Florida Senate - 2014                             CS for SB 1382
       
       
        
       By the Committee on Community Affairs; and Senator Hays
       
       
       
       
       
       578-03588-14                                          20141382c1
    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 reasonable
   17         period of time; providing requirements for a
   18         governmental entity relating to its capital
   19         improvements program; providing requirements relating
   20         to a civil action for damages; providing an effective
   21         date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 1006.23, Florida Statutes, is reordered
   26  and amended to read:
   27         1006.23 Hazardous walking conditions.—
   28         (1) DEFINITION.—As used in this section, “student” means
   29  any public elementary school student whose grade level does not
   30  exceed grade 6.
   31         (4)(2) TRANSPORTATION; CORRECTION OF HAZARDS.—
   32         (a) A district school board It is intended that district
   33  school boards and other governmental entities shall work
   34  cooperatively to identify and correct conditions that are
   35  hazardous along student walking routes to school, and a district
   36  school board shall that district school boards provide
   37  transportation to students who would be subjected to such
   38  conditions. Additionally, It is further intended that state or
   39  local governmental entities with having jurisdiction over a road
   40  along which a hazardous walking condition is determined to exist
   41  shall correct the condition such hazardous conditions within a
   42  reasonable period of time.
   43         (b) Upon a determination pursuant to subsection (3) this
   44  section that a hazardous walking condition exists is hazardous
   45  to students, the district school superintendent board shall
   46  request a position statement with respect to correction of such
   47  condition determination from the state or local governmental
   48  entity with having jurisdiction over the road. Within 90 days
   49  after receiving such request, the state or local governmental
   50  entity shall inform the district school superintendent regarding
   51  whether the entity will include correction of the hazardous
   52  walking condition in its next annual 5-year capital improvements
   53  program hazard will be corrected and, if so, when correction of
   54  the condition will be completed. If the hazardous walking
   55  condition will not be included in the state or local
   56  governmental entity’s next annual 5-year capital improvements
   57  program, the factors justifying such conclusion must be stated
   58  in writing to the district school superintendent and the
   59  Department of Education regarding a projected completion date.
   60         (c) State funds shall be allocated for the transportation
   61  of students subjected to a hazardous walking condition. However,
   62  such hazards, provided that such funding shall cease upon
   63  correction of the hazardous walking condition hazard or upon the
   64  projected completion date, whichever occurs first.
   65         (3) IDENTIFICATION OF HAZARDOUS CONDITIONS.—
   66         (a) When a request for review is made by to the district
   67  school superintendent with respect to a road over which a state
   68  or local governmental entity has jurisdiction or the district
   69  school superintendent’s designee concerning a condition
   70  perceived to be hazardous to students in that district who live
   71  within the 2-mile limit and who walk to school, such condition
   72  shall be inspected jointly by a representative of the school
   73  district, and a representative of the state or local
   74  governmental entity with that has jurisdiction over the
   75  perceived hazardous location, and a representative of the
   76  municipal police department for a municipal road, a
   77  representative of the sheriff’s office for a county road, or a
   78  representative of the Department of Transportation for a state
   79  road. If the jurisdiction is within an area for which there is a
   80  metropolitan planning organization, a representative of that
   81  organization shall also be included. The governmental
   82  representatives shall determine whether the condition
   83  constitutes a hazardous walking condition as provided in
   84  subsection (2). If the governmental representatives concur that
   85  a condition constitutes a hazardous walking condition as
   86  provided in subsection (2), they shall report that determination
   87  in writing to the district school superintendent who shall
   88  initiate a formal request for correction as provided in
   89  subsection (4).
   90         (b) If the governmental representatives are unable to reach
   91  a consensus, the reasons for lack of consensus shall be reported
   92  to the district school superintendent, who shall provide a
   93  report and recommendation to the district school board. The
   94  district school board may initiate an administrative proceeding
   95  under chapter 120 seeking a determination as to whether the
   96  condition constitutes a hazardous walking condition as provided
   97  in subsection (2) after providing at least 30 days’ notice in
   98  writing to the local governmental entities having jurisdiction
   99  over the road of its intent to do so, unless within 30 days
  100  after such notice is provided, the local governmental entities
  101  concur in writing that the condition is a hazardous walking
  102  condition as provided in subsection (2) and provide the position
  103  statement pursuant to subsection (4). If an administrative
  104  proceeding is initiated under this paragraph, the district
  105  school board has the burden of proving such condition by the
  106  greater weight of evidence. If the district school board
  107  prevails, the district school superintendent shall report the
  108  outcome to the Department of Education and initiate a formal
  109  request for correction of the hazardous walking condition as
  110  provided in subsection (4). The district school superintendent
  111  or his or her designee and the state or local governmental
  112  entity or its representative shall then make a final
  113  determination that is mutually agreed upon regarding whether the
  114  hazardous condition meets the state criteria pursuant to this
  115  section. The district school superintendent or his or her
  116  designee shall report this final determination to the
  117  Department.
  118         (2)(4)STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING
  119  CONDITIONS.—
  120         (a) Walkways parallel to the road.—
  121         1. It shall be considered a hazardous walking condition
  122  with respect to any road along which students must walk in order
  123  to walk to and from school if there is not an area at least 4
  124  feet wide adjacent to the road, not including drainage ditches,
  125  sluiceways, swales, or channels, having a surface upon which
  126  students may walk without being required to walk on the road
  127  surface. In addition, whenever the road along which students
  128  must walk is uncurbed and has a posted speed limit of 50 55
  129  miles per hour or greater, the area as described above for
  130  students to walk upon shall be set off the road by no less than
  131  3 feet from the edge of the road.
  132         2. The provisions of subparagraph 1. do not apply when the
  133  road along which students must walk:
  134         a. Is in a residential area which has little or no
  135  transient traffic;
  136         a.b. Is a road on which the volume of traffic is less than
  137  180 vehicles per hour, per direction, during the time students
  138  walk to and from school; or
  139         b.c. Is located in a residential area and has a posted
  140  speed limit of 30 miles per hour or less.
  141         (b) Walkways perpendicular to the road.—It shall be
  142  considered a hazardous walking condition with respect to any
  143  road across which students must walk in order to walk to and
  144  from school if:
  145         1. If The traffic volume on the road exceeds the rate of
  146  360 vehicles per hour, per direction (including all lanes),
  147  during the time students walk to and from school and if the
  148  crossing site is uncontrolled. For purposes of this subsection,
  149  an “uncontrolled crossing site” is an intersection or other
  150  designated crossing site where no crossing guard, traffic
  151  enforcement officer, or stop sign or other traffic control
  152  signal is present during the times students walk to and from
  153  school.
  154         2. If The total traffic volume on the road exceeds 4,000
  155  vehicles per hour through an intersection or other crossing site
  156  controlled by a stop sign or other traffic control signal,
  157  unless crossing guards or other traffic enforcement officers are
  158  also present during the times students walk to and from school.
  159  
  160  Traffic volume shall be determined by the most current traffic
  161  engineering study conducted by a state or local governmental
  162  agency.
  163         (c) Crossings over the road.—It shall be considered a
  164  hazardous walking condition with respect to any road at any
  165  uncontrolled crossing site if:
  166         1. The road has a posted speed limit of 50 miles per hour
  167  or greater; or
  168         2. The road has six lanes or more, not including turn
  169  lanes, regardless of the speed limit.
  170         (5) CIVIL ACTION.—In a civil action for damages brought
  171  against a governmental entity under s. 768.28, the designation
  172  of a hazardous walking condition under this section is not
  173  admissible in evidence.
  174         Section 2. This act shall take effect July 1, 2014.