STORAGE NAME: h0885.EAS
DATE: 3/25/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 885
TITLE: Florida Virtual School
SPONSOR(S): Smith
COMPANION BILL: CS/SB 1122 (Burton)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Education Administration
PreK-12 Budget
Education & Employment
SUMMARY
Effect of the Bill:
The bill amends a number of provisions in the Florida Virtual School (FLVS) statute by allowing the FLVS to serve
all students in Florida without need for a priority system, clarifying existing authority regarding the receipt and use
of supplemental funding, providing additional authority regarding contracting, authorizing the FLVS to receive safe
schools allocation funding, and clarifying the role of school districts when providing support for FLVS students
taking assessments.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill removes language from the Florida Virtual School (FLVS) statute related to priority enrollment due to the
ability of the FLVS to serve all students without the need to resort to a priority system. The bill authorizes the FLVS
president and chief executive officer to call a meeting of the FLVS board of trustees (board). The bill includes
direct-support organizations in the entities the FLVS is authorized to accrue supplemental funding from. The bill
provides that the use of supplemental funds is subject to review and approval by the FLVS president and chief
executive officer or his or her designee.
The bill clarifies which personnel are subject to the FLVS board policies governing certification, tenure, leaves of
absence, sabbaticals, remuneration, and such other conditions of employment. The bill removes language expressly
making administrative and instructional personnel subject to rejection from employment by the board for cause.
The bill authorizes the FLVS board to enter into contracts with educational entities and governmental agencies in
addition to the existing authority to establish franchise agreements with school districts. The bill maintains the
requirement that that the FLVS submit an annual report setting forth the operations and accomplishments of the
FLVS but removes specified requirements related to the contents of the report.
With regard to funding, the bill authorizes the FLVS to receive safe schools allocation funds. The bill includes all
full-time and part-time FLVS students for purposes of full-time equivalent student calculations. With regard to
assessments, the bill authorizes the FLVS to offer international assessments. The bill also requires that a school
district provide a test administrator for FLVS students taking the progress monitoring and other assessments at
the students’ assigned school. (Section 1).
The effective date of the bill is July 1, 2025. (Section 2).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Virtual School Background
Founded in 1997,
1 the FLVS was established for the development and delivery of online and distance learning
education.
2 The mission of the FLVS is to provide all students in Florida with technology-based educational
opportunities to gain knowledge and gain the necessary skills to succeed. The FLVS is required to prioritize
admission of students:
3
That need expanded access to courses to meet their educational goals.
That are seeking accelerated access to graduate at least one semester early.
That are children of an active-duty member of the United States Armed Forces who is not stationed in this
state whose home of record or state of legal residence is Florida.
To ensure students are informed of opportunities offered by the FLVS, the Commissioner of Education
(Commissioner) is required to provide the FLVS board with access to records of public school students.
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In the 2024-2025 school year, 9,035 students are enrolled in the FLVS full-time in grades kindergarten through
grade 12 and taught by 2,517 teachers.
5
Florida Virtual School Governance
The FLVS board is comprised of seven members appointed by the Governor to 4-year staggered terms. Board
members are public officers who bear fiduciary responsibility for the FLVS.
6 The board is required to meet at least
four times a year, upon the call of the chair or at the request of the majority of the board.
7
The board oversees the development of the FLVS’ technology-based education system, ensuring its programs are
cost-effective, educationally sound, marketable, and self-sustaining through the Florida Education Finance
Program (FEFP).
8 The board is also tasked with seeking avenues to generate revenue to support its future
programs and any funds that are generated from patents, copyrights, trademarks, or licenses are considered
internal funds.
9 Additionally, the board may receive supplemental revenue from support organizations such as
alumni associations, foundations, parent-teacher associations, and booster clubs. These organizations can
recommend expenditures for the FLVS, subject to review by the executive director, who has the authority to reject
any spending that violates Florida law or sound educational management.
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The FLVS board, like other district school boards, is responsible for administering and maintaining a personnel
program for all the FLVS employees.
11 The employment of all the FLVS academic administrative and instructional
personnel shall be subject to rejection for cause by the board, and shall be subject to policies of the board relative
to certification, tenure, leaves of absence, sabbaticals, remuneration, and such other conditions of employment as
the board deems necessary and proper, not inconsistent with the law.
12 All employees of the FLVS, except for
temporary, seasonal, and student employees may be state employees eligible to participate in the Florida
Retirement System and receive benefits. The classification and pay plan, including terminal leave and other
1
Florida Virtual School, About Us¸ https://www.flvs.net/about-us, (last visited March 21, 2025).
2
Section 1002.37(1)(a), F.S.
3
Section 1002.37(1)(b), F.S.
4
Section 1002.37(1)(c), F.S.
5
Florida Department of Education, Know Your Schools Portal – Population and Enrollment, Overview,
https://edudata.fldoe.org/ReportCards/Schools.html?school=0000&district=71, (last visited March 21, 2025).
6
Section 1002.37(2)(i), F.S.
7
Section 1002.37(2)(a), F.S.
8
Section 1002.37(2)(b), F.S.
9
Section 1002.37(2)(c), F.S. See s. 1011.07, F.S., District School boards are responsible for the administration and control of all
local school funds derived by any public school from all activities or sources and establish the principles and procedures to be
followed in administering these funds consistent with regulations adopted by the State Board of Education.
10
Section 1002.37(2)(b), F.S.
11
Section 1002.37(2)(f), F.S.
12
Section 1002.37(2)(f)3., F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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benefits, and any amendments thereto, are subject to review and approval by the Department of Management
Services and the Executive Office of the Governor prior to adoption.
13
The FLVS board shall establish criteria defining the elements of an approved franchise. The board may enter into
franchise agreements with Florida district school boards and may establish the terms and conditions governing
such agreements. The board establishes the performance and accountability measures and reports the
performance of each school district franchise to the Commissioner.
Florida Virtual School Funding
The FLVS receives state funds for operating purposes as provided in the General Appropriations Act (GAA).
14 The
calculation to determine the amount of state funds includes:
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The sum of the basic amount of current operations established in law.
16
The discretionary millage compression supplement.
17
The state funded discretionary contribution.
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A per-full-time equivalent share of the exceptional student education.
19
The mental health assistance allocation.
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Florida Virtual School Required Annual Report
The board is required to annually submit to the Governor, the Legislature, the Commissioner and the State Board of
Education the results from their financial audit and the following:
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The operations and accomplishments of the FLVS within the state and those occurring outside the state as
FLVS Global.
The marketing and operational plan for the FLVS and FLVS Global, including recommendations regarding
methods for improving the delivery of education through the Internet and other distance learning
technology.
The assets and liabilities of the FLVS and FLVS Global at the end of the fiscal year.
Recommendations regarding the unit cost of providing services to students through the FLVS and FLVS
Global.
Recommendations regarding an accountability mechanism to assess the effectiveness of the services
provided by the FLVS and FLVS Global.
Assessment Requirement for Florida Virtual School Students
Public school students receiving full-time instruction in kindergarten through grade 12 by the FLVS must take all
required statewide assessments and participate in the coordinated screening and progress monitoring system.
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Additionally, industry certification examinations, national assessments, and statewide assessments offered by the
school district are required to be made available to all FLVS students.
23 If the FLVS and a school district have not
agreed upon an alternative testing site, the FLVS student must take the assessments at the school to which the
student would be assigned according to district school board attendance areas. A school district is required to
provide the student with access to the school’s testing facilities and the date and time of the administration of
progress monitoring and each examination or assessment.
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Safe Schools Allocation
13
Section 1002.37(2)(f)5., F.S.
14
Section 1002.37(3)(f), F.S.
15
Id.
16
See s. 1011.62(1)(s), F.S.
17
See s. 1011.62(5), F.S.
18
See s. 1011.62(6), F.S.
19
See s. 1011.62(8), F.S.
20
See s. 1011.62(13), F.S.
21
Section 1002.37(7), F.S.
22
Section 1002.37(10)(a), F.S.
23
Section 1002.37(10)(b), F.S.
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Section 1002.37(10)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The Safe Schools Allocation is a categorical in the FEFP and provides funding to assist school districts in their
compliance with school safety requirements outlined in law, with priority given to safe-school officers. Each school
district receives a minimum safe schools allocation in an amount provided in the GAA. For the remaining balance of
the safe schools allocation, one-third is allocated to school districts based on the most recent official Florida Crime
Index provided by the Department of Law Enforcement and two-thirds shall be allocated based on each school
district’s proportionate share of the state’s total unweighted full-time equivalent student enrollment.
25 The FLVS
does not currently receive a portion of the safe schools allocation.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 HB 5101 Tomkow Broxson Became law on July 1, 2023.
2021 HB 5101 Fine Stargel Became law on July 1, 2021.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Education Administration
Subcommittee
Sleap Wolff
PreK-12 Budget Subcommittee
Education & Employment
Committee
25
Section 1011.62(12), F.S.