Florida has a large and growing charter school sector, with more than 732 charter schools serving over 406,000 students statewide (2024-25). There are great opportunities, but also real legal and operational challenges to successfully opening and operating a charter school in Florida.

Mr. Woodring has worked with Florida charter school issues since 1999 and has represented hundreds of charter schools and charter management organizations (CMOs), including brick-and-mortar, blended learning, and virtual charter schools, as well as out-of-state operators expanding into Florida.

We provide practical, solution-focused counsel throughout the life of a charter – from application, contracting, facilities, governance, compliance, and student services, to renewal, nonrenewal, or termination proceedings. When an issue falls outside our practice (for example, complex facilities financing or bonding), we can coordinate with trusted specialists.

Key Florida Charter Law Framework

Florida charter schools operate under section 1002.33, Florida Statutes, and related statutes and rules. Charter schools are exempt from certain requirements that apply to district schools (see s. 1002.33(16), F.S.), but many other state and federal requirements still apply – including student services, civil rights, accountability, public records, and public meetings.

For an updated collection of Florida charter school statutes, rules, and model forms, see the Florida Department of Education charter school reference page.

Sponsors and Authorizers

Florida law now recognizes multiple charter school sponsoring entities, and uses the term “sponsor” (often referred to in practice as the “authorizer”). In addition to district school boards, Florida College System institutions and state universities may play a sponsoring role in specific circumstances, and the Charter School Review Commission (CSRC) has authority to solicit and review certain applications.

• District school boards remain the primary sponsors for most charter schools.
• Florida College System institutions may, with Department of Education approval, solicit applications and sponsor charter schools within their service areas to meet workforce demands (see s. 1002.33(5)(a)3.b., F.S.).
• State universities may sponsor charter lab schools under s. 1002.32 and must consult with the local district when considering a lab school application (see s. 1002.33(6)(b)3.g., F.S.).
• The Charter School Review Commission (CSRC), created in the Department of Education, may solicit and review applications for charter schools overseen by district school boards. If the CSRC approves an application, the district school board where the school will be located serves as the sponsor and must move the school into contracting on statutory timelines (see ss. 1002.33(5)(a)3.d. and 1002.3301, F.S.).

When Legal Issues Arise

Legal issues can arise at any point in the life of a charter school. Early, proactive legal advice is often less costly than litigating a full-blown dispute later. Unlike most school districts, many charters do not have in-house counsel, so having attorneys who understand both charter-specific law and general education law can be critical.

Common operational issue areas include:

• governance, Sunshine Law, ethics, and conflict-of-interest compliance
• employment and HR issues
• student discipline, due process, and code-of-conduct enforcement
• testing irregularities and accountability compliance
• ESE, ELL, Section 504, and civil rights compliance
• financial reporting, audits, and internal controls
• facilities, transportation, and food service contracting

Application Phase – Key Deadlines and Risks

Most charter school applications are submitted by February 1 for schools opening approximately 18 months later, unless a different opening date is permitted by statute (see s. 1002.33(6)(b), F.S.). Sponsors generally must approve or deny an application within 90 calendar days after receipt, absent a written agreement to extend (s. 1002.33(6)(b)2.a., F.S.).

Before denying an application, the sponsor must provide an opportunity to correct certain technical or nonsubstantive issues identified as a basis for denial (s. 1002.33(6)(b), F.S.).

If an application is denied or the sponsor fails to act, an applicant may appeal to the State Board of Education within 30 calendar days, following the procedures in s. 1002.33(6)(c)-(e), F.S. Because the timeline is tight, it is often advantageous to involve counsel before a denial issues so that the record is preserved and appeal arguments can be developed immediately.

Typical application-phase legal issues include:

• budget narrative and spreadsheet consistency
• meeting the statutory and rule-based application requirements
• whether a stated basis for denial constitutes “good cause” under the charter statute
• board composition, background screening, and governance readiness
• arms-length contracting and CMO/EMO relationships
• ESE/ELL service design and staffing
• facility planning, zoning/facilities compliance, and realistic timelines
• virtual or blended learning compliance issues
• protecting and developing the administrative record for appeal

Initial Approval and Charter Contracting

After approval, one of the first high-stakes steps is negotiating a charter contract. Florida law requires use of the standard charter contract (and standard virtual charter contract, if applicable) adopted by rule; deviations are presumed to limit charter flexibility (see s. 1002.33(7), F.S.).

Sponsors typically provide an initial proposed contract within 30 days after application approval, and the parties then have statutory time to negotiate and notice the contract for final approval (s. 1002.33(7)(b), F.S.). If the parties cannot resolve disputes over contract terms, the statute provides a dispute resolution process that may include mediation and an administrative hearing at the Division of Administrative Hearings (DOAH).

Other frequent opening-stage legal issues include:

• facility lease or purchase agreements, build-out, code compliance, and certificate of occupancy timing
• transportation, food service, and vendor contracting
• start-up policies (student handbook, discipline, enrollment, ESE/ELL/504 procedures)
• data privacy, technology use policies, and cybersecurity basics
• insurance, risk management, and incident response planning, Nonrenewal and Termination Proceedings

A proposed non-renewal or termination is procedurally and substantively different from an application denial. Section 1002.33(8) establishes detailed notice, grounds, and due process protections, including the right to request a Chapter 120 administrative hearing before an administrative law judge on an expedited schedule. The prevailing party is entitled to reasonable attorney fees and costs as provided in the statute.

Because these cases move quickly and are evidence-driven, charters facing nonrenewal or termination should involve counsel experienced with both charter school law and Chapter 120 hearing practice as early as possible.

Schools of Hope

Florida created a separate category of charter schools – “Schools of Hope” – in section 1002.333, Florida Statutes. Schools of Hope involve additional statutory requirements and unique facilities and growth provisions. We advise Schools of Hope operators and governing boards on compliance, contracting, and authorizer relations.

Statewide Representation

We work with charter schools and operators statewide, including Pensacola, Tallahassee, Gainesville, Jacksonville, Ocala, Lakeland, Orlando/Osceola, Tampa Bay, Sarasota, Fort Myers, Naples, Miami, West Palm Beach, and Fort Lauderdale.

If we may be of assistance to you and your charter school or charter management organization, please contact us.