234.03  Tort liability; liability insurance.--

(1)  Each district school board shall be liable for tort claims arising out of any incident or occurrence involving a school bus or other motor vehicle owned, maintained, operated, or used by such school board to transport persons, to the same extent and in the same manner as the state or any of its agencies or subdivisions is liable for tort claims under s. 768.28, except that the total liability to persons being transported for all claims or judgments of such persons arising out of the same incident or occurrence shall not exceed an amount equal to $5,000 multiplied by the rated seating capacity of the bus or other vehicle, as determined by rules of the Commissioner of Education, or $100,000, whichever is greater. The provisions of s. 768.28 apply to all claims or actions brought against school boards, as authorized in this subsection.

(2)  Each school board may secure and keep in force a medical payments plan or medical payments insurance on school buses and other vehicles. If a medical payments plan or insurance is provided, it shall be carried in a sum of no less than $500 per person.

(3)  Expenses, costs, or premiums to protect against liability for torts as provided in this section may be paid from any available funds of the school board.

(4)  If vehicles used in transportation are not owned by the school board, such school board is authorized to require owners of such vehicles to show evidence of adequate insurance during the time that such vehicles are in the services of the school board.

(5)  This section does not apply to causes of action accruing before October 1, 1978.