CS/HB 445

1	A bill to be entitled
2	An act relating to intergovernmental cooperation; amending
3	s. 163.01, F.S.; authorizing parties to an interlocal
4	agreement to provide for the use or maintenance of
5	facilities or equipment; amending s. 1003.02, F.S.;
6	authorizing district school boards to perform certain
7	functions by means of an interlocal agreement; amending s.
8	1006.261, F.S.; providing for use of school buses for
9	additional public purposes; providing for reimbursement
10	and indemnification; providing an effective date.
11
12	WHEREAS, section 187.201(20), Florida Statutes, provides
13	that it is a goal of the state that Florida governments
14	economically and efficiently provide the amount and quality of
15	services required by the public and that it is a policy of the
16	state to encourage greater cooperation between, among, and
17	within all levels of Florida government through the use of
18	appropriate interlocal agreements and mutual participation for
19	mutual benefit, and
20	WHEREAS, section 163.3177(12), Florida Statutes, relating
21	to public school facilities elements of local government
22	comprehensive plans, states, in pertinent part, that local
23	governments must accomplish analyses of problems and
24	opportunities for existing schools and schools anticipated in
25	the future; analyses of opportunities to collocate future
26	schools with other public facilities, such as parks, libraries,
27	and community centers; and analyses of the need for supporting
28	public facilities for existing and future schools, and
29	WHEREAS, section 163.31777, Florida Statutes, relating to
30	public schools interlocal agreements, states, in part, that the
31	county and municipalities located within the geographic area of
32	a school district shall enter into an interlocal agreement with
33	the district school board which jointly establishes the specific
34	ways in which the plans and processes of the district school
35	board and the local governments are to be coordinated, NOW,
36	THEREFORE,
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Subsection (6) of section 163.01, Florida
41	Statutes, is amended to read:
42	163.01  Florida Interlocal Cooperation Act of 1969.--
43	(6)  An interlocal agreement may provide for one or more
44	parties to the agreement to administer or execute the agreement.
45	One or more parties to the agreement may agree to provide all or
46	a part of the services set forth in the agreement in the manner
47	provided in the agreement. The parties may provide for the
48	mutual exchange of services without payment of any contribution
49	other than such services. The parties may provide for the use or
50	maintenance of facilities or equipment of another party on a
51	cost-reimbursement basis.
52	Section 2.  Paragraphs (e) and (f) of subsection (1) of
53	section 1003.02, Florida Statutes, are amended to read:
54	1003.02  District school board operation and control of
55	public K-12 education within the school district.--As provided
56	in part II of chapter 1001, district school boards are
57	constitutionally and statutorily charged with the operation and
58	control of public K-12 education within their school district.
59	The district school boards must establish, organize, and operate
60	their public K-12 schools and educational programs, employees,
61	and facilities. Their responsibilities include staff
62	development, public K-12 school student education including
63	education for exceptional students and students in juvenile
64	justice programs, special programs, adult education programs,
65	and career education programs. Additionally, district school
66	boards must:
67	(1)  Provide for the proper accounting for all students of
68	school age, for the attendance and control of students at
69	school, and for proper attention to health, safety, and other
70	matters relating to the welfare of students in the following
71	fields:
72	(e)  Transportation.--Make provision for the transportation
73	of students to the public schools or school activities they are
74	required or expected to attend, efficiently and economically, in
75	accordance with the requirements of chapter 1006, which function
76	may be accomplished, in whole or part, by means of an interlocal
77	agreement under s. 163.01.
78	(f)  Facilities and school plant.--
79	1.  Approve and adopt a districtwide school facilities
80	program, in accordance with the requirements of chapter 1013.
81	2.  Approve plans for locating, planning, constructing,
82	sanitating, insuring, maintaining, protecting, and condemning
83	school property as prescribed in chapter 1013.
84	3.  Approve and adopt a districtwide school building
85	program.
86	4.  Select and purchase school sites, playgrounds, and
87	recreational areas located at centers at which schools are to be
88	constructed, of adequate size to meet the needs of projected
89	students to be accommodated.
90	5.  Approve the proposed purchase of any site, playground,
91	or recreational area for which school district funds are to be
92	used.
93	6.  Expand existing sites.
94	7.  Rent buildings when necessary, which function may be
95	accomplished, in whole or part, by means of an interlocal
96	agreement under s. 163.01.
97	8.  Enter into leases or lease-purchase arrangements, in
98	accordance with the requirements and conditions provided in s.
99	1013.15(2).
100	9.  Provide for the proper supervision of construction.
101	10.  Make or contract for additions, alterations, and
102	repairs on buildings and other school properties.
103	11.  Ensure that all plans and specifications for buildings
104	provide adequately for the safety and well-being of students, as
105	well as for economy of construction.
106	12.  Provide adequately for the proper maintenance and
107	upkeep of school plants, which function may be accomplished, in
108	whole or part, by means of an interlocal agreement under s.
109	163.01.
110	13.  Carry insurance on every school building in all school
111	plants including contents, boilers, and machinery, except
112	buildings of three classrooms or less which are of frame
113	construction and located in a tenth class public protection zone
114	as defined by the Florida Inspection and Rating Bureau, and on
115	all school buses and other property under the control of the
116	district school board or title to which is vested in the
117	district school board, except as exceptions may be authorized
118	under rules of the State Board of Education.
119	14.  Condemn and prohibit the use for public school
120	purposes of any building under the control of the district
121	school board.
122	Section 3.  Paragraph (a) of subsection (1) and paragraph
123	(a) of subsection (2) of section 1006.261, Florida Statutes, are
124	amended to read:
125	1006.261  Use of school buses for public purposes.--
126	(1)(a)  Each district school board may enter into
127	agreements with the governing body of a county or municipality
128	in the school district or any state agency or agencies
129	established or identified to assist in the provision of public
130	transportation and other public purposes, including, but not
131	limited to, providing for the needs of the transportation
132	disadvantaged, as defined in s. 427.011, including, but not
133	limited to, the elderly, pursuant to Pub. L. No. 89-73, as
134	amended, for the use of the school buses of the school district
135	by departments, boards, commissions, or officers of such county
136	or municipality or of the state for county, municipal, or state
137	purposes, including, but not limited to, transportation of the
138	transportation disadvantaged or other public purposes. Each such
139	agreement shall provide for reimbursement of the district school
140	board, in full or in part, for the proportionate share of fixed
141	and operating costs incurred by the district school board
142	attributable to the use of the buses pursuant to the agreement
143	or attributable to the maintenance or other activities conducted
144	by the district school board.
145	(2)(a)  The governing body or state agency or agencies
146	established or identified pursuant to Pub. L. No. 89-73, or the
147	nonprofit corporation or nonprofit civic organization or group,
148	or an agency established or identified to assist the
149	transportation disadvantaged as defined in s. 427.011, or a
150	public agency otherwise receiving services from a district
151	school board shall indemnify and hold harmless the district
152	school board from any and all liability by virtue of the use of
153	the buses pursuant to an agreement authorized by this section.
154	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.