Senate Bill 2108

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    Florida Senate - 1999                                  SB 2108

    By Senator Horne





    6-1177-99

  1                      A bill to be entitled

  2         An act relating to driver improvement schools;

  3         amending s. 318.14, F.S.; increasing the number

  4         of times that a person cited for certain

  5         violations may elect to attend a driver

  6         improvement school in lieu of a court

  7         appearance; amending s. 318.1452, F.S.;

  8         deleting provisions authorizing the chief judge

  9         to establish requirements for the location of

10         driver improvement schools within the circuit;

11         deleting obsolete provisions; providing

12         qualification requirements for a driver

13         improvement school; requiring a school to

14         suspend operations if it fails to qualify;

15         providing certain exceptions; prohibiting a

16         political subdivision of the state from

17         advertising or providing information on

18         individual driver improvement schools;

19         specifying information that may be provided;

20         providing a penalty; requiring that the

21         reference guide to driver improvement schools

22         issued by the Department of Highway Safety and

23         Motor Vehicles be issued with each citation for

24         a moving violation; providing educational

25         requirements for instructors or teachers for a

26         driver improvement school; providing certain

27         limitations on courses offered via the Internet

28         or other electronic medium; amending s.

29         322.0261, F.S.; revising requirements for the

30         department with respect to screening accident

31         reports; providing an effective date.

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    Florida Senate - 1999                                  SB 2108
    6-1177-99




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

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  3         Section 1.  Subsection (9) of section 318.14, Florida

  4  Statutes, is amended to read:

  5         318.14  Noncriminal traffic infractions; exception;

  6  procedures.--

  7         (9)  Any person who is cited for an infraction under

  8  this section other than a violation of s. 320.0605(1), s.

  9  320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.

10  322.62 may, in lieu of a court appearance, elect to attend in

11  the location of his or her choice within this state a basic

12  driver improvement course approved by the Department of

13  Highway Safety and Motor Vehicles. In such a case,

14  adjudication must be withheld; points, as provided by s.

15  322.27, may not be assessed; and the civil penalty that is

16  imposed by s. 318.18(3) must be reduced by 18 percent;

17  however, a person may not make an election under this

18  subsection if the person has made an election under this

19  subsection in the preceding 12 months. A person may make no

20  more than seven five elections under this subsection. The

21  requirement for community service under s. 318.18(8) s.

22  318.18(7) is not waived by a plea of nolo contendere or by the

23  withholding of adjudication of guilt by a court.

24         Section 2.  Subsections (1) and (5) of section

25  318.1452, Florida Statutes, are amended, and subsections (6),

26  (7), and (8) are added to that section, to read:

27         318.1451  Driver improvement schools.--

28         (1)  The Department of Highway Safety and Motor

29  Vehicles shall approve the courses of all driver improvement

30  schools, as the courses relate to ss. 318.14(9), 322.0261,

31  322.095, and 322.291. The chief judge of the applicable

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    Florida Senate - 1999                                  SB 2108
    6-1177-99




  1  judicial circuit may establish requirements regarding the

  2  location of schools within the judicial circuit. A person may

  3  engage in the business of operating a driver improvement

  4  school that offers department-approved courses related to ss.

  5  318.14(9), 322.0261, 322.095, and 322.291.

  6         (5)  The Department of Highway Safety and Motor

  7  Vehicles is directed to perform studies of the driver

  8  improvement courses offered in Florida to determine the

  9  effectiveness of such courses on crash and violation rates.

10  The department must report its findings to the Legislature by

11  October 1, 1997. The department may is authorized to establish

12  control groups of licensed drivers to test the effectiveness

13  of the courses, and the department may shall have the

14  authority to suspend the normal penalties provided by chapters

15  316, 318, and 322 with respect to those persons participating

16  in the studies. The department may not approve a driver

17  improvement course unless the course qualifies under the

18  violation portion and the crash recidivism portion of the

19  department's study of the effectiveness of basic driver

20  improvement courses. If a driver improvement course does not

21  qualify under both portions of the department's study, the

22  course must suspend operations. However, any driver

23  improvement course approved to operate before July 1, 1999,

24  which fails either portion of the study may apply for

25  provisional approval as a new basic driver improvement course

26  under Rule 15A-8.002(11) and Rule 15A-8.006(3)(b), Florida

27  Administrative Code.

28         (6)(a)  A political subdivision of the state may not

29  market, advertise, or provide to the public specific

30  information on individual driver improvement schools, course

31  providers, or associated entities. The Department of Highway

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    Florida Senate - 1999                                  SB 2108
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  1  Safety and Motor Vehicles shall prepare and maintain a basic

  2  reference guide to driver improvement schools. The reference

  3  guide may not provide information other than:

  4         1.  The statutory benefits provided to a person who

  5  elects to attend and complete an approved basic driver

  6  improvement course.

  7         2.  A list of the procedures for enrolling in a driver

  8  improvement course.

  9         3.  A reference to the telephone directory heading of

10  "Driver Instruction."

11         4.  Information on the point system and suspension

12  criteria contained in s. 322.27.

13         (b)  The department's reference guide for driver

14  improvement schools shall be issued with each citation for a

15  moving violation. The reference guide may not refer to or

16  contain any information on any specific driver improvement

17  school, course provider, or related association or entity.

18         (c)  Information or literature on driver improvement

19  schools, course providers, or related associations or entities

20  may not be adopted, distributed, provided, or issued by the

21  department or any court, law enforcement agency, public

22  school, or governmental entity unless the information is the

23  department's reference guide for driver improvement schools or

24  a reference to the telephone directory heading "Driver

25  Instruction." This section does not prohibit a court from

26  ordering that a person attend a driver improvement school. Any

27  person who violates this section commits a misdemeanor of the

28  first degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         (7)  After July 1, 1999, a person may not be approved

31  as an instructor or teacher for any driver improvement course,

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    Florida Senate - 1999                                  SB 2108
    6-1177-99




  1  course provider, school, or associated entity unless the

  2  person has received a bachelor's degree or higher degree from

  3  an accredited institution. However, any person who was

  4  approved as a driver improvement instructor or teacher before

  5  July 1, 1999, may continue to teach until July 1, 2003.

  6         (8)  The department may not approve a driver

  7  improvement course that is offered via the Internet,

  8  videotape, or any other electronic medium unless an approved

  9  instructor is physically present and in attendance with the

10  students throughout the entire duration of the presentation of

11  the course.

12         Section 3.  Subsection (1) of section 322.0261, Florida

13  Statutes, is amended to read:

14         322.0261  Mandatory driver improvement course; certain

15  accidents.--

16         (1)  The department shall screen accident reports

17  received under s. 316.066 or s. 324.051 to identify accidents

18  involving the following:

19         (a)  An accident involving death or a bodily injury

20  requiring transport to a medical facility; or

21         (b)  An A second accident by the same operator within

22  the previous 2-year period involving property damage in an

23  apparent amount of at least $500.

24         Section 4.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 2108
    6-1177-99




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  2                          SENATE SUMMARY

  3    Provides that a person cited for certain traffic
      violations may make seven elections rather than five
  4    elections to attend a driver improvement school in lieu
      of a court appearance. Deletes provisions that authorize
  5    the chief judge of the circuit to establish the location
      of driver improvement schools. Provides requirements for
  6    the Department of Highway Safety and Motor Vehicles in
      approving driver improvement schools. Prohibits political
  7    subdivisions from advertising or providing information on
      individual driver improvement schools. Requires that the
  8    department's reference guide to driver improvement
      schools be issued with each citation for a moving
  9    violation. Requires that an instructor or teacher at a
      driver improvement school have received a bachelor's or
10    higher degree. (See bill for details.)

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