Pursuant to an amendment to section 316.306, Florida Statutes (effective October 1, 2019), the Department proposes to create a new rule chapter to establish standards for approval and administration of Wireless Communication Device Driving Safety ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Florida Highway Patrol

RULE NOS.:RULE TITLES:

15B-16.001Definitions

15B-16.002Program Approval

15B-16.003Program Completion Certificates – Wireless Communications Device Driving Safety Program

15B-16.004Elective Student Records – Wireless Communications Device Driving Safety Program

15B-16.005Program Completion – Wireless Communications Device Driving Safety Program

15B-16.006Denial, Suspension or Revocation of Program Approval

PURPOSE AND EFFECT: Pursuant to an amendment to section 316.306, Florida Statutes (effective October 1, 2019), the Department proposes to create a new rule chapter to establish standards for approval and administration of Wireless Communication Device Driving Safety Programs.

SUMMARY: During the 2019 Regular Session, the Florida Legislature enacted section 316.306, Florida Statutes. Section 316.306 prohibits individuals from using wireless, handheld communication devices while operating motor vehicles in certain designated areas. Any person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation, and shall have three points assessed against his or her driver license. However, in lieu of this penalty, a first offender under this section may elect to participate in a wireless communications device driving safety program approved by the Department. New rules are necessary to establish standards for program approval and administration. Therefore, the Department proposes to create a new rule chapter to establish standards for approval and administration of wireless communication device driving safety programs.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule, input from the affected industry, and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 321.05(6) FS.

LAW IMPLEMENTED: 316.306 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 28, 2019, 2:00 p.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B201, Tallahassee, Florida 32399

To attend the workshop by phone, call [phone], and enter conference room number (408)193-021.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ray Graves, Bureau Chief, 2900 Apalachee Parkway, Room A201, Tallahassee, FL 32399-0500, [e-mail], [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ray Graves, Bureau Chief, 2900 Apalachee Parkway, Room A201, Tallahassee, FL 32399-0500, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

15B-16.001 Definitions

For the purpose of this chapter, which sets forth the standards for approval of the Wireless Communications Device Driving Safety Program by the Department of Highway Safety and Motor Vehicles, the following words and phrases shall have the meaning indicated.

(1) Class – One or more sessions of an approved Wireless Communications Device Driving Safety Program.

(2) Program Provider – The owner of the copyright or proprietary interests in a Wireless Communications Device Driving Safety Program. Only one program provider shall be designated for each Wireless Communications Device Driving Safety Program in the State of Florida.

(3) Department – The Florida Department of Highway Safety and Motor Vehicles.

(4) Elective Student – A person who attends a Wireless Communications Device Driving Safety Program pursuant to Section 316.306(4)(a), F.S.

(5) Entity – A firm, partnership, association, corporation, public school system, public community college, or public university.

(6) Revocation – The permanent withdrawal of Department approval of a Wireless Communications Device Driving Safety Program for use in the State of Florida.

(7) Suspension – The temporary or conditional withdrawal of Department approval of a Wireless Communications Device Driving Safety Program for use in the State of Florida until program provider remedies all issues relating to suspension.

(8) Wireless Communications Device – This term has the same meaning as provided in sections 316.305(3)(a) and 316.306(1), F.S.

(9) Wireless Communications Device Driving Safety Program or program – A program approved by the Department, designed for drivers who elect to attend pursuant to section 316.306(4)(a), F.S. A program designated to educate drivers on the dangers of operating a motor vehicle while using wireless communication devices in a handheld manner in a designated school crossing, school zone, or work zone.

Rulemaking Authority 321.05(6) F.S. Law Implemented 316.306 FS. History–New              .

 

15B-16.002 Program Approval

(1) All Wireless Communications Device Driving Safety Programs conducted in the State of Florida must be approved by the Department.

(a) Each program provider seeking approval of a Wireless Communications Device Driving Safety Program must produce proof of ownership or copyright to use the program in the State of Florida.

(b) In order to obtain and retain approval by the Department, each program provider shall ensure that all persons or entities conducting the program fully and promptly comply with the applicable laws of the State of Florida. If the program provider is the person or entity conducting the program, then the program provider must fully and promptly comply with the applicable laws of the State of Florida.

(c) In order to obtain and retain Department approval, each program provider shall fully comply with Chapter 15B-16, F.A.C.

(2) Approval of a Wireless Communications Device Driving Safety Program shall be based on Department review of the program materials and effective oversight of the program by the program provider. The program review will be based on the following:

(a) The program provides effective instruction in the following eight topics:

1. Definition of distracted driving, including the types of distractions and how they affect one’s ability to drive safely.

2. Impact of distracted driving in the United States and Florida.

3. Strategies to reduce or avoid distracted driving.

4. Driver responsibility concepts.

5. Defensive driving concepts.

6. Rules of the road that relate to safe and distraction-free driving.

7. Impact of physics and natural laws on driving, including perception and reaction times.

8. Psychological factors that affect one’s ability to drive safely.

(b) The length of program instruction shall be ninety minutes. An additional ten minutes may be alloted for a break.

(3) A program provider seeking approval of a Wireless Communications Device Driving Safety Program shall submit to the Department HSMV #, Application for Wireless Communications Device Driving Safety Program, [effective date], incorporated herein by reference and available at: [DOS hyperlink] or [Department hyperlink or address].

Rulemaking Authority 321.05(6) F.S. Law Implemented 316.306 FS. History–New              .

 

15B-16.003 Program Completion Certificates ‒ Wireless Communications Device Driving Safety Program

(1) Each program provider must provide each entity conducting its program a certificate of authority to conduct its program in the State. Such certificate must contain the name of the program provider, the name of the entity and the name of the Wireless Communications Device Driving Safety Program. Each program provider shall submit to the Department a copy of all such certificates within five days of issuance. A certificate is not required if the program provider is the person or entity conducting its program.

(2) The program provider shall ensure that only Department-approved instructional materials are used in the presentation of the program.

(3) The program provider shall ensure that each person who successfully completes a Wireless Communications Device Driving Safety Program is issued at the time of completion a fully executed certificate of program completion. The certificate must include:

(a) The name of the Elective Student as listed on the Elective Student’s driver license.

(b) The driver license number of the Elective Student.

(c) The date of birth of the Elective Student.

(d) The program completion certificate number assigned by the Department.

(e) The name of the Wireless Communications Device Driving Safety Program.

(f) The name of the entity conducting the program.

(g) The date that the Elective Student completed the program.

(h) Whether the program completion was ordered by a court. In such case, the certificate must include the court’s circuit and county.

(4) The program provider shall ensure that any Elective Student who is unable to attend or complete a program due to an action, error or omission by the program provider or entity conducting its program shall be permitted to complete the program at no additional cost.

(5) The program provider shall submit to the Department written notice of any authorization for an entity to conduct its Wireless Communications Device Driving Safety Program in the State. The program provider shall also submit written notice to the Department within ten days of authorizing a new entity or terminating any existing authorization.

Rulemaking Authority 321.05(6) F.S. Law Implemented 316.306 FS. History–New              .

 

15B-16.004 Elective Student Records ‒ Wireless Communications Device Driving Safety Program

(1) Each program provider shall have available for inspection and photocopying by the Department all Elective Student records for each program.

(2) Each program provider shall have available for inspection and photocopying by the Department a list of Elective Students who complete each class conducted and information necessary to issue duplicate certificates to such Elective Students as detailed in Rule 15B-16.003(3), F.A.C.

(3) The program provider shall maintain the above records for a minimum of three years from the date of  program completion. Records may be maintained in physical or electronic format.

Rulemaking Authority 321.05(6) F.S. Law Implemented 316.306 FS. History–New              .

 

15B-16.005 Program Completion ‒ Wireless Communications Device Driving Safety Program 

(1) The program provider shall electronically submit notice of Elective Student completion to the Department within 24 hours of an Elective Student’s completion of the program.

(2)              The program provider shall also submit notice of Elective Student completion together with the citation number through the Florida Courts E-Filing Portal governed by the Florida Courts E-Filing Authority to the clerk of the circuit court of the county where the citation is issued within 24 hours of an Elective Student’s completion of the program.

Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New              .

 

15B-16.006 Denial, Suspension or Revocation of Program Approval

(1) The Department shall deny approval of a program provider’s Wireless Communications Device Driving Safety Program if the program provider:

(a) Fails to satisfy any program approval requirement in Chapter 15B-16, F.A.C.

(b) Violates any applicable state or federal law.

(c) Conducts a Wireless Communications Device Driving Safety Program in the State of Florida prior to receiving Department approval.

(d) Has experienced a prior revocation of approval of the program by the Department.

(2) The Department shall suspend approval of a program provider’s Wireless Communications Device Driving Safety Program if the program provider:

(a) Violates any applicable state or federal law.

(b) Violates any provision of Chapter 15B-16, F.A.C.

(3) The Department shall revoke approval of a program provider’s Wireless Communications Device Driving Safety Program if the program provider:

(a) Violates any applicable state or federal law.

(b) Violates any provision of Chapter 15B-16, F.A.C.

(c) Receives a second or subsequent suspension of program approval.

(d) Obtains program approval by fraud or misrepresentation.

(e) Obtains or assists a person in obtaining any driver license by fraud or misrepresentation.

(f) Conducts a Wireless Communications Device Driving Safety Program in the State of Florida while approval of such program is under suspension.

(4) The Department shall suspend approval of any Wireless Communications Device Driving Safety Program without preliminary hearing for the purpose of protecting the public safety and enforcing any provision of the Florida Statutes governing Wireless Communications Device Driving Safety Programs, or any provision of Chapter 15B-16, F.A.C.

(5) Except as otherwise provided in this rule, prior to final Department action denying, suspending or revoking approval of a Wireless Communications Device Driving Safety Program, the program provider shall have the opportunity to request either a formal or informal administrative hearing to show cause why the action should not be taken pursuant to sections 120.569 and 120.57, F.S.

Rulemaking Authority 321.05(6) F.S. Law Implemented 316.306 FS. History–New              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Graves, Department of Highway Safety and Motor Vehicles

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 2, 2019