Current through Reg. 50, No. 187; September 24, 2024
(1) All driver
improvement courses conducted in the State of Florida must be approved by the
Department.
(a) Each course provider seeking
approval of a driver improvement course must produce proof of ownership,
copyright or written permission from the course owner to use the course in the
State of Florida.
(b) Each course
provider shall maintain a physical office in the State of Florida, and keep all
records pertinent to the conduct of its course in such office for review and
inspection by the Department.
(c)
In order to retain Department approval and ensure that the course remains
effective, the Department shall require effectiveness studies as follows:
1. BDI course shall be studied every five (5)
years under the criteria listed in forms HSMV 72908 and HSMV 72909.
2. ADI courses shall be studied every five
(5) years under the criteria listed in form HSMV 72946.
3. The Department shall identify the areas or
localities within the State of Florida from which the required data will be
provided and precision matched for the course study.
(d) In order to obtain and retain approval by
the Department each course provider shall ensure that all driver improvement
schools conducting the course fully and promptly comply with the applicable
laws of the State of Florida.
(e)
In order to obtain and retain Department approval each course provider shall
fully comply with Chapter 15A-8, F.A.C.
(2) Approval of a BDI course shall be based
on Department review of the course materials, independent scientific research
evidence of course effectiveness in reducing moving traffic violations or
collision recidivism, monitoring of course presentation by the Department and
effective oversight of the course by the course provider in the State of
Florida. The Department shall identify the areas or locations from which the
required data will be provided for the course review and study. The course
review and study will be based on the following:
(a) The course provides effective instruction
in the following five (5) topics:
1. The
concept of collision preventability, including a discussion of the magnitude of
traffic collision problems,
2.
Crash Avoidance Driving Techniques,
3. Alcohol and drug use as a collision
factor,
4. The risk factor involved
in driver attitude and in irresponsible driver behaviors, such as speeding,
reckless driving, running red lights and stop signs, etc., and
5. The major traffic laws of the State of
Florida.
(b) The course
is conducted with a minimum of four (4) hours devoted to course content minus a
maximum of thirty (30) minutes allotted for breaks.
(c) The students are motivated to participate
freely in the learning process.
(d)
The instructional methods used to teach the course vary and are recognized as
effective by existing educational authorities.
(e) Positive student reaction to the
course.
(f) Results of the
effectiveness study as described in forms HSMV 72908 and HSMV 72909. The course
provider may re-submit the course for approval no earlier than six (6) months
after conclusion of the effectiveness study by identifying and correcting all
course deficiencies which contributed to the ineffective
results.
(3) A course
provider seeking approval of a BDI course shall submit to the Department the
information, documents and independent scientific research evidence of course
effectiveness stated in the Basic Driver Improvement Course Approval Form "B, "
form HSMV 72909, in order to obtain provisional approval.
(a) Provisionally approved courses shall
conduct a pilot test consisting of a minimum of 1, 000 randomly selected
students, including court-referred and elective students as described in form
HSMV 72909.
(b) New basic driver
improvement courses which are provisionally approved for pilot testing after
July 1, 1994, shall be limited to the Judicial Circuit originally approved for
pilot testing, until the course is fully approved by the Department.
(c) The pilot test will be conducted only
after joint consultation with the Chief Judge of the Judicial Circuit in which
the course owner is applying for approval.
(4) The following BDI courses are
provisionally approved until the Department determines their effectiveness on
crash or violation rates and grants or denies full approval:
(a) Advanced Driving Skills Institute and
Traffic Safety Matrix Course;
(b)
National Safety Council's Defensive Driving Course;
(c) National Traffic Safety Institute's
Traffic Offender Course;
(d) Driver
Training Associates' Program for Driver Improvement; and,
(e) Driving and Personal Responsibility for
Traffic Safety for Teens.
(f) The
providers of the above courses must submit to the Department, the information,
documents and scientific research evidence of course effectiveness stated in
the Basic Driver Improvement Course Approval Form "A, " for HSMV 72908, to
become fully approved. The providers of all subsequently provisionally approved
courses must submit to the Department the information, documents and scientific
research evidence of course effectiveness stated in the Basic Driver
Improvement Approval Form "A, " form HSMV 72908, to become fully approved. If
the proper information, documents and scientific research evidence of course
effectiveness of any provisionally approved course is not submitted to the
Department within the allotted time frame, the course will no longer be
approved for use in Florida until such time as the missing information,
documents or scientific research evidence is received and approved by the
Department.
(5) Approval
of an ADI course shall be based on Department review of the course materials,
independent scientific research evidence of course effectiveness in reducing
moving traffic violations, point suspensions and collision recidivism,
monitoring of course presentation by the Department and effective oversight of
the course by the course provider in the State of Florida. The Department shall
identify the areas or locations from which the required data will be provided
for the course review and evaluation. The course review and evaluation will be
based on the following:
(a) The course
provides effective instruction focused on helping the students reach the
following objectives:
1. Identify the major
problem(s) they have created for themselves as a result of their driving
behavior.
2. Identify the driving
habits that have caused them problems.
3. Develop the desire to change those driving
habits that are causing them problems.
4. Learn an effective system for changing
their troublesome driving habits based on an increased understanding and
awareness of emotions, attitudes and personality structure and how these affect
driving habits.
5. Application of
changes in driver behavior and attitude to simulated and real driving
situations.
6. Make a firm
commitment to continuously apply the change system moment by moment while
driving.
(b) The course
is conducted in a minimum of twelve (12) hours devoted to course content with a
maximum of ninety (90) minutes allotted for breaks.
(c) The students are able to participate
freely in the learning process.
(d)
The instructional methods used to teach the course vary and are recognized as
effective by existing educational authorities.
(e) Positive student reaction to the
course.
(f) The course meets or
exceeds effectiveness levels of other ADI courses approved for use in the State
of Florida.
(6) A course
provider seeking approval of an ADI course shall submit to the Department the
information documents and independent scientific research evidence of course
effectiveness stated in the Advanced Driver Improvement Form, HSMV 72946.
(a) New ADI courses provisionally approved
for pilot testing shall be limited to the Judicial Circuit originally approved
for pilot testing until the course is fully approved by the
Department.
(b) Provisionally
approved courses shall conduct a pilot test which shall comply with the
procedures and required data as described in form HSMV 72946.
(c) The pilot test will be conducted only
after joint consultation with the Chief Judge of the Judicial Circuit in which
the course owner is applying for approval.
(7) Any provider of any unapproved Senior
Citizen Discount Insurance (SCDI) course seeking approval shall comply with the
provisions as listed in Section
627.0652, F.S., and the
requirements set forth in the Senior Citizen Discount Insurance Course Minimum
Standards as follows:
(a) The curriculum
shall be specific to the driving conditions and laws of the State of
Florida.
(b) The curriculum content
and the activities of the course shall reflect its capability to prevent
crashes by persons age 55 or older.
Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451
FS.
New 12-24-91, Amended
5-7-96.
