| 1 | A bill to be entitled |
| 2 | An act relating to school bus safety; creating the Diana |
| 3 | Kautz Student Safety Sponsors Act; creating s. 1006.273, |
| 4 | F.S.; providing for district school boards to adopt |
| 5 | policies for private sponsorship of described seat belt |
| 6 | assemblies on school buses; providing for a sponsorship |
| 7 | fee; providing for use of moneys collected; providing for |
| 8 | signage on the exterior of the school bus acknowledging |
| 9 | sponsorship; providing for design, placement, and size of |
| 10 | the signage by rule of the State Board of Education; |
| 11 | limiting liability of sponsors; amending s. 1006.25, F.S.; |
| 12 | requiring sponsor signs to be covered when school buses |
| 13 | are transporting passengers who are not school students; |
| 14 | revising requirement that students use crash protection |
| 15 | system on school bus; amending s. 1006.261, F.S.; |
| 16 | requiring sponsor signs to be covered when school buses |
| 17 | are used for nonschool purposes; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. This act may be cited as the "Diana Kautz |
| 23 | Student Safety Sponsors Act." |
| 24 | Section 2. Section 1006.273, Florida Statutes, is created |
| 25 | to read: |
| 26 | 1006.273 Crash protection systems; sponsorship.--The |
| 27 | district school board may adopt policies providing for private |
| 28 | sponsorship of the installation of crash protection equipment on |
| 29 | school buses pursuant to the provisions of this section. |
| 30 | (1)(a) Any person or business entity may sponsor the |
| 31 | installation of seat belt assemblies as described in subsection |
| 32 | (3) on a school bus by paying a fee of $10,000 per bus to be |
| 33 | sponsored. Proceeds from the collection of the fee shall be |
| 34 | distributed as follows: |
| 35 | 1. Up to 5 percent may be used to pay the cost of an |
| 36 | advertising agent involved with the transaction. |
| 37 | 2. Up to 45 percent shall be used to pay for the cost of |
| 38 | the seat belt assemblies and the cost of installation. |
| 39 | 3. The remaining funds shall be remitted to the state for |
| 40 | deposit into the General Revenue Fund to be used for |
| 41 | transportation purposes. |
| 42 | (b) There may be only one business entity sponsor per |
| 43 | school bus. Sponsorships or cosponsorships by individuals shall |
| 44 | be as provided by district school board policy. |
| 45 | (2)(a) Upon request by the sponsor, the district school |
| 46 | board shall place signage on the exterior of the school bus |
| 47 | acknowledging the sponsor and, if the sponsor is a business |
| 48 | entity, bearing the logo of the business entity. However, no |
| 49 | sponsor shall be required to have his or her name or the name of |
| 50 | the business entity placed on the school bus. |
| 51 | (b) The acknowledgment shall bear the wording "Safety |
| 52 | belts sponsored by" followed by the name of the sponsor. |
| 53 | (c) The design, placement, and size of the signage shall |
| 54 | be as prescribed by rule of the State Board of Education. |
| 55 | (3) The school bus must be equipped with a seat belt |
| 56 | assembly that meets the requirements for type 2 seat belt |
| 57 | assemblies established under Federal Motor Vehicle Safety |
| 58 | Standard No. 209, 49 C.F.R. s. 571.209, or with any other pelvic |
| 59 | and upper torso restraint system approved by the Federal |
| 60 | Government in a number sufficient to allow each student who is |
| 61 | being transported to use a separate pelvic and upper torso |
| 62 | restraint system. |
| 63 | (4) District school board policy under this section shall |
| 64 | provide for sponsorship of the seat belt assembly installation |
| 65 | on new purchases of school buses or for upgrade of crash |
| 66 | protection systems on existing school buses to meet the seat |
| 67 | belt assembly requirements of subsection (3). |
| 68 | (5) Sponsorship under this section shall not impose or |
| 69 | imply any duty or responsibility on the sponsor for installation |
| 70 | or use of any seat belt assembly on any school bus; and, in any |
| 71 | action relating to the installation, use, disuse, or misuse of |
| 72 | any seat belt assembly on a school bus, no liability shall |
| 73 | accrue to any person or business entity because that person or |
| 74 | entity is a sponsor of seat belt assemblies under this section. |
| 75 | Section 3. Subsections (3) and (4) of section 1006.25, |
| 76 | Florida Statutes, are amended to read: |
| 77 | 1006.25 School buses.--School buses shall be defined and |
| 78 | meet specifications as follows: |
| 79 | (3) STANDARDS FOR LEASED VEHICLES.--A motor vehicle owned |
| 80 | and operated by a county or municipal transit authority that is |
| 81 | leased by the district school board for transportation of public |
| 82 | school students must meet such standards as the State Board of |
| 83 | Education establishes by rule. A school bus authorized by a |
| 84 | district school board to carry passengers other than school |
| 85 | students must have the words "School Bus" and any other signs |
| 86 | and insignia that mark or designate it as a school bus and any |
| 87 | sign of sponsorship under s. 1006.273 covered, removed, or |
| 88 | otherwise concealed while such passengers are being transported. |
| 89 | (4) OCCUPANT PROTECTION SYSTEMS.--Students may be |
| 90 | transported only in designated seating positions, except as |
| 91 | provided in s. 1006.22(12), and must use the occupant crash |
| 92 | protection system installed in the vehicle provided by the |
| 93 | manufacturer, which system must comply with the requirements of |
| 94 | 49 C.F.R. part 571 or with specifications of the State Board of |
| 95 | Education. |
| 96 | Section 4. Subsection (3) of section 1006.261, Florida |
| 97 | Statutes, is amended to read: |
| 98 | 1006.261 Use of school buses for public purposes.-- |
| 99 | (3) When the buses are used for nonschool purposes other |
| 100 | than the transportation of the transportation disadvantaged, the |
| 101 | flashing red lights and white strobe lights shall not be used, |
| 102 | and the "School Bus" inscriptions on the front and rear of the |
| 103 | buses and any sign of sponsorship under s. 1006.273 shall be |
| 104 | covered or concealed. |
| 105 | Section 5. This act shall take effect July 1, 2005. |