HB 977

1
A bill to be entitled
2An act relating to public transit safety; creating s.
3341.0613, F.S.; requiring every public transit provider to
4provide to transit system drivers an appropriate rest
5period for certain purposes; providing a short title;
6providing purpose; defining the term "appropriate rest
7period"; prohibiting a deduction from the driver's pay for
8taking an appropriate rest period; providing for different
9rest periods to be established by collective bargaining;
10providing an effective date.
11
12     WHEREAS, in a growing number of areas throughout the state,
13tight, computer-generated bus schedules and increased traffic
14congestion have virtually eliminated any extra time that bus
15operators formerly had to use restroom facilities along their
16routes, when necessary, resulting in transit operators delaying
17restroom breaks, which can lead to a series of serious health
18problems, and
19     WHEREAS, medical studies indicate that adverse health
20effects that may result from voluntary urinary retention include
21urinary tract infections, renal damage, kidney infections,
22kidney failure, bladder cancer, and prostate problems, and
23urinary tract infections can lead to other complications if
24experienced during pregnancy, including low birth weight babies
25who are at risk for additional health problems compared to
26normal weight infants, and
27     WHEREAS, drivers who refrain from drinking throughout the
28day face risk of dehydration which can result in serious, and
29even potentially life-threatening, health effects, such as
30changes in the body's chemistry, kidney failure, nausea,
31headaches, dizziness or light-headedness, weakness, fever, and
32heart palpitations, and
33     WHEREAS, transit vehicle operators who are not able to use
34the restroom, like any distressed and distracted driver, are
35also a danger to others as they may be forced to ignore speed
36limits or drive recklessly, putting transit riders and all
37persons outside the vehicle at risk, and
38     WHEREAS, the Legislature finds that, in order to carry out
39the provisions of the Florida Public Transit Act in a manner
40that protects the health and safety of our state's residents and
41tourists, it is necessary to develop a framework for the
42provision of appropriate rest periods for public transit vehicle
43operators, NOW, THEREFORE,
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 341.0613, Florida Statutes, is created
48to read:
49     341.0613  Transit operations safety.--
50     (1)  This section may be cited as the "Public Transit
51Safety Act."
52     (2)  The purpose of this section is to provide for the
53health of public transportation employees and the safety of
54transit passengers, other vehicle operators, and pedestrians.
55     (3)  As used in this section, the term "appropriate rest
56period" means a period of rest not less than 10 minutes during
57each segment of 4 hours or major part thereof worked in one work
58period.
59     (4)  Every public transit provider must provide to each
60employee operating a commercial motor vehicle for the purpose of
61providing public transit an appropriate rest period to utilize
62the nearest convenient restroom. A public transit provider may
63not make any deduction from the employee's pay for taking an
64appropriate rest period.
65     (5)  Nothing in this section prohibits employers and
66employees from establishing appropriate rest periods different
67from those provided in this section pursuant to a collective
68bargaining agreement.
69     Section 2.  This act shall take effect July 1, 2008.


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