House Bill 2245
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
By Representative Tullis
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 a person cited for certain traffic
5 infractions may elect to attend a driver
6 improvement course in lieu of making a court
7 appearance; amending s. 318.1451, F.S.;
8 requiring that the Department of Highway Safety
9 and Motor Vehicles monitor administration and
10 course presentations by driver improvement
11 schools; requiring the use of
12 department-approved teaching methodologies;
13 requiring that instructors be certified by the
14 provider; providing requirements for
15 certification; providing exceptions for
16 instructors certified before a specified date;
17 providing requirements for conducting driver
18 improvement courses; requiring that course
19 providers pay application fees and fees for
20 certain studies conducted by the department;
21 providing a fee for persons who enroll in a
22 driver improvement course by department order;
23 requiring that the department conduct certain
24 studies to test the effectiveness of courses;
25 requiring the department to adopt rules;
26 amending s. 322.0261, F.S.; revising
27 requirements for attending driver improvement
28 courses for persons convicted of, or who plead
29 nolo contendere to, certain traffic offenses;
30 creating s. 322.02615, F.S.; requiring that
31 certain persons who are convicted of, or who
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 plead nolo contendere to, certain noncriminal
2 traffic offenses attend a mandatory driver
3 improvement course; requiring the department to
4 cancel the driver's license of any person who
5 fails to complete the course as required;
6 amending s. 322.095, F.S.; providing additional
7 requirements for traffic law and substance
8 abuse education courses; requiring the use of
9 department-approved teaching methodologies;
10 requiring that course providers pay application
11 fees and fees for certain studies conducted by
12 the department; requiring that the department
13 conduct studies of traffic law and substance
14 abuse education courses; deleting a requirement
15 that the department conduct financial audits of
16 course providers; providing requirements for
17 the use of proceeds from certain fees collected
18 from course participants; providing for a
19 numbering system to track course completion
20 certificates; providing for rules; amending s.
21 322.271, F.S.; providing that enrollment in a
22 department-approved advanced driver improvement
23 course may qualify a person for license
24 reinstatement under certain circumstances;
25 amending s. 322.291, F.S.; requiring that proof
26 of completion of a driver improvement course be
27 presented to the department prior to license
28 reinstatement; deleting a requirement that a
29 person's license be canceled for failing to
30 complete such a course after reinstatement
31 within a specified period; amending s.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 627.06501, F.S.; conforming a cross reference
2 to changes made by the act; providing an
3 effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Subsection (9) of section 318.14, Florida
8 Statutes, is amended to read:
9 318.14 Noncriminal traffic infractions; exception;
10 procedures.--
11 (9) Any person who is cited for an infraction under
12 this section other than a violation of s. 320.0605(1), s.
13 320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.
14 322.62 may, in lieu of a court appearance, elect to attend in
15 the location of his or her choice within this state a basic
16 driver improvement course approved by the Department of
17 Highway Safety and Motor Vehicles. In such a case,
18 adjudication must be withheld; points, as provided by s.
19 322.27, may not be assessed; and the civil penalty that is
20 imposed by s. 318.18(3) must be reduced by 18 percent;
21 however, a person may not make an election under this
22 subsection if the person has made an election under this
23 subsection in the preceding 12 months. A person may make no
24 more than eight five elections under this subsection. The
25 requirement for community service under s. 318.18(8) s.
26 318.18(7) is not waived by a plea of nolo contendere or by the
27 withholding of adjudication of guilt by a court.
28 Section 2. Section 318.1451, Florida Statutes, is
29 amended to read:
30 318.1451 Driver improvement schools.--
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 (1) The Department of Highway Safety and Motor
2 Vehicles shall approve the courses of all driver improvement
3 schools and monitor the administration and presentation by the
4 driver improvement schools, as the courses relate to ss.
5 318.14(9), 322.0261, 322.02615, 322.095, and 322.291. The
6 chief judge of the applicable judicial circuit may establish
7 requirements regarding the location of schools within the
8 judicial circuit. A person may engage in the business of
9 operating a driver improvement school that offers
10 department-approved courses related to ss. 318.14(9),
11 322.0261, 322.095, and 322.291. Any curriculum that is
12 provisionally or fully approved for use in this state may only
13 use the teaching methodologies and techniques under which the
14 curriculum was originally approved by the department. Any
15 variation of teaching methodology or technique must be
16 approved by the department and must be based, in part, upon
17 statistical evidence that demonstrates effectiveness in
18 reducing crash recidivism or violation recidivism at
19 statistically significant levels.
20 (2) The department shall ensure that each provider
21 follows the criteria required for instructors. The provider
22 must certify that an instructor has at least a high school
23 diploma or GED, and 2 years of documented teaching experience
24 in an academic field, including safety, criminal justice,
25 behavioral science, or a related subject matter; or 2 years of
26 documented formal education beyond high school; or 2 years of
27 documented full-time employment experience in safety, criminal
28 justice, behavioral science, or a related field. The
29 instructor must have a valid driver's license at the time of
30 certification and throughout the certification period, with
31 not more than two moving violations during the prior 3 years
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 or any violation that results in suspension or revocation of
2 the instructor's driver license. A person who has been found
3 guilty of any felony or any offense involving driving under
4 the influence during the prior 10 years may not be certified
5 as an instructor. The provider shall recertify an instructor
6 every 2 years if the instructor remains qualified for
7 certification. In order to maintain qualification for
8 certification, an instructor must attend at least 8 hours of
9 course-specific, inservice education every 2 years and must
10 teach at least two complete courses each year for every course
11 for which the instructor holds certification; however, an
12 instructor who holds a certification by the department
13 pursuant to s. 322.292 to teach DUI courses at the time of
14 recertification and who has taught at least two complete DUI
15 courses each year during the recertification period shall be
16 exempted from the 8-hour course-specific, inservice education
17 requirement solely as it relates to the instructors'
18 recertification as an instructor for the traffic law and
19 substance abuse education courses referred to in s. 322.095
20 for that recertification period. This subsection does not
21 apply to an instructor who is certified before January 1,
22 1999, so long as the instructor's certification is not
23 canceled, does not expire, or is not otherwise interrupted.
24 (3) A provider of driver improvement courses and any
25 organization that conducts such courses is subject to all
26 applicable local, state, and federal laws, including 42 U.S.C.
27 ss. 12101 et seq.
28 (4)(2) In determining whether to approve the courses
29 referenced in this section, the department shall consider
30 course content designed to promote safety, driver awareness,
31 collision accident avoidance techniques, and other factors or
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 criteria to improve driver performance from a safety
2 viewpoint. Courses must be held in a classroom setting where
3 all students are present and under the direct instruction of a
4 certified instructor who uses techniques that provide for
5 interactive participation by the students. A course provider
6 may not use a teaching format that includes home study or
7 distance learning and a course may not consist exclusively of
8 electronic or video presentations. Each course provider
9 seeking course approval from the department on or after July
10 1, 1999, shall pay an application fee of $10,000 to cover the
11 department's administrative cost of processing the
12 application. The application fee is nonrefundable. Each course
13 provider shall pay the department a nonrefundable fee of
14 $5,000 in connection with the initial effectiveness study
15 under subsection (7). If the course curriculum fails the
16 effectiveness study, the fee must be paid for any subsequent
17 study until the course curriculum has passed the effectiveness
18 study. However, a study may be performed only once every 6
19 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 than 3 years after the initial
22 study.
23 (5)(3) The Department of Highway Safety and Motor
24 Vehicles shall suspend accepting proof of attendance of
25 courses from persons who attend those schools that do not
26 teach an approved course. In those circumstances, a person
27 who has elected to take courses from such a school shall
28 receive a refund from the school, and the person shall have
29 the opportunity to take the course at another school.
30 (6)(4) In addition to a regular course fee, an
31 assessment fee in the amount of $2.50 shall be collected by
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 the school from each person who enrolls in a
2 department-approved driver improvement course by department
3 order or who elects to attend a course, as it relates to ss.
4 318.14(9), 322.0261, 322.02615, 322.291, and 627.06501. For
5 each person who completes the course, the $2.50 assessment
6 fee, which shall be remitted to the Department of Highway
7 Safety and Motor Vehicles and deposited in the Highway Safety
8 Operating Trust Fund to administer this program and to fund
9 the general operations of the department.
10 (7)(5) The Department of Highway Safety and Motor
11 Vehicles shall is directed to perform studies of the driver
12 improvement courses offered in Florida to determine the
13 effectiveness of such courses on crash and violation rates.
14 The department must report its findings to the Legislature by
15 October 1, 2002, and at least once every 5 years thereafter
16 1997. The department shall conduct the effectiveness studies
17 using generally accepted statistical evaluation procedures and
18 may is authorized to establish control groups using random
19 assignment of licensed drivers to test the effectiveness of
20 the courses., and The department may shall have the authority
21 to suspend the normal penalties provided by chapters 316, 318,
22 and 322 with respect to those persons participating in the
23 studies.
24 (8) The Department of Highway Safety and Motor
25 Vehicles shall adopt and enforce rules to administer this
26 section, including procedures for resolving consumer
27 complaints. In addition, the department may bring appropriate
28 action to enjoin unlawful activities. The department shall
29 adopt rules providing for the issuance of a course completion
30 certificate number to each person who completes an approved
31 driver improvement course, and shall implement a system for
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 tracking the course completion certificate numbers to ensure
2 course completion certificates are not used by more than one
3 person and to assist in the evaluation of course
4 effectiveness.
5 Section 3. Section 322.0261, Florida Statutes, is
6 amended to read:
7 322.0261 Mandatory basic driver improvement course;
8 certain collisions accidents.--
9 (1) The department shall screen crash accident reports
10 received under s. 316.066 or s. 324.051 to identify collisions
11 accidents involving the following:
12 (a) A collision that involves An accident involving
13 death or a bodily injury requiring transport to a medical
14 facility; or
15 (b) A second collision accident by the same operator
16 within the previous 2-year period involving property damage in
17 an apparent amount of at least $500.
18 (2) With respect to an operator convicted of, or who
19 pleaded nolo contendere to, a traffic offense giving rise to a
20 collision an accident identified pursuant to subsection (1),
21 the department shall require that the operator, in addition to
22 other applicable penalties, attend a departmentally approved
23 basic driver improvement course in order to maintain driving
24 privileges. If the operator fails to complete the course
25 within 90 days after of receiving notice from the department,
26 the operator's driver's license shall be canceled by the
27 department until the course is successfully completed.
28 (3) In determining whether to approve a basic driver
29 improvement course for the purposes of this section, the
30 department shall consider course content designed to promote
31 safety, driver awareness, collision-avoidance accident
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 avoidance techniques, and other factors or criteria to improve
2 driver performance from a safety viewpoint.
3 Section 4. Section 322.02615, Florida Statutes, is
4 created to read:
5 322.02615 Mandatory driver improvement course; certain
6 violations.--
7 (1) The department shall screen reports of convictions
8 for violations of chapter 316 to identify operators who:
9 (a) Are less than 22 years of age and have been
10 convicted of, or pleaded nolo contendere to, two or more
11 noncriminal moving infractions.
12 (b) Have been convicted of, or pleaded nolo contendere
13 to, more than one noncriminal moving infraction committed in a
14 12-month period.
15 (2) With respect to an operator identified under
16 subsection (1), the department shall require that the
17 operator, in addition to other applicable penalties, attend a
18 department-approved driver improvement course in order to
19 maintain driving privileges. If the operator fails to complete
20 the course within 90 days after receiving notice from the
21 department, the operator's driver license shall be canceled by
22 the department until the course is successfully completed.
23 (3) Attendance of a course approved by the department
24 as a driver improvement course for purposes of s. 318.14(9)
25 shall satisfy the requirements of this section. However,
26 attendance of a course as required by this section is not
27 included in the limitation on the total number of course
28 elections under s. 318.14(9).
29 Section 5. Section 322.095, Florida Statutes, is
30 amended to read:
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 322.095 Traffic law and substance abuse education
2 program for driver's license applicants.--
3 (1) The Department of Highway Safety and Motor
4 Vehicles must approve traffic law and substance abuse
5 education courses that must be completed by applicants for a
6 Florida driver's license. The curricula for the courses must
7 provide instruction on the physiological and psychological
8 consequences of the abuse of alcohol and other drugs, the
9 societal and economic costs of alcohol and drug abuse, the
10 effects of alcohol and drug abuse on the driver of a motor
11 vehicle, and the laws of this state relating to the operation
12 of a motor vehicle. Courses must be held in a classroom
13 setting where all students are present and under the direct
14 instruction of a certified instructor who uses techniques that
15 provide for interactive participation by the students. A
16 course provider may not use a teaching format that includes
17 home study or distance learning and a course may not consist
18 exclusively of electronic or video presentations. All
19 instructors teaching the courses shall be certified by the
20 course provider department. Any curriculum that is
21 provisionally or fully approved for use in this state may only
22 use the teaching methodologies and techniques under which the
23 curriculum was originally approved by the department. Any
24 variation of teaching methodology or technique must be
25 approved by the department and must be based, in part, upon
26 statistical evidence that demonstrates effectiveness in
27 reducing crash recidivism or violation recidivism at
28 statistically significant levels. Each course provider seeking
29 course approval from the department on or after July 1, 1999,
30 shall pay an application fee of $10,000 to cover the
31 department's administrative cost of processing the
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 application. The application fee is nonrefundable. Each course
2 provider shall pay the department a nonrefundable fee of
3 $5,000 in connection with the initial effectiveness study
4 under s. 318.1451(7). If the course curriculum fails the
5 effectiveness study, the fee must be paid for any subsequent
6 study until the course curriculum has passed the effectiveness
7 study. However, a study may be performed only once every 6
8 months and the department may not conduct more than two
9 studies for any one course. An effectiveness study may not be
10 conducted for a course later than 3 years after the initial
11 study.
12 (2) The department shall conduct studies contract for
13 an independent evaluation of the traffic law and substance
14 abuse education courses, and shall provide documentation to
15 the Legislature by October 1, 2000, and at least once every 5
16 years thereafter, measuring course effectiveness. Local DUI
17 programs authorized under s. 316.193(5) and certified by the
18 department or a driver improvement school may offer a traffic
19 law and substance abuse education course. However, prior to
20 offering the course, the course provider must obtain
21 certification from the department that the course complies
22 with the requirements of this section. The course provider
23 must offer the approved course at locations reasonably
24 accessible to most applicants and must issue a certificate to
25 those persons successfully completing the course.
26 (3) The completion of a course does not qualify a
27 person for the reinstatement of a driver's license which has
28 been suspended or revoked.
29 (4) The fee charged by the course provider must bear a
30 reasonable relationship to the cost of the course. The
31 department must conduct financial audits of course providers
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 conducting the education courses required under this section
2 or require that financial audits of providers be performed, at
3 the expense of the provider, by a certified public accountant.
4 (5) The provisions of this section do not apply to any
5 person who has been licensed in any other jurisdiction or who
6 has satisfactorily completed a Department of Education
7 driver's education course offered pursuant to s. 233.063.
8 (6) Each course provider must collect a $3 assessment
9 fee in addition to the enrollment fee charged to participants
10 of the traffic law and substance abuse course required under
11 this section. The $3 assessment fee collected by the course
12 provider must be forwarded to the department within 30 days
13 after receipt of the assessment. These funds shall be
14 deposited into the operating trust fund of the department and
15 used to administer and enforce laws regulating the traffic law
16 and substance abuse education courses and for the general
17 operations of the department. The department shall adopt rules
18 providing for the issuance of a course completion certificate
19 number to each person who completes an approved traffic law
20 and substance abuse education course, and shall implement a
21 system for tracking the course completion certificate numbers
22 to ensure course completion certificates are not used by more
23 than one person and to assist in the evaluation of course
24 effectiveness.
25 Section 6. Paragraph (a) of subsection (2) of section
26 322.271, Florida Statutes, 1998 Supplement, is amended to
27 read:
28 322.271 Authority to modify revocation, cancellation,
29 or suspension order.--
30 (2)(a) Upon such hearing, the person whose license has
31 been suspended, canceled, or revoked may show that such
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 suspension, cancellation, or revocation of his or her license
2 causes a serious hardship and precludes the person's carrying
3 out his or her normal business occupation, trade, or
4 employment and that the use of the person's license in the
5 normal course of his or her business is necessary to the
6 proper support of the person or his or her family. Except as
7 otherwise provided in this subsection, the department shall
8 require proof of the successful completion of an approved
9 driver training or substance abuse education course and may
10 require letters of recommendation from respected
11 businesspersons in the community, law enforcement officers, or
12 judicial officers in determining whether such person should be
13 permitted to operate a motor vehicle on a restricted basis for
14 business or employment use only and in determining whether
15 such person can be trusted to so operate a motor vehicle. If a
16 driver's license has been suspended under the point system or
17 pursuant to s. 322.2615, the department shall require proof of
18 enrollment in a department-approved advanced an approved
19 driver improvement training course or substance abuse
20 education course, and may require the letters of
21 recommendation described in this subsection to determine if
22 the driver should be reinstated on a restricted basis; if such
23 person fails to complete the approved course within 90 days
24 after reinstatement, the department shall cancel his or her
25 driver's license until the course is successfully completed.
26 The privilege of driving on a limited or restricted basis for
27 business or employment use shall not be granted to a person
28 who has been convicted of a violation of s. 316.193 until
29 completion of such education or training course. Except as
30 provided in paragraph (b), the privilege of driving on a
31 limited or restricted basis for business or employment use
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 shall not be granted to a person whose license is revoked
2 pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and
3 who has been convicted of a violation of s. 316.193 two or
4 more times or whose license has been suspended two or more
5 times for refusal to submit to a test pursuant to s. 322.2615
6 or former s. 322.261.
7 Section 7. Section 322.291, Florida Statutes, is
8 amended to read:
9 322.291 Driver improvement schools; required in
10 certain suspension and revocation cases.--Except as provided
11 in s. 322.03(2), any person:
12 (1) Whose driving privilege has been revoked:
13 (a) Upon conviction for:
14 1. Driving, or being in actual physical control of,
15 any vehicle while under the influence of alcoholic beverages,
16 any chemical substance set forth in s. 877.111, or any
17 substance controlled under chapter 893, in violation of s.
18 316.193;
19 2. Driving with an unlawful blood-alcohol blood- or
20 breath-alcohol level;
21 3. Manslaughter resulting from the operation of a
22 motor vehicle;
23 4. Failure to stop and render aid as required under
24 the laws of this state in the event of a motor vehicle
25 collision accident resulting in the death or personal injury
26 of another;
27 5. Reckless driving; or
28 (b) As an habitual offender;
29 (c) Upon direction of the court, if the court feels
30 that the seriousness of the offense and the circumstances
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 surrounding the conviction warrant the revocation of the
2 licensee's driving privilege; or
3 (2) Whose license was suspended under the point
4 system, was suspended for driving with an unlawful
5 blood-alcohol level of 0.10 percent or higher before January
6 1, 1994, was suspended for driving with an unlawful
7 blood-alcohol level of 0.08 percent or higher after December
8 31, 1993, or was suspended for refusing to submit to a lawful
9 breath, blood, or urine test as provided in s. 322.2615
10
11 shall, before the driving privilege may be reinstated, present
12 to the department proof of completion of enrollment in a
13 department-approved advanced driver improvement course or
14 substance abuse education course. If the person fails to
15 complete such course within 90 days after reinstatement, the
16 driver's license shall be canceled by the department until
17 such course is successfully completed.
18 Section 8. Subsection (1) of section 627.06501,
19 Florida Statutes, is amended to read:
20 627.06501 Insurance discounts for certain persons
21 completing driver improvement course.--
22 (1) Any rate, rating schedule, or rating manual for
23 the liability, personal injury protection, and collision
24 coverages of a motor vehicle insurance policy filed with the
25 department may provide for an appropriate reduction in premium
26 charges as to such coverages when the principal operator on
27 the covered vehicle has successfully completed a driver
28 improvement course approved and certified by the Department of
29 Highway Safety and Motor Vehicles which is effective in
30 reducing crash or violation rates, or both, as determined
31 pursuant to s. 318.1451(7) s. 318.1451(5). Any discount, not
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 2245
733-103A-99
1 to exceed 10 percent, used by an insurer is presumed to be
2 appropriate unless credible data demonstrates otherwise.
3 Section 9. This act shall take effect July 1, 1999.
4
5 *****************************************
6 HOUSE SUMMARY
7
Revises various laws governing driver improvement
8 schools. Increases from five to eight the number of times
a person cited for certain traffic infractions may elect
9 to attend a driver improvement course in lieu of making a
court appearance. Requires that courses be approved by
10 the Department of Highway Safety and Motor Vehicles.
Requires the provider of a driver improvement school to
11 certify the course instructors. Imposes an application
fee of $10,000 for a provider seeking course approval
12 from the department for a driver improvement course or
traffic law and substance abuse education program.
13 Provides a fee of $5,000 for certain studies of courses
conducted by the department. Provides a fee of $2.50 for
14 persons who enroll in a driver improvement course by
department order. Requires that certain persons who are
15 convicted of, or who plead nolo contendere to, certain
noncriminal traffic offenses attend a mandatory driver
16 improvement course. Provides for cancellation of the
driver's license of any person who fails to complete the
17 course. Deletes a requirement that the department conduct
financial audits of course providers. Provides that a
18 person who enrolls in a department-approved advanced
driver improvement course may qualify for license
19 reinstatement. (See bill for details.)
20
21
22
23
24
25
26
27
28
29
30
31
16