Florida Senate - 2009                                     SB 484
       
       
       
       By Senator Gaetz
       
       
       
       
       4-00512-09                                             2009484__
    1                        A bill to be entitled                      
    2         An act relating to operators of motor vehicles
    3         involved in multiple crashes; amending s. 322.0261,
    4         F.S.; requiring that the Department of Highway Safety
    5         and Motor Vehicles screen crash reports to identify a
    6         third crash by the same operator within a specified
    7         period after the driver's first crash; requiring a
    8         driver who is convicted of or who pleads nolo
    9         contendere to a traffic offense giving rise to three
   10         or more crashes within a specified period to attend a
   11         department-approved driver improvement course in order
   12         to maintain his or her driving privileges; describing
   13         the content of the driving course; requiring
   14         successful completion of a behind-the-wheel
   15         examination; requiring that the department cancel an
   16         operator's driver's license if the operator fails to
   17         complete the course within a specified time; providing
   18         an effective date.
   19         
   20  Be It Enacted by the Legislature of the State of Florida:
   21         
   22         Section 1. Section 322.0261, Florida Statutes, is amended
   23  to read:
   24         322.0261 Driver improvement course; requirement to maintain
   25  driving privileges; failure to complete; department approval of
   26  course.—
   27         (1) The department shall screen crash reports received
   28  under s. 316.066 or s. 324.051 to identify crashes involving the
   29  following:
   30         (a) A crash involving death or a bodily injury requiring
   31  transport to a medical facility; or
   32         (b) A second crash by the same operator within the previous
   33  2-year period involving property damage in an apparent amount of
   34  at least $500; or.
   35         (c) A third crash by the same operator within 36 months
   36  after the first crash.
   37         (2) With respect to an operator convicted of, or who
   38  pleaded nolo contendere to, a traffic offense giving rise to a
   39  crash identified in paragraph (1)(a) or paragraph (1)(b)
   40  pursuant to subsection (1), the department shall require that
   41  the operator, in addition to other applicable penalties, attend
   42  a department-approved driver improvement course in order to
   43  maintain driving privileges. If the operator fails to complete
   44  the course within 90 days after of receiving notice from the
   45  department, the operator's driver's license shall be canceled by
   46  the department until the course is successfully completed.
   47         (3) With respect to an operator convicted of, or who
   48  pleaded nolo contendere to, a traffic offense giving rise to a
   49  crash identified in paragraph (1)(c), the department shall
   50  require that the operator, in addition to other applicable
   51  penalties, attend a department-approved driver improvement
   52  course in order to maintain his or her driving privileges. The
   53  course must include behind-the-wheel instruction and an
   54  assessment of the operator’s ability to safely operate a motor
   55  vehicle. Successful completion of a behind-the-wheel examination
   56  is required in order to receive completion credit for the
   57  course. If the operator fails to complete the course within 90
   58  days after receiving notice from the department, the operator's
   59  driver's license shall be canceled by the department until the
   60  course is successfully completed.
   61         (4)(3) The department shall identify any operator convicted
   62  of, or who pleaded nolo contendere to, a second violation of s.
   63  316.074(1) or s. 316.075(1)(c)1., which violation occurred
   64  within 12 months after the first violation, and shall require
   65  that operator, in addition to other applicable penalties, to
   66  attend a department-approved driver improvement course in order
   67  to maintain driving privileges. If the operator fails to
   68  complete the course within 90 days after receiving notice from
   69  the department, the operator's driver license shall be canceled
   70  by the department until the course is successfully completed.
   71         (5)(4) In determining whether to approve a driver
   72  improvement course for the purposes of this section, the
   73  department shall consider course content designed to promote
   74  safety, driver awareness, crash avoidance techniques, and other
   75  factors or criteria to improve driver performance from a safety
   76  viewpoint.
   77         Section 2. This act shall take effect July 1, 2009.