Senate Bill sb2126

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    Florida Senate - 2007                                  SB 2126

    By Senator Constantine





    22-739-07

  1                      A bill to be entitled

  2         An act relating to public school student

  3         transportation; amending s. 1006.23, F.S.;

  4         expanding the application of laws concerning

  5         hazardous walking conditions for the purpose of

  6         transportation to schools to include all K-12

  7         students; revising criteria for determination

  8         of hazardous walking conditions; amending ss.

  9         1002.20, 1006.21, and 1011.68, F.S.; conforming

10         provisions; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsections (1) and (4) of section 1006.23,

15  Florida Statutes, are amended to read:

16         1006.23  Hazardous walking conditions.--

17         (1)  DEFINITION.--As used in this section, "student"

18  means any K-12 public elementary school student whose grade

19  level does not exceed grade 6.

20         (4)  STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING

21  CONDITIONS.--

22         (a)  Walkways parallel to the road.--

23         1.  It shall be considered a hazardous walking

24  condition with respect to any road along which students must

25  walk in order to walk to and from school if there is not an

26  area at least 4 feet wide adjacent to the road, having a

27  surface upon which students may walk without being required to

28  walk on the road surface. In addition, whenever the road along

29  which students must walk is uncurbed and has a posted speed

30  limit of 35 55 miles per hour, the area as described above for

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    Florida Senate - 2007                                  SB 2126
    22-739-07




 1  students to walk upon shall be set off the road by no less

 2  than 3 feet from the edge of the road.

 3         2.  The provisions of subparagraph 1. do not apply when

 4  the road along which students must walk:

 5         a.  Is in a residential area which has little or no

 6  transient traffic;

 7         b.  Is a road on which the volume of traffic is less

 8  than 180 vehicles per hour, per direction, during the time

 9  students walk to and from school; or

10         c.  Is located in a residential area and has a posted

11  speed limit of 30 miles per hour or less.

12         (b)  Walkways perpendicular to the road.--It shall be

13  considered a hazardous walking condition with respect to any

14  road across which students must walk in order to walk to and

15  from school:

16         1.  If the traffic volume on the road exceeds the rate

17  of 360 vehicles per hour, per direction (including all lanes),

18  during the time students walk to and from school and if the

19  crossing site is uncontrolled. For purposes of this

20  subsection, an "uncontrolled crossing site" is an intersection

21  or other designated crossing site where no crossing guard,

22  traffic enforcement officer, or stop sign or other traffic

23  control signal is present during the times students walk to

24  and from school.

25         2.  If the total traffic volume on the road exceeds

26  4,000 vehicles per hour through an intersection or other

27  crossing site controlled by a stop sign or other traffic

28  control signal, unless crossing guards or other traffic

29  enforcement officers are also present during the times

30  students walk to and from school.

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    Florida Senate - 2007                                  SB 2126
    22-739-07




 1         3.  If the road has six or more lanes whether the

 2  intersection or crossing site is controlled or uncontrolled.

 3         (c)  Residents designated as sexual predators or sexual

 4  offenders.--It shall be a hazardous walking condition with

 5  respect to any section of road along which students must walk

 6  in order to walk to and from school if a resident on that

 7  section of road has been designated as a sexual predator under

 8  s. 775.21 or a sexual offender under s. 943.0435 whose victims

 9  include a minor.

10  

11  For purposes of this subsection, traffic volume shall be

12  determined by the most current traffic engineering study

13  conducted by a state or local governmental agency.

14         Section 2.  Paragraph (b) of subsection (22) of section

15  1002.20, Florida Statutes, is amended to read:

16         1002.20  K-12 student and parent rights.--Parents of

17  public school students must receive accurate and timely

18  information regarding their child's academic progress and must

19  be informed of ways they can help their child to succeed in

20  school. K-12 students and their parents are afforded numerous

21  statutory rights including, but not limited to, the following:

22         (22)  TRANSPORTATION.--

23         (b)  Hazardous walking conditions.--K-12 K-6 public

24  school students shall be provided transportation if they are

25  subjected to hazardous walking conditions, in accordance with

26  the provisions of ss. 1006.21(3)(b) and 1006.23.

27         Section 3.  Paragraph (b) of subsection (3) of section

28  1006.21, Florida Statutes, is amended to read:

29         1006.21  Duties of district school superintendent and

30  district school board regarding transportation.--

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    Florida Senate - 2007                                  SB 2126
    22-739-07




 1         (3)  District school boards, after considering

 2  recommendations of the district school superintendent:

 3         (b)  Shall provide transportation for K-12 public

 4  elementary school students in membership whose grade level

 5  does not exceed grade 6, and may provide transportation for

 6  public school students in membership in grades 7 through 12,

 7  if such students are subjected to hazardous walking conditions

 8  as provided in s. 1006.23 while en route to or from school.

 9         Section 4.  Paragraph (e) of subsection (1) of section

10  1011.68, Florida Statutes, is amended to read:

11         1011.68  Funds for student transportation.--The annual

12  allocation to each district for transportation to public

13  school programs, including charter schools as provided in s.

14  1002.33(17)(b), of students in membership in kindergarten

15  through grade 12 and in migrant and exceptional student

16  programs below kindergarten shall be determined as follows:

17         (1)  Subject to the rules of the State Board of

18  Education, each district shall determine the membership of

19  students who are transported:

20         (e)  With respect to K-12 elementary school students

21  whose grade level does not exceed grade 6, by reason of being

22  subjected to hazardous walking conditions en route to or from

23  school as provided in s. 1006.23. Such rules shall, when

24  appropriate, provide for the determination of membership under

25  this paragraph for less than 1 year to accommodate the needs

26  of students who require transportation only until such

27  hazardous conditions are corrected.

28         Section 5.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 2126
    22-739-07




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 2                          SENATE SUMMARY

 3    Expands the application of laws concerning hazardous
      walking conditions for purpose of transportation to
 4    schools to include all K-12 students. Revises criteria
      for determining hazardous walking conditions.
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