HB 569 2025
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hb569-00
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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
A bill to be entitled 1
An act relating to construction and facilities; 2
amending s. 163.3180, F.S.; exempting specified public 3
facilities from concurrency; amending s. 163.31801, 4
F.S.; authorizing developers to provide specified 5
improvements and contributions to public schools under 6
certain circumstances; requiring developers to receive 7
credits for impact fees from such improvements and 8
contributions; requiring such credits to be approve d 9
by local governments and special districts; creating 10
s. 316.18941, F.S.; prohibiting local governing 11
authorities from imposing or enforcing vehicular 12
stacking ordinances or regulations against specified 13
schools during certain hours; amending s. 1002.33, 14
F.S.; revising building requirements for charter 15
schools; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Paragraph (c) is added to subsection (1) of 20
section 163.3180, Florida Statutes, to read: 21
163.3180 Concurrency. — 22
(1) Sanitary sewer, solid waste, drainage, and potable 23
water are the only public facilities and services subject to the 24
concurrency requirement on a statewide basis. Additional public 25
HB 569 2025
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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
facilities and services may not be made subjec t to concurrency 26
on a statewide basis without approval by the Legislature; 27
however, any local government may extend the concurrency 28
requirement so that it applies to additional public facilities 29
within its jurisdiction. 30
(c) Notwithstanding any other prov ision of law to the 31
contrary, construction projects of public facilities, as defined 32
in s. 163.3164, that are necessary to ensure the protection of 33
the health, safety, and general welfare, including public 34
schools, shall be exempt from concurrency. Because charter 35
schools are a part of concurrency and serve a public good, local 36
governments are authorized to grant special variances for the 37
opening of a charter school in a manner consistent with 38
traditional public schools. 39
Section 2. Paragraph (c) is add ed to subsection (5) of 40
section 163.31801, Florida Statutes, to read: 41
163.31801 Impact fees; short title; intent; minimum 42
requirements; audits; challenges. — 43
(5) 44
(c) Notwithstanding any other provision of law to the 45
contrary, if a local government or s pecial district charges and 46
collects an education impact fee, a developer may contract with 47
a school district or charter school to provide an improvement or 48
contribution, including monetary contributions, land 49
dedications, site planning and design, or cons truction, and 50
HB 569 2025
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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
shall be credited against the collection of the education impact 51
fee on a dollar-for-dollar basis at fair market value. The 52
public school that benefits from the improvement or contribution 53
must be within a 3-mile radius of the development. Su ch credits 54
shall be approved by the local government or special district. 55
Section 3. Section 316.18941, Florida Statutes, is created 56
to read: 57
316.18941 Vehicular stacking during school hours. —58
Notwithstanding any other provision of law to the contrar y, 59
local governing authorities may not impose or enforce any 60
vehicular stacking ordinance or regulation against any public 61
school or private school during adopted school hours, including 62
during student drop-off and pick-up hours, if such ordinance or 63
regulation would limit enrollment. 64
Section 4. Paragraph (a) of subsection (18) of section 65
1002.33, Florida Statutes, is amended to read: 66
1002.33 Charter schools. — 67
(18) FACILITIES.— 68
(a) A startup charter school shall utilize facilities 69
which comply with the Florida Building Code pursuant to chapter 70
553 except for the State Requirements for Educational 71
Facilities. Conversion charter schools shall utilize facilities 72
that comply with the State Requirements for Educational 73
Facilities provided that the school district and the charter 74
school have entered into a mutual management plan for the 75
HB 569 2025
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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
reasonable maintenance of such facilities. The mutual management 76
plan shall contain a provision by w hich the district school 77
board agrees to maintain charter school facilities in the same 78
manner as its other public schools within the district. Charter 79
schools, with the exception of conversion charter schools, are 80
not required to comply, but may choose to comply, with the State 81
Requirements for Educational Facilities of the Florida Building 82
Code adopted pursuant to s. 1013.37. The local governing 83
authority shall not adopt , or impose, or enforce any local 84
building requirements or site -development restrictio ns that 85
impact, such as parking and site-size criteria, student 86
enrollment and capacity, and occupant load, and that are 87
addressed by and more stringent than those found in the State 88
Requirements for Educational Facilities of the Florida Building 89
Code and the Florida Fire Prevention Code . A local governing 90
authority may not require a proposed charter school to obtain a 91
special exemption or conditional use approval in order for the 92
charter school to be an allowable use under the local governing 93
authority's land development code. A local governing authority 94
must treat charter schools equitably in comparison to similar 95
requirements, restrictions, and site planning processes imposed 96
upon public schools that are not charter schools, including such 97
provisions that are established by interlocal agreement. An 98
interlocal agreement entered into by a school district for the 99
development of only its own schools, including provisions 100
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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
relating to the extension of infrastructure, may be used by 101
charter schools. A charter sch ool may not be subject to any land 102
use regulation requiring a change to a local government 103
comprehensive plan or requiring a development order or 104
development permit, as those terms are defined in s. 163.3164, 105
that would not be required for a public school in the same 106
location. The agency having jurisdiction for inspection of a 107
facility and issuance of a certificate of occupancy or use shall 108
be the local municipality or, if in an unincorporated area, the 109
county governing authority. If an official or employee of the 110
local governing authority refuses to comply with this paragraph, 111
the aggrieved school or entity has an immediate right to bring 112
an action in circuit court to enforce its rights by injunction. 113
An aggrieved party that receives injunctive relief may b e 114
awarded attorney fees and court costs. 115
Section 5. This act shall take effect July 1, 2025. 116