Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 1386
Ì759490>Î759490
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2023 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Fiscal Policy (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 99 - 399
4 and insert:
5 (b) To assist in the recruitment of students, the Florida
6 School for Competitive Academics must be included in the school
7 choice online portal established in s. 1001.10(10). The portal
8 must include information about the opportunity for parents to
9 submit their child’s educational records to the Florida School
10 for Competitive Academics for consideration for admission.
11 (3) BOARD OF TRUSTEES.—
12 (a)1. The Florida School for Competitive Academics shall be
13 governed by a board of trustees composed of seven members
14 appointed by the Governor to 4-year terms and confirmed by the
15 Senate. For purposes of staggering terms, four members,
16 including the chair as designated by the Governor, shall be
17 appointed to 4-year terms beginning July 1, 2023, and three
18 members shall be appointed to 2-year terms beginning July 1,
19 2023. After the initial 4-year term, the chair shall be elected
20 by the board.
21 2. No more than one employee of the school may serve on the
22 board of trustees as a member or as chairman.
23 (b) Members of the board of trustees shall serve without
24 compensation, but may be reimbursed for per diem and travel
25 expenses pursuant to s. 112.061.
26 (c) The board of trustees is a public agency entitled to
27 sovereign immunity pursuant to s. 768.28, and board members are
28 public officers who bear fiduciary responsibility for the
29 Florida School for Competitive Academics.
30 (d) The board of trustees is a body corporate with all the
31 powers of a body corporate and with such authority as is needed
32 for the proper operation and improvement of the Florida School
33 for Competitive Academics. Title to any gift, donation, or
34 bequest received by the board of trustees must vest in the board
35 of trustees. Title to all other property and other assets of the
36 Florida School for Competitive Academics must vest in the State
37 Board of Education, but the board of trustees has complete
38 jurisdiction over the management of the school.
39 (e) The board of trustees has the full power and authority
40 to:
41 1. Adopt rules pursuant to ss. 120.536(1) and 120.54 to
42 implement provisions of law relating to operation of the Florida
43 School for Competitive Academics. Such rules must be submitted
44 to the State Board of Education for approval or disapproval.
45 After a rule is approved by the State Board of Education, the
46 rule must be filed immediately with the Department of State. The
47 board of trustees shall act at all times in conjunction with the
48 rules of the State Board of Education.
49 2. Appoint a principal, administrators, teachers, and other
50 employees.
51 3. Remove principals, administrators, teachers, and other
52 employees at the board’s discretion.
53 4. Determine eligibility of students and procedures for
54 admission.
55 5. Provide for the proper keeping of accounts and records
56 and for budgeting of funds.
57 6. Receive gifts, donations, and bequests of money or
58 property, real or personal, tangible or intangible, from any
59 person, firm, corporation, or other legal entity for the use and
60 benefit of the school.
61 7. Recommend to the Legislature for the school to become a
62 residential public school.
63 8. Do and perform every other matter or thing requisite to
64 the proper management, maintenance, support, and control of the
65 school at the highest efficiency economically possible.
66 (f) The board of trustees shall:
67 1. Prepare and submit legislative budget requests for
68 operations and fixed capital outlay, in accordance with chapter
69 216 and ss. 1011.56 and 1013.60, to the Department of Education
70 for review and approval. The department shall analyze the amount
71 requested for fixed capital outlay to determine if the request
72 is consistent with the school’s campus master plan, educational
73 plant survey, and facilities master plan.
74 2. Approve and administer an annual operating budget in
75 accordance with ss. 1011.56 and 1011.57.
76 3. Require all purchases to be in accordance with chapter
77 287 except for purchases made with funds received as gifts,
78 donations, or bequests or funds raised by or belonging to
79 student clubs or student organizations.
80 4. Administer and maintain personnel programs for all
81 employees of the board of trustees and the Florida School for
82 Competitive Academics, who shall be school employees, including
83 the personnel.
84 5. Ensure that the Florida School for Competitive Academics
85 complies with s. 1013.351 concerning the coordination of
86 planning between the Florida School for Competitive Academics
87 and local governing bodies.
88 6. Ensure that the Florida School for Competitive Academics
89 complies with s. 112.061 concerning per diem and travel
90 expenses.
91 7. Adopt a master plan that specifies the objectives of the
92 Florida School for Competitive Academics. The plan must be for a
93 period of 5 years and must be reviewed for needed modifications
94 every 2 years. The board of trustees shall submit the initial
95 plan and subsequent modifications to the President of the Senate
96 and the Speaker of the House of Representatives.
97 (4) STUDENT AND EMPLOYEE RECORDS.—The board of trustees
98 shall provide for the content and custody of student and
99 employee personnel records. Student records are subject to s.
100 1002.22. Employee records are subject to s. 1012.31.
101 (5) PERSONNEL.—
102 (a) The Florida School for Competitive Academics Board of
103 Trustees shall require all employees and applicants for
104 employment to undergo background screening as provided in s.
105 1012.32 as a condition of employment and continued employment.
106 Members of the board of trustees must also undergo background
107 screening in accordance with the relevant provisions of s.
108 1012.32. An individual may not be employed as an employee or as
109 contract personnel of the school or serve as a member of the
110 board of trustees if the individual is on the disqualification
111 list maintained by the department pursuant to s. 1001.10(4)(b).
112 (b) In accordance with law and rules of the State Board of
113 Education, the board of trustees shall administer and maintain
114 personnel programs for all employees of the board of trustees
115 and the Florida School for Competitive Academics. The board of
116 trustees may adopt rules, policies, and procedures related to
117 the appointment, employment, and removal of personnel.
118 1. The board of trustees shall determine the compensation,
119 including salaries and fringe benefits, and other conditions of
120 employment for such personnel.
121 2. Classroom teachers employed by the school must be
122 certified pursuant to chapter 1012.
123 3. Each person employed by the board of trustees in an
124 academic administrative or instructional capacity with the
125 Florida School for Competitive Academics is entitled to a
126 contract as provided by rules of the board of trustees.
127 4. All employees except temporary, seasonal, and student
128 employees may be provided Florida Retirement System benefits
129 from the school through operational costs.
130 (6) FUNDING.—
131 (a) The Florida School for Competitive Academics shall
132 receive state funds for operating purposes as provided in the
133 General Appropriations Act.
134 (b) In addition to the funds provided in the General
135 Appropriations Act, the Florida School for Competitive Academics
136 may receive other funds from grants and donations.
137 (7) AUDITS.—The Auditor General shall conduct audits of the
138 accounts and records of the Florida School for Competitive
139 Academics as provided in s. 11.45. The Department of Education’s
140 Inspector General is authorized to conduct investigations at the
141 school as provided in s. 1001.20(4)(e).
142 (8) EXEMPTION FROM STATUTES.—
143 (a) The Florida School for Competitive Academics is exempt
144 from all statutes in chapters 1000-1013. However, the Florida
145 School for Competitive Academics shall be in compliance with the
146 following statutes in chapters 1000-1013:
147 1. This section.
148 2. Those statutes pertaining to the student assessment
149 program and school grading system.
150 3. Those statutes pertaining to the provision of services
151 to students with disabilities.
152 4. Those statutes pertaining to civil rights, including,
153 but not limited to, s. 1000.05, relating to discrimination.
154 5. Those statutes pertaining to student health, safety, and
155 welfare.
156 (b) Additionally, the Florida School for Competitive
157 Academics shall be in compliance with the following statutes:
158 1. Section 286.011, relating to public meetings and
159 records, public inspection, and criminal and civil penalties.
160 2. Chapter 119, relating to public records.
161 3. Section 1006.12, relating to safe-school officers.
162 4. Section 1006.07(7), relating to threat assessment teams.
163 5. Section 1006.07(9), relating to school environmental
164 safety incident reporting.
165 6. Section 1006.07(10), relating to reporting of
166 involuntary examinations.
167 7. Section 1006.1493, relating to the Florida Safe Schools
168 Assessment Tool.
169 8. Section 1006.07(6)(d), relating to adopting active
170 assailant response plans.
171 9. Section 943.082(4)(b), relating to the mobile suspicious
172 activity reporting tool.
173 10. Section 1012.584, relating to youth mental health
174 awareness and assistance training.
175 11. Section 1003.4282, relating to requirements for a
176 standard high school diploma.
177 12. Section 1003.03(1), relating to class size maximums.
178 13.a. Section 1011.61, relating to instructional hours
179 requirements.
180 b. Notwithstanding sub-subparagraph a., the school may
181 provide instruction that exceeds the minimum time requirements
182 for the purposes of offering a summer program.
183 (c) For purposes of this subsection:
184 1. The duties assigned to a district school superintendent
185 apply to the director of the Florida School for Competitive
186 Academics.
187 2. The duties assigned to a district school board apply to
188 the board of trustees.
189 Section 3. Section 1011.58, Florida Statutes, is created to
190 read:
191 1011.58 Procedure for legislative budget requests for the
192 Florida School for Competitive Academics.—
193 (1)(a) The legislative budget request of the Florida School
194 for Competitive Academics established in s. 1002.351 must be
195 prepared using the same format, procedures, and timelines
196 required for the submission of the legislative budget of the
197 Department of Education.
198 (b) The Florida School for Competitive Academics shall
199 submit its legislative budget request to the Department of
200 Education for review and approval. The school must create and
201 submit to the department an implementation plan before the
202 department may approve the budget request.
203 (c) Subsequent to the Department of Education’s approval,
204 the Commissioner of Education shall include the Florida School
205 for Competitive Academics in the department’s legislative budget
206 request to the State Board of Education, the Governor, and the
207 Legislature. The legislative budget request and the
208 appropriation for the Florida School for Competitive Academics
209 must be a separate identifiable sum in the public schools budget
210 entity of the Department of Education.
211 (d) The annual appropriation for the school shall be
212 distributed monthly, without using the Florida Education Finance
213 Program, in payments as nearly equal as possible. Appropriations
214 for textbooks, instructional technology, and school buses may be
215 released and distributed as necessary to serve the instructional
216 program for the students.
217 (2) The school shall submit its fixed capital outlay
218 request to the Department of Education for review and approval
219 in accordance with s. 1002.36(4)(f)1. Subsequent to the
220 department’s approval, the school’s request must be included
221 within the department’s public education capital outlay
222 legislative budget request.
223 Section 4. Section 1011.59, Florida Statutes, is created to
224 read:
225 1011.59 Florida School for Competitive Academics; board of
226 trustees; management flexibility.—
227 (1) Notwithstanding ss. 216.031, 216.181, and 216.262 to
228 the contrary and pursuant to s. 216.351, but subject to any
229 guidelines imposed in the General Appropriations Act, funds for
230 the operation of the Florida School for Competitive Academics
231 must be requested and appropriated within budget entities,
232 program components, program categories, lump sums, or special
233 categories. Funds appropriated to the Florida School for
234 Competitive Academics for each program category, lump sum, or
235 special category may be transferred to traditional categories
236 for expenditure by the board of trustees of the school. The
237 board of trustees shall develop an annual operating budget that
238 allocates funds by program component and traditional expenditure
239 category.
240 (2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
241 but subject to any requirements imposed in the General
242 Appropriations Act, a lump-sum plan is not required to implement
243 the special categories, program categories, or lump-sum
244 appropriations. Upon release of the special categories, program
245 categories, or lump-sum appropriations to the board of trustees,
246 the Chief Financial Officer shall, upon the request of the board
247 of trustees, transfer or reallocate funds to or among accounts
248 established for disbursement purposes. The board of trustees
249 shall maintain records to account for the original
250 appropriation.
251 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
252 216.262 to the contrary and pursuant to s. 216.351, but subject
253 to any requirements imposed in the General Appropriations Act,
254 the board of trustees shall establish the authorized positions
255 and may amend such positions within the total funds authorized
256 annually in the appropriations act.
257 (4) Notwithstanding s. 216.301 to the contrary, all
258 unexpended funds appropriated for the Florida School for
259 Competitive Academics must be carried forward and included as
260 the balance forward for that fund in the approved operating
261 budget for the following year.
262 Section 5. Paragraphs (d) and (f) of subsection (2) of
263 section 11.45, Florida Statutes, are amended to read:
264 11.45 Definitions; duties; authorities; reports; rules.—
265 (2) DUTIES.—The Auditor General shall:
266 (d) Annually conduct financial audits of the accounts and
267 records of all district school boards in counties with
268 populations of fewer than 150,000, according to the most recent
269 federal decennial statewide census, and the Florida School for
270 the Deaf and the Blind, and the Florida School for Competitive
271 Academics.
272 (f) At least every 3 years, conduct operational audits of
273 the accounts and records of state agencies, state universities,
274 state colleges, district school boards, the Florida Clerks of
275 Court Operations Corporation, water management districts, and
276 the Florida School for the Deaf and the Blind, and the Florida
277 School for Competitive Academics.
278
279 The Auditor General shall perform his or her duties
280 independently but under the general policies established by the
281 Legislative Auditing Committee. This subsection does not limit
282 the Auditor General’s discretionary authority to conduct other
283 audits or engagements of governmental entities as authorized in
284 subsection (3).
285
286 ================= T I T L E A M E N D M E N T ================
287 And the title is amended as follows:
288 Delete lines 10 - 51
289 and insert:
290 the school; requiring that the school be included in
291 the school choice online portal and that the portal
292 include information to assist parents who wish their
293 children to considered for admission; providing for
294 the appointment of the board of trustees; prescribing
295 the powers and duties of the board of trustees;
296 providing sovereign immunity to the board of trustees;
297 specifying the board’s duties regarding the
298 maintenance of student and employee records; providing
299 requirements regarding background screening of school
300 personnel; specifying duties of the board regarding
301 personnel; providing for funding of the school;
302 requiring the Auditor General to conduct audits of the
303 school; authorizing the Department of Education’s
304 Office of Inspector General to conduct investigations,
305 as appropriate; exempting the school from specified
306 requirements in the Florida Early Learning-20
307 Education Code; providing exceptions; specifying
308 applicability of certain provisions of law; creating
309 s. 1011.58, F.S.; prescribing procedures for the
310 school’s submittal of legislative budget requests;
311 requiring the school to submit an implementation plan
312 to the Department of Education; requiring the
313 Commissioner of Education to include the school in the
314 department’s legislative budget request, subject to
315 specified conditions; requiring the school to submit
316 its fixed capital outlay request to the department;
317 creating s. 1011.59, F.S.; prescribing procedures and
318 requirements governing the request and the
319 appropriation of funds for the operation of the
320 school; requiring the board to develop an annual
321 operating budget; requiring the Chief Financial
322 Officer to transfer or reallocate funds if certain
323 conditions are met; requiring the board to establish
324 authorized positions within funds appropriated to the
325 school; requiring the carry forward of any unexpended
326 funds; amending s. 11.45, F.S.; revising the duties of
327 the Auditor General to conform to changes made by the
328 act; amending s. 216.251, F.S.; specifying