Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1382
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete lines 43 - 133
    4  and insert:
    5  shall correct the condition such hazardous conditions within a
    6  reasonable period of time.
    7         (b) Upon a determination pursuant to subsection (3) this
    8  section that a hazardous walking condition exists is hazardous
    9  to students, the district school superintendent board shall
   10  request a position statement with respect to correction of such
   11  condition determination from the state or local governmental
   12  entity with having jurisdiction over the road. Within 90 days
   13  after receiving such request, the state or local governmental
   14  entity shall inform the district school superintendent regarding
   15  whether the entity will include correction of the hazardous
   16  walking condition in its next annual 5-year capital improvements
   17  program hazard will be corrected and, if so, when correction of
   18  the condition will be completed. If the hazardous walking
   19  condition will not be included in the state or local
   20  governmental entity’s next annual 5-year capital improvements
   21  program, the factors justifying such conclusion must be stated
   22  in writing to the district school superintendent and the
   23  Department of Education regarding a projected completion date.
   24         (c) State funds shall be allocated for the transportation
   25  of students subjected to a hazardous walking condition. However,
   26  such hazards, provided that such funding shall cease upon
   27  correction of the hazardous walking condition hazard or upon the
   28  projected completion date, whichever occurs first.
   30         (a) When a request for review is made by to the district
   31  school superintendent with respect to a road over which a state
   32  or local governmental entity has jurisdiction or the district
   33  school superintendent’s designee concerning a condition
   34  perceived to be hazardous to students in that district who live
   35  within the 2-mile limit and who walk to school, such condition
   36  shall be inspected jointly by a representative of the school
   37  district, and a representative of the state or local
   38  governmental entity with that has jurisdiction over the
   39  perceived hazardous location, and a representative of the
   40  municipal police department for a municipal road, a
   41  representative of the sheriff’s office for a county road, or a
   42  representative of the Department of Transportation for a state
   43  road. If the jurisdiction is within an area for which there is a
   44  metropolitan planning organization, a representative of that
   45  organization shall also be included. The governmental
   46  representatives shall determine whether the condition
   47  constitutes a hazardous walking condition as provided in
   48  subsection (2). If the governmental representatives concur that
   49  a condition constitutes a hazardous walking condition as
   50  provided in subsection (2), they shall report that determination
   51  in writing to the district school superintendent who shall
   52  initiate a formal request for correction as provided in
   53  subsection (4).
   54         (b) If the governmental representatives are unable to reach
   55  a consensus, the reasons for lack of consensus shall be reported
   56  to the district school superintendent, who shall provide a
   57  report and recommendation to the district school board. The
   58  district school board may initiate an administrative proceeding
   59  under chapter 120 seeking a determination as to whether the
   60  condition constitutes a hazardous walking condition as provided
   61  in subsection (2) after providing at least 30 days’ notice in
   62  writing to the local governmental entities having jurisdiction
   63  over the road of its intent to do so, unless within 30 days
   64  after such notice is provided, the local governmental entities
   65  concur in writing that the condition is a hazardous walking
   66  condition as provided in subsection (2) and provide the position
   67  statement pursuant to subsection (4). If an administrative
   68  proceeding is initiated under this paragraph, the district
   69  school board has the burden of proving such condition by the
   70  greater weight of evidence. If the district school board
   71  prevails, the district school superintendent shall report the
   72  outcome to the Department of Education and initiate a formal
   73  request for correction of the hazardous walking condition as
   74  provided in subsection (4). The district school superintendent
   75  or his or her designee and the state or local governmental
   76  entity or its representative shall then make a final
   77  determination that is mutually agreed upon regarding whether the
   78  hazardous condition meets the state criteria pursuant to this
   79  section. The district school superintendent or his or her
   80  designee shall report this final determination to the
   81  Department.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete lines 16 - 21
   86  and insert:
   87         condition to correct the condition within a reasonable
   88         period of time; providing requirements for a
   89         governmental entity relating to its capital
   90         improvements program; providing