House Bill 1541

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    Florida House of Representatives - 2000                HB 1541

        By Representative Sublette






  1                      A bill to be entitled

  2         An act relating to student transportation;

  3         amending s. 234.01, F.S., relating to the

  4         determination of student membership for

  5         transportation; requiring school boards to

  6         provide transportation for public school

  7         students who are subjected to hazardous walking

  8         conditions, regardless of age; amending s.

  9         234.021, F.S., relating to hazardous walking

10         conditions; revising the definition of student

11         for purposes of transportation due to hazardous

12         walking conditions; requiring a hazardous

13         walking condition to be inspected by a

14         representative of the county sheriff and a

15         representative of the local safety council, if

16         a safety council exists in the county;

17         providing for a walking condition to be

18         determined hazardous based on the guidelines of

19         this section or based on findings upon

20         inspection; revising requirements regarding the

21         provision of state funds for the transportation

22         of students subjected to hazardous walking

23         conditions; requiring the Florida Department of

24         Transportation to cooperate with local

25         governments to construct walkways parallel to

26         state roads to correct a hazardous walking

27         condition; amending s. 236.083, F.S.; revising

28         provisions relating to funds for student

29         transportation to conform; providing an

30         effective date.

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    Florida House of Representatives - 2000                HB 1541

    534-219B-00






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

  2

  3         Section 1.  Paragraph (b) of subsection (1) of section

  4  234.01, Florida Statutes, is amended to read:

  5         234.01  Purpose; transportation; when provided.--

  6         (1)  School boards, after considering recommendations

  7  of the superintendent:

  8         (b)  Shall provide transportation for public elementary

  9  school students in membership whose grade level does not

10  exceed grade 6, if such students are subjected to hazardous

11  walking conditions as provided in s. 234.021 while en route to

12  or from school.

13         Section 2.  Subsections (1) and (2) and paragraph (b)

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

15  amended to read:

16         234.021  Hazardous walking conditions.--

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

18  means any public elementary school student whose grade level

19  does not exceed grade 6.

20         (2)  IDENTIFICATION.--

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

22  superintendent of schools or the district superintendent's

23  designee concerning a condition perceived to be hazardous to

24  students in that district who live within the 2-mile limit and

25  who walk to school, such condition shall be inspected by a

26  representative of the school district, a representative of the

27  county sheriff, a representative of the local safety council,

28  if a safety council exists in the county, and a representative

29  of the local governmental entity where the perceived hazardous

30  condition exists. If any of such representatives determines

31  that a shall determine whether or not the condition is

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    Florida House of Representatives - 2000                HB 1541

    534-219B-00






  1  hazardous to such students according to the guidelines

  2  established by subsection (3) or based upon his or her

  3  findings upon inspection, he or she and shall report to the

  4  Department of Education with respect thereto.  Upon a

  5  determination that a condition is hazardous to such students,

  6  the district school board shall request a determination from

  7  the state or local governmental entity having jurisdiction

  8  regarding whether the hazard will be corrected and, if so,

  9  regarding a projected completion date.

10         (b)  State funds shall be allocated for the

11  transportation of students subjected to such hazards until,

12  provided that such funding shall cease upon correction of the

13  hazard is corrected or until upon the projected completion

14  date, whichever occurs first. The Florida Department of

15  Transportation shall cooperate with local governments to

16  construct walkways parallel to state roads to correct a

17  hazardous walking condition. If the hazardous walking

18  condition is not correctable, or if correcting it is not

19  economically feasible, state funds shall be allocated for the

20  transportation of students subjected to such hazards.

21         (c)(b)  It is intended that district school boards and

22  local governmental entities work cooperatively to identify

23  conditions which are hazardous to students who must walk to

24  school. It is further intended that state or local

25  governmental entities having jurisdiction correct such

26  hazardous conditions within a reasonable period of time.

27         (3)  GUIDELINES CRITERIA FOR DETERMINING HAZARDOUS

28  WALKING CONDITIONS.--

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

30  considered a hazardous walking condition with respect to any

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    Florida House of Representatives - 2000                HB 1541

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

  2  from school:

  3         1.  If the traffic volume on such road exceeds the rate

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

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

  6  crossing site is uncontrolled. For purposes of this

  7  subsection, an "uncontrolled crossing site" is defined as an

  8  intersection or other designated crossing site where no

  9  crossing guard, traffic enforcement officer, or stop sign or

10  other traffic control signal is present during the times

11  students walk to and from school.

12         2.  If the total traffic volume on such road exceeds

13  4,000 vehicles per hour through an intersection or other

14  crossing site controlled by a stop sign or other traffic

15  control signal, unless crossing guards or other traffic

16  enforcement officers are also present during the times

17  students walk to and from school.

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19  Traffic volume shall be determined by the most current traffic

20  engineering study conducted by a state or local governmental

21  agency.

22         Section 3.  Paragraph (e) of subsection (1) of section

23  236.083, Florida Statutes, is amended to read:

24         236.083  Funds for student transportation.--The annual

25  allocation to each district for transportation to public

26  school programs of students in membership in kindergarten

27  through grade 12, in migrant and exceptional student programs

28  below kindergarten, and in any other state-funded

29  prekindergarten program shall be determined as follows:

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    Florida House of Representatives - 2000                HB 1541

    534-219B-00






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

  2  district shall determine the membership of students who are

  3  transported:

  4         (e)  With respect to elementary school students whose

  5  grade level does not exceed grade 6, By reason of being

  6  subjected to hazardous walking conditions en route to or from

  7  school as provided in s. 234.021.  Such rules shall, when

  8  appropriate, provide for the determination of membership under

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

10  of students who require transportation only until such

11  hazardous conditions are corrected or until such students are

12  no longer subjected to the hazardous walking conditions; and

13         Section 4.  This act shall take effect July 1, 2000.

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15            *****************************************

16                          HOUSE SUMMARY

17
      Requires school boards to provide transportation for
18    public school students who are subjected to hazardous
      walking conditions, regardless of age. Requires a
19    hazardous walking condition to be inspected by a
      representative of the county sheriff and a representative
20    of the local safety council, if a safety council exists
      in the county. Revises requirements regarding the
21    provision of state funds for the transportation of
      students subjected to hazardous walking conditions.
22    Requires the Florida Department of Transportation to
      cooperate with local governments to construct walkways
23    parallel to state roads to correct a hazardous walking
      condition.
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