The purpose of this rule amendment is to implement Florida’s statutory requirements to effect safe and efficient transportation of Florida public school students by county school districts and charter schools. The Florida School Bus Specifications ...

Notice of Proposed Rule

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-3.0291: Specifications for New School Buses
PURPOSE AND EFFECT: The purpose of this rule amendment is to implement Florida’s statutory requirements to effect safe and efficient transportation of Florida public school students by county school districts and charter schools. The Florida School Bus Specifications are being updated in accordance with required and requested changes, current public expectations, and higher benchmarks among student transportation providers for the safety of students.
SUMMARY: This rule is amended to adopt the Florida School Bus Specifications Revised 2012 and the National School Transportation Specifications and Procedures Revised 2010.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule adopts the revised bus specifications that includes minor changes to the school districts’ and charter schools’ responsibilities and is not anticipated to have any impact on economic growth, private-sector job creation or employment, and is not likely to have any adverse impact on small business. The rule is not anticipated to increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule, nor will it have monetary impacts in excess of $1 million on the areas indentified in Section 120.541(2)(a), Florida Statutes. The Department, school districts and charter schools will implement the proposed rule with existing staff and resources to ensure all new and upgraded school buses meet the 2012 requirements of the Florida School Bus Specifications.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1006.25 FS.
LAW IMPLEMENTED: 1006.22, 1006.25 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 12, 2012, 8:00 a.m.
PLACE: Tampa Airport Marriott, Tampa International Airport, 4200 George J. Bean Parkway, Duval Room, Tampa, FL 33607
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Charlie Hood, Office of School Transportation, Department of Education, 325 West Gaines Street, Room 824, Tallahassee, FL 32399-0400; 850 245-9924

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-3.0291 Specifications for New School Buses.

(1) School buses purchased each year shall conform to current National School Transportation Specifications and Procedures of the National Congress Conference on School Transportation, current Federal Motor Vehicle Safety Standards and to specifications prescribed by the State Board for body, chassis and special equipment as provided in Section 1006.25, Florida Statutes. Each school bus as defined by Section 1006.25(1), Florida Statutes, shall meet the requirements of the Florida School Bus Specifications applicable for the year the bus was manufactured or the previous year if specifications were not revised and approved for a given year. Specifications shall incorporate the specific standards as approved by the State Board prior to and including the following years: 1965, 1966, 1968, 1969, 1970, 1971, 1972, 1973, 1974, 1975, 1976, 1977, 1978, 1979, 1980, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1992, 1993, 1995, 2000, 2002, 2004, 2006, and 2008, and 2012 revised.

Copies of the above specifications are on file and available from the School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. Specifications may vary for different sizes and types of buses to meet specific needs and conditions. Bid forms prepared under the direction of the Commissioner shall incorporate basic specifications and equipment.

(2) through (3) No change.

Rulemaking Specific Authority 1006.25 FS. Law Implemented 1006.22, 1006.25 FS. History–Amended 9-17-72, 7-20-74, Repromulgated 12-5-74, Amended 11-10-83, 3-28-84, 10-8-84, 10-8-85, Formerly 6A-3.29, Amended 8-19-86, 9-30-87, 10-4-88, 12-11-89, 12-18-90, 11-10-92, 9-5-93, 11-15-94, 10-18-95, Formerly 6A-3.029, Amended 6-11-00, Formerly 6-3.029, Amended 4-21-03, 2-22-05, 11-26-06, 7-21-08,________.

Cf. Florida School Bus Specifications Revised, January 1965; Florida School Bus Specifications Revised, Chassis – 1966; Body – 1966; Florida School Bus Specifications Revised, January 1966; Florida School Bus Specifications Revised, 1968; Florida School Bus Specifications Revised, 1969; Florida School Bus Specifications Revised, 1970; Florida School Bus Specifications Revised, 1971; Florida School Bus Specifications Revised, 1972; Florida School Bus Specifications Revised, 1973; Florida School Bus Specifications Revised, November 1974; Florida School Bus Specifications Revised, January 1975; Florida School Bus Specifications Revised, Chassis – October 1976; Body – October 1976, No Type A; No Exceptional Child; Florida School Bus Specifications Revised, Body, Chassis, Type A, and Exceptional Child, March 1977; Florida School Bus Specifications Revised, 1978; Florida School Bus Specifications Revised, Amended, 1979; Florida School Bus Specifications Revised, November 1980; Florida School Bus Specifications Revised, 1982; Florida School Bus Specifications Revised, 1983; Florida School Bus Specifications Revised, January 1984; Florida School Bus Specifications Revised, September 1984; Florida School Bus Specifications Revised, September 1985; Florida School Bus Specifications Revised, July 1986; Florida School Bus Specifications Revised, October 1987; Florida School Bus Specifications Revised, 1988; Florida School Bus Specifications Revised, 1989; Florida School Bus Specifications Revised, 1990; Florida School Bus Specifications Revised, 1992; Florida School Bus Specifications Revised, 1993; Florida School Bus Specifications Revised, 1995; Florida School Bus Specifications Revised, 2000; Florida School Bus Specifications Revised, 2002; Florida School Bus Specifications Revised, 2004; Florida School Bus Specification Revised, 2006, Florida School Bus Specifications Revised, 2008; Florida School Bus Specifications Revised 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02025), National School Transportation Specifications and Procedures Revised 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02026).

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, Division of Finance and Operations
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2012