Florida Senate - 2014                                    SB 1572
       
       
        
       By Senator Sachs
       
       
       
       
       
       34-01181-14                                           20141572__
    1                        A bill to be entitled                      
    2         An act relating to persons with disabilities;
    3         requiring law enforcement agencies to report certain
    4         criminal activity and enforcement of certain laws to
    5         the Department of Law Enforcement and the Department
    6         of Highway Safety and Motor Vehicles; amending ss.
    7         318.1451 and 322.0261, F.S.; requiring the Department
    8         of Highway Safety and Motor Vehicles to consider
    9         course content relating to traffic laws to assist
   10         legally blind and mobility-impaired persons; amending
   11         s. 322.095, F.S.; requiring certain traffic law
   12         education programs to include the study of traffic
   13         laws to assist legally blind and mobility-impaired
   14         persons; amending s. 322.12, F.S.; providing
   15         requirements for examination questions pertaining to
   16         traffic laws relating to legally blind and mobility
   17         impaired persons; amending s. 943.17, F.S.; requiring
   18         the basic skills course required in order for law
   19         enforcement officers to obtain certification to
   20         include the study of traffic laws to assist legally
   21         blind and mobility-impaired persons; amending s.
   22         1003.48, F.S.; requiring driver education programs to
   23         include study of traffic laws to assist legally blind
   24         and mobility-impaired persons; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Law enforcement reports.—Each month, each law
   30  enforcement agency in the state shall report crimes affecting
   31  persons with disabilities, persons who are legally blind, and
   32  persons who are mobility impaired to the Department of Law
   33  Enforcement and report its enforcement of s. 316.1301, Florida
   34  Statutes, and traffic laws to assist legally blind and mobility
   35  impaired persons to the Department of Highway Safety and Motor
   36  Vehicles. The report to the Department of Highway Safety and
   37  Motor Vehicles shall include incidents of crashes involving
   38  legally blind persons and crashes involving mobility-impaired
   39  persons. The Department of Law Enforcement and the Department of
   40  Highway Safety and Motor Vehicles shall each provide procedures
   41  for the collection and maintenance of the reports in the same
   42  manner as other criminal activity and enforcement reports are
   43  collected and maintained by that department.
   44         Section 2. Paragraph (a) of subsection (2) of section
   45  318.1451, Florida Statutes, is amended to read:
   46         318.1451 Driver improvement schools.—
   47         (2)(a) In determining whether to approve the courses
   48  referenced in this section, the department shall consider course
   49  content designed to promote safety, driver awareness, crash
   50  avoidance techniques, and other factors or criteria to improve
   51  driver performance from a safety viewpoint, including promoting
   52  motorcyclist, bicyclist, and pedestrian safety and risk factors
   53  resulting from driver attitude and irresponsible driver
   54  behaviors, such as speeding, running red lights and stop signs,
   55  and using electronic devices while driving. The department shall
   56  also consider course content that includes the study of s.
   57  316.1301 and traffic laws to assist legally blind and mobility
   58  impaired persons. Initial approval of the courses shall also be
   59  based on the department’s review of all course materials, course
   60  presentation to the department by the provider, and the
   61  provider’s plan for effective oversight of the course by those
   62  who deliver the course in the state. New courses shall be
   63  provisionally approved and limited to the judicial circuit
   64  originally approved for pilot testing until the course is fully
   65  approved by the department for statewide delivery.
   66         Section 3. Subsection (5) of section 322.0261, Florida
   67  Statutes, is amended to read:
   68         322.0261 Driver improvement course; requirement to maintain
   69  driving privileges; failure to complete; department approval of
   70  course.—
   71         (5) In determining whether to approve a driver improvement
   72  course for the purposes of this section, the department shall
   73  consider course content designed to promote safety, driver
   74  awareness, crash avoidance techniques, and other factors or
   75  criteria to improve driver performance from a safety viewpoint.
   76  The department shall also consider course content that includes
   77  the study of s. 316.1301 and traffic laws to assist legally
   78  blind and mobility-impaired persons.
   79         Section 4. Paragraph (b) of subsection (2) of section
   80  322.095, Florida Statutes, is amended to read:
   81         322.095 Traffic law and substance abuse education program
   82  for driver license applicants.—
   83         (2) The Department of Highway Safety and Motor Vehicles
   84  must approve traffic law and substance abuse education courses,
   85  including courses that use communications technology as the
   86  delivery method.
   87         (b) Each course provider seeking approval of a traffic law
   88  and substance abuse education course must submit:
   89         1. Proof of ownership, copyright, or written permission
   90  from the course owner to use the course in the state.
   91         2. The curriculum for the courses which must promote
   92  motorcyclist, bicyclist, and pedestrian safety and provide
   93  instruction on the physiological and psychological consequences
   94  of the abuse of alcohol and other drugs; the societal and
   95  economic costs of alcohol and drug abuse; the effects of alcohol
   96  and drug abuse on the driver of a motor vehicle; the laws of
   97  this state relating to the operation of a motor vehicle; the
   98  risk factors involved in driver attitude and irresponsible
   99  driver behaviors, such as speeding, reckless driving, and
  100  running red lights and stop signs; and the results of the use of
  101  electronic devices while driving. The curricula must also
  102  include the study of s. 316.1301 and traffic laws to assist
  103  legally blind and mobility-impaired persons.
  104         Section 5. Subsection (6) is added to section 322.12,
  105  Florida Statutes, to read:
  106         322.12 Examination of applicants.—
  107         (6) Each examination given for a Class E driver license or
  108  a commercial driver license under this section must include one
  109  question testing the applicant’s knowledge of s. 316.1301 and
  110  traffic laws to assist legally blind and mobility-impaired
  111  persons. In developing questions under this subsection, the
  112  department shall emphasize pedestrian right-of-way when a driver
  113  is making a right turn at an intersection.
  114         Section 6. Subsection (5) of section 943.17, Florida
  115  Statutes, is amended to read:
  116         943.17 Basic recruit, advanced, and career development
  117  training programs; participation; cost; evaluation.—The
  118  commission shall, by rule, design, implement, maintain,
  119  evaluate, and revise entry requirements and job-related
  120  curricula and performance standards for basic recruit, advanced,
  121  and career development training programs and courses. The rules
  122  shall include, but are not limited to, a methodology to assess
  123  relevance of the subject matter to the job, student performance,
  124  and instructor competency.
  125         (5) The commission, in consultation with the Florida
  126  Violent Crime and Drug Control Council, shall establish
  127  standards for basic and advanced training programs for law
  128  enforcement officers in the subjects of investigating and
  129  preventing violent crime. The curricula of every basic skills
  130  course required in order for law enforcement officers to obtain
  131  initial certification must include the study of s. 316.1301 and
  132  traffic laws to assist legally blind and mobility-impaired
  133  persons. After January 1, 1995, every basic skills course
  134  required in order for law enforcement officers to obtain initial
  135  certification must include training on violent crime prevention
  136  and investigations.
  137         Section 7. Subsection (1) of section 1003.48, Florida
  138  Statutes, is amended to read:
  139         1003.48 Instruction in operation of motor vehicles.—
  140         (1) A course of study and instruction in the safe and
  141  lawful operation of a motor vehicle shall be made available by
  142  each district school board to students in the secondary schools
  143  in the state. As used in this section, the term “motor vehicle”
  144  shall have the same meaning as in s. 320.01(1)(a) and shall
  145  include motorcycles and mopeds. Instruction in motorcycle or
  146  moped operation may be limited to classroom instruction. The
  147  curricula of every course must include the study of s. 316.1301
  148  and traffic laws to assist legally blind and mobility-impaired
  149  persons. The course shall not be made a part of, or a substitute
  150  for, any of the minimum requirements for graduation.
  151         Section 8. This act shall take effect July 1, 2014.