Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 396
       
       
       
       
       
       
                                Ì740516!Î740516                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2014           .                                
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    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.