Florida Senate - 2017 SB 984 By Senator Bean 4-00147A-17 2017984__ 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 for funding as established in the General 8 Appropriations Act; specifying funding allocation 9 guidelines; requiring the department to annually post 10 information regarding specified allocations on its 11 website and report to the Legislature; requiring the 12 department to develop an application process for 13 school districts; requiring funding priority to be 14 given to high-need communities; creating the Shared 15 Use Task Force within the department; specifying the 16 purpose and membership of the task force; providing 17 requirements for electing a task force chair and vice 18 chair and conducting its meetings; requiring the 19 department to provide the task force with necessary 20 staff; requiring the task force to submit a report to 21 the Legislature by a specified date; providing for 22 expiration of the task force; providing for 23 rulemaking; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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. 61 (3) PROMOTION OF COMMUNITY USE OF SHARED FACILITIES.—The 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) FUNDING.—The department shall do all of the following 69 with funds as established in the General Appropriations Act: 70 (a) Provide short-term grants to help school districts open 71 their facilities for shared use before or after school hours, 72 including evenings, weekends, and school vacations. 73 (b) Establish guidelines for funding eligibility consistent 74 with this section, promote the availability of the funding 75 statewide, provide technical assistance to applicants, evaluate 76 applicants, determine allowable expenses, and disburse funding. 77 (c) Annually post on its website and report to the 78 President of the Senate and the Speaker of the House of 79 Representatives the expenditure of the funds used to administer 80 this section, including the total amount of funding distributed, 81 the school districts that received funding, the amount of 82 funding each school district received, and the department’s 83 evaluation results. 84 (d) Develop an application process for school districts to 85 receive funding. The application must require that a school 86 district: 87 1. Demonstrate that it has an active partnership with a 88 local governmental agency or nonprofit organization or that the 89 funds will be used to open school facilities for use by the 90 public; 91 2. Agree to fully implement its shared use project within 92 the grant period; 93 3. Abide by the conditions for receiving assistance; 94 4. Provide the department with a copy of the school 95 district’s shared use agreement or shared use policy; and 96 5. Collect and provide data and other information required 97 by the department for monitoring, accountability, and evaluation 98 purposes. 99 (e) Give funding priority to high-need communities. In 100 consultation with the Shared Use Task Force, the department may 101 establish additional criteria for funding priorities consistent 102 with this section. 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 June 30, 2018. 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.