Florida Senate - 2025 SB 1188 By Senator McClain 9-01175-25 20251188__ 1 A bill to be entitled 2 An act relating to local governing authorities; 3 amending s. 163.3180, F.S.; providing that certain 4 construction projects are exempt from concurrency; 5 authorizing a local government to grant a construction 6 project at a charter school an exemption from 7 concurrency; amending s. 163.31801, F.S.; providing a 8 method for a developer to provide a certain 9 contribution in lieu of paying an education impact 10 fee; providing requirements for the contribution; 11 amending s. 316.008, F.S.; prohibiting local governing 12 authorities from imposing or enforcing certain 13 vehicular stacking ordinances against a public school 14 or private school during certain hours; amending s. 15 1002.33, F.S.; restricting building requirements that 16 may be imposed by a local governing authority against 17 a startup charter school; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Paragraph (c) is added to subsection (1) of 22 section 163.3180, Florida Statutes, to read: 23 163.3180Concurrency. 24 (1)Sanitary sewer, solid waste, drainage, and potable 25 water are the only public facilities and services subject to the 26 concurrency requirement on a statewide basis. Additional public 27 facilities and services may not be made subject to concurrency 28 on a statewide basis without approval by the Legislature; 29 however, any local government may extend the concurrency 30 requirement so that it applies to additional public facilities 31 within its jurisdiction. 32 (c)Construction projects of public facilities, as defined 33 in s. 163.3164, which are necessary to ensure the protection of 34 the health, safety, and general welfare must be exempt from 35 concurrency. Construction projects on public school grounds are 36 included for the purposes of this paragraph, as public schools 37 provide a public good. A local government may grant a 38 construction project at a charter school an exemption from 39 concurrency. 40 Section 2.Paragraph (c) is added to subsection (5) of 41 section 163.31801, Florida Statutes, to read: 42 163.31801Impact fees; short title; intent; minimum 43 requirements; audits; challenges. 44 (5) 45 (c)If a local government or special 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 a contribution, such as a monetary contribution, land 49 dedication, site and planning design, or construction, which 50 must be credited against the collection of the education impact 51 fee at fair market value. The public school benefitting from the 52 improvement or contribution must be within a 3-mile radius of 53 the development. Credits must be approved by the local 54 government or special district. 55 Section 3.Paragraph (d) is added to subsection (9) of 56 section 316.008, Florida Statutes, to read: 57 316.008Powers of local authorities. 58 (9) 59 (d)Local governing authorities may not impose or enforce 60 any vehicular stacking ordinance or regulation against any 61 public school or private school during adopted school hours, 62 including during student drop-off and pick-up hours, in a manner 63 that would limit enrollment. 64 Section 4.Paragraph (a) of subsection (18) of section 65 1002.33, Florida Statutes, is amended to read: 66 1002.33Charter schools. 67 (18)FACILITIES. 68 (a)A startup charter school shall utilize facilities which 69 comply with the Florida Building Code pursuant to chapter 553 70 except for the State Requirements for Educational Facilities. 71 Conversion charter schools shall utilize facilities that comply 72 with the State Requirements for Educational Facilities provided 73 that the school district and the charter school have entered 74 into a mutual management plan for the reasonable maintenance of 75 such facilities. The mutual management plan shall contain a 76 provision by which the district school board agrees to maintain 77 charter school facilities in the same manner as its other public 78 schools within the district. Charter schools, with the exception 79 of conversion charter schools, are not required to comply, but 80 may choose to comply, with the State Requirements for 81 Educational Facilities of the Florida Building Code adopted 82 pursuant to s. 1013.37. The local governing authority may shall 83 not adopt, or impose, or enforce any local building requirements 84 or site-development restrictions that impact, such as parking 85 and site-size criteria, student enrollment and capacity, and 86 occupant load and, that are addressed by and more stringent than 87 those found in the State Requirements for Educational Facilities 88 of the Florida Building Code and the Florida Fire Prevention 89 Code. A local governing authority may not require a proposed 90 charter school to obtain special exception or conditional use 91 approval in order to be an allowable use under the local 92 governing authoritys land development code. A local governing 93 authority must treat charter schools equitably in comparison to 94 similar requirements, restrictions, and site planning processes 95 imposed upon public schools that are not charter schools, 96 including such provisions that are established by interlocal 97 agreement. An interlocal agreement entered into by a school 98 district for the development of only its own schools, including 99 provisions relating to the extension of infrastructure, may be 100 used by charter schools. A charter school may not be subject to 101 any land use regulation requiring a change to a local government 102 comprehensive plan or requiring a development order or 103 development permit, as those terms are defined in s. 163.3164, 104 that would not be required for a public school in the same 105 location. The agency having jurisdiction for inspection of a 106 facility and issuance of a certificate of occupancy or use shall 107 be the local municipality or, if in an unincorporated area, the 108 county governing authority. If an official or employee of the 109 local governing authority refuses to comply with this paragraph, 110 the aggrieved school or entity has an immediate right to bring 111 an action in circuit court to enforce its rights by injunction. 112 An aggrieved party that receives injunctive relief may be 113 awarded attorney fees and court costs. 114 Section 5.This act shall take effect July 1, 2025.