Florida 2025 Regular Session Status: In Committee 2 R cosponsors

HB 871 — Virtual Instruction

Last action — Died in Education & Employment Committee

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Virtual Instruction; Provides that certain students are excluded from specified calculations relating to high-performing charter school's facility capacity; authorizes high-performing charter schools to provide part-time virtual courses to certain students; provides funding requirements for such courses; revises authorized uses of Florida Tax Credit Scholarship funds.

Bill Text

What changed in the latest version

167 added · 348 removed

167 line(s) added, 348 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 A bill to be entitled An act relating to virtual instruction;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 871 2025 A bill to be entitled An act relating to virtual instruction;
amending ss.
1002.394 and 1002.395, F.S.;
authorizing students to enroll in virtual programs through private schools using Family Empowerment Scholarship and Florida Tax Credit Scholarship awards;
1002.421, F.S.;
1002.331, F.S.;
conforming a provision to changes made by the act;
providing that certain students are excluded from specified calculations relating to a high-performing charter school's facility capacity;
authorizing high-performing charter schools to provide virtual courses to certain students;
providing funding requirements for such courses;
1002.45, F.S.;
1002.395, F.S.;
authorizing public schools to operate hybrid models of education while maintaining student enrollment;
revising the authorized uses of Florida Tax Credit Scholarship funds;
amending s.
1003.01, F.S.;
revising the definition of the term "regular school attendance" to conform to changes made by the act;
Subsection (4) of section 1002.394, Florida Statutes, is amended to read:
Paragraph (a) of subsection (2) of section 1002.331, Florida Statutes, is amended, and paragraph (f) is added to that subsection, to read:
1002.394 The Family Empowerment Scholarship Program.— (4) AUTHORIZED USES OF PROGRAM FUNDS.— (a) Program funds awarded to a student determined eligible pursuant to paragraph (3)(a) may be used for:
1002.331 High-performing charter schools.— (2) A high-performing charter school is authorized to:
1.
(a) Increase its student enrollment once per school year to more than the capacity identified in the charter, but student enrollment may not exceed the capacity of the facility at the time the enrollment increase will take effect.
Tuition and fees at an eligible private school.
Students enrolled in virtual courses may not be counted as enrolled students for purposes of determining the facility's capacity.
2.
Facility capacity for purposes of expansion shall include any Page 1 of 6 CODING:
Instructional materials, including digital materials and Internet resources.
Page 1 of 13 CODING:
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 3.
hb871-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 871 2025 improvements to an existing facility or any new facility in which the students of the high-performing charter school will enroll.
Curriculum as defined in subsection (2).
(f) Provide virtual courses, approved pursuant to s.
4.
1003.499, to students in grades 9 through 12.
Tuition and fees associated with full-time or part-time enrollment in an eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unless the program is subject to s.
Funding for virtual courses shall be as provided in s.
1009.25 or reimbursed pursuant to s.
1002.45(6).
1009.30;
A high-performing charter school shall notify its sponsor in writing by March 1 if it intends to increase enrollment or expand grade levels the following school year.
an approved preapprenticeship program as defined in s.
The written notice shall specify the amount of the enrollment increase and the grade levels that will be added, as applicable.
446.021(5) which is not subject to s.
If a charter school notifies the sponsor of its intent to expand, the sponsor shall modify the charter within 90 days to include the new enrollment maximum and may not make any other changes.
1009.25 and complies with all applicable requirements of the department pursuant to chapter 1005;
The sponsor may deny a request to increase the enrollment of a high- performing charter school if the commissioner has declassified the charter school as high-performing.
a private tutoring program authorized under s.
If a high-performing charter school requests to consolidate multiple charters, the sponsor shall have 40 days after receipt of that request to provide an initial draft charter to the charter school.
1002.43;
The sponsor and charter school shall have 50 days thereafter to negotiate and notice the charter contract for final approval by the sponsor.
a virtual program offered by a department-approved private online provider that meets the private school eligibility requirements specified in s.
Section 2.
1002.421(1)(a)-(s), with the exception of s.
Paragraph (b) of subsection (2) and paragraph Page 2 of 6 CODING:
1002.421(1)(i) and any other provisions of law that conflict with a virtual education;
a full-time virtual program offered by a private online provider that meets the private school eligibility requirements specified in s.
1002.395(8), with the exception of s.
1002.421(1)(i) and any other provisions of law that conflict with a full-time virtual education provider qualifications specified in s.
1002.45(2)(a);
the Florida Virtual School as a private paying student;
or an approved online course offered pursuant to s.
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1003.499 or s.
1004.0961.
5.
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement Examinations, industry certification examinations, assessments related to postsecondary Page 2 of 13 CODING:
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 education, or other assessments.
hb871-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 871 2025 (d) of subsection (6) of section 1002.395, Florida Statutes, are amended to read:
6.
1002.395 Florida Tax Credit Scholarship Program.— (2) DEFINITIONS.—As used in this section, the term:
Contracted services provided by a public school or school district, including classes.
(b) "Choice navigator" means an individual who meets the requirements of sub-subparagraph (6)(d)4.j.
A student who receives contracted services under this subparagraph is not considered enrolled in a public school for eligibility purposes as specified in subsection (6) but rather attending a public school on a part-time basis as authorized under s.
(6)(d)4.g.
1002.44.
and who provides consultations, at a mutually agreed upon location, on the selection of, application for, and enrollment in educational options addressing the academic needs of a student;
7.
curriculum selection;
Tuition and fees for part-time tutoring services or fees for services provided by a choice navigator.
and advice on career and postsecondary education opportunities.
Such services must be provided by a person who holds a valid Florida educator's certificate pursuant to s.
However, nothing in this section authorizes a choice navigator to oversee or exercise control over the curricula or academic programs of a personalized education program.
1012.56, a person who holds an adjunct teaching certificate pursuant to s.
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.—An eligible nonprofit scholarship-funding organization:
1012.57, a person who has a bachelor's degree or a graduate degree in the subject area in which instruction is given, a person who has demonstrated a mastery of subject area knowledge pursuant to s.
1012.56(5), or a person certified by a nationally or internationally recognized research-based training program as approved by the department.
As used in this subparagraph, the term "part-time tutoring services" does not qualify as regular school attendance as defined in s.
1003.01(16)(e).
(b) Program funds awarded to a student with a disability determined eligible pursuant to paragraph (3)(b) may be used for the following purposes:
1.
Instructional materials, including digital devices, digital periphery devices, and assistive technology devices that Page 3 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 allow a student to access instruction or instructional content and training on the use of and maintenance agreements for these devices.
2.
Curriculum as defined in subsection (2).
3.
Specialized services by approved providers or by a hospital in this state which are selected by the parent.
These specialized services may include, but are not limited to:
a.
Applied behavior analysis services as provided in ss.
627.6686 and 641.31098.
b.
Services provided by speech-language pathologists as defined in s.
468.1125(8).
c.
Occupational therapy as defined in s.
468.203.
d.
Services provided by physical therapists as defined in s.
486.021(8).
e.
Services provided by listening and spoken language specialists and an appropriate acoustical environment for a child who has a hearing impairment, including deafness, and who has received an implant or assistive hearing device.
4.
Tuition and fees associated with full-time or part-time enrollment in a home education program;
an eligible private school;
an eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unless the program is subject to s.
1009.25 or reimbursed pursuant to s.
1009.30;
an approved preapprenticeship program as defined in s.
446.021(5) which is not subject to s.
1009.25 and Page 4 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 complies with all applicable requirements of the department pursuant to chapter 1005;
a private tutoring program authorized under s.
1002.43;
a virtual program offered by a department- approved private online provider that meets the private school eligibility requirements provider qualifications specified in s.
1002.421(1)(a)-(s), with the exception of s.
1002.421(1)(i) and any other provisions of law that conflict with a virtual education;
a full-time virtual program offered by a private online provider that meets the private school eligibility requirements specified in s.
1002.395(8), with the exception of s.
1002.421(1)(i) and any other provisions of law that conflict with a full-time virtual education s.
1002.45(2)(a);
the Florida Virtual School as a private paying student;
or an approved online course offered pursuant to s.
1003.499 or s.
1004.0961.
5.
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement Examinations, industry certification examinations, assessments related to postsecondary education, or other assessments.
6.
Contributions to the Stanley G.
Tate Florida Prepaid College Program pursuant to s.
1009.98 or the Florida College Savings Program pursuant to s.
1009.981 for the benefit of the eligible student.
7.
Contracted services provided by a public school or school district, including classes.
A student who receives services under a contract under this paragraph is not considered Page 5 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 enrolled in a public school for eligibility purposes as specified in subsection (6) but rather attending a public school on a part-time basis as authorized under s.
1002.44.
8.
Tuition and fees for part-time tutoring services or fees for services provided by a choice navigator.
Such services must be provided by a person who holds a valid Florida educator's certificate pursuant to s.
1012.56, a person who holds an adjunct teaching certificate pursuant to s.
1012.57, a person who has a bachelor's degree or a graduate degree in the subject area in which instruction is given, a person who has demonstrated a mastery of subject area knowledge pursuant to s.
1012.56(5), or a person certified by a nationally or internationally recognized research-based training program as approved by the department.
As used in this subparagraph, the term "part-time tutoring services" does not qualify as regular school attendance as defined in s.
1003.01(16)(e).
9.
Fees for specialized summer education programs.
10.
Fees for specialized after-school education programs.
11.
Transition services provided by job coaches.
Transition services are a coordinated set of activities which are focused on improving the academic and functional achievement of a student with a disability to facilitate the student's movement from school to postschool activities and are based on the student's needs.
12.
Fees for an annual evaluation of educational progress Page 6 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 by a state-certified teacher under s.
1002.41(1)(f), if this option is chosen for a home education student.
13.
Tuition and fees associated with programs offered by Voluntary Prekindergarten Education Program providers approved pursuant to s.
1002.55, school readiness providers approved pursuant to s.
1002.88, and prekindergarten programs offered by an eligible private school.
14.
Fees for services provided at a center that is a member of the Professional Association of Therapeutic Horsemanship International.
15.
Fees for services provided by a therapist who is certified by the Certification Board for Music Therapists or credentialed by the Art Therapy Credentials Board, Inc.
Section 2.
Paragraph (d) of subsection (6) of section 1002.395, Florida Statutes, is amended to read:
1002.395 Florida Tax Credit Scholarship Program.— (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.—An eligible nonprofit scholarship-funding organization:
Shall establish a process for parents who are in Page 7 of 13 CODING:
Shall establish a process for parents who are in compliance with paragraph (7)(a) to renew their students' scholarships.
Renewal applications for the 2025-2026 school year Page 3 of 6 CODING:
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 compliance with paragraph (7)(a) to renew their students' scholarships.
hb871-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 871 2025 and thereafter must provide for a renewal timeline beginning February 1 of the prior school year and ending April 30 of the prior school year.
Renewal applications for the 2025-2026 school year and thereafter must provide for a renewal timeline beginning February 1 of the prior school year and ending April 30 of the prior school year.
Page 8 of 13 CODING:
d.
Tuition and fees associated with full-time or part-time enrollment in a home education instructional program.;
Page 4 of 6 CODING:
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 d.
hb871-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 871 2025 e.
Tuition and fees associated with full-time or part-time enrollment in a home education instructional program;
Tuition and fees for courses from an eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unless the program is subject to s.
an eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unless the program is subject to s.
1009.30;
1009.30, or;
1009.25 and complies with all applicable requirements of the Department of Education pursuant to chapter 1005;
1009.25 and complies with all applicable requirements of the Department of Education pursuant to chapter 1005.;
a private tutoring program authorized under s.
f.
1002.43;
Tuition and fees for a private tutoring program authorized under s.
a virtual program offered by a department- approved private online provider that meets the private school eligibility requirements provider qualifications specified in s.
1002.43.;
1002.421(1)(a)-(s), with the exception of s.
g.
1002.421(1)(i) and any other provisions of law that conflict with a virtual education;
Tuition and fees for asynchronous or synchronous courses from a virtual program offered by a department-approved private online provider that meets the provider qualifications specified in s.
a full-time virtual program offered by a private online provider that meets the private school eligibility requirements specified in s.
1002.395(8), with the exception of s.
1002.421(1)(i) and any other provisions of law that conflict with a full-time virtual education s.
e.
h.e.
Page 9 of 13 CODING:
i.f.
Contracted services provided by a public school or school district, including classes.
Such classes may include school district operated virtual courses and courses provided through a contract with an approved virtual instruction program provider under s.
1002.45.
A student who receives contracted Page 5 of 6 CODING:
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 f.
hb871-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 871 2025 services under this sub-subparagraph is not considered enrolled in a public school for eligibility purposes as specified in subsection (11) but rather attending a public school on a part- time basis as authorized under s.
Contracted services provided by a public school or school district, including classes.
A student who receives contracted services under this sub-subparagraph is not considered enrolled in a public school for eligibility purposes as specified in subsection (11) but rather attending a public school on a part-time basis as authorized under s.
g.
j.g.
Information and documentation provided to the Department of Education and the Auditor General relating to the identity of a taxpayer that provides an eligible contribution under this section shall remain confidential at all times in accordance Page 10 of 13 CODING:
Information and documentation provided to the Department of Education and the Auditor General relating to the identity of a taxpayer that provides an eligible contribution under this section shall remain confidential at all times in accordance with s.
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 with s.
Paragraph (i) of subsection (1) of section 1002.421, Florida Statutes, is amended to read:
1002.421 State school choice scholarship program accountability and oversight.— (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private school participating in an educational scholarship program established pursuant to this chapter must be a private school as defined in s.
1002.01 in this state, be registered, and be in compliance with all requirements of this section in addition to private school requirements outlined in s.
1002.42, specific requirements identified within respective scholarship program laws, and other provisions of Florida law that apply to private schools, and must:
(i) Maintain a physical location in this the state at which each student enrolled in a traditional classroom setting has regular and direct contact with teachers.
Regular and direct contact with teachers may be satisfied for students enrolled in a personalized education program if students have regular and direct contact with teachers at the physical location at least 2 school days per week and the student learning plan addresses the remaining instructional time.
The department shall suspend the payment of funds to a private school that knowingly fails to comply with this subsection, and Page 11 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 shall prohibit the school from enrolling new scholarship students, for 1 fiscal year and until the school complies.
If a private school fails to meet the requirements of this subsection or has consecutive years of material exceptions listed in the report required under paragraph (q), the commissioner may determine that the private school is ineligible to participate in a scholarship program.
Section 4.
Paragraph (e) is added to subsection (1) of section 1002.45, Florida Statutes, to read:
1002.45 Virtual instruction programs.— (1) PROGRAM.— (e) Notwithstanding any other provision of law to the contrary, brick-and-mortar public schools, including charter schools, may operate a hybrid model with virtual and on-premises classes while maintaining the student as enrolled in the school.
Section 5.
Subsection (16) of section 1003.01, Florida Statutes, is amended to read:
1003.01 Definitions.—As used in this chapter, the term:
(16) "Regular school attendance" means the actual attendance of a student, including a student participating remotely or through virtual instruction, during the school day as defined by law and rules of the State Board of Education.
Regular attendance within the intent of s.
1003.21 may be achieved by attendance in:
(a) A public school supported by public funds;
Page 12 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb871-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 871 2025 (b) A parochial, religious, or denominational school;
(c) A private school supported in whole or in part by tuition charges or by endowments or gifts;
(d) A home education program that meets the requirements of chapter 1002;
(e) A private tutoring program that meets the requirements of chapter 1002;
or (f) A personalized education program that meets the requirements of s.
1002.395.
Section 6.
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hb871-00
hb871-01-c1
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Action History

  1. Died in Education & Employment Committee

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Education & Employment Committee

  4. Referred to Education & Employment Committee

  5. 1st Reading (Committee Substitute 1)

  6. CS Filed

  7. Laid on Table under Rule 7.18(a)

  8. Reported out of Education Administration Subcommittee

  9. Favorable with CS by Education Administration Subcommittee

  10. PCS added to Education Administration Subcommittee agenda

  11. 1st Reading (Original Filed Version)

  12. Now in Education Administration Subcommittee

  13. Referred to Education & Employment Committee

  14. Referred to PreK-12 Budget Subcommittee

  15. Referred to Education Administration Subcommittee

  16. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 161 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Education Administration Subcommittee)

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 12001
Democrat 4001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Alvarez, Jose Democrat Yea
Aristide, Wallace Democrat Not Voting
Bracy Davis, LaVon Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Woodson, Marie Paule Democrat Yea
Albert, Jon Republican Yea
Basabe, Fabián Republican Yea
Black, Dean Republican Yea
Gossett-Seidman, Peggy Republican Yea
Holcomb, Jeff Republican Yea
Mayfield, Debbie Republican Not Voting
Mooney Jr., James Vernon "Jim" Republican Yea
Nix Jr., Danny Republican Yea
Porras, Juan Carlos Republican Yea
Sapp, Judson Republican Yea
Trabulsy, Dana Republican Yea
Valdés, Susan L. Republican Yea
Weinberger, Meg Republican Yea

Official roll call →

Subjects

taxation education
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Frequently asked questions

What does HB 871 do?
Virtual Instruction; Provides that certain students are excluded from specified calculations relating to high-performing charter school's facility capacity; authorizes high-performing charter schools to provide part-time virtual courses to certain students; provides funding requirements for such courses; revises authorized uses of Florida Tax Credit Scholarship funds.
Who sponsors HB 871?
HB 871 is sponsored by Snyder, John (Republican), Giallombardo, Mike (Republican), and Education Administration Subcommittee.
What is the current status of HB 871?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 871?
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