| 1 | A bill to be entitled |
| 2 | An act relating to the joint use of public school |
| 3 | facilities; creating s. 1013.105, F.S.; providing |
| 4 | legislative findings; providing definitions; |
| 5 | encouraging each district school board to develop |
| 6 | written policies to promote public access to outdoor |
| 7 | recreation and sports facilities on school property |
| 8 | and increased joint-use agreements; providing duties |
| 9 | of the Department of Education; creating s. 768.072, |
| 10 | F.S.; providing for limitation of liability for a |
| 11 | district school board that allows public access or |
| 12 | enters into a joint-use agreement except in instances |
| 13 | of gross negligence; defining the term "gross |
| 14 | negligence"; providing an effective date. |
| 15 |
|
| 16 | WHEREAS, every year, an estimated 300,000 people in the |
| 17 | United States die due to being overweight or obese, and |
| 18 | WHEREAS, since the 1970's, the number of overweight |
| 19 | children in Florida has increased by 300 percent, and |
| 20 | WHEREAS, overweight or obese children experience the same |
| 21 | risk factors associated with heart disease in adults, such as |
| 22 | high blood pressure, high cholesterol levels, and Type 2 |
| 23 | diabetes, once referred to as adult-onset diabetes, and |
| 24 | WHEREAS, studies have shown that up to 80 percent of |
| 25 | overweight adolescents become overweight adults, and |
| 26 | WHEREAS, 14 percent of deaths from cancer in men and 20 |
| 27 | percent of deaths from cancer in women are due to obesity, and |
| 28 | WHEREAS, the annual economic impact of obesity on the |
| 29 | United States' health care system is estimated by the Centers |
| 30 | for Disease Control and Prevention at $147 billion, and |
| 31 | WHEREAS, a recent study by a major insurance carrier stated |
| 32 | that if current trends in obesity are not abated, 50 percent of |
| 33 | Americans will have diabetes by 2020, which will cost the health |
| 34 | care system approximately $3.35 trillion, and |
| 35 | WHEREAS, many communities, especially those that are more |
| 36 | urbanized, have few or no public parks or playground spaces, and |
| 37 | WHEREAS, opening public school recreation and sports |
| 38 | facilities to the public provides an immediate increase in |
| 39 | places where children and families can exercise and play, NOW, |
| 40 | THEREFORE, |
| 41 |
|
| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
|
| 44 | Section 1. Section 1013.105, Florida Statutes is created |
| 45 | to read: |
| 46 | 1013.105 Joint use of public school facilities.- |
| 47 | (1) The Legislature finds that greater access to |
| 48 | recreation and sports facilities is needed to reduce the impact |
| 49 | of obesity on personal health and health care expenditures. The |
| 50 | Legislature further finds that public schools are equipped with |
| 51 | taxpayer-funded playgrounds, fields, tracks, courts, and other |
| 52 | outdoor recreation and sports facilities that offer easily |
| 53 | accessible opportunities for physical activity for residents of |
| 54 | the community regardless of income. |
| 55 | (2) As used in this section, the term: |
| 56 | (a) "Joint-use agreement" means a written agreement |
| 57 | between a district school board and a local government or |
| 58 | private organization setting forth the terms and conditions for |
| 59 | the shared use of outdoor public school property. |
| 60 | (b) "Public access" means free access to the outdoor |
| 61 | recreation and sports facilities on public school property |
| 62 | during nonschool hours and when a school-sponsored or school- |
| 63 | related activity is not occurring. |
| 64 | (3) Each district school board is encouraged to develop |
| 65 | written policies to promote public access and increased joint- |
| 66 | use agreements. Public access policies should outline the |
| 67 | outdoor recreation and sports facilities that are open to the |
| 68 | public and the hours they are open. |
| 69 | (4) The Department of Education shall: |
| 70 | (a) Develop a model joint-use agreement and post the model |
| 71 | agreement on its website. |
| 72 | (b) Post on its website links to or copies of district |
| 73 | school board joint-use agreements submitted to the department by |
| 74 | each district school board entering into a joint-use agreement. |
| 75 | (c) Develop criteria for the acceptance of grants for |
| 76 | implementing joint-use agreements. |
| 77 | Section 2. Section 768.072, Florida Statutes, is created |
| 78 | to read: |
| 79 | 768.072 Limitation on public school premises liability.- |
| 80 | (1) A district school board that allows public access or |
| 81 | enters into a joint-use agreement pursuant to s. 1013.105 shall |
| 82 | gain a presumption against liability for personal injury and |
| 83 | nonschool property damage in all instances except where injury |
| 84 | or damage was due to gross negligence. This section does not |
| 85 | change the presumption of liability for injury or damage that |
| 86 | occurred during school hours or during a school-related or |
| 87 | school-sponsored activity. |
| 88 | (2) As used in this section, the term "gross negligence" |
| 89 | means that the defendant's conduct was so reckless or wanting in |
| 90 | care that it constituted a conscious disregard or indifference |
| 91 | to the life, safety, or rights of persons exposed to such |
| 92 | conduct. |
| 93 | Section 3. This act shall take effect July 1, 2012. |