Senate Bill 1038c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                           CS for SB 1038

    By the Committee on Transportation and Senators Cowin, Grant,
    Lee, Myers, Holzendorf, Dawson-White, Horne, Forman, Silver,
    Mitchell, Jones, Klein, Meek and Campbell



    306-2211A-99

  1                      A bill to be entitled

  2         An act relating to school buses; requiring that

  3         buses purchased after a specified date and used

  4         in transporting certain students be equipped

  5         with safety belts or other restraints that

  6         comply with specified standards and with seats

  7         having a specified height; defining the term

  8         "school bus"; providing an exemption for

  9         certain school buses; requiring passengers to

10         wear safety belts or other restraints;

11         providing immunity of a school district, bus

12         operator, and others for injuries to a

13         passenger caused solely because the passenger

14         was not wearing a safety belt or other

15         restraint; providing immunity to such persons

16         for injury caused by a passenger's dangerous or

17         unsafe use of a safety belt or other restraint;

18         providing certain provisions for

19         implementation; providing an exemption;

20         providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  (1)(a)  Each school bus that is purchased

25  after December 31, 2000, and used to transport students in

26  grades pre-K through 12 must be equipped with:

27         1.  Safety belts, or with any other restraint system

28  approved by the Federal Government, in a number sufficient to

29  allow each student who is being transported to use a separate

30  safety belt or restraint system. If safety belts are used,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 1038
    306-2211A-99




  1  they must meet the standards required under section 316.614,

  2  Florida Statutes.

  3         2.  Seats having backs that measure at least 28 inches

  4  from the plane on which the passenger sits to the top of the

  5  seat.

  6         3.  As used in this section, the term "school bus"

  7  means a school bus that is owned, leased, operated, or

  8  contracted by a school district.

  9         (b)  A school bus that was purchased before December

10  31, 2000, is not required to be equipped with safety belts or

11  a federally approved restraint system or with 28-inch-high

12  seat backs, and neither the state nor a school district shall

13  be liable for personal injury to a passenger on such a school

14  bus which is caused by the passenger's failure to wear a

15  safety belt or restraint system.

16         (2)  Each passenger on a school bus that is equipped

17  with safety belts or a federally approved restraint system

18  shall wear a properly adjusted and fastened safety belt or

19  restraint system at all times while the bus is in operation.

20         (3)  A school district, school bus operator under

21  contract with a school district, or an agent or employee of a

22  school district or operator, including a teacher or volunteer

23  serving as a chaperone is not liable in an action for personal

24  injury by a school bus passenger solely because the injured

25  party was not wearing a safety belt or restraint system.

26         (4)  A school district, school bus operator under

27  contract with a school district, or an agent or employee of a

28  school district or operator, including a teacher or volunteer

29  serving as a chaperone is not liable in an action for personal

30  injury by a school bus passenger for an injury caused by

31  another passenger's use or nonuse of a safety belt or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 1038
    306-2211A-99




  1  federally approved restraint system in a dangerous or unsafe

  2  manner.

  3         (5)  In implementing this section, each school district

  4  must prioritize the allocation of buses equipped with safety

  5  belts or other federally approved restraint systems and with

  6  28-inch-high seats, to ensure that elementary schools within

  7  the district receive first priority.

  8         (6)  The provisions of this section do not apply to

  9  private charter buses employed by school districts for field

10  trips or other school events which are not used on a daily

11  basis for the transportation of students in grades pre-K

12  through 12.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                             SB 1038

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19  1.  The CS defines a "school bus" as a school bus owned,
    leased, operated, or contracted by a school district.
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    2.  The CS further exempts private charter buses employed by
21  school districts for field trips or other events which are not
    used on a daily basis for the transportation of students from
22  the safety belt requirements of this CS.

23  3.  The CS provides certain parties are not liable in an
    action for personal injury caused by another passenger's use
24  or non-use of a safety belt or federally approved restrain
    system in a dangerous or unsafe manner.
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