CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-38 Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Sublette and Starks offered the following:

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13         Amendment to Amendment (863613) (with title amendment) 

14         On page 32 between lines 16 and 17, of the amendment

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16  insert:

17         Section 26.  Paragraph (b) of subsection (1) of section

18  234.01, Florida Statutes, is amended to read:

19         234.01  Purpose; transportation; when provided.--

20         (1)  School boards, after considering recommendations

21  of the superintendent:

22         (b)  Shall provide transportation for public elementary

23  school students in membership whose grade level does not

24  exceed grade 6, and may provide transportation for public

25  school students in membership in grades 7 through 12, if such

26  students are subjected to hazardous walking conditions as

27  provided in s. 234.021 while en route to or from school.

28         Section 27.  Paragraph (a) of subsection (2) and

29  paragraph (b) of subsection (3) of section 234.021, Florida

30  Statutes, are amended to read:

31         234.021  Hazardous walking conditions.--

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                                                   HOUSE AMENDMENT

    hbd-38 Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         (2)  IDENTIFICATION.--

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

  3  superintendent of schools or the district superintendent's

  4  designee concerning a condition perceived to be hazardous to

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

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

  7  representative of the school district, a representative of the

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

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

10  of the local governmental entity where the perceived hazardous

11  condition exists. If any of such representatives determines

12  that a shall determine whether or not the condition is

13  hazardous to such students according to the guidelines

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

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

16  Department of Education with respect thereto.  Upon a

17  determination that a condition is hazardous to such students,

18  the district school board shall request a determination from

19  the state or local governmental entity having jurisdiction

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

21  regarding a projected completion date. State funds shall be

22  allocated for the transportation of students subjected to such

23  hazards, provided that such funding shall cease upon

24  correction of the hazard or upon the projected completion

25  date, whichever occurs first.

26         (3)  GUIDELINES CRITERIA FOR DETERMINING HAZARDOUS

27  WALKING CONDITIONS.--

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

29  considered a hazardous walking condition with respect to any

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

31  from school:

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                                                   HOUSE AMENDMENT

    hbd-38 Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  crossing site is uncontrolled. For purposes of this

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

  6  intersection or other designated crossing site where no

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

  8  other traffic control signal is present during the times

  9  students walk to and from school.

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

11  4,000 vehicles per hour through an intersection or other

12  crossing site controlled by a stop sign or other traffic

13  control signal, unless crossing guards or other traffic

14  enforcement officers are also present during the times

15  students walk to and from school.

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17  Traffic volume shall be determined by the most current traffic

18  engineering study conducted by a state or local governmental

19  agency.

20         Section 28.  Paragraph (e) of subsection (1) of section

21  236.083, Florida Statutes, is amended to read:

22         236.083  Funds for student transportation.--The annual

23  allocation to each district for transportation to public

24  school programs of students in membership in kindergarten

25  through grade 12, in migrant and exceptional student programs

26  below kindergarten, and in any other state-funded

27  prekindergarten program shall be determined as follows:

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

29  district shall determine the membership of students who are

30  transported:

31         (e)  With respect to elementary school students whose

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                                                   HOUSE AMENDMENT

    hbd-38 Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  grade level does not exceed grade 6, by reason of being

  2  subjected to hazardous walking conditions en route to or from

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

  4  appropriate, provide for the determination of membership under

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

  6  of students who require transportation only until such

  7  hazardous conditions are corrected. Any funds appropriated in

  8  the 2001-2002 General Appropriations Act for student

  9  transportation that are in addition to the funds provided in

10  the 2000-2001 General Appropriations Act for student

11  transportation and that are not designated in the 2001-2002

12  budget workpapers as funds provided for student enrollment

13  growth shall be used to fund students transported according to

14  s. 234.01(1)(b), including those transported by school

15  district option; and

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18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 36, line 8 of the amendment

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22  after the semicolon, insert:

23         amending s. 234.01, F.S., authorizing

24         transportation of additional students subjected

25         to hazardous walking conditions; amending s.

26         234.021, F.S., relating to hazardous walking

27         conditions; requiring a hazardous walking

28         condition to be inspected by a representative

29         of the county sheriff and a representative of

30         the local safety council, if a safety council

31         exists in the county; providing for a walking

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                                                   HOUSE AMENDMENT

    hbd-38 Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         condition to be determined hazardous based on

  2         the guidelines of this section or based on

  3         findings upon inspection; revising guidelines

  4         for determining hazardous walking conditions;

  5         amending s. 236.083, F.S.; providing funds for

  6         the transportation of additional students

  7         transported by reason of being subjected to

  8         hazardous walking conditions;

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