Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 218
       
       
       
       
       
       
                                Ì668898|Î668898                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/25/2026           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Gaetz) recommended the following:
       
    1         Senate Amendment to Amendment (103578) (with title
    2  amendment)
    3  
    4         Before line 5
    5  insert:
    6         Section 1. Subsection (19) of section 1002.42, Florida
    7  Statutes, is amended to read:
    8         1002.42 Private schools.—
    9         (19) FACILITIES AND LAND USE.—
   10         (a) A private school may use facilities on property owned
   11  or leased by a library, community service organization, museum,
   12  performing arts venue, theater, cinema, or church facility under
   13  s. 170.201, which is or was actively used as such within 5 years
   14  of any executed agreement with a private school to use the
   15  facilities; any facility or land owned by a Florida College
   16  System institution or university; any similar public
   17  institutional facilities; and any facility recently used to
   18  house a school or child care facility licensed under s. 402.305,
   19  under any such facility’s preexisting zoning and land use
   20  designations without rezoning or obtaining a special exception
   21  or a land use change, and without complying with any mitigation
   22  requirements or conditions. The facility must be located on
   23  property used solely for purposes described in this paragraph,
   24  and must meet applicable state and local health, safety, and
   25  welfare laws, codes, and rules, including firesafety and
   26  building safety.
   27         (b) A private school may use facilities on property
   28  purchased from a library, community service organization,
   29  museum, performing arts venue, theater, cinema, or church
   30  facility under s. 170.201, which is actively or was actively
   31  used as such within 5 years of any executed agreement with a
   32  private school to purchase the facilities; any facility or land
   33  owned by a Florida College System institution or university; any
   34  similar public institutional facilities; and any facility
   35  recently used to house a school or child care facility licensed
   36  under s. 402.305, under any such facility’s preexisting zoning
   37  and land use designations without obtaining a special exception,
   38  rezoning, or a land use change, and without complying with any
   39  mitigation requirements or conditions. The facility must be
   40  located on property used solely for purposes described in this
   41  paragraph, and must meet applicable state and local health,
   42  safety, and welfare laws, codes, and rules, including firesafety
   43  and building safety.
   44         (c) A private school located in a county with four
   45  incorporated municipalities may construct new facilities, which
   46  may be temporary or permanent, on property purchased from or
   47  owned or leased by a library, community service organization,
   48  museum, performing arts venue, theater, cinema, or church under
   49  s. 170.201, which is or was actively used as such within 5 years
   50  of any executed agreement with a private school; any land owned
   51  by a Florida College System institution or state university; and
   52  any land recently used to house a school or child care facility
   53  licensed under s. 402.305, under its preexisting zoning and land
   54  use designations without rezoning or obtaining a special
   55  exception or a land use change, and without complying with any
   56  mitigation requirements or conditions. Any new facility must be
   57  located on property used solely for purposes described in this
   58  paragraph, and must meet applicable state and local health,
   59  safety, and welfare laws, codes, and rules, including firesafety
   60  and building safety.
   61         (d) A private school enrolling 150 or fewer students shall
   62  be considered a permitted use in a commercial or mixed-use
   63  zoning district within a county or municipality without rezoning
   64  or obtaining a special exception or a land use change, and
   65  without complying with any mitigation requirement, condition,
   66  performance standard, ordinance, rule, code, or policy.
   67         (e) Notwithstanding any other provision of law, a private
   68  school enrolling 150 or fewer students may operate in a facility
   69  that is an existing assembly, day care, mercantile, or business
   70  occupancy, as defined in the Florida Fire Prevention Code. A
   71  private school operating in such a facility must meet the
   72  standards for existing educational occupancy requirements under
   73  the Florida Fire Prevention Code, adopted by the State Fire
   74  Marshal. Completion of the fire safety evaluation system for
   75  educational occupancies in NFPA 101A: Guide on Alternative
   76  Approaches to Life Safety, adopted by the State Fire Marshal, by
   77  a registered design professional licensed under chapter 471 or
   78  chapter 481, with a determination of achieving at a minimum an
   79  “at least equivalent” conclusion, is considered evidence of
   80  compliance with the Florida Fire Prevention Code. The State Fire
   81  Marshal may adopt rules to implement this paragraph.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete line 24
   86  and insert:
   87         An act relating to land use regulations; amending s.
   88         1002.42, F.S.; providing that certain private schools
   89         are considered a permitted use in certain zoning
   90         districts; authorizing certain private schools to
   91         operate in facilities that meet specified
   92         requirements; requiring certain private schools
   93         operating in such facilities to meet specified Florida
   94         Fire Prevention Code standards; providing that
   95         completion of a specified evaluation system with
   96         certain ratings by specified persons constitutes
   97         evidence of compliance with the Florida Fire
   98         Prevention Code for such private schools; authorizing
   99         the State Fire Marshal to adopt rules; defining the