Bill Text: FL S7014 | 2023 | Regular Session | Enrolled
Bill Title: Juvenile Justice
Spectrum: Committee Bill
Status: (Passed) 2023-05-12 - Chapter No. 2023-59 [S7014 Detail]
Download: Florida-2023-S7014-Enrolled.html
ENROLLED 2023 Legislature CS for SB 7014, 1st Engrossed 20237014er 1 2 An act relating to juvenile justice; amending s. 3 20.316, F.S.; requiring that the secretary of the 4 Department of Juvenile Justice oversee the 5 establishment of the Florida Scholars Academy; 6 revising a duty of the secretary; creating s. 985.619, 7 F.S.; requiring that the department establish the 8 academy; specifying the academy’s mission; requiring 9 the academy to provide students with greater access to 10 secondary and postsecondary educational opportunities; 11 providing requirements for the contractual agreement 12 entered into by the department with an education 13 service provider; requiring that the superintendent of 14 the academy be approved by the secretary; requiring 15 that the academy be governed by a board of trustees; 16 providing for board membership; specifying the powers 17 and duties of the board; specifying funding sources 18 for the academy; providing requirements related to 19 funding; prohibiting the pledging of the state’s 20 credit on behalf of the academy; requiring annual 21 financial audits of the academy; providing audit 22 requirements; providing requirements for an audit 23 report; authorizing the department to adopt rules; 24 amending s. 1000.04, F.S.; specifying that the academy 25 is a component of the delivery of public education 26 within Florida’s Early Learning-20 education system; 27 amending s. 1013.53, F.S.; requiring the department to 28 provide early notice to school districts regarding the 29 siting of new juvenile justice detention facilities; 30 requiring that school districts be consulted regarding 31 the types of students expected to be assigned to 32 detention facilities, rather than commitment 33 facilities; deleting requirements of the department 34 related to commitment facilities; providing an 35 appropriation; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Paragraph (c) of subsection (1) of section 40 20.316, Florida Statutes, is amended to read: 41 20.316 Department of Juvenile Justice.—There is created a 42 Department of Juvenile Justice. 43 (1) SECRETARY OF JUVENILE JUSTICE.— 44 (c) The Secretary of Juvenile Justice shall: 45 1. Ensure that juvenile justice continuum programs and 46 services are implemented according to legislative intent; state 47 and federal laws, rules, and regulations; statewide program 48 standards; and performance objectives by reviewing and 49 monitoring regional and circuit program operations and providing 50 technical assistance to those programs. 51 2. Identify the need for and recommend the funding and 52 implementation of an appropriate mix of programs and services 53 within the juvenile justice continuum, including prevention, 54 diversion, nonresidential and residential commitment programs, 55 training schools, and conditional release programs and services, 56 with an overlay of educational, career and technical education 57vocational, alcohol, drug abuse, and mental health services 58 where appropriate. 59 3. Oversee the establishment of the Florida Scholars 60 Academy created under s. 985.619. 61 4.3.Provide for program research, development, and 62 planning. 63 5.4.Develop staffing and workload standards and coordinate 64 staff development and training. 65 6.5.Develop budget and resource allocation methodologies 66 and strategies. 67 7.6.Establish program policies and rules and ensure that 68 those policies and rules encourage cooperation, collaboration, 69 and information sharing with community partners in the juvenile 70 justice system to the extent authorized by law. 71 8.7.Develop funding sources external to state government. 72 9.8.Obtain, approve, monitor, and coordinate research and 73 program development grants. 74 10.9.Enter into contracts. 75 11.10.Monitor all state-funded programs, grants, 76 appropriations, or activities that are designed to prevent 77 juvenile crime, delinquency, gang membership, or status offense 78 behaviors and all state-funded programs, grants, appropriations, 79 or activities that are designed to prevent a child from becoming 80 a “child in need of services,” as defined in chapter 984, in 81 order to effect the goals and policies of the State 82 Comprehensive Plan regarding children and regarding governmental 83 efficiency, and in order to determine: 84 a. The number of youth served by such state-funded 85 programs, grants, appropriations, or activities; 86 b. The number of youth who complete such state-funded 87 programs, grants, appropriations, or activities; 88 c. The number and percentage of youth who are referred for 89 delinquency while participating in such state-funded programs, 90 grants, appropriations, or activities; 91 d. The number and percentage of youth who are referred for 92 delinquency within 6 months after completing such state-funded 93 programs, grants, appropriations, or activities. 94 Section 2. Section 985.619, Florida Statutes, is created to 95 read: 96 985.619 Florida Scholars Academy.— 97 (1) ESTABLISHMENT.— 98 (a) The department shall establish the Florida Scholars 99 Academy to deliver educational opportunities to students served 100 in residential commitment programs under this chapter. 101 (b) Each residential program site established, authorized, 102 or designated by the department is considered a campus of the 103 Florida Scholars Academy. 104 (c) Students sentenced by a court to adult facilities under 105 chapter 944 are not eligible to enroll in the Florida Scholars 106 Academy. 107 (2) MISSION.—The mission of the Florida Scholars Academy is 108 to provide a free and appropriate high-quality education to 109 eligible students within the juvenile justice system, and to 110 prepare students for gainful employment as productive citizens 111 upon their reentry into the community. Educational pathways will 112 include a K-12 education, a high school equivalency diploma, a 113 career and technical education credential pursuant to s. 114 1003.4282(10), and enrollment in a degree program at a state 115 college or university, with an emphasis on attaining an 116 industry-recognized credential of value from the Master 117 Credentials List under s. 445.004(4)(h). 118 (3) REQUIRED CONTRACTING.— 119 (a) The department shall enter into a contractual agreement 120 with an education service provider with a proven track record of 121 success to operate, provide, or supplement full-time instruction 122 and instructional support services for students to earn a high 123 school diploma or high school equivalency diploma, enroll in a 124 degree program at a state college or university, and earn 125 industry-recognized credentials of value from the Master 126 Credentials List. The contracted education service provider is 127 responsible for the administration of all educational services 128 to students enrolled in the academy. 129 (b) The superintendent of the Florida Scholars Academy must 130 be approved by the secretary of the department. The 131 superintendent is responsible for the management and day-to-day 132 operations of the Florida Scholars Academy. 133 (4) GOVERNING BODY; POWERS AND DUTIES.— 134 (a)1. The Florida Scholars Academy shall be governed by a 135 board of trustees, composed of the following five members: 136 a. The secretary of the department, or his or her designee. 137 b. Four members appointed by the Governor. 138 2. The secretary of the department or his or her designee 139 shall be the initial chair of the board and shall serve a term 140 of 4 years. Members of the board of trustees shall serve without 141 compensation but may be reimbursed for per diem and travel 142 expenses pursuant to s. 112.061. 143 (b) The board of trustees shall have the following powers 144 and duties: 145 1. Meet at least 4 times each year, upon the call of the 146 chair, or at the request of a majority of the membership. 147 2. Be responsible for the Florida Scholars Academy’s 148 development of an education delivery system that is cost 149 effective, high-quality, educationally sound, and capable of 150 sustaining an effective delivery system. 151 3.a. Identify appropriate performance measures and 152 standards based on student achievement which reflect the 153 school’s statutory mission and priorities, and implement an 154 accountability system approved by the State Board of Education 155 for the school by the 2024-2025 school year which includes an 156 assessment of its effectiveness and efficiency in providing 157 quality services that encourage high student achievement, 158 seamless articulation, and maximum access to career 159 opportunities. 160 b. For the 2024-2025 school year, the results of the 161 accountability system must serve as an informative baseline for 162 the academy as it works to improve performance in future years. 163 4. Administer and maintain the educational programs of the 164 Florida Scholars Academy in accordance with law and department 165 rules, in consultation with the State Board of Education. 166 5. With the approval of the secretary of the department or 167 his or her designee, determine the compensation, including 168 salaries and fringe benefits, and other conditions of employment 169 for such personnel, in alignment with the Florida Scholars 170 Academy’s provider contracts. 171 6. The employment of all Florida Scholars Academy 172 administrative and instructional personnel are subject to 173 rejection for cause by the secretary of the department or his or 174 her designee and are subject to policies established by the 175 board of trustees. 176 7. Provide for the content and custody of student records 177 in compliance with s. 1002.22. 178 8. Maintain the financial records and accounts of the 179 Florida Scholars Academy in compliance with rules adopted by the 180 State Board of Education for the uniform system of financial 181 records and accounts for the schools of this state. 182 9. Is a body corporate with all the powers of a body 183 corporate and may exercise such authority as is needed for the 184 proper operation and improvement of the Florida Scholars 185 Academy. The board of trustees is specifically authorized to 186 adopt rules, policies, and procedures, consistent with law and 187 State Board of Education rules related to governance, personnel, 188 budget and finance, administration, programs, curriculum and 189 instruction, travel and purchasing, technology, students, 190 contracts and grants, and property as necessary for optimal, 191 efficient operation of the Florida Scholars Academy. 192 (5) FUNDING.— 193 (a)1. Subject to appropriation, funding may be provided for 194 the operational and instructional services for students enrolled 195 in the Florida Scholars Academy. 196 2. The Florida Scholars Academy may receive all federal 197 funds for which it is eligible. 198 (b) The secretary of the department shall prepare and 199 submit a legislative budget request on behalf of the Florida 200 Scholars Academy as part of the department’s legislative budget 201 request. The request of funds may be for operating and fixed 202 capital outlay, in accordance with chapter 216. 203 (c) The fiscal year for the Florida Scholars Academy is the 204 fiscal year of the state as defined in s. 216.011(1)(o). 205 (6) STATE CREDIT LIMITATION.—The credit of the state may 206 not be pledged under any circumstance on behalf of the Florida 207 Scholars Academy. 208 (7) ANNUAL AUDIT.— 209 (a) The Florida Scholars Academy must have an annual 210 financial audit of its accounts and records conducted by an 211 independent auditor who is a certified public accountant 212 licensed under chapter 473. The independent auditor shall 213 conduct the audit in accordance with rules adopted by the 214 Auditor General pursuant to s. 11.45 and shall, upon completion 215 of the audit, prepare an audit report in accordance with such 216 rules. 217 (b) The independent auditor shall submit the audit report 218 to the board of trustees and the Auditor General not later than 219 9 months after the end of the preceding fiscal year. 220 (c) The board of trustees shall respond to recommendations 221 included in the audit report or received directly from the 222 Auditor General with evidence of corrective action within 45 223 days after receipt of the recommendations. 224 (8) RULEMAKING.—The department may establish rules to 225 implement this section. 226 Section 3. Subsection (6) is added to section 1000.04, 227 Florida Statutes, to read: 228 1000.04 Components for the delivery of public education 229 within the Florida Early Learning-20 education system.—Florida’s 230 Early Learning-20 education system provides for the delivery of 231 early learning and public education through publicly supported 232 and controlled K-12 schools, Florida College System 233 institutions, state universities and other postsecondary 234 educational institutions, other educational institutions, and 235 other educational services as provided or authorized by the 236 Constitution and laws of the state. 237 (6) FLORIDA SCHOLARS ACADEMY.—The Florida Scholars Academy 238 is a component of the delivery of public education within the 239 Florida Early Learning-20 education system. 240 Section 4. Section 1013.53, Florida Statutes, is amended to 241 read: 242 1013.53 Cooperative development of educational facilities 243 in juvenile justice programs.— 244 (1) The Department of Juvenile Justice shall provide early 245 notice to school districts regarding the siting of new juvenile 246 justice detention facilities. School districts shall include the 247 projected number of students in the districts’ annual estimates. 248 School districts must be consulted regarding the types of 249 students expected to be assigned to detentioncommitment250 facilities for education planning and budgeting purposes. 251 (2) The Department of Juvenile Justice shall notify, in 252 writing, the Department of Education when a request for 253 proposals is issued for the construction or operation of a 254commitment ordetention facility anywhere in thisthestate. The 255 Department of Juvenile Justice shall notify, in writing, the 256 appropriate school district when a request for proposals is 257 issued for the construction or operation of acommitment or258 detention facility when a county or site is specifically 259 identified. 260 (3) The Department of Juvenile Justice shall also notify 261 the district school superintendent within 30 days after: 262 (a) The award of a contract for the construction or 263 operation of acommitment ordetention facility within that 264 school district. 265 (b) Obtaining a permit to begin construction of a new 266 detentionor commitmentfacility within that school district. 267 Section 5. For the 2023-2024 fiscal year, the recurring sum 268 of $12 million is appropriated from the General Revenue Fund to 269 the Department of Juvenile Justice for the purpose of carrying 270 out this act. 271 Section 6. This act shall take effect July 1, 2023.