SESSION WATCH
THE BILL ITSELF

SB 818

Education in the Criminal Justice System

VERSION S 818 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 818 By Senator Truenow 13-01357A-26 2026818__
1 A bill to be entitled
2 An act relating to education in the criminal justice
3 system; amending s. 944.275, F.S.; authorizing the
4 Department of Corrections to award gain time for an
5 inmate who completes specified education programs;
6 revising an exception for earning gain time; amending
7 s. 1002.37, F.S.; revising the purpose of the Florida
8 Virtual School to provide for the development and
9 delivery of blended learning; requiring the Florida
10 Virtual School to give priority to students enrolled
11 in the Florida Virtual School Justice Education
12 Program; conforming a reporting requirement to changes
13 made by the act; revising the calculation of a “full
14 time equivalent student” for purposes of determining
15 funding for the Florida Virtual School; requiring that
16 full-time equivalent students enrolled in a certain
17 blended learning program be reported to the Department
18 of Education in a specified manner; specifying
19 conditions under which the Florida Virtual School may
20 be funded through the Florida Education Finance
21 Program; revising the requirements for a report the
22 board of trustees of the Florida Virtual School is
23 required to submit annually to certain entities,
24 beginning with a specified school year; requiring that
25 students enrolled in the Florida Virtual School
26 Justice Education Program take specified examinations
27 and assessments at institutions or facilities operated
28 by, or under the supervision of, the Department of
29 Corrections; providing for the determination of
30 Florida Virtual School performance related to the
31 Justice Education Program; creating s. 1002.371, F.S.;
32 requiring the Florida Virtual School to establish the
33 Florida Virtual School Justice Education Program,
34 beginning with a specified school year; providing the
35 purpose of the program; specifying requirements for
36 courses delivered by the program; requiring that
37 students in blended learning courses be full-time
38 students; providing that the funding, performance, and
39 accountability requirements for such blended learning
40 courses are the same as for traditional classroom
41 courses; requiring the Florida Virtual School to
42 report program students separately from other students
43 for funding purposes; providing for funding of
44 students enrolled in the program; authorizing students
45 who turn 22 years of age while enrolled in the program
46 to remain enrolled under certain circumstances;
47 prohibiting funding for such students from being
48 reported through the Florida Education Finance
49 Program; requiring the Department of Education, with
50 assistance from specified entities, to select a common
51 student assessment instrument and protocol for
52 measuring student learning gains and progression;
53 requiring specified entities to jointly review such
54 assessment instrument and protocol and implement
55 changes as necessary; authorizing students removed
56 from the program to appeal to seek reinstatement,
57 subject to a final determination on the appeal by the
58 Commissioner of Education; requiring the Florida
59 Virtual School to negotiate by a specified date and
60 annually thereafter a cooperative agreement with the
61 Department of Corrections to implement the program;
62 specifying requirements for such agreement; providing
63 construction; requiring the State Board of Education
64 and the Department of Corrections to adopt rules;
65 amending s. 1011.61, F.S.; revising the definition of
66 the term “full-time equivalent student”; providing an
67 effective date.
69 Be It Enacted by the Legislature of the State of Florida:
71 Section 1. Present paragraphs (e) and (f) of subsection (4)
72 of section 944.275, Florida Statutes, are redesignated as
73 paragraphs (h) and (i), respectively, and amended, and new
74 paragraphs (e) and (f) and paragraph (g) are added to that
75 subsection, to read:
76 944.275 Gain-time.—
77 (4)
78 (e) Notwithstanding the monthly maximum awards of incentive
79 gain-time under subparagraphs (b)1., 2., and 3., the department
80 may grant awards of 60 to 180 additional days of vocational or
81 workforce preparedness incentive gain-time to an inmate who is
82 otherwise eligible and who successfully completes requirements
83 for, and is or has been during the current commitment awarded, a
84 vocational certificate not resulting in credit under paragraph
85 (d), or who completes any other career, workforce preparedness,
86 or technical education program, including the prison
87 entrepreneurship program. The department may also grant awards
88 of 30-90 days to an inmate who completes an educational or
89 rehabilitation program not resulting in credit under paragraph
90 (d) or this paragraph, including, but not limited to, drug,
91 behavioral health, or mental health treatment programs, life
92 skills, reentry programs, or character-based programs.
93 (f) Notwithstanding the monthly maximum awards of incentive
94 gain-time under subparagraphs (b)1., 2., and 3., the department
95 may grant up to 5 days per month of workforce preparedness
96 incentive gain-time for each month in which an inmate
97 participates in a vocational or workforce preparedness program
98 as designated by the department. Under no circumstances may an
99 inmate receive workforce preparedness incentive gain-time awards
100 in excess of 15 percent of the sentence imposed for that inmate.
101 (g) Notwithstanding the monthly maximum awards of incentive
102 gain-time under subparagraphs (b)1., 2., and 3., the department
103 may grant up to three additional incentive gain-time awards of
104 up to 60 days each to an inmate who has used his or her time
105 constructively and demonstrated a diligent commitment to
106 rehabilitation considering the availability and accessibility of
107 education, work assignments, workforce preparation training, and
108 any other programming in the inmate’s place or places of
109 incarceration.
110 (h)1. (e)1. Notwithstanding subparagraph (b)3., for
111 sentences imposed for offenses committed on or after October 1,
112 2014, and before July 1, 2023, the department may not grant
113 incentive gain-time if the offense is a violation of s.
114 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
115 3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
116 825.1025; or s. 847.0135(5).
117 2. Notwithstanding subparagraph (b)3., for sentences
118 imposed for offenses committed on or after July 1, 2023, the
119 department may not grant incentive gain-time if the offense is
120 for committing or attempting, soliciting, or conspiring to
121 commit a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or
122 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
123 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
124 (i) (f) An inmate who is subject to subparagraph (b)3. is
125 not eligible to earn or receive gain-time under paragraph (a),
126 paragraph (b), paragraph (c), or paragraph (d) , paragraph (e),
127 paragraph (f), or paragraph (g) or any other type of gain-time
128 in an amount that would cause a sentence to expire, end, or
129 terminate, or that would result in a prisoner’s release, before
130 prior to serving a minimum of 65 percent of the sentence imposed
131 for inmates serving a sentence for a nonviolent felony as
132 defined in s. 948.20(1), or 85 percent of the sentence imposed.
133 For purposes of this paragraph, credits awarded by the court for
134 time physically incarcerated shall be credited toward
135 satisfaction of the applicable minimum 85 percent of the
136 sentence imposed. Except as provided by this section, a prisoner
137 may not accumulate further gain-time awards at any point when
138 the tentative release date is the same as that date at which the
139 prisoner will have served the applicable minimum 85 percent of
140 the sentence imposed. State prisoners sentenced to life
141 imprisonment shall be incarcerated for the rest of their natural
142 lives, unless granted pardon or clemency.
143 Section 2. Present paragraphs (c) through (g) of subsection
144 (3) of section 1002.37, Florida Statutes, are redesignated as
145 paragraphs (d) through (h), respectively, a new paragraph (c)
146 and paragraph (i) are added to that subsection, paragraph (e) is
147 added to subsection (10) of that section, and paragraphs (a) and
148 (b) of subsection (1), paragraphs (c) and (j) of subsection (2),
149 paragraph (a) of subsection (3), and subsections (7) and (11) of
150 that section are amended, to read:
151 1002.37 The Florida Virtual School.—
152 (1)(a) The Florida Virtual School is established for the
153 development and delivery of online and blended distance learning
154 education. The Commissioner of Education shall monitor the
155 school’s performance and report its performance to the State
156 Board of Education and the Legislature.
157 (b) The mission of the Florida Virtual School is to provide
158 students with technology-based educational opportunities to gain
159 the knowledge and skills necessary to succeed. The school shall
160 serve any student in this the state who meets the profile for
161 success in this educational delivery context and shall give
162 priority to all of the following :
163 1. Students who need expanded access to courses in order to
164 meet their educational goals, such as home education students
165 and students in inner-city and rural high schools who do not
166 have access to higher-level courses.
167 2. Students seeking accelerated access in order to obtain a
168 high school diploma at least one semester early.
169 3. Students who are children of an active duty member of
170 the United States Armed Forces who is not stationed in this
171 state whose home of record or state of legal residence is
172 Florida.
173 4. Students enrolled in the Florida Virtual School Justice
174 Education Program pursuant to s. 1002.371.
176 The board of trustees of the Florida Virtual School shall
177 identify appropriate performance measures and standards based on
178 student achievement that reflect the school’s statutory mission
179 and priorities, and shall implement an accountability system for
180 the school that includes assessment of its effectiveness and
181 efficiency in providing quality services that encourage high
182 student achievement, seamless articulation, and maximum access.
183 (2) The Florida Virtual School shall be governed by a board
184 of trustees comprised of seven members appointed by the Governor
185 to 4-year staggered terms. The board of trustees shall be a
186 public agency entitled to sovereign immunity pursuant to s.
187 768.28, and board members shall be public officers who shall
188 bear fiduciary responsibility for the Florida Virtual School.
189 The board of trustees shall have the following powers and
190 duties:
191 (c) The board of trustees shall aggressively seek avenues
192 to generate revenue to support its future endeavors, and shall
193 enter into agreements with blended distance learning providers.
194 The board of trustees may acquire, enjoy, use, and dispose of
195 patents, copyrights, and trademarks and any licenses and other
196 rights or interests thereunder or therein. Ownership of all such
197 patents, copyrights, trademarks, licenses, and rights or
198 interests thereunder or therein shall vest in the state, with
199 the board of trustees having full right of use and full right to
200 retain the revenues derived therefrom. Any funds realized from
201 patents, copyrights, trademarks, or licenses are shall be
202 considered internal funds as provided in s. 1011.07. Such funds
203 shall be used to support the school’s marketing and research and
204 development activities in order to improve courseware and
205 services to its students.
206 (j) The board of trustees shall submit to the State Board
207 of Education both forecasted and actual enrollments and credit
208 completions for the Florida Virtual School, according to
209 procedures established by the State Board of Education. At a
210 minimum, such procedures must include the number of public,
211 private, and home education students served , by program and by
212 county of residence , and the number of students enrolled in the
213 Florida Virtual School Justice Education Program pursuant to s.
214 1002.371 .
216 The Governor shall designate the initial chair of the board of
217 trustees to serve a term of 4 years. Members of the board of
218 trustees shall serve without compensation, but may be reimbursed
219 for per diem and travel expenses pursuant to s. 112.061. The
220 board of trustees shall be a body corporate with all the powers
221 of a body corporate and such authority as is needed for the
222 proper operation and improvement of the Florida Virtual School.
223 The board of trustees is specifically authorized to adopt rules,
224 policies, and procedures, consistent with law and rules of the
225 State Board of Education related to governance, personnel,
226 budget and finance, administration, programs, curriculum and
227 instruction, travel and purchasing, technology, students,
228 contracts and grants, and property as necessary for optimal,
229 efficient operation of the Florida Virtual School. Tangible
230 personal property owned by the board of trustees shall be
231 subject to the provisions of chapter 273.
232 (3) Funding for the Florida Virtual School shall be
233 provided as follows:
234 (a)1. The calculation of a “ full-time equivalent student ”
235 enrolled in an online learning program is shall be as prescribed
236 in s. 1011.61(1)(c)1.b.(V) and is subject to s. 1011.61(3).
237 2. The calculation of a full-time equivalent student
238 enrolled in a blended learning program offered pursuant to s.
239 1002.371 is prescribed in s. 1011.61(1)(c)1.b.(I) and is subject
240 to s. 1011.61(4).
241 3. For a student in a home education program, funding shall
242 be provided in accordance with this subsection upon course
243 completion if the parent verifies, upon enrollment for each
244 course, that the student is registered with the school district
245 as a home education student pursuant to s. 1002.41(1)(a).
246 (c) A full-time equivalent student enrolled in a blended
247 learning program offered pursuant to s. 1002.371, including a
248 student enrolled during the summer, must be reported to the
249 Department of Education in the manner the department prescribes
250 and must be funded through the Florida Education Finance
251 Program.
252 (i) The Florida Virtual School may be funded for blended
253 learning through the Florida Education Finance Program only for
254 full-time students enrolled in the Florida Virtual School
255 Justice Education Program pursuant to s. 1002.371. However, such
256 students may enroll in online courses and be funded as provided
257 in paragraph (a).
258 (7) The board of trustees shall annually submit to the
259 Governor, the Legislature, the Commissioner of Education, and
260 the State Board of Education the audit report prepared pursuant
261 to subsection (6) and a complete and detailed report setting
262 forth:
263 (a) The operations and accomplishments of the Florida
264 Virtual School within this the state and those occurring outside
265 this the state as Florida Virtual School Global and, beginning
266 with the 2026-2027 school year, the Florida Virtual School
267 Justice Education Program established under s. 1002.371 .
268 (b) The marketing and operational plan for the Florida
269 Virtual School , and Florida Virtual School Global, and,
270 beginning with the 2026-2027 school year, the Florida Virtual
271 School Justice Education Program established under s. 1002.371,
272 including recommendations regarding methods for improving the
273 delivery of education through the Internet and other distance
274 learning technology.
275 (c) The assets and liabilities of the Florida Virtual
276 School and Florida Virtual School Global at the end of the
277 fiscal year.
278 (d) Recommendations regarding the unit cost of providing
279 services to students through the Florida Virtual School , and
280 Florida Virtual School Global , and, beginning with the 2026-2027
281 school year, the Florida Virtual School Justice Education
282 Program established under s. 1002.371 . In order to most
283 effectively develop public policy regarding any future funding
284 of the Florida Virtual School, it is imperative that the cost of
285 the program is accurately identified. The identified cost of the
286 program must be based on reliable data.
287 (e) Recommendations regarding an accountability mechanism
288 to assess the effectiveness of the services provided by the
289 Florida Virtual School , and Florida Virtual School Global , and,
290 beginning with the 2026-2027 school year, the Florida Virtual
291 School Justice Education Program established under s. 1002.371 .
292 (10)
293 (e) Students enrolled in the Florida Virtual School Justice
294 Education Program pursuant to s. 1002.371 must take all industry
295 certification examinations, national assessments, and statewide
296 standardized assessments at the institution or facility operated
297 by, or under the supervision of, the Department of Corrections.
298 (11) The Florida Virtual School shall receive a school
299 grade pursuant to s. 1008.34 for students receiving full-time
300 instruction pursuant to this section. School performance for the
301 Florida Virtual School as it relates to the Florida Virtual
302 School Justice Education Program must be assessed based on
303 student learning gains and student progression, as demonstrated
304 by the student assessment instrument and protocol selected
305 pursuant to s. 1002.371(6) .
306 Section 3. Section 1002.371, Florida Statutes, is created
307 to read:
308 1002.371 Florida Virtual School Justice Education Program.—
309 (1) Beginning with the 2026-2027 school year, the Florida
310 Virtual School shall establish the Florida Virtual School
311 Justice Education Program to offer inmates younger than 22 years
312 of age housed in institutions and facilities operated by, or
313 under the supervision of, the Department of Corrections the
314 opportunity to earn a standard high school diploma pursuant to
315 s. 1003.4282. Courses must be delivered in an educational
316 setting under the supervision of the Department of Corrections
317 by Florida Virtual School personnel certified pursuant to s.
318 1012.55 who provide instruction through online courses pursuant
319 to s. 1002.37 or through blended learning courses consisting of
320 both traditional classroom and online instructional techniques.
321 Students in blended learning courses must be full-time students
322 of the school as provided in s. 1011.61(1)(a)1. The funding,
323 performance, and accountability requirements for blended
324 learning courses are the same as those for traditional classroom
325 courses.
326 (2) The Florida Virtual School shall separately report all
327 students enrolled in the program for purposes of the Florida
328 Education Finance Program.
329 (3) The Florida Virtual School shall receive state funds
330 for operating purposes as provided in the General Appropriations
331 Act for students enrolled in the program. The calculation to
332 determine the amount of state funds is prescribed in s.
333 1002.37(3)(g).
334 (4) The program must include and receive funding for a
335 summer school period that must begin on the day immediately
336 following the end of the regular school year and end on the day
337 immediately preceding the subsequent regular school year.
338 Students may not be funded for more than 25 hours per week of
339 instruction.
340 (5) A student who turns 22 years of age while enrolled in
341 the program may remain enrolled if his or her continued
342 enrollment is approved by the Florida Virtual School and the
343 Department of Corrections; however, funding for such student may
344 not be reported through the Florida Education Finance Program.
345 (6) The Department of Education, with assistance from the
346 Florida Virtual School and the Department of Corrections, shall
347 select a common student assessment instrument and protocol for
348 measuring student learning gains and student progression for
349 students receiving full-time instruction pursuant to this
350 section. The Department of Education, the Florida Virtual
351 School, and the Department of Corrections shall jointly review
352 the effectiveness of such assessment instrument and protocol and
353 implement changes as necessary.
354 (7) A student removed from the program may appeal to the
355 Department of Education to seek reinstatement, subject to a
356 final determination on the appeal by the Commissioner of
357 Education.
358 (8) By July 1, 2027, and annually thereafter, the Florida
359 Virtual School shall negotiate a cooperative agreement with the
360 Department of Corrections for the delivery of educational
361 services to students under the jurisdiction of the Department of
362 Corrections to implement the program. Such agreement must
363 provide for, but need not be limited to:
364 (a) Roles and responsibilities of the Florida Virtual
365 School and the Department of Corrections, including the roles
366 and responsibilities of contract providers.
367 (b) Resolution of administrative issues, including
368 procedures for sharing information.
369 (c) Allocation of resources, including the maximization of
370 state and federal funding.
371 (d) Procedures for educational evaluation for exceptional
372 education students and those with special needs.
373 (e) Procedures for individualized progress monitoring plans
374 developed for all students not classified upon entry to the
375 program as exceptional education students. Such plans must
376 address academic, literacy, career, and technical skills and
377 must include provisions for intensive remedial instruction in
378 areas of weakness.
379 (f) Curriculum and delivery of instruction, including
380 resources required for delivery of instruction through
381 technological means.
382 (g) Procedures for assessments, including, but not limited
383 to, industry certification examinations, national assessments,
384 and statewide, standardized assessments administered pursuant to
385 s. 1008.22 at an institution or facility operated by the
386 Department of Corrections.
387 (h) Classroom management procedures and attendance
388 policies.
389 (i) Procedures for provision of qualified personnel,
390 whether supplied by the Florida Virtual School or the Department
391 of Corrections, and for the performance of their duties in a
392 Department of Corrections setting.
393 (j) Provisions for improving skills in teaching and working
394 with students in the program.
395 (k) Transition plans for students moving into and out of
396 the program, including graduates transitioning to postsecondary
397 education or into the workforce.
398 (l) Procedures and timelines for the timely documentation
399 of credits earned and the transfer of student records.
400 (m) Methods and procedures for dispute resolution.
401 (n) Provisions for ensuring the safety of education
402 personnel and support for the agreed-upon education program.
403 (9) This section and the cooperative agreement required
404 under subsection (8) do not require the Florida Virtual School
405 to provide more services than can be supported by the funds
406 generated by students participating in the program.
407 (10) This section does not prohibit a student from
408 participating in the Correctional Education Program pursuant to
409 s. 944.801.
410 (11) The State Board of Education and the Department of
411 Corrections shall adopt rules to administer this section.
412 Section 4. Paragraph (c) of subsection (1) of section
413 1011.61, Florida Statutes, is amended to read:
414 1011.61 Definitions.—Notwithstanding the provisions of s.
415 1000.21, the following terms are defined as follows for the
416 purposes of the Florida Education Finance Program:
417 (1) A “full-time equivalent student” in each program of the
418 district is defined in terms of full-time students and part-time
419 students as follows:
420 (c)1. A “full-time equivalent student” is:
421 a. A full-time student in any one of the programs listed in
422 s. 1011.62(1)(c); or
423 b. A combination of full-time or part-time students in any
424 one of the programs listed in s. 1011.62(1)(c) which is the
425 equivalent of one full-time student based on the following
426 calculations:
427 (I) A full-time student in a combination of programs listed
428 in s. 1011.62(1)(c) shall be a fraction of a full-time
429 equivalent membership in each special program equal to the
430 number of net hours per school year for which he or she is a
431 member, divided by the appropriate number of hours set forth in
432 subparagraph (a)1. The difference between that fraction or sum
433 of fractions and the maximum value as set forth in subsection
434 (4) for each full-time student is presumed to be the balance of
435 the student’s time not spent in a special program and shall be
436 recorded as time in the appropriate basic program.
437 (II) A prekindergarten student with a disability shall meet
438 the requirements specified for kindergarten students.
439 (III) A full-time equivalent student for students in
440 kindergarten through grade 12 in a full-time virtual instruction
441 program under s. 1002.45 or a virtual charter school under s.
442 1002.33 shall consist of six full-credit completions or the
443 prescribed level of content that counts toward promotion to the
444 next grade in programs listed in s. 1011.62(1)(c). Credit
445 completions may be a combination of full-credit courses or half
446 credit courses.
447 (IV) A full-time equivalent student for students in
448 kindergarten through grade 12 in a part-time virtual instruction
449 program under s. 1002.45 shall consist of six full-credit
450 completions in programs listed in s. 1011.62(1)(c)1. and 3.
451 Credit completions may be a combination of full-credit courses
452 or half-credit courses.
453 (V) A Florida Virtual School full-time equivalent student
454 in an online program shall consist of six full-credit
455 completions or the prescribed level of content that counts
456 toward promotion to the next grade in the programs listed in s.
457 1011.62(1)(c)1. and 3. for students participating in
458 kindergarten through grade 12 part-time virtual instruction and
459 the programs listed in s. 1011.62(1)(c) for students
460 participating in kindergarten through grade 12 full-time virtual
461 instruction. Credit completions may be a combination of full
462 credit courses or half-credit courses.
463 (VI) Each successfully completed full-credit course earned
464 through an online course delivered by a district other than the
465 one in which the student resides shall be calculated as 1/6 FTE.
466 (VII) A full-time equivalent student for courses requiring
467 passage of a statewide, standardized end-of-course assessment
468 under s. 1003.4282 to earn a standard high school diploma shall
469 be defined and reported based on the number of instructional
470 hours as provided in this subsection.
471 (VIII) For students enrolled in a school district as a
472 full-time student, the district may report 1/6 FTE for each
473 student who passes a statewide, standardized end-of-course
474 assessment without being enrolled in the corresponding course.
475 2. A student in membership in a program scheduled for more
476 or less than 180 school days or the equivalent on an hourly
477 basis as specified by rules of the State Board of Education is a
478 fraction of a full-time equivalent membership equal to the
479 number of instructional hours in membership divided by the
480 appropriate number of hours set forth in subparagraph (a)1.;
481 however, for the purposes of this subparagraph, membership in
482 programs scheduled for more than 180 days is limited to students
483 enrolled in:
484 a. Juvenile justice education programs.
485 b. The Florida Virtual School.
486 c. Virtual instruction programs and virtual charter schools
487 for the purpose of course completion and credit recovery
488 pursuant to ss. 1002.45 and 1003.498. Course completion applies
489 only to a student who is reported during the second or third
490 membership surveys and who does not complete a virtual education
491 course by the end of the regular school year. The course must be
492 completed no later than the deadline for amending the final
493 student enrollment survey for that year. Credit recovery applies
494 only to a student who has unsuccessfully completed a traditional
495 or virtual education course during the regular school year and
496 must retake the course in order to be eligible to graduate with
497 the student’s class.
499 The full-time equivalent student enrollment calculated under
500 this subsection is subject to the requirements in subsection
501 (3).
503 The department shall determine and implement an equitable method
504 of equivalent funding for schools operating under emergency
505 conditions, which schools have been approved by the department
506 to operate for less than the minimum term as provided in s.
507 1011.60(2).
508 Section 5. This act shall take effect July 1, 2026.