Public Schools Interlocal Agreements (§163.31777, F.S.)

This is a summary review of §163.31777, as amended in 2011 (by Section 13 of Florida HB 7207). The review addresses the requirements for public school interlocal agreements.

In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bill or the official Florida Statutes for the actual statutory provisions. See here, Public schools interlocal agreement, for an unofficial version of the language from the bill integrated into the previous statute provisions.

  1. No new language is added to the section. It is significantly simplified.
    1. The first sentence of previous paragraph 163.31777(1)(a) remains the same – “The county and municipalities located within the geographic area of a school district shall enter into an interlocal agreement with the district school board which jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated.”
    2. A middle sentence of previous paragraph 163.31777(1)(d) – “Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement to which all join as parties.” – is added to the new subsection (1) to complete that subsection.
    3. The list of items the interlocal agreement must address from previous subsection 163.31777(2), with a simplified introduction sentence, remains the same and comprise the remainder of the section.
  2. The rest of the section is deleted.
    1. The requirement that school interlocal agreements be submitted to the state is eliminated. Accordingly, the submittal schedule and all language related to the state review is deleted. (§163.31777(1), F.S.)
    2. The previous §163.3177(1)(d), F.S., language, addressing interlocal agreements adopted before the adoption of the previous section, is deleted.
    3. The previous §163.3177(5), F.S., language, addressing amendments to public school elements transmitted before the adoption of the previous section, is deleted.
  3. With the removal of the state review from the process, the process for sanctions and other enforcement mechanisms are also eliminated. There does not appear to be any penalty in this section for failure to prepare public school interlocal agreements or failure to prepare the agreement in compliance with the statute requirements.
  4. The administrative proceedings option for affected parties to challenge the consistency of the interlocal agreement with the statutes is eliminated as a separate (and the exclusive) process.

One response to “Public Schools Interlocal Agreements (§163.31777, F.S.)

  1. If there is no penalty for failure to comply with statute, what good is the statute? Obviously, an advisory function remains, but why keep the statute in tact without penalty?

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