HB 1671 2003
1	A bill to be entitled
2	An act relating to driver training schools; amending s.
3	488.01, F.S.; requiring persons or entities operating
4	driver training schools to obtain authorization to do so,
5	instead of a license; amending s. 488.02, F.S.; revising
6	powers of the Department of Highway Safety and Motor
7	Vehicles with respect to rules and contractual agreements
8	for enforcing provisions relating to driver training
9	schools; amending s. 488.03, F.S.; prescribing fees;
10	providing for biennial renewal of authorization to conduct
11	a school; creating s. 488.031, F.S.; providing for
12	application and approval of changes of ownership of driver
13	training schools; creating s. 488.035, F.S.; prescribing
14	prerequisites for ownership of a driver training school;
15	defining the term "good moral character"; amending s.
16	488.04, F.S.; providing for certification of instructors;
17	prescribing fees; providing certification period; creating
18	s. 488.041, F.S.; providing prerequisites for
19	certification as a driver training school instructor;
20	defining the term "good moral character"; repealing s.
21	488.045, F.S., relating to agents for commercial driving
22	schools; amending s. 488.05, F.S.; providing prerequisites
23	for certification of driver training school vehicles;
24	repealing s. 488.06, F.S., relating to revocation or
25	suspension of licenses and certificates; creating s.
26	488.065, F.S.; providing fees for delinquent renewal of an
27	authorization or certificate; providing consequences of
28	failure to renew; repealing s. 488.07, F.S., relating to
29	penalties for violations; creating s. 488.075, F.S.;
30	providing for form of authorizations and certificates;
31	prohibiting assignment of authorizations and certificates;
32	creating s. 488.085, F.S.; proscribing certain acts by
33	schools and instructors and providing criminal penalties
34	for violations; creating s. 488.09, F.S.; prescribing
35	grounds for discipline by the department; creating s.
36	488.10, F.S.; prohibiting reapplication for a specified
37	period after the department has denied or revoked
38	authority to conduct a school or act as an instructor;
39	providing exceptions; transferring, renumbering, and
40	amending s. 488.08, F.S.; providing for disposition of
41	funds from licenses and applications; creating s. 488.12,
42	F.S.; providing that department regulation of driver
43	training schools and instructors is nonexclusive; creating
44	s. 488.13, F.S.; providing for investigations, audits, and
45	reviews; providing an effective date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1. Section 488.01, Florida Statutes, is amended to
50	read:
51	488.01 AuthorityLicenseto engage in business of
52	operating a driver trainingdriver'sschool required.--The
53	Department of Highway Safety and Motor Vehicles shall authorize
54	and regulateoversee and license all driver trainingcommercial
55	driver'sschools except truck driving schools. All commercial
56	truck driving schools mustshall be required tobe licensed
57	pursuant to chapter 1005, and additionally areshall besubject
58	to the provisions of ss. 488.04 and 488.05. No person, group,
59	organization, institution, business entity, or corporate entity
60	may engage in the business of operating a driver training
61	driver's school without first obtaining authorizationa license
62	thereforfrom the Department of Highway Safety and Motor
63	Vehicles pursuant to this chapter or from the State Board of
64	Nonpublic Career Education pursuant to chapter 1005.
65	Section 2. Section 488.02, Florida Statutes, is amended to
66	read:
67	488.02 Regulatory authorityRules and regulations.--The
68	Department of Highway Safety and Motor Vehicles mayhas
69	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
70	and enter into contractual agreements for authorizations and
71	certifications necessary to administerimplement the provisions
72	ofthis chapter.
73	Section 3. Section 488.03, Florida Statutes, is amended to
74	read:
75	488.03 Driver training schoolLicense; application;
76	expiration; renewal; fees.--
77	(1) An application for authorizationa licenseshall be
78	made in the form prescribed by the Department of Highway Safety
79	and Motor Vehicles. A nonrefundable application fee of $50 must
80	accompany each application for original authorization.Every
81	application for an original license must be accompanied by an
82	application fee of $50, which fee may not be refunded.If the
83	application is approved, a further fee of $300$200must be paid
84	before the authorizationlicense may be grantedissued. The
85	authorizationlicense shall be valid for a period of 2 years1
86	year from the date grantedof issuance and is not transferable.
87	Each application must contain the name of any owner who has any
88	interest in the school.In the event of any change in ownership
89	or interest in the business, an application for a new license,
90	together with all instructors' certificates issued thereunder,
91	must be surrendered to the department before a license will be
92	issued to a new owner of the business. The fee for the biennial
93	annual renewal of the authorizationa license is $200$100.
94	(2) The department may require information and
95	certifications to determine that the applicant is of good moral
96	character and meets other requirements of this chapter.
97	Section 4. Section 488.031, Florida Statutes, is created
98	to read:
99	488.031 Change of ownership.--
100	(1) An authorization granted to any person or entity under
101	this chapter may not be transferred or assigned, and a driver
102	training school may not operate under any name or at any
103	location other than that specified in the application for
104	authorization without the prior written consent of the
105	Department of Highway Safety and Motor Vehicles.
106	(2) A person or entity that seeks to purchase or acquire
107	control of a driver training school authorized under this
108	chapter must first apply to the department for a certificate of
109	approval for the proposed change of ownership. The application
110	must contain the name and address of the proposed new owner and
111	other information required by the department.
112	(3) Any existing stockholders or partners who intend to
113	acquire, from other stockholders or partners, control of an
114	existing driver training school authorized under this chapter
115	must first apply to the department for a certificate of approval
116	for the proposed change of ownership. The application must
117	contain the names and addresses of the stockholders or partners
118	who own any part of the driver training school and are seeking
119	to acquire control and other information required by the
120	department.
121	(4) Before granting a certificate of approval to an
122	applicant that has applied under subsection (2) or subsection
123	(3), the department may conduct an investigation of the
124	applicant and examine the records of the entity as part of the
125	investigation in accordance with applicable law. As a part of
126	its investigation, the department shall determine if there are
127	any complaints pending against the company being purchased or
128	the owner or owner proposed to operate the school. The
129	department shall grant a certificate of approval only after it
130	has determined that the proposed new owner or owners possess the
131	financial ability, experience, and integrity to operate the
132	school under this chapter.
133	(5) Any application submitted to the department under this
134	section shall be deemed approved if the department has not
135	approved the application, or has rejected the application and
136	not provided the applicant with the basis for the rejection,
137	within 90 days after receiving the completed application.
138	Section 5. Section 488.035, Florida Statutes, is created
139	to read:
140	488.035 Driver training school authorization
141	requirements.--
142	(1) Each driver training school owner authorized by the
143	Department of Highway Safety and Motor Vehicles must:
144	(a) If an individual, be at least 21 years of age. If an
145	entity, have all of its stockholders or partners at least 21
146	years of age.
147	(b) If an individual, be of good moral character. If an
148	entity, have all of its stockholders or partners of good moral
149	character.
150	(c) Have the education or managerial or business
151	experience to successfully operate a driver training school.
152	(d) Employ at least one certified instructor.
153	(e) Ensure that any student under age 18 holds a valid
154	driver's license.
155	(2)(a) As used in this section, the term "good moral
156	character" means a personal history of honesty, trustworthiness,
157	fairness, a good reputation for fair dealings, respect for the
158	rights of others, and compliance with state and federal law. The
159	department shall institute a thorough background investigation
160	of the good moral character of each individual owner and of each
161	stockholder or partner of an entity. Such investigation must
162	include:
163	1. The submission of a criminal history report from the
164	Department of Law Enforcement.
165	2. Such other investigation as the department considers
166	necessary.
167	(b) The department may deny an application for
168	authorization or renewal citing lack of good moral character.
169	Conviction of a crime within the last 7 years does not
170	automatically bar any applicant or holder from obtaining or
171	continuing an authorization. The department shall consider the
172	type of crime committed, the crime's relevancy to the driver
173	training school industry, the length of time since the
174	conviction, and any other factors deemed relevant by the
175	department.
176	Section 6. Section 488.04, Florida Statutes, is amended to
177	read:
178	488.04 DriverDriver'straining school instructors;
179	certificates; qualifications.--
180	(1) No person shall receive compensation for giving
181	instructions in the operation of motor vehicles or act in the
182	capacity of a driverprofessional driver'straining school
183	instructor in this state without first obtaining an instructor's
184	certificate issued for such purpose by the Department of Highway
185	Safety and Motor Vehicles. An application for a certificate
186	shall be made in the form prescribed by the department. A
187	nonrefundable application fee of $35 must accompany each
188	application for original certification. The certificate shall be
189	granted to every approved instructor for the remainder of the
190	corresponding driver training school's authorization period.The
191	fee for the initial application is $25, which is not refundable.
192	The fee for the biennialannual renewal of a certificate is $20
193	$10. A certificate is valid for use only in connection with the
194	business of the driver's school or schools listed on the
195	certificate by the department or in connection with a driver's
196	education course offered by a district school board. The
197	department may require information and certifications to
198	determine that the applicant is of good moral character and
199	meets other requirements of this chapter.An applicant for an
200	instructor's certificate shall be required to take special eye
201	tests, written tests, and road tests and to furnish proof of his
202	or her qualifications and ability as an instructor.
203	(2) The Department of Highway Safety and Motor Vehicles
204	may issue a duplicate certificate only upon receipt of an
205	affidavit stating that the original certificate was physically
206	destroyed, but may not issue a duplicate certificate for any
207	other loss of the original certificate. The fee for issuance of
208	a duplicate certificate is $2.
209	Section 7. Section 488.041, Florida Statutes, is created
210	to read:
211	488.041 Driver training school instructor certification
212	requirements.--
213	(1) Each driver training school instructor certified by
214	the Department of Highway Safety and Motor Vehicles must:
215	(a) Be at least 21 years of age.
216	(b) Be of good moral character.
217	(c) Complete instructor training as prescribed by the
218	department.
219	(2)(a) As used in this section, the term "good moral
220	character" means a personal history of honesty, trustworthiness,
221	fairness, a good reputation for fair dealings, respect for the
222	rights of others, and compliance with state and federal law. The
223	department shall institute a thorough background investigation
224	of the individual's good moral character. Such investigation
225	must include:
226	1. The submission of a criminal history report from the
227	Department of Law Enforcement.
228	2. Such other investigation of the individual as the
229	department considers necessary.
230	(b) The department may deny an application for
231	certification or renewal citing lack of good moral character.
232	Conviction of a crime within the last 7 years does not
233	automatically bar any applicant or holder from obtaining or
234	continuing a certification. The department shall consider the
235	type of crime committed, the crime's relevancy to the driver
236	training school industry, the length of time since the
237	conviction, and any other factors deemed relevant by the
238	department.
239	Section 8. Section 488.045, Florida Statutes, is repealed.
240	Section 9. Section 488.05, Florida Statutes, is amended to
241	read:
242	488.05 Driver trainingDriver'sschool vehicle
243	identification certificates.--A motor vehicle owned or
244	controlled by a driver trainingdriver'sschool may not be used
245	for the purpose of giving driving instructions until the driver
246	training schoollicenseehas obtained a school vehicle
247	identification certificate from the Department of Highway Safety
248	and Motor Vehicles, which certificate shall be carried in such
249	vehicle at all times. A nonrefundable application fee of $25
250	must accompany each application for original certification. The
251	certificate shall be granted to all approved vehicles for the
252	remainder of the corresponding driver training school's
253	authorization period.An application for an initial certificate
254	shall be accompanied by a fee of $15, which is not refundable.
255	The fee for the biennialannual renewal of a certificate is $20
256	$10. A school vehicle certificate will not be issued byThe
257	department may not issue a school vehicle certificateunless the
258	vehicle is equipped in accordance with safety requirements
259	established by the department, which include dual driver
260	controls located on the passenger side of the vehicle and
261	permanent markings on the exterior of the vehicle which state
262	the name of the driver training school.
263	Section 10. Section 488.06, Florida Statutes, is repealed.
264	Section 11. Section 488.065, Florida Statutes, is created
265	to read:
266	488.065 Delinquent renewal.--Failure to renew any
267	authorization or certificate under s. 488.03, s. 488.04, or s.
268	488.05 results in the renewal becoming delinquent. The holder
269	has 30 days after the renewal date in which to renew and pay a
270	late fee set by the Department of Highway Safety and Motor
271	Vehicles not to exceed $300. If payment is not received within
272	this 30-day period, the authorization or certification
273	automatically expires without further action of the department,
274	and the holder is ineligible to reapply for authorization or
275	certification for a period of 1 year following its expiration.
276	Section 12. Section 488.07, Florida Statutes, is repealed.
277	Section 13. Section 488.075, Florida Statutes, is created
278	to read:
279	488.075 Authorization and certification.--
280	(1) All authorizations and certifications issued under
281	this chapter shall be in a form prescribed by the Department of
282	Highway Safety and Motor Vehicles.
283	(2) An authorization or certification is not valid for any
284	person or entity that engages in the business of a driver
285	training school under any name other than that specified in the
286	authorization or certification. Authorizations and
287	certifications issued under this chapter are not assignable, and
288	business may not be conducted under a fictitious name without
289	prior written authorization of the department. The department
290	may not authorize the use of a name that is so similar to that
291	of a public officer or agency, or to that used by another driver
292	training school, that the public may be confused or misled
293	thereby. A driver training school may not conduct business under
294	more than one name unless it has obtained a separate
295	authorization.
296	Section 14. Section 488.085, Florida Statutes, is created
297	to read:
298	488.085 Prohibitions; penalties.--
299	(1) A person may not:
300	(a) Practice or offer to practice as a driver training
301	school or driver training school instructor unless such person
302	or entity is authorized or certified under this chapter.
303	(b) Practice or offer to practice as a driver training
304	school unless all of its instructors are certified under this
305	chapter.
306	(c) Use the name or title "driver training school,"
307	"commercial driver school," "commercial driving school," or
308	words that would tend to lead one to believe that such person or
309	entity is authorized under this chapter, when such person or
310	entity has not been so authorized.
311	(d) Present as his or her own or his or her entity's own
312	the authorization or certification of another.
313	(e) Knowingly give false or forged evidence to the
314	department.
315	(f) Use or attempt to use an authorization or
316	certification that has been suspended or revoked.
317	(g) Solicit business within 300 feet, including the
318	parking lot, of a driver license office.
319	(2) A violation of this section constitutes a misdemeanor
320	of the first degree, punishable as provided in s. 775.082 or s.
321	775.083.
322	Section 15. Section 488.09, Florida Statutes, is created
323	to read:
324	488.09 Discipline.--
325	(1) The following constitute grounds for which
326	disciplinary action against the authorization of a driver
327	training school or the certification of an instructor may be
328	taken by the Department of Highway Safety and Motor Vehicles:
329	(a) Being convicted or found guilty of, or entering a plea
330	of nolo contendere to, regardless of adjudication, bribery,
331	fraud, or willful misrepresentation in obtaining, attempting to
332	obtain, or renewing an authorization or certification.
333	(b) Being convicted or found guilty of, or entering a plea
334	of nolo contendere to, regardless of adjudication, a crime in
335	any jurisdiction which relates to the operation of a driver
336	training school or the ability to engage in business as a driver
337	training school.
338	(c) Being convicted or found guilty of, or entering a plea
339	of nolo contendere to, regardless of adjudication, fraud,
340	deceit, or misconduct in the operation of a driver training
341	school.
342	(d) Conducting business without an active authorization or
343	contract.
344	(e) Transferring or attempting to transfer an
345	authorization or a certification issued under this chapter.
346	(f) Violating any provision of this chapter or any lawful
347	order or rule issued under this chapter.
348	(g) Having been confined in any county jail,
349	postadjudication; being confined in any state or federal prison
350	or mental institution; or being unable, through mental disease
351	or deterioration, to be safely entrusted to deal with the public
352	or in a confidential capacity.
353	(h) Failing to inform the department in writing within 30
354	days after being convicted or found guilty of, or entering a
355	plea of nolo contendere to, any fellow, regardless of
356	adjudication.
357	(i) Failing to conform to any lawful order of the
358	department.
359	(j) Being determined liable for civil fraud by a court in
360	any adjudication.
361	(k) Having adverse material final action taken by any
362	state or federal regulatory agency for violations with the scope
363	of control of the driver training school.
364	(l) Failing to inform the department in writing within 30
365	days after any adverse material final action by a state or
366	federal regulatory agency.
367	(m) Failing to meet or maintain the requirements for
368	authorization as a driver training school or instructor.
369	(n) Engaging as an instructor any person who is not
370	certified as an instructor by the department.
371	(o) Attempting to obtain, obtaining, or renewing an
372	authorization or certification to provide driver training school
373	services by bribery, misrepresentation, or fraud.
374	(p) Soliciting business within 300 feet, including the
375	parking lot, of a driver license office.
376	(2) When the department finds any violation of subsection
377	(1), it may do one or more of the following:
378	(a) Deny an application for authorization or
379	certification.
380	(b) Permanently revoke, suspend, restrict, or not renew an
381	authorization or certification.
382	(c) Impose an administrative fine not to exceed $5,000 for
383	each count or separate offense.
384	(d) Issue a reprimand.
385	(e) Place the driver training school authorization on
386	probation for such period of time and subject to such conditions
387	as the department specifies.
388	(f) Assess costs associated with investigation and
389	prosecution.
390	(3) Upon revocation or suspension of an authorization or
391	certification, the authorization or certification must
392	immediately be returned to the department.
393	(4) The department shall specify by rule or contractual
394	agreement the penalties for any violation of this chapter.
395	Section 16. Section 488.10, Florida Statutes, is created
396	to read:
397	488.10 Eligibility for reapplication.--An applicant is
398	ineligible to reapply for authorization or certification for 3
399	years following final agency action on the denial or revocation
400	of authority applied for or granted under this chapter. This
401	time restriction does not apply to administrative denials or
402	revocations entered because:
403	(1) The applicant has made an inadvertent error or
404	omission on the application;
405	(2) The experience documented to the Department of Highway
406	Safety and Motor Vehicles was insufficient at the time of the
407	previous application;
408	(3) The department is unable to complete the criminal
409	background investigation because of insufficient information
410	from the Department of Law Enforcement, the Federal Bureau of
411	Investigation, or any other applicable law enforcement agency;
412	(4) The applicant has failed to submit required fees; or
413	(5) An applicant has been deemed ineligible for
414	authorization or certification because of the lack of good moral
415	character of an individual or individuals when such individual
416	or individuals are no longer employed in a capacity that would
417	require authority under this chapter.
418	Section 17. Section 488.08, Florida Statutes, is
419	transferred, renumbered as section 488.11, Florida Statutes, and
420	amended to read:
421	488.11488.08Disposition of revenues; budget.--All moneys
422	received from the application for, or from the issuance of,
423	licenses and certificates under this chapter shall be deposited
424	into the Highway Safety Operating Trust Fund for the
425	administration of this program.General Revenue Fund. The
426	Department of Highway Safety and Motor Vehicles shall include an
427	amount in its legislative budget request sufficient for the
428	proper administration of the provisions of this chapter.
429	Section 18. Section 488.12, Florida Statutes, is created
430	to read:
431	488.12 Additional regulation.--This chapter does not
432	exempt a driver training school from any other license
433	requirement imposed by federal, state, or local law or
434	ordinance.
435	Section 19. Section 488.13, Florida Statutes, is created
436	to read:
437	488.13 Investigations; audits; review.--The Department of
438	Highway Safety and Motor Vehicles may make investigations,
439	audits, or reviews within or outside this state as it deems
440	necessary:
441	(1) To determine whether a person or entity has violated
442	or is in danger of violating this chapter or any rule, order, or
443	contractual agreement under this chapter;
444	(2) To aid in the enforcement of this chapter.
445	Section 20. This act shall take effect July 1, 2003.