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. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 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.