Florida Senate - 2017                              CS for SB 984
       By the Committee on Education; and Senators Bean, Broxson,
       Mayfield, Brandes, Baxley, and Garcia
       581-03345-17                                           2017984c1
    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; requiring reports to
   15         the Legislature by specified dates; creating the
   16         Shared Use Task Force within the department;
   17         specifying the purpose and membership of the task
   18         force; providing requirements for electing a task
   19         force chair and vice chair and conducting its
   20         meetings; requiring the department to provide the task
   21         force with necessary staff; requiring the task force
   22         to submit a report to the Legislature by a specified
   23         date; providing for expiration of the task force;
   24         providing for rulemaking; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 1013.101, Florida Statutes, is created
   29  to read:
   30         1013.101 Shared use agreements.—
   31         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   32  that greater public access to recreation and sports facilities
   33  is needed to reduce the impact of obesity, diabetes, and other
   34  chronic diseases on personal health and health care
   35  expenditures. Public schools are equipped with taxpayer-funded
   36  indoor and outdoor recreation facilities that offer easily
   37  accessible opportunities for physical activity for residents of
   38  the community. The Legislature also finds that it is the policy
   39  of the state for district school boards to allow the shared use
   40  of school buildings and property by adopting policies allowing
   41  for shared use and implementing shared use agreements with local
   42  governmental entities and nonprofit organizations. The
   43  Legislature intends to increase the number of school districts
   44  that open their playground facilities to community use outside
   45  of school hours.
   46         (2) DEFINITIONS.—As used in this section, the term:
   47         (a) “High-need communities” means communities in which at
   48  least 50 percent of children are eligible to receive free or
   49  reduced-price meals at the school that will be the subject of
   50  the shared use agreement.
   51         (b) “Shared use” means allowing access to school playground
   52  facilities by community members for recreation or another
   53  purpose of importance to the community through a shared use
   54  agreement or a school district or school policy that opens
   55  school facilities for use by government or nongovernmental
   56  entities or the public.
   57         (c) “Shared use agreement” means a written agreement
   58  between a school district and a government or nongovernmental
   59  entity which defines the roles, responsibilities, terms, and
   60  conditions for community use of a school-owned facility for
   61  recreation or other purposes.
   63  department shall provide technical assistance to school
   64  districts, including, but not limited to, individualized
   65  assistance, the creation of a shared use technical assistance
   66  toolkit containing useful information for school districts, and
   67  the development of a publicly accessible online database of
   68  shared use resources and existing shared use agreements.
   69         (4) FUNDING.—The department shall do all of the following
   70  with funds as established in the General Appropriations Act:
   71         (a) Provide short-term grants to help school districts open
   72  their facilities for shared use before or after school hours,
   73  including evenings, weekends, and school vacations.
   74         (b) Establish guidelines for funding eligibility consistent
   75  with this section, promote the availability of the funding
   76  statewide, provide technical assistance to applicants, evaluate
   77  applicants, determine allowable expenses, and disburse funding.
   78         (c) Annually post on its website and report to the
   79  President of the Senate and the Speaker of the House of
   80  Representatives the expenditure of the funds used to administer
   81  this section, including the total amount of funding distributed,
   82  the school districts that received funding, the amount of
   83  funding each school district received, and the department’s
   84  evaluation results.
   85         (d) Develop an application process for school districts to
   86  receive funding. The application must require that a school
   87  district:
   88         1. Demonstrate that it has an active partnership with a
   89  local governmental agency or nonprofit organization or that the
   90  funds will be used to open school facilities for use by the
   91  public;
   92         2. Agree to fully implement its shared use project within
   93  the grant period;
   94         3. Abide by the conditions for receiving assistance;
   95         4. Provide the department with a copy of the school
   96  district’s shared use agreement or shared use policy; and
   97         5. Collect and provide data and other information required
   98  by the department for monitoring, accountability, and evaluation
   99  purposes.
  100         (e) Give funding priority to high-need communities. In
  101  consultation with the Shared Use Task Force, the department may
  102  establish additional criteria for funding priorities consistent
  103  with this section.
  104         (5) REPORT.—By December 31, 2017, the department shall
  105  submit an electronic report to the President of the Senate and
  106  the Speaker of the House of Representatives on the grants that
  107  have been disbursed or are in the process of being disbursed.
  108  The department shall submit a final report on the grant
  109  disbursements by June 30, 2018.
  110         Section 2. Shared Use Task Force.—The Shared Use Task
  111  Force, a task force as defined in s. 20.03, Florida Statutes, is
  112  created within the Department of Education. The task force is
  113  created to identify barriers in creating shared use agreements
  114  and to make recommendations to facilitate the shared use of
  115  school facilities generally and in high-need communities.
  116         (1) The task force is composed of 7 members appointed by
  117  the department, as follows:
  118         (a) Two representatives from school districts, including 1
  119  representative from school districts 1 through 33 and 1
  120  representative from school districts 34 through 67;
  121         (b) One representative from a public health department;
  122         (c) Two representatives from community-based programs in
  123  high-need communities; and
  124         (d) Two representatives from recreational organizations.
  125         (2) The task force shall elect a chair and vice chair. The
  126  chair and vice chair may not be representatives from the same
  127  member category. Members of the task force shall serve without
  128  compensation, but are entitled to reimbursement for per diem and
  129  travel expenses pursuant to s. 112.061, Florida Statutes.
  130         (3) The task force shall meet by teleconference or other
  131  electronic means, if possible, to reduce costs.
  132         (4) The department shall provide the task force with staff
  133  necessary to assist the task force in the performance of its
  134  duties.
  135         (5) The task force shall submit a report of its findings
  136  and recommendations to the President of the Senate and the
  137  Speaker of the House of Representatives by October 1, 2017. Upon
  138  submission of the report, the task force shall expire.
  139         (6) The State Board of Education shall adopt rules to
  140  implement and administer this section.
  141         Section 3. This act shall take effect July 1, 2017.