THE BILL ITSELF
SB 1264
Private Schools
Florida Senate - 2026 SB 1264 By Senator Calatayud 38-00844A-26 20261264__
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A bill to be entitled
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An act relating to private schools; amending s.
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1002.42, F.S.; requiring a private school that enrolls
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a certain number of students to be considered a
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permitted use for zoning purposes; providing that
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certain private schools may not be subject to
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additional building codes; requiring a fire official
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to use specified firesafety evaluation systems for
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existing private school facilities; providing that
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certain private schools are subject to specified fire
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code requirements; requiring that a sprinkler system
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that meets specified requirements be installed for
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certain private schools; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) is added to subsection (19) of
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section 1002.42, Florida Statutes, to read:
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1002.42 Private schools.—
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(19) FACILITIES.—
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(d)1. A private school enrolling 150 or fewer students is
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considered a permitted use in all zoning districts, except
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residential districts, within a county or a municipality without
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rezoning or obtaining a special exception or a land use change
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and without complying with any mitigation requirements,
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conditions, performance standards, ordinances, rules, codes, or
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policies.
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2. A private school enrolling 150 or fewer students may
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operate in a facility that is subject to and complies with the
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same occupancy requirements as a class A-1, A-3, B, or M
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occupancy as defined by the Florida Building Code and may not be
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subjected to any additional state or local health, safety, or
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welfare laws, codes, or rules beyond those applicable to a class
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A-1, A-3, B, or M occupancy facility.
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3. The local fire official shall use the firesafety
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evaluation systems found in NFPA 101A: Guide on Alternative
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Approaches to Life Safety for existing facilities as low cost,
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reasonable alternatives to firesafety evaluation system
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standards.
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4. A private school enrolling 150 or fewer students opening
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inside, or moving operations to, an existing assembly, day care,
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mercantile, or business occupancy, as defined by the Florida
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Fire Prevention Code, must meet standards for existing
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educational occupancy requirements under chapter 15 of the
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Florida Fire Prevention Code for automatic sprinkler, detection,
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alarm, and communications systems and requirements for hazardous
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areas, except that an automatic sprinkler system must be
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provided for educational occupancies as follows:
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a. Throughout all Group E fire areas greater than 12,000
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square feet, as defined by the International Building Code.
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b. Throughout every portion of educational buildings below
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the level of exit discharge.
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c. An automatic sprinkler system is not required in any
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fire area or area below the level of exit discharge where every
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classroom throughout the building has at least one exterior exit
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door at ground level without intervening corridors, passageways,
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interior exit stairways or ramps, or exit passageways.
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Section 2. This act shall take effect July 1, 2026.