Definitions, Program Approval, Program Completion – Wireless Communications Device Driving Safety Program, Denial, Suspension or Revocation of Program Approval
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Florida Highway Patrol
RULE NOS.:RULE TITLES:
15B-16.001Definitions
15B-16.002Program Approval
15B-16.005Program Completion – Wireless Communications Device Driving Safety Program
15B-16.006Denial, Suspension or Revocation of Program Approval
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 195, October 7, 2019 issue of the Florida Administrative Register.
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) No change.
(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 Eeach Wireless Communications Device Driving Safety Program in the State of Florida shall have one designated program provider.
(3) through (6) No change.
(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 demonstrates to the Department that it has remedied remedies all issues identified by the Department as constituting the reason(s) for such withdrawal relating to the suspension.
(8) through (9) No change.
15B-16.002 Program Approval
(1) through (3) No change.
The following changes are made to page 5 of the Application for Wireless Communications Device Driving Safety Program:
e. Defensive Driving Concepts
For each of the distractions listed above, what defensive driving concepts can drivers use to reduce or avoid having their attention drawn away from the driving task by that distraction?
15B-16.005 Program Completion – Wireless Communications Device Driving Safety Program
(1) The program provider shall electronically submit notice of Elective Student completion through to the Department’s Driver Improvement Certificate Issuance System within 24 hours of an Elective Student’s completion of the program.
(2) No change.
15B-16.006 Denial, Suspension or Revocation of Program Approval
(1) through (2) No change.
(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.
(a)(c) Receives a second or subsequent suspension of program approval.
(b)(d) Obtains program approval by fraud or misrepresentation.
(c)(e) Obtains or assists a person in obtaining any driver license by fraud or misrepresentation.
(d)(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.
(4)(5) Except as otherwise provided by law 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.
