Private Schools

Education Land

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Calatayud
Last action: 2026-03-13
Official status: Senate - Died in Education Pre-K - 12
Effective date: 2026-07-01

Plain English Breakdown

Checked against official source text during the last sync.

Private Schools Zoning and Safety Requirements

This bill changes zoning rules for private schools with up to 150 students and sets fire safety standards for these schools.

What This Bill Does

Makes private schools enrolling up to 150 students a permitted use in all zoning districts except residential ones, without needing special permission or meeting extra requirements.
Allows private schools with up to 150 students to operate in buildings that meet certain occupancy codes and exempts them from additional health, safety, and welfare laws beyond those for similar occupancies.
Requires local fire officials to use specific fire safety evaluation systems for existing facilities when assessing these private schools.
Revises fire code requirements for new or relocated private schools with up to 150 students, including installing automatic sprinkler systems in certain areas.

Who It Names or Affects

Private schools enrolling up to 150 students
Local zoning and building authorities

Terms To Know

Permitted use: A type of business or activity that is allowed in a specific area without needing special permission.
Occupancy requirements: Rules about how buildings can be used based on their size and purpose, such as schools or stores.

Limits and Unknowns

The bill only applies to private schools with up to 150 students.
It does not specify what happens if a school exceeds the student limit of 150.

Bill History

2026-03-13 Senate
• Died in Education Pre-K - 12
2026-02-10 Senate
• Favorable by Community Affairs; YEAS 8 NAYS 0 • Now in Education Pre-K - 12
2026-02-05 Senate
• On Committee agenda-- Community Affairs, 02/10/26, 3:00 pm, 37 Senate Building
2026-01-13 Senate
• Introduced
2026-01-12 Senate
• Referred to Community Affairs; Education Pre-K - 12; Rules
2026-01-06 Senate
• Filed

Official Summary Text

Private Schools; Requiring a private school that enrolls a certain number of students to be considered a permitted use for zoning purposes; providing that certain private schools may not be subject to additional building codes; requiring a fire official to use specified firesafety evaluation systems for existing private school facilities; providing that certain private schools are subject to specified fire code requirements, etc.

Current Bill Text

Read the full stored bill text

Florida Senate
-
2026

SB 1264

By
Senator Calatayud

38-00844A-26 20261264__
1 A bill to be entitled
2 An act relating to private schools; amending s.
3 1002.42, F.S.; requiring a private school that enrolls
4 a certain number of students to be considered a
5 permitted use for zoning purposes; providing that
6 certain private schools may not be subject to
7 additional building codes; requiring a fire official
8 to use specified firesafety evaluation systems for
9 existing private school facilities; providing that
10 certain private schools are subject to specified fire
11 code requirements; requiring that a sprinkler system
12 that meets specified requirements be installed for
13 certain private schools; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (d) is added to subsection (19) of
18 section 1002.42, Florida Statutes, to read:
19 1002.42 Private schools.—
20 (19) FACILITIES.—
21
(d)
1.
A private school enrolling 150 or fewer students
is

22
considered a permitted use in all zoning districts,
except

23
residential districts, within a county or
a
municipality without

24
rezoning or obtaining a special exception or a land use change

25
and without complying with any mitigation requirements,

26
conditions, performance standards, ordinances, rules, codes, or

27
policies.

28
2.
A private school enrolling 150 or fewer students may

29
operate in a facility that is subject to and complies with the

30
same occupancy requirements as a class A-1, A-3, B, or M

31
occupancy as defined by the Florida Building Code and
may
not be

32
subjected to any additional state
or
local health, safety,
or

33
welfare laws, codes,
or
rules beyond those applicable to a class

34
A-1, A-3, B, or M occupancy facility.

35
3.
The local fire official
shall
use the firesafety

36
evaluation systems found in NFPA 101A: Guide on Alternative

37
Approaches to Life Safety for existing facilities as low

cost,

38
reasonable alternatives to firesafety evaluation system

39
standards.

40
4.
A private school enrolling 150 or fewer students opening

41
inside, or moving operations to, an existing assembly, day care,

42
mercantile, or business occupancy, as defined by the Florida

43
Fire Prevention Code,
must
meet standards for existing

44
educational occupancy requirements under chapter 15 of the

45
Florida Fire Prevention Code for automatic sprinkler
,
detection,

46
alarm,
and
communications systems and requirements for hazardous

47
areas, except that an automatic sprinkler system
must
be

48
provided for educational occupancies as follows:

49
a.
Throughout all
G
roup
E
fire areas
greater than 12,000

50
square feet, as defined by the International Building Code
.

51
b
.
Throughout every portion of educational buildings below

52
the level of exit discharge.

53
c
.
A
n automatic sprinkler system is not required in any

54
fire area or area below the level of exit discharge where every

55
classroom throughout the building has
at least
one exterior exit

56
door at ground level without intervening corridors, passageways,

57
interior exit stairways or ramps
,
or exit passageways.

58 Section 2. This act shall take effect July 1, 2026.