Senate Bill sb0622c1

    Florida Senate - 2006                            CS for SB 622

    By the Committee on Education; and Senator Wise





    581-1780-06

  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 the design and size

12         of the signage by district school boards;

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 the requirement that students use a

18         crash-protection system on a school bus;

19         amending s. 1006.261, F.S.; requiring sponsor

20         signs to be covered when school buses are used

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






    Florida Senate - 2006                            CS for SB 622
    581-1780-06




 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 the district school board. 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 for deposit

13  into the General Revenue Fund to be used for transportation

14  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 the district school board.

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

19  school board shall place signage on the exterior rear,

20  lower-quarter panels of the school bus acknowledging the

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

22  logo of the business entity. However, a sponsor may not be

23  required to have his or her name or the name of the business

24  entity placed 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 the district school board.

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 - 2006                            CS for SB 622
    581-1780-06




 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)  The district school board shall provide for

 7  sponsorship of the seat belt assembly installation on new

 8  purchases of school buses.

 9         (5)  Sponsorship under this section does 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  liability does not accrue to any person or business entity

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

16  assemblies under this section. Such sponsor may not be named

17  on the jury verdict form and may not be deemed or found to be

18  in any way at fault or responsible for the injury, death, or

19  damage that gave rise to the action.

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

21  Florida Statutes, are amended to read:

22         1006.25  School buses.--School buses shall be defined

23  and meet specifications as follows:

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

25  owned and operated by a county or municipal transit authority

26  that is leased by the district school board for transportation

27  of public school students must meet such standards as the

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

29  authorized by a district school board to carry passengers

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

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

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    Florida Senate - 2006                            CS for SB 622
    581-1780-06




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

 2  covered, removed, or otherwise concealed while such passengers

 3  are being transported.

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

 5  transported only in designated seating positions, except as

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

 7  protection system installed in the vehicle provided by the

 8  manufacturer, which system must comply with the requirements

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

10  Board of Education.

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

12  Statutes, is amended to read:

13         1006.261  Use of school buses for public purposes.--

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

15  other than the transportation of the transportation

16  disadvantaged, the flashing red lights and white strobe lights

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

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

19  s. 1006.273 shall be covered or concealed.

20         Section 5.  This act shall take effect July 1, 2006.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 622

24                                 

25  This committee substitute expands sponsor immunity from
    liability to prohibit a sponsor from being named on a jury
26  verdict form, deemed, or found to be at fault or responsible
    in any action relating to seat belt assembly on a school bus.
27  

28  

29  

30  

31  

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