Florida Senate - 2014                       CS for CS for SB 396
       
       
        
       By the Committees on Community Affairs; and Education; and
       Senators Bean and Bradley
       
       
       
       
       578-04059-14                                           2014396c2
    1  
    2                        A bill to be entitled                      
    3         An act relating to the joint use and public access of
    4         public school facilities and joint community projects;
    5         creating s. 768.072, F.S.; authorizing district school
    6         boards to enter into joint-use agreements with a local
    7         government or a private organization or adopt public
    8         access policies; authorizing criteria for joint-use
    9         agreements; authorizing a district school board to
   10         enter into agreements with a county, municipality, or
   11         Florida College System institution to develop and
   12         operate joint community projects; authorizing such
   13         agreements to have certain specifications; authorizing
   14         certain provisions to be included in joint-use
   15         agreements for joint community projects, including
   16         indemnification of district school boards and
   17         liability insurance; providing applicability;
   18         providing that s. 1012.467, F.S., does not apply when
   19         there is no school-sponsored or school-related program
   20         or activity in progress; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 768.072, Florida Statutes, is created to
   25  read:
   26         768.072 Indemnification and liability insurance
   27  requirements for public school property joint-use agreements and
   28  joint community projects.—
   29         (1) A district school board may, at its discretion, enter
   30  into a joint-use agreement with a local government or a private
   31  organization or adopt public access policies to enable public
   32  access to indoor or outdoor recreation and sports facilities on
   33  public school property. A joint-use agreement may specify the
   34  facilities to be used, the dates and times of use, and the terms
   35  and conditions governing use of such facilities; may provide for
   36  the full indemnification of the district school board by the
   37  local government or private organization for any damages arising
   38  from the joint use; and may require the local government or
   39  private organization to maintain liability insurance of at least
   40  $200,000 per person and $300,000 per incident to cover the
   41  indemnification.
   42         (a) A district school board may enter into agreements with
   43  a county, municipality, or Florida College System institution to
   44  develop and operate joint community projects. The agreements may
   45  specify how the joint community projects will be developed and
   46  operated, where the projects will be located, that the operating
   47  entity may enter into joint-use agreements pursuant to this
   48  subsection, how public access policies pursuant to this
   49  subsection will be adopted, and any other provisions necessary
   50  to develop and operate the joint community projects.
   51         (b) A joint-use agreement for a joint community project may
   52  specify the facilities to be used, the dates and times of use,
   53  and the terms and conditions governing use of such facilities;
   54  may provide for the full indemnification of the district school
   55  board by the county, municipality, or Florida College System
   56  institution for any damages arising from the joint use; and may
   57  require the county, municipality, or Florida College System
   58  institution to maintain liability insurance of at least $200,000
   59  per person and $300,000 per incident to cover the
   60  indemnification.
   61         (2) This section does not waive sovereign immunity beyond
   62  the limited waiver in s. 768.28.
   63         (3) Section 1012.467 does not apply to the portion of the
   64  property made available pursuant to this section when there is
   65  no school-sponsored or school-related program or activity in
   66  progress. This subsection does not expand the applicability of
   67  s. 1012.467.
   68         Section 2. This act shall take effect July 1, 2014.