Florida Senate - 2026                                    SB 1264
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00844A-26                                          20261264__
    1                        A bill to be entitled                      
    2         An act relating to private schools; amending s.
    3         1002.42, F.S.; requiring a private school that enrolls
    4         a certain number of students to be considered a
    5         permitted use for zoning purposes; providing that
    6         certain private schools may not be subject to
    7         additional building codes; requiring a fire official
    8         to use specified firesafety evaluation systems for
    9         existing private school facilities; providing that
   10         certain private schools are subject to specified fire
   11         code requirements; requiring that a sprinkler system
   12         that meets specified requirements be installed for
   13         certain private schools; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) is added to subsection (19) of
   18  section 1002.42, Florida Statutes, to read:
   19         1002.42 Private schools.—
   20         (19) FACILITIES.—
   21         (d)1. A private school enrolling 150 or fewer students is
   22  considered a permitted use in all zoning districts, except
   23  residential districts, within a county or a municipality without
   24  rezoning or obtaining a special exception or a land use change
   25  and without complying with any mitigation requirements,
   26  conditions, performance standards, ordinances, rules, codes, or
   27  policies.
   28         2. A private school enrolling 150 or fewer students may
   29  operate in a facility that is subject to and complies with the
   30  same occupancy requirements as a class A-1, A-3, B, or M
   31  occupancy as defined by the Florida Building Code and may not be
   32  subjected to any additional state or local health, safety, or
   33  welfare laws, codes, or rules beyond those applicable to a class
   34  A-1, A-3, B, or M occupancy facility.
   35         3. The local fire official shall use the firesafety
   36  evaluation systems found in NFPA 101A: Guide on Alternative
   37  Approaches to Life Safety for existing facilities as low cost,
   38  reasonable alternatives to firesafety evaluation system
   39  standards.
   40         4. A private school enrolling 150 or fewer students opening
   41  inside, or moving operations to, an existing assembly, day care,
   42  mercantile, or business occupancy, as defined by the Florida
   43  Fire Prevention Code, must meet standards for existing
   44  educational occupancy requirements under chapter 15 of the
   45  Florida Fire Prevention Code for automatic sprinkler, detection,
   46  alarm, and communications systems and requirements for hazardous
   47  areas, except that an automatic sprinkler system must be
   48  provided for educational occupancies as follows:
   49         a. Throughout all Group E fire areas greater than 12,000
   50  square feet, as defined by the International Building Code.
   51         b. Throughout every portion of educational buildings below
   52  the level of exit discharge.
   53         c. An automatic sprinkler system is not required in any
   54  fire area or area below the level of exit discharge where every
   55  classroom throughout the building has at least one exterior exit
   56  door at ground level without intervening corridors, passageways,
   57  interior exit stairways or ramps, or exit passageways.
   58         Section 2. This act shall take effect July 1, 2026.