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.