Florida Senate - 2015                CS for CS for CS for SB 154
       
       
        
       By the Committees on Appropriations; Community Affairs; and
       Education Pre-K - 12; and Senator Hays
       
       
       
       
       576-04221-15                                           2015154c3
    1                        A bill to be entitled                      
    2         An act relating to hazardous walking conditions;
    3         providing a short title; amending s. 1006.23, F.S.;
    4         requiring a district school board to correct hazardous
    5         walking conditions and provide transportation to
    6         students who would be subjected to hazardous walking
    7         conditions; requiring state or local governmental
    8         entities with jurisdiction over a road with a
    9         hazardous walking condition to correct the condition
   10         within a reasonable period of time; providing
   11         requirements for a governmental entity relating to its
   12         transportation work program; revising procedures for
   13         inspection and identification of hazardous walking
   14         conditions; requiring a district school superintendent
   15         to initiate a formal request for correction of a
   16         hazardous walking condition under certain
   17         circumstances; authorizing a district school board to
   18         initiate a declaratory judgment proceeding under
   19         certain circumstances and providing requirements
   20         therefor; deleting the requirement that the district
   21         school superintendent and specified governmental
   22         entities make a final determination that is mutually
   23         agreed upon regarding hazardous walking conditions;
   24         revising criteria that determine a hazardous walking
   25         condition for public school students; providing
   26         requirements relating to a civil action for damages;
   27         authorizing a district school board and other
   28         governmental entities to enter into a specified
   29         interlocal agreement; providing criteria for such
   30         agreements; amending s. 1012.45, F.S.; providing that
   31         a district school board may implement a safe driver
   32         toll-free telephone hotline for specified purposes;
   33         providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. This act may be cited as “Gabby’s Law for
   38  Student Safety.”
   39         Section 2. Section 1006.23, Florida Statutes, is reordered
   40  and amended to read:
   41         1006.23 Hazardous walking conditions.—
   42         (1) DEFINITION.—As used in this section, the term “student”
   43  means any public elementary school student whose grade level
   44  does not exceed grade 6.
   45         (4)(2) TRANSPORTATION; CORRECTION OF HAZARDS.—
   46         (a) A district school board It is intended that district
   47  school boards and other governmental entities shall work
   48  cooperatively to identify conditions that are hazardous along
   49  student walking routes to school, and a district school board
   50  shall that district school boards provide transportation to
   51  students who would be subjected to such conditions.
   52  Additionally, It is further intended that state or local
   53  governmental entities with having jurisdiction over a road along
   54  which a hazardous walking condition is determined to exist shall
   55  correct the condition such hazardous conditions within a
   56  reasonable period of time.
   57         (b) Upon a determination pursuant to subsection (3) this
   58  section that a hazardous walking condition exists is hazardous
   59  to students, the district school superintendent board shall
   60  request a position statement with respect to correction of such
   61  condition determination from the state or local governmental
   62  entity with having jurisdiction over the road. Within 90 days
   63  after receiving such request, the state or local governmental
   64  entity shall inform the district school superintendent regarding
   65  whether the entity will include correction of the hazardous
   66  walking condition in its next annual 5-year transportation work
   67  program hazard will be corrected and, if so, when correction of
   68  the condition will be completed. If the hazardous walking
   69  condition will not be included in the state or local
   70  governmental entity’s next annual 5-year transportation work
   71  program, the factors justifying such conclusion must be stated
   72  in writing to the district school superintendent and the
   73  Department of Education regarding a projected completion date.
   74         (c) State funds shall be allocated for the transportation
   75  of students subjected to a hazardous walking condition. However,
   76  such hazards, provided that such funding shall cease upon
   77  correction of the hazardous walking condition hazard or upon the
   78  projected completion date, whichever occurs first.
   79         (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.—
   80         (a) When a request for review is made by to the district
   81  school superintendent with respect to a road over which a state
   82  or local governmental entity has jurisdiction or the district
   83  school superintendent’s designee concerning a condition
   84  perceived to be hazardous to students in that district who live
   85  within the 2-mile limit and who walk to school, such condition
   86  shall be inspected jointly by a representative of the school
   87  district, and a representative of the state or local
   88  governmental entity with that has jurisdiction over the
   89  perceived hazardous location, and a representative of the
   90  municipal police department for a municipal road, a
   91  representative of the sheriff’s office for a county road, or a
   92  representative of the Department of Transportation for a state
   93  road. If the jurisdiction is within an area for which there is a
   94  metropolitan planning organization, a representative of that
   95  organization shall also be included. The governmental
   96  representatives shall determine whether the condition
   97  constitutes a hazardous walking condition as provided in
   98  subsection (2). If the governmental representatives concur that
   99  a condition constitutes a hazardous walking condition as
  100  provided in subsection (2), the governmental entity with
  101  jurisdiction shall report that determination in writing to the
  102  district school superintendent, who shall initiate a formal
  103  request for correction as provided in subsection (4).
  104         (b) If the governmental representatives are unable to reach
  105  a consensus, the reasons for lack of consensus shall be reported
  106  to the district school superintendent, who shall provide a
  107  report and recommendation to the district school board. The
  108  district school board may initiate a proceeding under chapter 86
  109  seeking a determination as to whether the condition constitutes
  110  a hazardous walking condition as provided in subsection (2)
  111  after providing at least 30 days’ notice in writing to the state
  112  or local governmental entity having jurisdiction over the road
  113  of its intent to do so unless, within 30 days after such notice
  114  is provided, the state or local governmental entity concurs in
  115  writing that the condition is a hazardous walking condition as
  116  provided in subsection (2) and provides the position statement
  117  pursuant to subsection (4). If a proceeding is initiated under
  118  this paragraph, the district school board has the burden of
  119  proving such condition by the greater weight of evidence. If the
  120  district school board prevails, the district school
  121  superintendent shall report the outcome to the Department of
  122  Education and initiate a formal request for correction of the
  123  hazardous walking condition as provided in subsection (4) The
  124  district school superintendent or his or her designee and the
  125  state or local governmental entity or its representative shall
  126  then make a final determination that is mutually agreed upon
  127  regarding whether the hazardous condition meets the state
  128  criteria pursuant to this section. The district school
  129  superintendent or his or her designee shall report this final
  130  determination to the Department.
  131         (2)(4)STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING
  132  CONDITIONS.—
  133         (a) Walkways parallel to the road.—
  134         1. It shall be considered a hazardous walking condition
  135  with respect to any road along which students must walk in order
  136  to walk to and from school if there is not an area at least 4
  137  feet wide adjacent to the road, not including drainage ditches,
  138  sluiceways, swales, or channels, having a surface upon which
  139  students may walk without being required to walk on the road
  140  surface. In addition, whenever the road along which students
  141  must walk is uncurbed and has a posted speed limit of 50 55
  142  miles per hour or greater, the area as described above for
  143  students to walk upon shall be set off the road by no less than
  144  3 feet from the edge of the road.
  145         2. The provisions of Subparagraph 1. does do not apply when
  146  the road along which students must walk:
  147         a. Is in a residential area which has little or no
  148  transient traffic;
  149         a.b. Is a road on which the volume of traffic is less than
  150  180 vehicles per hour, per direction, during the time students
  151  walk to and from school; or
  152         b.c. Is located in a residential area and has a posted
  153  speed limit of 30 miles per hour or less.
  154         (b) Walkways perpendicular to the road.—It shall be
  155  considered a hazardous walking condition with respect to any
  156  road across which students must walk in order to walk to and
  157  from school if:
  158         1. If The traffic volume on the road exceeds the rate of
  159  360 vehicles per hour, per direction (including all lanes),
  160  during the time students walk to and from school and if the
  161  crossing site is uncontrolled. For purposes of this subsection,
  162  an “uncontrolled crossing site” is an intersection or other
  163  designated crossing site where no crossing guard, traffic
  164  enforcement officer, or stop sign or other traffic control
  165  signal is present during the times students walk to and from
  166  school.
  167         2. If The total traffic volume on the road exceeds 4,000
  168  vehicles per hour through an intersection or other crossing site
  169  controlled by a stop sign or other traffic control signal,
  170  unless crossing guards or other traffic enforcement officers are
  171  also present during the times students walk to and from school.
  172  
  173  Traffic volume shall be determined by the most current traffic
  174  engineering study conducted by a state or local governmental
  175  agency.
  176         (c) Crossings over the road.—It shall be considered a
  177  hazardous walking condition with respect to any road at any
  178  uncontrolled crossing site which students must walk in order to
  179  walk to and from school if:
  180         1. The road has a posted speed limit of 50 miles per hour
  181  or greater; or
  182         2. The road has six lanes or more, not including turn
  183  lanes, regardless of the speed limit.
  184         (5) CIVIL ACTION.—In a civil action for damages brought
  185  against a governmental entity under s. 768.28, the designation
  186  of a hazardous walking condition under this section is not
  187  admissible in evidence.
  188         (6) INTERLOCAL AGREEMENTS.—This section does not prohibit a
  189  district school board and other governmental entities from
  190  entering into an interlocal agreement pursuant to s. 163.31777
  191  that addresses the identification and correction of hazardous
  192  walking conditions, if such agreement:
  193         (a)Implements the Safe Paths to Schools Program as
  194  provided in s. 335.066; or
  195         (b) Establishes standards for the safety of students
  196  walking to school and procedures for identifying and correcting
  197  hazardous walking conditions that meet or exceed the standards
  198  and procedures provided in subsections (2), (3), and (4).
  199         Section 3. Subsection (5) is added to section 1012.45,
  200  Florida Statutes, to read:
  201         1012.45 School bus drivers; requirements and duties.—
  202         (5) Each district school board may implement a safe driver
  203  toll-free telephone hotline for motorists or others who observe
  204  improper driving or operation by a school bus driver to report
  205  such violations to the district school board for investigation
  206  and corrective or disciplinary action by the school board.
  207         Section 4. This act shall take effect July 1, 2015.