THE BILL ITSELF
CS/CS/HB 833
Private School Facilities
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A bill to be entitled
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An act relating to private school facilities; amending
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s. 1002.42, F.S.; providing that certain private
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schools are considered a permitted use in certain
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zoning districts; authorizing counties and
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municipalities to require specified measures to
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mitigate vehicular traffic and pedestrian safety;
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providing requirements for such measures; authorizing
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private schools to provide a traffic study rather than
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comply with such measures; creating a right to action
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under certain circumstances; authorizing the award of
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injunctive relief; authorizing certain private schools
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to operate in facilities that meet specified
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requirements; requiring certain private schools
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operating in such facilities to meet specified Florida
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Fire Prevention Code standards; providing that
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completion of a specified evaluation system with
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certain ratings by specified persons constitutes
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evidence of compliance with the Florida Fire
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Prevention Code for such private schools; authorizing
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the State Fire Marshal to adopt rules; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (19) of section 1002.42, Florida
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Statutes, is amended to read:
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1002.42 Private schools.—
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(19) FACILITIES AND LAND USE.—
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(a) A private school may use facilities on property owned
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or leased by a library, community service organization, museum,
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performing arts venue, theater, cinema, or church facility under
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s. 170.201, which is or was actively used as such within 5 years
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of any executed agreement with a private school to use the
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facilities; any facility or land owned by a Florida College
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System institution or university; any similar public
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institutional facilities; and any facility recently used to
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house a school or child care facility licensed under s. 402.305,
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under any such facility's preexisting zoning and land use
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designations without rezoning or obtaining a special exception
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or a land use change, and without complying with any mitigation
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requirements or conditions. The facility must be located on
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property used solely for purposes described in this paragraph,
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and must meet applicable state and local health, safety, and
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welfare laws, codes, and rules, including firesafety and
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building safety.
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(b) A private school may use facilities on property
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purchased from a library, community service organization,
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museum, performing arts venue, theater, cinema, or church
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facility under s. 170.201, which is actively or was actively
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used as such within 5 years of any executed agreement with a
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private school to purchase the facilities; any facility or land
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owned by a Florida College System institution or university; any
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similar public institutional facilities; and any facility
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recently used to house a school or child care facility licensed
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under s. 402.305, under any such facility's preexisting zoning
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and land use designations without obtaining a special exception,
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rezoning, or a land use change, and without complying with any
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mitigation requirements or conditions. The facility must be
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located on property used solely for purposes described in this
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paragraph, and must meet applicable state and local health,
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safety, and welfare laws, codes, and rules, including firesafety
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and building safety.
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(c) A private school located in a county with four
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incorporated municipalities may construct new facilities, which
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may be temporary or permanent, on property purchased from or
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owned or leased by a library, community service organization,
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museum, performing arts venue, theater, cinema, or church under
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s. 170.201, which is or was actively used as such within 5 years
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of any executed agreement with a private school; any land owned
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by a Florida College System institution or state university; and
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any land recently used to house a school or child care facility
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licensed under s. 402.305, under its preexisting zoning and land
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use designations without rezoning or obtaining a special
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exception or a land use change, and without complying with any
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mitigation requirements or conditions. Any new facility must be
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located on property used solely for purposes described in this
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paragraph, and must meet applicable state and local health,
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safety, and welfare laws, codes, and rules, including firesafety
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and building safety.
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(d) A private school enrolling 150 or fewer students shall
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be considered a permitted use in a commercial or mixed-use
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zoning district within a county or municipality without rezoning
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or obtaining a special exception or a land use change, and
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without complying with any mitigation requirements, conditions,
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performance standards, ordinances, rules, codes, or policies,
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except that a county or municipality may require proportionate
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mitigation measures necessary to mitigate vehicular traffic and
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pedestrian safety.
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1. The vehicular traffic and pedestrian safety mitigation
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measures required by a county or municipality pursuant to this
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paragraph shall be limited to those impacts reasonably and
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directly attributable to the operation of the private school at
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the site and shall be no greater in cost or scope than what is
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required of all other uses within the same zoning district.
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2. The private school subject to vehicular traffic and
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pedestrian safety mitigation measures may, in lieu of complying
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with such mitigation measures, provide a traffic study that
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demonstrates the school will not have disproportionate impact on
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vehicular traffic or pedestrian safety compared to other
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allowable uses within the same zoning district.
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3. If a local governing authority fails to comply with
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this paragraph, the aggrieved school or entity has an immediate
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right to bring an action in circuit court for injunctive relief.
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(e) Notwithstanding any other provision of law, a private
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school enrolling 150 or fewer students may operate in a facility
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that is an existing assembly, day care, mercantile, or business
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occupancy, as defined in the Florida Fire Prevention Code. A
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private school operating in such a facility must meet the
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standards for existing educational occupancy requirements under
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the Florida Fire Prevention Code, adopted by the State Fire
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Marshal. Completion of the fire safety evaluation system for
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educational occupancies in NFPA 101A: Guide on Alternative
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Approaches to Life Safety, adopted by the State Fire Marshal, by
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a registered design professional licensed under chapter 471 or
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chapter 481, with a determination of achieving at a minimum an
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"at least equivalent" conclusion, shall be considered evidence
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of compliance with the Florida Fire Prevention Code. The State
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Fire Marshal may adopt rules to implement this paragraph.
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Section 2. This act shall take effect July 1, 2026.