HB 445

1	A bill to be entitled
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, section 187.201(20), Florida Statutes, provides
13	that it is a goal of the state that Florida governments
14	economically and efficiently provide the amount and quality of
15	services required by the public and that it is a policy of the
16	state to encourage greater cooperation between, among, and
17	within all levels of Florida government through the use of
18	appropriate interlocal agreements and mutual participation for
19	mutual benefit, and
20	WHEREAS, section 163.3177(12), Florida Statutes, relating
21	to public school facilities elements of local government
22	comprehensive plans, states, in pertinent part, that local
23	governments must accomplish analyses of problems and
24	opportunities for existing schools and schools anticipated in
25	the future; analyses of opportunities to collocate future
26	schools with other public facilities, such as parks, libraries,
27	and community centers; and analyses of the need for supporting
28	public facilities for existing and future schools, and
29	WHEREAS, section 163.31777, Florida Statutes, relating to
30	public schools interlocal agreements, states, in part, that the
31	county and municipalities located within the geographic area of
32	a school district shall enter into an interlocal agreement with
33	the district school board which jointly establishes the specific
34	ways in which the plans and processes of the district school
35	board and the local governments are to be coordinated, NOW,
36	THEREFORE,
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Subsection (6) of section 163.01, Florida
41	Statutes, is amended to read:
42	163.01  Florida Interlocal Cooperation Act of 1969.--
43	(6)  An interlocal agreement may provide for one or more
44	parties to the agreement to administer or execute the agreement.
45	One or more parties to the agreement may agree to provide all or
46	a part of the services set forth in the agreement in the manner
47	provided in the agreement. The parties may provide for the
48	mutual exchange of services without payment of any contribution
49	other than such services. The parties may provide for the use or
50	maintenance of facilities or equipment of another party on a
51	cost-reimbursement basis or on the basis of educational benefits
52	received by the employees of a party or students of the public
53	agency.
54	Section 2.  Paragraphs (e) and (f) of subsection (1) of
55	section 1003.02, Florida Statutes, are amended to read:
56	1003.02  District school board operation and control of
57	public K-12 education within the school district.--As provided
58	in part II of chapter 1001, district school boards are
59	constitutionally and statutorily charged with the operation and
60	control of public K-12 education within their school district.
61	The district school boards must establish, organize, and operate
62	their public K-12 schools and educational programs, employees,
63	and facilities. Their responsibilities include staff
64	development, public K-12 school student education including
65	education for exceptional students and students in juvenile
66	justice programs, special programs, adult education programs,
67	and career education programs. Additionally, district school
68	boards must:
69	(1)  Provide for the proper accounting for all students of
70	school age, for the attendance and control of students at
71	school, and for proper attention to health, safety, and other
72	matters relating to the welfare of students in the following
73	fields:
74	(e)  Transportation.--Make provision for the transportation
75	of students to the public schools or school activities they are
76	required or expected to attend, efficiently and economically, in
77	accordance with the requirements of chapter 1006, which function
78	may be accomplished, in whole or part, by means of an interlocal
79	agreement under s. 163.01.
80	(f)  Facilities and school plant.--
81	1.  Approve and adopt a districtwide school facilities
82	program, in accordance with the requirements of chapter 1013.
83	2.  Approve plans for locating, planning, constructing,
84	sanitating, insuring, maintaining, protecting, and condemning
85	school property as prescribed in chapter 1013.
86	3.  Approve and adopt a districtwide school building
87	program.
88	4.  Select and purchase school sites, playgrounds, and
89	recreational areas located at centers at which schools are to be
90	constructed, of adequate size to meet the needs of projected
91	students to be accommodated.
92	5.  Approve the proposed purchase of any site, playground,
93	or recreational area for which school district funds are to be
94	used.
95	6.  Expand existing sites.
96	7.  Rent buildings when necessary, which function may be
97	accomplished, in whole or part, by means of an interlocal
98	agreement under s. 163.01.
99	8.  Enter into leases or lease-purchase arrangements, in
100	accordance with the requirements and conditions provided in s.
101	1013.15(2).
102	9.  Provide for the proper supervision of construction.
103	10.  Make or contract for additions, alterations, and
104	repairs on buildings and other school properties.
105	11.  Ensure that all plans and specifications for buildings
106	provide adequately for the safety and well-being of students, as
107	well as for economy of construction.
108	12.  Provide adequately for the proper maintenance and
109	upkeep of school plants, which function may be accomplished, in
110	whole or part, by means of an interlocal agreement under s.
111	163.01.
112	13.  Carry insurance on every school building in all school
113	plants including contents, boilers, and machinery, except
114	buildings of three classrooms or less which are of frame
115	construction and located in a tenth class public protection zone
116	as defined by the Florida Inspection and Rating Bureau, and on
117	all school buses and other property under the control of the
118	district school board or title to which is vested in the
119	district school board, except as exceptions may be authorized
120	under rules of the State Board of Education.
121	14.  Condemn and prohibit the use for public school
122	purposes of any building under the control of the district
123	school board.
124	Section 3.  Paragraph (a) of subsection (1) and paragraph
125	(a) of subsection (2) of section 1006.261, Florida Statutes, are
126	amended to read:
127	1006.261  Use of school buses for public purposes.--
128	(1)(a)  Each district school board may enter into
129	agreements with the governing body of a county or municipality
130	in the school district or any state agency or agencies
131	established or identified to assist in the provision of public
132	transportation and other public purposes, including, but not
133	limited to, providing for the needs of the transportation
134	disadvantaged, as defined in s. 427.011, including, but not
135	limited to, the elderly, pursuant to Pub. L. No. 89-73, as
136	amended, for the use of the school buses of the school district
137	by departments, boards, commissions, or officers of such county
138	or municipality or of the state for county, municipal, or state
139	purposes, including, but not limited to, transportation of the
140	transportation disadvantaged or other public purposes. Each such
141	agreement shall provide for reimbursement of the district school
142	board, in full or in part, for the proportionate share of fixed
143	and operating costs incurred by the district school board
144	attributable to the use of the buses pursuant to the agreement
145	or attributable to the maintenance or other activities conducted
146	by the district school board.
147	(2)(a)  The governing body or state agency or agencies
148	established or identified pursuant to Pub. L. No. 89-73, or the
149	nonprofit corporation or nonprofit civic organization or group,
150	or an agency established or identified to assist the
151	transportation disadvantaged as defined in s. 427.011, or a
152	public agency otherwise receiving services from a district
153	school board shall indemnify and hold harmless the district
154	school board from any and all liability by virtue of the use of
155	the buses pursuant to an agreement authorized by this section.
156	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.