15A-8.0061. Traffic Law and Substance Abuse Education Course

(1) Course Approval – In the event that the currently approved curriculum for the Traffic Law and Substance Abuse Education course is no longer offered, approval of the Traffic Law and Substance Abuse Education course shall be based on Department review of the course materials, independent scientific research evidence of course effectiveness, monitoring of course presentation by the Department and effective oversight of the course by the provider in the State of Florida.

(2) A course provider seeking approval of the Traffic Law and Substance Abuse Education course must submit to the Department the information, documents and independent scientific research evidence of course effectiveness stated in the Traffic Law and Substance Abuse Education Course Approval Form, HSMV 72983. The Department review of the course shall be based on the following:

(a) The course provides effective instruction in the following four (4) topics:

1. Physiological and psychological consequences of abuse of alcohol and other drugs.

2. The societal and economic cost of alcohol and drug abuse.

3. The effects of alcohol and drug abuse on the driver of a motor vehicle.

4. The laws of the State of Florida relating to the operation of a motor vehicle.

(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.

(3) Course Conduct.

(a) Each course provider shall provide to each driver improvement school conducting its course a certificate of authority to conduct its course in the State for presentation to the Clerk of Court in each Judicial Circuit in which the school operates. Each course provider shall submit to the Department a copy of all such certificates within ten (10) days of issuance.

(b) The course provider shall ensure that only Department approved instructional materials are used in the presentation of the course, and that all driver improvement schools conducting the course conduct such course in order to maximize its impact and effectiveness.

(c) The course provider shall require all instructors who teach its course to complete the In-Service Instructor Training Program as specified in form HSMV 72983 or in a Curriculum Licensing Agreement and shall submit to the Department a completed form HSMV 72966 once each calendar year for each instructor teaching its course.

(d) The course provider shall ensure that each driver improvement school conducting its course shall comply with the assessment fee collection required by Section 322.095, F.S., and the reporting procedures in Chapter 15A-8, F.A.C.

(e) The course provider shall ensure that each person who successfully completed a Traffic Law and Substance Abuse Education course is issued at the time of completion a fully executed certificate of course completion. The certificate must include:

1. The name of the student.

2. The date of birth of the student.

3. The course completion certificate number assigned by the Department.

4. The date that the student completed the course.

5. The name of the driver improvement course.

6. The name of the driver improvement school conducting the course.

(f) The course provider shall ensure that any student who is unable to attend or complete a course due to action, error or omission on the part of the course provider or driver improvement school conducting its course, shall be accommodated to permit completion of the course at no additional cost.

(g) The course provider shall submit to the Department written notice of any authorization for a driver improvement school to conduct its course in the State.

1. The course provider shall also submit written notice to the Department within ten (10) days of authorizing a new driver improvement school or terminating any existing authorization.

2. The course provider shall submit to the Department on a quarterly basis a list of all driver improvement schools conducting its course in the State. The list must contain the following current information:

a. Driver improvement school name.

b. Driver improvement school address.

c. Driver improvement school telephone number.

d. Date that the driver improvement school was authorized to conduct the course in the State of Florida.

e. Names of the Florida counties served by the driver improvement school.

(4) Assessment Fees Collection and Reporting.

(a) In addition to enrollment fees, an assessment fee in the amount of $3.00 (three dollars) shall be collected from each student who completes the Traffic Law and Substance Abuse Education course.

(b) Each student shall be provided with a receipt which reflects that the $3.00 assessment fee was collected.

(c) The course provider shall submit on or before May 1 of each calendar year an annual report consisting of a fully completed form HSMV 72958, for each driver improvement school conducting its course.

(5) Course Completion Certificates.

(a) The course provider shall acquire from the Department assigned course completion certificate numbers prior to issuing any completion certificate and shall use such assigned numbers on all certificates issued for its course.

(b) The course provider shall ensure that each person who successfully completes the course is issued a completion certificate with the Department assigned course completion number prominently pre-printed on its face.

(c) The course provider shall require that all driver improvement schools conducting its course report to the course provider the disposition of all course completion certificates.

(d) The course provider shall submit to the Department a quarterly report on the disposition of all assigned course completion certificate numbers used during the period.

(e) The quarterly report must be submitted in a DOS format acceptable to the Department, ASCI II, no later than the 30th day of the month following the end of each calendar year quarter.

(f) The report must include the following information about each student who receives a certificate:

1. The name of the student.

2. The date of birth of the student.

3. The course completion certificate number assigned by the Department.

4. The date of course completion by the student.

(g) The course provider shall ensure that a duplicate certificate of course completion shall be issued upon request to a person who successfully completes the course.

(h) The course provider shall ensure that no person is issued a certificate of course completion or duplicate certificate unless that person has successfully completed the course.

(6) Student Records.

(a) The course provider shall require all driver improvement schools conducting its course to have available for inspection and photocopying by the Department all student records for each course and the written policies and procedures for creating and maintaining such records.

(b) The course provider shall require that all driver improvement schools conducting its course to have available for inspection and photocopying by the Department a list of students who complete each class conducted and information necessary to issue duplicate certificates to such students.

(c) The course provider shall require that the above records be available for a minimum of five (5) years. Records may be maintained in an electronic format.

Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 5-7-96.