House Bill 0021e1

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                                         CS/HB 21, First Engrossed



  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 restraint system

  6         that comply with specified standards; providing

  7         an exemption for certain school buses;

  8         providing a definition for "school bus" used in

  9         the section; requiring passengers to wear

10         safety belts or restraint system; providing

11         immunity of a school district, bus operator,

12         and others for injuries to a passenger caused

13         solely because the passenger was not wearing a

14         safety belt or restraint system; providing

15         immunity to such persons for injury caused by a

16         passenger's dangerous or unsafe use of a safety

17         belt or restraint system; providing certain

18         provisions for implementation; providing an

19         exception to the operation of the act;

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 safety belts or

27  with any other restraint system approved by the Federal

28  Government in a number sufficient to allow each student who is

29  being transported to use a separate safety belt or restraint

30  system. These safety belts must meet the standards required

31  under s. 316.614, Florida Statutes. A school bus that was


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






                                         CS/HB 21, First Engrossed



  1  purchased prior to December 31, 2000, is not required to be

  2  equipped with safety belts.

  3         (b)  As used in this section, "school bus" means a

  4  school bus that is owned, leased, operated, or contracted by a

  5  school district.

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

  7  with safety belts or restraint system shall wear a properly

  8  adjusted and fastened safety belt at all times while the bus

  9  is in operation. The state, the county, a school district, a

10  school employee, a bus driver, a teacher, or a volunteer is

11  not liable for personal injury to a passenger on such a school

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

13  safety belt.

14         (3)  The state, the county, a school district, school

15  bus operator under contract with a school district, or an

16  agent or employee of a school district or operator, including

17  a teacher or volunteer serving as a chaperone, is not liable

18  in an action for personal injury by a school bus passenger

19  solely because the injured party was not wearing a safety

20  belt.

21         (4)  The state, the county, a school district, school

22  bus operator under contract with a school district, or an

23  agent or employee of a school district or operator, including

24  a teacher or volunteer serving as a chaperone, is not liable

25  in an action for personal injury by a school bus passenger for

26  an injury caused by another passenger's use or non-use of a

27  safety belt or restraint system in a dangerous or unsafe

28  manner.

29         (5)  In implementing the provisions of this section,

30  each school district must prioritize the allocation of buses

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






                                         CS/HB 21, First Engrossed



  1  equipped with safety belts or restraint system to ensure that

  2  elementary schools within the district receive first priority.

  3         (1)(d)  A school district may enter into agreements to

  4  provide transportation pursuant to this section only if the

  5  point of origin or termination of the trip is within the

  6  district's boundries.

  7         (6)  The provisions of this section shall not apply to

  8  vehicles as defined in s. 234.051(1)(b), Florida Statutes.

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

10  law.

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