| 1 | A bill to be entitled |
| 2 | An act relating to public transit safety; creating s. |
| 3 | 341.0613, F.S.; requiring every public transit provider to |
| 4 | provide to transit system drivers an appropriate rest |
| 5 | period for certain purposes; providing a short title; |
| 6 | providing purpose; defining the term "appropriate rest |
| 7 | period"; prohibiting a deduction from the driver's pay for |
| 8 | taking an appropriate rest period; providing for different |
| 9 | rest periods to be established by collective bargaining; |
| 10 | providing an effective date. |
| 11 |
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| 12 | WHEREAS, in a growing number of areas throughout the state, |
| 13 | tight, computer-generated bus schedules and increased traffic |
| 14 | congestion have virtually eliminated any extra time that bus |
| 15 | operators formerly had to use restroom facilities along their |
| 16 | routes, when necessary, resulting in transit operators delaying |
| 17 | restroom breaks, which can lead to a series of serious health |
| 18 | problems, and |
| 19 | WHEREAS, medical studies indicate that adverse health |
| 20 | effects that may result from voluntary urinary retention include |
| 21 | urinary tract infections, renal damage, kidney infections, |
| 22 | kidney failure, bladder cancer, and prostate problems, and |
| 23 | urinary tract infections can lead to other complications if |
| 24 | experienced during pregnancy, including low birth weight babies |
| 25 | who are at risk for additional health problems compared to |
| 26 | normal weight infants, and |
| 27 | WHEREAS, drivers who refrain from drinking throughout the |
| 28 | day face risk of dehydration which can result in serious, and |
| 29 | even potentially life-threatening, health effects, such as |
| 30 | changes in the body's chemistry, kidney failure, nausea, |
| 31 | headaches, dizziness or light-headedness, weakness, fever, and |
| 32 | heart palpitations, and |
| 33 | WHEREAS, transit vehicle operators who are not able to use |
| 34 | the restroom, like any distressed and distracted driver, are |
| 35 | also a danger to others as they may be forced to ignore speed |
| 36 | limits or drive recklessly, putting transit riders and all |
| 37 | persons outside the vehicle at risk, and |
| 38 | WHEREAS, the Legislature finds that, in order to carry out |
| 39 | the provisions of the Florida Public Transit Act in a manner |
| 40 | that protects the health and safety of our state's residents and |
| 41 | tourists, it is necessary to develop a framework for the |
| 42 | provision of appropriate rest periods for public transit vehicle |
| 43 | operators, NOW, THEREFORE, |
| 44 |
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| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. Section 341.0613, Florida Statutes, is created |
| 48 | to read: |
| 49 | 341.0613 Transit operations safety.-- |
| 50 | (1) This section may be cited as the "Public Transit |
| 51 | Safety Act." |
| 52 | (2) The purpose of this section is to provide for the |
| 53 | health of public transportation employees and the safety of |
| 54 | transit passengers, other vehicle operators, and pedestrians. |
| 55 | (3) As used in this section, the term "appropriate rest |
| 56 | period" means a period of rest not less than 10 minutes during |
| 57 | each segment of 4 hours or major part thereof worked in one work |
| 58 | period. |
| 59 | (4) Every public transit provider must provide to each |
| 60 | employee operating a commercial motor vehicle for the purpose of |
| 61 | providing public transit an appropriate rest period to utilize |
| 62 | the nearest convenient restroom. A public transit provider may |
| 63 | not make any deduction from the employee's pay for taking an |
| 64 | appropriate rest period. |
| 65 | (5) Nothing in this section prohibits employers and |
| 66 | employees from establishing appropriate rest periods different |
| 67 | from those provided in this section pursuant to a collective |
| 68 | bargaining agreement. |
| 69 | Section 2. This act shall take effect July 1, 2008. |