The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Pre-K -12
BILL: CS/SB 1122
INTRODUCER: Education Pre-K - 12 Committee and Senator Burton
SUBJECT: Florida Virtual School
DATE: March 19, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Palazesi Bouck ED Fav/CS
2. AED
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1122 makes both technical and substantive changes related to the Florida Virtual School
(FLVS). These changes impact its governance, funding, reporting, and assessment requirements.
The bill takes effect July 1, 2025.
II. Present Situation:
Florida Virtual School
Founded in 1997
1
, the Florida Virtual School (FLVS) was established for the development and
delivery of online and distance learning education.
2
The mission of FLVS is to provide all
students in Florida with technology-based educational opportunities to gain knowledge and gain
the necessary skills to succeed. FLVS is required to prioritize 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.
1
Florida Virtual School, About Us¸ https://www.flvs.net/about-us, (last visited March 12, 2025).
2
Section 1002.37, (1)(a), F.S.
3
Section 1002.37, (1)(b), F.S.
REVISED: BILL: CS/SB 1122 Page 2
To ensure students are informed of opportunities offered by FLVS, the Commissioner of
Education is required to provide the FLVS Board of Trustees with access to records of public
school students.
4
In the 2024-2025 school year, 9,035 students are enrolled in FLVS full-time in grades
kindergarten through grade 12 and taught by 2,517 teachers.
5
Additionally, school districts may
contract with FLVS to offer an approved FLVS school district franchise for part-time or full-time
students.
6
FLVS Governance
The FLVS is governed by a Board of Trustees (board) comprised of seven members appointed
by the Governor to four-year staggered terms. Board members are public officers who bear
fiduciary responsibility for the FLVS.
7
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.
8
The board oversees the development of FLVS’ technology-based education system, ensuring its
programs are cost-effective, educationally sound, marketable, and self-sustaining through the
Florida Education Finance Program.
9
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.
10
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 FLVS, subject to review by the executive director, who has the authority to reject any
spending that violates Florida law or sound educational management.
11
The FLVS board, like other district school boards, is responsible for administering and
maintaining a personnel program for all FLVS employees.
12
All employees of 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 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
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 12, 2025).
6
Section 1002.37(2)(i), F.S.
7
Section 1002.37(2)(i), F.S.
8
Section 1002.37(2)(a), F.S.
9
Section 1002.37(2)(b), F.S.
10
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 are prescribe the principles and
procedures to be followed in administering these funds consistent with regulations adopted by the State Board of Education.
11
Section 1002.37(2)(b), F.S.
12
Section 1002.37(2)(f), F.S.
13
Section1002.37(2)(f) 5., F.S. BILL: CS/SB 1122 Page 3
FLVS Required Annual Report
The board is required to annually submit to the Governor, the Legislature, the Commissioner of
Education and the State Board of Education the results from their financial audit and the
following:
14
• 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 FLVS
and FLVS Global.
• Recommendations regarding an accountability mechanism to assess the effectiveness of the
services provided by the FLVS and FLVS Global.
Assessment Requirements for FLVS 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.
15
Additionally, industry certification examinations, national
assessments, and statewide assessments offered by the school district are required to be made
available to all FLVS students.
16
If the FLVS and a school district have not agreed upon an
alternative testing site, the FLVS student may 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.
17
III. Effect of Proposed Changes:
CS/SB 1122 amends s. 1002.37, F.S., to make several technical and substantive changes.
Specifically, the bill does the following:
• For Florida Virtual School (FLVS) governance, the bill:
o Removes FLVS requirements to give priority to students who need to expanded access to
courses, students seeking accelerated access in order to earn a high school diploma a
semester early, and student who are children of an active-duty member of the United
States Armed Forces.
o Authorizes the FLVS president and chief executive officer to request a meeting of the
FLVS Board of Trustees (Board), and authorizes the board to enter into contract with
other educational institutions and government agencies.
o Aligns the definition of educational support employees at FLVS with current law.
18
14
Section 1002.37(7), F.S.
15
Section 1002.37(10)(a), F.S.
16
Section 1002.37(10)(b), F.S.
17
Section 1002.37(10)(d), F.S.
18
Section 1012.01(2)(3)(6), F.S. defines educational support employees as employees whose job function are neither
administrative nor instructional, yet whose work supports the educational process. Other employees who are defined as
instructional and administrative also have educational support duties, i.e. librarian or media center specialist. BILL: CS/SB 1122 Page 4
o Clarifies that FLVS employes, except for temporary, seasonal, and student employees,
are state employees for the purpose of being eligible to participate in the Florida
Retirement System.
• For FLVS funding, the bill authorizes the FLVS to approve and accrue supplemental revenue
from a direct support organization and that expenditures from all supplemental funds be
contingent upon review and approval of the FLVS president and chief executive officer.
19
• For the FLVS annual report to the Governor, the Legislature, the Commissioner of Education
and the State Board of Education, the bill requires the FLVS to only report on the operations
and accomplishments of the FLVS and deletes the reporting requirements related to:
o The marketing and operational plan for the FLVS and FLVS Global.
o The assets and liabilities of the FLVS and FLVS Global at the end of the fiscal year.
o Recommendations regarding the unit cost of providing services to students through FLVS
and FLVS Global.
o Recommendations regarding an accountability mechanism to assess the effectiveness of
the services provided by the FLVS and FLVS Global.
• For assessment requirements, the bill clarifies that students at FLVS are eligible to participate
in international assessments if they are administered at the school district. Additionally, the
bill requires a school district to provide a test administrator when a student from FLVS is
participating in required statewide assessments, the coordinated screening and progress
monitoring system, industry certification examinations, and national assessments.
The bill takes effect on July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
19
The position of executive director at FLVS has been changed to Chief Executive Officer. BILL: CS/SB 1122 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
This bill does not have a fiscal impact on state revenues or expenditures.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 1002.37 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Education PreK-12 on March 17, 2025:
The committee substitute amends the bill to remove the authority of the Florida Virtual
School to offer voluntary prekindergarten (VPK) programs and to receive a proportional
share of the Safe Schools allocation.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.