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Florida · state guide

Starting and running a small school in Florida

One annual survey to open, a daily register whose absence is a criminal offence, and a four-date calendar the moment you take scholarship money.

10 cited requirements · 6 dated deadlines · 18 sources · every claim as of , the oldest reading date on this page

In short

Florida does not licence private schools — it registers them through an annual database survey filed with the Department of Education, backed by a notarized statement about the owner's background check. The standing duties are small: a daily enrolment and attendance register, immunization certificates, and a transfer of permanent records if you close. Taking state scholarship students is what creates real compliance load, on four fixed dates a year.

How Florida classifies a school like yours

This is the fork everything else hangs off. Get it wrong and every deadline below is the wrong set of deadlines.

Private school

Florida private schools are largely exempt from the education code, but § 1002.42 imposes filing, fingerprinting, and record-transfer duties, and § 1003.23's records rules are applied to them by § 1002.42(4). There is no state approval or accreditation step — the survey is the whole of it.

Fla. Stat. § 1002.42(2), (4)· read 28 July 2026

Home education program

The more prescriptive of the two tracks. Notice of intent to the district superintendent within 30 days, a contemporaneous portfolio, and an annual educational evaluation filed with the district. This is the track with Florida's one explicit retention period.

Fla. Stat. § 1002.41(1)(a), (d)–(f)· read 20 July 2026

The requirements, each cited to its source

10 requirements, grouped by what kind of duty they are. Every one links to the statute, rule or agency document it was read in, with the date it was read there.

What the statute requires

Fingerprints go to FDLE within 5 days of becoming an owner

Each person who establishes, purchases, or otherwise becomes an owner of a private school must, within 5 days of assuming ownership, file a complete set of fingerprints with the Florida Department of Law Enforcement. The clock runs from the ownership change, not from the school year.

Fla. Stat. § 1002.42(2)(c)1.· read 28 July 2026

Telling your principal does not discharge Florida's abuse-reporting duty

Florida's duty is universal — “a person” who knows or has reasonable cause to suspect must report immediately to the central abuse hotline. Section 39.205(11) says expressly that notifying a supervisor does not relieve the obligation. Knowing failure, or preventing someone else from reporting, is a third-degree felony, and a nonpublic school whose administrators knowingly fail faces up to $1,000,000 per failure.

Where this is unsettled: The occupational list in § 39.201(1)(b)2. is not the scope of the duty — it only removes anonymity for those roles. The written-policy and signage duties in § 1006.061 bind a private school only if it accepts state scholarship students.

Fla. Stat. § 39.201(1)(a); § 39.205(1), (3), (5), (11); policy duties § 1006.061· read 20 July 2026

What you file, and with whom

The annual database survey is what makes you a Florida private school

Each private school annually executes and files a database survey form with the Department of Education, carrying a notarized statement that the owner has complied with the background-check provisions of paragraph (c). There is no approval to wait for and no accreditation to hold — the filing is the registration.

Fla. Stat. § 1002.42(2)(b)· read 28 July 2026

What you have to keep

Not keeping a daily enrolment and attendance register is a second-degree misdemeanour

Section 1002.42(4) applies § 1003.23(2) to all officials, teachers, and employees of parochial, religious, denominational, and private schools: keep a register showing attendance and absence for every enrolled student, every school day, open to inspection by the district superintendent. This binds every Florida private school, not only scholarship ones, and violation is a criminal offence rather than an administrative one.

Fla. Stat. § 1002.42(4) → § 1003.23(2)· read 28 July 2026

If the school closes, the records go to the superintendent

All private schools that become defunct must transfer all permanent information contained in student records to the district school superintendent, and tell the Department the transfer date, storage location, and custodian. The duty is to hand records over, not to hold them — records outlive the school.

Fla. Stat. § 1002.42(3)(b)–(c)· read 28 July 2026

The home education portfolio has a stated two-year life

A contemporaneous log of educational activities naming any reading materials used, plus samples of the student's writings, worksheets, workbooks, or creative materials — kept for two years, and made available to the district superintendent for inspection on 15 days' written notice. Two years is written into the statute, which is unusual: across the eight wave-1 states most retention periods are simply not stated at all.

Fla. Stat. § 1002.41(1)(d)–(e)· read 20 July 2026

A missing-child flag comes off only when FDLE says so — never on your judgement

Section 937.025 expressly binds “a public or private school” and reaches children who were previously enrolled as well as current ones. Two duties are standing and wait for no notification: report any request concerning a flagged record to both local law enforcement and FDLE, and report promptly any information that could help locate a missing child. Good-faith reports are immunised; knowingly giving false information is a first-degree misdemeanour.

Fla. Stat. § 937.025(1), (2), (4), (5), (7)· read 20 July 2026

School-choice programme conditions

A scholarship school may never act as attorney-in-fact for the money

The parent must personally endorse each warrant or approve each transfer of scholarship funds; the school may not do it for them. Separately, a school without three years of operating history must file a surety bond or letter of credit with the Department equal to one quarter of the scholarship funds it expects to receive.

Fla. Stat. § 1002.421(1)(f)1.–2.· read 20 July 2026

Past $250,000 in scholarship funds, you owe a CPA report

A school that receives more than $250,000 in ch. 1002 scholarship funds in a state fiscal year must have an independent CPA perform agreed-upon procedures under AICPA attestation standards and file the report by 15 September with the scholarship-funding organisation that awarded most of its funds. The SFO must notify the Commissioner by 30 October of any failure to file, and consecutive years of material exceptions can end eligibility.

Fla. Stat. § 1002.421(1)(q); procedures § 1002.395(6)(q)1.a.· read 20 July 2026

Scholarship parents get a written progress explanation quarterly

A standing obligation for participating schools, separate from any report card. You must also publish — on your website or in writing — your programs, services, teacher qualifications, and the statement that a parentally-placed private school student with a disability has no individual right to special education services.

Fla. Stat. § 1002.421(1)(j)–(k)· read 20 July 2026

The dates

Most of these bind only some schools — read the “applies to” line before putting one in your calendar. Several bind the family rather than the school.

1 February, postmarked

Annual notarized compliance statement certifying background screening for all staff with direct student contact.

Applies to:
Private schools participating in a state scholarship program
If it slips:
Scholarship eligibility.

Fla. Stat. § 1002.421(1)(e); Rule 6A-6.03315(2)–(3) F.A.C.· read 20 July 2026

1 April

Annual private school database survey.

Applies to:
All Florida private schools
If it slips:
The survey is the school's registration; a scholarship school that misses it is out of compliance on two counts.

Fla. Stat. § 1002.42(2)(b)· read 28 July 2026

15 August

Participating students' test scores to the designated state university.

Applies to:
Scholarship-participating private schools
If it slips:
Scholarship eligibility.

Fla. Stat. § 1002.395(8)(c)1.· read 20 July 2026

15 September

CPA agreed-upon-procedures report, once you pass $250,000 in scholarship funds in a state fiscal year.

Applies to:
Scholarship schools over the $250,000 threshold
If it slips:
The SFO must report the failure to the Commissioner by 30 October; repeated material exceptions end participation.

Fla. Stat. § 1002.421(1)(q)· read 20 July 2026

1 October, with documentation resolved by 1 December

First-year filing for a school new to the scholarship program.

Applies to:
Private schools entering a scholarship program
If it slips:
No scholarship payments are made until a satisfactory Department of Education site visit, whatever the paperwork says.

Rule 6A-6.03315(3) F.A.C.· read 20 July 2026

Within 30 days of starting, and within 30 days of stopping

Home education notice of intent, and notice of termination with the annual evaluation, to the district superintendent.

Applies to:
Home education programs
If it slips:
Compulsory-attendance exposure for the family.

Fla. Stat. § 1002.41(1)(a), (1)(c)· read 20 July 2026

The school-choice money, and what taking it costs you

Florida's ch. 1002 scholarships — Family Empowerment Scholarship (FES-EO and FES-UA) and the Personalized Education Program (PEP)

What it pays

No award figure was read in a primary source for this programme, so none is stated here — the amount is set annually and published by the state. Award amounts are set annually by the Legislature in the General Appropriations Act and vary by county — Step Up For Students publishes the current-year table.

How the money actually moves

Awards are administered by scholarship-funding organisations rather than by the state directly, and the money is parent-directed: § 1002.421(1)(f)2. requires the parent to personally endorse each warrant or approve each transfer, and forbids the school from acting as attorney-in-fact. A school's practical job is to invoice accurately and on time — the endorsement is not yours to make.

What a school must be before it can take any

File the annual database survey; hold the notarized background-screening compliance statement; show fiscal soundness through three years of operation or a surety bond worth a quarter of expected scholarship funds; resubmit ownership documents, radon inspection if applicable, ethical-conduct policies and owner criminal-history results every third consecutive year of participation.

Fla. Stat. § 1002.421(1)(e)–(f), (1)(q); Rule 6A-6.03315 F.A.C.· read 20 July 2026

What this page does not answer

The research behind this page recorded what it could not confirm as carefully as what it could. None of the following is a claim that no requirement exists — it is a statement that no primary source for one was read.

Open questions

  • Immunization record retention for Florida schools under Fla. Admin. Code r. 64D-3.046 — the rule page served its history index rather than the rule text, so no period could be confirmed.
  • Whether Florida's immunization requirements reach home education students. Section 1003.22 is framed around admission to school and we could not confirm how it treats home education. No claim is made either way.
  • Fire, safety, or sanitation inspection record duties for Florida private schools — no primary source located.
  • Teacher qualification or credential record requirements for Florida private schools — no primary source located.
  • Standardized test result retention for Florida private schools outside the scholarship programs — no primary source located.

Zoning

Not covered. This research is state statute and administrative rule only, and zoning for a small school is a municipal question — a use classification, an occupancy threshold and a conditional-use process, all set by city ordinance. Rather than extrapolate, we have left it out. Ask your city's planning department which use classification applies to a school of your size in your building.

How to read what is here

  • The home education citations were confirmed against the Florida Senate's 2024 statute edition. The private school and scholarship citations were re-read in the 2025 edition on 2026-07-28. Where the two editions are cited side by side, re-confirm against the current-year edition before relying on them.
  • The Florida Department of Education's private-schools guidance page returned an access error during the research, so nothing from it is cited here.

Sources

Every source cited on this page, with the date it was last read. Four hosts used here — codes.findlaw.com, law.justia.com, k12.ncseaa.edu and azed.gov — refuse automated requests but open normally in a browser.

The rest of the decision, once the rules are settled

Regulation is the first question a founder has and rarely the last.

Another state

8 states are covered so far, chosen on search demand and school-choice programme size. The other 42are not, and we would rather leave a gap than publish a page we haven't researched.

The record-keeping half, once you're open

Attendance registers, immunization evidence, permanent records that outlive the school. A real sandbox school, no signup, no card.