Florida Microschool Regulations: Complete 2026 Guide for Educators

Florida's Education Freedom Revolution

Florida just made history. With HB 1285 and universal school choice, the Sunshine State opened approximately 50,000 new locations for microschools (WLRN, 2024)—and eliminated income restrictions for scholarship funding. If you're starting a microschool in Florida, the state is now one of America's most opportunity-rich for Florida microschool regulations.

The 2024 legislative session brought sweeping changes that fundamentally transformed Florida's educational landscape. Ryan Delk, CEO of Primer microschools, called HB 1285's passage "the removal of the primary barrier" for educators: local land-use and zoning restrictions that previously made it nearly impossible to find affordable, compliant facilities.

Here's what makes Florida exceptional for microschool founders:

Simple Registration Process: Unlike states that require extensive licensing, Florida asks for just one thing—an annual private school survey. No state approval, no accreditation requirement, no months-long waiting period. Complete the notarized survey, submit it to the Department of Education, and you're registered.

Flexible Teacher Qualifications: Teachers need a bachelor's degree OR 3 years of teaching experience OR special skills qualifying them to teach specific subjects. That's it. No teaching certificate, no education degree, no expensive credentialing process.

Three Major Scholarship Programs: Florida students can access approximately $8,000 per year through FTC, FES-EO, and FES-UA scholarships (Step Up For Students, 2025). And since 2023-24, there's no income cap—just a priority system that serves lower-income families first.

Complete Curriculum Freedom: The state explicitly disclaims authority over your curriculum. Choose Montessori, classical education, project-based learning, or create your own approach. No alignment to Florida Standards required.

50,000 New Facility Locations: HB 1285, effective July 1, 2024, allows private schools to operate in churches, synagogues, libraries, community centers, theaters, performing arts venues, and museums—all without zoning restrictions (House Bill 1285). In Miami-Dade and Broward counties alone, this created an estimated 5,000 new eligible locations.

What You'll Learn in This Guide

By the end of this comprehensive guide to Florida microschool regulations, you'll have a complete roadmap for launching a compliant microschool in the Sunshine State.

You'll learn the surprisingly simple registration process—just a single annual survey with the Department of Education, no state approval required, no months-long waiting period. We'll walk through exactly which documents to complete, where to mail them, and how to obtain your official school code in under 30 days. Unlike states that require extensive licensing applications, background investigations, and bureaucratic approvals, Florida trusts private school founders to educate responsibly with minimal red tape.

You'll understand Florida's flexible three-option teacher qualification system. Whether your teachers hold bachelor's degrees in any field, bring 3+ years of classroom experience, or possess specialized expertise in their subjects, we'll show you exactly how to document qualifications and build a credible teaching team without expensive state certification requirements. This flexibility opens hiring opportunities most states simply don't allow—retired professionals, subject matter experts from industry, career changers with relevant experience, and educators from other states who haven't pursued Florida certification.

You'll discover how to navigate the HB 1285 facility revolution that created 50,000 new microschool-eligible locations. We'll explain exactly which facilities qualify (churches, libraries, community centers, museums, theaters), how to approach facility managers about space rental, what to include in lease negotiations, and which safety inspections you still need despite zoning preemption. This legislation fundamentally changed the economics of facility procurement—what once cost $3,000-5,000/month in commercial space now costs $500-1,500/month in partnership facilities.

You'll learn how to accept FTC, FES-EO, and FES-UA scholarship funds worth approximately $8,000 per student annually. We'll break down the priority system that determines which families receive scholarships first, explain the compliance requirements for participating schools (simpler than you might expect), and show you how to maximize scholarship enrollment while maintaining your educational vision. With over 340,000 Florida students using scholarships in 2024-25, this represents your largest potential student recruitment pipeline.

You'll gain complete curriculum freedom—we'll explain exactly what this means legally and how to exercise this autonomy confidently. The state explicitly disclaims jurisdiction over your curriculum choices, pedagogical approach, and instructional methods. Whether you're implementing Montessori, classical education, project-based learning, Charlotte Mason, or creating an entirely original approach, you'll understand the boundaries of your authority and how to communicate this freedom to prospective families who may be unfamiliar with private school autonomy.

Finally, you'll learn to avoid the six most common compliance mistakes that trip up new founders—from skipping environmental health inspections to missing the February 1 scholarship compliance deadline. We've worked with dozens of Florida microschools, and these preventable errors cause the majority of startup delays, financial losses, and regulatory headaches. Our detailed explanations will help you navigate around these pitfalls entirely.

Florida rewards prepared founders with opportunity. The Florida microschool regulatory path is surprisingly straightforward—your energy can focus on curriculum excellence, student recruitment, and teaching impact rather than navigating bureaucratic obstacles.

Let's dive into the specifics.

Legal Structure & Registration for Florida Microschools

A. Registration Process: Simple Annual Survey Required

Florida's private school registration process is refreshingly straightforward. There's no lengthy approval process, no state inspection before you open, and no accreditation requirement. Here's exactly what you need to do:

Step 1: Establish Your Legal Entity

Before registering with the Department of Education, you need a legal business structure. Florida gives you flexibility here:

For-Profit Options:

• Limited Liability Company (LLC): Recommended for most microschools. Provides personal asset protection, moderate administrative complexity, and partnership flexibility. Register with the Florida Secretary of State Division of Corporations (850-245-6052).
• Sole Proprietorship: Simplest structure but offers no liability protection. Not recommended unless you're comfortable with unlimited personal risk.

Nonprofit Option:

• Nonprofit Corporation: Best for mission-driven schools seeking tax-exempt status and foundation grants. File Articles of Incorporation with the Florida Secretary of State, then apply for IRS 501(c)(3) status. Higher administrative burden but significant tax benefits and donor credibility.

You'll also need a Business Tax Certificate from your local municipality—requirements vary by city and county.

Step 2: Complete the Annual Private School Survey

This is Florida's entire registration requirement. According to the Florida Department of Education, "Private schools in Florida must register with the Department of Education by completing an annual private school survey" (Florida DOE).

Here's the process:

1. Request a school code and password from the Department of Education
2. Log in to the private school survey portal
3. Complete the survey with your school information
4. Sign and notarize the completed survey
5. Mail the notarized copy to the Florida DOE

Once processed, your school receives an official school code and appears in the Florida Private Schools Directory at floridaschoolchoice.org.

Critical Note from Florida DOE:

The department explicitly states that registration "should not be used by any private school to imply approval, recognition, or accreditation by the state" (Florida DOE). Florida doesn't approve, license, or accredit private schools—registration simply acknowledges your school exists.

Step 3: Owner Background Checks

School owners must submit fingerprints to the Florida Department of Law Enforcement (FDLE) for criminal background screening. This requirement is found in Florida Statute 1002.42 (Florida Statute 1002.42) and applies to all private school operators.

B. Can You Operate as a Homeschool Co-op?

Answer: Yes, with important limitations

Florida law distinguishes between true homeschool co-ops and private schools. Understanding this distinction matters because it affects scholarship eligibility and legal obligations.

True Homeschool Co-op (Florida Statute 1002.41):

If you're creating a cooperative where parents remain the primary instructors and hire supplemental teachers for enrichment activities, you can operate as a homeschool co-op under Florida Statute 1002.41 (Florida Statute 1002.41):

• Informal groups of homeschooling families
• Parents retain primary instructional responsibility
• Supplemental instruction and activities allowed
• No additional licensing required
• Parents file "Notice of Intent" with county superintendent

Critical Limitation:

The statute states that "if parents do NOT remain the primary instructors, the school falls under private tutoring regulations and instructors MUST hold valid Florida teaching certificates" (Florida Statute 1002.41).

The Scholarship Trade-Off:

Homeschool co-ops are NOT eligible for FTC or FES-EO scholarship funds. Only DOE-registered private schools can participate in scholarship programs. If you want to serve scholarship students, you must register as a private school.

C. Recommended Legal Structure

After working with dozens of Florida microschools, here's what we recommend:

LLC for Most Founders

Most Florida microschool founders we advise choose the Limited Liability Company structure, and for good reason. An LLC provides the legal protection of a corporation—shielding your personal home, savings, and assets from school-related lawsuits or debts—without the administrative complexity of corporate formalities like annual shareholder meetings or elaborate governance requirements.

The tax flexibility is particularly valuable. You can elect S-Corporation taxation if your microschool becomes profitable enough to justify salary-dividend strategies for tax optimization, or maintain simple pass-through taxation where school income flows directly to your personal tax return. This adaptability grows with your school. In Year 1, most microschools operate at break-even or modest profit and benefit from pass-through simplicity. By Year 3-5, if you're generating $100,000+ in net income, S-Corp taxation can save thousands in self-employment taxes.

Perhaps most importantly for founders planning to scale, LLCs make it easy to bring in future partners or co-founders. Your operating agreement can specify ownership percentages, profit distribution, and decision-making authority without the rigid stock structure of corporations. Want to offer a founding teacher 20% equity to secure their commitment? Simple amendment to the operating agreement. Planning to add a business partner who handles operations while you focus on curriculum? Easy percentage split. This flexibility saves thousands in legal fees compared to restructuring later.

The formation process is straightforward: File Articles of Organization with the Florida Secretary of State via sunbiz.org ($125 filing fee), draft an operating agreement outlining ownership and governance (template available online or through attorney for $500-1,000), and obtain your Employer Identification Number (EIN) from the IRS (free, online application). Total cost: $125-1,250 depending on whether you use an attorney.

Nonprofit for Mission-Driven Schools

Choose nonprofit corporation incorporation if you plan to build an institution that outlives your personal involvement and requires philanthropic funding to achieve your mission. The 501(c)(3) tax-exempt structure makes sense when:

You're seeking foundation grants and philanthropic funding. Many education-focused foundations (Gates Foundation, Walton Family Foundation, local community foundations) only fund 501(c)(3) organizations. If you plan to apply for $50,000+ in grant funding annually, the administrative burden of nonprofit status is worth the access to this capital.

You want donors to receive tax deductions for contributions. Families who contribute $5,000-25,000 as major donors can deduct these amounts from their taxable income if your school is 501(c)(3) approved. This makes fundraising significantly easier for capital campaigns, building funds, and endowment creation.

You're building a long-term institution beyond personal ownership. Nonprofits are governed by boards of directors who ensure the organization continues its mission even after founders depart. If you envision your microschool operating for 20-50+ years with evolving leadership, nonprofit structure provides institutional permanence.

You want to avoid personal profit distribution scrutiny. In a nonprofit, all surplus revenue stays within the organization for mission purposes. No questions about whether founder compensation is "reasonable" or whether owners are extracting excessive profits.

Trade-offs are significant. Higher administrative burden includes mandatory board meetings (typically quarterly), conflict-of-interest policies for all board members, annual Form 990 public disclosure (your financials become public record), and restrictions on profit distribution (founders can earn reasonable salaries but can't take distributions like LLC owners). The IRS 501(c)(3) application process takes 6-12 months and costs $600 (fee) plus $2,000-5,000 (attorney recommended for approval likelihood).

Most microschools start as LLCs for simplicity and flexibility, then consider nonprofit conversion in Years 3-5 if mission and funding strategy align with nonprofit benefits.

Essential Additional Steps:

• [ ] Register with Florida Secretary of State
• [ ] Obtain Employer Identification Number (EIN) from IRS
• [ ] Get Business Tax Certificate from local municipality
• [ ] Purchase general liability insurance ($1-2 million recommended)
• [ ] Submit owner fingerprints for background check
• [ ] Complete annual private school survey

Action Items: Legal Structure & Registration

• [ ] Choose legal structure (LLC recommended for most)
• [ ] Register entity with Florida Secretary of State
• [ ] Submit owner fingerprints for FDLE background check
• [ ] Request school code and password from Florida DOE
• [ ] Complete and submit notarized annual survey
• [ ] Obtain liability insurance policy
• [ ] Apply for Business Tax Certificate

Florida Microschool Teacher Certification Requirements

A. Teacher Qualification Options for Scholarship Schools

Here's where Florida gets refreshingly flexible. For schools accepting FTC or FES-EO scholarship students, teachers must meet at least ONE of the following qualifications under Florida Statute 1002.421(2):

1. Hold a baccalaureate or higher degree (in ANY field—education degree NOT required)
2. Have at least 3 years of teaching experience in public or private schools
3. Possess special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught

The exact statute language states: "Employ or contract with teachers who hold baccalaureate or higher degrees, have at least 3 years of teaching experience in public or private schools, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught" (Florida Statute 1002.421).

This three-pronged qualification standard represents one of Florida's most founder-friendly policies for Florida microschool hiring. Unlike states requiring all teachers to complete expensive teacher preparation programs and pass state certification exams, Florida recognizes that excellent teaching comes from diverse backgrounds.

The bachelor's degree option—in ANY field—means your environmental science teacher can hold a degree in biology, chemistry, geology, or even English literature. The state trusts private schools to evaluate subject matter fit rather than mandating education degrees. This dramatically expands your hiring pool and allows you to recruit subject matter experts from universities, industry, and research institutions. A computer science teacher with a BA in Philosophy who spent 15 years programming? Qualified. A history teacher with an engineering degree who's passionate about teaching? Qualified.

The 3-year experience option opens doors to career changers who've taught in other states, retired public school teachers who chose not to renew certification, and educators from private schools nationwide. Their classroom expertise speaks louder than credentials, and Florida's law recognizes this reality. A former New York public school teacher with 10 years of experience who moved to Florida but doesn't have Florida certification? Immediately qualified for your microschool. A homeschool parent who taught co-op classes for 4 years? Qualified.

Perhaps most innovative is the "special skills" pathway. A professional artist teaching studio art, a native Spanish speaker teaching language immersion, a published author teaching creative writing, or a software engineer teaching computer science—all qualify without degrees or prior teaching experience if they can demonstrate genuine expertise in their subject areas. This is where microschools find their most passionate, specialized educators. Document this expertise through portfolios, published work, industry certifications, performance records, or client testimonials.

What This Means in Practice:

• Your biology teacher needs a bachelor's degree in biology, chemistry, or ANY field—or 3 years of teaching experience—or special expertise (like published research, industry lab experience, or advanced certifications)
• Your Spanish teacher could be a native Spanish speaker with conversational fluency, translation experience, or cultural expertise—no degree required
• Your math teacher needs a degree in ANY subject, or 3 years in a classroom, or demonstrable math expertise (engineering background, accounting career, math competition coaching)
• Your art teacher could be a professional artist with portfolio, gallery exhibitions, commissioned work, or art school training demonstrating special skills

No Teaching Certificate Required

Unlike many states, Florida doesn't require private school teachers to hold state teaching certificates. The three-option qualification system provides enormous hiring flexibility while maintaining reasonable standards for scholarship-accepting microschools. This is a massive competitive advantage for recruitment—you can hire talented educators who left public schools due to bureaucratic frustration, subject matter experts changing careers into education, and passionate teachers from other states without Florida credentials.

B. Teacher Requirements for Non-Scholarship Private Schools

Complete Autonomy

If you're not participating in scholarship programs, Florida grants you total hiring autonomy. According to Florida Statute 1002.42, "The owners of private elementary and secondary schools...are solely responsible for...certification, qualification, and training of teachers and administrators" (Florida Statute 1002.42).

What This Means:

• No state certification required
• No bachelor's degree requirement
• No teaching experience requirement
• No credentials of any kind mandated by the state
• Complete hiring autonomy based on your school's mission and values

Strategic Recommendation:

Even for non-scholarship schools, we recommend requiring at least a bachelor's degree OR 3 years of experience for credibility with parents. Families choosing private education often scrutinize teacher qualifications carefully, and meeting the scholarship-level standards provides marketing credibility even if you're not accepting scholarship funds.

Documentation Best Practices:

Maintain personnel files documenting each teacher's qualifications:

• Copy of bachelor's degree (if applicable)
• Resume showing 3+ years teaching experience (if applicable)
• Portfolio or documentation of special skills (if applicable)
• Background screening results (required for scholarship schools)

Action Items: Teacher Certification

• [ ] Verify all teachers meet minimum qualification if accepting scholarships
• [ ] Collect documentation of teacher qualifications for personnel files
• [ ] Complete background screening for all employees (required for scholarship participation)
• [ ] Create hiring policy aligned with your school's mission
• [ ] Document special skills/expertise for teachers qualifying under option 3

Curriculum & Academic Standards

A. No State Curriculum Mandates

Florida takes a hands-off approach to private school curriculum that's exceptional even among school-choice states. The Florida Department of Education explicitly states it "does not have jurisdiction over private schools" and that "Legislative intent not to regulate, control, approve, or accredit private educational institutions...is explicit" (Florida DOE).

What Private Schools MUST Do:

1. Meet minimum instructional hour requirements (see below)
2. Maintain attendance records
3. That's it—literally

Complete Curriculum Freedom:

• Choose any educational philosophy (Montessori, Waldorf, classical, Charlotte Mason, project-based, competency-based)
• Select any curriculum provider or create your own
• No alignment to Florida Standards required
• No subject-specific requirements (though teaching reading, math, science, and history is obviously advisable)
• No state-mandated textbooks or materials
• No approval process for curriculum choices

This autonomy is foundational to Florida's private school law. The state has determined that families choosing private education should control educational philosophy and content—not bureaucrats.

B. Instructional Hour Requirements

While Florida doesn't dictate curriculum content, it does require minimum instructional hours to satisfy compulsory attendance laws. These requirements are specified in Rule 6A-1.09512, Florida Administrative Code.

• Minimum Hours by Grade:Kindergarten: 170 days | 540 net instructional hoursGrades 1-3: 170 days | 720 net instructional hoursGrades 4-12: 170 days | 900 net instructional hours

Alternative Compliance Path:

Operating for 180 actual school days eliminates the need to track exact instructional hours. This is the simplest approach for most microschools—plan for a 180-day school year and you're automatically compliant regardless of daily schedule.

What Counts as Instructional Time:

• Direct instruction and learning activities
• Labs, experiments, and hands-on projects
• Field trips with educational objectives
• Testing and assessments

What Doesn't Count:

• Lunch periods
• Recess (though educational play can count)
• Assemblies without instructional content
• Passing time between activities

C. Standardized Testing Requirements

For Scholarship Schools (FTC/FES-EO):

Students in grades 3-10 must take "one of the nationally norm-referenced tests identified by the department" annually (Florida Statute 1002.395). Schools choose from an approved list including:

• Stanford Achievement Test (SAT-10)
• Iowa Test of Basic Skills (ITBS)
• Terra Nova
• Other nationally norm-referenced assessments

Important: You choose which test to administer—not the state. Select the assessment that best aligns with your curriculum and educational philosophy.

Optional State Assessment Participation:

Private schools may apply to administer Florida's statewide assessments (FAST, End-of-Course exams, Science Assessment). If accepted, you must test ALL enrolled students, not just scholarship recipients (Florida DOE Assessment Requirements).

Most microschools skip this option because it requires testing every student and aligning preparation to Florida Standards.

For Non-Scholarship Schools:

• No state testing requirement
• Schools choose own assessment methods (or none at all)
• Complete autonomy over academic evaluation

D. Record-Keeping Requirements

Attendance Records (Florida Statute 1003.21):

Schools must "maintain a register of student enrollment and daily attendance" in a format prescribed by the state. These records must be "open for inspection by the local superintendent or designated representative" (Florida Statute 1003.21).

Track attendance daily by student name and date. Simple spreadsheets work fine—no expensive software required.

Student Records Required:

• Full legal names
• Dates of birth
• Current residence addresses
• Attendance records
• Grades/transcripts
• Health examination records (Form DH 3040)
• Immunization records (Form DH 680)

Record Retention Upon School Closure:

This is critical: "Upon school closure, transfer ALL permanent student records to the local public school district OR private school system/association principal office within the specified timeframe" (Florida Statute 1002.42).

Plan for this responsibility from day one. If you close your school, families need access to transcripts and records for future enrollment.

Action Items: Curriculum & Academic Standards

• [ ] Design your curriculum (complete freedom—choose what aligns with your mission)
• [ ] Plan for 180 school days OR establish hour-tracking system
• [ ] Set up attendance tracking system (daily by student)
• [ ] Create student file template (name, DOB, address, attendance, grades, health records)
• [ ] Choose nationally norm-referenced test if accepting scholarships
• [ ] Establish record retention policy for permanent records

Florida Microschool Facility Requirements After HB 1285

A. HB 1285 Zoning Revolution (July 1, 2024)

The passage of HB 1285 fundamentally changed the facility landscape for Florida microschools. Before this legislation, finding a compliant facility was often the primary barrier to launching a school. Local zoning restrictions limited private schools to commercially zoned properties with special use permits—expensive, scarce, and often located in inconvenient areas.

Game-Changing Legislation:

Effective July 1, 2024, private schools can now operate in "churches, synagogues, libraries, community centers, theaters, performing arts venues, museums, and any facility with preexisting zoning designation" (House Bill 1285).

Impact Statistics:

According to WLRN's analysis, this legislation created approximately 50,000 new eligible locations statewide, with an estimated 5,000+ in Miami-Dade and Broward counties alone (WLRN, 2024).

What This Means for Microschools:

• No zoning restrictions for eligible facility types
• Contact local churches about renting classroom space during weekdays
• Approach libraries and community centers about partnership agreements
• Consider museum education programs transitioning to full-time microschools
• Theater and performing arts venues can host schools during non-performance hours

Critical Limitation:

HB 1285 eliminates ZONING restrictions but does NOT eliminate fire, building, electrical, plumbing, and health code requirements. You still need all required safety inspections (detailed below).

B. Required Health & Safety Inspections

Florida requires four mandatory inspections before you can legally operate with scholarship students. Schedule these early—some take weeks to complete.

1. Environmental Health Inspection (REQUIRED)

Your county health department's environmental health division must inspect and approve your facility before you accept the first scholarship student. This inspection must be completed and satisfactory "prior to opening or operating in Florida" (Florida School Choice).

This isn't a quick walkthrough—budget 45-90 minutes for the initial inspection and potentially 1-2 follow-up visits if minor corrections are needed. Schedule this inspection 4-6 weeks before your planned opening date. Most Florida counties are understaffed, and it can take 2 weeks just to get an appointment on the calendar.

The inspector will arrive with a detailed checklist covering group care standards, sanitation protocols, and child safety requirements. Here's what they'll examine in detail:

Restroom Facilities: Age-appropriate toilets and sinks with hot water (110-120°F), liquid soap dispensers (bar soap not permitted in group care settings), paper towels or hand dryers, and proper ventilation. For elementary students, you may need step stools for sink access. Restrooms must be cleaned and sanitized daily with EPA-approved disinfectants. The inspector will check for:

• Adequate toilet paper supply
• Functioning door locks for privacy
• Clean, uncracked toilet seats
• Slip-resistant flooring in good condition
• Posted handwashing instructions for students
• One toilet per 15 students (minimum standard in most counties)

Food Service Areas: Even if you're not operating a full cafeteria, any area where food is stored, prepared, or served gets scrutinized. If students bring lunches, you need a refrigerator maintaining 41°F or below for perishables (inspector will check with thermometer). If you provide snacks, they'll check:

• Storage containers with tight-fitting lids
• Clean food preparation surfaces (stainless steel or food-grade plastic)
• Separate handwashing sink (can't wash hands in food prep sink)
• Covered waste receptacles
• Proper food dating and rotation
• Microwave in good working condition for student lunch heating
• No dented cans or expired food items

Drinking Water: All water fountains or water dispensers must provide potable water meeting EPA standards. If your facility uses well water rather than municipal water, you'll need water testing results showing compliance with drinking water standards (coliform bacteria, nitrates, lead, arsenic). Municipal water typically doesn't require testing—the inspector accepts city certification.

General Sanitation: Floors, walls, and surfaces in student areas must be easily cleanable (hard surfaces preferred over unsealed wood). Carpets must be clean, stain-free, and in good repair (no tears or ripples that present trip hazards). Required items:

• Trash receptacles with lids in restrooms and classrooms
• Hand sanitizer stations throughout the facility (60-95% alcohol content)
• Adequate natural and artificial lighting (minimum 30 foot-candles for general spaces, 50 for reading areas)
• Climate control maintaining 68-82°F (inspector may check thermostat)
• Proper ventilation (windows that open or HVAC system)
• Emergency exits clearly marked with illuminated signs

Outdoor Play Areas (if applicable): Playground equipment must meet ASTM safety standards, have adequate fall surfacing (wood chips, rubber mulch, or rubberized surface), and be maintained without sharp edges, rust, or loose bolts.

The inspector provides a written report at the end of the visit. If you pass, you receive a certificate valid for one year (most counties require annual renewal). If there are deficiencies, you get a detailed list of corrections needed and timeline for re-inspection—typically 2-4 weeks to fix issues and schedule return visit.

Cost: Most Florida counties charge $150-300 for the initial inspection. Budget an additional $100-200 for minor corrections like adding soap dispensers, hand sanitizer stations, or replacing cracked toilet seats.

Pro Tip: Before scheduling the official inspection, ask if your county health department offers a pre-inspection consultation. Many counties will send an inspector for an informal walkthrough to identify potential issues before the official visit (usually free or $50-75). This can save you from failed inspections and delays opening your school.

2. Fire Safety Inspection (REQUIRED)

Your local fire authority must approve your facility "as an educational facility" before you open. The inspection follows "standards for an educational facility, private school, or life safety inspection as established by the State Fire Marshal's office" (Florida School Choice).

What inspectors check:

• Fire alarm systems
• Emergency exits and signage
• Occupancy limits
• Fire extinguisher placement
• Emergency evacuation plans
• Exit lighting and illumination

You need a "Satisfactory" or "Violation Free" certificate to operate.

3. Building, Electrical, and Plumbing Inspection (REQUIRED)

Local county or city building departments inspect to ensure your facility meets all educational facility standards:

• Structural safety and building codes
• Electrical system safety and capacity
• Plumbing systems and fixtures
• Accessibility compliance (ADA requirements)
• Ventilation and air quality

Signed inspection approval is required before opening.

4. Radon Measurement (REQUIRED in most counties)

Most Florida counties require radon testing for all K-12 buildings. You must hire a state-approved radon measurement company to conduct the test.

Special consideration: 19 Florida counties are exempt from radon testing. Check with your local health department to confirm requirements.

Health Documentation for Students:

Before students begin attending, collect:

• Student health examination records (Florida Form DH 3040)
• Immunization records (Florida Form DH 680)

These are required under Florida Statutes 1002.42(4) and Department of Health regulations (Florida Department of Health).

C. Occupancy Limits: No State-Mandated Student Caps

Florida does not impose enrollment size limits on private schools. The only restriction is your facility's fire code occupancy limit, which is determined by:

• Building square footage
• Number and location of exits
• Emergency egress capacity
• Fire suppression systems

Your fire marshal inspection will determine the occupancy limit for your specific building. This is typically calculated as square footage per person based on building use classification.

Action Items: Facility & Safety

• [ ] Identify HB 1285-eligible facility (church, library, community center, museum, theater)
• [ ] Negotiate lease or rental agreement with facility owner
• [ ] Schedule environmental health inspection with county health department
• [ ] Schedule fire safety inspection with local fire authority
• [ ] Schedule building/electrical/plumbing inspection with local municipality
• [ ] Arrange radon measurement with state-approved company (if required in your county)
• [ ] Collect student health forms (DH 3040 and DH 680) before first day
• [ ] Develop emergency evacuation plan for fire safety inspection

Student Enrollment & Attendance

A. Compulsory Attendance Age

Florida Age Range: Ages 6-16

Florida Statute 1003.21 requires that "All children who have attained the age of 6 years or who will have attained the age of 6 years by February 1 of any school year or who are older than 6 years of age but who have not attained the age of 16 years" must attend school regularly during the entire school term (Florida Statute 1003.21).

What this means:

• Children who turn 6 by February 1 of the school year must attend
• Compulsory attendance ends at age 16
• Students who have earned a high school diploma are exempt

Kindergarten is not mandatory in Florida unless the child turns 6 by February 1. However, if a 5-year-old enrolls in kindergarten, they must attend regularly once enrolled.

B. Attendance Tracking Requirements

Two Compliance Options:

Option A (Simplest): Operate 180 actual school days during the academic year. This automatically satisfies attendance requirements without tracking exact hours.

Option B: Operate 170 actual school days PLUS meet the minimum instructional hours for each grade level:

• Kindergarten: 540 hours
• Grades 1-3: 720 hours
• Grades 4-12: 900 hours

Daily Attendance Register:

Florida Statute 1002.42(4) requires maintaining a register of student enrollment and daily attendance. Track:

• Student name
• Date
• Present/absent status
• Reason for absence (optional but useful)

These records must be "open for inspection by the local superintendent or designated representative."

Practical Implementation:

Simple spreadsheets work perfectly. Many microschools use Google Sheets or Airtable for easy tracking and cloud backup. The state doesn't mandate specific software—just accurate daily records.

C. Enrollment Documentation

Basic Documentation Required:

For every enrolled student, maintain:

• Legal name (first, middle, last)
• Date of birth
• Current physical residence address
• Parent/guardian full name
• Parent/guardian contact information (phone, email)
• Emergency contact information
• Grade level
• Enrollment date

Additional Documentation for Scholarship Programs:

If students are using FTC or FES-EO scholarships, you'll also need:

• Proof of Florida residency
• Prior public school enrollment documentation (for some programs)
• Disability documentation (for FES-UA students only)

Note: Income verification is now handled by scholarship funding organizations (Step Up For Students or AAA Scholarship Foundation), not by schools.

Enrollment Forms Best Practices:

Create a comprehensive enrollment packet including:

• Student enrollment agreement
• Parent handbook acknowledgment
• Health forms (DH 3040, DH 680)
• Emergency contact information
• Photo/media release permission
• Tuition payment agreement
• Dismissal authorization (who can pick up student)

Action Items: Student Enrollment & Attendance

• [ ] Create enrollment packet with all required documentation
• [ ] Set up attendance tracking system (spreadsheet or software)
• [ ] Plan 180-day school calendar (simplest compliance path)
• [ ] Collect health forms (DH 3040, DH 680) before students begin
• [ ] Establish emergency contact procedures
• [ ] Create parent communication system for attendance issues

Florida School Choice Programs: $8,000 Per Student

A. Program Overview

Florida operates three major scholarship programs providing approximately $8,000 per student annually to attend private schools:

1. FES-EO (Family Empowerment Scholarship - Educational Options)
2. FTC (Florida Tax Credit Scholarship)
3. FES-UA (Family Empowerment Scholarship - Unique Abilities)

These programs transformed Florida into America's most expansive school choice state, with over 340,000 students using scholarships in 2024-25.

Average Funding: Scholarships average approximately $8,000 per student annually, though exact amounts vary by county and grade level (Step Up For Students).

B. FES-EO (Educational Options Branch)

Eligibility:

The FES-EO program, established by House Bill 1 in March 2023, provides educational options for "all K-12 students" in Florida (Florida DOE). This represents a dramatic expansion from previous income-restricted programs.

Income-Based Priority System:

While all families can apply regardless of income, awards are distributed by priority:

1. Renewal students (those already receiving scholarships)
2. Lower-income families (household income ≤185% of federal poverty level, foster care, or out-of-home care)
3. Moderate-income families (household income between 185-400% of federal poverty level)
4. All other eligible students

School Requirements:

To participate in FES-EO, your school must:

• Complete annual DOE private school survey (school code required)
• Submit annual scholarship compliance form by February 1 deadline
• Pass site visit for first-time participants
• Maintain physical Florida location with regular student attendance
• Complete background screening for all employees and contractors
• Employ teachers meeting qualification standards (bachelor's OR 3 years OR special skills)

Testing Requirements:

Students in grades 3-10 must take a nationally norm-referenced test annually. Schools choose which test from the approved list.

Alternatively, schools may apply to administer Florida's FAST, End-of-Course, or science assessments, but must test ALL students if approved.

Funding (2024-25):

Awards average approximately $8,000 per student, with amounts varying by county and grade level. Students can use funds for:

• Full-time private school tuition
• Part-time enrollment
• Instructional materials
• Curriculum materials
• Educational therapies

Administering Organizations:

Families apply through one of two scholarship funding organizations:

• Step Up For Students: 877-735-7837, stepupforstudents.org
• AAA Scholarship Foundation: 888-707-2465, aaascholarships.org

C. FTC (Florida Tax Credit Scholarship)

The FTC program, established in 2001 and dramatically expanded in 2023-24, operates similarly to FES-EO but is funded by corporate tax credits rather than state appropriations.

Eligibility:

According to Florida Statute 1002.395, students must be "Florida residents or dependents of active-duty military with permanent change of station orders to Florida" and "eligible to enroll in kindergarten through grade 12 in a public school in this state" (Florida Statute 1002.395).

Income-Based Priority (Same as FES-EO):

The 2023-24 expansion eliminated the 400% federal poverty level income cap. Now all families can apply, with priority given to:

1. Renewal students
2. Household income ≤185% federal poverty level
3. Household income 185-400% federal poverty level
4. All other eligible students

School Requirements:

FTC has slightly more stringent requirements than FES-EO:

• DOE-registered private school (annual survey completed)
• Notify DOE of intent to participate in FTC program
• Physical Florida location with regular student attendance
• Background screening of all employees and contractors
• Annual compliance form submission by February 1
• Surety bond or letter of credit for quarterly scholarship payment amounts (protects families if school closes mid-year)
• Site visit required for first-time participating schools
• Teachers meeting qualification standards

Eligible Expenses:

FTC funds can be used for a wider range of educational expenses than FES-EO:

• Tuition and fees (full-time or part-time)
• Instructional materials and curriculum
• Textbooks and digital learning materials
• Tutoring services
• Standardized test fees (PSAT, SAT, ACT, AP/IB exams)
• Industry certification fees
• Virtual education programs
• Transportation to/from school
• School uniforms

Testing Requirements:

Same as FES-EO: Students in grades 3-10 must take a nationally norm-referenced test annually. Schools report results to parents and to a designated state university by August 15.

Funding (2024-25):

Awards average approximately $8,000, varying by county and grade level.

Surety Bond Requirement:

This is the key difference from FES-EO. FTC-participating schools must obtain either:

• A surety bond equal to quarterly scholarship payment amounts, OR
• A letter of credit from a financial institution

This protects families if your school closes mid-year and must refund prorated tuition. Budget $500-1,500 annually for this requirement depending on enrollment size.

D. FES-UA (Students with Unique Abilities)

Eligibility:

The FES-UA program serves students ages 3-22 (through high school graduation) with documented disabilities. Students must have:

• An Individual Education Plan (IEP), OR
• A 504 plan documenting disability

Eligible Expenses (Most Flexible):

FES-UA is the most flexible scholarship program, allowing funds for:

• Home education programs
• Private school tuition and fees
• Private tutoring services
• Virtual education (Department-approved programs)
• Educational therapies and specialized services
• Specialized after-school and summer programs
• VPK and School Readiness providers
• Testing and assessments
• Educational materials and assistive technology
• Annual educational evaluation

Key Advantage:

Unlike FTC and FES-EO, FES-UA funds can be used for home education, tutoring, and therapies—not just traditional school enrollment. This makes it ideal for students with disabilities who need individualized support.

School Requirements:

If you're serving FES-UA students in a school setting, requirements are similar to FTC/FES-EO:

• DOE registration
• Teacher qualifications (bachelor's OR 3 years OR special skills)
• Background screening
• Annual compliance
• Site visit

Funding:

Award amounts vary based on student disability category and services needed. Contact Step Up For Students or AAA Scholarship Foundation for specific amounts.

Source: Florida Statute 1002.394, https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1002/Sections/1002.394.html

E. Personalized Education Program (PEP)

NEW for 2025-26:

Florida is launching the Personalized Education Program, an expanded Education Savings Account model serving up to 100,000 students statewide (Florida DOE).

Key Features:

• Most flexible funding model (similar to FES-UA but for all students)
• Individualized learning plans
• Funds can be used for combination of schooling, tutoring, curriculum, and activities
• Expands educational freedom beyond traditional school enrollment

Details are still being finalized for the 2025-26 launch. Check the Florida DOE website for updates.

F. How to Participate in Scholarship Programs

Step 1: Register Your School

Complete the annual private school survey and obtain your school code. This is prerequisite for all scholarship participation.

Step 2: Notify DOE of Scholarship Participation

Inform the Department of Education which scholarship programs you plan to accept (FTC, FES-EO, or both).

Step 3: Choose Scholarship Administrator

Contact one or both scholarship funding organizations:

• Step Up For Students: 877-735-7837, info@stepupforstudents.org
• AAA Scholarship Foundation: 888-707-2465, info@aaascholarships.org

They'll guide you through school registration, compliance requirements, and payment procedures.

Step 4: Complete Compliance Requirements

Before receiving scholarship payments:

• Submit annual compliance form (deadline: February 1)
• Schedule and pass site visit (first-time participants only)
• Obtain surety bond or letter of credit (FTC only—budget $500-1,500)
• Complete background screening for all employees
• Document teacher qualifications

Step 5: Enroll Scholarship Students

Families apply through the scholarship organization (not your school). Once approved:

• Families designate your school for payment
• Scholarship organization pays tuition directly to your school
• You provide quarterly enrollment verification
• Students take required annual testing

Payment Schedule:

Most scholarship payments are made quarterly. Schools verify enrollment before each payment.

Action Items: Scholarship Programs

• [ ] Decide which programs to participate in (FTC, FES-EO, or both)
• [ ] Contact Step Up For Students or AAA to begin school registration
• [ ] Schedule site visit (first-time participants)
• [ ] Obtain surety bond or letter of credit (FTC only)
• [ ] Set calendar reminder for February 1 compliance deadline
• [ ] Choose nationally norm-referenced test for grades 3-10
• [ ] Create scholarship student enrollment procedures

Accreditation: Optional Strategic Decision

A. Is Accreditation Required?

Answer: No—Completely Optional

The Florida Department of Education is explicit: "The Florida Department of Education does not accredit, regulate, approve, or license K-12 private schools" (Florida DOE).

Furthermore, "Private school registration with FLDOE should NOT be used to imply state approval or accreditation."

Florida's legislative framework intentionally avoids state control over private schools. Accreditation is entirely a private market decision between schools and accrediting organizations.

B. Recognized Accrediting Bodies

If you choose to pursue accreditation for credibility or quality assurance, these organizations accredit Florida private schools:

National/Regional Organizations:

• WASC - Western Association of Schools and Colleges (acswasc.org)
• SACS - Southern Association of Schools and Colleges
• NAIS - National Association of Independent Schools
• AdvancED/Cognia - Serves schools nationwide

Florida-Specific Organizations:

• Florida Council of Independent Schools (FCIS) - Secular/non-sectarian schools
• Christian Schools of Florida - Faith-based institutions
• Florida Association of Christian Colleges and Schools (FACCS)
• Association of Christian Schools International (ACSI)
• National Christian School Association (NCSA)

Montessori/Specialized:

• American Montessori Society (AMS)
• Association Montessori Internationale (AMI)
• Other pedagogy-specific accreditors

C. Benefits vs. Trade-Offs

Benefits of Accreditation:

• Enhanced reputation and credibility with prospective families
• Diploma recognition by colleges and employers
• Access to professional development networks and conferences
• Quality assurance through external review
• May satisfy some college admission requirements
• Membership in accrediting association provides resources and support

Trade-Offs:

• Annual fees ($1,500-5,000+ depending on organization and school size)
• Administrative burden (self-study reports, site visits, action plans)
• Compliance with accreditor standards (may limit curriculum flexibility)
• Multi-year commitment required
• Time investment for preparation and ongoing compliance

Our Recommendation:

Accreditation is typically NOT necessary in Year 1. Focus your energy and resources on:

• Recruiting students
• Delivering excellent instruction
• Building community and culture
• Establishing operational systems

Consider accreditation in Year 3+ when:

• Enrollment justifies the annual cost
• You have administrative capacity for compliance
• Parents are asking about accreditation
• You want external validation of quality

Most Florida microschools operate successfully without accreditation. Families choosing microschools often prioritize educational philosophy and teacher quality over institutional credentials.

Action Items: Accreditation

• [ ] Decide whether accreditation aligns with your mission and timeline
• [ ] Research accrediting bodies matching your school's philosophy
• [ ] Budget for annual fees if pursuing accreditation
• [ ] Plan for self-study and site visit preparation (typically 12-18 months)

Recent Legislative Changes (2023-2025)

A. HB 1285 - Zoning Preemption (Effective July 1, 2024)

Major Change: Approximately 50,000 new facility locations statewide

HB 1285 revolutionized facility access for private schools by preempting local zoning restrictions for churches, synagogues, libraries, community service organizations, museums, performing arts venues, theaters, and cinemas.

Impact: According to analysis by WLRN, this created about 50,000 new eligible locations statewide, with roughly 5,000 in Miami-Dade and Broward counties alone (WLRN, 2024).

Primer microschools CEO Ryan Delk called the legislation "the removal of the primary barrier" for educators—access to affordable, compliant facilities.

B. FTC Income Restrictions Eliminated (2023-24)

Change: Universal eligibility with priority system

Previous: FTC scholarships were capped at families earning 400% of federal poverty level (about $124,800 for a family of four in 2023).

Current: All families can apply regardless of income. Awards are distributed by priority:

1. Renewal students
2. Income ≤185% FPL
3. Income 185-400% FPL
4. All other eligible students

This change dramatically expanded the potential student base for scholarship-accepting schools.

C. FES-EO Converted to ESA Model (2024-25)

Change: Education Savings Account structure for greater flexibility

The FES-EO program transitioned from a traditional scholarship model to an Education Savings Account, allowing families to use funds for:

• Private school tuition
• Tutoring services
• Curriculum materials
• Educational materials
• Virtual learning programs

Benefit: Greater flexibility for families combining schooling with supplemental services. Microschools can now serve part-time students more easily.

D. PEP Program Launch (2025-26)

New: Personalized Education Program for up to 100,000 students

Florida is launching its most flexible program yet—Personalized Education Programs that allow highly customized learning plans combining schooling, tutoring, curriculum, activities, and therapies.

Focus: Maximum family control and educational individualization. Details are being finalized for the 2025-26 school year.

Quick-Start Compliance Checklist

Before Opening Day

Legal & Registration:

• [ ] Form LLC or chosen legal entity
• [ ] Register entity with Florida Secretary of State
• [ ] Obtain Employer Identification Number (EIN) from IRS
• [ ] Submit owner fingerprints for FDLE background check
• [ ] Request school code and password from Florida DOE
• [ ] Complete and submit notarized annual private school survey
• [ ] Receive school code confirmation

Facility Compliance:

• [ ] Identify HB 1285-eligible facility (church, library, community center, museum, theater)
• [ ] Negotiate lease or space rental agreement
• [ ] Schedule environmental health inspection with county health department
• [ ] Schedule fire safety inspection with local fire authority
• [ ] Schedule building/electrical/plumbing inspection with municipality
• [ ] Arrange radon measurement with state-approved company (if required)
• [ ] Verify drinking water system inspection (if applicable)
• [ ] Pass all inspections and obtain certificates

Staffing & Curriculum:

• [ ] Verify all teachers meet qualification requirements (bachelor's OR 3 years OR special skills)
• [ ] Complete background screening for all employees (required for scholarship schools)
• [ ] Document teacher qualifications in personnel files
• [ ] Design curriculum (complete freedom—choose what aligns with your mission)
• [ ] Plan 180-day school calendar (simplest compliance path)
• [ ] Choose nationally norm-referenced test (if accepting scholarships)

Student Enrollment:

• [ ] Create comprehensive enrollment packet
• [ ] Collect student health examination forms (DH 3040)
• [ ] Collect immunization records (DH 680)
• [ ] Set up daily attendance tracking system
• [ ] Establish emergency contact procedures
• [ ] Create parent communication system

Scholarship Programs (Optional but Recommended):

• [ ] Notify Florida DOE of scholarship program participation
• [ ] Choose scholarship administrator (Step Up or AAA)
• [ ] Complete school registration with chosen administrator
• [ ] Schedule site visit (first-time participants)
• [ ] Obtain surety bond or letter of credit (FTC only)
• [ ] Set calendar reminder for February 1 annual compliance deadline

What You DON'T Need

These are NOT required for Florida microschools:

• ❌ State curriculum approval
• ❌ Alignment to Florida Standards
• ❌ Standardized testing (unless accepting scholarships)
• ❌ Teaching certificates for instructors
• ❌ Accreditation from any organization
• ❌ Zoning approval for HB 1285-eligible facilities
• ❌ State approval of your educational philosophy

Common Mistakes Florida Microschool Founders Make

Mistake #1: Skipping Environmental Health Inspection

Consequence: Cannot legally operate with scholarship students—and the penalties are severe.

Florida Statute 1002.395 and 1002.421 explicitly state that scholarship-participating schools must operate "in a location that has met all health and safety requirements." Without the environmental health inspection certificate, Step Up For Students and AAA Scholarship Foundation cannot approve your school for scholarship participation. Your school registration will be marked "incomplete" and families won't be able to designate you for scholarship payments.

But the consequences go deeper than scholarship ineligibility:

Immediate Shutdown Risk: If you operate without the health inspection and a parent reports your school to the local superintendent (perhaps after a dispute over tuition or dismissal), you could face:

• Immediate shutdown order from the county health department
• Fines of $500-1,000 per day of non-compliant operation under Florida health code violations
• Potential liability if a student gets sick and you lack basic sanitation compliance (your general liability insurance may not cover claims for known violations)
• Permanent damage to your school's reputation in the local microschool community

We've seen founders get excited about HB 1285's zoning preemption and assume it eliminates all inspections. It doesn't—zoning is separate from health and safety compliance. You still need environmental health approval even in a church facility that's been operating for 50 years. The church may be compliant for congregational use, but group care standards for children are more stringent (different bathroom ratios, food service requirements, etc.).

Real Example: A Miami microschool opened in September 2024 in a church fellowship hall without health inspection, believing HB 1285 eliminated all compliance requirements. Three weeks into the school year, a parent concerned about bathroom cleanliness contacted the county health department. Inspectors arrived unannounced, found multiple violations (inadequate hand soap, no posted handwashing instructions, refrigerator temperature too high), and issued a cease-and-desist order. The school closed for 17 days while correcting violations and obtaining approval—parents demanded tuition refunds, two families left permanently, and the founder's reputation suffered lasting damage.

Solution: Schedule Early and Prepare Thoroughly

Call your county health department's environmental health division at least 6 weeks before your planned opening (find contact info at floridahealth.gov). Say: "I'm opening a private school with [X] students and need to schedule a group care facility inspection for educational use."

They'll guide you through their specific process and send you a pre-inspection checklist. Complete this checklist thoroughly before the inspection:

• Floor plan showing restroom locations and student capacity
• Food service procedures (even if just snacks and lunches from home)
• Cleaning schedule and products used (must be EPA-approved disinfectants)
• Emergency contact information
• Water source documentation

Have documentation ready: Copy of your lease, building owner's insurance certificate, fire safety inspection certificate (if already completed), emergency evacuation plan.

Inspectors appreciate preparation—it often results in faster approvals and fewer follow-up visits.

Budget realistically:

• Inspection fee: $150-300
• Minor improvements: $100-500 (soap dispensers, hand sanitizer stations, trash cans with lids, food thermometer, first aid kit)
• Potential facility modifications: $500-2,000 (additional sink, playground fall surfacing, ventilation improvements)

This is non-negotiable for scholarship participation. Don't announce your opening date to families until you have this certificate in hand, or at minimum, a scheduled inspection date with high confidence of passing.

Mistake #2: Assuming HB 1285 Eliminates All Facility Compliance

Reality: HB 1285 eliminates ZONING restrictions for eligible facilities. You still must comply with fire safety, building codes, health codes, and radon testing requirements.

Solution: Complete all four required inspections even in HB 1285-eligible facilities:

• Environmental health
• Fire safety
• Building/electrical/plumbing
• Radon measurement (if required in your county)

Mistake #3: Not Planning for 180 School Days

Problem: Tracking instructional hours by grade level is administratively complex. You need different hour totals for K, 1-3, and 4-12—easy to miscalculate.

Solution: Plan for exactly 180 actual school days. This automatically satisfies attendance requirements without any hour tracking. Simplest compliance path for microschools.

Mistake #4: Hiring Unqualified Teachers for Scholarship Schools

Risk: Non-compliance with FTC/FES-EO teacher qualification requirements jeopardizes scholarship eligibility.

Solution: Before hiring, verify EVERY teacher has at least ONE of:

• Bachelor's degree (any field)
• 3 years teaching experience (public or private)
• Special skills/expertise for their subject

Document qualifications in personnel files. When in doubt, ask the scholarship funding organization for guidance.

Mistake #5: Missing the February 1 Compliance Deadline

Consequence: Risk losing scholarship program participation for following school year. The scholarship organizations are strict about this deadline.

Solution: Set annual calendar reminder for January 15. Complete the compliance form well before deadline. Scholarship organizations send reminders, but don't rely on them—take ownership of this critical deadline.

Mistake #6: Inadequate Record Retention Planning

Problem: Schools sometimes close without transferring student records to the district or another school. This violates Florida law and harms families.

Solution: From day one, establish:

• Secure student record storage (digital backup recommended)
• Clear record retention policy
• Written closure plan including record transfer procedures
• Designated person responsible for records if school closes

Resources & Next Steps

Official Florida Resources

Florida Department of Education:

• Private Schools Homepage: fldoe.org/schools/school-choice/private-schools
• Opening a Private School Guide: fldoe.org/schools/school-choice/private-schools/opening-a-private-school.stml
• Detailed Requirements: fldoe.org/schools/school-choice/private-schools/requirements-for-private-schools.stml
• Private Schools Directory: floridaschoolchoice.org/information/privateschooldirectory

Scholarship Organizations:

• Step Up For Students: 877-735-7837 | stepupforstudents.org
• Administers FTC, FES-EO, FES-UA, and PEP scholarships
• Comprehensive school handbooks and compliance resources
• AAA Scholarship Foundation: 888-707-2465 | aaascholarships.org
• Alternative scholarship administrator with personalized support

Florida Statutes:

• Private Schools (1002.42): leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1002/Sections/1002.42.html
• Teacher Qualifications (1002.421): leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1002/Sections/1002.421.html
• FTC Scholarship (1002.395): leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1002/Sections/1002.395.html
• Compulsory Attendance (1003.21): leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/Sections/1003.21.html

Business Registration:

• Florida Secretary of State Division of Corporations: 850-245-6052
• Sunbiz (online business registration): sunbiz.org

Health & Safety:

• Florida Department of Health - Group Care: floridahealth.gov/environmental-health/group-care/public-private-schools.html

Your Next Steps

Week 1:

1. Choose legal structure (LLC recommended)
2. Register business entity with Florida Secretary of State
3. Request school code and password from Florida DOE

Week 2-3:

1. Identify potential HB 1285-eligible facilities
2. Negotiate facility lease or rental agreement
3. Submit owner fingerprints for background check

Week 4-6:

1. Complete annual private school survey
2. Schedule all required inspections (health, fire, building, radon)
3. Contact Step Up For Students or AAA about scholarship participation

Week 7-8:

1. Design curriculum and hire qualified teachers
2. Create 180-day school calendar
3. Develop enrollment packet and student record system

Week 9-12:

1. Pass all facility inspections
2. Complete scholarship school registration and site visit
3. Begin student enrollment and marketing

Frequently Asked Questions

Do I need a teaching degree to start a microschool in Florida?

No. Florida doesn't require microschool founders to hold teaching degrees or state teaching certificates. If you're accepting scholarship students (FTC, FES-EO), your teachers must meet ONE of three qualifications: (1) bachelor's degree in any field, (2) 3+ years teaching experience, or (3) special skills/expertise in their subject. For non-scholarship schools, you have complete hiring autonomy—no credentials required at all.

The founder/director doesn't need specific credentials either. Most Florida microschools are founded by former teachers, homeschool parents, or education entrepreneurs with subject matter expertise rather than education administration degrees.

How long does it take to start a microschool in Florida?

Realistically, 12-16 weeks from decision to opening day if you execute systematically. Here's the critical path:

• Weeks 1-2: Form LLC, register with Florida Secretary of State, request school code
• Weeks 3-4: Identify and secure HB 1285-eligible facility (church, library, community center)
• Weeks 5-8: Schedule and pass all four required inspections (environmental health, fire safety, building/electrical, radon)
• Weeks 9-12: Complete annual private school survey, hire teachers, design curriculum, create enrollment materials
• Weeks 13-16: Register with scholarship organizations, market to families, enroll students

The facility inspections are typically the longest part—scheduling can take 2-4 weeks per inspection if counties are backlogged. Starting in summer (May-July) gives you the best chance of opening by fall semester.

Can I operate a Florida microschool from my home?

Technically yes, but with significant practical challenges. Florida doesn't prohibit home-based private schools, but you must pass the same four facility inspections as any school:

• Environmental health inspection requires commercial-grade restrooms (one toilet per 15 students), adequate handwashing facilities, and food service compliance if providing meals
• Fire safety inspection requires emergency exits, fire extinguishers, occupancy limits based on square footage, and evacuation plans
• Building code inspection ensures your home's electrical, plumbing, and structural systems can handle educational occupancy
• Radon testing required in most Florida counties

Most residential homes can't meet these requirements without expensive modifications ($10,000-50,000+). Additionally, you'll likely face homeowners association restrictions, residential zoning challenges despite HB 1285, and neighbor concerns about parking/traffic.

Better alternative: Rent space in an HB 1285-eligible facility (church, community center, library) for $500-1,500/month. These facilities are already compliant or easily brought into compliance for educational use.

How much does it cost to start a microschool in Florida?

Startup costs for most Florida microschools: $8,000-$15,000 to launch with 10-15 students. Here's the breakdown:

Legal & Registration ($500-1,500):

• LLC formation: $125 (Florida Secretary of State)
• Liability insurance: $500-1,200 annually ($1-2 million coverage)
• Business tax certificate: $25-150 (varies by municipality)

Facility & Inspections ($2,500-5,000):

• First/last month rent + security deposit: $1,500-4,500 (assuming $500-1,500/month rent)
• Environmental health inspection: $150-300
• Fire safety inspection: Usually free (some jurisdictions charge $100-200)
• Building inspection: $150-250
• Radon testing: $150-300
• Minor facility improvements: $500-1,000 (soap dispensers, fire extinguishers, first aid kits, cleaning supplies)

Curriculum & Materials ($1,500-3,000):

• Curriculum licenses (if using commercial programs): $500-1,500
• Books and materials: $500-1,000
• Manipulatives, art supplies, science equipment: $500-1,000

Marketing & Enrollment ($500-1,000):

• Website domain and hosting: $50-200
• Printed materials (brochures, business cards): $200-400
• Online advertising (Facebook, Google): $250-400

Technology & Furniture ($2,000-4,000):

• Used desks/chairs (10-15 students): $500-1,500
• Shelving, storage, rugs: $500-1,000
• Computer/printer: $500-1,000
• Student devices (if providing): $500-1,500

Scholarship schools benefit from ~$8,000 per student annually, covering most operating costs after startup. Non-scholarship schools charging $6,000-10,000 annual tuition per student typically reach break-even by month 6-9 with 12+ enrolled students.

What is HB 1285 and how does it help microschools?

HB 1285 is the landmark 2024 Florida legislation that opened approximately 50,000 new locations for microschools statewide by preempting local zoning restrictions.

Before HB 1285: Private schools needed commercially-zoned properties or expensive special-use permits from local governments. This limited schools to expensive retail/office spaces ($3,000-5,000/month) in commercial districts, often far from residential neighborhoods.

After HB 1285 (effective July 1, 2024): Private schools can operate in churches, synagogues, libraries, community centers, theaters, performing arts venues, and museums without zoning approval. Local governments can't block schools from using these facilities based on zoning codes.

Impact: Created an estimated 5,000+ new school-eligible locations in Miami-Dade and Broward counties alone. Churches are particularly valuable—most have fellowship halls, classrooms, and restrooms sitting empty weekdays. Typical rent: $500-1,500/month compared to $3,000-5,000 for commercial space.

Critical limitation: HB 1285 eliminates zoning restrictions only. You still need all four facility inspections (environmental health, fire safety, building/electrical, radon) regardless of facility type.

Do Florida microschools need to be accredited?

No—accreditation is completely optional. The Florida Department of Education explicitly states: "The Florida Department of Education does not accredit, regulate, approve, or license K-12 private schools."

Most Florida microschools operate successfully without accreditation, especially in Years 1-3. Families choosing microschools typically prioritize educational philosophy, teacher quality, and student outcomes over institutional credentials.

Consider accreditation in Years 3-5+ when:

• Annual fees ($1,500-5,000) are justified by enrollment size
• Parents are specifically requesting accredited diplomas for college admissions
• You want external quality validation and professional development access
• Your school has administrative capacity for self-study reports and site visits

Recognized accrediting bodies for Florida: WASC, SACS, FCIS (Florida Council of Independent Schools), Christian Schools of Florida, American Montessori Society, and pedagogy-specific accreditors.

Can homeschool co-ops accept scholarship funds in Florida?

No. Only DOE-registered private schools can participate in FTC, FES-EO, and FES-UA scholarship programs.

True homeschool co-ops under Florida Statute 1002.41 are informal groups where parents remain the primary instructors and hire supplemental teachers for enrichment activities. These co-ops:

• File "Notice of Intent" with county superintendent (not DOE registration)
• Are NOT eligible for scholarship funds
• Have simpler compliance (no facility inspections, no teacher qualification requirements)

If you want to accept scholarships, you must register as a private school:

• Complete annual DOE private school survey
• Pass all four facility inspections
• Meet teacher qualification requirements (bachelor's OR 3 years OR special skills)
• Submit to site visits and annual compliance

Recommendation: If your student families need scholarship access (~$8,000/student annually), register as a private school. The annual survey is simple, and scholarship eligibility dramatically expands your addressable market. The Florida microschool model works better than co-ops for most founders seeking sustainable enrollment.

How many students do I need to make a Florida microschool financially viable?

Minimum viable enrollment: 10-12 students for most founders to cover expenses and pay themselves a modest salary ($30,000-40,000).

Revenue Model Example (12 students, scholarship-funded):

• 12 students × $8,000 scholarship = $96,000 annual revenue
• Facility rent ($1,000/month × 10 months): $10,000
• Teacher salaries (1 full-time at $35,000 + founder salary $35,000): $70,000
• Curriculum, materials, supplies: $5,000
• Insurance, licenses, inspections: $2,000
• Marketing, administration, contingency: $4,000
• Total expenses: $91,000
• Net: $5,000 (emergency fund/reinvestment)

Revenue Model Example (15 students, private-pay $8,000 tuition):

• 15 students × $8,000 tuition = $120,000 annual revenue
• Similar expense structure as above
• Net: $25,000-30,000 for reinvestment and founder profit

Most Florida microschools start with 8-12 students in Year 1, grow to 15-20 students by Year 2, and stabilize at 20-30 students by Year 3. Microschools emphasize small class sizes—intentionally staying under 40 students preserves the personalized, community-focused model that makes microschools attractive to families.

What's the difference between FTC and FES-EO scholarships?

Both programs provide approximately $8,000 per student annually and serve all income levels with a priority system, but have key differences:

FES-EO (Family Empowerment Scholarship - Educational Options):

• ✅ Simpler compliance (no surety bond required)
• ✅ Fewer administrative requirements
• ✅ Education Savings Account format allows families to combine schooling with tutoring, curriculum purchases, and educational therapies
• ⚠️ Schools must participate in annual testing (nationally norm-referenced tests for grades 3-10)

FTC (Florida Tax Credit Scholarship):

• ⚠️ Requires surety bond or letter of credit equal to quarterly scholarship payments (budget $500-1,500 annually)
• ⚠️ Slightly more stringent reporting requirements
• ✅ Funded by corporate tax credits (sustainable funding source)
• ✅ Allows broader range of educational expenses (transportation, uniforms, AP exam fees, standardized test prep)

Most microschools participate in BOTH programs to maximize family eligibility. Families choose which scholarship to apply for based on their needs—schools accept both seamlessly.

Recommendation: Start with FES-EO for simpler compliance, add FTC in Year 2-3 when you have enrollment systems established and can afford the surety bond.

Do I need to follow the Florida Standards curriculum?

No—absolutely not. The state explicitly disclaims authority over private school curriculum. Florida Statute 1002.42 states: "Legislative intent not to regulate, control, approve, or accredit private educational institutions is explicit."

You have complete curriculum freedom:

• ✅ Choose any educational philosophy (Montessori, Waldorf, classical, Charlotte Mason, project-based, competency-based, or create your own)
• ✅ Select any curriculum provider or develop your own materials
• ✅ No alignment to Florida Standards required
• ✅ No subject-specific requirements (though teaching reading, math, science, and history is obviously advisable)
• ✅ No state approval process for curriculum choices

Only requirements:

• Operate 180 school days OR meet minimum instructional hours by grade (Kindergarten: 540 hours, Grades 1-3: 720 hours, Grades 4-12: 900 hours)
• Maintain daily attendance records
• For scholarship schools: Administer nationally norm-referenced testing for grades 3-10 (you choose which test)

This curricular autonomy is one of Florida's biggest advantages for microschool founders. You can implement innovative, student-centered approaches without bureaucratic approval.

Conclusion: Florida's Education Opportunity Explosion

Florida's 2024 legislative changes represent the most significant expansion of educational freedom in state history. With HB 1285 opening approximately 50,000 new facility locations and universal scholarship eligibility providing ~$8,000 per student, the Sunshine State now rivals Arizona for entrepreneurial education opportunity.

The regulatory framework is remarkably founder-friendly:

Simple Registration - Annual survey only, no state approval process Flexible Teacher Qualifications - Bachelor's degree OR 3 years experience OR special skills Complete Curriculum Autonomy - Zero state mandates, choose any educational philosophy 50,000 New Locations - Churches, libraries, community centers now zoning-free Universal Scholarship Access - $8,000 per student regardless of income No Accreditation Requirement - Optional strategic decision, not mandated

But Don't Skip These Critical Requirements:

⚠️ Environmental health inspection (before opening)

⚠️ Fire safety inspection (educational facility standards)

⚠️ Building code inspection (structural/electrical/plumbing)

⚠️ Radon measurement (most counties)

⚠️ 180 school days or hour tracking by grade level

⚠️ Teacher qualifications (if accepting scholarships)

⚠️ February 1 compliance deadline (scholarship schools)

Florida's approach balances freedom with accountability. The state trusts private school founders to make curriculum and staffing decisions while ensuring basic safety standards and protecting scholarship funds through reasonable oversight.

The Opportunity Is Real

According to Ryan Delk of Primer, HB 1285 removed "the primary barrier" that prevented thousands of educators from launching microschools. Combined with universal scholarship access, Florida now offers the clearest path to microschool entrepreneurship in the nation.

Your success depends on preparation, not navigating regulatory obstacles. Use this guide to complete compliance efficiently, then focus your energy where it matters most:

• Designing exceptional curriculum aligned with your educational philosophy
• Recruiting mission-aligned teachers with passion for their subjects
• Building authentic community among families who share your values
• Creating learning environments where every student thrives

Ready to Launch Your Florida Microschool?

Florida microschool regulations reward founders who do their homework. Follow this guide's checklists systematically, maintain excellent records, and deliver outstanding education. The regulatory framework supports your success—now it's time to build something remarkable.

Start by requesting your school code from the Florida Department of Education. Complete the annual survey. Schedule your facility inspections. Then open your doors to families who've been waiting for exactly what you're creating.

Next Steps:

• Browse Florida microschools accepting applications - Connect with families on Biggie
• Read The Complete Microschool Startup Guide - Comprehensive planning resource
• Download Microschool Insurance Guide - Protect your school with proper coverage

The opportunity is here. The path is clear. Florida is ready for your microschool.

About Biggie: We help families discover exceptional Florida microschools and help founders like you connect with scholarship-eligible families. Create your free school profile to start enrolling students today.