Florida Senate - 2014 SB 396 By Senator Bean 4-00387-14 2014396__ 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; authorizing 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 written policies 9 and procedures for an appeal process if negotiations 10 for a joint-use agreement fail; providing duties of 11 district school boards and the Department of 12 Education; creating s. 768.072, F.S.; providing 13 immunity from civil liability for a district school 14 board that adopts public access policies or enters 15 into a joint-use agreement except in instances of 16 gross negligence or intentional misconduct; providing 17 application; 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 22 to 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 in this state to reduce the 26 impact of obesity on personal health and health care 27 expenditures. The Legislature further finds that public schools 28 are equipped with taxpayer-funded playgrounds, fields, tracks, 29 courts, and other outdoor recreation and sports facilities that 30 offer easily accessible opportunities for physical activity for 31 residents of the community. 32 (2) Each district school board may: 33 (a) Develop and adopt written policies to promote public 34 access to the outdoor recreation and sports facilities on public 35 school property during nonschool hours when a school-sponsored 36 or school-related activity is not occurring. A public access 37 policy should outline the outdoor recreation and sports 38 facilities that are open to the public and the hours during 39 which the facilities are open. 40 (b) Increase the number of joint-use agreements entered 41 into with a local government or a private organization. A joint 42 use agreement should specify the terms and conditions for the 43 shared use of outdoor recreation and sports facilities on public 44 school property. 45 (c) Develop and adopt written policies and procedures 46 providing for an appeal process in which a party seeking to 47 enter into a joint-use agreement with a school district pursuant 48 to this section may file an appeal with the district school 49 superintendent if the negotiations for such joint-use agreement 50 fail. 51 52 Within 30 days after adopting a public access policy or entering 53 into a joint-use agreement, a district school board shall submit 54 a copy of the policy or agreement to the Department of 55 Education. 56 (3) The Department of Education shall: 57 (a) Develop a model joint-use agreement and post the model 58 agreement on its website. 59 (b) Post on its website links to or copies of all public 60 access policies and joint-use agreements submitted to the 61 department by a district school board. 62 (c) Develop criteria for the acceptance of grants for 63 implementing joint-use agreements and post the criteria on its 64 website. 65 Section 2. Section 768.072, Florida Statutes, is created to 66 read: 67 768.072 Limitation on public school premises liability.— 68 (1) A district school board is not liable for civil damages 69 for personal injury, property damage, or death that occurs on a 70 public school property that the district school board has made 71 available to the public through public access policies or joint 72 use agreements under s. 1013.105, unless gross negligence or 73 intentional misconduct on the part of the district school board 74 is a proximate cause of the injury, damage, or death. 75 (2) This section does not change liability for injury, 76 damage, or death that occurs during school hours or during a 77 school-sponsored or school-related activity. 78 (3) This section does not waive sovereign immunity beyond 79 the limited waiver in s. 768.28. 80 Section 3. This act shall take effect July 1, 2014.