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Discussion Regarding Crossing Guards and Speed Cameras Within Hernando County School Zones
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BRIEF OVERVIEW
On July 19, 2023, the County Attorney's Office received a request from the Hernando County Sheriff's Office ("HCSO") to draft an interlocal agreement amongst the HCSO, the County and the Hernando County School Board (the "School Board") to govern the need for, the provision of, and the payment for school crossing guards.
Prior to Fiscal Year 2018, the HCSO provided crossing guards to the School Board, with the costs therefore allocated between them pursuant to a formula set forth in an interlocal agreement.
On July 19, 2018, the School Board provided then-Deputy County Administrator Jeffrey Rogers with a copy of AGO 85-72, in which then-Attorney General Jim Smith opined "that where hazardous walking conditions exist for school children, the district school board and the local governmental entity having jurisdiction over the crossing have a responsibility to work cooperatively to eliminate the hazardous condition and the provision of school crossing guards is one means by which such hazardous conditions can be eliminated. Where the crossing is located within the city boundaries, as in the instant inquiry, I am of the opinion that the municipality is responsible for furnishing such school crossing guards, while the county has such responsibility where the crossing is located in the unincorporated areas of the county." Id. (Please note that the statutes upon which the Attorney General primarily based his opinion, Fla. Stat. ?? 234.021 and 235.19, were subsequently renumbered as Fla. Stat. ?? 1006.23 and 1013.36, respectively.)
On July 24, 2018, the Board of County Commissioners (the "BOCC") agreed entirely fund the HCSO's provision of school crossing guards to the School Board, including those within the City of Brooksville. Staff had recommend that the BOCC fully fund the program, as part of the "Law Enforcement" category of the HCSO's bud...
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