HomeMy WebLinkAboutR-16-0590City of Miami
Legislation
Resolution: R-16-0590
File Number: 1441
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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.
SPONSOR(S): Mayor Francis Suarez
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
City of Miami Page 1 of 2 File ID: 1441 (Revision:) Printed On: 6/27/2018
File ID: 1441
Enactment Number: R-16-0590
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 ria i "ndez, iky Httor ey 1112912016
' 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.
City of Miami Page 2 of 2 File ID: 1441 (Revision:) Printed on: 6/27/2018