Florida Senate - 2013                                     SB 392
       
       
       
       By Senator Brandes
       
       
       
       
       22-00189-13                                            2013392__
    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; encouraging each district school
    5         board to adopt written policies to promote public
    6         access to outdoor recreation and sports facilities on
    7         school property, to increase the number of joint-use
    8         agreements, and to develop and adopt policies and
    9         procedures for an appeal process if negotiations for a
   10         joint-use agreement fail; providing duties of district
   11         school boards and the Department of Education;
   12         creating s. 768.072, F.S.; providing immunity from
   13         liability for a district school board that adopts
   14         public access policies or enters into a joint-use
   15         agreement except in instances of gross negligence or
   16         intentional misconduct; providing application;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 1013.105, Florida Statutes is created to
   22  read:
   23         1013.105 Joint use of public school facilities.—
   24         (1) The Legislature finds that greater access to recreation
   25  and sports facilities is needed to reduce the impact of obesity
   26  on personal health and health care expenditures. The Legislature
   27  further finds that public schools are equipped with taxpayer
   28  funded playgrounds, fields, tracks, courts, and other outdoor
   29  recreation and sports facilities that offer easily accessible
   30  opportunities for physical activity for residents of the
   31  community.
   32         (2) Each district school board is encouraged to:
   33         (a) Adopt written policies to promote public access to the
   34  outdoor recreation and sports facilities on public school
   35  property during nonschool hours when a school-sponsored or
   36  school-related activity is not occurring. A public access policy
   37  should outline the outdoor recreation and sports facilities that
   38  are open to the public and the hours the facilities are open.
   39         (b) Increase the number of joint-use agreements entered
   40  into with a local government or a private organization. A joint
   41  use agreement should specify the terms and conditions for the
   42  shared use of outdoor recreation and sports facilities on public
   43  school property.
   44         (c) Develop and adopt policies and procedures providing for
   45  an appeal process in which a party seeking to enter into a
   46  joint-use agreement with a school district pursuant to this
   47  section may file an appeal with the district school
   48  superintendent if the negotiations for such joint-use agreement
   49  fail.
   50  
   51  Within 30 days after adopting a public access policy or entering
   52  into a joint-use agreement, a district school board shall submit
   53  a copy of the policy or agreement to the Department of
   54  Education.
   55         (3) The Department of Education shall:
   56         (a) Develop a model joint-use agreement and post the model
   57  agreement on its website.
   58         (b) Post on its website links to or copies of all public
   59  access policies and joint-use agreements submitted to the
   60  department by a district school board.
   61         (c) Develop criteria for the acceptance of grants for
   62  implementing joint-use agreements and post the criteria on its
   63  website.
   64         Section 2. Section 768.072, Florida Statutes, is created to
   65  read:
   66         768.072 Limitation on public school premises liability.—
   67         (1) A district school board is not liable for civil damages
   68  for personal injury, property damage, or death that occurs on a
   69  public school property that the district school board has opened
   70  up to the public, through public access policies or joint-use
   71  agreements under s. 1013.105, unless gross negligence or
   72  intentional misconduct on the part of the district school board
   73  is a proximate cause of the injury, damage, or death.
   74         (2) This section does not change liability for injury,
   75  damage, or death that occurs during school hours or during a
   76  school-related or school-sponsored activity.
   77         (3) This section does not waive sovereign immunity beyond
   78  the limited waiver in s. 768.28.
   79         Section 3. This act shall take effect July 1, 2013.