Senate Bill 1882c1

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



    Florida Senate - 1998                           CS for SB 1882

    By the Committee on Transportation and Senators Crist, Grant,
    Horne, Turner, Campbell, Holzendorf, Meadows, Burt, Lee,
    Forman, Myers, Rossin, Silver, Harris, Dyer, McKay,
    Ostalkiewicz, Cowin and Klein


    306-1960-98

  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 that comply with specified

  6         standards; providing an exemption for certain

  7         school buses; requiring passengers to wear

  8         safety belts; providing immunity of a school

  9         district, bus operator, and others for injuries

10         to a passenger caused solely because the

11         passenger was not wearing a safety belt;

12         providing immunity to such persons for injury

13         caused by a passenger's dangerous or unsafe use

14         of a safety belt; providing certain provisions

15         for implementation; providing an effective

16         date.

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

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20         Section 1.  (1)  Each school bus that is purchased

21  after December 31, 1999, and used to transport students in

22  grades pre-K through 12 must be equipped with safety belts in

23  a number sufficient to allow each student who is being

24  transported to use a separate safety belt. These safety belts

25  must meet the standards required under section 316.614,

26  Florida Statutes. A school bus that was purchased prior to

27  December 31, 1999, is not required to be equipped with safety

28  belts, and neither the state nor a school district shall be

29  liable for personal injury to a passenger on such a school bus

30  which is caused by the passenger's failure to wear a safety

31  belt.

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






    Florida Senate - 1998                           CS for SB 1882
    306-1960-98




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

  2  with safety belts shall wear a properly adjusted and fastened

  3  safety belt at all times while the bus is in operation.

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

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

  6  school district or operator, including a teacher or volunteer

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

  8  injury by a school bus passenger solely because the injured

  9  party was not wearing a safety belt.

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

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

12  school district or operator, including a teacher or volunteer

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

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

15  another passenger's use of a safety belt in a dangerous or

16  unsafe manner.

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

18  each school district must prioritize the allocation of buses

19  equipped with safety belts to ensure that elementary schools

20  within the district receive first priority.

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

22  law.

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






    Florida Senate - 1998                           CS for SB 1882
    306-1960-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1882

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  4  The CS provides that a school bus purchased prior to December
    31, 1999, is not required to be equipped with safety belts,
  5  and neither the state nor a school district will be liable for
    an injury to a passenger on such a bus which is caused by a
  6  passenger's failure to wear a safety belt.

  7  The CS states that passengers on school buses equipped with
    safety belts must wear a properly adjusted and fastened belt
  8  at all times the bus is in operation.

  9  The CS provides that a school district, school bus operator
    under contract with the school district, or an agent or
10  employee of a school district or operator is not liable for
    injuries resulting from not wearing a safety belt. Similarly,
11  school districts and bus operators are not liable for injuries
    to a bus passenger caused by another passenger's use of a
12  safety belt in a dangerous or unsafe manner.

13  The CS provides that in implementing this section, school
    districts must prioritize the allocation of buses equipped
14  with safety belts to ensure that elementary schools within the
    district receive first priority.
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