Bill Text: FL S0154 | 2015 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Hazardous Walking Conditions

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2015-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 41 (Ch. 2015-101) [S0154 Detail]

Download: Florida-2015-S0154-Comm_Sub.html

---

       Florida Senate - 2015                              CS for SB 154
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Hays
       
       
       
       
       
       581-01702-15                                           2015154c1
    1                        A bill to be entitled                      
    2         An act relating to hazardous walking conditions;
    3         amending s. 1006.23, F.S.; revising criteria that
    4         determine a hazardous walking condition for public
    5         school students; revising procedures for inspection
    6         and identification of hazardous walking conditions;
    7         requiring a district school superintendent to initiate
    8         a formal request for correction of a hazardous walking
    9         condition under certain circumstances; authorizing a
   10         district school board to initiate a declaratory
   11         judgment proceeding under certain circumstances and
   12         providing requirements therefor; deleting the
   13         requirement that the district school superintendent
   14         and specified governmental entities make a final
   15         determination that is mutually agreed upon regarding
   16         hazardous walking conditions; requiring a district
   17         school board to correct hazardous walking conditions
   18         and provide transportation to students who would be
   19         subjected to hazardous walking conditions; requiring
   20         state or local governmental entities with jurisdiction
   21         over a road with a hazardous walking condition to
   22         correct the condition within a reasonable period of
   23         time; providing requirements for a governmental entity
   24         relating to its capital improvements program;
   25         providing requirements relating to a civil action for
   26         damages; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 1006.23, Florida Statutes, is reordered
   31  and amended to read:
   32         1006.23 Hazardous walking conditions.—
   33         (1) DEFINITION.—As used in this section, the term “student”
   34  means any public elementary school student whose grade level
   35  does not exceed grade 6.
   36         (4)(2) TRANSPORTATION; CORRECTION OF HAZARDS.—
   37         (a) A district school board It is intended that district
   38  school boards and other governmental entities shall work
   39  cooperatively to identify conditions that are hazardous along
   40  student walking routes to school, and a district school board
   41  shall that district school boards provide transportation to
   42  students who would be subjected to such conditions.
   43  Additionally, It is further intended that state or local
   44  governmental entities with having jurisdiction over a road along
   45  which a hazardous walking condition is determined to exist shall
   46  correct the condition such hazardous conditions within a
   47  reasonable period of time.
   48         (b) Upon a determination pursuant to subsection (3) this
   49  section that a hazardous walking condition exists is hazardous
   50  to students, the district school superintendent board shall
   51  request a position statement with respect to correction of such
   52  condition determination from the state or local governmental
   53  entity with having jurisdiction over the road. Within 90 days
   54  after receiving such request, the state or local governmental
   55  entity shall inform the district school superintendent regarding
   56  whether the entity will include correction of the hazardous
   57  walking condition in its next annual 5-year capital improvements
   58  program hazard will be corrected and, if so, when correction of
   59  the condition will be completed. If the hazardous walking
   60  condition will not be included in the state or local
   61  governmental entity’s next annual 5-year capital improvements
   62  program, the factors justifying such conclusion must be stated
   63  in writing to the district school superintendent and the
   64  Department of Education regarding a projected completion date.
   65         (c) State funds shall be allocated for the transportation
   66  of students subjected to a hazardous walking condition. However,
   67  such hazards, provided that such funding shall cease upon
   68  correction of the hazardous walking condition hazard or upon the
   69  projected completion date, whichever occurs first.
   70         (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.—
   71         (a) When a request for review is made by to the district
   72  school superintendent with respect to a road over which a state
   73  or local governmental entity has jurisdiction or the district
   74  school superintendent’s designee concerning a condition
   75  perceived to be hazardous to students in that district who live
   76  within the 2-mile limit and who walk to school, such condition
   77  shall be inspected jointly by a representative of the school
   78  district, and a representative of the state or local
   79  governmental entity with that has jurisdiction over the
   80  perceived hazardous location, and a representative of the
   81  municipal police department for a municipal road, a
   82  representative of the sheriff’s office for a county road, or a
   83  representative of the Department of Transportation for a state
   84  road. If the jurisdiction is within an area for which there is a
   85  metropolitan planning organization, a representative of that
   86  organization shall also be included. The governmental
   87  representatives shall determine whether the condition
   88  constitutes a hazardous walking condition as provided in
   89  subsection (2). If the governmental representatives concur that
   90  a condition constitutes a hazardous walking condition as
   91  provided in subsection (2), they shall report that determination
   92  in writing to the district school superintendent, who shall
   93  initiate a formal request for correction as provided in
   94  subsection (4).
   95         (b) If the governmental representatives are unable to reach
   96  a consensus, the reasons for lack of consensus shall be reported
   97  to the district school superintendent, who shall provide a
   98  report and recommendation to the district school board. The
   99  district school board may initiate a proceeding under chapter 86
  100  seeking a determination as to whether the condition constitutes
  101  a hazardous walking condition as provided in subsection (2)
  102  after providing at least 30 days’ notice in writing to the local
  103  governmental entities having jurisdiction over the road of its
  104  intent to do so unless, within 30 days after such notice is
  105  provided, the local governmental entities concur in writing that
  106  the condition is a hazardous walking condition as provided in
  107  subsection (2) and provide the position statement pursuant to
  108  subsection (4). If a proceeding is initiated under this
  109  paragraph, the district school board has the burden of proving
  110  such condition by the greater weight of evidence. If the
  111  district school board prevails, the district school
  112  superintendent shall report the outcome to the Department of
  113  Education and initiate a formal request for correction of the
  114  hazardous walking condition as provided in subsection (4) The
  115  district school superintendent or his or her designee and the
  116  state or local governmental entity or its representative shall
  117  then make a final determination that is mutually agreed upon
  118  regarding whether the hazardous condition meets the state
  119  criteria pursuant to this section. The district school
  120  superintendent or his or her designee shall report this final
  121  determination to the Department.
  122         (2)(4) STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING
  123  CONDITIONS.—
  124         (a) Walkways parallel to the road.—
  125         1. It shall be considered a hazardous walking condition
  126  with respect to any road along which students must walk in order
  127  to walk to and from school if there is not an area at least 4
  128  feet wide adjacent to the road, not including drainage ditches,
  129  sluiceways, swales, or channels, having a surface upon which
  130  students may walk without being required to walk on the road
  131  surface. In addition, whenever the road along which students
  132  must walk is uncurbed and has a posted speed limit of 50 55
  133  miles per hour or greater, the area as described above for
  134  students to walk upon shall be set off the road by no less than
  135  3 feet from the edge of the road.
  136         2. The provisions of Subparagraph 1. does do not apply when
  137  the road along which students must walk:
  138         a. Is in a residential area which has little or no
  139  transient traffic;
  140         a.b. Is a road on which the volume of traffic is less than
  141  180 vehicles per hour, per direction, during the time students
  142  walk to and from school; or
  143         b.c. Is located in a residential area and has a posted
  144  speed limit of 30 miles per hour or less.
  145         (b) Walkways perpendicular to the road.—It shall be
  146  considered a hazardous walking condition with respect to any
  147  road across which students must walk in order to walk to and
  148  from school if:
  149         1. If The traffic volume on the road exceeds the rate of
  150  360 vehicles per hour, per direction (including all lanes),
  151  during the time students walk to and from school and if the
  152  crossing site is uncontrolled. For purposes of this subsection,
  153  an “uncontrolled crossing site” is an intersection or other
  154  designated crossing site where no crossing guard, traffic
  155  enforcement officer, or stop sign or other traffic control
  156  signal is present during the times students walk to and from
  157  school.
  158         2. If The total traffic volume on the road exceeds 4,000
  159  vehicles per hour through an intersection or other crossing site
  160  controlled by a stop sign or other traffic control signal,
  161  unless crossing guards or other traffic enforcement officers are
  162  also present during the times students walk to and from school.
  163  
  164  Traffic volume shall be determined by the most current traffic
  165  engineering study conducted by a state or local governmental
  166  agency.
  167         (c) Crossings over the road.—It shall be considered a
  168  hazardous walking condition with respect to any road at any
  169  uncontrolled crossing site which students must walk in order to
  170  walk to and from school if:
  171         1. The road has a posted speed limit of 50 miles per hour
  172  or greater; or
  173         2. The road has six lanes or more, not including turn
  174  lanes, regardless of the speed limit.
  175         (5) CIVIL ACTION.—In a civil action for damages brought
  176  against a governmental entity under s. 768.28, the designation
  177  of a hazardous walking condition under this section is not
  178  admissible in evidence.
  179         Section 2. This act shall take effect July 1, 2015.