15A-8.006. Course Approval

(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. History–New 12-24-91, Amended 5-7-96.