Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 984
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Pre-K - 12 Education)
    1                        A bill to be entitled                      
    2         An act relating to the shared use of public school
    3         playground facilities; creating s. 1013.101, F.S.;
    4         providing legislative findings and intent; defining
    5         terms; requiring the Department of Education to
    6         provide specified assistance to school districts;
    7         providing department responsibilities; specifying
    8         funding allocation guidelines; requiring the
    9         department to annually post information regarding
   10         specified allocations on its website and report to the
   11         Legislature; requiring the department to develop an
   12         application process for school districts; requiring
   13         funding priority to be given to high-need communities;
   14         requiring reports to the Legislature by specified
   15         dates; creating the Shared Use Task Force within the
   16         department; specifying the purpose and membership of
   17         the task force; providing requirements for electing a
   18         task force chair and vice chair and conducting its
   19         meetings; requiring the department to provide the task
   20         force with necessary staff; requiring the task force
   21         to submit a report to the Legislature by a specified
   22         date; providing for expiration of the task force;
   23         providing for rulemaking; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 1013.101, Florida Statutes, is created
   28  to read:
   29         1013.101 Shared use agreements.—
   30         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   31  that greater public access to recreation and sports facilities
   32  is needed to reduce the impact of obesity, diabetes, and other
   33  chronic diseases on personal health and health care
   34  expenditures. Public schools are equipped with taxpayer-funded
   35  indoor and outdoor recreation facilities that offer easily
   36  accessible opportunities for physical activity for residents of
   37  the community. The Legislature also finds that it is the policy
   38  of the state for district school boards to allow the shared use
   39  of school buildings and property by adopting policies allowing
   40  for shared use and implementing shared use agreements with local
   41  governmental entities and nonprofit organizations. The
   42  Legislature intends to increase the number of school districts
   43  that open their playground facilities to community use outside
   44  of school hours.
   45         (2) DEFINITIONS.—As used in this section, the term:
   46         (a) “High-need communities” means communities in which at
   47  least 50 percent of children are eligible to receive free or
   48  reduced-price meals at the school that will be the subject of
   49  the shared use agreement.
   50         (b) “Shared use” means allowing access to school playground
   51  facilities by community members for recreation or another
   52  purpose of importance to the community through a shared use
   53  agreement or a school district or school policy that opens
   54  school facilities for use by government or nongovernmental
   55  entities or the public.
   56         (c) “Shared use agreement” means a written agreement
   57  between a school district and a government or nongovernmental
   58  entity which defines the roles, responsibilities, terms, and
   59  conditions for community use of a school-owned facility for
   60  recreation or other purposes.
   62  department shall provide technical assistance to school
   63  districts, including, but not limited to, individualized
   64  assistance, the creation of a shared use technical assistance
   65  toolkit containing useful information for school districts, and
   66  the development of a publicly accessible online database of
   67  shared use resources and existing shared use agreements.
   68         (4) DEPARTMENT RESPONSIBILITIES.—The department shall:
   69         (a) Establish guidelines for funding eligibility consistent
   70  with this section, promote the availability of the funding
   71  statewide, provide technical assistance to applicants, evaluate
   72  applicants, determine allowable expenses, and disburse funding.
   73         (b) Annually post on its website and report to the
   74  President of the Senate and the Speaker of the House of
   75  Representatives the expenditure of the funds used to administer
   76  this section, including the total amount of funding distributed,
   77  the school districts that received funding, the amount of
   78  funding each school district received, and the department’s
   79  evaluation results.
   80         (c) Develop an application process for school districts to
   81  receive funding. The application must require that a school
   82  district:
   83         1. Demonstrate that it has an active partnership with a
   84  local governmental agency or nonprofit organization;
   85         2. Agree to fully implement its shared use project within
   86  the grant period;
   87         3. Abide by the conditions for receiving assistance;
   88         4. Provide the department with a copy of the school
   89  district’s shared use agreement or shared use policy; and
   90         5. Collect and provide data and other information required
   91  by the department for monitoring, accountability, and evaluation
   92  purposes.
   93         (d) Give funding priority to high-need communities. In
   94  consultation with the Shared Use Task Force, the department may
   95  establish additional criteria for funding priorities consistent
   96  with this section.
   97         (5) REPORT.—By December 31, 2017, the department shall
   98  submit an electronic report to the President of the Senate and
   99  the Speaker of the House of Representatives on the grants that
  100  have been disbursed or are in the process of being disbursed.
  101  The department shall submit a final report on the grant
  102  disbursements by June 30, 2018.
  103         Section 2. Shared Use Task Force.—The Shared Use Task
  104  Force, a task force as defined in s. 20.03, Florida Statutes, is
  105  created within the Department of Education. The task force is
  106  created to identify barriers in creating shared use agreements
  107  and to make recommendations to facilitate the shared use of
  108  school facilities generally and in high-need communities.
  109         (1) The task force is composed of 7 members appointed by
  110  the department, as follows:
  111         (a) Two representatives from school districts, including 1
  112  representative from school districts 1 through 33 and 1
  113  representative from school districts 34 through 67;
  114         (b) One representative from a public health department;
  115         (c) Two representatives from community-based programs in
  116  high-need communities; and
  117         (d) Two representatives from recreational organizations.
  118         (2) The task force shall elect a chair and vice chair. The
  119  chair and vice chair may not be representatives from the same
  120  member category. Members of the task force shall serve without
  121  compensation, but are entitled to reimbursement for per diem and
  122  travel expenses pursuant to s. 112.061, Florida Statutes.
  123         (3) The task force shall meet by teleconference or other
  124  electronic means, if possible, to reduce costs.
  125         (4) The department shall provide the task force with staff
  126  necessary to assist the task force in the performance of its
  127  duties.
  128         (5) The task force shall submit a report of its findings
  129  and recommendations to the President of the Senate and the
  130  Speaker of the House of Representatives by October 1, 2017. Upon
  131  submission of the report, the task force shall expire.
  132         (6) The State Board of Education shall adopt rules to
  133  implement and administer this section.
  134         Section 3. This act shall take effect July 1, 2017.