Senate Bill 1656c1
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Florida Senate - 1999 CS for SB 1656
By the Committee on Transportation and Senator Casas
306-2208A-99
1 A bill to be entitled
2 An act relating to driving schools; amending s.
3 318.14, F.S.; increasing the number of times a
4 person may elect to take a driver improvement
5 course; amending s. 318.1451, F.S.; revising
6 language with respect to driver improvement
7 schools; amending s. 322.0261, F.S.; providing
8 for mandatory basic driver improvement courses;
9 providing reference to crashes rather than
10 accidents; creating s. 322.02615, F.S.;
11 providing for mandatory driver improvement
12 courses; amending s. 322.095, F.S.; revising
13 provisions with respect to traffic law and
14 substance abuse education program for driver's
15 license applicants; amending s. 322.271, F.S.;
16 conforming to the act; amending s. 322.291,
17 F.S.; revising provisions with respect to
18 driver improvement schools; amending s.
19 627.06501, F.S.; conforming a cross-reference;
20 providing an appropriation; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (9) of section 318.14, Florida
26 Statutes, is amended to read:
27 318.14 Noncriminal traffic infractions; exception;
28 procedures.--
29 (9) Any person who is cited for an infraction under
30 this section other than a violation of s. 320.0605(1), s.
31 320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.
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1 322.62 may, in lieu of a court appearance, elect to attend in
2 the location of his or her choice within this state a basic
3 driver improvement course approved by the Department of
4 Highway Safety and Motor Vehicles. In such a case,
5 adjudication must be withheld; points, as provided by s.
6 322.27, may not be assessed; and the civil penalty that is
7 imposed by s. 318.18(3) must be reduced by 18 percent;
8 however, a person may not make an election under this
9 subsection if the person has made an election under this
10 subsection in the preceding 12 months. A person may make no
11 more than eight five elections under this subsection. The
12 requirement for community service under s. 318.18(7) or under
13 s. 318.18(8) is not waived by a plea of nolo contendere or by
14 the withholding of adjudication of guilt by a court.
15 Section 2. Section 318.1451, Florida Statutes, is
16 amended to read:
17 318.1451 Driver improvement schools.--
18 (1) The Department of Highway Safety and Motor
19 Vehicles shall approve the courses of all driver improvement
20 schools and monitor the administration and presentation by the
21 driver improvement schools, as the courses relate to ss.
22 318.14(9), 322.0261, 322.02615, 322.095, and 322.291. The
23 chief judge of the applicable judicial circuit may establish
24 requirements regarding the location of schools within the
25 judicial circuit. A person may engage in the business of
26 operating a driver improvement school that offers
27 department-approved courses related to ss. 318.14(9),
28 322.0261, 322.095, and 322.291. Any course curriculum that is
29 provisionally or fully approved for use in this state may only
30 use the teaching methodologies or techniques under which the
31 curriculum was originally approved by the department. Any
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1 variation of teaching methodology or technique must be
2 approved by the department and must be based, in part, upon
3 statistical evidence that demonstrates effectiveness in
4 reducing crash recidivism or violation recidivism at
5 statistically significant levels.
6 (2) The department shall ensure that each course
7 provider follows the criteria required for instructors. The
8 provider must certify that an instructor has at least a high
9 school diploma or GED and 2 years of documented teaching
10 experience in an academic field, including safety, criminal
11 justice, behavioral science, or a related subject matter; or 2
12 years of documented formal education beyond high school; or 2
13 years of documented full-time employment experience in safety,
14 criminal justice, behavioral science, or a related field. The
15 instructor must have a valid driver's license at the time of
16 certification and throughout the certification period, with no
17 more than two moving violation convictions during the prior 3
18 years or any violation that results in suspension or
19 revocation of the instructor's driver license. A person who
20 has been found guilty of any felony or any offense involving
21 driving under the influence during the prior 10 years may not
22 be certified as an instructor. The provider shall recertify an
23 instructor every 2 years if the instructor remains qualified
24 for certification. In order to maintain qualification for
25 certification, an instructor must complete at least 8 hours of
26 course-specific, inservice education every 2 years and must
27 teach at least two complete courses each year for every course
28 for which the instructor holds certification; however, an
29 instructor who holds a certification by the department
30 pursuant to s. 322.292 to teach DUI courses at the time of
31 recertification and who has taught at least two complete DUI
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1 courses each year during the recertification period shall be
2 exempted from the 8-hour course-specific, inservice education
3 requirement solely as it relates to the instructors'
4 recertification as an instructor for the traffic law and
5 substance abuse education courses referred to in s. 322.095
6 for that recertification period. This subsection does not
7 apply to an instructor who is certified before January 1,
8 1999, so long as the instructor's certification is not
9 canceled, does not expire, or is not otherwise interrupted. In
10 determining whether to approve the courses referenced in this
11 section, the department shall consider course content designed
12 to promote safety, driver awareness, accident avoidance
13 techniques, and other factors or criteria to improve driver
14 performance from a safety viewpoint.
15 (3) The Department of Highway Safety and Motor
16 Vehicles shall suspend accepting proof of attendance of
17 courses from persons who attend those schools that do not
18 teach an approved course. In those circumstances, a person
19 who has elected to take courses from such a school shall
20 receive a refund from the school, and the person shall have
21 the opportunity to take the course at another school. The
22 Department of Highway Safety and Motor Vehicles shall adopt
23 and enforce rules to administer this section, including
24 procedures for resolving consumer complaints. In addition, the
25 department may bring appropriate action to enjoin unlawful
26 activities. The department shall adopt rules providing for the
27 issuance of a course completion certificate number to each
28 person who completes an approved driver improvement course,
29 and shall implement a system for tracking the course
30 completion certificate numbers to ensure course completion
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1 certificates are not used by more than one person and to
2 assist in the evaluation of course effectiveness.
3 (4) In determining whether to approve the courses
4 referenced in this section, the department shall consider
5 course content designed to promote safety, driver awareness,
6 crash avoidance techniques, and other factors or criteria to
7 improve driver performance from a safety viewpoint. Courses
8 must be held in a classroom setting where all students are
9 present and under the direct instruction of a certified
10 instructor who uses techniques that provide for interactive
11 participation by the students. A course provider may not use a
12 teaching format that includes home study or distance learning
13 and a course may not consist exclusively of electronic or
14 video presentations. The effectiveness study referenced in
15 subsection (6) may be performed only once every 6 months and
16 the department may not conduct more than two studies for any
17 one course. An effectiveness study may not be conducted for a
18 course later than 3 years after the initial study.
19 (5)(4) In addition to a regular course fee, an
20 assessment fee in the amount of $2.50 shall be collected by
21 the school from each person who enrolls in a
22 department-approved driver improvement course by court order
23 or who elects to attend a course, as it relates to ss.
24 318.14(9), 322.0261, 322.02615, 322.291, and 627.06501, for
25 each person who completes the course, the $2.50 assessment fee
26 which shall be remitted to the Department of Highway Safety
27 and Motor Vehicles and deposited in the Highway Safety
28 Operating Trust Fund to administer this program and to fund
29 the general operations of the department.
30 (6)(5) The Department of Highway Safety and Motor
31 Vehicles shall is directed to perform studies of the driver
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1 improvement courses offered in Florida to determine the
2 effectiveness of such courses on crash and violation rates.
3 The department must report its findings to the Legislature by
4 October 1, 2002, and at least once every 5 years thereafter
5 1997. The department shall conduct the effectiveness studies
6 using generally accepted statistical evaluation procedures and
7 may is authorized to establish control groups using random
8 assignment of licensed drivers to test the effectiveness of
9 the courses., and The department may shall have the authority
10 to suspend the normal penalties provided by chapters 316, 318,
11 and 322 with respect to those persons participating in the
12 studies.
13 (7)(a) The department, courts, law enforcement
14 agencies, public schools, clerks of courts, or political
15 subdivisions of the state shall not market, advertise,
16 maintain, or provide to the public specific information
17 regarding individual driver improvement schools, course
18 providers, or associated entities, except to the extent that
19 the information is a public record as defined in chapter 119
20 and thus shall be made available upon request pursuant to s.
21 119.07(1). The department shall prepare, provide, and maintain
22 a reference guide of basic driver improvement school course
23 providers that have been given full approval by the department
24 (the "traffic school reference guide"). The traffic school
25 reference guide shall only:
26 1. Indicate the statutory benefits provided to those
27 who elect to attend and complete an approved basic driver
28 improvement school;
29 2. List the procedure for enrolling in a basic driver
30 improvement school;
31 3. Provide point system and suspension information;
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1 4. List each qualified course provider's name once,
2 followed by one telephone number together with its
3 corresponding vanity number, if a vanity number is applicable,
4 and one Internet web site address, with those names and
5 corresponding numbers appearing in single column top to bottom
6 format on a rotating basis. For purposes of this section and
7 appearance on the traffic school reference guide, "rotating"
8 means that course provider listings will appear in
9 alphabetical order on the first page of any printing, order,
10 or publishing of the traffic school reference guide,
11 whatsoever, and whichever course provider appears first on the
12 first page, that same course provider listing will be placed
13 in the last position on the subsequent page of that printing,
14 order, or publishing and every other course provider listing
15 shall be advanced one corresponding position. This rotating
16 basis will continue this first to last rotation of course
17 provider listings with each page of every printing to ensure
18 that each course provider listing will appear an equal number
19 of times at each position on the traffic school reference
20 guide; and
21 5. Direct all other inquiries to the telephone
22 directory.
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24 For purposes of this section and appearance on the traffic
25 school reference guide, course providers are only those basic
26 driver improvement course providers that have been fully
27 approved by the department and any school that graduated a
28 cumulative total of at least 85,000 students from their basic
29 driver improvement, traffic collision avoidance, advanced
30 driver improvement, and traffic law and substance abuse
31 education course classes during the calendar year 1998 and
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1 have conducted classes at 100 or more different locations in
2 the state during the calendar year 1998.
3 (b) Information, literature, references, or orders
4 regarding driver improvement schools, course providers, or
5 related associations or entities may not be adopted,
6 distributed, provided, maintained, or issued by the department
7 or any court, clerk of courts, law enforcement agency, public
8 school, or governmental entity unless the reference is only to
9 the telephone directory heading of "Driving Instruction" and
10 "Traffic Schools" or the information or literature is only the
11 traffic school reference guide. When such information is a
12 public record as defined in chapter 119, it shall be made
13 available upon request pursuant to s. 119.07(1). After January
14 1, 2000, the information or literature may only be the traffic
15 school reference guide or a reference to only the telephone
16 directory heading of "Driving Instruction." No person shall
17 mark, annotate, highlight, or otherwise alter the traffic
18 school reference guide prior to distribution to individual
19 citizens. Law enforcement agencies may distribute the traffic
20 school reference guide with every moving violation citation.
21 This section does not prohibit a court from ordering a person
22 to attend driver improvement training.
23 Section 3. Section 322.0261, Florida Statutes, is
24 amended to read:
25 322.0261 Mandatory basic driver improvement course;
26 certain crashes accidents.--
27 (1) The department shall screen crash accident reports
28 received under s. 316.066 or s. 324.051 to identify crashes
29 accidents involving the following:
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1 (a) A crash that involves An accident involving death
2 or a bodily injury requiring transport to a medical facility;
3 or
4 (b) A second crash accident by the same operator
5 within the previous 2-year period involving property damage in
6 an apparent amount of at least $500.
7 (2) With respect to an operator convicted of, or who
8 pleaded nolo contendere to, a traffic offense giving rise to a
9 crash an accident identified pursuant to subsection (1), the
10 department shall require that the operator, in addition to
11 other applicable penalties, attend a departmentally approved
12 basic driver improvement course in order to maintain driving
13 privileges. If the operator fails to complete the course
14 within 90 days after of receiving notice from the department,
15 the operator's driver's license shall be canceled by the
16 department until the course is successfully completed.
17 (3) In determining whether to approve a basic driver
18 improvement course for the purposes of this section, the
19 department shall consider course content designed to promote
20 safety, driver awareness, crash accident avoidance techniques,
21 and other factors or criteria to improve driver performance
22 from a safety viewpoint.
23 Section 4. Section 322.02615, Florida Statutes, is
24 created to read:
25 322.02615 Mandatory driver improvement course, certain
26 violations.--
27 (1) The department shall screen reports of convictions
28 for violations of chapter 316 to identify operators who:
29 (a) Are less than 22 years of age and have been
30 convicted of two or more noncriminal moving infractions.
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1 (b) Have received more than one noncriminal moving
2 infraction in a 12-month period.
3 (2) With respect to an operator convicted of, or who
4 pleaded nolo contendere to, a noncriminal traffic offense
5 identified under subsection (1), the department shall require
6 that the operator, in addition to other applicable penalties,
7 attend a departmentally approved driver improvement course in
8 order to maintain driving privileges. If the operator fails to
9 complete the course within 90 days after receiving notice from
10 the department, the operator's driver's license shall be
11 canceled by the department until the course is successfully
12 completed.
13 (3) Attendance of a course approved by the department
14 as a driver improvement course for purposes of s. 318.14(9)
15 shall satisfy the requirements of this section. However,
16 attendance of a course as required by this section is not
17 included in the limitation on the total number of course
18 elections under s. 318.14(9).
19 Section 5. Section 322.095, Florida Statutes, is
20 amended to read:
21 322.095 Traffic law and substance abuse education
22 program for driver's license applicants.--
23 (1) The Department of Highway Safety and Motor
24 Vehicles must approve traffic law and substance abuse
25 education courses that must be completed by applicants for a
26 Florida driver's license. The curricula for the courses must
27 provide instruction on the physiological and psychological
28 consequences of the abuse of alcohol and other drugs, the
29 societal and economic costs of alcohol and drug abuse, the
30 effects of alcohol and drug abuse on the driver of a motor
31 vehicle, and the laws of this state relating to the operation
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1 of a motor vehicle. Courses must be held in a classroom
2 setting where all students are present and under the direct
3 instruction of a certified instructor who uses techniques that
4 provide for interactive participation by the students. A
5 course provider may not use a teaching format that includes
6 home study or distance learning and a course may not consist
7 exclusively of electronic or video presentations. All
8 instructors teaching the courses shall be certified by the
9 course provider department. Any curriculum that is
10 provisionally or fully approved for use in this state may only
11 use the teaching methodologies or techniques under which the
12 curriculum was originally approved by the department. Any
13 variation of teaching methodology or technique must be
14 approved by the department and must be based, in part, upon
15 statistical evidence that demonstrates effectiveness in
16 reducing crash recidivism or violation recidivism at
17 statistically significant levels. The effectiveness study
18 referenced in subsection (3) may be performed only once every
19 6 months and the department may not conduct more than two
20 studies for any one course. An effectiveness study may not be
21 conducted for a course later then 3 years after the initial
22 study.
23 (2) The department shall ensure that each course
24 provider follows the criteria required for instructors. The
25 provider must certify that an instructor has at least a high
26 school diploma or GED and 2 years of documented teaching
27 experience in an academics field, including safety, criminal
28 justice, behavioral science, or a related subject matter, or 2
29 years of documented formal education beyond high school, or 2
30 years of documented full-time employment experience in safety,
31 criminal justice, behavioral science, or a related field. The
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1 instructor must have a valid driver's license at the time of
2 certification and throughout the certification period, with
3 not more than two moving violations during the prior 3 years
4 or any violation that results in suspension or revocation of
5 the instructor's driver license. A person who has been found
6 guilty of any felony or any offense involving driving under
7 the influence during the prior 10 years may not be certified
8 as an instructor. The provider shall recertify an instructor
9 every 2 years if the instructor remains qualified for
10 certification. In order to maintain qualification for
11 certification, an instructor must complete at least 8 hours of
12 course-specific, inservice education every 2 years and must
13 teach at least two complete courses each year for every course
14 for which the instructor holds certification, however, an
15 instructor who holds a certification by the department
16 pursuant to s. 322.292 to teach DUI courses at the time of
17 recertification and who has taught at least two complete DUI
18 courses each year during the recertification period shall be
19 exempted from the 8-hour course-specific, inservice education
20 requirement solely as it relates to the instructors'
21 recertification as an instructor for the traffic law and
22 substance abuse education courses referred to in s. 322.095
23 for that recertification period. This subsection does not
24 apply to an instructor who is certified before January 1,
25 1999, so long as the instructor's certification is not
26 canceled, does not expire, or is not otherwise interrupted.
27 (3)(2) The department shall conduct studies contract
28 for an independent evaluation of the traffic law and substance
29 abuse education courses, and shall provide documentation to
30 the Legislature by October 1, 2000, and at least once every 5
31 years thereafter measuring course effectiveness. Local DUI
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1 programs authorized under s. 316.193(5) and certified by the
2 department or a driver improvement school may offer a traffic
3 law and substance abuse education course. However, prior to
4 offering the course, the course provider must obtain
5 certification from the department that the course complies
6 with the requirements of this section. The course provider
7 must offer the approved course at locations reasonably
8 accessible to most applicants and must issue a certificate to
9 those persons successfully completing the course.
10 (4)(3) The completion of a course does not qualify a
11 person for the reinstatement of a driver's license which has
12 been suspended or revoked.
13 (5)(4) The fee charged by the course provider must
14 bear a reasonable relationship to the cost of the course. The
15 department must conduct financial audits of course providers
16 conducting the education courses required under this section
17 or require that financial audits of providers be performed, at
18 the expense of the provider, by a certified public accountant.
19 (6)(5) The provisions of this section do not apply to
20 any person who has been licensed in any other jurisdiction or
21 who has satisfactorily completed a Department of Education
22 driver's education course offered pursuant to s. 233.063.
23 (7)(6) Each course provider must collect a $3
24 assessment fee in addition to the enrollment fee charged to
25 participants of the traffic law and substance abuse course
26 required under this section. The $3 assessment fee collected
27 by the course provider must be forwarded to the department
28 within 30 days after receipt of the assessment. These funds
29 shall be deposited into the Highway Safety Operating Trust
30 Fund and used to administer and enforce laws regulating the
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1 traffic law and substance abuse education courses and for the
2 general operations of the department.
3 (8) The department shall adopt rules providing for the
4 issuance of a course completion certificate number to each
5 person who completes an approved traffic law and substance
6 abuse education course, and shall implement a system for
7 tracking the course completion certificate numbers to ensure
8 course completion certificates are not used by more than one
9 person, and to assist in the evaluation of course
10 effectiveness.
11 Section 6. Paragraph (a) of subsection (2) of section
12 322.271, Florida Statutes, 1998 Supplement, is amended to
13 read:
14 322.271 Authority to modify revocation, cancellation,
15 or suspension order.--
16 (2)(a) Upon such hearing, the person whose license has
17 been suspended, canceled, or revoked may show that such
18 suspension, cancellation, or revocation of his or her license
19 causes a serious hardship and precludes the person's carrying
20 out his or her normal business occupation, trade, or
21 employment and that the use of the person's license in the
22 normal course of his or her business is necessary to the
23 proper support of the person or his or her family. Except as
24 otherwise provided in this subsection, the department shall
25 require proof of the successful completion of an approved
26 driver training or substance abuse education course and may
27 require letters of recommendation from respected business
28 persons in the community, law enforcement officers, or
29 judicial officers in determining whether such person should be
30 permitted to operate a motor vehicle on a restricted basis for
31 business or employment use only and in determining whether
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1 such person can be trusted to so operate a motor vehicle. If a
2 driver's license has been suspended under the point system or
3 pursuant to s. 322.2615, the department shall require proof of
4 enrollment in a department-approved advanced an approved
5 driver improvement training course or substance abuse
6 education course, and may require the letters of
7 recommendation described in this subsection to determine if
8 the driver should be reinstated on a restricted basis; if such
9 person fails to complete the approved course within 90 days
10 after reinstatement, the department shall cancel his or her
11 driver's license until the course is successfully completed.
12 The privilege of driving on a limited or restricted basis for
13 business or employment use shall not be granted to a person
14 who has been convicted of a violation of s. 316.193 until
15 completion of such education or training course. Except as
16 provided in paragraph (b), the privilege of driving on a
17 limited or restricted basis for business or employment use
18 shall not be granted to a person whose license is revoked
19 pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and
20 who has been convicted of a violation of s. 316.193 two or
21 more times or whose license has been suspended two or more
22 times for refusal to submit to a test pursuant to s. 322.2615
23 or former s. 322.261.
24 Section 7. Paragraph (a) of subsection (1) and
25 subsection (2) of section 322.291, Florida Statutes, are
26 amended to read:
27 322.291 Driver improvement schools; required in
28 certain suspension and revocation cases.--Except as provided
29 in s. 322.03(2), any person:
30 (1) Whose driving privilege has been revoked:
31 (a) Upon conviction for:
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1 1. Driving, or being in actual physical control of,
2 any vehicle while under the influence of alcoholic beverages,
3 any chemical substance set forth in s. 877.111, or any
4 substance controlled under chapter 893, in violation of s.
5 316.193;
6 2. Driving with an unlawful blood- or breath-alcohol
7 level;
8 3. Manslaughter resulting from the operation of a
9 motor vehicle;
10 4. Failure to stop and render aid as required under
11 the laws of this state in the event of a motor vehicle crash
12 accident resulting in the death or personal injury of another;
13 5. Reckless driving; or
14 (2) Whose license was suspended under the point
15 system, was suspended for driving with an unlawful
16 blood-alcohol level of 0.10 percent or higher before January
17 1, 1994, was suspended for driving with an unlawful
18 blood-alcohol level of 0.08 percent or higher after December
19 31, 1993, or was suspended for refusing to submit to a lawful
20 breath, blood, or urine test as provided in s. 322.2615
21
22 shall, before the driving privilege may be reinstated, present
23 to the department proof of completion of enrollment in a
24 department-approved advanced driver improvement course or
25 substance abuse education course. If the person fails to
26 complete such course within 90 days after reinstatement, the
27 driver's license shall be canceled by the department until
28 such course is successfully completed.
29 Section 8. Subsection (1) of section 627.06501,
30 Florida Statutes, is amended to read:
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1 627.06501 Insurance discounts for certain persons
2 completing driver improvement course.--
3 (1) Any rate, rating schedule, or rating manual for
4 the liability, personal injury protection, and collision
5 coverages of a motor vehicle insurance policy filed with the
6 department may provide for an appropriate reduction in premium
7 charges as to such coverages when the principal operator on
8 the covered vehicle has successfully completed a driver
9 improvement course approved and certified by the Department of
10 Highway Safety and Motor Vehicles which is effective in
11 reducing crash or violation rates, or both, as determined
12 pursuant to s. 318.1451(6)(5). Any discount, not to exceed 10
13 percent, used by an insurer is presumed to be appropriate
14 unless credible data demonstrates otherwise.
15 Section 9. Funds in the amount of $384,956 and eight
16 positions are appropriated from the Highway Safety Operating
17 Trust Fund to provide for monitoring the administration and
18 presentation of driver improvement school courses.
19 Section 10. This act shall take effect October 1,
20 1999.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1656
3
4 The CS revises educational requirements for course
instructors.
5
The CS deletes a requirement that providers seeking course
6 approval after July 1, 1999, would be required to pay an
application fee of $10,000.
7
The CS deletes a requirement that course providers pay a fee
8 of $5,000 for each course effectiveness study conducted by
DHSMV.
9
The CS prohibits public employees and public entities from
10 providing the public specific information regarding individual
driver improvement schools, unless the information is a public
11 record.
12 The CS creates a traffic school reference guide (information
regarding basic driver improvement courses) and provides
13 public employees and public entities may only provide the
guide to the public. Law enforcement officers may provide
14 motorists with the guide when issuing citations for moving
violations. The CS provides for the content of the guide,
15 including who may appear in the guide and the order in which
course providers may appear.
16
The CS deletes a provision requiring that persons involved in
17 crashes involving property damage in excess of $500 must
attend a basic driver improvement course.
18
The CS deletes a provision requiring driver's license
19 applicants who are 16 or 17 must complete a basic driver
improvement course.
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The CS provides an appropriation for DHSMV to monitor the
21 administration and presentation of driver improvement school
courses.
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