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CS/CS/HB 833, Engrossed 1 2026
CODING: Words stricken are deletions; words underlined are additions.
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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 private school facilities; amending 2
s. 1002.42, F.S.; providing that certain private 3
schools are considered a permitted use in certain 4
zoning districts; authorizing counties and 5
municipalities to require specified measures to 6
mitigate vehicular traffic and pedestrian safety; 7
providing requirements for such measures; authorizing 8
private schools to provide a traffic study rather than 9
comply with such measures; creating a right to action 10
under certain circumstances; authorizing the award of 11
injunctive relief; authorizing certain private schools 12
to operate in facilities that meet specified 13
requirements; requiring certain private schools 14
operating in such facilities to meet specified Florida 15
Fire Prevention Code standards; providing that 16
completion of a specified evaluation system with 17
certain ratings by specified persons constitutes 18
evidence of compliance with the Florida Fire 19
Prevention Code for such private schools; authorizing 20
the State Fire Marshal to adopt rules; providing an 21
effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
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CS/CS/HB 833, Engrossed 1 2026
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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 (19) of section 1002.42, Florida 26
Statutes, is amended to read: 27
1002.42 Private schools.— 28
(19) FACILITIES AND LAND USE.— 29
(a) A private school may use facilities on property owned 30
or leased by a library, community service organization, museum, 31
performing arts venue, theater, cinema, or church facility under 32
s. 170.201, which is or was actively used as such within 5 years 33
of any executed agreement with a private school to use the 34
facilities; any facility or land owned by a Florida College 35
System institution or university; any similar public 36
institutional facilities; and any facility recently used to 37
house a school or child care facility licensed under s. 402.305, 38
under any such facility's preexisting zoning and land use 39
designations without rezoning or obtaining a special exception 40
or a land use change, and without complying with any mitigation 41
requirements or conditions. The facility must be located on 42
property used solely for purposes described in this paragraph, 43
and must meet applicable state and local health, safety, and 44
welfare laws, codes, and rules, including firesafety and 45
building safety. 46
(b) A private school may use facilities on property 47
purchased from a library, community service organization, 48
museum, performing arts venue, theater, cinema, or church 49
facility under s. 170.201, which is actively or was actively 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
used as such within 5 years of any executed agreement with a 51
private school to purchase the facilities; any facility or land 52
owned by a Florida College System institution or university; any 53
similar public institutional facilities; and any facility 54
recently used to house a school or child care facility licensed 55
under s. 402.305, under any such facility's preexisting zoning 56
and land use designations without obtaining a special exception, 57
rezoning, or a land use change, and without complying with any 58
mitigation requirements or conditions. The facility must be 59
located on property used solely for purposes described in this 60
paragraph, and must meet applicable state and local health, 61
safety, and welfare laws, codes, and rules, including firesafety 62
and building safety. 63
(c) A private school located in a county with four 64
incorporated municipalities may construct new facilities, which 65
may be temporary or permanent, on property purchased from or 66
owned or leased by a library, community service organization, 67
museum, performing arts venue, theater, cinema, or church under 68
s. 170.201, which is or was actively used as such within 5 years 69
of any executed agreement with a private school; any land owned 70
by a Florida College System institution or state university; and 71
any land recently used to house a school or child care facility 72
licensed under s. 402.305, under its preexisting zoning and land 73
use designations without rezoning or obtaining a special 74
exception or a land use change, and without complying with any 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
mitigation requirements or conditions. Any new facility must be 76
located on property used solely for purposes described in this 77
paragraph, and must meet applicable state and local health, 78
safety, and welfare laws, codes, and rules, including firesafety 79
and building safety. 80
(d) A private school enrolling 150 or fewer students shall 81
be considered a permitted use in a commercial or mixed-use 82
zoning district within a county or municipality without rezoning 83
or obtaining a special exception or a land use change, and 84
without complying with any mitigation requirements, conditions, 85
performance standards, ordinances, rules, codes, or policies, 86
except that a county or municipality may require proportionate 87
mitigation measures necessary to mitigate vehicular traffic and 88
pedestrian safety. 89
1. The vehicular traffic and pedestrian safety mitigation 90
measures required by a county or municipality pursuant to this 91
paragraph shall be limited to those impacts reasonably and 92
directly attributable to the operation of the private school at 93
the site and shall be no greater in cost or scope than what is 94
required of all other uses within the same zoning district. 95
2. The private school subject to vehicular traffic and 96
pedestrian safety mitigation measures may, in lieu of complying 97
with such mitigation measures, provide a traffic study that 98
demonstrates the school will not have disproportionate impact on 99
vehicular traffic or pedestrian safety compared to other 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
allowable uses within the same zoning district. 101
3. If a local governing authority fails to comply with 102
this paragraph, the aggrieved school or entity has an immediate 103
right to bring an action in circuit court for injunctive relief. 104
(e) Notwithstanding any other provision of law, a private 105
school enrolling 150 or fewer students may operate in a facility 106
that is an existing assembly, day care, mercantile, or business 107
occupancy, as defined in the Florida Fire Prevention Code. A 108
private school operating in such a facility must meet the 109
standards for existing educational occupancy requirements under 110
the Florida Fire Prevention Code, adopted by the State Fire 111
Marshal. Completion of the fire safety evaluation system for 112
educational occupancies in NFPA 101A: Guide on Alternative 113
Approaches to Life Safety, adopted by the State Fire Marshal, by 114
a registered design professional licensed under chapter 471 or 115
chapter 481, with a determination of achieving at a minimum an 116
"at least equivalent" conclusion, shall be considered evidence 117
of compliance with the Florida Fire Prevention Code. The State 118
Fire Marshal may adopt rules to implement this paragraph. 119
Section 2. This act shall take effect July 1, 2026. 120