Florida Senate - 2018 SB 1554
By Senator Rodriguez
37-01163-18 20181554__
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.33, F.S.; requiring charter schools that receive
4 capital outlay funding used for certain purposes to
5 ensure that new facilities comply with the State
6 Requirements for Educational Facilities of the Florida
7 Building Code; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (18) of section
12 1002.33, Florida Statutes, is amended to read:
13 1002.33 Charter schools.—
14 (18) FACILITIES.—
15 (a) A startup charter school shall utilize facilities which
16 comply with the Florida Building Code pursuant to chapter 553
17 except for the State Requirements for Educational Facilities.
18 Conversion charter schools shall utilize facilities that comply
19 with the State Requirements for Educational Facilities provided
20 that the school district and the charter school have entered
21 into a mutual management plan for the reasonable maintenance of
22 such facilities. The mutual management plan shall contain a
23 provision by which the district school board agrees to maintain
24 charter school facilities in the same manner as its other public
25 schools within the district. Charter schools, with the exception
26 of conversion charter schools, are not required to comply, but
27 may choose to comply, with the State Requirements for
28 Educational Facilities of the Florida Building Code adopted
29 pursuant to s. 1013.37. However, beginning July 1, 2018, a
30 charter school that receives capital outlay funding that is used
31 for the construction of new facilities must ensure that the new
32 facilities comply with the State Requirements for Educational
33 Facilities of the Florida Building Code. The local governing
34 authority shall not adopt or impose any local building
35 requirements or site-development restrictions, such as parking
36 and site-size criteria, student enrollment, and occupant load,
37 that are addressed by and more stringent than those found in the
38 State Requirements for Educational Facilities of the Florida
39 Building Code. A local governing authority must treat charter
40 schools equitably in comparison to similar requirements,
41 restrictions, and site planning processes imposed upon public
42 schools that are not charter schools. The agency having
43 jurisdiction for inspection of a facility and issuance of a
44 certificate of occupancy or use shall be the local municipality
45 or, if in an unincorporated area, the county governing
46 authority. If an official or employee of the local governing
47 authority refuses to comply with this paragraph, the aggrieved
48 school or entity has an immediate right to bring an action in
49 circuit court to enforce its rights by injunction. An aggrieved
50 party that receives injunctive relief may be awarded attorney
51 fees and court costs.
52 Section 2. This act shall take effect July 1, 2018.