Florida Senate - 2019 SB 586 By Senator Cruz 18-00866A-19 2019586__ 1 A bill to be entitled 2 An act relating to structurally sound and accessible 3 school facilities; creating s. 1002.24, F.S.; 4 providing legislative intent; defining terms; 5 providing that all students have certain rights 6 relating to attending schools that meet specific 7 standards; providing construction; requiring that 8 certain new school facilities be constructed in 9 compliance with public shelter design criteria; 10 requiring each district school board, the governing 11 authority of each state scholarship-participating 12 private school, and the governing authority of any 13 school not owned by a board to implement certain 14 procedures; providing for duties of existing state 15 scholarship-participating private schools and certain 16 startup charter schools; providing for duties of the 17 Department of Education; providing for rulemaking; 18 providing for preemption of the State Requirements for 19 Educational Facilities and the Florida Building Code; 20 amending s. 1002.33, F.S.; requiring a startup charter 21 school to use facilities that comply with the State 22 Requirements for Educational Facilities; amending s. 23 1002.42, F.S.; requiring the governing authority of a 24 state scholarship-participating private school to 25 require that any new construction, remodeling, or 26 renovation of school facilities comply with the 27 Florida Building Code and the State Requirements for 28 Educational Facilities; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 1002.24, Florida Statutes, is created to 33 read: 34 1002.24 Students’ Bill of Rights.— 35 (1) It is the intent of the Legislature that students 36 attending public schools or state scholarship-participating 37 private schools enjoy the same basic protections to ensure their 38 ability to learn. 39 (2) As used in this section, the term “board” has the same 40 meaning as in the State Requirements for Educational Facilities 41 (SREF) of the Florida Building Code adopted pursuant to s. 42 1013.37. 43 (3) As used in this section, the term “state scholarship 44 participating private schools” means private schools 45 participating in a state scholarship program under this chapter 46 or any other similar program. 47 (4) Each student is afforded the rights and privileges 48 specified in this section. Each student has the right to: 49 (a) Attend a school that is a structurally sound and 50 accessible facility for learning. 51 (b) Attend a school that meets firesafety and sanitation 52 standards and conducts annual inspections in accordance with the 53 SREF. 54 (c) Attend a school that provides a secure learning 55 environment in new, renovated, or remodeled facilities that 56 reflect the strategies approved for safe school design under the 57 SREF. 58 (d) Attend a school that is designed and constructed to 59 minimize the impact of a hurricane or other natural disaster and 60 built in accordance with the public shelter design criteria of 61 the Florida Building Code. 62 (e) Attend a school that meets at least the minimum 63 casualty safety and sanitation requirements specified in the 64 SREF for sites; concrete; masonry; metals; wood; insulation and 65 moisture protection; doors and windows; finishes; specialties; 66 equipment; furnishings; special construction; relocatable 67 buildings; conveying, mechanical, and electrical systems; and 68 HVAC services. 69 (5) The rights granted under this section are not exclusive 70 to other rights, and a student does not forfeit any rights 71 otherwise held under federal, state, or local law. 72 (6) The new construction of any school facility located 73 outside of a Category A, Category B, or Category C evacuation 74 zone, as specified in the Statewide Emergency Shelter Plan 75 published by the Division of Emergency Management, must comply 76 with the public shelter design criteria adopted under the 77 Florida Building Code. 78 (7) Each district school board and the governing authority 79 of each state scholarship-participating private school and any 80 school not owned by a board shall adopt procedures to comply 81 with this section. 82 (8) State scholarship-participating private schools and 83 startup charter schools not operating on school district 84 property, any of which are existing before June 1, 2022, shall 85 comply with this section, and, by June 1, 2023, the department 86 shall verify whether such schools are in compliance. 87 (9) The department shall establish a verification process 88 for state scholarship-participating private schools and startup 89 charter schools that are newly constructed after June 1, 2023, 90 or that have undergone remodeling or renovation since their 91 previous verification. The verifications performed under this 92 subsection must be completed by June 1 of each year following 93 such new construction, remodeling, or renovation. 94 (10) The results of the verification process under this 95 section must be published on the department’s website prior to 96 each school year, but no later than August 1. 97 (11) The State Board of Education may adopt rules pursuant 98 to ss. 120.536 and 120.54 to implement this section. 99 (12) This section preempts any provision of the SREF or the 100 Florida Building Code which is inconsistent with this section. 101 Section 2. Paragraph (a) of subsection (18) of section 102 1002.33, Florida Statutes, is amended to read: 103 1002.33 Charter schools.— 104 (18) FACILITIES.— 105 (a) A startup charter school shall use
utilizefacilities 106 that whichcomply with the Florida Building Code pursuant to 107 chapter 553 and except forthe State Requirements for 108 Educational Facilities pursuant to s. 1002.24. Conversion 109 charter schools shall use utilizefacilities that comply with 110 the State Requirements for Educational Facilities, provided that 111 the school district and the charter school have entered into a 112 mutual management plan for the reasonable maintenance of such 113 facilities. The mutual management plan shall contain a provision 114 by which the district school board agrees to maintain charter 115 school facilities in the same manner as its other public schools 116 within the district. Charter schools, with the exception of 117 conversion charter schools, are not required to comply, but may 118 choose to comply, with the State Requirements for Educational 119 Facilities of the Florida Building Code adopted pursuant to s. 120 1013.37. The local governing authority shall not adopt or impose 121 any local building requirements or site-development 122 restrictions, such as parking and site-size criteria, student 123 enrollment, and occupant load, that are addressed by and more 124 stringent than those found in the State Requirements for 125 Educational Facilities of the Florida Building Code. A local 126 governing authority must treat charter schools equitably in 127 comparison to similar requirements, restrictions, and site 128 planning processes imposed upon public schools that are not 129 charter schools. The agency having jurisdiction for inspection 130 of a facility and issuance of a certificate of occupancy or use 131 shall be the local municipality or, if in an unincorporated 132 area, the county governing authority. If an official or employee 133 of the local governing authority refuses to comply with this 134 paragraph, the aggrieved school or entity has an immediate right 135 to bring an action in circuit court to enforce its rights by 136 injunction. An aggrieved party that receives injunctive relief 137 may be awarded attorney fees and court costs. 138 Section 3. Subsection (18) is added to section 1002.42, 139 Florida Statutes, to read: 140 1002.42 Private schools.— 141 (18) STRUCTURALLY SOUND AND ACCESSIBLE SCHOOL FACILITIES. 142 The governing authority of each state scholarship-participating 143 private school, as defined in s. 1002.24(3), shall require any 144 new construction, remodeling, or renovation of school facilities 145 to comply with the Florida Building Code pursuant to chapter 553 146 and the State Requirements for Educational Facilities pursuant 147 to s. 1002.24. 148 Section 4. This act shall take effect July 1, 2019.