Florida Senate - 2014                                    SB 1382
       By Senator Hays
       11-01095C-14                                          20141382__
    1                        A bill to be entitled                      
    2         An act relating to hazardous walking conditions;
    3         amending s. 1006.23, F.S.; revising criteria that
    4         determine a hazardous walking condition for public
    5         school students; revising procedures for inspection
    6         and identification of hazardous walking conditions;
    7         authorizing an administrative proceeding in certain
    8         instances; authorizing a district school
    9         superintendent to initiate a formal request for
   10         correction of a hazardous walking condition under
   11         certain circumstances; requiring a district school
   12         board to provide transportation to students who would
   13         be subjected to hazardous walking conditions;
   14         requiring state or local governmental entities with
   15         jurisdiction over a road with a hazardous walking
   16         condition to correct the condition within a specified
   17         period of time; providing requirements for a
   18         governmental entity relating to its capital
   19         improvements program; revising provisions relating to
   20         funding for the transportation of students subjected
   21         to a hazardous walking condition; providing
   22         requirements relating to a civil action for damages;
   23         providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 1006.23, Florida Statutes, is reordered
   28  and amended to read:
   29         1006.23 Hazardous walking conditions.—
   30         (1) DEFINITION.—As used in this section, “student” means
   31  any public elementary school student whose grade level does not
   32  exceed grade 6.
   34         (a) A district school board It is intended that district
   35  school boards and other governmental entities shall work
   36  cooperatively to identify and correct conditions that are
   37  hazardous along student walking routes to school, and a district
   38  school board shall that district school boards provide
   39  transportation to students who would be subjected to such
   40  conditions. Additionally, It is further intended that state or
   41  local governmental entities with having jurisdiction over a road
   42  along which a hazardous walking condition is determined to exist
   43  shall correct the condition such hazardous conditions within 3
   44  years after such determination, unless a longer period is
   45  reasonably required to acquire additional right-of-way needed to
   46  correct the condition, but, in any event, the condition shall be
   47  corrected within 5 years after the determination a reasonable
   48  period of time.
   49         (b) Upon a determination pursuant to subsection (3) this
   50  section that a hazardous walking condition exists is hazardous
   51  to students, the district school superintendent board shall
   52  request a position statement with respect to correction of such
   53  condition determination from the state or local governmental
   54  entity with having jurisdiction over the road. Within 90 days
   55  after receiving such request, the state or local governmental
   56  entity shall inform the district school superintendent regarding
   57  whether the entity will include correction of the hazardous
   58  walking condition in its next annual 5-year capital improvements
   59  program hazard will be corrected and, if so, when correction of
   60  the condition will be completed. If the hazardous walking
   61  condition will not be included in the state or local
   62  governmental entity’s next annual 5-year capital improvements
   63  program, the factors justifying such conclusion must be stated
   64  in writing to the district school superintendent and the
   65  Department of Education regarding a projected completion date.
   66         (c) State funds shall be allocated for the transportation
   67  of students subjected to a hazardous walking condition during
   68  the time provided for determination and correction of such
   69  condition pursuant to this section. However, such hazards,
   70  provided that such funding shall cease upon correction of the
   71  hazardous walking condition or, for a road within the
   72  jurisdiction of a local governmental entity, expiration of the
   73  time provided for correction in this section, whichever occurs
   74  first. If a hazardous walking condition is not corrected by a
   75  local governmental entity within the time provided in this
   76  section and state funding is no longer authorized under this
   77  section, funding for the actual operational cost of
   78  transportation of students subjected to the hazardous walking
   79  condition shall be reimbursed by the local governmental entity
   80  to the district school board until the condition is corrected
   81  hazard or upon the projected completion date, whichever occurs
   82  first.
   84         (a) When a request for review is made by to the district
   85  school superintendent with respect to a road over which a state
   86  or local governmental entity has jurisdiction or the district
   87  school superintendent’s designee concerning a condition
   88  perceived to be hazardous to students in that district who live
   89  within the 2-mile limit and who walk to school, such condition
   90  shall be inspected jointly by a representative of the school
   91  district, and a representative of the state or local
   92  governmental entity with that has jurisdiction over the
   93  perceived hazardous location, and a representative of the
   94  municipal police department for a municipal road, a
   95  representative of the sheriff’s office for a county road, or a
   96  representative of the Department of Transportation for a state
   97  road. If the jurisdiction is within an area for which there is a
   98  metropolitan planning organization, a representative of that
   99  organization shall also be included. The governmental
  100  representatives shall determine whether the condition
  101  constitutes a hazardous walking condition as provided in
  102  subsection (2). If the governmental representatives concur that
  103  a condition constitutes a hazardous walking condition as
  104  provided in subsection (2), they shall report that determination
  105  in writing to the district school superintendent who shall
  106  initiate a formal request for correction as provided in
  107  subsection (4). The district school superintendent or his or her
  108  designee and the state or local governmental entity or its
  109  representative shall then make a final determination that is
  110  mutually agreed upon regarding whether the hazardous condition
  111  meets the state criteria pursuant to this section. The district
  112  school superintendent or his or her designee shall report this
  113  final determination to the Department.
  114         (b) If the governmental representatives are unable to reach
  115  a consensus, the reasons for lack of consensus shall be reported
  116  to the district school superintendent who shall provide a report
  117  and recommendation to the district school board. The district
  118  school board may initiate an administrative proceeding under
  119  chapter 120 seeking a determination as to whether the condition
  120  constitutes a hazardous walking condition as provided in
  121  subsection (2) after providing at least 30 days’ notice in
  122  writing to the local governmental entities having jurisdiction
  123  over the road of its intent to do so, unless within 30 days
  124  after such notice is provided, the local governmental entities
  125  concur in writing that the condition is a hazardous walking
  126  condition as provided in subsection (2). If an administrative
  127  proceeding is initiated under this paragraph, the district
  128  school board has the burden of proving such condition by the
  129  greater weight of evidence. If the district school board
  130  prevails, the district school superintendent shall report the
  131  outcome to the Department of Education and initiate a formal
  132  request for correction of the hazardous walking condition as
  133  provided in subsection (4).
  136         (a) Walkways parallel to the road.—
  137         1. It shall be considered a hazardous walking condition
  138  with respect to any road along which students must walk in order
  139  to walk to and from school if there is not an area at least 4
  140  feet wide adjacent to the road, not including drainage ditches,
  141  sluiceways, swales, or channels, having a surface upon which
  142  students may walk without being required to walk on the road
  143  surface. In addition, whenever the road along which students
  144  must walk is uncurbed and has a posted speed limit of 50 55
  145  miles per hour or greater, the area as described above for
  146  students to walk upon shall be set off the road by no less than
  147  3 feet from the edge of the road.
  148         2. The provisions of subparagraph 1. do not apply when the
  149  road along which students must walk:
  150         a. Is in a residential area which has little or no
  151  transient traffic;
  152         a.b. Is a road on which the volume of traffic is less than
  153  180 vehicles per hour, per direction, during the time students
  154  walk to and from school; or
  155         b.c. Is located in a residential area and has a posted
  156  speed limit of 30 miles per hour or less.
  157         (b) Walkways perpendicular to the road.—It shall be
  158  considered a hazardous walking condition with respect to any
  159  road across which students must walk in order to walk to and
  160  from school if:
  161         1. If The traffic volume on the road exceeds the rate of
  162  360 vehicles per hour, per direction (including all lanes),
  163  during the time students walk to and from school and if the
  164  crossing site is uncontrolled. For purposes of this subsection,
  165  an “uncontrolled crossing site” is an intersection or other
  166  designated crossing site where no crossing guard, traffic
  167  enforcement officer, or stop sign or other traffic control
  168  signal is present during the times students walk to and from
  169  school.
  170         2. If The total traffic volume on the road exceeds 4,000
  171  vehicles per hour through an intersection or other crossing site
  172  controlled by a stop sign or other traffic control signal,
  173  unless crossing guards or other traffic enforcement officers are
  174  also present during the times students walk to and from school.
  176  Traffic volume shall be determined by the most current traffic
  177  engineering study conducted by a state or local governmental
  178  agency.
  179         (c) Crossings over the road.—It shall be considered a
  180  hazardous walking condition with respect to any road at any
  181  uncontrolled crossing site if:
  182         1. The road has a posted speed limit of 50 miles per hour
  183  or greater; or
  184         2. The road has six lanes or more, not including turn
  185  lanes, regardless of the speed limit.
  186         (5) CIVIL ACTION.—In a civil action for damages brought
  187  against a governmental entity under s. 768.28, the designation
  188  of a hazardous walking condition under this section is not
  189  admissible in evidence.
  190         Section 2. This act shall take effect July 1, 2014.