Florida Senate - 2014                                     SB 396
       By Senator Bean
       4-00387-14                                             2014396__
    1                        A bill to be entitled                      
    2         An act relating to the joint use of public school
    3         facilities; creating s. 1013.105, F.S.; providing
    4         legislative findings; authorizing each district school
    5         board to adopt written policies to promote public
    6         access to outdoor recreation and sports facilities on
    7         school property, to increase the number of joint-use
    8         agreements, and to develop and adopt written policies
    9         and procedures for an appeal process if negotiations
   10         for a joint-use agreement fail; providing duties of
   11         district school boards and the Department of
   12         Education; creating s. 768.072, F.S.; providing
   13         immunity from civil liability for a district school
   14         board that adopts public access policies or enters
   15         into a joint-use agreement except in instances of
   16         gross negligence or intentional misconduct; providing
   17         application; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 1013.105, Florida Statutes, is created
   22  to read:
   23         1013.105 Joint use of public school facilities.—
   24         (1) The Legislature finds that greater access to recreation
   25  and sports facilities is needed in this state to reduce the
   26  impact of obesity on personal health and health care
   27  expenditures. The Legislature further finds that public schools
   28  are equipped with taxpayer-funded playgrounds, fields, tracks,
   29  courts, and other outdoor recreation and sports facilities that
   30  offer easily accessible opportunities for physical activity for
   31  residents of the community.
   32         (2) Each district school board may:
   33         (a) Develop and adopt written policies to promote public
   34  access to the outdoor recreation and sports facilities on public
   35  school property during nonschool hours when a school-sponsored
   36  or school-related activity is not occurring. A public access
   37  policy should outline the outdoor recreation and sports
   38  facilities that are open to the public and the hours during
   39  which the facilities are open.
   40         (b) Increase the number of joint-use agreements entered
   41  into with a local government or a private organization. A joint
   42  use agreement should specify the terms and conditions for the
   43  shared use of outdoor recreation and sports facilities on public
   44  school property.
   45         (c) Develop and adopt written policies and procedures
   46  providing for an appeal process in which a party seeking to
   47  enter into a joint-use agreement with a school district pursuant
   48  to this section may file an appeal with the district school
   49  superintendent if the negotiations for such joint-use agreement
   50  fail.
   52  Within 30 days after adopting a public access policy or entering
   53  into a joint-use agreement, a district school board shall submit
   54  a copy of the policy or agreement to the Department of
   55  Education.
   56         (3) The Department of Education shall:
   57         (a) Develop a model joint-use agreement and post the model
   58  agreement on its website.
   59         (b) Post on its website links to or copies of all public
   60  access policies and joint-use agreements submitted to the
   61  department by a district school board.
   62         (c) Develop criteria for the acceptance of grants for
   63  implementing joint-use agreements and post the criteria on its
   64  website.
   65         Section 2. Section 768.072, Florida Statutes, is created to
   66  read:
   67         768.072 Limitation on public school premises liability.—
   68         (1) A district school board is not liable for civil damages
   69  for personal injury, property damage, or death that occurs on a
   70  public school property that the district school board has made
   71  available to the public through public access policies or joint
   72  use agreements under s. 1013.105, unless gross negligence or
   73  intentional misconduct on the part of the district school board
   74  is a proximate cause of the injury, damage, or death.
   75         (2) This section does not change liability for injury,
   76  damage, or death that occurs during school hours or during a
   77  school-sponsored or school-related activity.
   78         (3) This section does not waive sovereign immunity beyond
   79  the limited waiver in s. 768.28.
   80         Section 3. This act shall take effect July 1, 2014.