Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 7036
Ì656962EÎ656962
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Jones) recommended the following:
1 Senate Amendment to Amendment (515704) (with title
2 amendment)
3
4 Delete lines 211 - 251
5 and insert:
6 Section 5. Subsections (17) and (19) of section 1002.42,
7 Florida Statutes, are amended to read:
8 1002.42 Private schools.—
9 (17) EPINEPHRINE SUPPLY.—
10 (a) A private school may purchase a supply of United States
11 Food and Drug Administration (FDA)-approved epinephrine delivery
12 devices auto-injectors from a wholesale distributor as defined
13 in s. 499.003 or may enter into an arrangement with a wholesale
14 distributor or manufacturer as defined in s. 499.003 for the
15 FDA-approved epinephrine delivery devices auto-injectors at
16 fair-market, free, or reduced prices for use in the event a
17 student has an anaphylactic reaction. The FDA-approved
18 epinephrine delivery devices auto-injectors must be maintained
19 in a secure location on the private school’s premises. The
20 participating private school shall adopt a protocol developed by
21 a licensed physician for the administration by private school
22 personnel who are trained to recognize an anaphylactic reaction
23 and to administer epinephrine by an FDA-approved epinephrine
24 delivery device auto-injection. The supply of FDA-approved
25 epinephrine delivery devices auto-injectors may be provided to
26 and used by a student authorized to self-administer epinephrine
27 by an FDA-approved delivery device auto-injector under s.
28 1002.20(3)(i) or trained school personnel.
29 (b) The private school and its employees, agents, and the
30 physician who provides the standing protocol for school FDA
31 approved epinephrine delivery devices auto-injectors are not
32 liable for any injury arising from the use of an FDA-approved
33 epinephrine delivery device auto-injector administered by
34 trained school personnel who follow the adopted protocol and
35 whose professional opinion is that the student is having an
36 anaphylactic reaction:
37 1. Unless the trained school personnel’s action is willful
38 and wanton;
39 2. Notwithstanding that the parents or guardians of the
40 student to whom the epinephrine is administered have not been
41 provided notice or have not signed a statement acknowledging
42 that the school district is not liable; and
43 3. Regardless of whether authorization has been given by
44 the student’s parents or guardians or by the student’s
45 physician, physician assistant, or advanced practice registered
46 nurse.
47 (19) FACILITIES AND LAND USE.—
48 (a) A private school may use facilities on property owned
49 or leased by a library, community service organization, museum,
50 performing arts venue, theater, cinema, or church facility under
51 s. 170.201, which is or was actively used as such within 5 years
52 of any executed agreement with a private school to use the
53 facilities; any facility or land owned by a Florida College
54 System institution or university; any similar public
55 institutional facilities; and any facility recently used to
56 house a school or child care facility licensed under s. 402.305,
57 under any such facility’s preexisting zoning and land use
58 designations without rezoning or obtaining a special exception
59 or a land use change, and without complying with any mitigation
60 requirements or conditions. The facility must be located on
61 property used solely for purposes described in this paragraph,
62 and must meet applicable state and local health, safety, and
63 welfare laws, codes, and rules, including firesafety and
64 building safety.
65 (b) A private school may use facilities on property
66 purchased from a library, community service organization,
67 museum, performing arts venue, theater, cinema, or church
68 facility under s. 170.201, which is actively or was actively
69 used as such within 5 years of any executed agreement with a
70 private school to purchase the facilities; any facility or land
71 owned by a Florida College System institution or university; any
72 similar public institutional facilities; and any facility
73 recently used to house a school or child care facility licensed
74 under s. 402.305, under any such facility’s preexisting zoning
75 and land use designations without obtaining a special exception,
76 rezoning, or a land use change, and without complying with any
77 mitigation requirements or conditions. The facility must be
78 located on property used solely for purposes described in this
79 paragraph, and must meet applicable state and local health,
80 safety, and welfare laws, codes, and rules, including firesafety
81 and building safety.
82 (c) A private school located in a county with four
83 incorporated municipalities may construct new facilities, which
84 may be temporary or permanent, on property purchased from or
85 owned or leased by a library, community service organization,
86 museum, performing arts venue, theater, cinema, or church under
87 s. 170.201, which is or was actively used as such within 5 years
88 of any executed agreement with a private school; any land owned
89 by a Florida College System institution or state university; and
90 any land recently used to house a school or child care facility
91 licensed under s. 402.305, under its preexisting zoning and land
92 use designations without rezoning or obtaining a special
93 exception or a land use change, and without complying with any
94 mitigation requirements or conditions. Any new facility must be
95 located on property used solely for purposes described in this
96 paragraph, and must meet applicable state and local health,
97 safety, and welfare laws, codes, and rules, including firesafety
98 and building safety.
99 (d) A private school enrolling 150 or fewer students, or
100 located within the unincorporated area of a county as defined in
101 s. 125.011, shall be considered a permitted use and occupancy in
102 a commercial or mixed-use zoning district within a county or
103 municipality without rezoning or obtaining a special exception
104 or a land use change, and without complying with any mitigation
105 requirements, conditions, performance standards, ordinances,
106 rules, codes, or policies, except that a county or municipality
107 may require proportionate mitigation measures necessary to
108 mitigate vehicular traffic and pedestrian safety.
109 1. The vehicular traffic and pedestrian safety mitigation
110 measures required by a county or municipality pursuant to this
111 sub-section shall be limited to those impacts reasonably and
112 directly attributable to the operation of the private school at
113 the site and shall be no greater in cost or scope than what is
114 required of all other uses, education or otherwise, within the
115 same zoning district.
116 2. The private school subject to vehicular traffic and
117 pedestrian safety mitigation measures may, in lieu of complying
118 with such mitigation measures, provide a traffic study that
119 demonstrates the school will not have disproportionate impact on
120 vehicular traffic or pedestrian safety compared to other
121 allowable uses within the same zoning district.
122 3. If a local governing authority fails to comply with this
123 subsection, the aggrieved school or entity has an immediate
124 right to bring an action in circuit court for injunctive relief.
125 (e) Notwithstanding any other provision of law, a private
126 school enrolling 150 or fewer students may operate in a facility
127 that is an existing assembly, day care, mercantile, or business
128 occupancy, as defined in the Florida Fire Prevention Code. A
129 private school operating in such a facility must meet the
130 standards for existing educational occupancy requirements under
131 the Florida Fire Prevention Code, adopted by the State Fire
132 Marshal. Completion of the fire safety evaluation system for
133 educational occupancies in NFPA 101A: Guide on Alternative
134 Approaches to Life Safety, adopted by the State Fire Marshal, by
135 a registered design professional licensed under chapter 471 or
136 chapter 481, with a determination of achieving at a minimum an
137 “at least equivalent” conclusion, shall be considered evidence
138 of compliance with the Florida Fire Prevention Code. The State
139 Fire Marshal may adopt rules to implement this paragraph.
140 Section 6. Subsection (2) of section 1002.67, Florida
141 Statutes, is amended to read:
142 1002.67 Performance standards and curricula.—
143 (2)(a) Each private prekindergarten provider and public
144 school may select or design the curriculum that the provider or
145 school uses to implement the Voluntary Prekindergarten Education
146 (VPK) Program, except as otherwise required for a provider or
147 school that fails to meet the minimum performance metric score
148 or designation change-in-ability established pursuant to s.
149 1002.68.
150 (b) Each private prekindergarten provider’s and public
151 school’s curriculum must be developmentally appropriate and
152 must:
153 1. Be designed to prepare a student for early literacy and
154 provide for instruction in early math skills;
155 2. Develop students’ background knowledge through a
156 content-rich and sequential knowledge building early literacy
157 curriculum;
158 3. Enhance the age-appropriate progress of students in
159 attaining the performance standards adopted by the department
160 under subsection (1); and
161 4. Support student learning gains through differentiated
162 instruction that shall be measured by the coordinated screening
163 and progress monitoring program under s. 1008.25(9).
164 (c) The department shall adopt procedures for the review
165 and approval of curricula for use by private prekindergarten
166 providers and public schools that fail to meet the minimum
167 performance metric score or designation change-in-ability scores
168 established pursuant to s. 1002.68. The department shall
169 administer the review and approval process and maintain a list
170 of the curricula approved under this paragraph and available for
171 purchase. Each approved curriculum must meet the requirements of
172 paragraph (b). The review and approval process must include
173 curricula that are available for purchase and proprietary
174 curricula that are not available for purchase.
175 (d) The department shall review and may approve a
176 curriculum that is proprietary or available for purchase outside
177 of the established review and approval process in paragraph (c).
178 The curriculum must be used by a private provider or public
179 school district that operates a VPK program in more than five
180 distinct locations. Any curriculum approved under this paragraph
181 must meet the requirements of paragraph (b). Any curriculum
182 approved under this paragraph which is available for purchase
183 must be included on the list under paragraph (c). Within 60 days
184 after receipt of the request, the department shall review and
185 either approve or deny the submitted curricula and all
186 associated materials. A request may not be submitted under this
187 paragraph within 120 days before the opening of the regular
188 review process described in paragraph (c).
189
190 ================= T I T L E A M E N D M E N T ================
191 And the title is amended as follows:
192 Delete line 1584
193 and insert:
194 auto-injectors; making conforming changes; providing
195 that certain private schools are considered a
196 permitted use in certain zoning districts; authorizing
197 certain private schools to operate in facilities that
198 meet specified requirements; providing exceptions;
199 requiring certain private schools operating in such
200 facilities to meet specified Florida Fire Prevention
201 Code standards; providing that completion of a
202 specified evaluation system with certain ratings by
203 specified persons constitutes evidence of compliance
204 with the Florida Fire Prevention Code for such private
205 schools; authorizing the State Fire Marshal to adopt
206 rules; amending s. 1002.67, F.S.; revising limitations
207 on curriculum selection for Voluntary Prekindergarten
208 Education Program providers and public schools that
209 fail to meet minimum performance metrics or
210 designations; revising Department of Education
211 requirements for review and approval of certain
212 curricula; requiring that the review and approval
213 process include curricula available for purchase and
214 proprietary curricula not available for purchase;
215 authorizing the department to approve certain
216 curricula outside of the established review and
217 approval process for specified multi-site providers or
218 school districts; providing requirements for approved
219 curricula; requiring the department to approve or deny
220 a request within a specified timeframe; providing a
221 submission limitation; amending s.