HB 0421 2004
1	A bill to be entitled
2	An act relating to school buses; amending s. 316.6145,
3	F.S.; requiring pelvic and upper torso restraints on
4	school buses; requiring use of the restraints; limiting
5	liability; providing priority for allocation; providing
6	exceptions; amending s. 1006.25, F.S.; requiring occupant
7	crash protection system compliance; reenacting s.
8	316.6146, F.S., relating to transportation of private
9	school students on public school buses and public school
10	students on private school buses, to incorporate the
11	amendment to s. 316.6145, F.S., in a reference thereto;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 316.6145, Florida Statutes, is amended
17	to read:
18	316.6145 School buses; safety belts or other restraint
19	systems required.--
20	(1)(a)(b)As used in this section, "school bus" means a
21	school bus that is owned, leased, operated, or contracted by a
22	school district.
23	(b)1.(a)Each school bus that is purchased new after
24	December 31, 2000, and used to transport students in grades pre-
25	K through 12 must be equipped with safety belts or with any
26	other restraint system approved by the Federal Government in a
27	number sufficient to allow each student who is being transported
28	to use a separate safety belt or restraint system. These safety
29	belts must meet the standards required under s. 316.614. A
30	school bus that was purchased prior to December 31, 2000, is not
31	required to be equipped with safety belts.
32	2. Each school bus that is purchased new after December
33	31, 2004, and used to transport students in grades pre-K through
34	12 must be equipped with a seat belt assembly that meets the
35	requirements for type 2 seat belt assemblies established under
36	Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. s.
37	571.209, or with any other pelvic and upper torso restraint
38	system approved by the Federal Government in a number sufficient
39	to allow each student who is being transported to use a separate
40	pelvic and upper torso restraint system. These safety belts must
41	meet the standards required under s. 316.614. A school bus that
42	was purchased prior to December 31, 2004, is not required to be
43	equipped with type 2 seat belt assemblies.
44	(2) Each passenger on a school bus that is equipped with
45	safety belts or restraint system shall wear a properly adjusted
46	and fastened safety belt at all times while the bus is in
47	operation. The state, the county, a school district, school bus
48	operator under contract with a school district, or an agent or
49	employee of a school district or operator, including a teacher
50	or volunteer serving as a chaperone, is not liable in an action
51	for personal injury by a school bus passenger solely because the
52	injured party was not wearing a safety belt.
53	(3) The state, the county, a school district, school bus
54	operator under contract with a school district, or an agent or
55	employee of a school district or operator, including a teacher
56	or volunteer serving as a chaperone, is not liable in an action
57	for personal injury by a school bus passenger for an injury
58	caused solely by another passenger's use or nonuse of a safety
59	belt or restraint system in a dangerous or unsafe manner.
60	(4) In implementing the provisions of this section, each
61	school district must prioritize the allocation of buses equipped
62	with safety belts or restraint system to ensure that elementary
63	schools within the district receive first priority. A school
64	district may enter into agreements to provide transportation
65	pursuant to this section only if the point of origin or
66	termination of the trip is within the district's boundaries.
67	(5) The provisions of this section shall not apply to
68	vehicles as defined in s. 1006.25(1)(b).
69	Section 2. Subsection (4) of section 1006.25, Florida
70	Statutes, is amended to read:
71	1006.25 School buses.--School buses shall be defined and
72	meet specifications as follows:
73	(4) OCCUPANT PROTECTION SYSTEMS.--Students may be
74	transported only in designated seating positions, except as
75	provided in s. 1006.22(12), and must use the occupant crash
76	protection system provided by the manufacturer, which system
77	must comply with the requirements of 49 C.F.R. part 571 and s.
78	316.6145or with specifications of the State Board of Education.
79	Section 3. In order to incorporate the amendment to
80	section 316.6145, Florida Statutes, in a reference thereto,
81	section 316.6146, Florida Statutes, is reenacted to read:
82	316.6146 Transportation of private school students on
83	public school buses and public school students on private school
84	buses; agreement.--Private school students may be transported on
85	public school buses and public school students may be
86	transported on private school buses when there is mutual
87	agreement between the local school board and the applicable
88	private school. Any agreement for private school students to be
89	transported on public school buses must be in accordance with
90	ss. 768.28(9)(a) and 316.6145. Any agreement for public school
91	students to be transported on private school buses must be
92	contingent on the private school bus driver's having adequate
93	liability insurance through his or her employer.
94	Section 4. This act shall take effect upon becoming a law.