Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 154
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2015 .
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The Committee on Education Pre-K - 12 (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 39 - 109
4 and insert:
5 cooperatively to identify conditions that are hazardous along
6 student walking routes to school, and a district school board
7 shall that district school boards provide transportation to
8 students who would be subjected to such conditions.
9 Additionally, It is further intended that state or local
10 governmental entities with having jurisdiction over a road along
11 which a hazardous walking condition is determined to exist shall
12 correct the condition such hazardous conditions within a
13 reasonable period of time.
14 (b) Upon a determination pursuant to subsection (3) this
15 section that a hazardous walking condition exists is hazardous
16 to students, the district school superintendent board shall
17 request a position statement with respect to correction of such
18 condition determination from the state or local governmental
19 entity with having jurisdiction over the road. Within 90 days
20 after receiving such request, the state or local governmental
21 entity shall inform the district school superintendent regarding
22 whether the entity will include correction of the hazardous
23 walking condition in its next annual 5-year capital improvements
24 program hazard will be corrected and, if so, when correction of
25 the condition will be completed. If the hazardous walking
26 condition will not be included in the state or local
27 governmental entity’s next annual 5-year capital improvements
28 program, the factors justifying such conclusion must be stated
29 in writing to the district school superintendent and the
30 Department of Education regarding a projected completion date.
31 (c) State funds shall be allocated for the transportation
32 of students subjected to a hazardous walking condition. However,
33 such hazards, provided that such funding shall cease upon
34 correction of the hazardous walking condition hazard or upon the
35 projected completion date, whichever occurs first.
36 (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.—
37 (a) When a request for review is made by to the district
38 school superintendent with respect to a road over which a state
39 or local governmental entity has jurisdiction or the district
40 school superintendent’s designee concerning a condition
41 perceived to be hazardous to students in that district who live
42 within the 2-mile limit and who walk to school, such condition
43 shall be inspected jointly by a representative of the school
44 district, and a representative of the state or local
45 governmental entity with that has jurisdiction over the
46 perceived hazardous location, and a representative of the
47 municipal police department for a municipal road, a
48 representative of the sheriff’s office for a county road, or a
49 representative of the Department of Transportation for a state
50 road. If the jurisdiction is within an area for which there is a
51 metropolitan planning organization, a representative of that
52 organization shall also be included. The governmental
53 representatives shall determine whether the condition
54 constitutes a hazardous walking condition as provided in
55 subsection (2). If the governmental representatives concur that
56 a condition constitutes a hazardous walking condition as
57 provided in subsection (2), they shall report that determination
58 in writing to the district school superintendent, who shall
59 initiate a formal request for correction as provided in
60 subsection (4).
61 (b) If the governmental representatives are unable to reach
62 a consensus, the reasons for lack of consensus shall be reported
63 to the district school superintendent, who shall provide a
64 report and recommendation to the district school board. The
65 district school board may initiate a proceeding under chapter 86
66 seeking a determination as to whether the condition constitutes
67 a hazardous walking condition as provided in subsection (2)
68 after providing at least 30 days’ notice in writing to the local
69 governmental entities having jurisdiction over the road of its
70 intent to do so unless, within 30 days after such notice is
71 provided, the local governmental entities concur in writing that
72 the condition is a hazardous walking condition as provided in
73 subsection (2) and provide the position statement pursuant to
74 subsection (4). If a proceeding is initiated under this
75 paragraph, the district
76
77 ================= T I T L E A M E N D M E N T ================
78 And the title is amended as follows:
79 Delete line 10
80 and insert:
81 district school board to initiate a declaratory
82 judgment