Florida Senate - 2012                             CS for SB 1192
       
       
       
       By the Committee on Transportation; and Senators Lynn and
       Bennett
       
       
       
       596-02449-12                                          20121192c1
    1                        A bill to be entitled                      
    2         An act relating to persons with disabilities;
    3         requiring law enforcement agencies to report certain
    4         criminal activity and enforcement of certain laws to
    5         the Department of Law Enforcement and the Department
    6         of Highway Safety and Motor Vehicles; amending ss.
    7         318.1451 and 322.0261, F.S.; requiring that, in
    8         determining whether to approve courses offered by
    9         driver improvement schools, the Department of Highway
   10         Safety and Motor Vehicles consider course content
   11         related to the study of traffic laws to assist legally
   12         blind and mobility-impaired persons; amending s.
   13         322.12, F.S.; providing requirements for examination
   14         questions pertaining to traffic laws relating to
   15         legally blind and mobility-impaired persons; amending
   16         s. 322.095, F.S.; requiring certain traffic law
   17         education programs to include the study of traffic
   18         laws to assist legally blind and mobility-impaired
   19         persons; amending s. 943.17, F.S.; requiring the basic
   20         skills course required in order for law enforcement
   21         officers to obtain certification to include the study
   22         of traffic laws to assist legally blind and mobility
   23         impaired persons; amending s. 1003.48, F.S.; requiring
   24         driver education programs to include study of traffic
   25         laws to assist legally blind and mobility-impaired
   26         persons; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Law enforcement reports.—Each month, each law
   31  enforcement agency in the state shall report crimes affecting
   32  persons with disabilities, legally blind persons, and persons
   33  who are mobility impaired to the Department of Law Enforcement
   34  and report its enforcement of s. 316.1301, Florida Statutes, and
   35  traffic laws to assist legally blind and mobility-impaired
   36  persons to the Department of Highway Safety and Motor Vehicles.
   37  The report to the Department of Highway Safety and Motor
   38  Vehicles shall include incidents of crashes involving legally
   39  blind persons and crashes involving mobility-impaired persons.
   40  The Department of Law Enforcement and the Department of Highway
   41  Safety and Motor Vehicles shall each provide procedures for the
   42  collection and maintenance of the reports in the same manner as
   43  other criminal activity and enforcement reports are collected
   44  and maintained by that department.
   45         Section 2. Paragraph (a) of subsection (2) of section
   46  318.1451, Florida Statutes, is amended to read:
   47         318.1451 Driver improvement schools.—
   48         (2)(a) In determining whether to approve the courses
   49  referenced in this section, the department shall consider course
   50  content designed to promote safety, driver awareness, crash
   51  avoidance techniques, and other factors or criteria to improve
   52  driver performance from a safety viewpoint. The department shall
   53  also consider course content that includes the study of s.
   54  316.1301 and traffic laws to assist legally blind and mobility
   55  impaired persons.
   56         Section 3. Subsection (5) of section 322.0261, Florida
   57  Statutes, is amended to read:
   58         322.0261 Driver improvement course; requirement to maintain
   59  driving privileges; failure to complete; department approval of
   60  course.—
   61         (5) In determining whether to approve a driver improvement
   62  course for the purposes of this section, the department shall
   63  consider course content designed to promote safety, driver
   64  awareness, crash avoidance techniques, and other factors or
   65  criteria to improve driver performance from a safety viewpoint.
   66  The department shall also consider course content that includes
   67  the study of s. 316.1301 and traffic laws to assist legally
   68  blind and mobility-impaired persons.
   69         Section 4. Subsection (6) is added to section 322.12,
   70  Florida Statutes, to read:
   71         322.12 Examination of applicants.—
   72         (6) Each examination given for a Class E driver license or
   73  a commercial driver license under this section must include one
   74  question testing the applicant’s knowledge of s. 316.1301 and
   75  traffic laws to assist legally blind and mobility-impaired
   76  persons. In developing questions under this subsection, the
   77  department shall emphasize pedestrian right of way when a driver
   78  is making a right turn at an intersection.
   79         Section 5. Subsection (1) of section 322.095, Florida
   80  Statutes, is amended to read:
   81         322.095 Traffic law and substance abuse education program
   82  for driver driver’s license applicants.—
   83         (1) The Department of Highway Safety and Motor Vehicles
   84  must approve traffic law and substance abuse education courses
   85  that must be completed by applicants for a Florida driver
   86  driver’s license. The curricula for the courses must provide
   87  instruction on the physiological and psychological consequences
   88  of the abuse of alcohol and other drugs, the societal and
   89  economic costs of alcohol and drug abuse, the effects of alcohol
   90  and drug abuse on the driver of a motor vehicle, and the laws of
   91  this state relating to the operation of a motor vehicle. The
   92  curricula must also include the study of s. 316.1301 and traffic
   93  laws to assist legally blind and mobility-impaired persons. All
   94  instructors teaching the courses shall be certified by the
   95  department.
   96         Section 6. Subsection (5) of section 943.17, Florida
   97  Statutes, is amended to read:
   98         943.17 Basic recruit, advanced, and career development
   99  training programs; participation; cost; evaluation.—The
  100  commission shall, by rule, design, implement, maintain,
  101  evaluate, and revise entry requirements and job-related
  102  curricula and performance standards for basic recruit, advanced,
  103  and career development training programs and courses. The rules
  104  shall include, but are not limited to, a methodology to assess
  105  relevance of the subject matter to the job, student performance,
  106  and instructor competency.
  107         (5) The commission, in consultation with the Florida
  108  Violent Crime and Drug Control Council, shall establish
  109  standards for basic and advanced training programs for law
  110  enforcement officers in the subjects of investigating and
  111  preventing violent crime. The curricula of every basic skills
  112  course required in order for law enforcement officers to obtain
  113  initial certification must include the study of s. 316.1301 and
  114  traffic laws to assist legally blind and mobility-impaired
  115  persons. After January 1, 1995, every basic skills course
  116  required in order for law enforcement officers to obtain initial
  117  certification must include training on violent crime prevention
  118  and investigations.
  119         Section 7. Subsection (1) of section 1003.48, Florida
  120  Statutes, is amended to read:
  121         1003.48 Instruction in operation of motor vehicles.—
  122         (1) A course of study and instruction in the safe and
  123  lawful operation of a motor vehicle shall be made available by
  124  each district school board to students in the secondary schools
  125  in the state. As used in this section, the term “motor vehicle”
  126  shall have the same meaning as in s. 320.01(1)(a) and shall
  127  include motorcycles and mopeds. Instruction in motorcycle or
  128  moped operation may be limited to classroom instruction. The
  129  curricula of every course must include the study of s. 316.1301
  130  and traffic laws to assist legally blind and mobility-impaired
  131  persons. The course shall not be made a part of, or a substitute
  132  for, any of the minimum requirements for graduation.
  133         Section 8. This act shall take effect July 1, 2012.