No. CS/CS/HB 833
Filed under Education.
Private School Facilities; Providing that certain private schools are considered a permitted use in certain zoning districts; authorizing counties and municipalities to require specified measures to mitigate vehicular traffic and pedestrian safety; authorizing private schools to provide a traffic study rather than comply with such measures; authorizing the award of injunctive relief; requiring certain private schools operating in such facilities to meet specified Florida Fire Prevention Code standards; authorizing the State Fire Marshal to adopt rules, etc.
Plain English Summary
AI-GENERATEDSmall private schools (150 or fewer students) can now operate in commercial or mixed-use zoning districts without rezoning, special exceptions, or land use changes. Local governments cannot impose new conditions beyond basic traffic and pedestrian safety measures.
Local governments may require traffic and pedestrian safety mitigation, but only for impacts directly attributable to the school. Schools can avoid these measures entirely by submitting a traffic study showing no disproportionate impact compared to other uses in the same district.
Small private schools may operate in existing assembly, day care, mercantile, or business buildings. They must meet fire safety standards for educational occupancies, but can prove compliance by having a registered design professional complete a fire safety evaluation system with an "at least equivalent" conclusion.
If a local government fails to comply with the new zoning or mitigation rules, the school has an immediate right to sue in circuit court for injunctive relief. This creates a direct legal pathway to force local compliance without first exhausting administrative appeals.
AIPrivate schools with 150 or fewer students are automatically permitted in commercial or mixed-use zoning districts without rezoning, special exceptions, or land use changes.
AILocal governments may require traffic and pedestrian safety mitigation measures, but only for impacts directly attributable to the school and no greater in cost or scope than for other uses in the same district.
AIA private school may submit a traffic study demonstrating no disproportionate impact instead of complying with local mitigation measures.
AIIf a local governing authority fails to comply with the zoning and mitigation provisions, the aggrieved school has an immediate right to seek injunctive relief in circuit court.
AIPrivate schools with 150 or fewer students operating in existing assembly, day care, mercantile, or business occupancies must meet Florida Fire Prevention Code standards for existing educational occupancies.
AICompletion of the NFPA 101A fire safety evaluation system by a licensed design professional with an "at least equivalent" conclusion is considered evidence of compliance with the Fire Prevention Code.
AIThe State Fire Marshal is authorized to adopt rules to implement the fire safety provisions for private schools in existing facilities.