HB 319

1
A bill to be entitled
2An act relating to public school student transportation;
3amending s. 1006.23, F.S.; providing that hazardous
4walking conditions for purpose of transportation to
5schools applies to K-12 students; revising criteria for
6determination of hazardous walking conditions; amending
7ss. 1002.20, 1006.21, and 1011.68, F.S.; conforming
8provisions; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsections (1) and (4) of section 1006.23,
13Florida Statutes, are amended to read:
14     1006.23  Hazardous walking conditions.--
15     (1)  DEFINITION.--As used in this section, "student"
16means any K-12 public elementary school student whose grade
17level does not exceed grade 6.
18     (4)  STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING
19CONDITIONS.--
20     (a)  Walkways parallel to the road.--
21     1.  It shall be considered a hazardous walking condition
22with respect to any road along which students must walk in
23order to walk to and from school if there is not an area at
24least 4 feet wide adjacent to the road, having a surface upon
25which students may walk without being required to walk on the
26road surface. In addition, whenever the road along which
27students must walk is uncurbed and has a posted speed limit of
2835 55 miles per hour, the area as described above for students
29to walk upon shall be set off the road by no less than 3 feet
30from the edge of the road.
31     2.  The provisions of subparagraph 1. do not apply when
32the road along which students must walk:
33     a.  Is in a residential area which has little or no
34transient traffic;
35     b.  Is a road on which the volume of traffic is less than
36180 vehicles per hour, per direction, during the time students
37walk to and from school; or
38     c.  Is located in a residential area and has a posted
39speed limit of 30 miles per hour or less.
40     (b)  Walkways perpendicular to the road.--It shall be
41considered a hazardous walking condition with respect to any
42road across which students must walk in order to walk to and
43from school:
44     1.  If the traffic volume on the road exceeds the rate of
45360 vehicles per hour, per direction (including all lanes),
46during the time students walk to and from school and if the
47crossing site is uncontrolled. For purposes of this
48subsection, an "uncontrolled crossing site" is an intersection
49or other designated crossing site where no crossing guard,
50traffic enforcement officer, or stop sign or other traffic
51control signal is present during the times students walk to
52and from school.
53     2.  If the total traffic volume on the road exceeds 4,000
54vehicles per hour through an intersection or other crossing
55site controlled by a stop sign or other traffic control
56signal, unless crossing guards or other traffic enforcement
57officers are also present during the times students walk to
58and from school.
59     3.  If the road has six or more lanes whether the
60intersection or crossing site is controlled or uncontrolled.
61     (c)  Residents designated as sexual predators or sexual
62offenders.--It shall be considered a hazardous walking
63condition with respect to any section of road along which
64students must walk in order to walk to and from school if a
65resident on the section of road has been designated as a
66sexual predator under s. 775.21 or a sexual offender under s.
67943.0435 whose victims include a minor.
68
69For purposes of this subsection, traffic volume shall be
70determined by the most current traffic engineering study
71conducted by a state or local governmental agency.
72     Section 2.  Paragraph (b) of subsection (22) of section
731002.20, Florida Statutes, is amended to read:
74     1002.20  K-12 student and parent rights.--Parents of
75public school students must receive accurate and timely
76information regarding their child's academic progress and must
77be informed of ways they can help their child to succeed in
78school. K-12 students and their parents are afforded numerous
79statutory rights including, but not limited to, the following:
80     (22)  TRANSPORTATION.--
81     (b)  Hazardous walking conditions.--K-12 K-6 public
82school students shall be provided transportation if they are
83subjected to hazardous walking conditions, in accordance with
84the provisions of ss. 1006.21(3)(b) and 1006.23.
85     Section 3.  Paragraph (b) of subsection (3) of section
861006.21, Florida Statutes, is amended to read:
87     1006.21  Duties of district school superintendent and
88district school board regarding transportation.--
89     (3)  District school boards, after considering
90recommendations of the district school superintendent:
91     (b)  Shall provide transportation for K-12 public
92elementary school students in membership whose grade level
93does not exceed grade 6, and may provide transportation for
94public school students in membership in grades 7 through 12,
95if such students are subjected to hazardous walking conditions
96as provided in s. 1006.23 while en route to or from school.
97     Section 4.  Paragraph (e) of subsection (1) of section
981011.68, Florida Statutes, is amended to read:
99     1011.68  Funds for student transportation.--The annual
100allocation to each district for transportation to public
101school programs, including charter schools as provided in s.
1021002.33(17)(b), of students in membership in kindergarten
103through grade 12 and in migrant and exceptional student
104programs below kindergarten shall be determined as follows:
105     (1)  Subject to the rules of the State Board of
106Education, each district shall determine the membership of
107students who are transported:
108     (e)  With respect to K-12 elementary school students
109whose grade level does not exceed grade 6, by reason of being
110subjected to hazardous walking conditions en route to or from
111school as provided in s. 1006.23. Such rules shall, when
112appropriate, provide for the determination of membership under
113this paragraph for less than 1 year to accommodate the needs
114of students who require transportation only until such
115hazardous conditions are corrected.
116     Section 5.  This act shall take effect July 1, 2008.


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