Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 154
       
       
       
       
       
       
                                Ì895826LÎ895826                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2015           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 91 - 178
    4  and insert:
    5  provided in subsection (2), the governmental entity with
    6  jurisdiction shall report that determination in writing to the
    7  district school superintendent, who shall initiate a formal
    8  request for correction as provided in subsection (4).
    9         (b) If the governmental representatives are unable to reach
   10  a consensus, the reasons for lack of consensus shall be reported
   11  to the district school superintendent, who shall provide a
   12  report and recommendation to the district school board. The
   13  district school board may initiate a proceeding under chapter 86
   14  seeking a determination as to whether the condition constitutes
   15  a hazardous walking condition as provided in subsection (2)
   16  after providing at least 30 days’ notice in writing to the state
   17  or local governmental entity having jurisdiction over the road
   18  of its intent to do so unless, within 30 days after such notice
   19  is provided, the state or local governmental entity concurs in
   20  writing that the condition is a hazardous walking condition as
   21  provided in subsection (2) and provides the position statement
   22  pursuant to subsection (4). If a proceeding is initiated under
   23  this paragraph, the district school board has the burden of
   24  proving such condition by the greater weight of evidence. If the
   25  district school board prevails, the district school
   26  superintendent shall report the outcome to the Department of
   27  Education and initiate a formal request for correction of the
   28  hazardous walking condition as provided in subsection (4) The
   29  district school superintendent or his or her designee and the
   30  state or local governmental entity or its representative shall
   31  then make a final determination that is mutually agreed upon
   32  regarding whether the hazardous condition meets the state
   33  criteria pursuant to this section. The district school
   34  superintendent or his or her designee shall report this final
   35  determination to the Department.
   36         (2)(4)STATE CRITERIA FOR DETERMINING HAZARDOUS WALKING
   37  CONDITIONS.—
   38         (a) Walkways parallel to the road.—
   39         1. It shall be considered a hazardous walking condition
   40  with respect to any road along which students must walk in order
   41  to walk to and from school if there is not an area at least 4
   42  feet wide adjacent to the road, not including drainage ditches,
   43  sluiceways, swales, or channels, having a surface upon which
   44  students may walk without being required to walk on the road
   45  surface. In addition, whenever the road along which students
   46  must walk is uncurbed and has a posted speed limit of 50 55
   47  miles per hour or greater, the area as described above for
   48  students to walk upon shall be set off the road by no less than
   49  3 feet from the edge of the road.
   50         2. The provisions of Subparagraph 1. does do not apply when
   51  the road along which students must walk:
   52         a. Is in a residential area which has little or no
   53  transient traffic;
   54         a.b. Is a road on which the volume of traffic is less than
   55  180 vehicles per hour, per direction, during the time students
   56  walk to and from school; or
   57         b.c. Is located in a residential area and has a posted
   58  speed limit of 30 miles per hour or less.
   59         (b) Walkways perpendicular to the road.—It shall be
   60  considered a hazardous walking condition with respect to any
   61  road across which students must walk in order to walk to and
   62  from school if:
   63         1. If The traffic volume on the road exceeds the rate of
   64  360 vehicles per hour, per direction (including all lanes),
   65  during the time students walk to and from school and if the
   66  crossing site is uncontrolled. For purposes of this subsection,
   67  an “uncontrolled crossing site” is an intersection or other
   68  designated crossing site where no crossing guard, traffic
   69  enforcement officer, or stop sign or other traffic control
   70  signal is present during the times students walk to and from
   71  school.
   72         2. If The total traffic volume on the road exceeds 4,000
   73  vehicles per hour through an intersection or other crossing site
   74  controlled by a stop sign or other traffic control signal,
   75  unless crossing guards or other traffic enforcement officers are
   76  also present during the times students walk to and from school.
   77  
   78  Traffic volume shall be determined by the most current traffic
   79  engineering study conducted by a state or local governmental
   80  agency.
   81         (c) Crossings over the road.—It shall be considered a
   82  hazardous walking condition with respect to any road at any
   83  uncontrolled crossing site which students must walk in order to
   84  walk to and from school if:
   85         1. The road has a posted speed limit of 50 miles per hour
   86  or greater; or
   87         2. The road has six lanes or more, not including turn
   88  lanes, regardless of the speed limit.
   89         (5) CIVIL ACTION.—In a civil action for damages brought
   90  against a governmental entity under s. 768.28, the designation
   91  of a hazardous walking condition under this section is not
   92  admissible in evidence.
   93         (6) INTERLOCAL AGREEMENTS.—This section does not prohibit a
   94  district school board and other governmental entities from
   95  entering into an interlocal agreement pursuant to s. 163.31777
   96  that addresses the identification and correction of hazardous
   97  walking conditions, if such agreement:
   98         (a)Implements the Safe Paths to Schools Program as
   99  provided in s. 335.066; or
  100         (b) Establishes standards for the safety of students
  101  walking to school and procedures for identifying and correcting
  102  hazardous walking conditions that meet or exceed the standards
  103  and procedures provided in subsections (2), (3), and (4).
  104  
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Between lines 25 and 26
  108  insert:
  109         authorizing a district school board and other
  110         governmental entities to enter into a specified
  111         interlocal agreement; providing criteria for such
  112         agreements;