| 1 | A bill to be entitled |
| 2 | An act relating to school bus safety equipment; amending |
| 3 | s. 316.6145, F.S.; revising provisions for safety belts or |
| 4 | other restraint system on certain school buses; revising |
| 5 | application of such provisions; removing implementation |
| 6 | and allocation requirements; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 316.6145, Florida Statutes, is amended |
| 11 | to read: |
| 12 | 316.6145 School buses; safety belts or other restraint |
| 13 | systems required.-- |
| 14 | (1)(a) Each school bus that is purchased new after |
| 15 | December 31, 2004 2000, and used to transport students in grades |
| 16 | pre-K through 12 may, at the discretion of the district, must be |
| 17 | equipped with safety belts or with any other restraint system |
| 18 | approved by the Federal Government in a number sufficient to |
| 19 | allow each student who is being transported to use a separate |
| 20 | safety belt or restraint system. If provided, such These safety |
| 21 | belts must meet the standards required under s. 316.614. A |
| 22 | school bus that was purchased prior to December 31, 2000, is not |
| 23 | required to be equipped with safety belts. |
| 24 | (b) As used in this section, "school bus" means a school |
| 25 | bus that is owned, leased, operated, or contracted by a school |
| 26 | district. |
| 27 | (2) Each passenger on a school bus that is equipped with |
| 28 | safety belts or restraint system shall wear a properly adjusted |
| 29 | and fastened safety belt at all times while the bus is in |
| 30 | operation. The state, the county, a school district, school bus |
| 31 | operator under contract with a school district, or an agent or |
| 32 | employee of a school district or operator, including a teacher |
| 33 | or volunteer serving as a chaperone, is not liable in an action |
| 34 | for personal injury by a school bus passenger solely because the |
| 35 | injured party was not wearing a safety belt, if provided. |
| 36 | (3) The state, the county, a school district, school bus |
| 37 | operator under contract with a school district, or an agent or |
| 38 | employee of a school district or operator, including a teacher |
| 39 | or volunteer serving as a chaperone, is not liable in an action |
| 40 | for personal injury by a school bus passenger for an injury |
| 41 | caused solely by another passenger's use or nonuse of a safety |
| 42 | belt or restraint system in a dangerous or unsafe manner, if |
| 43 | provided. |
| 44 | (4) In implementing the provisions of this section, each |
| 45 | school district must prioritize the allocation of buses equipped |
| 46 | with safety belts or restraint system to ensure that elementary |
| 47 | schools within the district receive first priority. A school |
| 48 | district may enter into agreements to provide transportation |
| 49 | pursuant to this section only if the point of origin or |
| 50 | termination of the trip is within the district's boundaries. |
| 51 | (5) The provisions of this section shall not apply to |
| 52 | vehicles as defined in s. 1006.25(1)(b). |
| 53 | Section 2. This act shall take effect upon becoming a law. |