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.
   30  Be It Enacted by the Legislature of the State of Florida:
   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 utilize facilities
  106  that which comply with the Florida Building Code pursuant to
  107  chapter 553 and except for the State Requirements for
  108  Educational Facilities pursuant to s. 1002.24. Conversion
  109  charter schools shall use utilize facilities 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.—
  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.