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A bill to be entitled

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An act relating to public school student transportation;

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amending s. 1006.23, F.S.; providing that hazardous

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walking conditions for purpose of transportation to

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schools applies to K-12 students; revising criteria for

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determination of hazardous walking conditions; amending

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

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provisions; providing an effective date.

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

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

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Florida Statutes, are amended to read:

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     1006.23  Hazardous walking conditions.--

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

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any K-12 public elementary school student whose grade level does

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not exceed grade 6.

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     (4)  STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING

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CONDITIONS.--

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     (a)  Walkways parallel to the road.--

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     1.  It shall be considered a hazardous walking condition

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with respect to any road along which students must walk in order

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to walk to and from school if there is not an area at least 4

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feet wide adjacent to the road, having a surface upon which

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students may walk without being required to walk on the road

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surface. In addition, whenever the road along which students must

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walk is uncurbed and has a posted speed limit of 35 55 miles per

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hour, the area as described above for students to walk upon shall

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

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road.

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

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road along which students must walk:

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

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transient traffic;

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

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180 vehicles per hour, per direction, during the time students

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walk to and from school; or

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

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limit of 30 miles per hour or less.

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

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considered a hazardous walking condition with respect to any road

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across which students must walk in order to walk to and from

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school:

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

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

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

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crossing site is uncontrolled. For purposes of this subsection,

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an "uncontrolled crossing site" is an intersection or other

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designated crossing site where no crossing guard, traffic

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enforcement officer, or stop sign or other traffic control signal

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is present during the times students walk to and from school.

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     2.  If the total traffic volume on the road exceeds 4,000

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vehicles per hour through an intersection or other crossing site

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controlled by a stop sign or other traffic control signal, unless

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crossing guards or other traffic enforcement officers are also

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present during the times students walk to and from school.

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

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intersection or crossing site is controlled or uncontrolled.

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     (c) Residents designated as sexual predators or sexual

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offenders.--It shall be considered a hazardous walking condition

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with respect to any section of road along which students must

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walk in order to walk to and from school if a resident on the

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section of road has been designated as a sexual predator under s.

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775.21 or a sexual offender under s. 943.0435 whose victims

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include a minor.

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For purposes of this subsection, traffic volume shall be

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determined by the most current traffic engineering study

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conducted by a state or local governmental agency.

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

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1002.20, Florida Statutes, is amended to read:

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

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school students must receive accurate and timely information

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regarding their child's academic progress and must be informed of

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ways they can help their child to succeed in school. K-12

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students and their parents are afforded numerous statutory rights

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including, but not limited to, the following:

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     (22)  TRANSPORTATION.--

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

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students shall be provided transportation if they are subjected

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to hazardous walking conditions, in accordance with the

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

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

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1006.21, Florida Statutes, is amended to read:

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     1006.21  Duties of district school superintendent and

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district school board regarding transportation.--

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     (3)  District school boards, after considering

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recommendations of the district school superintendent:

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

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school students in membership whose grade level does not exceed

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grade 6, and may provide transportation for public school

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

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are subjected to hazardous walking conditions as provided in s.

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1006.23 while en route to or from school.

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

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1011.68, Florida Statutes, is amended to read:

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     1011.68  Funds for student transportation.--The annual

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allocation to each district for transportation to public school

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programs, including charter schools as provided in s.

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

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grade 12 and in migrant and exceptional student programs below

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kindergarten shall be determined as follows:

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     (1)  Subject to the rules of the State Board of Education,

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each district shall determine the membership of students who are

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transported:

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

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

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to hazardous walking conditions en route to or from school as

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provided in s. 1006.23. Such rules shall, when appropriate,

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provide for the determination of membership under this paragraph

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for less than 1 year to accommodate the needs of students who

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require transportation only until such hazardous conditions are

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corrected.

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     Section 5.  This act shall take effect July 1, 2008.