House Bill 2245

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    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

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  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.

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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