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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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.