Senate Bill sb0734

    Florida Senate - 2005                                   SB 734

    By Senator Dockery





    15-674-05

  1                      A bill to be entitled

  2         An act relating to safety belts on school

  3         buses; amending s. 316.6145, F.S.; providing

  4         that it is optional rather than mandatory for

  5         school districts to purchase and use school

  6         buses that are equipped with safety belts or

  7         other federally approved restraint systems;

  8         deleting a provision relating to elementary

  9         schools' receiving first priority in the

10         allocation of school buses equipped with

11         restraint systems; providing for retroactivity;

12         providing an effective date.

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

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16         Section 1.  Section 316.6145, Florida Statutes, is

17  amended to read:

18         316.6145  School buses; safety belts or other restraint

19  systems required.--

20         (1)(a)  Each school bus that is purchased new after

21  December 31, 2004 2000, and used to transport students in

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

23  or with any other restraint system approved by the Federal

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

25  being transported to use a separate safety belt or restraint

26  system, at the discretion of the school district. These safety

27  belts must meet the standards required under s. 316.614. A

28  school bus that was purchased prior to December 31, 2000, is

29  not required to be equipped with safety belts.

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






    Florida Senate - 2005                                   SB 734
    15-674-05




 1         (b)  As used in this section, the term "school bus"

 2  means a school bus that is owned, leased, operated, or

 3  contracted by a school district.

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

 5  with safety belts or restraint system shall wear a properly

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

 7  is in operation, if such a safety belt or restraint system is

 8  provided. The state, the county, a school district, school bus

 9  operator under contract with a school district, or an agent or

10  employee of a school district or operator, including a teacher

11  or volunteer serving as a chaperone, is not liable in an

12  action for personal injury by a school bus passenger solely

13  because the injured party was not wearing a safety belt, if a

14  safety belt is provided.

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

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

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

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

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

20  an injury caused solely by another passenger's use or nonuse

21  of a safety belt or restraint system in a dangerous or unsafe

22  manner, if such a safety belt or restraint system is provided.

23         (4)  In implementing the provisions of this section,

24  each school district must prioritize the allocation of buses

25  equipped with safety belts or restraint system to ensure that

26  elementary schools within the district receive first priority.

27  A school district may enter into agreements to provide

28  transportation pursuant to this section only if the point of

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

30  boundaries.

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






    Florida Senate - 2005                                   SB 734
    15-674-05




 1         (5)  The provisions of This section does shall not

 2  apply to vehicles as defined in s. 1006.25(1)(b).

 3         Section 2.  This act shall take effect July 1, 2005,

 4  and applies retroactively to school buses purchased after

 5  December 31, 2004.

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 7            *****************************************

 8                          SENATE SUMMARY

 9    Provides that it is optional rather than mandatory for
      school districts to purchase, after December 31, 2004,
10    and use school buses that are equipped with safety belts
      or other federally approved restraint systems. Deletes a
11    provision relating to elementary schools' receiving first
      priority in the allocation of school buses equipped with
12    restraint systems.

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