THE BILL ITSELF
CS/CS/HB 1437
Conversion Charter Schools
1
A bill to be entitled
2
An act relating to conversion charter schools;
3
amending s. 1002.33, F.S.; providing that specified
4
mediation requirements apply to disputes between a
5
district school board and conversion charter school
6
regarding mutual management plans; amending s.
7
1013.62, F.S.; authorizing conversion charter schools
8
that meet specified criteria to be eligible for
9
capital outlay funding; providing an effective date.
11
Be It Enacted by the Legislature of the State of Florida:
13
Section 1. Paragraph (a) of subsection (18) of section
14
1002.33, Florida Statutes, is amended to read:
15
1002.33 Charter schools.—
16
(18) FACILITIES.—
17
(a)1. A startup charter school shall utilize facilities
18
which comply with the Florida Building Code pursuant to chapter
19
553 except for the State Requirements for Educational
20
Facilities. Conversion charter schools shall utilize facilities
21
that comply with the State Requirements for Educational
22
Facilities provided that the school district and the charter
23
school have entered into a mutual management plan for the
24
reasonable maintenance of such facilities. The mutual management
25
plan shall contain a provision by which the district school
26
board agrees to maintain charter school facilities in the same
27
manner as its other public schools within the district. Any
28
dispute regarding the mutual management plan shall be resolved
29
pursuant to paragraph (7)(b). Charter schools, with the
30
exception of conversion charter schools, are not required to
31
comply, but may choose to comply, with the State Requirements
32
for Educational Facilities of the Florida Building Code adopted
33
pursuant to s. 1013.37.
34
2. The local governing authority may not adopt, impose, or
35
enforce any local building requirements, site-development
36
restrictions, or operational requirements that impact parking
37
and site-size criteria, student enrollment and capacity, hours
38
of operation, and occupant load:
39
a. That are addressed by and more stringent than those
40
found in the State Requirements for Educational Facilities of
41
the Florida Building Code; or
42
b. That are not uniformly imposed or enforced by the local
43
governing authority upon public schools within the jurisdiction
44
of the local governing authority.
45
3. A local governing authority must treat charter schools
46
equitably in comparison to similar requirements, restrictions,
47
and site planning processes imposed upon public schools that are
48
not charter schools, including such provisions that are
49
established by interlocal agreement, development order, or
50
development permit. An interlocal agreement entered into by a
51
school district for the development of only its own schools,
52
including provisions relating to the extension of
53
infrastructure, may be used by charter schools. A charter school
54
may not be subject to any land use regulation requiring a change
55
to a local government comprehensive plan or requiring a
56
development order or development permit, as those terms are
57
defined in s. 163.3164, or any requirement or restriction that
58
would not be required for a public or private school in the same
59
location or a location on which a public or private school has
60
previously been permitted. A local governing authority may not
61
apply or enforce a condition against a charter school unless the
62
condition is uniformly applied to other public schools within
63
the jurisdiction of the local governing authority and the
64
charter school is located on property that is the subject of a
65
previously approved development order or development permit, and
66
if such development order or development permit contains
67
conditions applicable to the construction or operation of a
68
public or private school, including, but not limited to:
69
a. Limits on the number of students;
70
b. Limits on the number of teachers;
71
c. Limits on the number of classrooms;
72
d. Limits on the hours of operation;
73
e. Minimum outdoor recreation area; or
74
f. Requirements to conform to a prior plan of development.
75
4. The agency having jurisdiction for inspection of a
76
facility and issuance of a certificate of occupancy or use shall
77
be the local municipality or, if in an unincorporated area, the
78
county governing authority. A charter school that meets the
79
requirements of state law consistent with the requirements of
80
this subsection shall be administratively approved by the local
81
governing authority. If a local governing authority refuses to
82
comply with this subsection, the aggrieved school or entity has
83
an immediate right to bring an action in circuit court to
84
enforce its rights. An aggrieved party that prevails in such an
85
action may be awarded attorney fees and court costs.
86
Section 2. Subsection (1) of section 1013.62, Florida
87
Statutes, is amended to read:
88
1013.62 Charter schools capital outlay funding.—
89
(1) Charter school capital outlay funding shall consist of
90
state funds when such funds are appropriated in the General
91
Appropriations Act and revenue resulting from the discretionary
92
millage authorized in s. 1011.71(2).
93
(a) To be eligible to receive capital outlay funds, a
94
charter school must:
95
1.a. Have been in operation for 2 or more years;
96
b. Be governed by a governing board established in the
97
state for 2 or more years which operates both charter schools
98
and conversion charter schools within the state;
99
c. Be an expanded feeder chain of a charter school within
100
the same school district that is currently receiving charter
101
school capital outlay funds;
102
d. Have been accredited by a regional accrediting
103
association as defined by State Board of Education rule;
104
e. Serve students in facilities that are provided by a
105
business partner for a charter school-in-the-workplace pursuant
106
to s. 1002.33(15)(b); or
107
f. Be operated by a hope operator pursuant to s. 1002.333.
108
2. Have an annual audit that does not reveal any of the
109
financial emergency conditions provided in s. 218.503(1) for the
110
most recent fiscal year for which such audit results are
111
available.
112
3. Have not earned two consecutive grades of "F," three
113
consecutive grades below a "C," or two consecutive school
114
improvement ratings of "Unsatisfactory."
115
4. Have received final approval from its sponsor pursuant
116
to s. 1002.33 for operation during that fiscal year.
117
5.a. Serve students in facilities that are not provided by
118
the charter school's sponsor; or
119
b. Serve students in facilities that are provided by the
120
charter school's sponsor if the charter school is a conversion
121
charter school that:
122
(I) Has entered into a mutual management plan under which
123
the conversion charter school is fully responsible for the
124
repair and maintenance of the facility for the duration of the
125
charter; and
126
(II) Agrees to use the funds provided pursuant to this
127
section solely for the renovation, repair, and maintenance of
128
such facility.
129
6. Attest in writing to the department that if the charter
130
school is nonrenewed or terminated, any unencumbered funds and
131
all equipment and property purchased with public funds shall
132
revert pursuant to subsection (5).
133
(b) A charter school is not eligible to receive capital
134
outlay funds if:
135
1. It was created by the conversion of a public school and
136
operates in facilities provided by the charter school's sponsor
137
for a nominal fee, or at no charge, or if it is directly or
138
indirectly operated by the school district, unless the
139
conversion charter school meets the requirements of sub-sub-
140
subparagraphs (a)5.b.(I) and (II);
141
2. It is a developmental research (laboratory) school that
142
receives state funding for capital improvement purposes pursuant
143
to s. 1002.32(9)(d);
144
3. A member of the governing board, or his or her family
145
member as defined in s. 440.13(1)(b), has an interest in or is
146
an employee of the lessor, excluding charter schools operating
147
pursuant to s. 1002.33(15); or
148
4. It is a Florida College System institution or state
149
university sponsored charter school that receives state funding
150
for capital improvement purposes pursuant to s.
151
1002.33(17)(b)2.d.
152
Section 3. This act shall take effect July 1, 2026.