1

2

An act relating to intergovernmental cooperation; amending

3

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

4

agreement to provide for the use or maintenance of

5

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

6

authorizing district school boards to perform certain

7

functions by means of an interlocal agreement; amending s.

8

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

9

additional public purposes; providing for reimbursement

10

and indemnification; providing an effective date.

11

12

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

13

is a goal of the state that Florida governments economically and

14

efficiently provide the amount and quality of services required

15

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

16

greater cooperation between, among, and within all levels of

17

Florida government through the use of appropriate interlocal

18

agreements and mutual participation for mutual benefit, and

19

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

20

public school facilities elements of local government

21

comprehensive plans, states, in pertinent part, that local

22

governments must accomplish analyses of problems and

23

opportunities for existing schools and schools anticipated in the

24

future; analyses of opportunities to collocate future schools

25

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

26

community centers; and analyses of the need for supporting public

27

facilities for existing and future schools, and

28

     WHEREAS, s. 163.31777, Florida Statutes, relating to

29

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

30

county and municipalities located within the geographic area of

31

a school district shall enter into an interlocal agreement with

32

the district school board which jointly establishes the

33

specific ways in which the plans and processes of the district

34

school board and the local governments are to be coordinated,

35

NOW, THEREFORE,

36

37

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

38

39

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

40

Statutes, is amended to read:

41

     163.01  Florida Interlocal Cooperation Act of 1969.--

42

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

43

parties to the agreement to administer or execute the agreement.

44

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

45

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

46

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

47

exchange of services without payment of any contribution other

48

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

49

maintenance of facilities or equipment of another party on a

50

cost-reimbursement basis.

51

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

52

section 1003.02, Florida Statutes, are amended to read:

53

     1003.02  District school board operation and control of

54

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

55

part II of chapter 1001, district school boards are

56

constitutionally and statutorily charged with the operation and

57

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

58

The district school boards must establish, organize, and operate

59

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

60

and facilities. Their responsibilities include staff development,

61

public K-12 school student education including education for

62

exceptional students and students in juvenile justice programs,

63

special programs, adult education programs, and career education

64

programs. Additionally, district school boards must:

65

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

66

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

67

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

68

relating to the welfare of students in the following fields:

69

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

70

of students to the public schools or school activities they are

71

required or expected to attend, efficiently and economically, in

72

accordance with the requirements of chapter 1006, which function

73

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

74

agreement under s. 163.01.

75

     (f)  Facilities and school plant.--

76

     1.  Approve and adopt a districtwide school facilities

77

program, in accordance with the requirements of chapter 1013.

78

     2.  Approve plans for locating, planning, constructing,

79

sanitating, insuring, maintaining, protecting, and condemning

80

school property as prescribed in chapter 1013.

81

     3.  Approve and adopt a districtwide school building

82

program.

83

     4.  Select and purchase school sites, playgrounds, and

84

recreational areas located at centers at which schools are to be

85

constructed, of adequate size to meet the needs of projected

86

students to be accommodated.

87

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

88

or recreational area for which school district funds are to be

89

used.

90

     6.  Expand existing sites.

91

     7. Rent buildings when necessary, which function may be

92

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

93

agreement under s. 163.01.

94

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

95

accordance with the requirements and conditions provided in s.

96

1013.15(2).

97

     9.  Provide for the proper supervision of construction.

98

     10.  Make or contract for additions, alterations, and

99

repairs on buildings and other school properties.

100

     11.  Ensure that all plans and specifications for buildings

101

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

102

well as for economy of construction.

103

     12.  Provide adequately for the proper maintenance and

104

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

105

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

106

163.01.

107

     13.  Carry insurance on every school building in all school

108

plants including contents, boilers, and machinery, except

109

buildings of three classrooms or less which are of frame

110

construction and located in a tenth class public protection zone

111

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

112

all school buses and other property under the control of the

113

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

114

school board, except as exceptions may be authorized under rules

115

of the State Board of Education.

116

     14.  Condemn and prohibit the use for public school purposes

117

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

118

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

119

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

120

amended to read:

121

     1006.261  Use of school buses for public purposes.--

122

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

123

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

124

district or any state agency or agencies established or

125

identified to assist in the provision of public transportation

126

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

127

providing for the needs of the transportation disadvantaged, as

128

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

129

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

130

of the school buses of the school district by departments,

131

boards, commissions, or officers of such county or municipality

132

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

133

including, but not limited to, transportation of the

134

transportation disadvantaged or other public purposes. Each such

135

agreement shall provide for reimbursement of the district school

136

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

137

and operating costs incurred by the district school board

138

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

139

attributable to the maintenance or other activities conducted by

140

the district school board.

141

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

142

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

143

nonprofit corporation or nonprofit civic organization or group,

144

or an agency established or identified to assist the

145

transportation disadvantaged as defined in s. 427.011, or a

146

public agency otherwise receiving services from a district school

147

board shall indemnify and hold harmless the district school board

148

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

149

pursuant to an agreement authorized by this section.

150

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