Florida Senate - 2012 SB 808
By Senator Norman
12-00698-12 2012808__
1 A bill to be entitled
2 An act relating to the use of public school grounds
3 and facilities; providing that a public school that
4 substantially implements specified public uses of its
5 grounds or facilities is not liable for personal
6 injury or property damage unless the injury or damage
7 is due to gross negligence; defining the term “gross
8 negligence”; amending s. 810.097, F.S.; providing that
9 a student who is not under suspension or expulsion and
10 who is on a public school’s grounds or facilities for
11 the purpose of engaging in physical fitness or
12 recreation does not commit a trespass; revising the
13 definition of the term “school” to conform to changes
14 made by the act; amending s. 1013.10, F.S.; providing
15 legislative findings and intent; providing
16 definitions; authorizing a district school board to
17 permit the use of public school facilities and grounds
18 for physical fitness and recreation; encouraging each
19 district school board to enter into a joint use
20 agreement that provides local community access to a
21 public school’s grounds and facilities for physical
22 fitness and recreation; requiring that each district
23 school board provide public access to public school
24 playgrounds, courts, tracks, and fields; providing
25 that access points to public school recreation
26 facilities may be locked during regular school hours,
27 but may not be locked during nonschool hours;
28 providing that access points may be protected by
29 staggered fencing or any other method of restriction
30 that prevents vehicles from entering public school
31 grounds or facilities; requiring that the Department
32 of Education develop a model joint use agreement and
33 publish the model agreement on its Internet website;
34 requiring that each district school board provide the
35 department with copies of or electronic links to joint
36 use agreements, upon the department’s request;
37 requiring that the department publish the copies or
38 electronic links on its Internet website; requiring
39 that the department adopt rules specifying criteria
40 for a grant application process; requiring that each
41 district school board adopt rules; providing an
42 effective date.
43
44 WHEREAS, every year an estimated 300,000 people in the
45 United States die because they are overweight or obese, and
46 WHEREAS, since the 1970’s, the number of overweight
47 children in the state has increased by 300 percent, and
48 WHEREAS, overweight and obese children experience the same
49 health risk factors as overweight and obese adults, such as
50 heart disease, high blood pressure, high cholesterol levels, and
51 type 2 diabetes, once referred to as “adult-onset diabetes,” and
52 WHEREAS, studies have shown that up to 80 percent of
53 overweight adolescents become overweight adults, and
54 WHEREAS, 14 percent of cancer deaths in men and 20 percent
55 of cancer deaths in women are due to being overweight and obese,
56 and
57 WHEREAS, the annual economic impact on the United States
58 health care system caused by an overweight and obese population
59 is estimated by the Centers for Disease Control and Prevention
60 at $147 billion, and
61 WHEREAS, a recent study by a major insurance carrier stated
62 that 50 percent of all Americans will have diabetes by the year
63 2020, which will cost the health care system approximately $3.35
64 trillion dollars if current trends in obesity are not abated,
65 and
66 WHEREAS, many communities, especially more urbanized ones,
67 have little or no access to parks or playgrounds, and
68 WHEREAS, providing greater access to public school
69 recreation and athletic facilities will make it more convenient
70 for kids and families to exercise and play in multiple
71 locations, NOW, THEREFORE,
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. Limitation on public school premises liability.—
76 (1) A public school that substantially implements the uses
77 of its grounds or facilities pursuant to s. 1013.10, Florida
78 Statutes, is not liable for personal injury or property damage
79 unless the injury or damage is due to gross negligence.
80 (2) As used in this section, the term “gross negligence”
81 means a lack of proper maintenance or upkeep of public school
82 grounds and facilities or a failure to cordon off or restrict
83 access to a piece of equipment or an area that is in need of
84 repair and that would reasonably endanger a student during
85 normal school hours.
86 Section 2. Present subsection (5) of section 810.097,
87 Florida Statutes, is renumbered as subsection (6) and amended,
88 and a new subsection (5) is added to that section, to read:
89 810.097 Trespass upon grounds or facilities of a school;
90 penalties; arrest.—
91 (5) A student who is not under suspension or expulsion and
92 who is on a public school’s grounds or facilities for the
93 purpose of engaging in physical fitness or recreation does not
94 commit a trespass as provided in subsection (1).
95 (6)(5) As used in this section, the term “school” means the
96 grounds or any facility of any kindergarten, elementary school,
97 middle school, junior high school, or secondary school, whether
98 public or nonpublic, unless otherwise specified.
99 Section 3. Section 1013.10, Florida Statutes, is amended to
100 read:
101 1013.10 Use of buildings and grounds.—
102 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
103 that public schools are equipped with taxpayer-funded
104 playgrounds, fields, tracks, courts, and other facilities that
105 provide quick and easy access to residents regardless of income.
106 The Legislature intends to allow greater access to public school
107 grounds and facilities for the purpose of providing
108 opportunities for physical fitness and recreation and reducing
109 the impact that an increasingly overweight and obese population
110 has on health care expenditures.
111 (2) DEFINITIONS.—As used in this section, the term:
112 (a) “Joint use agreement” means a formal agreement between
113 a district school board and a local government or a private
114 organization which sets forth the terms and conditions for the
115 shared public use of a public school’s grounds or facilities.
116 (b) “Public access” means unencumbered access to a public
117 school’s grounds and facilities, including playgrounds, courts,
118 tracks, and fields, for the purpose of engaging in physical
119 fitness and recreation during nonschool hours, but not during a
120 previously scheduled school-related activity.
121 (c) “Access point” means a place where the public can pass
122 through to access the public school’s grounds or facilities.
123 (d) “Department” means the Department of Education.
124 (3) PUBLIC USES.—A district school The board may permit the
125 use of public school grounds and facilities educational
126 facilities and grounds for any legal assembly, or for community
127 use centers, or physical fitness and recreation or may permit
128 the same to be used as voting places in any primary, regular, or
129 special election.
130 (4) JOINT USE AGREEMENTS.—Each district school board is
131 encouraged to enter into a joint use agreement that provides the
132 local community access to a public school’s grounds and
133 facilities.
134 (5) PUBLIC ACCESS.—Each district school board shall provide
135 access to public school grounds and facilities, including
136 playgrounds, courts, tracks, and fields. Access points to public
137 school grounds and facilities may be locked during regular
138 school hours; however, the access points may not be locked
139 during nonschool hours. Access points may be restricted by
140 staggered fencing or any other method of restriction to prevent
141 vehicles from entering public school grounds or facilities.
142 (6) DEPARTMENT.—The department shall develop a model joint
143 use agreement and publish the model agreement on its Internet
144 website. Upon the department’s request, each district school
145 board shall provide copies of or electronic links to the
146 district school board’s joint use agreements under this section.
147 The department shall publish the copies or electronic links on
148 its Internet website. The department shall adopt rules
149 specifying criteria for a grant application process pursuant to
150 this section.
151 (7) RULES.—Each district school The board shall adopt
152 rules, regulations, or policies and procedures necessary to
153 protect public school grounds and facilities educational
154 facilities and grounds when used for the such purposes
155 authorized in this section and to administer this section.
156 Section 4. This act shall take effect July 1, 2012.