THE BILL ITSELF
SB 424
Educational Facilities
Florida Senate - 2026 SB 424 By Senator Rouson 16-00641A-26 2026424__
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A bill to be entitled
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An act relating to educational facilities; amending s.
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1002.333, F.S.; revising definitions; deleting a
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provision authorizing a school of hope to colocate
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with another school in a public school facility;
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deleting a provision requiring a school district to
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permit a school of hope to use an underused, vacant,
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or surplus school district facility; deleting a
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requirement for students enrolled in a school of hope
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to be included in the school district’s total capital
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outlay full-time equivalent membership; deleting a
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provision authorizing a hope operator establishing a
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school of hope to use such a facility at no cost;
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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. Paragraphs (c) and (d) of subsection (1) and
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paragraphs (a) and (d) of subsection (7) of section 1002.333,
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Florida Statutes, are amended to read:
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1002.333 Persistently low-performing schools.—
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(1) DEFINITIONS.—As used in this section, the term:
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(c) “Persistently low-performing school” means a school
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that meets at least one of the following criteria:
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1. A school that has earned three grades lower than a “C,”
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pursuant to s. 1008.34, in at least 3 of the previous 5 years
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that the school received a grade and has not earned a grade of
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“B” or higher in the most recent 2 school years; or
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2. A school that was closed pursuant to s. 1008.33(4)
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within 2 years after the submission of a notice of intent ; or
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3. A school in the bottom 10 percent in at least 2 of the
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previous 3 years for student performance on the end-of-year
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administration of the coordinated screening and progress
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monitoring system for grade 3 English Language Arts or grade 4
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mathematics as prescribed in s. 1008.22(3)(a)2 .
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(d) “School of hope” means:
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1. A charter school operated by a hope operator which:
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a. Serves students from one or more persistently low
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performing schools or students who reside in a Florida
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Opportunity Zone; and
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b. Is located in a Florida Opportunity Zone or in the
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attendance zone of a persistently low-performing school or
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within a 5-mile radius of such school, whichever is greater. A
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school of hope may be located outside of a Florida Opportunity
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Zone or persistently low-performing school attendance zone if
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the school district does not have underused, vacant, or surplus
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property available for the hope operator to use within a Florida
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Opportunity Zone or persistently low-performing school
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attendance zone; and
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c. Is a Title I eligible school; or
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2. A school operated by a hope operator pursuant to s.
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1008.33(4)(b)3.
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(7) FACILITIES.—
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(a) A school of hope shall use facilities that comply with
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the Florida Building Code, except for the State Requirements for
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Educational Facilities. A school of hope that uses school
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district facilities must comply with the State Requirements for
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Educational Facilities only if the school district and the hope
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operator have entered into a mutual management plan for the
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reasonable maintenance of such facilities. The mutual management
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plan must shall contain a provision by which the district school
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board agrees to maintain the school facilities in the same
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manner as its other public schools within the district. A school
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of hope may colocate with another school in a public school
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facility. The school district must permit any school of hope to
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use all or part of underused, vacant, or surplus school district
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facilities, and receive facility-related services, pursuant to
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State Board of Education rule. Students enrolled in the school
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of hope shall be included in the district’s total capital outlay
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full-time equivalent membership for the purpose of s. 1013.62
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and for calculating the Public Education Capital Outlay
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maintenance funds or any other maintenance funds for the
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facility. The local governing authority may shall not adopt or
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impose any local building requirements or site-development
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restrictions, such as parking and site-size criteria, student
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enrollment, and occupant load, that are addressed by and more
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stringent than those found in the State Requirements for
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Educational Facilities of the Florida Building Code. A local
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governing authority shall must treat schools of hope equitably
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in comparison to similar requirements, restrictions, and site
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planning processes imposed upon public schools. The agency
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having jurisdiction for inspection of a facility and issuance of
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a certificate of occupancy or use is shall be the local
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municipality or, if in an unincorporated area, the county
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governing authority. If an official or employee of the local
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governing authority refuses to comply with this paragraph, the
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aggrieved school or entity has an immediate right to bring an
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action in circuit court to enforce its rights by injunction. An
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aggrieved party that receives injunctive relief may be awarded
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reasonable attorney fees and court costs.
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(d) No later than January 1, the department shall annually
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provide to school districts a list of all underused, vacant, or
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surplus facilities owned or operated by the school district as
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reported in the Florida Inventory of School Houses. A school
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district may provide evidence to the department that a facility
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includes prekindergarten students who are not reported for
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funding in the Florida Education Finance Program or that the
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list contains errors or omissions within 30 days after receipt
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of the list. By each April 1, the department shall update and
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publish a final list of all underused, vacant, or surplus
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facilities owned or operated by each school district, based upon
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updated information provided by each school district. A hope
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operator establishing a school of hope may use an educational
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facility identified in this paragraph at no cost. A hope
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operator using a facility pursuant to this paragraph may not
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sell or dispose of such facility without the written permission
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of the school district. For purposes of this paragraph, the term
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“underused, vacant, or surplus facility” means an entire
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facility or portion thereof which is not fully used or is used
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irregularly or intermittently by the school district for
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instructional or program use.
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Section 2. This act shall take effect July 1, 2026.