Tallahassee, FL — Bills Aim to Make Walking to School Less Dangerous for Florida Children

Tallahassee, FL (March 14th, 2025) – Aiming to improve the safety of students walking to and from school, Florida legislators have introduced House Bill 85 (HB 85) and Senate Bill 650 (SB 650) during the 2025 legislative session. 

Particularly if unsupervised, walking and biking to school presents several safety challenges for children. While pedestrian deaths have widely declined, child pedestrian deaths continue to increase. In 2021, there were 45 children killed while walking, ranking Florida third in the nation for number of child pedestrian deaths for that year.

Key Provisions of HB 85 and SB 650

Both HB 85 and HB 650 propose specific changes to existing Florida statutes to better define hazardous walking conditions and ensure safer pathways for students. If passed, the bills would see walkways deemed hazardous if there isn’t an area at least four-feet wide adjacent to the road, where students can walk without stepping onto the road surface. Further, the bills would mandate these walkways be set back at least three-feet from the road’s edge on uncurbed roads with posted speed limits of at least 50 miles per hour. 

By refining the criteria for hazardous walking conditions, the bills seek to ensure students have safer routes to school. Wider walkways and mandated setbacks will reduce the likelihood of pedestrian-vehicle collisions, especially in areas with high traffic speeds. These enhancements provide a buffer zone, protecting children from getting forced into the road by obstacles like overgrown vegetation or parked cars. As such, the measures in the bill are expected to help reduce the risk of accidents, promoting a healthier and more secure environment for Florida’s schoolchildren.

Exceptions to the Proposed Criteria

The bills provide specific exceptions where the criteria would not apply. For example, exceptions would exist for low traffic volume roads, or those with less than 180 vehicles per hour, per direction during the hours when students travel to and from school. The criteria would also be limited on residential area roads with posted speed limits of 30 mph our less.

Common Causes of Accidents Involving Children Walking and Biking to School

While commuting to and from school, children in Florida communities face ranging risks. Some of the most common causes of Florida pedestrian accidents involving school-age children include:

Lack of Sidewalks or Poorly Maintained Walkways

When students are forced to walk on road shoulders or cross uneven surfaces, their risk of tripping or stepping into traffic increases. Cracked pavement, overgrown vegetation, and debris further contribute to dangerous walking conditions.

Speeding Vehicles in School Zones

Despite posted speed limits, some drivers fail to slow down in designated school zones. Traveling at higher rates of speed, drivers may have less time and distance to react to situations involving schoolchildren walking or biking to school, increasing the accident risks. 

Failure to Yield to Pedestrians at Crosswalks

Many accidents occur when drivers ignore crosswalks or fail to stop for students crossing the street. Florida law requires vehicles to yield to pedestrians in marked crosswalks, but enforcement and driver awareness remain challenges.

Distracted Driving

Drivers who are texting, talking on the phone, or otherwise distracted pose a major threat to children walking or biking near the road. Even momentary lapses in attention can have serious or fatal consequences if drivers do not see children step, fall, or dart into traffic. Likewise, they may lose control of their vehicles and vier into areas not designated for vehicles. 

Lack of Proper Lighting and Signage

Poorly lit pathways and insufficient signage make it difficult for drivers to see young pedestrians, particularly in early morning or late afternoon hours. Streetlights, reflective crosswalk markings, and flashing beacons improve visibility and alert drivers to student crossings.

Unsafe Intersections

Intersections without pedestrian signals, crossing guards, or adequate visibility increase the likelihood of accidents. Students may struggle to judge traffic speeds and gaps, leading to unsafe crossings. 

Reckless or Impaired Drivers

Drivers under the influence of alcohol or drugs, or those exhibiting aggressive driving behaviors such as making sudden lane changes or running red lights, may put schoolchildren at risk.

Are Schools Liable When Schoolchildren Are Injured Traveling To or From School?

When children are injured traveling to or from school in Florida, determining liability may come with several challenges. Generally, public schools are not liable for injuries that happen off-campus, such as students getting hit by cars while walking or biking to school. However, liability may arise if the school failed to address known hazards on school property, such as dangerous crosswalks or insufficient supervision at designated school crossings. 

Many parents who support of HB 85 and SB 650 have asked for it to be amended to let parents request the districts evaluate walkways used by students that may be hazardous. One mother, whose 11-year-old daughter was hit by a car while biking to school, testified in support of the bills that she had asked for bussing for her child because of the hazardous conditions. Because the family lives less than two miles from the school, however, she says her request was denied.

Holding the At-Fault Drivers Liable

If children are injured due to the negligence of a motorist while walking or biking to school, the at-fault drivers can be held responsible for damages. With the help of a Clearwater bicycle accident lawyer, families of students injured in such accidents may seek to recover compensation for losses, such as medical expenses and pain and suffering. 

An accident on the way to or from school can cause serious injuries, and have lasting effects, on Florida schoolchildren. Our board-certified personal injury lawyer in Clearwater at Light & Wyatt has more than 30 years of experience advocating on behalf of victims injured due to the negligence of others. To discuss your options, contact our law firm today at 727-499-9900.

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association