Senate Bill sb0686c1
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Florida Senate - 2005 CS for SB 686
By the Committee on Transportation
596-1989-05
1 A bill to be entitled
2 An act relating to the disposition of traffic
3 infractions; amending s. 318.14, F.S.;
4 providing that a person who is cited for a
5 noncriminal traffic infraction may elect to
6 attend, under certain circumstances, an
7 intermediate driver improvement course approved
8 by the Department of Highway Safety and Motor
9 Vehicles; providing requirements for such
10 election; amending s. 322.025, F.S.; requiring
11 that the department deduct points from a
12 person's driving record for certain traffic
13 violations in another state or under federal
14 law; providing that such person may elect to
15 attend a driver improvement course; providing
16 certain limitations; amending s. 318.1451,
17 F.S., relating to driver improvement schools;
18 requiring passage of a department-approved
19 final examination at the conclusion of a driver
20 improvement course; allowing a student to
21 retake the examination once without charge;
22 requiring certain data to be provided to the
23 department; requiring that the department
24 consider certain course content of intermediate
25 driver improvement courses prior to approval of
26 such courses; conforming provisions to changes
27 made by the act; providing an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2005 CS for SB 686
596-1989-05
1 Section 1. Subsection (9) of section 318.14, Florida
2 Statutes, is amended to read:
3 318.14 Noncriminal traffic infractions; exception;
4 procedures.--
5 (9) Any person who is cited for an infraction under
6 this section other than a violation of s. 320.0605, s.
7 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
8 s. 322.62 may, in lieu of a court appearance, elect to attend
9 in the location of his or her choice within this state a
10 driver improvement course approved by the Department of
11 Highway Safety and Motor Vehicles for the first or second
12 election or an intermediate driver improvement course approved
13 by the Department of Highway Safety and Motor Vehicles for the
14 third, fourth, or fifth election. In such a case, adjudication
15 must be withheld; points, as provided by s. 322.27, may not be
16 assessed; and the civil penalty that is imposed by s.
17 318.18(3) must be reduced by 18 percent; however, a person may
18 not make an election under this subsection if the person has
19 made an election under this subsection in the preceding 12
20 months. A person may make no more than five elections under
21 this subsection. The requirement for community service under
22 s. 318.18(8) is not waived by a plea of nolo contendere or by
23 the withholding of adjudication of guilt by a court.
24 Section 2. Section 322.025, Florida Statutes, is
25 amended to read:
26 322.025 Driver improvement; points deducted for
27 out-of-state violation or federal violation.--
28 (1) The department may implement programs to improve
29 the driving ability of the drivers of this state. Such
30 programs may include, but shall not be limited to, safety
31 awareness campaigns, driver training, and licensing
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Florida Senate - 2005 CS for SB 686
596-1989-05
1 improvement. Motorcycle driver improvement programs
2 implemented pursuant to this section or s. 322.0255 shall be
3 funded by the motorcycle safety education fee collected
4 pursuant to s. 320.08(1)(c), which shall be deposited in the
5 Highway Safety Operating Trust Fund of the department and
6 appropriated for that purpose.
7 (2) If a person has been convicted in another state of
8 a violation that, if committed in this state, would be a
9 violation of the traffic laws of this state or has been
10 convicted of an offense under any federal law that
11 substantially conforms to the traffic laws of this state,
12 except for a violation of s. 322.26, and that person has been
13 assessed points due to any such conviction, he or she may
14 elect to attend in the location of his or her choice within
15 this state a driver improvement course approved by the
16 department. In such case, the department shall deduct points,
17 as provided by s. 322.27, from the person's driving record.
18 The person may not make an election under this subsection if
19 he or she has made an election under this subsection or s.
20 318.14(9) during the preceding 12 months. A person may not
21 make more than a combined total of five elections under this
22 subsection and s. 318.14(9).
23 Section 3. Paragraphs (c) and (d) are added to
24 subsection (2) of section 318.1451, Florida Statutes, and
25 subsection (4) of that section is amended, to read:
26 318.1451 Driver improvement schools.--
27 (2)
28 (c) All approved courses of driver improvement schools
29 shall provide for a department-approved final examination at
30 the conclusion of each course. Each student must pass the
31 final examination before the issuance of a completion
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Florida Senate - 2005 CS for SB 686
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1 certificate. The final examination is required for all
2 courses, including those using technology as a delivery
3 method. Students failing the examination shall be allowed to
4 retake the examination once without charge. Data indicating
5 the number and scores of students passing or failing the final
6 examination required by this paragraph shall be submitted to
7 the department in a format designated by the department.
8 (d) In determining whether to approve an intermediate
9 driver improvement course required in s. 318.14(9), the
10 department shall consider course content that, at a minimum,
11 must include a demonstration of driving ability and an ability
12 to exercise ordinary and reasonable control in the operation
13 of a motor vehicle by the person attending the course. For
14 purposes of this paragraph, the intermediate driver
15 improvement course may include an actual driving-skills
16 examination or a simulated driving-skills examination.
17 (4) In addition to a regular course fee, an assessment
18 fee in the amount of $2.50 shall be collected by the school
19 from each person who elects to attend a course, as it relates
20 to ss. 318.14(9), 322.025(2), 322.0261, 322.291, and
21 627.06501, which shall be remitted to the Department of
22 Highway Safety and Motor Vehicles and deposited in the Highway
23 Safety Operating Trust Fund to administer this program and to
24 fund the general operations of the department.
25 Section 4. This act shall take effect July 1, 2005.
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Florida Senate - 2005 CS for SB 686
596-1989-05
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 686
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4 Requires a student taking a driver improvement course to pass
a department approved final exam at the conclusion of the
5 course in order to receive a completion certificate.
6 The CS allows students failing the exam to retake the exam
once without being charged. Data indicating the number and
7 scores of students passing or failing the final exam must be
submitted to the department.
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In determining whether to approve an intermediate driver
9 improvement course, the CS requires the department to consider
course content that at a minimum tests the students driving
10 ability either through an actual or simulated driving skills
examination.
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