To remove the requirement for manufacturers, dealers or distributors to file specifications, including blueprints, when requested by the Department of Education, with the Deputy Commissioner of Finance and Operations, for each model of school bus ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-3.003Certification as to Specifications of School Buses

6A-3.0291Specifications for New School Buses

PURPOSE AND EFFECT: To remove the requirement for manufacturers, dealers or distributors to file specifications, including blueprints, when requested by the Department of Education, with the Deputy Commissioner of Finance and Operations, for each model of school bus chassis and body intended to transport students. This requirement is not necessary, as the rule requires the manufacture, distributor or dealer to file a certified statement that any school bus chassis or body sold meets all safety standards and specifications prescribed for school buses for use in Florida. In addition, the purpose is to incorporate language related to school bus specifications and pilot testing from rule 6A-3.0291, F.A.C., which is proposed for repeal. The effect is that school buses sold in Florida will still meet Federal Motor Vehicle Safety Standards, the National School Transportation Specifications & Procedures, May 2010, Florida School Bus Specifications, revised 2013 and the information will be consolidated in one rule.

SUMMARY: This amendment will eliminate the requirement for the bus manufacturer, distributor or dealer to file, upon request, bus chassis and body specifications and blueprints with the Deputy Commissioner for Finance and Operations, while incorporating language from 6A-3.0291, F.A.C., which is proposed for repeal.

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 revisions to the rule remove the requirement for manufacturers, dealers or distributors to file specifications, including blueprints, when requested by the Department of Education, with the Deputy Commissioner of Finance and Operations, for each model of school bus chassis and body intended to transport students. Additionally, the proposed revisions to the rule incorporate language related to school bus specifications and pilot testing from rule 6A-3.0291, F.A.C., which will be repealed. This is not expected to require legislative ratification and the adverse impact or regulatory cost, if any, does not exceed, nor would it be expected to exceed, any one of the economic analysis criteria set forth in section 120.541(2)(a), Florida Statutes.

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: 1001.02(1), 1006.25(2)(4), FS.

LAW IMPLEMENTED: 1006.25, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 17, 2017, 2:00 p.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, 325 West Gaines Street, Room 814, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-3.003 Certification as to Specifications of School Buses.

(1) Before any manufacturer, distributor or dealer may offer for sale or lease any school bus chassis or bodies to be used for the transportation of students to public schools of Florida, such manufacturer, distributor or dealer shall:

(a) File with the Deputy Commissioner for Finance and Operations complete specifications for each chassis and body model, including blueprints when requested.

(a)(b) File with the Deputy Commissioner for Finance and Operations a certified statement that any school bus chassis or body sold by such manufacturer, distributor or dealer will meet the all Federal Motor Vehicle Safety Standards required by section 1006.25(2), F.S., the National School Transportation Specifications & Procedures, May 2010 (DOS link) and the Florida School Bus Specifications, revised 2013 (DOS link) all of which are incorporated herein by reference , National Standards for School Buses and Florida School Bus Specifications prescribed for school buses for use in Florida. For information on obtaining copies of the National School Transportation Specifications & Procedures, May 2010 or the Florida School Bus Specifications, revised 2013, contact the Director of School Transportation Management, Florida Department of Education, Suite 834, 325 W Gaines St., Tallahassee, FL  32399.

(b)(c) Submit to the Deputy Commissioner for Finance and Operations or his/her authorized representative upon request, for the purpose of examination, a demonstrator model, or parts thereof, of each type of chassis or body model to be offered for sale. Such examination shall be for the purpose of ascertaining whether the respective chassis or body model meets the specifications, including quality standards, required by the State Board.

(2) Upon examining the specifications or the demonstrator chassis or body model, the Deputy Commissioner for Finance and Operations shall maintain a list of each chassis or body model that meets Florida school bus requirements. The Deputy Commissioner for Finance and Operations or his/her authorized representative shall furnish, upon request, superintendents a list of all chassis and body companies offering equipment for sale in Florida that meets the minimum specifications of the State Board.

(3) Insofar as practicable, the Deputy Commissioner for Finance and Operations or his/her authorized representative shall make periodic inspection of school bus chassis and bodies delivered to school boards for the purpose of determining if the standards referenced in paragraph (1)(a) of this rule, applicable specifications and quality standards have been met. Should it be determined that any chassis or body delivered to a school board does not meet these the standards approved by the State Board, including equipment specified, the manufacturer, distributor or dealer shall make satisfactory corrections as prescribed by the Deputy Commissioner for Finance and Operations or authorized representative. The Deputy Commissioner for Finance and Operations and the district receiving such equipment shall refuse further approval of bids submitted by the manufacturer, distributor and dealer or representative until satisfactory corrections are made.

(4) Any school district may, at its option, upgrade any school bus or buses with equipment meeting specifications that are current at the time of the upgrade.

(5) The Commissioner may approve special equipment differing from, or not prescribed, in Florida School Bus Specifications for the specific purpose of limited pilot testing to determine if such equipment provides substantive improvements in safety or cost-effectiveness. Pilot testing of equipment shall not be approved until the Commissioner has determined, to the extent practical, that the equipment will not compromise safety.

Rulemaking Authority 1001.02(1), 1006.25(2), (4) FS. Law Implemented 1006.25 FS. History–New 7-20-74, Repromulgated 12-5-74, Formerly 6A-3.03, Amended 11-15-94,____.

 

6A-3.0291 Specifications for New School Buses.

Rulemaking Authority 1006.25 FS. Law Implemented 1006.25 FS. History–New 9-17-72, Amended 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, 4-1-13, Repealed_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Linda Champion, Deputy Commissioner, 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: June 16, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 22, 2017