Senate Bill sb2134c1

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    Florida Senate - 2005                           CS for SB 2134

    By the Committee on Education; and Senator Wise





    581-2287-05

  1                      A bill to be entitled

  2         An act relating to school bus safety; creating

  3         the Diana Kautz Student Safety Sponsors Act;

  4         creating s. 1006.273, F.S.; providing for

  5         district school boards to adopt policies for

  6         private sponsorship of described seat belt

  7         assemblies on school buses; providing for a

  8         sponsorship fee; providing for use of moneys

  9         collected; providing for signage on the

10         exterior of the school bus acknowledging

11         sponsorship; providing for design and size of

12         the signage by local school board policy;

13         limiting liability of sponsors; amending s.

14         1006.25, F.S.; requiring sponsor signs to be

15         covered when school buses are transporting

16         passengers who are not school students;

17         revising requirement that students use crash

18         protection system on school bus; amending s.

19         1006.261, F.S.; requiring sponsor signs to be

20         covered when school buses are used for

21         nonschool purposes; providing an effective

22         date.

23  

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

25  

26         Section 1.  This act may be cited as the "Diana Kautz

27  Student Safety Sponsors Act."

28         Section 2.  Section 1006.273, Florida Statutes, is

29  created to read:

30         1006.273  Crash protection systems; sponsorship.--The

31  district school board may adopt policies providing for private

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    Florida Senate - 2005                           CS for SB 2134
    581-2287-05




 1  sponsorship of the installation of crash protection equipment

 2  on school buses pursuant to the provisions of this section.

 3         (1)(a)  Any person or business entity may sponsor the

 4  installation of seat belt assemblies as described in

 5  subsection (3) on a school bus by paying a sponsorship fee as

 6  prescribed by local school board policy. Proceeds from the

 7  collection of the fee shall be distributed as follows:

 8         1.  Up to 5 percent may be used to pay the cost of an

 9  advertising agent involved with the transaction.

10         2.  Up to 45 percent shall be used to pay for the cost

11  of the seat belt assemblies and the cost of installation.

12         3.  The remaining funds shall be remitted to the state

13  for deposit into the General Revenue Fund to be used for

14  transportation purposes.

15         (b)  There may be up to four business entity sponsors

16  per school bus. Sponsorships or cosponsorships by individuals

17  shall be as provided by district school board policy.

18         (2)(a)  Upon request by the sponsor, the district

19  school board shall place signage on the exterior rear, lower

20  quarter panels of the school bus acknowledging the sponsor

21  and, if the sponsor is a business entity, bearing the logo of

22  the business entity. However, no sponsor shall be required to

23  have his or her name or the name of the business entity placed

24  on the school bus.

25         (b)  The acknowledgment shall bear the wording "Safety

26  belts sponsored by" followed by the name of the sponsor.

27         (c)  The design and size of the signage shall be as

28  prescribed by local school board policy.

29         (3)  The school bus must be equipped with a seat belt

30  assembly that meets the requirements for type 2 seat belt

31  assemblies established under Federal Motor Vehicle Safety

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    Florida Senate - 2005                           CS for SB 2134
    581-2287-05




 1  Standard No. 209, 49 C.F.R. s. 571.209, or with any other

 2  pelvic and upper torso restraint system approved by the

 3  Federal Government in a number sufficient to allow each

 4  student who is being transported to use a separate pelvic and

 5  upper torso restraint system.

 6         (4)  District school board policy under this section

 7  shall provide for sponsorship of the seat belt assembly

 8  installation on new purchases of school buses.

 9         (5)  Sponsorship under this section shall not impose or

10  imply any duty or responsibility on the sponsor for

11  installation or use of any seat belt assembly on any school

12  bus; and, in any action relating to the installation, use,

13  disuse, or misuse of any seat belt assembly on a school bus,

14  no liability shall accrue to any person or business entity

15  because that person or entity is a sponsor of seat belt

16  assemblies under this section.

17         Section 3.  Subsections (3) and (4) of section 1006.25,

18  Florida Statutes, are amended to read:

19         1006.25  School buses.--School buses shall be defined

20  and meet specifications as follows:

21         (3)  STANDARDS FOR LEASED VEHICLES.--A motor vehicle

22  owned and operated by a county or municipal transit authority

23  that is leased by the district school board for transportation

24  of public school students must meet such standards as the

25  State Board of Education establishes by rule. A school bus

26  authorized by a district school board to carry passengers

27  other than school students must have the words "School Bus"

28  and any other signs and insignia that mark or designate it as

29  a school bus and any sign of sponsorship under s. 1006.273

30  covered, removed, or otherwise concealed while such passengers

31  are being transported.

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    Florida Senate - 2005                           CS for SB 2134
    581-2287-05




 1         (4)  OCCUPANT PROTECTION SYSTEMS.--Students may be

 2  transported only in designated seating positions, except as

 3  provided in s. 1006.22(12), and must use the occupant crash

 4  protection system installed in the vehicle provided by the

 5  manufacturer, which system must comply with the requirements

 6  of 49 C.F.R. part 571 or with specifications of the State

 7  Board of Education.

 8         Section 4.  Subsection (3) of section 1006.261, Florida

 9  Statutes, is amended to read:

10         1006.261  Use of school buses for public purposes.--

11         (3)  When the buses are used for nonschool purposes

12  other than the transportation of the transportation

13  disadvantaged, the flashing red lights and white strobe lights

14  shall not be used, and the "School Bus" inscriptions on the

15  front and rear of the buses and any sign of sponsorship under

16  s. 1006.273 shall be covered or concealed.

17         Section 5.  This act shall take effect July 1, 2005.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2134

21                                 

22  The committee substitute makes the following changes:

23       -Eliminates the $10,000 sponsor fee per bus for the
         installation of seat belt assemblies and instead allows
24       the sponsorship fee to be prescribed by local school
         board policy.
25  
         -Authorizes up to four business entity sponsors per
26       school bus.

27       -Specifies the placement of signage is to be on the
         exterior, rear, lower quarter panels of the school bus.
28       The design and size of the signage must be prescribed by
         local school board policy.
29  
         -Deletes the provision allowing sponsorship of the seat
30       belt assembly installation for upgrade to a Type 2 seat
         belt on existing school buses.
31  

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