7510 - USE OF DISTRICT FACILITIES
The School Board believes that the grounds and facilities of this District should be made available for community purposes, provided that such use does not infringe on the original and necessary purpose of the property or interfere with the educational program of the schools. The use of District grounds and facilities shall not be granted to any organization or party which believes in or teaches directly or indirectly, the overthrow of the governments of the United States, the State of Florida, and/or Seminole County.
Facilities which are owned, operated, or maintained by the Board for the conduct or support of educational programs shall be used in accordance with the following schedule of priorities.
The primary functions of District facilities are to provide facilities for the delivery of educational services and programs to students and to support that priority. Therefore, the use of schools for academic programs, student extra-curricular activities, School District programs such as staff development, the District extended day care program, and uses defined by the Board/employee union’s collective bargaining agreements shall have priority over all other uses except community disaster shelter use.
The secondary function of District facilities is to provide facilities for use by non-curriculum related student groups under equal access act (20 U.S.C. 4071) and other non-curriculum related student organizations and to provide facilities for use by various organizations whose primary function is the support of school programs including athletic booster groups, parent-teacher organizations, the Foundation for Seminole County Public Schools, and the supervisor of elections for voting precincts. No use fees shall be paid by Category II users.
The primary collateral function of District facilities is to provide facilities to other governmental agencies, primarily Seminole County and its various municipal corporations, for the conduct of programs which do not conflict with programs operated and maintained by the Board. No use fees will be paid by Category III users. However, governmental agencies contracting with organizations for the purpose of managing programs and that charge the participants a fee will be charged the District’s facility use fee. All Category III users will be charged the utility fee.
To the extent that facilities are reasonably available for use by nongovernmental community users, District facilities are available on a short-term single or repetitive use basis, so long as such users do not conflict with Category I - III users. Such priority IV uses may include, but are not limited to, church rental, indoor athletic league use, and programs open to a limited public attendance group or the general public. All Category IV users shall pay use and utility fees in accordance with the schedule herein.
This use category is limited to outdoor facilities such as practice or playing fields), basketball courts, tennis courts, softball or baseball fields, and other such facilities that are generally open to the public when not in use for school curricular and extra-curricular activities, or Board program use. Users in this category generally include, but are not limited to, the following: Pony League baseball, Little League baseball, Pop Warner football, athletic camps, and soccer leagues. Users under this category shall not conflict with use by category I - IV users. Category V users shall pay utility fees as appropriate and use fees only for restroom/locker room use as desired.
Swimming Pools may be used upon payment of the established fee under the following conditions:
1. No outside group will have exclusive use of the facility.
2. A certified lifeguard will be on duty and in position to view all swimming activities whenever the facility is open.
3. Participants’ safety will be of significant priority and all aquatic rules must be followed. The lifeguard is the authority to enforce the rules which could result in removal from the complex.
B. Possession or use of alcoholic beverages.
C. Possession or use of controlled substances.
D. Smoking or other tobacco product use as per Policy 1215, Policy 3215, Policy 3215, Policy 4215, Policy 5512, and Policy 7434. E. Possession or use of firearms, except by law enforcement officers.
F. Private teaching, except by category IV - V users.
G. Programs in violation of Florida statutes or Board rules.
Insurance and Indemnification
The following requirements are applicable to all Category II - V users, with the exception of non-curriculum student organizations meeting under equal access or otherwise.
All nongovernmental category II - V users and sub-contractors shall provide a certificate of insurance evidencing general liability coverage under an occurrence basis policy, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit covering bodily injury, property damage, personal injury, premises, operations, products, completed operations, independent contractors, and contractual liability. There shall be no exclusions for contracted liability. Coverage must be written by a carrier which has and maintains a rating of “A” or better and a financial size category of “VII” or better according to A.M. Best Company. The Board shall be named as an additional insured for claims arising out of any facility use under this policy. Proof of workers’ compensation coverage at state statutory limits must be provided for all employees of the contractor or sub-contractor. A State issued exemption certificate may be considered in lieu of worker's compensation insurance as deemed appropriate by risk management.
All governmental users shall provide evidence of insurance or self-insurance to the limits set forth in F.S. 768.28.
Except as permitted by F.S. 768.28(18), all category II - V users shall agree to defend, indemnify, and hold harmless the Board and its employees for any expense, cost, loss, damage, claim, judgment or claims bill incurred or rendered against same, including attorneys’ fees and investigation expenses (pre-suit, suit, trial, appeal, and post appeal proceedings) on account of any intentional or negligent acts or omissions of the user or its employees, agents or servants, or any intentional or negligent acts or omissions of the Board or its employees, agents or servants or the Superintendent arising out of the use of any facility under this agreement.
The following general conditions are applicable to all Category II - V users with the exception of student non-curriculum groups meeting under equal access.
The Board does not provide for the security of any property brought onto a Board facility by any user or any participant in a user activity. The Board does not provide security for any user or any participant in a user activity. The Board assumes no liability for any loss or damage to any of user's property, any participant's property, any user, or any participant in a user activity.
Sufficient security, supervision, and custodial service of the school facility shall be determined by the principal or other facility supervisor.
The use of school food service facilities (kitchen and dining facilities) requires supervision of a food service employee. The level of supervision shall be determined by the Director of Food Services or his/her designee.
Any school or community event sponsor or vendor who uses school facilities shall notify the local public health unit not less than three (3) days prior to a scheduled school carnival, fair, or other celebration involving the sale or preparation of food or beverages.
Arrangements for custodial services, food service supervision, law enforcement, administrative supervision, or other personnel services shall be made by the user. These services shall be contracted between the user and the person(s) engaged or assigned to perform the service. All payments for service shall be made directly by the user to the person(s) performing the service.
All school facility use agreements shall be approved by the school's principal and risk management. Facility use agreements for other facilities shall be approved by the Executive Director of Operations. The initial term of any facility use agreement shall not exceed six (6) months. Requests for any facility use agreement shall not exceed one (1) year.
Restroom facilities may be made available for all organizations using facilities. Restroom/Locker facilities may be made available to Category V users provided that they comply with all provisions for insurance/indemnification and all general conditions.
A principal may authorize the use of a school facility by an alumni group of that school for a reunion activity or by a local community student scholarship group for a fund-raising activity for scholarship awards without payment of the facility use fee.
Persons will not be excluded from participation in any user activity on any basis set forth in F.S. 1000.05, Florida Educational Equity Act or for any other basis prohibited by law.
Facility Use Fees
A. The payment of the rental fee shall be in accordance with the schedule set forth herein.
B. Sales tax shall be charged to and collected from all users. If a user holds a State of Florida sales tax exemption, the principal shall report the user's sales tax exemption number to the Finance Department. All sales tax shall be remitted to the Finance Department.
C. A minimum fee equal to one (1) hour's use shall be charged.
F. All utility fees and sales tax shall be promptly remitted to the Seminole County Public School Finance Department.
Prompt cancellation affords the School District the opportunity to lease spaces to other organizations. The rates listed below do not refer to utility fees. All fees for utilities are refunded at 100%.
Advance notice given to school:
More than seventy-two (72) hours: Full Refund
forty-eight (48) hours: fifty percent (50%) Refund twenty-four (24) hours: twenty-five percent (25%) Refund Less than twenty-four (24) hours: No Refund
Use fees and utility fees shall be reviewed and amended, as appropriate, by Board resolution or at such other times as recommended by the Superintendent
Appeals to the Superintendent
A person who feels his/her organization was improperly denied use of school facilities or an improper charge or fee was assessed may file a written appeal with the Superintendent for resolution