donations. 232 (7)AUDITS.The Auditor General shall conduct audits of the 233 accounts and records of the Florida School for Competitive 234 Academics as provided in s. 11.45. The Department of Educations 235 Inspector General is authorized to conduct investigations at the 236 school as provided in s. 1001.20(4)(e). 237 (8)EXEMPTION FROM STATUTES. 238 (a)The Florida School for Competitive Academics is exempt 239 from all statutes in chapters 1000-1013. However, the Florida 240 School for Competitive Academics shall be in compliance with the 241 following statutes in chapters 1000-1013: 242 1.This section. 243 2.Those statutes pertaining to the student assessment 244 program and school grading system. 245 3.Those statutes pertaining to the provision of services 246 to students with disabilities. 247 4.Those statutes pertaining to civil rights, including, 248 but not limited to, s. 1000.05, relating to discrimination. 249 5.Those statutes pertaining to student health, safety, and 250 welfare. 251 (b)Additionally, the Florida School for Competitive 252 Academics shall be in compliance with the following statutes: 253 1.Section 286.011, relating to public meetings and 254 records, public inspection, and criminal and civil penalties. 255 2.Chapter 119, relating to public records. 256 3.Section 1006.12, relating to safe-school officers. 257 4.Section 1006.07(7), relating to threat assessment teams. 258 5.Section 1006.07(9), relating to school environmental 259 safety incident reporting. 260 6.Section 1006.07(10), relating to reporting of 261 involuntary examinations. 262 7.Section 1006.1493, relating to the Florida Safe Schools 263 Assessment Tool. 264 8.Section 1006.07(6)(d), relating to adopting active 265 assailant response plans. 266 9.Section 943.082(4)(b), relating to the mobile suspicious 267 activity reporting tool. 268 10.Section 1012.584, relating to youth mental health 269 awareness and assistance training. 270 11.Section 1003.4282, relating to requirements for a 271 standard high school diploma. 272 12.Section 1003.03(1), relating to class size maximums. 273 13.a.Section 1011.61, relating to instructional hours 274 requirements. 275 b.Notwithstanding sub-subparagraph a., the school may 276 provide instruction that exceeds the minimum time requirements 277 for the purposes of offering a summer program. 278 (c)For purposes of this subsection: 279 1.The duties assigned to a district school superintendent 280 apply to the director of the Florida School for Competitive 281 Academics. 282 2.The duties assigned to a district school board apply to 283 the board of trustees. 284 Section 3.Section 1011.58, Florida Statutes, is created to 285 read: 286 1011.58Procedure for legislative budget requests for the 287 Florida School for Competitive Academics. 288 (1)(a)The legislative budget request of the Florida School 289 for Competitive Academics established in s. 1002.351 must be 290 prepared using the same format, procedures, and timelines 291 required for the submission of the legislative budget of the 292 Department of Education. 293 (b)The Florida School for Competitive Academics shall 294 submit its legislative budget request to the Department of 295 Education for review and approval. The school must create and 296 submit to the department an implementation plan before the 297 department may approve the budget request. 298 (c)Subsequent to the Department of Educations approval, 299 the Commissioner of Education shall include the Florida School 300 for Competitive Academics in the departments legislative budget 301 request to the State Board of Education, the Governor, and the 302 Legislature. The legislative budget request and the 303 appropriation for the Florida School for Competitive Academics 304 must be a separate identifiable sum in the public schools budget 305 entity of the Department of Education. 306 (d)The annual appropriation for the school shall be 307 distributed monthly, without using the Florida Education Finance 308 Program, in payments as nearly equal as possible. Appropriations 309 for textbooks, instructional technology, and school buses may be 310 released and distributed as necessary to serve the instructional 311 program for the students. 312 (2)The school shall submit its fixed capital outlay 313 request to the Department of Education for review and approval 314 in accordance with s. 1002.36(4)(f)1. Subsequent to the 315 departments approval, the schools request must be included 316 within the departments public education capital outlay 317 legislative budget request. 318 Section 4.Section 1011.59, Florida Statutes, is created to 319 read: 320 1011.59Florida School for Competitive Academics; board of 321 trustees; management flexibility. 322 (1)Notwithstanding ss. 216.031, 216.181, and 216.262 to 323 the contrary and pursuant to s. 216.351, but subject to any 324 guidelines imposed in the General Appropriations Act, funds for 325 the operation of the Florida School for Competitive Academics 326 shall be requested and appropriated within budget entities, 327 program components, program categories, lump sums, or special 328 categories. Funds appropriated to the Florida School for 329 Competitive Academics for each program category, lump sum, or 330 special category may be transferred to traditional categories 331 for expenditure by the board of trustees of the school. The 332 board of trustees shall develop an annual operating budget that 333 allocates funds by program component and traditional expenditure 334 category. 335 (2)Notwithstanding s. 216.181 and pursuant to s. 216.351, 336 but subject to any requirements imposed in the General 337 Appropriations Act, a lump-sum plan is not required to implement 338 the special categories, program categories, or lump-sum 339 appropriations. Upon release of the special categories, program 340 categories, or lump-sum appropriations to the board of trustees, 341 the Chief Financial Officer shall, upon the request of the board 342 of trustees, transfer or reallocate funds to or among accounts 343 established for disbursement purposes. The board of trustees 344 shall maintain records to account for the original 345 appropriation. 346 (3)Notwithstanding ss. 216.031, 216.181, 216.251, and 347 216.262 to the contrary and pursuant to s. 216.351, but subject 348 to any requirements imposed in the General Appropriations Act, 349 the board of trustees shall establish the authorized positions 350 and may amend such positions within the total funds authorized 351 annually in the appropriations act. 352 (4)(a)Notwithstanding s. 216.301 to the contrary, all 353 unexpended funds appropriated for the Florida School for 354 Competitive Academics shall be carried forward and included as 355 the balance forward for that fund in the approved operating 356 budget for the following year. 357 (b)Notwithstanding any other law, for the 2023-2024 358 through 2027-2028 fiscal years, the schools board of trustees 359 may expend, reserve, or carry forward balances from prior year 360 operational and programmatic appropriations for fixed capital 361 outlay projects needed for the establishment of this school. 362 Section 5.Paragraphs (d) and (f) of subsection (2) of 363 section 11.45, Florida Statutes, are amended to read: 364 11.45Definitions; duties; authorities; reports; rules. 365 (2)DUTIES.The Auditor General shall: 366 (d)Annually conduct financial audits of the accounts and 367 records of all district school boards in counties with 368 populations of fewer than 150,000, according to the most recent 369 federal decennial statewide census, and the Florida School for 370 the Deaf and the Blind, and the Florida School for Competitive 371 Academics. 372 (f)At least every 3 years, conduct operational audits of 373 the accounts and records of state agencies, state universities, 374 state colleges, district school boards, the Florida Clerks of 375 Court Operations Corporation, water management districts, and 376 the Florida School for the Deaf and the Blind, and the Florida 377 School for Competitive Academics. 378 379 The Auditor General shall perform his or her duties 380 independently but under the general policies established by the 381 Legislative Auditing Committee. This subsection does not limit 382 the Auditor Generals discretionary authority to conduct other 383 audits or engagements of governmental entities as authorized in 384 subsection (3). 385 Section 6.Paragraph (d) of subsection (2) of section 386 110.205, Florida Statutes, is amended to read: 387 110.205Career service; exemptions. 388 (2)EXEMPT POSITIONS.The exempt positions that are not 389 covered by this part include the following: 390 (d)All officers and employees of the state universities 391 and the academic personnel and academic administrative personnel 392 of the Florida School for the Deaf and the Blind and the Florida 393 School for Competitive Academics. In accordance with the 394 provisions of s. 1002.36, the salaries for academic personnel 395 and academic administrative personnel of the Florida School for 396 the Deaf and the Blind and the Florida School for Competitive 397 Academics shall be set by the board of trustees for the 398 respective schools school, subject only to the approval of the 399 State Board of Education. 400 Section 7.Paragraph (a) of subsection (2) of section 401 216.251, Florida Statutes, is amended to read: 402 216.251Salary appropriations; limitations. 403 (2)(a)The salary for each position not specifically 404 indicated in the appropriations acts shall be as provided in one 405 of the following subparagraphs: 406 1.Within the classification and pay plans provided for in 407 chapter 110. 408 2.Within the classification and pay plans established by 409 the Board of Trustees for the Florida School for the Deaf and 410 the Blind of the Department of Education and approved by the 411 State Board of Education for academic and academic 412 administrative personnel. 413 3.Within the classification and pay plan approved and 414 administered by the Board of Governors or the designee of the 415 board for those positions in the State University System. 416 4.Within the classification and pay plan approved by the 417 President of the Senate and the Speaker of the House of 418 Representatives, as the case may be, for employees of the 419 Legislature. 420 5.Within the approved classification and pay plan for the 421 judicial branch. 422 6.Within the classification and pay plans established by 423 the Board of Trustees for the Florida School for Competitive 424 Academics of the Department of Education and approved by the 425 State Board of Education for academic and academic 426 administrative personnel. 427 Section 8.Subsection (2) of section 447.203, Florida 428 Statutes, is amended to read: 429 447.203Definitions.As used in this part: 430 (2)Public employer or employer means the state or any 431 county, municipality, or special district or any subdivision or 432 agency thereof which the commission determines has sufficient 433 legal distinctiveness properly to carry out the functions of a 434 public employer. With respect to all public employees determined 435 by the commission as properly belonging to a statewide 436 bargaining unit composed of State Career Service System 437 employees or Selected Professional Service employees, the 438 Governor is shall be deemed to be the public employer; and the 439 Board of Governors of the State University System, or the 440 boards designee, is shall be deemed to be the public employer 441 with respect to all public employees of each constituent state 442 university. The board of trustees of a community college is 443 shall be deemed to be the public employer with respect to all 444 employees of the community college. The district school board is 445 shall be deemed to be the public employer with respect to all 446 employees of the school district. The Board of Trustees of the 447 Florida School for the Deaf and the Blind is shall be deemed to 448 be the public employer with respect to the academic and academic 449 administrative personnel of the Florida School for the Deaf and 450 the Blind. The Board of Trustees of the Florida School for 451 Competitive Academics is deemed to be the public employer with 452 respect to the academic and academic administrative personnel of 453 the Florida School for Competitive Academics. The Governor is 454 shall be deemed to be the public employer with respect to all 455 employees in the Correctional Education Program of the 456 Department of Corrections established pursuant to s. 944.801. 457 Section 9.Paragraph (e) of subsection (4) of section 458 1001.20, Florida Statutes, is amended to read: 459 1001.20Department under direction of state board. 460 (4)The Department of Education shall establish the 461 following offices within the Office of the Commissioner of 462 Education which shall coordinate their activities with all other 463 divisions and offices: 464 (e)Office of Inspector General.Organized using existing 465 resources and funds and responsible for promoting 466 accountability, efficiency, and effectiveness and detecting 467 fraud and abuse within school districts, the Florida School for 468 the Deaf and the Blind, the Florida School for Competitive 469 Academics, and Florida College System institutions in Florida. 470 If the Commissioner of Education determines that a district 471 school board, the Board of Trustees for the Florida School for 472 the Deaf and the Blind, the Board of Trustees for the Florida 473 School for Competitive Academics, or a Florida College System 474 institution board of trustees is unwilling or unable to address 475 substantiated allegations made by any person relating to waste, 476 fraud, or financial mismanagement within the school district, 477 the Florida School for the Deaf and the Blind, the Florida 478 School for Competitive Academics, or the Florida College System 479 institution, the office must shall conduct, coordinate, or 480 request investigations into such substantiated allegations. The 481 office shall investigate allegations or reports of possible 482 fraud or abuse against a district school board made by any 483 member of the Cabinet; the presiding officer of either house of 484 the Legislature; a chair of a substantive or appropriations 485 committee with jurisdiction; or a member of the board for which 486 an investigation is sought. The office shall have access to all 487 information and personnel necessary to perform its duties and 488 shall have all of its current powers, duties, and 489 responsibilities authorized in s. 20.055. 490 Section 10.The Division of Law Revision is directed to 491 revise the title of subpart D of part I of chapter 1011, Florida 492 Statutes, consisting of ss. 1011.55-1011.59, Florida Statutes, 493 to read Florida School for the Deaf and the Blind and Florida 494 School for Competitive Academics: Preparation, Adoption, and 495 Implementation of Budgets to conform to the amendments made by 496 this act. 497 Section 11.This act shall take effect July 1, 2023.