HB 569 — Construction and Facilities

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 569 2025 A bill to be entitled An act relating to construction and facilities;

exemptingproviding specifiedthat a charter school is public facilitiesfacility fromfor the purpose of concurrency;

providing requirements for the location of such schools;

prohibiting local governing authorities from imposing or enforcing certain vehicular stacking ordinances or regulations against specified schools during certain hours;

prohibiting local governing authorities from requiring a charter school to obtain certain exemptions or approvals under the land development code for specified purposes relating to allowable uses;

SectionPage 1.1 of 6 CODING:

Paragraph (c) is added to subsection (1) of section 163.3180, Florida Statutes, to read:

163.3180 Concurrency.— (1) Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency requirement on a statewide basis.

Additional public Page 1 of 5 CODING:

hb569-00hb569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 569 2025 facilitiesSection and1. services may not be made subject to concurrency on a statewide basis without approval by the Legislature;

however,Subsection any(4) localof governmentsection may163.3180, extendFlorida theStatutes, concurrencyis requirementamended so that it applies to additionalread: public facilities within its jurisdiction.

(c)163.3180 NotwithstandingConcurrency.— any(4) The concurrency requirement as implemented in local comprehensive plans applies to state and other provisionpublic offacilities lawand development to the contrary,same constructionextent projectsthat ofit publicapplies facilities,to all other facilities and development, as definedprovided inby s.law.

163.3164,For thatpurposes are necessary to ensure the protection of thethis health,subsection, safety,a andcharter generalschool welfare,is includingconsidered a public schools,facility. shall be exempt from concurrency.

Because charter schools are a part of concurrency and serve a public good, local governments are authorized to grant special variances for the opening of a charter school in a manner consistent with traditional public schools.

ParagraphSubsection (c) is added to subsection (5) of section 163.31801, Florida Statutes, is amended to read:

challenges.— (5)(5)(a) (c) Notwithstanding any othercharter provisionprovision, ofcomprehensive lawplan topolicy, theordinance, contrary,development iforder, adevelopment permit, or resolution, the local government or special district chargesthat andrequires collectsany animprovement educationor contribution must credit against the collection of the impact fee,fee aany developercontribution, maywhether contractidentified within a schooldevelopment districtorder, proportionate share agreement, or charterany schoolform toof provideexaction anrelated improvementto public facilities or contribution,infrastructure, including monetary contributions, land dedications,dedication, site planning and design, or construction,construction. and Page 2 of 5 CODING:

Any contribution must be applied on a dollar-for- dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities Page 2 of 6 CODING:

hb569-00hb569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 569 2025 shallor beinfrastructure creditedfor againstwhich the collectioncontribution ofwas themade. education impact fee on a dollar-for-dollar basis at fair market value.

(b) Notwithstanding any other provision of law to the contrary, if a local government or special district charges and collects an education impact fee, a developer may contract with a school district or charter school to provide an improvement or contribution, including monetary contributions, land dedications, site planning and design, or construction, and shall be credited against the collection of the education impact fee on a dollar-for-dollar basis at fair market value.

(c)(b) If a local government or special district does not charge and collect an impact fee for the general category or class of public facilities or infrastructure contributed, a credit may not be applied under paragraph (a).

316.18941 Vehicular stacking during school hours.— Notwithstanding any other provision of law to the contrary, local governing authorities may not impose or enforce any vehicular stacking ordinance or regulation against any public school or private school during adopted school hours, including during student drop-off and pick-up hours, if such ordinance or regulation would limit enrollment.

SectionPage 4.3 of 6 CODING:

Paragraph (a) of subsection (18) of section 1002.33, Florida Statutes, is amended to read:

1002.33 Charter schools.— (18) FACILITIES.— (a) A startup charter school shall utilize facilities which comply with the Florida Building Code pursuant to chapter 553 except for the State Requirements for Educational Facilities.

Conversion charter schools shall utilize facilities that comply with the State Requirements for Educational Facilities provided that the school district and the charter school have entered into a mutual management plan for the Page 3 of 5 CODING:

hb569-00hb569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 569 2025 reasonableSection maintenance4. of such facilities.

Paragraphs (a) and (c) of subsection (18) of section 1002.33, Florida Statutes, are amended to read:

1002.33 Charter schools.— (18) FACILITIES.— (a) A startup charter school shall utilize facilities which comply with the Florida Building Code pursuant to chapter 553 except for the State Requirements for Educational Facilities.

Conversion charter schools shall utilize facilities that comply with the State Requirements for Educational Facilities provided that the school district and the charter school have entered into a mutual management plan for the reasonable maintenance of such facilities.

The local governing authority shall not adopt, or impose, or enforce any local building requirements or site-development restrictions that impact, such as parking and site-size criteria, student enrollment and capacity, and occupant load, and that are addressed by and more stringent than those found in the State Requirements for Educational Facilities of the Florida Building CodePage and4 theof Florida6 FireCODING: Prevention Code.

A local governing authority may not require a proposed charter school to obtain a special exemption or conditional use approval in order for the charter school to be an allowable use under the local governing authority's land development code.

A local governing authority must treat charter schools equitably in comparison to similar requirements, restrictions, and site planning processes imposed upon public schools that are not charter schools, including such provisions that are established by interlocal agreement.

An interlocal agreement entered into by a school district for the development of only its own schools, including provisions Page 4 of 5 CODING:

hb569-00hb569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 569 2025 relatingCode. to the extension of infrastructure, may be used by charter schools.

A local governing authority must treat charter schools equitably in comparison to similar requirements, restrictions, and site planning processes imposed upon public schools that are not charter schools, including such provisions that are established by interlocal agreement.

An interlocal agreement entered into by a school district for the development of only its own schools, including provisions relating to the extension of infrastructure, may be used by charter schools.

(c) Any facility, or portion thereof, used to house a charter school whose charter has been approved by the sponsor and the governing board, pursuant to subsection (7), is exempt Page 5 of 6 CODING:

Words stricken are deletions;

words underlined are additions.

hb569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 569 2025 from ad valorem taxes pursuant to s.