SENATE AMENDMENT

    Bill No. CS for SB 334

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Cowin moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 6, between lines 19 and 20,

15

16  insert:

17         Section 5.  (1)(a)  Each school bus that is purchased

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

19  grades pre-K through 12 must be equipped with safety belts or

20  with any other restraint system approved by the Federal

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

22  being transported to use a separate safety belt or restraint

23  system. These safety belts must meet the standards required

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

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

26  equipped with safety belts.

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

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

29  school district.

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

31  with safety belts or restraint system shall wear a properly

                                  1
    11:49 AM   04/27/99                             s0334c1c-11131




                                                  SENATE AMENDMENT

    Bill No. CS for SB 334

    Amendment No.    





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

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

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

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

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

 6  safety belt.

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

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

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

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

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

12  solely because the injured party was not wearing a safety

13  belt.

14         (4)  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 for

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

20  safety belt or restraint system in a dangerous or unsafe

21  manner.

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

23  each school district must prioritize the allocation of buses

24  equipped with safety belts or restraint system to ensure that

25  elementary schools within the district receive first priority.

26  A school district may enter into agreements to provide

27  transportation pursuant to this section only if the point of

28  origin or termination of the trip is within the district's

29  boundries.

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

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

                                  2
    11:49 AM   04/27/99                             s0334c1c-11131




                                                  SENATE AMENDMENT

    Bill No. CS for SB 334

    Amendment No.    





 1

 2  (Redesignate subsequent sections.)

 3

 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, line 13, after the semicolon,

 8

 9  insert:

10         requiring that buses purchased after a

11         specified date and used in transporting certain

12         students be equipped with safety belts or other

13         restraint system that comply with specified

14         standards; providing an exemption for certain

15         school buses; providing a definition for

16         "school bus" used in the section; requiring

17         passengers to wear safety belts or restraint

18         system; providing immunity of a school

19         district, bus operator, and others for injuries

20         to a passenger caused solely because the

21         passenger was not wearing a safety belt or

22         restraint system; providing immunity to such

23         persons for injury caused by a passenger's

24         dangerous or unsafe use of a safety belt or

25         restraint system; providing certain provisions

26         for implementation; providing an exception to

27         the operation of the act;

28

29

30

31

                                  3
    11:49 AM   04/27/99                             s0334c1c-11131