Florida/Georgia Personal Injury & Workers Compensation

...The district court of appeal reversed but certified the following question as being of great public importance: WHAT IS THE MINIMUM AMOUNT OF INSURANCE REQUIRED ON A PER-PERSON BASIS FOR PRIVATE SCHOOL BUSES WITH MORE THAN TWENTY-FOUR SEATS WHICH ARE WITHIN THE CLASS DESCRIBED BY *1072 SECTION 316.615, FLORIDA STATUTES (1989)? Suazo v....

...In the amount of $50,000 because of injury to, or destruction of, property of others in any one accident; or (b) A policy of insurance providing for bodily liability insurance and property damage liability in a sum of not less than $300,000. (2) School buses subject to the provisions of chapter 234 or s. 316.615 are exempt from the provisions of this section. Because it was stipulated that the Del Busto vehicle was both a nonpublic-sector bus and a school bus, the provisions of subsection (2) eliminate the applicability of section 627.742 and require a reference to chapter 234 or section 316.615. However, chapter 234 is also inapplicable because section 234.051, Florida Statutes (1989), defines school buses only as those buses owned, operated, rented, contracted, or leased by any school board. Section 316.615, Florida Statutes (1989), reads in pertinent part: (1)(a) All motor vehicles, other than private passenger automobiles and school buses with a seating capacity of less than 24 pupils, which are used primarily for the transportation of...

...acent to the *1073 public school bus delivery and pickup zones, as determined by the appropriate government entities. (6) The department shall promulgate such rules and regulations as are necessary to effect the purposes of this section. Thus, while section 316.615 purports to exercise some regulatory authority over nonpublic-sector school buses like that of the Del Bustos, it, too, does not establish minimum liability insurance requirements. However, pursuant to section 316.615(6), the Florida Highway Patrol has promulgated a School Bus Inspection and Student Transportation Manual....

...greater than the $10,000 limit set generally by section 324.021(7) for automobiles. Del Busto replies that section 627.742 does not apply because subsection (2) of that statute provides that "school buses subject to the provisions of chapter 234 or section 316.615 are exempt from the provisions of this section." Section 234.051 defines a school bus as a vehicle used to transport children to school or school activities "which is owned, operated, rented, contracted or leased by any school board."...

...n 234.03 sets the amount at $5,000 per seat or $100,000, whichever is greater. Thus, even if chapter 234 applied to the bus in question, minimum tort liability has been set at $100,000 by this chapter. The other section referred to in 627.742(2), is section 316.615, entitled "Inspection of School Buses; Physical Requirements." The only provision in that statute referring *482 to motor vehicles with seating for more than twenty-four pupils, mandates that such vehicles comply with the requirements of chapter 234 and § 316.615(1)(a)....

...porations. § 316.003(78), Fla. Stat. (1989). [1] Section 627.742 prescribes the required insurance levels for a nonpublic-sector bus. Section 627.742 has an express exclusion which states: "[s]chool buses subject to the provisions of chapter 234 or s. 316.615 are exempt from the provisions of this section." Id. § 627.742(2). This language facially appears to eliminate school buses from the coverage of section 627.742, since chapter 234 addresses the responsibilities of school boards for the transportation of school children, while section 316.615 pertains to the inspection of school buses....

...It follows that the school bus at issue here is excluded from the coverage of section 627.742, as well as section 316.70 and the rule promulgated thereunder. Turning next to the position of the Department of Highway Safety and Motor Vehicles, the school bus at issue in the present case fits within the class described by subsection 316.615(1), Florida Statutes (1989)....

...it requests certification of the following question of great public importance: What is the minimum amount of insurance required on a per-person basis for private school buses with more than twenty-four seats which are within the class described by section 316.615, Florida Statutes (1989)? See Fla.R.App.P....

...ified in §§ 627.7415 and 627.742, respectively. (8) MOTOR VEHICLE LIABILITY POLICY — Any ... policy of liability insurance furnished as proof of financial responsibility ... in not less than the limits described in subsection (7). [4] Pursuant to section 316.615(6), the Department of Highway Safety and Motor Vehicles has promulgated Florida Administrative Code Rule 15B-4 which requires all nonpublic school buses to have liability insurance....

...[3] The Florida Department of Education's amicus brief takes the position that chapter 234, standing alone, applies only to school boards. The Department of Education did not address the extent to which chapter 234 might be made applicable to privately operated school buses by virtue of section 316.615.

bus" to the one contained in s. 234.051, F.S. Section 316.615, F.S., requires that all motor vehicles, other

REQUIRED UNDER SECTION 316.615(4), F.S., TO INSPECT? 2. DOES THE WORD `BUS' IN SECTION 316.615(2)(a), F

...Accordingly, we affirm and certify the following question of great public importance: What is the minimum amount of insurance required on a per-person basis for private school buses with fewer than twenty-four seats which are within the class described by section 316.615, Florida Statutes (1989)? Affirmed.

...3d DCA1992), in which the court certified the following question as one of great public importance: WHAT IS THE MINIMUM AMOUNT OF INSURANCE REQUIRED ON A PER-PERSON BASIS FOR PRIVATE SCHOOL BUSES WITH FEWER THAN TWENTY-FOUR SEATS WHICH ARE WITHIN THE CLASS DESCRIBED BY SECTION 316.615, FLORIDA STATUTES (1989)? Id....

...isadvantaged 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450 Dear Ms. Hutchinson: You have asked for my opinion on substantially the following question: What programs may be included within the scope of the term "preelementary" as used in section 316.615 , Florida Statutes? In sum: Programs within the scope of the term "preelementary" as used in section 316.615 , Florida Statutes, are those that serve children who are not yet old enough for admission to public school under section 232.01, Florida Statutes....

...re, employment, education, shopping, social activities, or other life-sustaining activities. Your question relates to the use of school buses to transport either school children or at-risk children participating in before- and after-school programs. Section 316.615 , Florida Statutes, requires that "(1)(a) All motor vehicles, with a seating capacity of 24 or more pupils, which are regularly used for the transportation of pupils to or from school, or to or from school activities, shall comply wit...

...None of these instances includes a definition of the term. Section 316.003 (45), Florida Statutes (1998 Supplement), provides a definition for "[s]chool bus" and includes the statement "[t]he term `school' includes all preelementary , elementary, secondary, and postsecondary schools." (e.s.) Section 316.615 , Florida Statutes, relates to school buses and describes the physical requirements of drivers....

...vention services for children ages birth through two years. 8 Other programs are available for children ages three through five who have special needs. 9 Thus, it is my opinion that the term "preelementary" is used in a broad and inclusive manner in section 316.615 (1)(b), Florida Statutes, to refer to programs for children not yet old enough for admission to public school under the terms of section 232.01, Florida Statutes....

...3 See, s. 427.011 (1), Fla. Stat., for the definition of "[t]ransportation disadvantaged". 4 See , s. 411.202 (8), Fla. Stat., defining a "[h]andicapped child" and s. 411.202 (9), Fla. Stat., for a definition of a "[h]igh risk child" or "at-risk child". 5 Section 316.615 (1)(b), Fla....