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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 budget, so the HCSO would not have to recover its costs through billing.
This process apparently worked until 2023. That year, the School Board requested that the HCSO provide it with additional crossing guards, starting with the advent of the new school year. That posed a problem, as the new school year began weeks before the new fiscal year began. The HCSO was concerned that it would have an unfunded mandate to provide the additional crossing guards from when schools opened until the beginning of the fiscal year, October 1, 2023.
The BOCC resolved that situation through the budget amendment process, both the County and the HCSO believe that it is likely the same issue will reoccur in future years.
On December 20, 2023, County Attorney Jon Jouben spoke by telephone with the School Board’s attorney, Ayanna Hypolite, Esq., about the HCSO’s desire for an interlocal agreement. He asked her to ascertain (1) whether the School Board would be interested in entering into such an agreement, and if so, (2) what would be the earliest possible date by which the School Board could inform the HCSO and the BOCC of the number of crossing guards that it would need in the upcoming school year. Attorney Hypolite told Attorney Jouben that she would speak with her clients and then get back to him, but she has not yet done so.
Additionally, the County cannot permanently subsidize the provision of school crossing guards within the City of Brooksville, as doing so does not appear to serve a valid public purpose.
FINANCIAL IMPACT
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LEGAL NOTE
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recommendation
RECOMMENDATION
For discussion purposes only; no action is required.