CS/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
A bill to be entitled 1
An act relating to construction and facilities; 2
amending s. 163.3180, F.S.; providing that a charter 3
school is public facility for the purpose of 4
concurrency; amending s. 163.31801, F.S.; authorizing 5
developers to provide specified improvements and 6
contributions to public schools under certain 7
circumstances; requiring developers to receive credits 8
for impact fees from such improvements and 9
contributions; providi ng requirements for the location 10
of such schools; requiring such credits to be approved 11
by local governments and special districts; creating 12
s. 316.18941, F.S.; prohibiting local governing 13
authorities from imposing or enforcing certain 14
vehicular stacking o rdinances or regulations against 15
specified schools during certain hours; amending s. 16
1002.33, F.S.; revising building requirements for 17
charter schools; prohibiting local governing 18
authorities from requiring a charter school to obtain 19
certain exemptions or approvals under the land 20
development code for specified purposes relating to 21
allowable uses; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
CS/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
Section 1. Subsection (4) of section 163.3180, Florida 26
Statutes, is amended to read: 27
163.3180 Concurrency. — 28
(4) The concurrency requirement as implemented in local 29
comprehensive plans applies to state and other public facilities 30
and development to the same extent that it applies to all other 31
facilities and developmen t, as provided by law. For purposes of 32
this subsection, a charter school is considered a public 33
facility. 34
Section 2. Subsection (5) of section 163.31801, Florida 35
Statutes, is amended to read: 36
163.31801 Impact fees; short title; intent; minimum 37
requirements; audits; challenges. — 38
(5)(a) Notwithstanding any charter provision, 39
comprehensive plan policy, ordinance, development order, 40
development permit, or resolution, the local government or 41
special district that requires any improvement or contribution 42
must credit against the collection of the impact fee any 43
contribution, whether identified in a development order, 44
proportionate share agreement, or any form of exaction related 45
to public facilities or infrastructure, including monetary 46
contributions, land dedication, site planning and design, or 47
construction. Any contribution must be applied on a dollar -for-48
dollar basis at fair market value to reduce any impact fee 49
collected for the general category or class of public facilities 50
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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
or infrastructure for which the contribution was made. 51
(b) Notwithstanding any other provision of law to the 52
contrary, if a local government or special district charges and 53
collects an education impact fee, a developer may contract with 54
a school district or charter school to provid e an improvement or 55
contribution, including monetary contributions, land 56
dedications, site planning and design, or construction, and 57
shall be credited against the collection of the education impact 58
fee on a dollar-for-dollar basis at fair market value. The 59
public school that benefits from the improvement or contribution 60
must be within a 3-mile radius of the development. Such credits 61
shall be approved by the local government or special district. 62
(c)(b) If a local government or special district does not 63
charge and collect an impact fee for the general category or 64
class of public facilities or infrastructure contributed, a 65
credit may not be applied under paragraph (a). 66
Section 3. Section 316.18941, Florida Statutes, is created 67
to read: 68
316.18941 Vehicular stacking during school hours. —69
Notwithstanding any other provision of law to the contrary, 70
local authorities may not impose or enforce any vehicular 71
stacking ordinance or regulation against any public school or 72
private school during adopted school hours , including during 73
student drop-off and pick-up hours, if such ordinance or 74
regulation would limit enrollment. 75
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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
Section 4. Paragraphs (a) and (c) of subsection (18) of 76
section 1002.33, Florida Statutes, are amended to read: 77
1002.33 Charter schools. — 78
(18) FACILITIES.— 79
(a) A startup charter school shall utilize facilities 80
which comply with the Florida Building Code pursuant to chapter 81
553 except for the State Requirements for Educational 82
Facilities. Conversion charter schools shall utilize facilities 83
that comply with the State Requirements for Educational 84
Facilities provided that the school district and the charter 85
school have entered into a mutual management plan for the 86
reasonable maintenance of such facilities. The mutual management 87
plan shall contain a provision by which the district school 88
board agrees to maintain charter school facilities in the same 89
manner as its other public schools within the district. Charter 90
schools, with the exception of conversion charter schools, are 91
not required to compl y, but may choose to comply, with the State 92
Requirements for Educational Facilities of the Florida Building 93
Code adopted pursuant to s. 1013.37. The local governing 94
authority shall not adopt , or impose, or enforce any local 95
building requirements or site -development restrictions that 96
impact, such as parking and site-size criteria, student 97
enrollment and capacity, and occupant load, and that are 98
addressed by and more stringent than those found in the State 99
Requirements for Educational Facilities of the Florid a Building 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
Code. A local governing authority must treat charter schools 101
equitably in comparison to similar requirements, restrictions, 102
and site planning processes imposed upon public schools that are 103
not charter schools, including such provisions that are 104
established by interlocal agreement. An interlocal agreement 105
entered into by a school district for the development of only 106
its own schools, including provisions relating to the extension 107
of infrastructure, may be used by charter schools. A charter 108
school may not be subject to any land use regulation requiring a 109
change to a local government comprehensive plan or requiring a 110
development order or development permit, as those terms are 111
defined in s. 163.3164, that would not be required for a public 112
school in the same location. The agency having jurisdiction for 113
inspection of a facility and issuance of a certificate of 114
occupancy or use shall be the local municipality or, if in an 115
unincorporated area, the county governing authority. If an 116
official or employee of t he local governing authority refuses to 117
comply with this paragraph, the aggrieved school or entity has 118
an immediate right to bring an action in circuit court to 119
enforce its rights by injunction. An aggrieved party that 120
receives injunctive relief may be awa rded attorney fees and 121
court costs. 122
(c) Any facility, or portion thereof, used to house a 123
charter school whose charter has been approved by the sponsor 124
and the governing board, pursuant to subsection (7), is exempt 125
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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
from ad valorem taxes pursuant to s. 19 6.1983. Notwithstanding 126
any other law, local ordinance, or regulation to the contrary, a 127
local governing authority may not require a charter school to 128
obtain a special exemption or conditional use approval in order 129
for the charter school to be an allowable use under the local 130
governing authority's land development code. Any library, 131
community service, museum, performing arts, theater, cinema, or 132
church facility; any facility or land owned by a Florida College 133
System institution or university; any similar pu blic 134
institutional facilities; and any facility recently used to 135
house a school or child care facility licensed under s. 402.305 136
may provide space to charter schools within their facilities 137
under their preexisting zoning and land use designations without 138
obtaining a special exception, rezoning, or a land use change. 139
Section 5. This act shall take effect July 1, 2025. 140