Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 396
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 768.072, Florida Statutes, is created to
6 read:
7 768.072 Limitation on public premises liability for public
8 school property and joint community projects, and background
9 screening requirements.—
10 (1) (a) A district school board is not liable for civil
11 damages for personal injury, property damage, or death that
12 occurs on a public school property that the district school
13 board has opened to the public through joint-use agreements or
14 public access policies pursuant to this subsection, unless gross
15 negligence or intentional misconduct on the part of the district
16 school board is a proximate cause of the injury, damage, or
17 death.
18 (b) A district school board may, at its discretion, enter
19 into a joint-use agreement with a local government or a private
20 organization or adopt public access policies to enable public
21 access to indoor or outdoor recreation and sports facilities on
22 public school property. A joint-use agreement or public access
23 policy must specify the facilities to be used, dates and times
24 of use, and terms and conditions governing use of such
25 facilities and may include provisions regarding liability
26 insurance coverage and indemnification of the school district.
27 (2) (a) A district school board, county, city or Florida
28 College System institution is not liable for civil damages for
29 personal injury, property damage, or death that occurs on
30 property upon which a joint community project operates and is
31 accessed by the public through joint-use agreements or public
32 access policies pursuant to this subsection, unless gross
33 negligence or intentional misconduct on the part of the district
34 school board, county, city or Florida College System institution
35 is a proximate cause of the injury, damage, or death. No party
36 to the joint-use agreements or public access policies shall be
37 liable for more than their pro rata share of negligence.
38 (b) A district school board may enter into agreements with
39 a county, city, or Florida College System institution to develop
40 and operate joint community projects. The agreements must
41 specify how the joint community project will be developed and
42 operated, where the project will be located, that the operating
43 entity may enter into joint-use agreements pursuant to this
44 subsection, how public access policies pursuant to this
45 subsection will be adopted, and any other provisions necessary
46 to develop and operate the joint community project.
47 (c) A joint-use agreement or public access policy for the
48 joint community project must specify the facilities to be used,
49 dates and times of use, and terms and conditions governing use
50 of such facilities, and may include provisions regarding
51 liability insurance coverage, indemnification of the school
52 district and the county, city, or Florida College System
53 institution and any other necessary provisions.
54 (3) This section does not affect liability for injury,
55 damage, or death that occurs during school hours or during a
56 school-sponsored activity.
57 (4) This section does not waive sovereign immunity beyond
58 the limited waiver in s. 768.28.
59 (5) Section 1012.467 does not apply to the portion of the
60 property made available pursuant to this section when there is
61 no school-sponsored or school-related program or activity in
62 progress. This subsection does not expand the applicability of
63 s. 1012.467.
64 Section 2. This act shall take effect July 1, 2014.
65
66 ================= T I T L E A M E N D M E N T ================
67 And the title is amended as follows:
68 Delete everything before the enacting clause
69 and insert:
70 A bill to be entitled
71 An act relating to the joint use and public access of
72 public school facilities and joint community projects;
73 creating s. 768.072, F.S.; authorizing district school
74 boards to enter into joint-use agreements or adopt
75 public access policies; providing immunity from
76 liability for a district school board that enters into
77 a joint-use agreement or adopts public access policies
78 except in instances of gross negligence or intentional
79 misconduct; authorizing a district school board to
80 enter into agreements with a county, city, or Florida
81 College System institution to develop and operate
82 joint community projects; providing immunity from
83 liability for a district school board, county, city or
84 Florida College System institution that enters into
85 joint-use agreements or adopts public access policies
86 except in instances of gross negligence or intentional
87 misconduct; limiting liability to a pro rata share of
88 negligence; providing applicability; providing that s.
89 1012.467 does not apply when there is no school
90 sponsored or school-related program or activity in
91 progress; providing an effective date.