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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1441 Resolution Sponsored by: Mayor Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO REVIEW THE SPECIFICATIONS REQUIRMENTS OF SECTION 1006.25, FLORIDA STATUTES, ENTITLED "SCHOOL BUSES' TO REQUIRE THAT ALL OPERATING SCHOOL BUSES IN THE STATE OF FLORIDA BE EQUIPPED WITH SEAT BELTS OR RESTRAINT SYSTEMS IN ORDER TO PROTECT ALL CHILDREN BEING TRANSPORTED IN SCHOOL BUSES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND TO THE MEMBERS OF THE FLORIDA LEGISLATURE. A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO REVIEW THE SPECIFICATIONS REQUIRMENTS OF SECTION 1006.25, FLORIDA STATUTES, ENTITLED "SCHOOL BUSES" TO REQUIRE THAT ALL OPERATING SCHOOL BUSES IN THE STATE OF FLORIDA BE EQUIPPED WITH SEAT BELTS OR RESTRAINT SYSTEMS IN ORDER TO PROTECT ALL CHILDREN BEING TRANSPORTED IN SCHOOL BUSES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND TO THE MEMBERS OF THE FLORIDA LEGISLATURE. WHEREAS, the safety and protection of children transported in school busses is the paramount objective that must be observed by the State of Florida ("State") in determining the specifications of equipment for operating school buses; and WHEREAS, school buses are motor vehicles regularly used for the transportation of prekindergarten through grade 12 students to and from school or to and from school activities, and are owned, operated, rented, contracted, or leased by any district school board; and WHEREAS, Section 1006.25, Florida Statutes, does not require seat belts or restraint systems in all school buses and owned, operated, rented, contracted, or leased by any district school board for the purpose of transporting children to and from public schools or school related activities; and WHEREAS, Section 1006.25(2), Florida Statutes, merely requires public school bus specifications to meet the applicable federal motor vehicle safety standards and other specifications as prescribed by rules of the State Board of Education; and WHEREAS, the applicable federal requirements are found under 49 C.F.R. Part 571 and states that all school busses manufactured on or after October 21, 2011 must be equipped with a "Type 1" (lap belt for pelvic restraint) or "Type 2" (combination of pelvic and upper torso restraints) seat belt assembly at all seating positions; and WHEREAS, enforcement of seat belts regulations on school buses pursuant to Section 316.6145, Florida Statutes, entitled "School buses; safety belts or other restraint systems required" states that safety belts or other restraint systems are only required for new school buses purchased after December 31, 2000; and WHEREAS, the fleet of public and private school buses in South Florida seems to have been purchased prior to 2000; and WHEREAS, charter schools and private schools also utilize school buses for the purpose of transporting children; and -,IV ov . �y City of Miami City Hall IISl1,I ATt° °"° Legislation 3500 Pan American Drive r Miami, FL 33133 o"`g a _- Resolution www.miamigov.com Enactment Number: R-16-0590 File Number: 1441 Final Action Date:12/8/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO REVIEW THE SPECIFICATIONS REQUIRMENTS OF SECTION 1006.25, FLORIDA STATUTES, ENTITLED "SCHOOL BUSES" TO REQUIRE THAT ALL OPERATING SCHOOL BUSES IN THE STATE OF FLORIDA BE EQUIPPED WITH SEAT BELTS OR RESTRAINT SYSTEMS IN ORDER TO PROTECT ALL CHILDREN BEING TRANSPORTED IN SCHOOL BUSES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND TO THE MEMBERS OF THE FLORIDA LEGISLATURE. WHEREAS, the safety and protection of children transported in school busses is the paramount objective that must be observed by the State of Florida ("State") in determining the specifications of equipment for operating school buses; and WHEREAS, school buses are motor vehicles regularly used for the transportation of prekindergarten through grade 12 students to and from school or to and from school activities, and are owned, operated, rented, contracted, or leased by any district school board; and WHEREAS, Section 1006.25, Florida Statutes, does not require seat belts or restraint systems in all school buses and owned, operated, rented, contracted, or leased by any district school board for the purpose of transporting children to and from public schools or school related activities; and WHEREAS, Section 1006.25(2), Florida Statutes, merely requires public school bus specifications to meet the applicable federal motor vehicle safety standards and other specifications as prescribed by rules of the State Board of Education; and WHEREAS, the applicable federal requirements are found under 49 C.F.R. Part 571 and states that all school busses manufactured on or after October 21, 2011 must be equipped with a "Type 1" (lap belt for pelvic restraint) or "Type 2" (combination of pelvic and upper torso restraints) seat belt assembly at all seating positions; and WHEREAS, enforcement of seat belts regulations on school buses pursuant to Section 316.6145, Florida Statutes, entitled "School buses; safety belts or other restraint systems required" states that safety belts or other restraint systems are only required for new school buses purchased after December 31, 2000; and WHEREAS, the fleet of public and private school buses in South Florida seems to have been purchased prior to 2000; and WHEREAS, charter schools and private schools also utilize school buses for the purpose of transporting children; and WHEREAS, the current law may incentivize public and private school bus companies to maintain an older fleet to avoid the expense of purchasing new school buses with seat belts or restraint systems; and WHEREAS, since the law, as currently written, applies to school buses being used to transport public schools students and only to newly purchased buses, coupled with the number of charter and private school buses not subject to Chapter 1006, Florida Statutes, it seems that a significant number of students transported by school buses within the City of Miami are at -risk of injury every time they board their school bus; and WHEREAS, the City Commission desires that the Governor and the Florida Legislature review legislation related to the regulation of seat belts on school buses and require that older models be replaced on a regular schedule, or require that older models be retrofitted, and extend the regulations to cover all modes that transport minors to and from public and private schools; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission urges Governor Rick Scott and the Members of the Florida Legislature to review the specifications requirements of Section 1006.25, Florida Statutes, entitled "school buses", to require that all operating school buses in the State of Florida be equipped with seat belts or restraint system in order to protect all children being transported in school buses. Section 3. The City Clerk is directed to transmit a copy of this resolution to Governor Rick Scott and to the Members of the Florida Legislature. Section 4. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i 4i�ndE�z, Ciky Httor iey 11!29/2016 Per Directive, City Clerk's Office transmitted on 12/29/2016. If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.