House Bill 0997

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    Florida House of Representatives - 1999                 HB 997

        By Representatives C. Green and Gay






  1                      A bill to be entitled

  2         An act relating to student transportation;

  3         amending s. 234.021, F.S.; revising provisions

  4         relating to identification of hazardous walking

  5         conditions; requiring that allocations to

  6         correct hazardous walking conditions be made

  7         within a certain time period; amending s.

  8         236.083, F.S.; revising requirements regarding

  9         distance from school for purposes of

10         transportation funding eligibility; providing

11         an effective date.

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

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15         Section 1.  Subsection (2) and paragraph (a) of

16  subsection (3) of section 234.021, Florida Statutes, are

17  amended to read:

18         234.021  Hazardous walking conditions.--

19         (2)  IDENTIFICATION.--

20         (a)  When a request for review is made to the district

21  superintendent of schools or the district superintendent's

22  designee concerning a condition perceived to be hazardous to

23  students in that district who live within the distance

24  prescribed by s. 236.083(1) 2-mile limit and who walk to

25  school, such condition shall be inspected by a representative

26  of the school district and a representative of the local

27  governmental entity where the perceived hazardous condition

28  exists.  Such representatives shall determine whether or not

29  the condition is hazardous to such students and shall report

30  to the Department of Education and the governmental entity,

31  either the state, county, or local municipality, having

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    Florida House of Representatives - 1999                 HB 997

    705-106-99






  1  jurisdiction with respect thereto.  Upon a determination that

  2  a condition is hazardous to such students, the district school

  3  board shall request a determination from the state or local

  4  governmental entity having jurisdiction regarding whether the

  5  hazard will be corrected and, if so, regarding a projected

  6  completion date.  State funds shall be allocated for the

  7  transportation of students subjected to such hazards, provided

  8  that such funding shall cease upon correction of the hazard or

  9  upon the projected completion date, whichever occurs first.

10         (b)  It is intended that district school boards and

11  local governmental entities work cooperatively to identify

12  conditions which are hazardous to students who must walk to

13  school. Whichever governmental entity, either the It is

14  further intended that state, county, or local municipality,

15  has governmental entities having jurisdiction must make

16  appropriate budgetary allocations to correct such hazardous

17  conditions within 24 months of notification of the

18  determination of a hazardous walking condition a reasonable

19  period of time.

20         (3)  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  reasonably flat, obstacle-free surface upon which students may

28  walk without being required to walk on the road surface.  In

29  addition, whenever the road along which students must walk is

30  uncurbed and has a posted speed limit of 55 miles per hour,

31  the area as described above for students to walk upon shall be

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    Florida House of Representatives - 1999                 HB 997

    705-106-99






  1  set off the road by no less than 3 feet from the edge of the

  2  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         Section 2.  Paragraph (a) of subsection (1) of section

13  236.083, Florida Statutes, is amended to read:

14         236.083  Funds for student transportation.--The annual

15  allocation to each district for transportation to public

16  school programs of students in membership in kindergarten

17  through grade 12, in migrant and exceptional student programs

18  below kindergarten, and in any other state-funded

19  prekindergarten program shall be determined as follows:

20         (1)  Subject to the rules of the commissioner, each

21  district shall determine the membership of students who are

22  transported:

23         (a)  By reason of being in kindergarten through grade 3

24  and living 1 mile or more from school or being in grades 4

25  through 12 and living 2 miles or more from school;

26         Section 3.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 997

    705-106-99






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  2                          HOUSE SUMMARY

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      Revises provisions relating to identification of
  4    hazardous walking conditions. Requires that allocations
      to correct hazardous walking conditions be made within a
  5    certain time period. Revises requirements regarding
      distance from school for purposes of transportation
  6    funding eligibility.

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