Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 1702 Ì313094(Î313094 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/31/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education Pre-K - 12 (Burgess) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (c) is added to subsection (19) of 6 section 1002.42, Florida Statutes, to read: 7 1002.42 Private schools.— 8 (19) FACILITIES.— 9 (c) A private school located in a county with four 10 incorporated municipalities may construct new facilities, which 11 may be temporary or permanent, on property purchased from or 12 owned or leased by a library, community service organization, 13 museum, performing arts venue, theater, cinema, or church under 14 s. 170.201, which is or was actively used as such within 5 years 15 of any executed agreement with a private school; any land owned 16 by a Florida College System institution or university; and any 17 land recently used to house a school or child care facility 18 licensed under s. 402.305, under its preexisting zoning and land 19 use designations without rezoning or obtaining a special 20 exception or a land use change, and without complying with any 21 mitigation requirements or conditions. Any new facility must be 22 located on property used solely for purposes described in this 23 paragraph, and must meet applicable state and local health, 24 safety, and welfare laws, codes, and rules, including firesafety 25 and building safety. 26 Section 2. Paragraph (b) of subsection (5) of section 27 1002.33, Florida Statutes, is amended to read: 28 1002.33 Charter schools.— 29 (5) SPONSOR; DUTIES.— 30 (b) Sponsor duties.— 31 1.a. The sponsor shall monitor and review the charter 32 school, using the standard monitoring tool, in its progress 33 toward the goals established in the charter. 34 b. The sponsor shall monitor the revenues and expenditures 35 of the charter school and perform the duties provided in s. 36 1002.345. 37 c. The sponsor may approve a charter for a charter school 38 before the applicant has identified space, equipment, or 39 personnel, if the applicant indicates approval is necessary for 40 it to raise working funds. 41 d. The sponsor may not apply its policies to a charter 42 school unless mutually agreed to by both the sponsor and the 43 charter school. If the sponsor subsequently amends any agreed 44 upon sponsor policy, the version of the policy in effect at the 45 time of the execution of the charter, or any subsequent 46 modification thereof, shall remain in effect and the sponsor may 47 not hold the charter school responsible for any provision of a 48 newly revised policy until the revised policy is mutually agreed 49 upon. 50 e. The sponsor shall ensure that the charter is innovative 51 and consistent with the state education goals established by s. 52 1000.03(5). 53 f. The sponsor shall ensure that the charter school 54 participates in the state’s education accountability system. If 55 a charter school falls short of performance measures included in 56 the approved charter, the sponsor shall report such shortcomings 57 to the Department of Education. 58 g. The sponsor is not liable for civil damages under state 59 law for personal injury, property damage, or death resulting 60 from an act or omission of an officer, employee, agent, or 61 governing body of the charter school. 62 h. The sponsor is not liable for civil damages under state 63 law for any employment actions taken by an officer, employee, 64 agent, or governing body of the charter school. 65 i. The sponsor’s duties to monitor the charter school do 66 not constitute the basis for a private cause of action. 67 j. The sponsor may not impose additional reporting 68 requirements on a charter school as long as the charter school 69 has not been identified as having a deteriorating financial 70 condition or financial emergency pursuant to s. 1002.345. 71 k. The sponsor shall submit an annual report to the 72 Department of Education in a web-based format to be determined 73 by the department. 74 (I) The report shall include the following information: 75 (A) The number of applications received during the school 76 year and up to August 1 and each applicant’s contact 77 information. 78 (B) The date each application was approved, denied, or 79 withdrawn. 80 (C) The date each final contract was executed. 81 (II) Annually, by November 1, the sponsor shall submit to 82 the department the information for the applications submitted 83 the previous year. 84 (III) The department shall compile an annual report, by 85 sponsor, and post the report on its website by January 15 of 86 each year. 87 2. Immunity for the sponsor of a charter school under 88 subparagraph 1. applies only with respect to acts or omissions 89 not under the sponsor’s direct authority as described in this 90 section. 91 3. This paragraph does not waive a sponsor’s sovereign 92 immunity. 93 4. A Florida College System institution may work with the 94 school district or school districts in its designated service 95 area to develop charter schools that offer secondary education. 96 These charter schools must include an option for students to 97 receive an associate degree upon high school graduation. If a 98 Florida College System institution operates an approved teacher 99 preparation program under s. 1004.04 or s. 1004.85, the 100 institution may operate charter schools that serve students in 101 kindergarten through grade 12 in any school district within the 102 service area of the institution. District school boards shall 103 cooperate with and assist the Florida College System institution 104 on the charter application. Florida College System institution 105 applications for charter schools are not subject to the time 106 deadlines outlined in subsection (6) and may be approved by the 107 district school board at any time during the year. Florida 108 College System institutions may not report FTE for any students 109 participating under this subparagraph who receive FTE funding 110 through the Florida Education Finance Program. 111 5. For purposes of assisting the development of a charter 112 school, a school district may enter into nonexclusive interlocal 113 agreements with federal and state agencies, counties, 114 municipalities, and other governmental entities that operate 115 within the geographical borders of the school district to act on 116 behalf of such governmental entities in the inspection, 117 issuance, and other necessary activities for all necessary 118 permits, licenses, and other permissions that a charter school 119 needs in order for development, construction, or operation. A 120 charter school may use, but may not be required to use, a school 121 district for these services. The interlocal agreement must 122 include, but need not be limited to, the identification of fees 123 that charter schools will be charged for such services. The fees 124 must consist of the governmental entity’s fees plus a fee for 125 the school district to recover no more than actual costs for 126 providing such services. These services and fees are not 127 included within the services to be provided pursuant to 128 subsection (20). Notwithstanding any other provision of law, an 129 interlocal agreement or ordinance that imposes a greater 130 regulatory burden on charter schools than school districts or 131 that prohibits or limits the creation of a charter school is 132 void and unenforceable. An interlocal agreement entered into by 133 a school district for the development of only its own schools, 134 including provisions relating to the extension of 135 infrastructure, may be used by charter schools. 136 6. The board of trustees of a sponsoring state university 137 or Florida College System institution under paragraph (a) is the 138 local educational agency for all charter schools it sponsors for 139 purposes of receiving federal funds and accepts full 140 responsibility for all local educational agency requirements and 141 the schools for which it will perform local educational agency 142 responsibilities. A student enrolled in a charter school that is 143 sponsored by a state university or Florida College System 144 institution may not be included in the calculation of the school 145 district’s grade under s. 1008.34(5) for the school district in 146 which he or she resides. 147 Section 3. Subsection (17) of section 1002.84, Florida 148 Statutes, is amended to read: 149 1002.84 Early learning coalitions; school readiness powers 150 and duties.—Each early learning coalition shall: 151 (17)(a) Distribute the school readiness program funds as 152 allocated in the General Appropriations Act to each eligible 153 provider based upon the reimbursement rate by county, by 154 provider type, and by care level. All instructions to early 155 learning coalitions for distributing the school readiness 156 program funds to eligible providers shall emanate from the 157 department in accordance with the policies of the Legislature. 158 (b) All provider reimbursement rates shall be charged as 159 direct services pursuant to s. 1002.89. 160 161 Each early learning coalition and the Redlands Christian Migrant 162 Association with approved prior year provider reimbursement 163 rates for the infant to age 5 care levels that are higher than 164 the provider reimbursement rates established in this subsection 165 may continue to implement theiritsapproved prior year provider 166 reimbursement rates until the rates established in this 167 subsection exceed its prior year rates. 168 Section 4. Paragraph (f) of subsection (3) of section 169 1003.4282, Florida Statutes, is amended to read: 170 1003.4282 Requirements for a standard high school diploma.— 171 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT 172 REQUIREMENTS.— 173 (f) One credit in physical education.—Physical education 174 must include the integration of health. Participation in an 175 interscholastic sport at the junior varsity or varsity level for 176 two full seasons shall satisfy the one-credit requirement in 177 physical education. A district school board may not require that 178 the one credit in physical education be taken during the 9th 179 grade year. Completion of 2 years of marching band shall satisfy 180 the one-credit requirement in physical education or the one 181 credit requirement in performing arts. This credit may not be 182 used to satisfy the personal fitness requirement or the 183 requirement for adaptive physical education under an individual 184 education plan (IEP) or 504 plan. Completion of one semester 185 with a grade of “C” or better in a marching band class, in a 186 physical activity class that requires participation in marching 187 band activities as an extracurricular activity, or in a dance 188 class shall satisfy one-half credit in physical education or 189 one-half credit in performing arts. This credit may not be used 190 to satisfy the personal fitness requirement or the requirement 191 for adaptive physical education under an IEPindividual192education plan (IEP)or 504 plan. Completion of 2 years in a 193 Reserve Officer Training Corps (R.O.T.C.) class, a significant 194 component of which is drills, shall satisfy the one-credit 195 requirement in physical education and the one-credit requirement 196 in performing arts. This credit may not be used to satisfy the 197 personal fitness requirement or the requirement for adaptive 198 physical education under an IEP or 504 plan. 199 Section 5. Paragraph (b) of subsection (5) of section 200 1011.71, Florida Statutes, is amended to read: 201 1011.71 District school tax.— 202 (5) A school district may expend, subject to s. 200.065, up 203 to $200 per unweighted full-time equivalent student from the 204 revenue generated by the millage levy authorized by subsection 205 (2) to fund, in addition to expenditures authorized in 206 paragraphs (2)(a)-(j), expenses for the following: 207 (b) Payment of the cost of premiums, as defined in s. 208 627.403, for property and casualty insurance necessary to insure 209 school district educational and ancillary plants. As used in 210 this paragraph, casualty insurance has the same meaning as in s. 211 624.605(1)(b), (d), (f), (g), (h), and (m). Operating revenues 212 that are made available through the payment of property and 213 casualty insurance premiums from revenues generated under this 214 subsection may be expended only for nonrecurring operational 215 expenditures of the school district. 216 Section 6. This act shall take effect July 1, 2025. 217 218 ================= T I T L E A M E N D M E N T ================ 219 And the title is amended as follows: 220 Delete everything before the enacting clause 221 and insert: 222 A bill to be entitled 223 An act relating to education; amending s. 1002.42, 224 F.S.; authorizing a private school in a county that 225 meets certain criteria to construct new facilities on 226 certain property; specifying that such construction is 227 not subject to certain zoning or land use conditions; 228 requiring such construction to meet certain health and 229 safety requirements; amending s. 1002.33, F.S.; 230 requiring a charter school sponsor to use a standard 231 monitoring tool to monitor and review a charter 232 school; amending s. 1002.84, F.S.; authorizing the 233 Redlands Christian Migrant Association to use certain 234 school readiness reimbursement rates; amending s. 235 1003.4282, F.S.; specifying that certain participation 236 in marching band satisfies the physical education or 237 performing arts credit requirement for a standard high 238 school diploma; amending s. 1011.71, F.S.; authorizing 239 the use of certain school district tax revenue for 240 liability insurance; providing an effective date.