House Bill 4269

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    Florida House of Representatives - 1998                HB 4269

        By Representative Brennan






  1                      A bill to be entitled

  2         An act relating to driver improvement schools;

  3         amending s. 318.1451, F.S.; providing

  4         additional standards for such schools;

  5         providing duties of the Department of Highway

  6         Safety and Motor Vehicles; deleting an obsolete

  7         requirement; providing for rulemaking;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 318.1451, Florida Statutes, is

13  amended to read:

14         318.1451  Driver improvement schools.--

15         (1)  The Department of Highway Safety and Motor

16  Vehicles must shall approve and monitor the courses of all

17  driver improvement schools, as the courses relate to ss.

18  318.14(9), 322.0261, 322.095, and 322.291. The chief judge of

19  the applicable judicial circuit may establish requirements

20  regarding the location of schools within the judicial circuit.

21  A person may engage in the business of operating a driver

22  improvement school that offers department-approved courses

23  related to ss. 318.14(9), 322.0261, 322.095, and 322.291 and

24  shall notify the department on a form approved by the

25  department that the school is offering a driver improvement

26  course.

27         (2)  In determining whether to approve the courses

28  referenced in this section, the department shall consider

29  course content designed to promote safety, driver awareness,

30  accident avoidance techniques, and other factors or criteria

31  to improve driver performance from a safety viewpoint. The

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    Florida House of Representatives - 1998                HB 4269

    220-166-98






  1  department must evaluate applicants and monitor the use of the

  2  approved courses and the driver improvement schools offering

  3  approved courses to ensure that:

  4         (a)  The approved courses are conducted in accordance

  5  with the approved curriculum;

  6         (b)  The approved courses are taught by instructors who

  7  have completed at least 2 years of formal education beyond

  8  high school at an accredited educational institution or have

  9  at least 4 years of experience in teaching driver improvement

10  or driver education courses and who have completed a training

11  program consisting of at least 8 contact hours in the specific

12  driver improvement course they are teaching;

13         (c)  The courses are updated to cover current law; and

14         (d)  The school and course provider have a published

15  procedure to resolve consumer complaints.

16         (3)  The Department of Highway Safety and Motor

17  Vehicles shall develop a procedure for resolving consumer

18  complaints that are not resolved by a driver improvement

19  school or course provider. The procedure must include an

20  opportunity for input from the consumer, the school, and the

21  course provider. The department must suspend accepting proof

22  of attendance of courses from persons who attend those schools

23  that do not teach an approved course or that otherwise fail to

24  comply with this section, s. 322.095, or applicable rules of

25  the department.  In those circumstances, a person who has

26  elected to take courses from such a school shall receive a

27  refund from the school, and the person shall have the

28  opportunity to take the course at another school. The

29  providers of approved courses must monitor the schools that

30  conduct its courses to ensure full compliance with this

31  section. The department must suspend or revoke approval of any

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    Florida House of Representatives - 1998                HB 4269

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  1  course that does not satisfy the criteria contained in this

  2  section, s. 322.095, or applicable rules of the department.

  3  Before suspending or revoking course approval, the department

  4  must give the course provider written notice of the violation

  5  and an opportunity to correct any deficiency. The department

  6  must prepare a list of approved curricula and of schools found

  7  to comply with the requirements of this section and of those

  8  courses from which the department has determined proof of

  9  attendance will not be accepted.

10         (4)  In addition to a regular course fee, an assessment

11  fee in the amount of $2.50 shall be collected by the school

12  from each person who elects to attend a course, as it relates

13  to ss. 318.14(9), 322.0261, 322.291, and 627.06501, which

14  shall be remitted to the Department of Highway Safety and

15  Motor Vehicles and deposited in the Highway Safety Operating

16  Trust Fund to administer this program and to fund the general

17  operations of the department.

18         (5)  The Department of Highway Safety and Motor

19  Vehicles is directed to perform studies of the driver

20  improvement courses offered in Florida to determine the

21  effectiveness of such courses on crash and violation rates.

22  The department must report its findings to the Legislature by

23  October 1, 1997.  The department is authorized to establish

24  control groups of licensed drivers to test the effectiveness

25  of the courses, and the department shall have the authority to

26  suspend the normal penalties provided by chapters 316, 318,

27  and 322 with respect to those persons participating in the

28  studies. The department may adopt those rules necessary to

29  administer this section.

30         Section 2.  This act shall take effect July 1 of the

31  year in which enacted.

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    Florida House of Representatives - 1998                HB 4269

    220-166-98






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  2                          SENATE SUMMARY

  3    Provides additional requirements for driver improvement
      schools. Provides duties of the Department of Highway
  4    Safety and Motor Vehicles relating to driver improvement.
      Deletes a requirement for which the deadline has passed.
  5    Allows the department to adopt necessary rules.

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