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CS/CS/HB 1437 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to conversion charter schools; 2
amending s. 1002.33, F.S.; providing that specified 3
mediation requirements apply to disputes between a 4
district school board and conversion charter school 5
regarding mutual management plans; amending s. 6
1013.62, F.S.; authorizing conversion charter schools 7
that meet specified criteria to be eligible for 8
capital outlay funding; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Paragraph (a) of subsection (18) of section 13
1002.33, Florida Statutes, is amended to read: 14
1002.33 Charter schools.— 15
(18) FACILITIES.— 16
(a)1. A startup charter school shall utilize facilities 17
which comply with the Florida Building Code pursuant to chapter 18
553 except for the State Requirements for Educational 19
Facilities. Conversion charter schools shall utilize facilities 20
that comply with the State Requirements for Educational 21
Facilities provided that the school district and the charter 22
school have entered into a mutual management plan for the 23
reasonable maintenance of such facilities. The mutual management 24
plan shall contain a provision by which the district school 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
board agrees to maintain charter school facilities in the same 26
manner as its other public schools within the district. Any 27
dispute regarding the mutual management plan shall be resolved 28
pursuant to paragraph (7)(b). Charter schools, with the 29
exception of conversion charter schools, are not required to 30
comply, but may choose to comply, with the State Requirements 31
for Educational Facilities of the Florida Building Code adopted 32
pursuant to s. 1013.37. 33
2. The local governing authority may not adopt, impose, or 34
enforce any local building requirements, site-development 35
restrictions, or operational requirements that impact parking 36
and site-size criteria, student enrollment and capacity, hours 37
of operation, and occupant load: 38
a. That are addressed by and more stringent than those 39
found in the State Requirements for Educational Facilities of 40
the Florida Building Code; or 41
b. That are not uniformly imposed or enforced by the local 42
governing authority upon public schools within the jurisdiction 43
of the local governing authority. 44
3. A local governing authority must treat charter schools 45
equitably in comparison to similar requirements, restrictions, 46
and site planning processes imposed upon public schools that are 47
not charter schools, including such provisions that are 48
established by interlocal agreement, development order, or 49
development permit. An interlocal agreement entered into by a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
school district for the development of only its own schools, 51
including provisions relating to the extension of 52
infrastructure, may be used by charter schools. A charter school 53
may not be subject to any land use regulation requiring a change 54
to a local government comprehensive plan or requiring a 55
development order or development permit, as those terms are 56
defined in s. 163.3164, or any requirement or restriction that 57
would not be required for a public or private school in the same 58
location or a location on which a public or private school has 59
previously been permitted. A local governing authority may not 60
apply or enforce a condition against a charter school unless the 61
condition is uniformly applied to other public schools within 62
the jurisdiction of the local governing authority and the 63
charter school is located on property that is the subject of a 64
previously approved development order or development permit, and 65
if such development order or development permit contains 66
conditions applicable to the construction or operation of a 67
public or private school, including, but not limited to: 68
a. Limits on the number of students; 69
b. Limits on the number of teachers; 70
c. Limits on the number of classrooms; 71
d. Limits on the hours of operation; 72
e. Minimum outdoor recreation area; or 73
f. Requirements to conform to a prior plan of development. 74
4. The agency having jurisdiction for inspection of a 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facility and issuance of a certificate of occupancy or use shall 76
be the local municipality or, if in an unincorporated area, the 77
county governing authority. A charter school that meets the 78
requirements of state law consistent with the requirements of 79
this subsection shall be administratively approved by the local 80
governing authority. If a local governing authority refuses to 81
comply with this subsection, the aggrieved school or entity has 82
an immediate right to bring an action in circuit court to 83
enforce its rights. An aggrieved party that prevails in such an 84
action may be awarded attorney fees and court costs. 85
Section 2. Subsection (1) of section 1013.62, Florida 86
Statutes, is amended to read: 87
1013.62 Charter schools capital outlay funding.— 88
(1) Charter school capital outlay funding shall consist of 89
state funds when such funds are appropriated in the General 90
Appropriations Act and revenue resulting from the discretionary 91
millage authorized in s. 1011.71(2). 92
(a) To be eligible to receive capital outlay funds, a 93
charter school must: 94
1.a. Have been in operation for 2 or more years; 95
b. Be governed by a governing board established in the 96
state for 2 or more years which operates both charter schools 97
and conversion charter schools within the state; 98
c. Be an expanded feeder chain of a charter school within 99
the same school district that is currently receiving charter 100
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school capital outlay funds; 101
d. Have been accredited by a regional accrediting 102
association as defined by State Board of Education rule; 103
e. Serve students in facilities that are provided by a 104
business partner for a charter school-in-the-workplace pursuant 105
to s. 1002.33(15)(b); or 106
f. Be operated by a hope operator pursuant to s. 1002.333. 107
2. Have an annual audit that does not reveal any of the 108
financial emergency conditions provided in s. 218.503(1) for the 109
most recent fiscal year for which such audit results are 110
available. 111
3. Have not earned two consecutive grades of "F," three 112
consecutive grades below a "C," or two consecutive school 113
improvement ratings of "Unsatisfactory." 114
4. Have received final approval from its sponsor pursuant 115
to s. 1002.33 for operation during that fiscal year. 116
5.a. Serve students in facilities that are not provided by 117
the charter school's sponsor; or 118
b. Serve students in facilities that are provided by the 119
charter school's sponsor if the charter school is a conversion 120
charter school that: 121
(I) Has entered into a mutual management plan under which 122
the conversion charter school is fully responsible for the 123
repair and maintenance of the facility for the duration of the 124
charter; and 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(II) Agrees to use the funds provided pursuant to this 126
section solely for the renovation, repair, and maintenance of 127
such facility. 128
6. Attest in writing to the department that if the charter 129
school is nonrenewed or terminated, any unencumbered funds and 130
all equipment and property purchased with public funds shall 131
revert pursuant to subsection (5). 132
(b) A charter school is not eligible to receive capital 133
outlay funds if: 134
1. It was created by the conversion of a public school and 135
operates in facilities provided by the charter school's sponsor 136
for a nominal fee, or at no charge, or if it is directly or 137
indirectly operated by the school district, unless the 138
conversion charter school meets the requirements of sub-sub-139
subparagraphs (a)5.b.(I) and (II); 140
2. It is a developmental research (laboratory) school that 141
receives state funding for capital improvement purposes pursuant 142
to s. 1002.32(9)(d); 143
3. A member of the governing board, or his or her family 144
member as defined in s. 440.13(1)(b), has an interest in or is 145
an employee of the lessor, excluding charter schools operating 146
pursuant to s. 1002.33(15); or 147
4. It is a Florida College System institution or state 148
university sponsored charter school that receives state funding 149
for capital improvement purposes pursuant to s. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1002.33(17)(b)2.d. 151
Section 3. This act shall take effect July 1, 2026. 152