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A bill to be entitled

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An act relating to intergovernmental cooperation; amending

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s. 163.01, F.S.; authorizing parties to an interlocal

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agreement to provide for the use or maintenance of

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facilities or equipment; amending s. 1003.02, F.S.;

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authorizing district school boards to perform certain

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functions by means of an interlocal agreement; amending s.

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1006.261, F.S.; providing for use of school buses for

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additional public purposes; providing for reimbursement

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and indemnification; providing an effective date.

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     WHEREAS, s. 187.201(20), Florida Statutes, provides that it

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is a goal of the state that Florida governments economically and

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efficiently provide the amount and quality of services required

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by the public and that it is a policy of the state to encourage

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greater cooperation between, among, and within all levels of

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Florida government through the use of appropriate interlocal

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agreements and mutual participation for mutual benefit, and

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     WHEREAS, s. 163.3177(12), Florida Statutes, relating to

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public school facilities elements of local government

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comprehensive plans, states, in pertinent part, that local

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governments must accomplish analyses of problems and

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opportunities for existing schools and schools anticipated in the

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future; analyses of opportunities to collocate future schools

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with other public facilities, such as parks, libraries, and

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community centers; and analyses of the need for supporting public

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facilities for existing and future schools, and

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     WHEREAS, s. 163.31777, Florida Statutes, relating to public

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schools interlocal agreements, states, in part, that the county

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and municipalities located within the geographic area of a school

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district shall enter into an interlocal agreement with the

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district school board which jointly establishes the specific ways

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in which the plans and processes of the district school board and

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the local governments are to be coordinated, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (6) of section 163.01, Florida

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Statutes, is amended to read:

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     163.01  Florida Interlocal Cooperation Act of 1969.--

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     (6)  An interlocal agreement may provide for one or more

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parties to the agreement to administer or execute the agreement.

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One or more parties to the agreement may agree to provide all or

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a part of the services set forth in the agreement in the manner

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provided in the agreement. The parties may provide for the mutual

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exchange of services without payment of any contribution other

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than such services. The parties may provide for the use or

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maintenance of facilities or equipment of another party on a

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cost-reimbursement basis or on the basis of educational benefits

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received by the employees of a party or students of the public

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agency.

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     Section 2.  Paragraphs (e) and (f) of subsection (1) of

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section 1003.02, Florida Statutes, are amended to read:

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     1003.02  District school board operation and control of

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public K-12 education within the school district.--As provided in

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part II of chapter 1001, district school boards are

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constitutionally and statutorily charged with the operation and

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control of public K-12 education within their school district.

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The district school boards must establish, organize, and operate

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their public K-12 schools and educational programs, employees,

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and facilities. Their responsibilities include staff development,

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public K-12 school student education including education for

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exceptional students and students in juvenile justice programs,

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special programs, adult education programs, and career education

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programs. Additionally, district school boards must:

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     (1)  Provide for the proper accounting for all students of

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school age, for the attendance and control of students at school,

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and for proper attention to health, safety, and other matters

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relating to the welfare of students in the following fields:

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     (e)  Transportation.--Make provision for the transportation

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of students to the public schools or school activities they are

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required or expected to attend, efficiently and economically, in

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accordance with the requirements of chapter 1006, which function

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may be accomplished, in whole or part, by means of an interlocal

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agreement under s. 163.01.

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     (f)  Facilities and school plant.--

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     1.  Approve and adopt a districtwide school facilities

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program, in accordance with the requirements of chapter 1013.

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     2.  Approve plans for locating, planning, constructing,

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sanitating, insuring, maintaining, protecting, and condemning

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school property as prescribed in chapter 1013.

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     3.  Approve and adopt a districtwide school building

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program.

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     4.  Select and purchase school sites, playgrounds, and

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recreational areas located at centers at which schools are to be

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constructed, of adequate size to meet the needs of projected

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students to be accommodated.

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     5.  Approve the proposed purchase of any site, playground,

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or recreational area for which school district funds are to be

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used.

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     6.  Expand existing sites.

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     7. Rent buildings when necessary, which function may be

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accomplished, in whole or part, by means of an interlocal

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agreement under s. 163.01.

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     8.  Enter into leases or lease-purchase arrangements, in

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accordance with the requirements and conditions provided in s.

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1013.15(2).

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     9.  Provide for the proper supervision of construction.

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     10.  Make or contract for additions, alterations, and

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repairs on buildings and other school properties.

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     11.  Ensure that all plans and specifications for buildings

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provide adequately for the safety and well-being of students, as

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well as for economy of construction.

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     12.  Provide adequately for the proper maintenance and

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upkeep of school plants, which function may be accomplished, in

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whole or part, by means of an interlocal agreement under s.

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163.01.

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     13.  Carry insurance on every school building in all school

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plants including contents, boilers, and machinery, except

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buildings of three classrooms or less which are of frame

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construction and located in a tenth class public protection zone

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as defined by the Florida Inspection and Rating Bureau, and on

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all school buses and other property under the control of the

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district school board or title to which is vested in the district

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school board, except as exceptions may be authorized under rules

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of the State Board of Education.

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     14.  Condemn and prohibit the use for public school purposes

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of any building under the control of the district school board.

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     Section 3.  Paragraph (a) of subsection (1) and paragraph

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(a) of subsection (2) of section 1006.261, Florida Statutes, are

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amended to read:

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     1006.261  Use of school buses for public purposes.--

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     (1)(a)  Each district school board may enter into agreements

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with the governing body of a county or municipality in the school

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district or any state agency or agencies established or

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identified to assist in the provision of public transportation

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and other public purposes, including, but not limited to,

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providing for the needs of the transportation disadvantaged, as

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defined in s. 427.011, including, but not limited to, the

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elderly, pursuant to Pub. L. No. 89-73, as amended, for the use

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of the school buses of the school district by departments,

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boards, commissions, or officers of such county or municipality

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or of the state for county, municipal, or state purposes,

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including, but not limited to, transportation of the

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transportation disadvantaged or other public purposes. Each such

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agreement shall provide for reimbursement of the district school

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board, in full or in part, for the proportionate share of fixed

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and operating costs incurred by the district school board

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attributable to the use of the buses pursuant to the agreement or

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attributable to the maintenance or other activities conducted by

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the district school board.

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     (2)(a)  The governing body or state agency or agencies

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established or identified pursuant to Pub. L. No. 89-73, or the

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nonprofit corporation or nonprofit civic organization or group,

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or an agency established or identified to assist the

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transportation disadvantaged as defined in s. 427.011, or a

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public agency otherwise receiving services from a district school

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board shall indemnify and hold harmless the district school board

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from any and all liability by virtue of the use of the buses

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pursuant to an agreement authorized by this section.

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     Section 4.  This act shall take effect upon becoming a law.