Florida

Florida law does not place any caps on charter school growth.

Florida law allows new start-ups and public school conversions.

Florida law allows local school boards, state universities (for lab schools only), community college district boards of trustees (for charter technical career centers only), and state universities and Florida College System institutions to serve as authorizers.
The law provides an appeals process in which a rejected applicant can appeal to a charter school appeal commission, which makes a recommendation to the state board of education. The law provides that the state board of education can vote to require an authorizer to accept an application. The law requires any appeals involving proposals to replicate a high performing charter school be made directly to the state board of education and requires the authorizer to provide clear and convincing evidence that the application does not meet the requirements specified in law.

State law requires state universities and Florida College System institutions to get approved by the state department of education to serve as authorizers.

State law requires each authorizer to submit an annual report to the state department of education that includes the following information: the number of applications received during the school year and up to August 1 and each applicant's contact information; the date each application was approved, denied, or withdrawn; and, the date each final contract was executed.

The department shall, in collaboration with charter school sponsors and charter school operators, develop a sponsor evaluation framework that must address, at a minimum:
* The sponsor’s strategic vision for charter school authorization and the sponsor’s progress toward that vision.
* The alignment of the sponsor’s policies and practices to best practices for charter school authorization.
* The academic and financial performance of all operating charter schools overseen by the sponsor.
* The status of charter schools authorized by the sponsor, including approved, operating, and closed schools.
* The department shall compile the results by sponsor and include the results in the report required under sub-sub subparagraph (b)1.k.(III).
For a school district that fails to implement the decision affirmed by a district court of appeal to approve a charter school application, the school district shall reduce the administrative fees withheld to 1 percent for all charter schools operating in the school district. Such school districts shall file a monthly report detailing the reduction in the amount of administrative fees withheld. Upon execution of the charter, the sponsor may resume withholding the full amount of administrative fees but may not recover any fees that would have otherwise accrued during the period of noncompliance. Any charter school that had administrative fees withheld may recover attorney fees and costs.

Florida law requires the state department of education to annually provide to the State Board of Education, the Commissioner of Education, the Governor, the President of the Senate, and the Speaker of the House of Representatives an analysis and comparison of the overall performance of charter school students, to include all students whose scores are counted as part of the statewide assessment program, versus comparable public school students in the district as determined by the statewide assessment program currently administered in the school district, and other assessments administered pursuant to state law.

Florida law allows an authorizer to withhold up to 5 percent for:
* Enrollment of up to and including 250 students in a charter school.
* Enrollment of up to and including 500 students within a charter school system which meets all of the following: Includes conversion charter schools and nonconversion charter schools; Has all of its schools located in the same county; Has a total enrollment exceeding the total enrollment of at least one school district in this state; Has the same governing board for all of its schools; Does not contract with a for-profit service provider for management of school operations.
* Enrollment of up to and including 250 students in a virtual charter school.

It allows authorizers to withhold up to 2 percent for enrollment of up to and including 250 students in a high-performing charter school.

It allows authorizers to withhold up to 2 percent for enrollment of up to and including 250 students in an exceptional student education center that meets the requirements of the rules adopted by the State Board of Education.
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Florida law provides that if goods and services are made available to a charter school through a contract with an authorizer, then these services must be provided at a rate no greater than actual cost, unless mutually agreed upon by the charter school and the authorizer in a separate contract. If disputes arise over contracted services or contractual matters, the law allows appeals to an administrative law judge appointed by the Division of Administrative Hearings.
The law does not allow authorizers to charge any additional fees or surcharges for administrative and educational services beyond five percent. Statute also states that an authorizer may not charge a fee for reviewing applications and cannot base its consideration or approval of an application upon the promise of future payment of any kind.
The law requires authorizers to annually provide to the state department of education the total amount of funding withheld in administrative fees from charter schools for the prior fiscal year.

Florida law provides application elements for all schools and additional application elements for conversion schools.
State board regulations require the use of a model charter school application. Florida’s model charter school application requires information if a school intends to replicate an existing school design, including evidence of success for that school design and that the applicant has the financial and human resources necessary to replicate the design. It also has an entire section on required information related to any proposed usage of educational service providers.
The model charter school application includes an evaluation instrument that authorizers are to use when evaluating charter school applications. Although all local school board authorizers must now use this model application, they are not required to conduct an in-person interview and a public meeting.
Florida law requires authorizers to publicly approve or deny applications. If denied, the law requires the sponsor to articulate its reasons in writing. The law allows that the applicant can appeal to the charter school appeal commission and the state board of education.

Florida law requires the creation of charters signed by the governing board of the charter school and the authorizer. State board regulations have established a model contract form that all sponsors must use.
Florida law broadly requires that the charter agreement address the terms, conditions, and major issues involved in the operation of the school. It specifically defines a range of obligations of the school and certain functions of the authorizer, such as annual review of long term agreements, role in creating financial recovery plans, renewal, and modifying the charter agreement.

Florida law requires the charter to address the current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used.

Florida law provides that initial charter terms are for five years, excluding two planning years. In order to facilitate access to long-term financial resources for charter school construction, the law allows charter schools that are operated by a municipality or other public entity to be eligible for up to a 15-year charter, subject to approval by the district school board. It also provides that a charter lab school is eligible for a charter for a term of up to 15 years. In addition, to facilitate access to long-term financial resources for charter school construction, the law allows charter schools that are operated by a private, not-for-profit, 501(c)(3) status corporation to be eligible for up to a 15-year charter, subject to approval by the district school board. Finally, the law provides that a school which meets the requirements to be defined as a “high performing” school shall receive a modification of its charter to a term of 15 years. The law makes such long-term charters subject to annual review and provides that they may be terminated during the term of the charter.

Florida law requires charter schools to participate in the state’s academic accountability system and charter school governing boards to annually report to their authorizers on the school's progress using an on-line annual accountability report format developed by the state department of education. The law requires the authorizer to pass along these performance reports to the state commissioner of education. Such reports are public records.
The law requires charter schools to commit to viable internal audit procedures and controls, including an annual financial audit. State regulations require charter schools to submit monthly financial statements to authorizers and require authorizers to notify a charter school’s governing board in writing within seven days of determining a deteriorating financial condition as defined in regulation. State regulations require both parties to develop a corrective action plan.

Florida law provides that the authorizer has the responsibility to monitor and review a charter school’s progress towards the goals established in the charter and the revenues and expenditures of the school as well as the responsibility to ensure that the charter school is operating in accordance with its contract and applicable law.

The law provides that a charter school that has earned a grade of "D" or "F" must appear before the authorizer to present information concerning each contract component having noted deficiencies and must submit to the authorizer for approval a school improvement plan to raise student achievement.

If a charter school earns three consecutive grades of "D," two consecutive grades of "D" followed by a grade of "F," or two nonconsecutive grades of "F" within a 3-year period, the law requires the charter school governing board to choose one of the following corrective actions: contract for educational services to be provided directly to students, instructional personnel, and school administrators, as prescribed in state board rule; contract with an outside entity that has a demonstrated record of effectiveness to operate the school; reorganize the school under a new director or principal who is authorized to hire new staff; or voluntarily close the charter school. The law requires a charter school implementing a corrective action that does not improve by at least one letter grade after two full school years of implementing the corrective action to select a different corrective action.

Florida law provides that when obligations established in the charter agreement are successfully accomplished (which includes consideration of the school’s performance and financial record over the course of the charter term), authorizers may renew charters.
The law provides that the authorizer shall make student academic achievement for all students the most important factor when determining whether to renew or terminate the charter. It also specifies that non-renewal can result from failure to participate in the state accountability system or failure to meet student performance requirements, inadequate fiscal management, material violations of law, or other good cause shown.

The law requires authorizers to terminate a charter if the charter school earns two consecutive grades of "F" unless: the charter school is established to turnaround the performance of a district public school; the charter school serves a student population the majority of which resides in a school zone served by a district public school that earned a grade of "F" in the year before the charter school opened and the charter school earns at least a grade of "D" in its third year of operation (this exception does not apply to a charter school in its fourth year of operation and thereafter); or the state board grants the charter school a waiver of termination if the charter school demonstrates that the learning gains of its students on statewide assessments are comparable to or better than the learning gains of similarly situated students enrolled in nearby district public schools. The waiver is valid for one year and may only be granted once. Charter schools that have been in operation for more than five years are not eligible for a waiver.

The law allows authorizers to grant renewal terms of up to 15 years. It also provides that schools that meet the definitions of being a high performing charter school are automatically renewed for 15 years.

Florida law states that prior to renewing or terminating a charter, the authorizer must notify the school of the proposed action in writing, stating the authorizer’s grounds. The law allows the school to request a formal hearing an administrative law judge assigned by the state division of administrative hearing. In the case of non-renewal or termination, the law requires the authorizer to provide a letter stating the action, and the school can appeal to the District Court of Appeals with jurisdiction. State rules clarify that all such hearings are public meetings.

Florida law establishes a dissolution and closure process that addresses the redistribution of funds, treatment of debts and encumbrances, and the reassignment of students.

Florida law permits charter schools to contract with education service providers.
State board regulations require the use of a model charter application form, which requires details on any proposed ESP agreements, including services, performance evaluation measures, fee structure, renewal and termination provisions, and how the relationship with the ESP will further the school’s mission. Regulations also require the application to detail why the ESP was selected, what due diligence efforts were conducted to inform the selection, a summary of the ESP’s history, the background and experience of senior management, and student and financial performance data from other schools using this ESP.

The state’s model charter contract form requires the inclusion of any ESP agreement and provides that any changes to the ESP agreement require charter contract modification and approval.

Regulations require the application to explain how the charter school’s governing board will ensure an “arm’s length,” performance-based relationship between the governing board and the ESP. In addition, state law provides that an employee of the charter school, or his or her spouse, or an employee of a charter management organization, or his or her spouse, may not be a member of the governing board of the charter school.

The state’s model application (which was adopted as a rule by the state board of education and therefore has the force of law) requires an applicant to describe the oversight and evaluation methods that the board will use to oversee the ESP and requires an authorizer to use evaluation criteria that includes a description of how the school’s governing board has a clear plan for holding the ESP accountable for negotiated performance.

The model application also must include a description of the spending decisions the management organization can make without obtaining governing board approval, what reports the ESP must submit to the board on financial performance, and on what schedule, and how the governing board will provide financial oversight.

The Florida statute requires all employees and contractors to undergo background screening.

Florida statutes and regulations do not detail clearly that all charter schools are fully fiscally and legally autonomous. For example, the law does it indicate that schools can sue and be sued in their own names. Florida law provides that charter schools must be organized as, or be operated by, a nonprofit organization and allows them to be either a private or a public employer.
The state’s model application requires a description of proposed board member recruitment and development plans and the model application’s evaluation criteria indicates that reviewers must look for a governing board that is legally structured or plans to accomplish it.

Beginning in 2017-18, Florida law requires each district and charter school to adopt a controlled open enrollment plan that allows a student to enroll in any public school in the state that has not reached capacity. Each charter school governing board shall determine capacity based upon its charter contract.

Florida’s law contains anti-discrimination provisions regarding admissions.
Florida law provides that conversions must give enrollment preference to students who would have otherwise attended that public school. It also provides that any charter school must give first preference for admission to dependent children of active-duty military personnel. It does not require them to provide enrollment preferences for prior year students within chartered schools.

Florida law provides that charter schools may give enrollment preference to students who are siblings of a student enrolled in the charter school, students who are the children of a member of the governing board of the charter school, students who are the children of an employee of the charter school, students who are children of a business partner with the school, students who are children of a resident of a municipality that operates a charter school-in-a-municipality,students who have successfully completed, during the previous year, a voluntary prekindergarten education program under ss. 1002.51-1002.79 provided by the charter school, the charter school’s governing board, or a voluntary prekindergarten provider that has a written agreement with the governing board, and students who are the children of active-duty members of any branch of the armed forces.

Florida law provides that a charter school may limit the enrollment process only to target the following student populations: students within specific age groups or grade levels; students considered at risk of dropping out of school or academic failure (such students include exceptional education students); students enrolling in a charter school-in-the-workplace or charter school-in-a-municipality; students residing within a reasonable distance of the charter school; students who meet reasonable academic, artistic, or other eligibility standards established by the charter school and included in the charter school application and charter or, in the case of existing charter schools, standards that are consistent with the school's mission and purpose; students articulating from one charter school to another pursuant to an articulation agreement between the charter schools that has been approved by the authorizer; and students living in a development in which a developer, including any affiliated business entity or charitable foundation, contributes to the formation, acquisition, construction, or operation of one or more charter schools or charter school facilities and related property in an amount equal to or having a total appraised value of at least $5 million to be used as charter schools to mitigate the educational impact created by the development of new residential dwelling units, with students living in the development entitled to 50 percent of the student stations in the charter schools.

Florida law requires charter schools to admit students via a random selection process when the number of applications exceeds the capacity of a program, class, grade level, or building.

Florida law provides that charter schools are exempt from all state statutes and education code provisions except those explicitly applying to charters, assessment, grading, special education, civil rights, health, safety and welfare, public meetings and records, public inspection, and criminal and civil penalties. It also provides that local school board policies don’t apply to charter schools.
Florida law requires that all charter school teachers must be certified.

Florida requires that non-charter public school teachers collectively bargain. In Florida, eight items must be bargained: wages, insurance or fringe benefits, pension and retirement benefits, hours, terms and conditions of employment, leave, dismissal, and grievance procedures. Four items may be bargained: length of the school year, class load or size, transfers and reassignment, and layoffs. No items are expressly excluded from bargaining.Florida law provides that charter school employees may choose to work independently, collectively bargain as a separate unit, or collectively bargain as part of the existing district collective bargaining unit. Employees of conversion charter schools are automatically considered part of the district bargaining unit, unless they opt out.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Florida law prohibited unions from charging agency fees to non-union members of any collective bargaining unit. Therefore, the Supreme Court’s decision did not have any effect on unions in the state.
Florida law states that public employers may recognize exclusive representatives independently. If the employer does not recognize the exclusive representative, however, employees may petition the Public Employees Relations Commission to do so. The petition must represent at least 30 percent of employees. The commission then conducts an election that must include the petitioning organization and any registered employee organization desiring placement on the ballot with at least 10 percent of employees in support. No petition may be filed within 12 months of a prior election or an effective certification of an exclusive representative. If a collective bargaining agreement is in place, petitions may only be filed during the 90 to 150-day window preceding the expiration of the agreement.
In spring 2018, Florida enacted a new law putting any teachers’ union with less than 50 percent dues-paying membership at risk of decertification. This law is currently being challenged in a lawsuit by the Florida Education Association.

Florida law indicates that a governing board that oversees multiple high-performing charter schools in the same district may consolidate those into a single charter. However, there is nothing in statute or rule that specifically requires each school to maintain independent fiscal and academic accountability.

The state interscholastic association’s rules include charter schools in their definitions of schools eligible to participate in all such activities. Florida law provides that charter students are eligible to participate in an interscholastic activity at the public school that a student would otherwise have been assigned to.

Florida law provides that the school district authorizer is the LEA, with the schools responsible for providing services and the districts responsible for overseeing the provision of services. It also provides that the boards of trustees of an authorizing state university or Florida College System institution is the LEA for all charter schools they authorize.
However, the law allows charter schools that meet each of the following requirements to be designated a LEA for the purpose of receiving federal funds: has all schools located in same county; has total enrollment exceeding the total enrollment of at least one school district in the state; and has the same governing board for all schools. The governing board must adopt and file a resolution with its authorizing district and the state department of education and accept full responsibility for all LEA requirements related to the federal programs. Additionally, a governing board that is operating a system of charter schools within a district that are established pursuant to public school improvement efforts may also be designated as a LEA for the purpose of receiving federal funds.
The law explicitly states that charter schools are entitled to any Title I or IDEA funds for which they qualify and they will receive this funding directly from the state department of education.
The law states that districts must provide services to charter schools, but it does not grant blanket access to any state offered services.

Florida law provides that charter schools should be funded the same as other public schools and that charter schools are entitled to their proportionate share of categorical program funds included in the Florida Education Finance Program, including transportation.
In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Expands, 2014), Florida charter schools were receiving on average $7,649 per pupil in public funds, while traditional public schools would have received $10,109 for those students. As a result, the state's charter schools were receiving $2,460 per pupil – or 24.3% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals some continued inequities for both operational and capital funding (see component #19 for information on capital issues).

Florida law provides a per-pupil charter facilities funding program for eligible charter schools on a formula basis. It specifies that a school is eligible if it has been in operation at least two years, is part of an expanded feeder pattern chain, or is accredited. For 2019-20, the legislature appropriated $158.2 million for this fund.

Beginning in fiscal year 2019-2020, charter school capital outlay funding shall consist of state funds when such funds are appropriated in the General Appropriations act and district discretionary mill levies if the amount of state funds appropriated for charter school capital outlay in any fiscal year is less than the average charter school capital outlay funds per unweighted full-time equivalent student for the 2018-19 fiscal year, multiplied by the estimated number of charter school students for the applicable fiscal year, and adjusted by changes in the Consumer Price Index issued by the United States Department of Labor from the previous fiscal year. In other words, should state appropriations be insufficient to fund charter school capital outlay funding at 2018-19 levels, the local school district will be required to make up the difference by contributing local district tax revenues.

Florida law requires school districts to share tax revenues generated from school district-voted discretionary millages with charter schools based on each charter school’s proportionate share of the district’s total unweighted full-time equivalent student enrollment. It requires charter schools to use the funds in the same manner as required by non-charter schools. It requires the referendum to contain an explanation of the distribution methodology consistent with this change. It provides that these changes apply to operating millage levies authorized by a vote of the electors on or after July 1, 2019. Legislation passed in 2020 now requires the referendum to include a statement that the revenues collected will be shared with charter schools based on their proportionate share of the total school district enrollment.

Florida law allows conversion charter schools to remain in their previous district facilities that comply with the State Requirements for Educational Facilities provided that the school district and the charter school have entered into a mutual management plan for the reasonable maintenance of such facilities.
In addition, if a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it is provided for a charter school's use on the same basis as it is made available to other public schools in the district.
Each school district shall annually provide to the state department of education as part of its 5-year work plan the number of existing vacant classrooms in each school that the district does not intend to use or does not project will be needed for educational purposes for the following school year. The department may recommend that a district make such space available to an appropriate charter school.
No later than January 1, the department shall annually provide to school districts a list of all underused, vacant, or surplus facilities owned or operated by the school district as reported in the Florida Inventory of School Houses. A school district may provide evidence to the department that the list contains errors or omissions within 30 days after receipt of the list. By each April 1, the department shall update and publish a final list of all underused, vacant, or surplus facilities owned or operated by each school district, based upon updated information provided by each school district.

Florida law allows the Florida Industrial Development Financing Act to authorize any county or municipality to issue tax-exempt industrial development bonds to finance the cost of eligible projects, including facilities owned and operated by charter schools.

Florida law provides that charter schools that opt to be organized as a public employer have equal access to the state retirement system.

Florida’s law includes a small number of the model law’s provisions regarding full-time virtual charter schools.
The law provides performance-based funding to full-time virtual charter schools.

The law also provides that virtual charter schools may be authorized only if the virtual charter school has an executed contract with a state approved provider of virtual instruction services.