Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 396 Ì740516!Î740516 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 768.072, Florida Statutes, is created to 6 read: 7 768.072 Limitation on public premises liability for public 8 school property and joint community projects, and background 9 screening requirements.— 10 (1) (a) A district school board is not liable for civil 11 damages for personal injury, property damage, or death that 12 occurs on a public school property that the district school 13 board has opened to the public through joint-use agreements or 14 public access policies pursuant to this subsection, unless gross 15 negligence or intentional misconduct on the part of the district 16 school board is a proximate cause of the injury, damage, or 17 death. 18 (b) A district school board may, at its discretion, enter 19 into a joint-use agreement with a local government or a private 20 organization or adopt public access policies to enable public 21 access to indoor or outdoor recreation and sports facilities on 22 public school property. A joint-use agreement or public access 23 policy must specify the facilities to be used, dates and times 24 of use, and terms and conditions governing use of such 25 facilities and may include provisions regarding liability 26 insurance coverage and indemnification of the school district. 27 (2) (a) A district school board, county, city or Florida 28 College System institution is not liable for civil damages for 29 personal injury, property damage, or death that occurs on 30 property upon which a joint community project operates and is 31 accessed by the public through joint-use agreements or public 32 access policies pursuant to this subsection, unless gross 33 negligence or intentional misconduct on the part of the district 34 school board, county, city or Florida College System institution 35 is a proximate cause of the injury, damage, or death. No party 36 to the joint-use agreements or public access policies shall be 37 liable for more than their pro rata share of negligence. 38 (b) A district school board may enter into agreements with 39 a county, city, or Florida College System institution to develop 40 and operate joint community projects. The agreements must 41 specify how the joint community project will be developed and 42 operated, where the project will be located, that the operating 43 entity may enter into joint-use agreements pursuant to this 44 subsection, how public access policies pursuant to this 45 subsection will be adopted, and any other provisions necessary 46 to develop and operate the joint community project. 47 (c) A joint-use agreement or public access policy for the 48 joint community project must specify the facilities to be used, 49 dates and times of use, and terms and conditions governing use 50 of such facilities, and may include provisions regarding 51 liability insurance coverage, indemnification of the school 52 district and the county, city, or Florida College System 53 institution and any other necessary provisions. 54 (3) This section does not affect liability for injury, 55 damage, or death that occurs during school hours or during a 56 school-sponsored activity. 57 (4) This section does not waive sovereign immunity beyond 58 the limited waiver in s. 768.28. 59 (5) Section 1012.467 does not apply to the portion of the 60 property made available pursuant to this section when there is 61 no school-sponsored or school-related program or activity in 62 progress. This subsection does not expand the applicability of 63 s. 1012.467. 64 Section 2. This act shall take effect July 1, 2014. 65 66 ================= T I T L E A M E N D M E N T ================ 67 And the title is amended as follows: 68 Delete everything before the enacting clause 69 and insert: 70 A bill to be entitled 71 An act relating to the joint use and public access of 72 public school facilities and joint community projects; 73 creating s. 768.072, F.S.; authorizing district school 74 boards to enter into joint-use agreements or adopt 75 public access policies; providing immunity from 76 liability for a district school board that enters into 77 a joint-use agreement or adopts public access policies 78 except in instances of gross negligence or intentional 79 misconduct; authorizing a district school board to 80 enter into agreements with a county, city, or Florida 81 College System institution to develop and operate 82 joint community projects; providing immunity from 83 liability for a district school board, county, city or 84 Florida College System institution that enters into 85 joint-use agreements or adopts public access policies 86 except in instances of gross negligence or intentional 87 misconduct; limiting liability to a pro rata share of 88 negligence; providing applicability; providing that s. 89 1012.467 does not apply when there is no school 90 sponsored or school-related program or activity in 91 progress; providing an effective date.