Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 154
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2015           .                                

       The Committee on Education Pre-K - 12 (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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
   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