Educational Facilities

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 1 of 64
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 educational facilities; amending 2
ss. 163.31777, 163.3180, 553.415, 1001.20, 1002.20, 3
1002.31, 1002.36, 1003.621, 1011.012, 1011.6202, F.S.; 4
conforming provisions and cross-references to changes 5
made by the act; amending s. 1013.03, F.S.; revising 6
the duties of the Department of Education relating to 7
educational facilities of school districts and Florida 8
College System institutions; repealing s. 1013.04, 9
F.S., relating to school district educational 10
facilities plan performance and productivity 11
standards; amending s. 1013.12, F.S.; removing the 12
State Requirements for Educational Facilities from 13
specified standards for educational and ancillary 14
plants; removing the authority of the department to 15
inspect specified educational and ancillary plants; 16
deleting a requirement that the Commissioner of 17
Education adopt specified standards relating to such 18
inspections; removing a requirement that the State 19
Fire Marshal consult with the department for specified 20
rulemaking; amending s. 1013.20, F.S.; removing 21
specified standards for relocatables used as classroom 22
space; amending s. 1013.31, F.S.; removing the State 23
Requirement for Educational Facilities from specified 24
school district facility space projections; removing a 25

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 2 of 64
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

requirement that school district periodically update 26
their inventory of educational facilities; amending s. 27
1013.33, F.S.; conforming provisions to changes made 28
by the act; amending s. 1013.35, F.S.; removing 29
definitions; requiring district school boards to 30
submit their tentative facilities plans to the 31
department; removing specified requirements for such 32
plans; removing a requirement that district school 33
boards work with certain local governments relating to 34
such plans; amending s. 1013.356, F.S.; conforming 35
provisions to changes made by the act; amending s. 36
1013.37, F.S.; revising requirements for the 37
performance of life-cycle costs analyses on specified 38
facilities; removing the department and Commissioner 39
of Education from requirements related to state 40
uniform building code for public educational 41
facilities construction; amending s. 1013.371, F.S.; 42
conforming provisions to changes made by the act; 43
amending s. 1013.41, F.S.; removing the Office of 44
Educational Facilities; requiring the department, 45
rather than the office, to monitor educational 46
facilities plans; amending s. 1013.45, F.S.; removing 47
a requirement that district school boards reuse 48
specified documents and packages relating to 49
construction; removing a requirement for a protype 50

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 3 of 64
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

design and construction for specified district school 51
board projects; removing State Board of Education 52
rulemaking requirements; repealing s. 1013.451, F.S., 53
relating to life-cycle costs comparisons; amending s. 54
1013.62, F.S.; conforming a cross-reference; amending 55
s. 1013.64, F.S.; authorizing certain remodeling 56
projects to be based on specified school district 57
needs; revising the requirements for requests for 58
funding from the Special Facility Construction 59
Committee; revising the membership of the committee; 60
removing requirements for a specified survey and for 61
certain projects to be survey recommended; revising 62
the calculation of the cost per student station; 63
removing specified duties of the department relating 64
to cost per student stations; amending ss. 1013.68 and 65
1013.735, F.S.; conforming provisions to changes made 66
by the act; providing an effective date. 67
68
Be It Enacted by the Legislature of the State of Florida: 69
70
Section 1. Paragraphs (e) and (f) of subsection (2) and 71
subsection (4) of section 163.31777, Florida Statutes, are 72
amended to read: 73
163.31777 Public schools interlocal agreement.— 74
(2) At a minimum, the interlocal agreement must address 75

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 4 of 64
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

the following issues: 76
(e) A process for the school board to inform the local 77
government regarding the effect of comprehensive plan amendments 78
on school capacity. The capacity reporting must be consistent 79
with laws and rules relating to measurement of school facility 80
capacity and must also identify how the district school board 81
will meet the public school demand based on the facilities work 82
program adopted pursuant to s. 1013.35. 83
(f) Participation of the local governments in the 84
preparation of the annual update to the district school board's 85
5-year district facilities work program and educational plant 86
survey prepared pursuant to s. 1013.35. 87
(4) At the time of the evaluation and appraisal of its 88
comprehensive plan pursuant to s. 163.3191, each exempt 89
municipality shall assess the extent to which it continues to 90
meet the criteria for exemption under subsection (3). If the 91
municipality continues to meet the criteria for exemption under 92
subsection (3), the municipality shall continue to be exempt 93
from the interlocal agreement requirement. Each municipality 94
exempt under subsection (3) must comply with this section within 95
1 year after the district school board proposes, in its 5-year 96
district facilities work program, a new school within the 97
municipality's jurisdiction. 98
Section 2. Paragraph (e) of subsection (6) of section 99
163.3180, Florida Statutes, is amended to read: 100

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 5 of 64
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

163.3180 Concurrency.— 101
(6) 102
(e) A school district that includes relocatable facilities 103
in its inventory of student stations shall include the capacity 104
of such relocatable facilities as provided in s. 105
1013.35(2)(b)2.f., provided the relocatable facilities were 106
purchased after 1998 and the relocatable facilities meet the 107
standards for long-term use pursuant to s. 1013.20. 108
Section 3. Subsections (12) and (13) of section 553.415, 109
Florida Statutes, are amended to read: 110
553.415 Factory-built school buildings.— 111
(12) Such insignia and data plate shall be permanently 112
affixed by the manufacturer in the case of newly constructed 113
factory-built school buildings, or by the department or its 114
designee in the case of an existing factory-built building 115
altered to comply with provisions of s. 1013.20. 116
(13) As of July 1, 2001, all newly constructed factory-117
built school buildings shall bear a label pursuant to subsection 118
(12). As of July 1, 2002, existing factory-built school 119
buildings and manufactured buildings used as classrooms and not 120
bearing such label shall not be used as classrooms pursuant to 121
s. 1013.20. 122
Section 4. Paragraph (c) of subsection (4) of section 123
1001.20, Florida Statutes, is amended to read: 124
1001.20 Department under direction of state board.— 125

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 6 of 64
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

(4) The Department of Education shall establish the 126
following offices within the Office of the Commissioner of 127
Education which shall coordinate their activities with all other 128
divisions and offices: 129
(c) Office of Educational Facilities.—Responsible for 130
validating all educational plant surveys and verifying Florida 131
Inventory of School Houses (FISH) data. The office shall provide 132
technical assistance to public school districts when requested. 133
Section 5. Subsection (21) of section 1002.20, Florida 134
Statutes, is amended to read: 135
1002.20 K-12 student and parent rights.—Parents of public 136
school students must receive accurate and timely information 137
regarding their child's academic progress and must be informed 138
of ways they can help their child to succeed in school. K-12 139
students and their parents are afforded numerous statutory 140
rights including, but not limited to, the following: 141
(21) PARENTAL INPUT AND MEETINGS.— 142
(a) Meetings with school district personnel.—Parents of 143
public school students may be accompanied by another adult of 144
their choice at a meeting with school district personnel. School 145
district personnel may not object to the attendance of such 146
adult or discourage or attempt to discourage, through an action, 147
statement, or other means, the parents of students with 148
disabilities from inviting another person of their choice to 149
attend a meeting. Such prohibited actions include, but are not 150

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 7 of 64
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

limited to, attempted or actual coercion or harassment of 151
parents or students or retaliation or threats of consequences to 152
parents or students. 153
(a)1. Such meetings include, but are not limited to, 154
meetings related to: the eligibility for exceptional student 155
education or related services; the development of an individual 156
family support plan (IFSP); the development of an individual 157
education plan (IEP); the development of a 504 accommodation 158
plan issued under s. 504 of the Rehabilitation Act of 1973; the 159
transition of a student from early intervention services to 160
other services; the development of postsecondary goals for a 161
student with a disability and the transition services needed to 162
reach those goals; and other issues that may affect the 163
educational environment, discipline, or placement of a student 164
with a disability. 165
(b)2. The parents and school district personnel attending 166
the meeting shall sign a document at the meeting's conclusion 167
which states whether any school district personnel have 168
prohibited, discouraged, or attempted to discourage the parents 169
from inviting a person of their choice to the meeting. 170
(b) District school board educational facilities 171
programs.—Parents of public school students and other members of 172
the public have the right to receive proper public notice and 173
opportunity for public comment regarding the district school 174
board's educational facilities work program, in accordance with 175

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 8 of 64
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

the provisions of s. 1013.35. 176
Section 6. Paragraph (b) of subsection (2) of section 177
1002.31, Florida Statutes, is amended to read: 178
1002.31 Controlled open enrollment; public school parental 179
choice.— 180
(2) 181
(b) Each school district and charter school capacity 182
determinations for its schools, by grade level, must be updated 183
every 12 weeks and be identified on the school district and 184
charter school's websites. In determining the capacity of each 185
district school, the district school board shall incorporate the 186
specifications, plans, elements, and commitments contained in 187
the school district educational facilities plan and the long-188
term work programs required under s. 1013.35. Each charter 189
school governing board shall determine capacity based upon its 190
charter school contract. Each virtual charter school and each 191
school district with a contract with an approved virtual 192
instruction program provider shall determine capacity based upon 193
the enrollment requirements established under s. 1002.45(1)(d)4. 194
Section 7. Subsection (3) of section 1002.36, Florida 195
Statutes, is amended to read: 196
1002.36 Florida School for the Deaf and the Blind.— 197
(3) AUDITS.—The Auditor General shall conduct audits of 198
the accounts and records of the Florida School for the Deaf and 199
the Blind as provided in s. 11.45. The Department of Education's 200

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 9 of 64
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

Inspector General is authorized to conduct investigations at the 201
school as provided in s. 1002.20(4)(d) s. 1001.20(4)(e). 202
Section 8. Paragraph (i) of subsection (2) of section 203
1003.621, Florida Statutes, is amended to read: 204
1003.621 Academically high-performing school districts.—It 205
is the intent of the Legislature to recognize and reward school 206
districts that demonstrate the ability to consistently maintain 207
or improve their high-performing status. The purpose of this 208
section is to provide high-performing school districts with 209
flexibility in meeting the specific requirements in statute and 210
rules of the State Board of Education. 211
(2) COMPLIANCE WITH STATUTES AND RULES.—Each academically 212
high-performing school district shall comply with all of the 213
provisions in chapters 1000-1013, and rules of the State Board 214
of Education which implement these provisions, pertaining to the 215
following: 216
(i) Those statutes pertaining to educational facilities, 217
including chapter 1013, except that s. 1013.20, relating to 218
covered walkways for portables, is eligible for exemption. 219
Section 9. Section 1011.012, Florida Statutes, is amended 220
to read: 221
1011.012 Annual capital outlay budget.— 222
(1) Each district school board, Florida College System 223
institution board of trustees, and university board of trustees 224
shall, each year, adopt a capital outlay budget for the ensuing 225

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 10 of 64
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

year in order that the capital outlay needs of the board for the 226
entire year may be well understood by the public. This capital 227
outlay budget shall be a part of the annual budget and shall be 228
based upon and in harmony with the educational plant and 229
ancillary facilities plan. This budget shall designate the 230
proposed capital outlay expenditures by project for the year 231
from all fund sources. The board may not expend any funds on any 232
project not included in the budget, as amended. 233
(2) Each district school board must prepare its tentative 234
district facilities work program as required by s. 1013.35 235
before adopting the capital outlay budget. 236
Section 10. Paragraph (b) of subsection (3) of section 237
1011.6202, Florida Statutes, is amended to read: 238
1011.6202 Principal Autonomy Program Initiative.—The 239
Principal Autonomy Program Initiative is created within the 240
Department of Education. The purpose of the program is to 241
provide a highly effective principal of a participating school 242
with increased autonomy and authority to operate his or her 243
school, as well as other schools, in a way that produces 244
significant improvements in student achievement and school 245
management while complying with constitutional requirements. The 246
State Board of Education may, upon approval of a principal 247
autonomy proposal, enter into a performance contract with the 248
district school board for participation in the program. 249
(3) EXEMPTION FROM LAWS.— 250

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 11 of 64
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

(b) A participating school or a school operated by a 251
principal pursuant to subsection (5) shall comply with the 252
provisions of chapters 1000-1013, and rules of the state board 253
that implement those provisions, pertaining to the following: 254
1. Those laws relating to the election and compensation of 255
district school board members, the election or appointment and 256
compensation of district school superintendents, public meetings 257
and public records requirements, financial disclosure, and 258
conflicts of interest. 259
2. Those laws relating to the student assessment program 260
and school grading system, including chapter 1008. 261
3. Those laws relating to the provision of services to 262
students with disabilities. 263
4. Those laws relating to civil rights, including s. 264
1000.05, relating to discrimination. 265
5. Those laws relating to student health, safety, and 266
welfare. 267
6. Section 1001.42(4)(f), relating to the uniform opening 268
date for public schools. 269
7. Section 1003.03, governing maximum class size, except 270
that the calculation for compliance pursuant to s. 1003.03 is 271
the average at the school level for a participating school. 272
8. Sections 1012.22(1)(c) and 1012.27(2), relating to 273
compensation and salary schedules. 274
9. Section 1012.33(5), relating to workforce reductions 275

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 12 of 64
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

for annual contracts for instructional personnel. This 276
subparagraph does not apply to at-will employees. 277
10. Section 1012.335, relating to annual contracts for 278
instructional personnel hired on or after July 1, 2011. This 279
subparagraph does not apply to at-will employees. 280
11. Section 1012.34, relating to personnel evaluation 281
procedures and criteria. 282
12. Those laws pertaining to educational facilities, 283
including chapter 1013, except that s. 1013.20, relating to 284
covered walkways for relocatables, is eligible for exemption. 285
13. Those laws pertaining to participating school 286
districts, including this section and ss. 1011.69(2) and 287
1012.28(8). 288
Section 11. Section 1013.03, Florida Statutes, is amended 289
to read: 290
1013.03 Functions of the department and the Board of 291
Governors.—The functions of the Department of Education as it 292
pertains to educational facilities of school districts and 293
Florida College System institutions and of the Board of 294
Governors as it pertains to educational facilities of state 295
universities shall include, but not be limited to, the 296
following: 297
(1) Each district school board and Florida College System 298
institution board of trustees shall establish recommended 299
minimum and maximum square footage standards for different 300

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 13 of 64
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

functions and areas and procedures for determining the gross 301
square footage for each educational facility to be funded in 302
whole or in part by the state, including public broadcasting 303
stations but excluding postsecondary special purpose laboratory 304
space. The gross square footage determination standards may be 305
exceeded when the core facility space of an educational facility 306
is constructed or renovated to accommodate the future addition 307
of classrooms to meet projected increases in student enrollment. 308
The department and the Board of Governors shall encourage 309
multiple use of facilities and spaces in educational plants. 310
(2) Each district school board and Florida College System 311
institution board of trustees shall establish, for the purpose 312
of determining need, equitably uniform utilization standards for 313
all types of like space, regardless of the level of education. 314
These standards shall also establish, for postsecondary 315
education classrooms, a minimum room utilization rate of 40 316
hours per week and a minimum station utilization rate of 60 317
percent. These rates shall be subject to increase based on 318
national norms for utilization of postsecondary education 319
classrooms. 320
(3) Require boards to submit other educational plant 321
inventories data and statistical data or information relevant to 322
construction, capital improvements, and related costs. 323
(3)(4) The department and the Board of Governors shall 324
require each board and other appropriate agencies to submit 325

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 14 of 64
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

complete and accurate financial data as to the amounts of funds 326
from all sources that are available and spent for construction 327
and capital improvements. The commissioner shall prescribe the 328
format and the date for the submission of this data and any 329
other educational facilities data. If any district does not 330
submit the required educational facilities fiscal data by the 331
prescribed date, the Commissioner of Education shall notify the 332
district school board of this fact and, if appropriate action is 333
not taken to immediately submit the required report, the 334
district school board shall be directed to proceed pursuant to 335
s. 1001.42(13)(b). If any Florida College System institution or 336
university does not submit the required educational facilities 337
fiscal data by the prescribed date, the same policy prescribed 338
in this subsection for school districts shall be implemented. 339
(4)(5) The department and the Board of Governors shall 340
administer, under the supervision of the Commissioner of 341
Education, the Public Education Capital Outlay and Debt Service 342
Trust Fund and the School District and Community College 343
District Capital Outlay and Debt Service Trust Fund. 344
(6) Develop, review, update, revise, and recommend a 345
mandatory portion of the Florida Building Code for educational 346
facilities construction and capital improvement by Florida 347
College System institution boards and district school boards. 348
(7) Provide training, technical assistance, and building 349
code interpretation for requirements of the mandatory Florida 350

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 15 of 64
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

Building Code for the educational facilities construction and 351
capital improvement programs of the Florida College System 352
institution boards and district school boards and, upon request, 353
approve phase III construction documents for remodeling, 354
renovation, or new construction of educational plants or 355
ancillary facilities, except that university boards of trustees 356
shall approve specifications and construction documents for 357
their respective institutions pursuant to guidelines of the 358
Board of Governors. The Department of Management Services may, 359
upon request, provide similar services for the Florida School 360
for the Deaf and the Blind and shall use the Florida Building 361
Code and the Florida Fire Prevention Code. 362
(8) Provide minimum criteria, procedures, and training to 363
boards to conduct educational plant surveys and document the 364
determination of future needs. 365
(9) Make available to boards technical assistance, 366
awareness training, and research and technical publications 367
relating to lifesafety, casualty, sanitation, environmental, 368
maintenance, and custodial issues; and, as needed, technical 369
assistance for survey, planning, design, construction, 370
operation, and evaluation of educational and ancillary 371
facilities and plants, facilities administrative procedures 372
review, and training for new administrators. 373
(10)(a) Review and validate surveys proposed or amended by 374
the boards and recommend to the Commissioner of Education, or 375

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 16 of 64
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

the Chancellor of the State University System, as appropriate, 376
for approval, surveys that meet the requirements of this 377
chapter. 378
1. The term "validate" as applied to surveys by school 379
districts means to review inventory data as submitted to the 380
department by district school boards; provide for review and 381
inspection, where required, of student stations and aggregate 382
square feet of inventory changed from satisfactory to 383
unsatisfactory or changed from unsatisfactory to satisfactory; 384
compare new school inventory to allocation limits provided by 385
this chapter; review cost projections for conformity with cost 386
limits set by s. 1013.64(6); compare total capital outlay full-387
time equivalent enrollment projections in the survey with the 388
department's projections; review facilities lists to verify that 389
student station and auxiliary facility space allocations do not 390
exceed the limits provided by this chapter and related rules; 391
review and confirm the application of uniform facility 392
utilization factors, where provided by this chapter or related 393
rules; utilize the documentation of programs offered per site, 394
as submitted by the board, to analyze facility needs; confirm 395
that need projections for career and adult educational programs 396
comply with needs documented by the Department of Education; and 397
confirm the assignment of full-time student stations to all 398
space except auxiliary facilities, which, for purposes of 399
exemption from student station assignment, include the 400

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 17 of 64
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

following: 401
a. Cafeterias. 402
b. Multipurpose dining areas. 403
c. Media centers. 404
d. Auditoriums. 405
e. Administration. 406
f. Elementary, middle, and high school resource rooms, up 407
to the number of such rooms recommended for the applicable 408
occupant and space design capacity of the educational plant in 409
the State Requirements for Educational Facilities, beyond which 410
student stations must be assigned. 411
g. Elementary school skills labs, up to the number of such 412
rooms recommended for the applicable occupant and space design 413
capacity of the educational plant in the State Requirements for 414
Educational Facilities, beyond which student stations must be 415
assigned. 416
h. Elementary school art and music rooms. 417
418
The Commissioner of Education may grant a waiver from the 419
requirements of this subparagraph if a district school board 420
determines that such waiver will make possible a substantial 421
savings of funds or will be advantageous to the welfare of the 422
educational system. The district school board shall present a 423
full statement to the commissioner which sets forth the facts 424
that warrant the waiver. If the commissioner denies a request 425

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 18 of 64
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

for a waiver, the district school board may appeal such decision 426
to the State Board of Education. 427
2. The term "validate" as applied to surveys by Florida 428
College System institutions and universities means to review and 429
document the approval of each new site and official designation, 430
where applicable; review the inventory database as submitted by 431
each board to the department, including noncareer, and total 432
capital outlay full-time equivalent enrollment projections per 433
site and per college; provide for the review and inspection, 434
where required, of student stations and aggregate square feet of 435
space changed from satisfactory to unsatisfactory; utilize and 436
review the documentation of programs offered per site submitted 437
by the boards as accurate for analysis of space requirements and 438
needs; confirm that needs projected for career and adult 439
educational programs comply with needs documented by the 440
Department of Education; compare new facility inventory to 441
allocations limits as provided in this chapter; review cost 442
projections for conformity with state averages or limits 443
designated by this chapter; compare student enrollment 444
projections in the survey to the department's projections; 445
review facilities lists to verify that area allocations and 446
space factors for generating space needs do not exceed the 447
limits as provided by this chapter and related rules; confirm 448
the application of facility utilization factors as provided by 449
this chapter and related rules; and review, as submitted, 450

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 19 of 64
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

documentation of how survey recommendations will implement the 451
detail of current campus master plans and integrate with local 452
comprehensive plans and development regulations. 453
(5)(b) The department and Board of Governors shall 454
recommend priority of projects to be funded. 455
(6)(11) The department and Board of Governors shall 456
prepare the commissioner's comprehensive fixed capital outlay 457
legislative budget request and provide annually an estimate of 458
the funds available for developing required 3-year priority 459
lists. This amount shall be based upon the average percentage 460
for the 5 prior years of funds appropriated by the Legislature 461
for fixed capital outlay to each level of public education: 462
public schools, Florida College System institutions, and 463
universities. 464
(7)(12) The department and Board of Governors shall 465
perform any other functions that may be involved in educational 466
facilities construction and capital improvement which shall 467
ensure that the intent of the Legislature is implemented. 468
Section 12. Section 1013.04, Florida Statutes, is 469
repealed. 470
Section 13. Subsection (1), paragraph (a) of subsection 471
(3), and subsection (8) of section 1013.12, Florida Statutes, 472
are amended to read: 473
1013.12 Casualty, safety, sanitation, and firesafety 474
standards and inspection of property.— 475

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 20 of 64
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

(1) FIRESAFETY.—The State Board of Education shall adopt 476
and administer rules prescribing standards for the safety and 477
health of occupants of educational and ancillary plants as a 478
part of State Requirements for Educational Facilities or the 479
Florida Building Code for educational facilities construction as 480
provided in s. 1013.37, except that the State Fire Marshal in 481
consultation with the Department of Education shall adopt 482
uniform firesafety standards for educational and ancillary 483
plants and educational facilities, as provided in s. 484
633.206(1)(b), and a firesafety evaluation system to be used as 485
an alternate firesafety inspection standard for existing 486
educational and ancillary plants and educational facilities. The 487
uniform firesafety standards and the alternate firesafety 488
evaluation system shall be administered and enforced by fire 489
officials certified by the State Fire Marshal under s. 633.216. 490
These standards must be used by all public agencies when 491
inspecting public educational and ancillary plants, and the 492
firesafety standards must be used by county, municipal, or 493
independent special fire control district inspectors when 494
performing firesafety inspections of public educational and 495
ancillary plants and educational facilities. In accordance with 496
such standards, each board shall prescribe policies and 497
procedures establishing a comprehensive program of safety and 498
sanitation for the protection of occupants of public educational 499
and ancillary plants. Such policies must contain procedures for 500

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 21 of 64
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

periodic inspections as prescribed in this section or chapter 501
633 and for withdrawal of any educational and ancillary plant, 502
or portion thereof, from use until unsafe or unsanitary 503
conditions are corrected or removed. 504
(3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC 505
AGENCIES.— 506
(a) A safety or sanitation inspection of any educational 507
or ancillary plant may be made at any time by the Department of 508
Education or any other state or local agency authorized or 509
required to conduct such inspections by either general or 510
special law. Each agency conducting inspections shall use the 511
standards adopted by the Commissioner of Education in lieu of, 512
and to the exclusion of, any other inspection standards 513
prescribed either by statute or administrative rule. The agency 514
shall submit a copy of the inspection report to the board. 515
(8) ADDITIONAL STANDARDS.—In addition to any other rules 516
adopted under this section or s. 633.206, the State Fire Marshal 517
in consultation with the Department of Education shall adopt and 518
administer rules prescribing the following standards for the 519
safety and health of occupants of educational and ancillary 520
plants: 521
(a) The designation of serious life-safety hazards, 522
including, but not limited to, nonfunctional fire alarm systems, 523
nonfunctional fire sprinkler systems, doors with padlocks or 524
other locks or devices that preclude egress at any time, 525

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 22 of 64
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

inadequate exits, hazardous electrical system conditions, 526
potential structural failure, and storage conditions that create 527
a fire hazard. 528
(b) The proper placement of functional smoke and heat 529
detectors and accessible, unexpired fire extinguishers. 530
(c) The maintenance of fire doors without doorstops or 531
wedges improperly holding them open. 532
Section 14. Section 1013.20, Florida Statutes, is amended 533
to read: 534
1013.20 Inspections Standards for relocatables used as 535
classroom space; inspections.— 536
(1) The State Board of Education shall adopt rules 537
establishing standards for relocatables intended for long-term 538
use as classroom space at a public elementary school, middle 539
school, or high school. "Long-term use" means the use of 540
relocatables at the same educational plant for a period of 4 541
years or more. Each relocatable acquired by a district school 542
board after the effective date of the rules and intended for 543
long-term use must comply with the standards. Relocatables that 544
fail to meet the standards may not be used as classrooms. The 545
standards shall protect the health, safety, and welfare of 546
occupants by requiring compliance with the Florida Building Code 547
or the State Requirements for Educational Facilities for 548
existing relocatables, as applicable, to ensure the safety and 549
stability of construction and onsite installation; fire and 550

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 23 of 64
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

moisture protection; air quality and ventilation; appropriate 551
wind resistance; and compliance with the requirements of the 552
Americans with Disabilities Act of 1990. If appropriate and 553
where relocatables are not scheduled for replacement, the 554
standards must also require relocatables to provide access to 555
the same technologies available to similar classrooms within the 556
main school facility and, if appropriate, and where relocatables 557
are not scheduled for replacement, to be accessible by adequate 558
covered walkways. A relocatable that is subject to this section 559
and does not meet the standards shall not be reported as 560
providing satisfactory student stations in the Florida Inventory 561
of School Houses. 562
(2) Annual inspections for all satisfactory relocatables 563
designed for classroom use or being occupied by students are 564
required for: foundations; tie-downs; structural integrity; 565
weatherproofing; HVAC; electrical; plumbing, if applicable; 566
firesafety; and accessibility. Reports shall be filed with the 567
district school board and posted in each respective relocatable 568
in order to facilitate corrective action. 569
Section 15. Subsection (1) of section 1013.31, Florida 570
Statutes, is amended to read: 571
1013.31 Educational plant survey; need assessment 572
criteria; PECO project funding.— 573
(1) At least every 5 years, each Florida College System 574
institution and state university board shall arrange for an 575

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 24 of 64
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

educational plant survey, to aid in formulating plans for 576
housing the educational program and student population, faculty, 577
administrators, staff, and auxiliary and ancillary services of 578
the district or campus, including consideration of the local 579
comprehensive plan. The Department of Education shall document 580
the need for additional career and adult education programs and 581
the continuation of existing programs before facility 582
construction or renovation related to career or adult education 583
may be included in the educational plant survey of a school 584
district or Florida College System institution that delivers 585
career or adult education programs. Information used by the 586
Department of Education to establish facility needs must 587
include, but need not be limited to, labor market data, needs 588
analysis, and information submitted by the Florida College 589
System institution. 590
(a) Survey preparation and required data.—Each survey must 591
be conducted by the Florida College System institution or state 592
university board or an agency employed by the board. Surveys 593
must be reviewed and approved by the board, and a file copy must 594
be submitted to the Department of Education or the Chancellor of 595
the State University System, as appropriate. The survey report 596
must include at least an inventory of existing educational and 597
ancillary plants, including safe access facilities; 598
recommendations for existing educational and ancillary plants; 599
recommendations for new educational or ancillary plants, 600

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 25 of 64
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

including the general location of each in coordination with the 601
land use plan and safe access facilities; campus master plan 602
update and detail for Florida College System institutions; and 603
such other information as may be required by the Department of 604
Education. This report may be amended, if conditions warrant, at 605
the request of the department or commissioner. 606
(b) Required need assessment criteria for district, 607
Florida College System institution, state university, and 608
Florida School for the Deaf and the Blind plant surveys.—609
Educational plant surveys must use uniform data sources and 610
criteria specified in this paragraph. Each revised educational 611
plant survey and each new educational plant survey supersedes 612
previous surveys. 613
1. Each survey of a special facility, joint-use facility, 614
or cooperative career education facility must be based on 615
capital outlay full-time equivalent student enrollment data 616
prepared by the department for school districts and Florida 617
College System institutions and by the Chancellor of the State 618
University System for universities. A survey of space needs of a 619
joint-use facility shall be based upon the respective space 620
needs of the school districts, Florida College System 621
institutions, and universities, as appropriate. Projections of a 622
school district's facility space needs may not exceed the norm 623
space and occupant design criteria established by the State 624
Requirements for Educational Facilities. 625

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 26 of 64
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

2. Each Florida College System institution's survey must 626
reflect the capacity of existing facilities as specified in the 627
inventory maintained by the Department of Education. Projections 628
of facility space needs must comply with standards for 629
determining space needs as specified by rule of the State Board 630
of Education. The 5-year projection of capital outlay student 631
enrollment must be consistent with the annual report of capital 632
outlay full-time student enrollment prepared by the Department 633
of Education. 634
3. Each state university's survey must reflect the 635
capacity of existing facilities as specified in the inventory 636
maintained and validated by the Chancellor of the State 637
University System. Projections of facility space needs must be 638
consistent with standards for determining space needs as 639
specified by regulation of the Board of Governors. The projected 640
capital outlay full-time equivalent student enrollment must be 641
consistent with the 5-year planned enrollment cycle for the 642
State University System approved by the Board of Governors. 643
4. The district educational facilities plan of a school 644
district and the educational plant survey of a Florida College 645
System institution, state university, or the Florida School for 646
the Deaf and the Blind may include space needs that deviate from 647
approved standards for determining space needs if the deviation 648
is justified by the district or institution and approved by the 649
department or the Board of Governors, as appropriate, as 650

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 27 of 64
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

necessary for the delivery of an approved educational program. 651
(c) Review and validation.—The Department of Education 652
shall review and validate the surveys of school districts and 653
Florida College System institutions, and the Chancellor of the 654
State University System shall review and validate the surveys of 655
universities, and any amendments thereto for compliance with the 656
requirements of this chapter and shall recommend those in 657
compliance for approval by the State Board of Education or the 658
Board of Governors, as appropriate. The commissioner may 659
condition the receipt of fixed capital outlay funds provided 660
from general revenue or from state trust funds by district 661
school boards until such time as the district school board 662
submits a survey that accurately projects facilities needs as 663
indicated by the Florida Inventory of School Houses, as compared 664
with the district's capital outlay full-time equivalent 665
enrollment, as determined by the department. 666
(d) Periodic update of Florida Inventory of School 667
Houses.—School districts shall periodically update their 668
inventory of educational facilities as new capacity becomes 669
available and as unsatisfactory space is eliminated. The State 670
Board of Education shall adopt rules to determine the timeframe 671
in which districts must provide a periodic update. 672
Section 16. Subsection (3) of section 1013.33, Florida 673
Statutes, is amended to read: 674
1013.33 Coordination of planning with local governing 675

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 28 of 64
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

bodies.— 676
(3) A board and the local governing body must share and 677
coordinate information related to existing and planned school 678
facilities; proposals for development, redevelopment, or 679
additional development; and infrastructure required to support 680
the school facilities, concurrent with proposed development. A 681
school board shall use information produced by the demographic, 682
revenue, and education estimating conferences pursuant to s. 683
216.136 when preparing the district educational facilities plan 684
pursuant to s. 1013.35, as modified and agreed to by the local 685
governments, when provided by interlocal agreement, and the 686
Office of Educational Facilities, in consideration of local 687
governments' population projections, to ensure that the district 688
educational facilities plan not only reflects enrollment 689
projections but also considers applicable municipal and county 690
growth and development projections. The projections must be 691
apportioned geographically with assistance from the local 692
governments using local government trend data and the school 693
district student enrollment data. A school board is precluded 694
from siting a new school in a jurisdiction where the school 695
board has failed to provide the annual educational facilities 696
plan for the prior year required pursuant to s. 1013.35 unless 697
the failure is corrected. 698
Section 17. Section 1013.35, Florida Statutes, is amended 699
to read: 700

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 29 of 64
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

1013.35 School district educational facilities plan; 701
definitions; preparation, adoption, and amendment; long-term 702
work programs.— 703
(1) DEFINITIONS.—As used in this section, the term: 704
(a) "Adopted educational facilities plan" means the 705
comprehensive planning document that is adopted annually by the 706
district school board as provided in subsection (2) and that 707
contains the educational plant survey. 708
(b) "District facilities work program" means the 5-year 709
listing of capital outlay projects adopted by the district 710
school board as provided in subparagraph (2)(a)2. and paragraph 711
(2)(b) as part of the district educational facilities plan, 712
which is required in order to: 713
1. Properly maintain the educational plant and ancillary 714
facilities of the district. 715
2. Provide an adequate number of satisfactory student 716
stations for the projected student enrollment of the district in 717
K-12 programs. 718
(c) "Tentative educational facilities plan" means the 719
comprehensive planning document prepared annually by the 720
district school board and submitted to the Office of Educational 721
Facilities and the affected general-purpose local governments. 722
(2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 723
FACILITIES PLAN.— 724
(1)(a) Annually, before prior to the adoption of the 725

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 30 of 64
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

district school budget, each district school board shall prepare 726
a tentative district educational facilities plan that includes 727
long-range planning for facilities needs over 5-year, 10-year, 728
and 20-year periods. The district school board shall submit the 729
tentative facilities plan to the department. The plan must be 730
developed in coordination with the general-purpose local 731
governments and be consistent with the local government 732
comprehensive plans. The school board's plan for provision of 733
new schools must meet the needs of all growing communities in 734
the district, ranging from small rural communities to large 735
urban cities. The plan must include: 736
1. Projected student populations apportioned 737
geographically at the local level. The projections must be based 738
on information produced by the demographic, revenue, and 739
education estimating conferences pursuant to s. 216.136, where 740
available, as modified by the district based on development data 741
and agreement with the local governments and the Office of 742
Educational Facilities. The projections must be apportioned 743
geographically with assistance from the local governments using 744
local development trend data and the school district student 745
enrollment data. 746
2. An inventory of existing school facilities. Any 747
anticipated expansions or closures of existing school sites over 748
the 5-year, 10-year, and 20-year periods must be identified. The 749
inventory must include an assessment of areas proximate to 750

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 31 of 64
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

existing schools and identification of the need for improvements 751
to infrastructure, safety, including safe access routes, and 752
conditions in the community. The plan must also provide a 753
listing of major repairs and renovation projects anticipated 754
over the period of the plan. 755
3. Projections of facilities space needs, which may not 756
exceed the norm space and occupant design criteria established 757
in the State Requirements for Educational Facilities. 758
4. Information on leased, loaned, and donated space and 759
relocatables used for conducting the district's instructional 760
programs. 761
5. The general location of public schools proposed to be 762
constructed over the 5-year, 10-year, and 20-year time periods, 763
including a listing of the proposed schools' site acreage needs 764
and anticipated capacity and maps showing the general locations. 765
The school board's identification of general locations of future 766
school sites must be based on the school siting requirements of 767
s. 163.3177(6)(a) and policies in the comprehensive plan which 768
provide guidance for appropriate locations for school sites. 769
6. The identification of options deemed reasonable and 770
approved by the school board which reduce the need for 771
additional permanent student stations. Such options may include, 772
but need not be limited to: 773
a. Acceptable capacity; 774
b. Redistricting; 775

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 32 of 64
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

c. Busing; 776
d. Year-round schools; 777
e. Charter schools; 778
f. Magnet schools; and 779
g. Public-private partnerships. 780
7. The criteria and method, jointly determined by the 781
local government and the school board, for determining the 782
impact of proposed development to public school capacity. 783
(b) The plan must also include a financially feasible 784
district facilities work program for a 5-year period. The work 785
program must include: 786
1. A schedule of major repair and renovation projects 787
necessary to maintain the educational facilities and ancillary 788
facilities of the district. 789
2. A schedule of capital outlay projects necessary to 790
ensure the availability of satisfactory student stations for the 791
projected student enrollment in K-12 programs. This schedule 792
shall consider: 793
a. The locations, capacities, and planned utilization 794
rates of current educational facilities of the district. The 795
capacity of existing satisfactory facilities, as reported in the 796
Florida Inventory of School Houses must be compared to the 797
capital outlay full-time-equivalent student enrollment as 798
determined by the department, including all enrollment used in 799
the calculation of the distribution formula in s. 1013.64. 800

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 33 of 64
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

b. The proposed locations of planned facilities, whether 801
those locations are consistent with the comprehensive plans of 802
all affected local governments, and recommendations for 803
infrastructure and other improvements to land adjacent to 804
existing facilities. The provisions of ss. 1013.33(6), (7), and 805
(8) and 1013.36 must be addressed for new facilities planned 806
within the first 3 years of the work plan, as appropriate. 807
c. Plans for the use and location of relocatable 808
facilities, leased facilities, and charter school facilities. 809
d. Plans for multitrack scheduling, grade level 810
organization, block scheduling, or other alternatives that 811
reduce the need for additional permanent student stations. 812
e. Information concerning average class size and 813
utilization rate by grade level within the district which will 814
result if the tentative district facilities work program is 815
fully implemented. 816
f. The number and percentage of district students planned 817
to be educated in relocatable facilities during each year of the 818
tentative district facilities work program. For determining 819
future needs, student capacity may not be assigned to any 820
relocatable classroom that is scheduled for elimination or 821
replacement with a permanent educational facility in the current 822
year of the adopted district educational facilities plan and in 823
the district facilities work program adopted under this section. 824
Those relocatable classrooms clearly identified and scheduled 825

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 34 of 64
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

for replacement in a school-board-adopted, financially feasible, 826
5-year district facilities work program shall be counted at zero 827
capacity at the time the work program is adopted and approved by 828
the school board. However, if the district facilities work 829
program is changed and the relocatable classrooms are not 830
replaced as scheduled in the work program, the classrooms must 831
be reentered into the system and be counted at actual capacity. 832
Relocatable classrooms may not be perpetually added to the work 833
program or continually extended for purposes of circumventing 834
this section. All relocatable classrooms not identified and 835
scheduled for replacement, including those owned, lease-836
purchased, or leased by the school district, must be counted at 837
actual student capacity. The district educational facilities 838
plan must identify the number of relocatable student stations 839
scheduled for replacement during the 5-year survey period and 840
the total dollar amount needed for that replacement. 841
g. Plans for the closure of any school, including plans 842
for disposition of the facility or usage of facility space, and 843
anticipated revenues. 844
h. Projects for which capital outlay and debt service 845
funds accruing under s. 9(d), Art. XII of the State Constitution 846
are to be used shall be identified separately in priority order 847
on a project priority list within the district facilities work 848
program. 849
3. The projected cost for each project identified in the 850

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 35 of 64
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

district facilities work program. For proposed projects for new 851
student stations, a schedule shall be prepared comparing the 852
planned cost and square footage for each new student station, by 853
elementary, middle, and high school levels, to the low, average, 854
and high cost of facilities constructed throughout the state 855
during the most recent fiscal year for which data is available 856
from the Department of Education. 857
4. A schedule of estimated capital outlay revenues from 858
each currently approved source which is estimated to be 859
available for expenditure on the projects included in the 860
district facilities work program. 861
5. A schedule indicating which projects included in the 862
district facilities work program will be funded from current 863
revenues projected in subparagraph 4. 864
6. A schedule of options for the generation of additional 865
revenues by the district for expenditure on projects identified 866
in the district facilities work program which are not funded 867
under subparagraph 5. Additional anticipated revenues may 868
include Classrooms First funds. 869
(c) To the extent available, the tentative district 870
educational facilities plan shall be based on information 871
produced by the demographic, revenue, and education estimating 872
conferences pursuant to s. 216.136. 873
(2)(d) Provision shall be made for public comment 874
concerning the tentative district educational facilities plan. 875

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 36 of 64
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

(e) The district school board shall coordinate with each 876
affected local government to ensure consistency between the 877
tentative district educational facilities plan and the local 878
government comprehensive plans of the affected local governments 879
during the development of the tentative district educational 880
facilities plan. 881
(3)(f) Not less than once every 5 years, the district 882
school board shall have an audit conducted of the district's 883
educational planning and construction activities. An operational 884
audit conducted by the Auditor General pursuant to s. 11.45 885
satisfies this requirement. 886
(4)(3) SUBMITTAL OF TENTATIVE DISTRICT EDUCATIONAL 887
FACILITIES PLAN TO LOCAL GOVERNMENT.—The district school board 888
shall submit a copy of its tentative district educational 889
facilities plan to all affected local governments before prior 890
to adoption by the board. The affected local governments shall 891
review the tentative district educational facilities plan and 892
comment to the district school board on the consistency of the 893
plan with the local comprehensive plan, whether a comprehensive 894
plan amendment will be necessary for any proposed educational 895
facility, and whether the local government supports a necessary 896
comprehensive plan amendment. If the local government does not 897
support a comprehensive plan amendment for a proposed 898
educational facility, the matter shall be resolved pursuant to 899
the interlocal agreement when required by ss. 163.3177(6)(h), 900

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 37 of 64
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

163.31777, and 1013.33(2). The process for the submittal and 901
review shall be detailed in the interlocal agreement when 902
required pursuant to ss. 163.3177(6)(h), 163.31777, and 903
1013.33(2). 904
(5)(4) ADOPTED DISTRICT EDUCATIONAL FACILITIES PLAN.—905
Annually, the district school board shall consider and adopt the 906
tentative district educational facilities plan completed 907
pursuant to subsection (2). Upon giving proper notice to the 908
public and local governments and opportunity for public comment, 909
the district school board may amend the plan to revise the 910
priority of projects, to add or delete projects, to reflect the 911
impact of change orders, or to reflect the approval of new 912
revenue sources which may become available. The adopted district 913
educational facilities plan shall: 914
(a) Be a complete, balanced, and financially feasible 915
capital outlay financial plan for the district. 916
(b) Set forth the proposed commitments and planned 917
expenditures of the district to address the educational 918
facilities needs of its students and to adequately provide for 919
the maintenance of the educational plant and ancillary 920
facilities, including safe access ways from neighborhoods to 921
schools. 922
(6)(5) EXECUTION OF ADOPTED DISTRICT EDUCATIONAL 923
FACILITIES PLAN.—The first year of the adopted district 924
educational facilities plan shall constitute the capital outlay 925

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 38 of 64
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

budget required in s. 1013.61. The adopted district educational 926
facilities plan shall include the information required in 927
subparagraphs (2)(b)1., 2., and 3., based upon projects actually 928
funded in the plan. 929
Section 18. Section 1013.356, Florida Statutes, is amended 930
to read: 931
1013.356 Local funding for educational facilities benefit 932
districts or community development districts.—Upon confirmation 933
by a district school board of the commitment of revenues by an 934
educational facilities benefit district or community development 935
district necessary to construct and maintain an educational 936
facility contained within an individual district facilities work 937
program or proposed by an approved charter school or a charter 938
school applicant, the following funds shall be provided to the 939
educational facilities benefit district or community development 940
district annually, beginning with the next fiscal year after 941
confirmation until the district's financial obligations are 942
completed: 943
(1) All educational facilities impact fee revenue 944
collected for new development within the educational facilities 945
benefit district or community development district. Funds 946
provided under this subsection shall be used to fund the 947
construction and capital maintenance costs of educational 948
facilities. 949
(2) For construction and capital maintenance costs not 950

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 39 of 64
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

covered by the funds provided under subsection (1), an annual 951
amount contributed by the district school board equal to one-952
half of the remaining costs of construction and capital 953
maintenance of the educational facility. Any construction costs 954
above the cost-per-student criteria established in s. 955
1013.64(6)(b)1. shall be funded exclusively by the educational 956
facilities benefit district or the community development 957
district. Funds contributed by a district school board shall not 958
be used to fund operational costs. 959
960
Educational facilities funded pursuant to this act may be 961
constructed on land that is owned by any person after the 962
district school board has acquired from the owner of the land a 963
long-term lease for the use of this land for a period of not 964
less than 40 years or the life expectancy of the permanent 965
facilities constructed thereon, whichever is longer. All 966
interlocal agreements entered into pursuant to this act shall 967
provide for ownership of educational facilities funded pursuant 968
to this act to revert to the district school board if such 969
facilities cease to be used for public educational purposes 970
prior to 40 years after construction or prior to the end of the 971
life expectancy of the educational facilities, whichever is 972
longer. 973
Section 19. Subsection (5) of section 1013.37, Florida 974
Statutes, is renumbered as subsection (3), paragraphs (a) and 975

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 40 of 64
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

(e) of subsection (1) and subsections (2), (3), and (4) of that 976
section are amended to read: 977
1013.37 State uniform building code for public educational 978
facilities construction.— 979
(1) UNIFORM BUILDING CODE.—A uniform statewide building 980
code for the planning and construction of public educational and 981
ancillary plants by district school boards and Florida College 982
System institution district boards of trustees shall be adopted 983
by the Florida Building Commission within the Florida Building 984
Code, pursuant to s. 553.73. Included in this code must be flood 985
plain management criteria in compliance with the rules and 986
regulations in 44 C.F.R. parts 59 and 60, and subsequent 987
revisions thereto which are adopted by the Federal Emergency 988
Management Agency. It is also the responsibility of the 989
department to develop, as a part of the uniform building code, 990
standards relating to: 991
(a) Prefabricated facilities or factory-built facilities 992
that are designed to be portable, relocatable, demountable, or 993
reconstructible; are used primarily as classrooms; and do not 994
fall under the provisions of ss. 320.822-320.862. Such standards 995
must permit boards to contract with the Department of Business 996
and Professional Regulation for factory inspections by certified 997
building code inspectors to certify conformance with applicable 998
law and rules. The standards must comply with the requirements 999
of s. 1013.20 for relocatable facilities intended for long-term 1000

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 41 of 64
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

use as classroom space, and The relocatable facilities shall be 1001
designed subject to missile impact criteria of Section 1002
423(24)(d)(1) of the Florida Building Code when located in the 1003
windborne debris region. 1004
(e) The performance of life-cycle cost analyses on 1005
alternative architectural and engineering designs to evaluate 1006
their energy efficiencies. 1007
1. The life-cycle cost analysis must consist of the sum 1008
of: 1009
a. The reasonably expected fuel costs over the life of the 1010
building which are required to maintain illumination, water 1011
heating, temperature, humidity, ventilation, and all other 1012
energy-consuming equipment in a facility; and 1013
b. The reasonable costs of probable maintenance, including 1014
labor and materials, and operation of the building. 1015
2. For computation of the life-cycle costs, the department 1016
shall develop standards that must include, but need not be 1017
limited to: 1018
a. The orientation and integration of the facility with 1019
respect to its physical site. 1020
b. The amount and type of glass employed in the facility 1021
and the directions of exposure. 1022
c. The effect of insulation incorporated into the facility 1023
design and the effect on solar utilization of the properties of 1024
external surfaces. 1025

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 42 of 64
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

d. The variable occupancy and operating conditions of the 1026
facility and subportions of the facility. 1027
e. An energy-consumption analysis of the major equipment 1028
of the facility's heating, ventilating, and cooling system; 1029
lighting system; and hot water system and all other major 1030
energy-consuming equipment and systems as appropriate. 1031
3. Life-cycle cost criteria published by the Department of 1032
Education for use in evaluating projects. 1033
3.4. Standards for construction materials and systems 1034
based on life-cycle costs that consider initial costs, 1035
maintenance costs, custodial costs, operating costs, and life 1036
expectancy. The standards may include multiple acceptable 1037
materials. It is the intent of the Legislature to require 1038
district school boards to comply with these standards when 1039
expending funds from the Public Education Capital Outlay and 1040
Debt Service Trust Fund or the School District and Community 1041
College District Capital Outlay and Debt Service Trust Fund and 1042
to prohibit district school boards from expending local capital 1043
outlay revenues for any project that includes materials or 1044
systems that do not comply with these standards, unless the 1045
district school board submits evidence that alternative 1046
materials or systems meet or exceed standards developed by the 1047
department. 1048
1049
It is not a purpose of the Florida Building Code to inhibit the 1050

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 43 of 64
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

use of new materials or innovative techniques; nor may it 1051
specify or prohibit materials by brand names. The code must be 1052
flexible enough to cover all phases of construction so as to 1053
afford reasonable protection for the public safety, health, and 1054
general welfare. The department may secure the service of other 1055
state agencies or such other assistance as it finds desirable in 1056
recommending to the Florida Building Commission revisions to the 1057
code. 1058
(2) APPROVAL.— 1059
(a) Before a contract has been let for the construction, 1060
the department, the district school board, the Florida College 1061
System institution board, or its authorized review agent must 1062
approve the phase III construction documents. A district school 1063
board or a Florida College System institution board may reuse 1064
prototype plans on another site, provided the facilities list 1065
and phase III construction documents have been updated for the 1066
new site and for compliance with the Florida Building Code and 1067
the Florida Fire Prevention Code and any laws relating to 1068
firesafety, health and sanitation, casualty safety, and 1069
requirements for the physically handicapped which are in effect 1070
at the time a construction contract is to be awarded. 1071
(b) In reviewing plans for approval, the department, the 1072
district school board, the Florida College System institution 1073
board, or its review agent as authorized in s. 1013.38, shall 1074
take into consideration: 1075

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 44 of 64
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

1. The need for the new facility. 1076
2. The educational and ancillary plant planning. 1077
3. The architectural and engineering planning. 1078
4. The location on the site. 1079
5. Plans for future expansion. 1080
6. The type of construction. 1081
7. Sanitary provisions. 1082
8. Conformity to Florida Building Code standards. 1083
9. The structural design and strength of materials 1084
proposed to be used. 1085
10. The mechanical design of any heating, air-1086
conditioning, plumbing, or ventilating system. Typical heating, 1087
ventilating, and air-conditioning systems preapproved by the 1088
department for specific applications may be used in the design 1089
of educational facilities. 1090
11. The electrical design of educational plants. 1091
12. The energy efficiency and conservation of the design. 1092
13. Life-cycle cost considerations. 1093
14. The design to accommodate physically handicapped 1094
persons. 1095
15. The ratio of net to gross square footage. 1096
16. The proposed construction cost per gross square foot. 1097
17. Conformity with the Florida Fire Prevention Code. 1098
(c) The district school board or the Florida College 1099
System institution board may not occupy a facility until the 1100

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 45 of 64
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

project has been inspected to verify compliance with statutes, 1101
rules, and codes affecting the health and safety of the 1102
occupants. Verification of compliance with rules, statutes, and 1103
codes for nonoccupancy projects such as roofing, paving, site 1104
improvements, or replacement of equipment may be certified by 1105
the architect or engineer of record, and verification of 1106
compliance for other projects may be made by an inspector 1107
certified by the department or certified pursuant to chapter 468 1108
who is not the architect or engineer of record. The board shall 1109
maintain a record of the project's completion and permanent 1110
archive of phase III construction documents, including any 1111
addenda and change orders to the project. The boards shall 1112
provide project data to the department, as requested, for 1113
purposes and reports needed by the Legislature. 1114
(3) REVIEW PROCEDURE.—The Commissioner of Education shall 1115
cooperate with the Florida Building Commission in addressing all 1116
questions, disputes, or interpretations involving the provisions 1117
of the Florida Building Code which govern the construction of 1118
public educational and ancillary facilities, and any objections 1119
to decisions made by the inspectors or the department must be 1120
submitted in writing. 1121
(4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The 1122
department shall biennially review and recommend to the Florida 1123
Building Commission updates and revisions to the provisions of 1124
the Florida Building Code which govern the construction of 1125

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 46 of 64
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

public educational and ancillary facilities. The department 1126
shall publish and make available to each board at no cost copies 1127
of the State Requirements for Educational Facilities and each 1128
amendment and revision thereto. The department shall make 1129
additional copies available to all interested persons at a price 1130
sufficient to recover costs. 1131
Section 20. Paragraph (a) of subsection (1) and subsection 1132
(2) of section 1013.371, Florida Statutes, are amended to read: 1133
1013.371 Conformity to codes.— 1134
(1) CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE 1135
PREVENTION CODE REQUIRED FOR APPROVAL.— 1136
(a) Except as otherwise provided in paragraph (b), all 1137
public educational and ancillary plants constructed by a board 1138
must conform to the Florida Building Code and the Florida Fire 1139
Prevention Code, and the plants are exempt from all other state 1140
building codes; county, municipal, or other local amendments to 1141
the Florida Building Code and local amendments to the Florida 1142
Fire Prevention Code; building permits, and assessments of fees 1143
for building permits, except as provided in s. 553.80; 1144
ordinances; road closures; and impact fees or service 1145
availability fees. Any inspection by local or state government 1146
must be based on the Florida Building Code and the Florida Fire 1147
Prevention Code. Each board shall provide for periodic 1148
inspection of the proposed educational plant during each phase 1149
of construction to determine compliance with the Florida 1150

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 47 of 64
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

Building Code and, the Florida Fire Prevention Code, and the 1151
State Requirements for Educational Facilities. 1152
(2) ENFORCEMENT BY BOARD.—It is the responsibility of each 1153
board to ensure that all plans and educational and ancillary 1154
plants meet the standards of the Florida Building Code and the 1155
Florida Fire Prevention Code and to provide for the enforcement 1156
of these codes in the areas of its jurisdiction. Each board 1157
shall provide for the proper supervision and inspection of the 1158
work. Each board may employ a chief building official and such 1159
other inspectors, who have been certified pursuant to chapter 1160
468, and a fire official and such other inspectors, who have 1161
been certified pursuant to chapter 633, and such personnel as 1162
necessary to administer and enforce the provisions of such 1163
codes. Boards may also use local building department inspectors 1164
who are certified by the department to enforce the Florida 1165
Building Code and the State Requirements for Educational 1166
Facilities. Boards may also use local county, municipal, or 1167
independent special fire control district firesafety inspectors 1168
who are certified by the State Fire Marshal to conduct reviews 1169
of site plans and inspections and to enforce the Florida Fire 1170
Prevention Code. Plans or facilities that fail to meet the 1171
standards of the Florida Building Code or the Florida Fire 1172
Prevention Code may not be approved. When planning for and 1173
constructing an educational, auxiliary, or ancillary facility, a 1174
board must use construction materials and systems that meet 1175

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 48 of 64
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

standards adopted pursuant to s. 1013.37(1)(e)3. and 4. If the 1176
planned or actual construction of a facility deviates from the 1177
adopted standards, the board must, at a public hearing, quantify 1178
and compare the costs of constructing the facility with the 1179
proposed deviations and in compliance with the adopted standards 1180
and the Florida Building Code. The board must explain the reason 1181
for the proposed deviations and compare how the total 1182
construction costs and projected life-cycle costs of the 1183
facility or component system of the facility would be affected 1184
by implementing the proposed deviations rather than using 1185
materials and systems that meet the adopted standards. 1186
Section 21. Subsections (3) and (4) of section 1013.41, 1187
Florida Statutes, are amended to read: 1188
1013.41 SMART schools; Classrooms First; legislative 1189
purpose.— 1190
(3) SCHOOL DISTRICT EDUCATIONAL FACILITIES PLAN.—It is the 1191
purpose of the Legislature to create s. 1013.35, requiring each 1192
school district annually to adopt an educational facilities plan 1193
that provides an integrated long-range facilities plan, 1194
including the survey of projected needs and the 5-year work 1195
program. The purpose of the educational facilities plan is to 1196
keep the district school board, local governments, and the 1197
public fully informed as to whether the district is using sound 1198
policies and practices that meet the essential needs of students 1199
and that warrant public confidence in district operations. The 1200

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 49 of 64
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

educational facilities plan will be monitored by the department 1201
the Office of Educational Facilities, which will also apply 1202
performance standards pursuant to s. 1013.04. 1203
(4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of 1204
the Legislature to require the Office of Educational Facilities 1205
to assist school districts in building SMART schools utilizing 1206
functional and frugal practices. The Office of Educational 1207
Facilities must review district facilities work programs and 1208
projects and identify opportunities to maximize design and 1209
construction savings; develop school district facilities work 1210
program performance standards; and provide for review and 1211
recommendations to the Governor, the Legislature, and the State 1212
Board of Education. 1213
Section 22. Subsection (4) of section 1013.45, Florida 1214
Statutes, is amended to read: 1215
1013.45 Educational facilities contracting and 1216
construction techniques for school districts and Florida College 1217
System institutions.— 1218
(4) Except as otherwise provided in this section and s. 1219
481.229, the services of a registered architect must be used for 1220
the development of plans for the erection, enlargement, or 1221
alteration of any educational facility. The services of a 1222
registered architect are not required for a minor renovation 1223
project for which the construction cost is less than $50,000 or 1224
for the placement or hookup of relocatable educational 1225

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 50 of 64
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 that conform to standards adopted under s. 1013.37. 1226
However, boards must provide compliance with building code 1227
requirements and ensure that these structures are adequately 1228
anchored for wind resistance as required by law. A district 1229
school board shall reuse existing construction documents or 1230
design criteria packages if such reuse is feasible and 1231
practical. If a school district's 5-year educational facilities 1232
work plan includes the construction of two or more new schools 1233
for students in the same grade group and program, such as 1234
elementary, middle, or high school, the district school board 1235
must require that prototype design and construction be used for 1236
the construction of these schools. Notwithstanding s. 287.055, a 1237
board may purchase the architectural services for the design of 1238
educational or ancillary facilities under an existing contract 1239
agreement for professional services held by a district school 1240
board in the State of Florida, provided that the purchase is to 1241
the economic advantage of the purchasing board, the services 1242
conform to the standards prescribed by rules of the State Board 1243
of Education, and such reuse is not without notice to, and 1244
permission from, the architect of record whose plans or design 1245
criteria are being reused. Plans must be reviewed for compliance 1246
with the State Requirements for Educational Facilities. Rules 1247
adopted under this section must establish uniform 1248
prequalification, selection, bidding, and negotiation procedures 1249
applicable to construction management contracts and the design-1250

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 51 of 64
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

build process. This section does not supersede any small, woman-1251
owned, or minority-owned business enterprise preference program 1252
adopted by a board. Except as otherwise provided in this 1253
section, the negotiation procedures applicable to construction 1254
management contracts and the design-build process must conform 1255
to the requirements of s. 287.055. A board may not modify any 1256
rules regarding construction management contracts or the design-1257
build process. 1258
Section 23. Section 1013.451, Florida Statutes, is 1259
repealed. 1260
Section 24. Paragraph (a) of subsection (3) of section 1261
1013.62, Florida Statutes, is amended to read: 1262
1013.62 Charter schools capital outlay funding.— 1263
(3) If the school board levies the discretionary millage 1264
authorized in s. 1011.71(2), the department shall use the 1265
following calculation methodology to determine the amount of 1266
revenue that a school district must distribute to each eligible 1267
charter school: 1268
(a) Reduce the total discretionary millage revenue by the 1269
school district's annual debt service obligation incurred as of 1270
March 1, 2017, which has not been subsequently retired, and any 1271
amount of participation requirement pursuant to s. 1272
1013.64(2)(a)5. s. 1013.64(2)(a)8. that is being satisfied by 1273
revenues raised by the discretionary millage. 1274
1275

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 52 of 64
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

By October 1 of each year, each school district shall certify to 1276
the department the amount of debt service and participation 1277
requirement that complies with the requirement of paragraph (a) 1278
and can be reduced from the total discretionary millage revenue. 1279
The Auditor General shall verify compliance with the 1280
requirements of paragraph (a) and s. 1011.71(2)(e) during 1281
scheduled operational audits of school districts. 1282
Section 25. Paragraph (e) of subsection (1), paragraphs 1283
(a) and (b) of subsection (2), paragraphs (b) and (d) of 1284
subsection (3), paragraph (b) of subsection (5), and paragraphs 1285
(b) and (d) of subsection (6) of section 1013.64, Florida 1286
Statutes, are amended to read: 1287
1013.64 Funds for comprehensive educational plant needs; 1288
construction cost maximums for school district capital 1289
projects.—Allocations from the Public Education Capital Outlay 1290
and Debt Service Trust Fund to the various boards for capital 1291
outlay projects shall be determined as follows: 1292
(1) 1293
(e) Remodeling projects shall be based on the 1294
recommendations of a survey pursuant to s. 1013.31 or, for 1295
district school boards, as indicated by the relative need as the 1296
capital outlay full-time equivalent enrollment in the district. 1297
(2)(a) The department shall establish, as a part of the 1298
Public Education Capital Outlay and Debt Service Trust Fund, a 1299
separate account, in an amount determined by the Legislature, to 1300

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 53 of 64
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

be known as the "Special Facility Construction Account." The 1301
Special Facility Construction Account shall be used to provide 1302
necessary construction funds to school districts which have 1303
urgent construction needs but which lack sufficient resources at 1304
present, and cannot reasonably anticipate sufficient resources 1305
within the period of the next 3 years, for these purposes from 1306
currently authorized sources of capital outlay revenue. A school 1307
district requesting funding from the Special Facility 1308
Construction Account shall submit one specific construction 1309
project, not to exceed one complete educational plant, to the 1310
Special Facility Construction Committee. A district may not 1311
receive funding for more than one approved project in any 3-year 1312
period or while any portion of the district's participation 1313
requirement is outstanding. The first year of the 3-year period 1314
shall be the first year a district receives an appropriation. 1315
The department shall encourage a construction program that 1316
reduces the average size of schools in the district. The request 1317
must meet the following criteria to be considered by the 1318
committee: 1319
1. The project must be deemed a critical need and must be 1320
recommended for funding by the Special Facility Construction 1321
Committee. Before developing construction plans for the proposed 1322
facility, the district school board must request a 1323
preapplication review by the Special Facility Construction 1324
Committee or a project review subcommittee convened by the chair 1325

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 54 of 64
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

of the committee to include two representatives of the 1326
department and two staff members from school districts not 1327
eligible to participate in the program. A school district may 1328
request a preapplication review at any time; however, if the 1329
district school board seeks inclusion in the department's next 1330
annual capital outlay legislative budget request, the 1331
preapplication review request must be made before February 1. 1332
Within 90 days after receiving the preapplication review 1333
request, the committee or subcommittee must meet in the school 1334
district to review the project proposal and existing facilities. 1335
To determine whether the proposed project is a critical need, 1336
the committee or subcommittee shall consider, at a minimum, the 1337
capacity of all existing facilities within the district as 1338
determined by the Florida Inventory of School Houses; the 1339
district's pattern of student growth; the district's existing 1340
and projected capital outlay full-time equivalent student 1341
enrollment as determined by the demographic, revenue, and 1342
education estimating conferences established in s. 216.136; the 1343
district's existing satisfactory student stations; the use of 1344
all existing district property and facilities; grade level 1345
configurations; and any other information that may affect the 1346
need for the proposed project. 1347
2. The construction project must be recommended in the 1348
most recent survey or survey amendment cooperatively prepared by 1349
the district and the department, and approved by the department 1350

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 55 of 64
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

under the rules of the State Board of Education. If a district 1351
employs a consultant in the preparation of a survey or survey 1352
amendment, the consultant may not be employed by or receive 1353
compensation from a third party that designs or constructs a 1354
project recommended by the survey. 1355
2.3. The construction project must appear on the 1356
district's approved project priority list under the rules of the 1357
State Board of Education. 1358
3.4. The district must have selected and had approved a 1359
site for the construction project in compliance with s. 1013.36 1360
and the rules of the State Board of Education. 1361
5. The district shall have developed a district school 1362
board adopted list of facilities that do not exceed the norm for 1363
net square feet occupancy requirements under the State 1364
Requirements for Educational Facilities, using all possible 1365
programmatic combinations for multiple use of space to obtain 1366
maximum daily use of all spaces within the facility under 1367
consideration. 1368
6. Upon construction, the total cost per student station, 1369
including change orders, must not exceed the cost per student 1370
station as provided in subsection (6) unless approved by the 1371
Special Facility Construction Committee. At the discretion of 1372
the committee, costs that exceed the cost per student station 1373
for special facilities may include legal and administrative 1374
fees, the cost of site improvements or related offsite 1375

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 56 of 64
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

improvements, the cost of complying with public shelter and 1376
hurricane hardening requirements, cost overruns created by a 1377
disaster as defined in s. 252.34(2), costs of security 1378
enhancements approved by the school safety specialist, and 1379
unforeseeable circumstances beyond the district's control. 1380
4.7. There shall be an agreement signed by the district 1381
school board stating that it will advertise for bids within 30 1382
days of receipt of its encumbrance authorization from the 1383
department. 1384
5.8. For construction projects for which Special 1385
Facilities Construction Account funding is sought before the 1386
2019-2020 fiscal year, the district shall, at the time of the 1387
request and for a continuing period necessary to meet the 1388
district's participation requirement, levy the maximum millage 1389
against its nonexempt assessed property value as allowed in s. 1390
1011.71(2) or shall raise an equivalent amount of revenue from 1391
the school capital outlay surtax authorized under s. 212.055(6). 1392
Beginning with construction projects for which Special 1393
Facilities Construction Account funding is sought in the 2019-1394
2020 fiscal year, the district shall, for a minimum of 3 years 1395
before submitting the request and for a continuing period 1396
necessary to meet its participation requirement, levy the 1397
maximum millage against the district's nonexempt assessed 1398
property value as authorized under s. 1011.71(2) or shall raise 1399
an equivalent amount of revenue from the school capital outlay 1400

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 57 of 64
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

surtax authorized under s. 212.055(6). Any district with a new 1401
or active project, funded under the provisions of this 1402
subsection, shall be required to budget no more than the value 1403
of 1 mill per year to the project until the district's 1404
participation requirement relating to the local discretionary 1405
capital improvement millage or the equivalent amount of revenue 1406
from the school capital outlay surtax is satisfied. 1407
6.9. If a contract has not been signed 90 days after the 1408
advertising of bids, the funding for the specific project shall 1409
revert to the Special Facility New Construction Account to be 1410
reallocated to other projects on the list. However, an 1411
additional 90 days may be granted by the commissioner. 1412
7.10. The department shall certify the inability of the 1413
district to fund the survey-recommended project over a 1414
continuous 3-year period using projected capital outlay revenue 1415
derived from s. 9(d), Art. XII of the State Constitution, as 1416
amended, paragraph (3)(a) of this section, and s. 1011.71(2). 1417
8.11. The district shall have on file with the department 1418
an adopted resolution acknowledging its commitment to satisfy 1419
its participation requirement, which is equivalent to all 1420
unencumbered and future revenue acquired from s. 9(d), Art. XII 1421
of the State Constitution, as amended, paragraph (3)(a) of this 1422
section, and s. 1011.71(2), in the year of the initial 1423
appropriation and for the 2 years immediately following the 1424
initial appropriation. 1425

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 58 of 64
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

9.12. Phase I plans must be approved by the district 1426
school board as being in compliance with the building and life 1427
safety codes before June 1 of the year the application is made. 1428
(b) The Special Facility Construction Committee shall be 1429
composed of the following: one representative two 1430
representatives of the Department of Education, a representative 1431
from the Governor's office, a representative of the Legislature, 1432
a representative selected annually by the district school boards 1433
who is from a school district that is not eligible for special 1434
facility funding, and a representative selected annually by the 1435
superintendents who is from a school district that is not 1436
eligible for special facility funding. A representative of the 1437
department shall chair the committee. 1438
(3) 1439
(b) The capital outlay full-time equivalent membership 1440
shall be determined by counting the reported unweighted full-1441
time equivalent student membership for the second and third 1442
surveys with each survey limited to 0.5 full-time equivalent 1443
student membership per student and comparing the results on a 1444
school-by-school basis with the Florida Inventory of School 1445
Houses. 1446
(d) Funds accruing to a district school board from the 1447
provisions of this section shall be expended on needed projects 1448
as shown by survey or surveys under the rules of the State Board 1449
of Education. 1450

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 59 of 64
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

(5) District school boards shall identify each fund source 1451
and the use of each proportionate to the project cost, as 1452
identified in the bid document, to assure compliance with this 1453
section. The data shall be submitted to the department, which 1454
shall track this information as submitted by the boards. PECO 1455
funds shall not be expended as indicated in the following: 1456
(b) PECO funds shall not be used for the construction of 1457
football fields, bleachers, site lighting for athletic 1458
facilities, tennis courts, stadiums, racquetball courts, or any 1459
other competition-type facilities not required for physical 1460
education curriculum. Regional or intradistrict football 1461
stadiums may be constructed with these funds provided a minimum 1462
of two high schools and two middle schools are assigned to the 1463
facility and the stadiums are survey recommended. Sophisticated 1464
auditoria shall be limited to magnet performing arts schools, 1465
with all other schools using basic lighting and sound systems as 1466
determined by rule. Local funds shall be used for enhancement of 1467
athletic and performing arts facilities. 1468
(6) 1469
(b)1. A district school board may not use funds from the 1470
following sources: Public Education Capital Outlay and Debt 1471
Service Trust Fund; School District and Community College 1472
District Capital Outlay and Debt Service Trust Fund; Classrooms 1473
First Program funds provided in s. 1013.68; nonvoted 1.5-mill 1474
levy of ad valorem property taxes provided in s. 1011.71(2); 1475

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 60 of 64
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

Classrooms for Kids Program funds provided in s. 1013.735; 1476
District Effort Recognition Program funds provided in s. 1477
1013.736; or High Growth District Capital Outlay Assistance 1478
Grant Program funds provided in s. 1013.738 to pay for any 1479
portion of the cost of any new construction of educational plant 1480
space with a total cost per student station, including change 1481
orders, which exceeds: 1482
a. $17,952 for an elementary school; 1483
b. $19,386 for a middle school; or 1484
c. $25,181 for a high school, 1485
1486
(January 2006) as adjusted annually to reflect increases or 1487
decreases using a construction specific market index in the 1488
Consumer Price Index. The department, in conjunction with the 1489
Office of Economic and Demographic Research, shall review and 1490
adjust the cost per student station limits to reflect actual 1491
construction costs by January 1, 2020, and annually thereafter. 1492
The adjusted cost per student station shall be used by the 1493
department for computation of the statewide average costs per 1494
student station for each instructional level pursuant to 1495
paragraph (d). The department shall also collaborate with the 1496
Office of Economic and Demographic Research to select an 1497
industry-recognized construction index to replace the Consumer 1498
Price Index by January 1, 2020, adjusted annually to reflect 1499
changes in the construction index. 1500

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 61 of 64
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

2. School districts shall maintain accurate documentation 1501
related to the costs of all new construction of educational 1502
plant space reported to the Department of Education pursuant to 1503
paragraph (d). The Auditor General shall review the 1504
documentation maintained by the school districts and verify 1505
compliance with the limits under this paragraph during its 1506
scheduled operational audits of the school district. 1507
3. Except for educational facilities and sites subject to 1508
a lease-purchase agreement entered pursuant to s. 1011.71(2)(e) 1509
or funded solely through local impact fees, in addition to the 1510
funding sources listed in subparagraph 1., a district school 1511
board may not use funds from any sources for new construction of 1512
educational plant space with a total cost per student station, 1513
including change orders, which equals more than the current 1514
adjusted amounts provided in sub-subparagraphs 1.a.-c. However, 1515
if a contract has been executed for architectural and design 1516
services or for construction management services before July 1, 1517
2017, a district school board may use funds from any source for 1518
the new construction of educational plant space and such funds 1519
are exempt from the total cost per student station requirements. 1520
4. A district school board must not use funds from the 1521
Public Education Capital Outlay and Debt Service Trust Fund or 1522
the School District and Community College District Capital 1523
Outlay and Debt Service Trust Fund for any new construction of 1524
an ancillary plant that exceeds 70 percent of the average cost 1525

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 62 of 64
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

per square foot of new construction for all schools. 1526
(d) The department shall: 1527
1. Compute for each calendar year the statewide average 1528
construction costs for facilities serving each instructional 1529
level, for relocatable educational facilities, for 1530
administrative facilities, and for other ancillary and auxiliary 1531
facilities. The department shall compute the statewide average 1532
costs per student station for each instructional level. 1533
2. Annually review the actual completed construction costs 1534
of educational facilities in each school district. For any 1535
school district in which the total actual cost per student 1536
station, including change orders, exceeds the statewide limits 1537
established in paragraph (b), the school district shall report 1538
to the department the actual cost per student station and the 1539
reason for the school district's inability to adhere to the 1540
limits established in paragraph (b). The department shall 1541
collect all such reports and shall provide these reports to the 1542
Auditor General for verification purposes. 1543
1544
Cost per student station includes contract costs, fees of 1545
architects and engineers, and the cost of furniture and 1546
equipment. Cost per student station does not include the cost of 1547
purchasing or leasing the site for the construction, legal and 1548
administrative costs, or the cost of related site or offsite 1549
improvements. Cost per student station also does not include the 1550

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 63 of 64
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

cost for securing entries, checkpoint construction, lighting 1551
specifically designed for entry point security, security 1552
cameras, automatic locks and locking devices, electronic 1553
security systems, fencing designed to prevent intruder entry 1554
into a building, bullet-proof glass, or other capital 1555
construction items approved by the school safety specialist to 1556
ensure building security for new educational, auxiliary, or 1557
ancillary facilities. 1558
Section 26. Subsection (6) of section 1013.68, Florida 1559
Statutes, is amended to read: 1560
1013.68 Classrooms First Program; uses.— 1561
(6) School districts may enter into interlocal agreements 1562
to lend their Classrooms First Program funds as provided in 1563
paragraph (2)(c). A school district or multiple school districts 1564
that receive cash proceeds may, after considering their own new 1565
construction needs outlined in their 5-year district facilities 1566
work program, lend their Classrooms First Program funds to 1567
another school district that has need for new facilities. The 1568
interlocal agreement must be approved by the Commissioner of 1569
Education and must outline the amount of the funds to be lent, 1570
the term of the loan, the repayment schedule, and any interest 1571
amount to be repaid in addition to the principal amount of the 1572
loan. 1573
Section 27. Paragraph (b) of subsection (3) of section 1574
1013.735, Florida Statutes, is amended to read: 1575

HB 1321 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1321-00
Page 64 of 64
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

1013.735 Classrooms for Kids Program.— 1576
(3) USE OF FUNDS.—In order to increase capacity to reduce 1577
class size, a district school board shall expend the funds 1578
received pursuant to this section only to: 1579
(b) Purchase or lease-purchase relocatable facilities that 1580
are in excess of relocatables identified in the district's 5-1581
year work program adopted prior to March 15, 2003. 1582
Section 28. This act shall take effect July 1, 2026. 1583