To establish specifications for School Bus Infraction Detection Systems in accordance with section 316.173(18), F.S., pursuant to the passage of SB 766 during the 2023 legislative session.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-3.003Certification as to Specifications of School Buses

PURPOSE AND EFFECT: To establish specifications for School Bus Infraction Detection Systems in accordance with section 316.173(18), F.S., pursuant to the passage of SB 766 during the 2023 legislative session.

SUMMARY: The amendment will establish specifications for School Bus Infraction Detection Systems that can be used by school districts to automatically capture instances of motorists illegally passing stopped school buses in violation of s. 316.172, F.S., and provide the video evidence to local authorities to enforce civil penalties for violations of s. 316.173, F.S.

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: This proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of this rule. This is based upon the nature of the proposed rule.

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), 1006.25(4), F.S.

LAW IMPLEMENTED: 1006.25, F.S.

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

DATE AND TIME: October 18, 2023, 9:00 A.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (4) No change.

(5) A school bus as defined in s. 1006.25, F.S., that is equipped with a school bus infraction detection system as defined in s. 316.003, F.S., and operated in accordance with s. 316.173, F.S., for the purpose of documenting a motor vehicle illegally passing a stopped school bus in violation of s. 316.172(1)(a) or (b), F.S., is subject to the following:

(a) the system shall be comprised of two (2) or more cameras affixed to a school bus that meets all of the following requirements:

1. Is synchronized to automatically record video or one or more sequenced photographs of a vehicle failing to stop for a school bus in violation of s. 316.172(1)(a) or (b), F.S.;

2. Is capable of capturing images of:

a. The left and right side of the school bus documenting a vehicle illegally passing the stopped school bus from either direction beginning when the vehicle is no less than two-hundred (200) feet from the school bus; and

b. The license plate on the rear of the vehicle.

3. Is capable of capturing a record of the following:

a. The date, time and GPS location of the violation;

b. The status of the school bus’s eight-way student warning light system at the time of the violation; and

c. The date stamp documenting the latest system self-test conducted on the School Bus Infraction Detection System.

(b) School bus infraction detection systems must perform a self-test no less than once every thirty (30) days and be tested by a licensed technician at least once a year.

(c) The school district shall ensure that images and data recorded by the system will not identify or depict any student unless the student is the operator of a vehicle failing to stop for a school bus in violation of 316.172(1)(a) or (b), F.S.

(6) (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, cost-effectiveness or efficiency. 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 316.173(17), (18), 1001.02(1), 1006.25(2), (4) FS. Law Implemented 316.003, 316.173, 1006.25 FS. History–New 7-20-74, Repromulgated 12-5-74, Formerly 6A-3.03, Amended 11-15-94, 8-20-17, 10-24-19, 11-23-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Eggers, Assistant Deputy Commissioner, Finance and Operations.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2023