A new rule is proposed to regulate business and their instructors that teach people to drive motor vehicles. Truck driving schools are regulated elsewhere; however, the rule also provides guidance for truck instructor certification and for ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-11.001: Definitions.
15A-11.002: General Regulations
15A-11.003: CDS License Application and Renewal
15A-11.004: CDS Office Location and Instructional Facilities
15A-11.0045: Program of Instruction and Requirements
15A-11.005: CDS Records Retention
15A-11.006: Driving Instruction Contracts
15A-11.007: CDS Instruction Vehicles
15A-11.008: Soliciting and Advertising
15A-11.009: CDS Instructor Certificate Application and Renewal
15A-11.0095: Agent Identification Cards
15A-11.010: Commercial Truck Driving Schools
15A-11.011: CTDS Instructor Certificate Application and Renewal
15A-11.012: CTDS Instruction Vehicles
15A-11.013: Cancellation or Suspension of CDS License, CDS, CTDS Instructor's Certification or Agent’s Card
15A-11.014: Grounds for Cancellation and Suspension Matrix
15A-11.015: Forms

PURPOSE AND EFFECT: A new rule is proposed to regulate business and their instructors that teach people to drive motor vehicles. Truck driving schools are regulated elsewhere; however, the rule also provides guidance for truck instructor certification and for registering vehicles used in truck driving schools.

SUMMARY: The rule provides guidance for licensure of a business (school) and their instructors, including registration of vehicles used to teach students how to drive behind-the-wheel. Similar provisions apply to truck driving schools instructors and the vehicles those schools use.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency.

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: 488.02 FS.

LAW IMPLEMENTED: 488 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, January 4, 2010, 9:00 a.m.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Mike McGlockton, Bureau of Driver Education and DUI Programs, 2900 Apalachee Parkway, Room B-214, Tallahassee, FL 32399-0500, [phone]

THE FULL TEXT OF THE PROPOSED RULES IS:

15A-11.001 Definitions.

(1) Agent – A person who holds a valid identification card issued by the Department, pursuant to Chapter 488, Florida Statutes, indicating the individual is an agent for the CDS, or CTDS, and is authorized by the school to solicit on its behalf.

(2) Commercial Driving School (CDS) – A school licensed by the Department pursuant to Chapter 488, Florida Statutes, which is authorized to engage in driving instruction.

(3) Commercial Driving School License – A license issued to a school by the Department pursuant to Chapter 488, Florida Statutes, indicating that the school is authorized to engage in driving instruction.

(4) Commercial Motor Vehicle Driver Instructor Training Course (CMV-DITC) – A 32-hour Teaching Commercial Motor Vehicle Driver and Traffic Safety Education Course.

(5) Commercial Truck Driving School (CTDS) – A school licensed by the CIE pursuant to Chapter 1005, Florida Statutes, which is authorized to engage in commercial motor vehicle driving instruction.

(6) Commission for Independent Education (CIE) – The Commission for Independent Education established by Chapter 1005, F.S.

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

(8) Driver Instructor Training Course (DITC) – A 32-hour Teaching Motor Vehicle Driver and Traffic Safety Education Course.

(9) Driver Performance Analysis System (DPAS) – The driver performance test that a potential instructor must pass to be temporarily certified to instruct commercial motor vehicle or motor vehicle driving instructions.

(10) Driving Instruction – Any activity for compensation related to on the road or classroom driving education.

(11) Driving Instruction Contract – A written agreement between a CDS and each of its students to provide driving instruction.

(12) Driver License Office – A driver licensing facility operated by or under the authority of the Division of Driver Licenses or local Tax Collector.

(13) Immediate Family Member – A person’s spouse, parents, grandparents, brothers, sisters and children, and parents, grandparents, brothers, sisters and children of the spouse.

(14) Instructor – A person who holds a valid instructor certificate and engages in driving instruction on behalf of a commercial driving school licensed by the Department or the CIE.

(15) Instructor Certificate – An instructor certificate issued to an individual instructor by the Department, pursuant to Chapter 488, Florida Statutes, indicating the individual is an instructor for a specific commercial driving school or commercial truck driving school.

(16) Owner – The person or corporation who has the controlling financial interest of the CDS.

(17) School Vehicle – A motor vehicle used by the CDS or CTDS to engage in driving instruction

(18) Solicitation – A request or offer directly or indirectly, to a person for driving instruction services or enrollment of a student in a CDS or CTDS.

(19) Student – A person who receives driving instruction from a CDS or CTDS.

(20) Temporary Instructor Certificate – A temporary certificate issued by the Department based on satisfactory completion of the DPAS test.

(21) Vehicle Registration – A vehicle owned or leased by the CDS or CTDS that is registered with the department to provide driving instructions.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.002 General Regulations.

(1) No employee of the Department or immediate family member of a Department employee shall be connected in any capacity with any CDS or CTDS in accordance with Section 112.313(7), Florida Statutes.

(2) A CDS shall not indicate that its program is in any way endorsed by the Department, except to say that it is “licensed.”

(3) A CDS shall not utilize advertising that indicates, in any way, the school can issue or guarantee the issuance of a driver license or imply that the CDS can in any way influence the Department in the issuance of a driver license, or imply preferential or advantageous treatment from the Department can be obtained.

(4) The CDS must notify the Department in writing within ten (10) days of any change in the school owner’s name, the school owner’s address, the school’s name, or the school’s principal place of business address or telephone number.

(5) A duplicate school license or vehicle registration may be issued to a school by submitting a request to the Department on a completed form HSMV 77074S, which is available as provided in Rule 15A-11.014, F.A.C. An affidavit stating that the original document was physically destroyed or lost must accompany the form HSMV 77074S. The fee for issuance of a duplicate certificate shall be two dollars ($2).

(6) A CDS shall sufficiently train its students that do not have a Class “E” driver license to better enable students to safely operate a motor vehicle. The Department may require performance evaluations of a CDS, if the Department determines the school’s driving instruction does not meet this standard.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.003 CDS License Application and Renewal.

(1) The Department oversees and licenses all CDS, except CTDS licensed by the CIE. All private (non-public) CTDS are required to be licensed pursuant to chapter 1005. No person, group, organization, institution, business entity, or corporate entity may engage in the business of operating a driver’s school without first obtaining a license from the Department or from CIE pursuant to Chapter 1005, F.S.

(2) All owners or all officers or partners, desiring to engage in the business of conducting a CDS shall, prior to engaging in such business, secure a License from the Department in the manner prescribed by these rules. Prior to the license being issued, all driving instructors employed by the school must be at least 21 years of age and have successfully completed one of the following:

(a) A Department approved 32 hour DITC in driver education, or the equivalent.

(b) A Department approved DPAS examination for a temporary instructor certificate.

(3) Before any license is issued, an application shall be made in writing on form HSMV77074S, which is available as provided in Rule 15A-11.014, F.A.C., and provide the following:

(a) A driving record from previous state of residence, if a Florida resident for less than one (1) year.

(b) A complete Florida Department of Law Enforcement (FDLE) background check on each owner, partner or officer of the school. Each FDLE background check must have been issued within one year of the date of the school application.

(c) If the applicant has been a Florida resident for less than one (1) year, in addition to the FDLE background check, a complete criminal background check from the previous state of residence must accompany the application and must be issued within one year of the date of the school application.

(d) Conviction of a crime within the last 7 years shall not automatically bar any applicant or licensee from obtaining or continuing a certification. The Department shall consider the type of crime committed, the relevancy to the driver training industry, and the length of time since the conviction, in accordance with Section 112.01(1)(b), F.S.

(4) Every application for a license must be accompanied by a non-refundable application fee of fifty dollars ($50) along with a license fee of two hundred dollars ($200) and shall be paid by money order, certified check or company check, to the Department.

(5) Each original license shall be valid for a period of one year from the date of issuance.

(6) The license shall not be transferable in the event of a change of school ownership. Application for a new license shall be made by the new owner and the old license and all instructor certificates previously issued shall be surrendered to the Department before a license will be issued to the new owner. Additionally, if the school is a previously licensed CTDS, a copy of the new CIE license must be furnished to the Department.

(7) Before granting approval, the Department may conduct an investigation of the applicant. As a part of its investigation, the Department shall determine if there are any complaints pending against the company being purchased or the owner or owners proposed to operate the purchased driver school.

(8) The license must be conspicuously displayed in the Licensee’s principal, and each additional, place of business at all times.

(9) The CDS or CTDS shall agree to permit the Department and its representatives to inspect the school, its public facilities, equipment and records that are required to be maintained in the operation of the school.

(10) The CDS or CTDS shall notify the Department in writing within ten (10) days of any change in the address or employment of the owner, partner, officer, or driving instructor of any CDS or CTDS. Failure to inform the Department of any changes shall be grounds for the Department to issue an order to suspend or cancel the school’s license. In cases involving a CTDS the Department shall notify CIE of the change.

(11) Application for renewal of a CDS license shall be made at least forty-five (45) days prior to the certificate’s expiration date on form number HSMV 77074S, which is available as provided in Rule 15A-11.014, F.A.C., and accompanied by a fee of one hundred dollars ($100) payable to the Department by money order, personal check, certified check or company check. The renewal period for a CDS license is one year. Owners who permit their license to expire shall not be permitted to operate their school and shall have to apply for a new license as set forth above.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.004 Offices and Instruction Facilities.

(1) A CDS shall operate from an office in the following manner:

(a) It must establish and maintain a principal place of business in the State of Florida which shall not be connected to any residence. A CDS must establish and maintain a permanent mailing address.

(b) It shall ensure that its principal place of business is safe and meets all requirements of state and federal law and local ordinances.

(c) No CDS facility shall be established within 300 feet of any government building or portion thereof used for the purpose of conducting driver license examinations.

(d) It must permit the Department to inspect its meeting facilities upon reasonable notice. A CDS must permit the Department to inspect its classrooms, offices, vehicles, and records at the discretion of the Department.

(e) All classroom facilities must have a minimum of 200 square feet of space or 20 feet of space per student, whichever is greater.

(f) When a CDS advertises or lists a different phone or address, other than the main office, it shall be necessary to establish an additional office in this location.

(2) No CDS shall use, or conduct any business under a name without the approval of the Department. The school shall not use the word “State” in any part of the school name.

(3) Additional offices.

(a) A CDS desiring to open an additional office shall notify the Department in writing and provide proof of ownership, occupancy, or lease of such location. The Department shall be notified and the new location must be approved. The license must be conspicuously displayed in each additional place of business at all times.

(b) Each additional office shall be equipped to and shall perform substantially the same services as the principal place of business. If an additional office is discontinued, the additional office license shall be surrendered to the Department.

(c) Where the owner of a CDS desires to conduct business in an additional office under an adopted name and the additional office is to be located a county other than that in which the principal place of business is located, the owner must submit with his application, a certificate of adopted business name registered with the Department of State.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.045 Program of Instruction and Requirements.

(1) A CDS shall make available theoretical or practical instruction.

(2) Theoretical instruction shall include subject matter relating to rules and regulations of the road, safe driving practices, pedestrian safety and the driver’s responsibility.

(3) Practical instruction shall include a minimum of two hours of driving providing demonstration of and actual instruction in stopping, starting, shifting, turning, backing, parking and steering in a dual controlled vehicle which meets the Department’s requirements.

(4) No CDS or CTDS instructor, employee or agent shall be permitted to use the driving route, on or off the premises of any driver license examining office during the hours when driving tests are being conducted. Violation of this section may be grounds for cancellation or suspension.

(5) No CDS or CTDS instructor, employee or agent shall accompany any student into a driver license examining office to assist the student during the actual taking of a driver’s license examination. Violation of this section may be grounds for cancellation or suspension.

(6) All instructors shall ascertain, before giving driving instruction, that the student possesses a valid learner’s permit issued by the Department or another jurisdiction for the purpose of learning to drive.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.005 CDS Records Retention.

(1) Every CDS shall maintain a permanent file, or computerized database setting forth the name, address, contract number and terms of payment, with respect to every person giving lessons, lectures, tutoring, instruction of any kind, or any other services relating to instructions in the operation of a motor vehicle. The file shall also contain records showing the date, type, and duration of all lessons, lectures, tutoring and instructions including the name of the instructor giving such lessons and the tag number, make and model of vehicle used to conduct the road test.

(2) A record of all receipts and disbursements for the last three (3) years.

(3) A duplicate copy of every contract entered between the school and every person taking lessons, lectures, tutoring and instructions relating to the operation of a motor vehicle. The original contract shall be given to the student taking instructions and a duplicate thereof shall be retained by the school.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.006 Driving Instruction Contracts.

(1) Contracts between the school and students shall be executed in duplicate with the student receiving the original.

(2) A standard contract is hereby adopted including the terminology to be used with a space provided for the advertisement of the school. All driving instruction contracts issued by a CDS shall use the terminology outlined on form HSMV77072S, which is available as provided in Rule 15A-11.014, F.A.C.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.007 CDS Instruction Vehicles.

(1) No vehicle shall be used for instruction unless it has been registered with the Department. The registration shall be carried in the vehicle at all times while driving instructions are being given. When a vehicle is no longer being used by a school, the school shall notify the Department in writing within ten (10) days.

(2) The school must complete the vehicle section of the school application form HSMV77074S or the vehicle registration form HSMV77071S, which are available as provided in Rule 15A-11.014, F.A.C.

The owner shall file with the Department evidence of insurance with a company authorized to do business in this state. The driving school shall furnish evidence of such insurance coverage in the form of a certificate from the carrier, which shall stipulate that the Department shall be notified when the policy expires or if it is cancelled, and shall include make, model, and vehicle identification number. This insurance certificate must reflect the school name as the insured. The insurance certificate must list the Department as the certificate holder.

(3) A CDS must exhibit, on all motor vehicles registered by the Department, a sign identifying the name of the school. This identification may be painted on the front, side or rear of the motor vehicle in at least 2 inch letters. If the identification is not painted on the rear of the motor vehicle, a portable sign with at least 2 inch letters shall be attached securely to the rear bumper or to the top of the motor vehicle so as to be visible from the rear.

(4) Every motor vehicle used for practical driver training shall be registered by the Department unless the student has signed a waiver to use their personal vehicle.

(5) A CDS may provide the option for a student to use their personal vehicle for driving instruction. The Instructor must conduct an inspection of the vehicle and verify that the vehicle has valid registration and insurance coverage. The inspection of the vehicle includes verification that the following items are operable: windshield wipers, glass (clear view from the front, sides and back), horn, rearview mirror, directional signals, head lights, tail lights, brakes lights, brakes, valid license plate, emergency brake, steering wheel (no more than 3” play), tires (that are not bald), and muffler exhaust system firmly attached to the vehicle.

(6) Each school shall be required to pay a non-refundable fee of fifteen dollars ($15) payable to the Department by money order, company check or certified check for each motor vehicle being registered. The vehicle registration shall be valid for one year from the date of approval.

(7) Each school must pay the Department a non-refundable fee of ten dollars ($10) for each motor vehicle registration being renewed. The vehicle registration shall be valid for one year from the date of approval.

Rulemaking Authority 488.02 FS. Law Implemented 488.05 FS. History–New________.

15A-11.008 Soliciting and Advertising.

(1) A school shall not use any name other than its licensed name for advertising or publicity purposes, nor shall a school advertise or imply that it is “supervised”, “recommended” or “endorsed” by the Department. The CDS shall not use the word “STATE” in any part of the school name. Violation of this section may be grounds for cancellation or suspension.

(2) An owner, instructor, agent or employee of a driving school shall not give the impression to a student that upon completion of their course, they will guarantee the securing of a driver license to operate a motor vehicle.

(3) No CDS or CTDS instructor, agent or employee shall solicit business on the premises rented, leased or owned by the Department, including parking lots adjoining driver license examining offices or parking lots used by driver license applicants.

(4) No person shall solicit or act in behalf of any CDS or CTDS without displaying upon request, a valid agent’s identification card or instructor certification issued to such agent by the Department.

(5) School advertisements appearing in publications published outside the county in which the school is located shall specify the address of the school. Violation of this section may be grounds for cancellation or suspension.

Rulemaking Authority 488.02 FS. Law Implemented 488.02 FS. History–New________.

15A-11.009 CDS Instructor Certificate Application and Renewal.

(1) No person shall perform any instructional duties for any CDS or CDTS unless such person meets the qualifications for instructors as herein provided. All instructional personnel must submit an application and possess a valid instructor’s certificate issued by the Department, which shall be carried in the instructional vehicle at all times while driving instructions are being given.

(2) Instructor qualifications.

(a) Every instructor in a school shall be at least twenty-one (21) years of age,

(b) Every instructor shall have a valid Class E driver license before making application for an instructor’s certificate.

(c) Every instructor must maintain, during any consecutive three year period, a driving record which does not include more than three (3) chargeable motor vehicle crashes or violations as defined in Chapter 316, F.S. Any traffic or other violation resulting in suspension or revocation of the driving privilege will automatically cause the suspension of the instructor’s certificate.

(d) An instructor shall not have any physical or mental impediments that prohibit the instructor from satisfactorily providing driving instruction.

(3) All applications for an instructor’s certificate must be answered completely on form number HSMV 77073S, which is available as provided in Rule 15A-11.014, F.A.C., and accompanied by a notarized statement from the owner (unless the owner is making application) of the school listing the person’s name in full, his address, and that said person is or will be employed by the school.

(4) A CDS Instructor must submit a driving record from previous state of residence, if Florida resident for less than one (1) year.

(5) If the applicant has been a Florida resident for less than one (1) year, in addition to the FDLE background check, a complete criminal background check from the previous state of residence must accompany the application and must have been issued within one year of the date of the instructor application. Conviction of a crime within the last 7 years shall not automatically bar any applicant or licensee from obtaining or continuing a certification. The Department shall consider the type of crime committed, the relevancy to the driver training industry, and the length of time since the conviction in accordance with Section 112.01(1)(b), F.S.

(6) All instructors shall have successfully completed a 32 hour DITC in driver education or the equivalent approved by the Department prior to the instructor’s certificate being issued. Documentation of such training shall accompany the application.

(7) Temporary Instructor’s Certificate.

(a) In the event no 32 hour DITC is available, the Department shall issue the instructor a temporary certificate based on satisfactory completion of the DPAS test. The temporary certificate shall be valid until the next 32 hour DITC is offered and shall authorize the instructor to perform practical instructional duties only during this period for a school licensed by the Department. The temporary certificate shall be valid for a maximum of six (6) months from the date of issuance. The Department shall not issue any extensions of the six month term limit, unless written proof of the extenuating circumstance is provided and approved by the Department. The Department shall issue only one, six-month temporary certificate per instructor candidate.

(b) Temporary certificate holders shall be required to take a 32 hour DITC in driver education approved by the Department. Upon successful completion of this course and upon meeting all other instructor qualifications set out by these rules and by Chapter 488, F.S., the Department shall issue to the applicant a regular instructor’s certificate. Failure to complete the required 32 hour DITC will result in the cancellation of the temporary instructor’s certificate.

(8) CDS instructor’s certificates shall be valid for a period of one year from their date of issuance and shall be renewed yearly by applying to the Department on form HSMV77073S at least forty-five (45) days prior to the certificate’s expiration date.

(9) Each original instructor application shall be accompanied by a non-refundable fee of twenty-five dollars ($25) payable to the Department by money order, certified check or company check. The renewal application shall be accompanied by a non-refundable fee of ten dollars ($10) payable to the Department.

(10) All instructors shall be required to attend an eight (8) hour Driver Instructor Refresher Course every five (5) years.

Rulemaking Authority 488.02 FS. Law Implemented 488.04 FS. History–New________.

15A-11.0095 Agent Identification Cards.

Upon application to the Department, an agent shall be issued a card identifying him as an agent of a particular driving school to be used while acting on behalf of the school, if he is otherwise in compliance with these rules. Each original application shall be accompanied by a non-refundable fee of twenty-five dollars ($25) payable to the Department by money order, certified check, or company check. The fee for the renewal application shall be accompanied by a fee of ten dollars ($10) payable to the Department as set forth above. The card shall be valid for a period of one year from its date of issuance and shall be renewed by applying to the Department upon the proper form not later than 45 days prior to the expiration date of the card.

Rulemaking Authority 488.02 FS. Law Implemented 488.04 FS. History–New________.

15A-11.010 Commercial Truck Driver Schools.

All CTDS shall be required to be licensed pursuant to chapter 1005 F.S., and additionally shall be subject to the provisions of Sections 488.04 and 488.05, F.S. No person, group, organization, institution, business entity, or corporate entity may engage in the business of operating a CTDS without first obtaining a license thereof from the Commission for Independent Education pursuant to Chapter 1005, F.S.

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.011 CTDS Instructor Certificate Application and Renewal.

(1) No person shall perform any instructional duties for any CTDS licensed under section 1005 F.S. unless such person shall meet the qualifications for instructors as herein provided. All instructional personnel must submit an application and possess a valid instructor’s certificate issued by the Department, which shall be carried with the instructor at all times while driving instructions are being given.

(2) Instructor qualifications:

(a) Every instructor in a CTDS shall be at least twenty-one (21) years of age.

(b) Every instructor shall have a valid Class A CDL license before making application for an instructor’s certificate.

(c) Every instructor must maintain, during the most recent consecutive three year period, a driving record which does not include more than three (3) chargeable motor vehicle crashes or violations as defined in Chapter 316, F.S. Any violation, resulting in suspension or revocation of the driving privilege will automatically cause the suspension of the instructor’s certificate.

(d) Every instructor shall have a minimum of three years of driving experience as a Class A CDL driver prior to application for an instructor’s license.

(e) An instructor shall not have any physical or mental impediments that prohibit the instructor from satisfactorily providing driving instruction.

(3) All applications for a CTDS instructor’s certificate must be answered completely on form number HSMV 77073S, which is available as provided in Rule 15A-11.014, F.A.C., and meet all the above qualifications and provide a notarized statement from the owner (unless the owner is making application) of the school listing the person’s name in full, his address, and that said person is or will be employed by the school.

(4) A CTDS Instructor must submit a driving record from previous state of residence, if Florida resident for less than one (1) year.

(5) If the applicant has been a Florida resident for less than one (1) year, in addition to the FDLE background check, a complete criminal background check from the previous state of residence must accompany the application and must have been issued within one year of the date of the instructor application. Conviction of a crime within the last 7 years shall not automatically bar any applicant or licensee from obtaining or continuing a certification. The Department shall consider the type of crime committed, the relevancy to the driver training industry, and the length of time since the conviction in accordance with Section 112.01(1)(b), F.S.

(6) All CTDS instructors shall have successfully completed a 32 hour CMV-DITC in driver education or the equivalent approved by the Department prior to the instructor’s certificate being issued. Documentation of such training shall accompany the application.

(7) Temporary Instructor’s Certificate.

Prior to acceptance of a Temporary Instructors Certificate the school must verify that the instructor meets the qualification of an instructor as indicated above.

(a) In the event, no 32 hour CMV-DITC is available, the Department shall issue the instructor a temporary certificate based on satisfactory completion of the DPAS test. The temporary certificate shall be valid until the next 32 hour CMV-DITC is offered and shall authorize the instructor to perform practical instructional duties only during this period for a school licensed by the Department. The temporary certificate shall be valid for a maximum of six (6) months from the date of issuance. The Department shall not issue any extensions of the six month term limit, unless written proof of the extenuating circumstance is provided and approved by the Department. The Department shall issue only one, six-month temporary certificate per instructor candidate.

(b) Temporary certificate holders shall be required to take a 32 hour CMV-DITC in driver education approved by the Department. Upon successful completion of this course and upon meeting all other instructor qualifications set out by Chapter 488 or 1005, F.S., the Department shall issue to the applicant a regular instructor’s certificate. Failure to complete the required 32 hour CMV-DITC will result in the cancellation of the temporary instructor’s certificate.

(8) CTDS instructor’s certificates shall be valid for a period of one year from their date of issuance and shall be renewed yearly by applying to the Department on the prescribed form at least forty-five (45) days prior to the certificate’s expiration date.

(9) Each original instructor application shall be accompanied by a non-refundable fee of twenty-five ($25) dollars payable to the Department by money order, or certified check. The renewal application shall be accompanied by a non-refundable fee of ten dollars ($10) payable to the Department as set forth above.

(10) All instructors shall be required to attend an eight (8) hour CMV-Driver Instructor Refresher Course every five (5) years.

Rulemaking Authority 488.02 FS. Law Implemented 488.04 FS. History–New________.

15A-11.012 CTDS Instruction Vehicles.

(1) No vehicle shall be used for instruction unless it has been issued a federally approved safety inspection and a motor vehicle registration by the Department. The safety inspection and vehicle registration must be carried in the vehicle at all times while driving instructions are being given. When a vehicle is no longer being used by a school, the school shall give the Department written notice of this fact.

(2)To be issued a motor vehicle registration, the school must submit the vehicle registration form HSMV77071S, which is available as provided in Rule 15A-11.014, F.A.C., and comply with the following:

(a) The owner shall file with the Department evidence of insurance with a company authorized to do business in this state. The driving school shall furnish evidence of such insurance coverage in the form of a certificate from the carrier, which shall stipulate that the Department shall be notified when the policy expires or if it is cancelled, and shall include make, model, and vehicle identification number. This insurance certificate must reflect the school name as the insured. The insurance certificate must list the Department as the certificate holder.

(b) Every motor vehicle used for truck driver training shall be owned or leased by the school.

(c) Every motor vehicle used for truck driver training shall be registered by the Department.

(3) The driving school must exhibit, on all motor vehicles registered by the Department, a sign identifying the name of the school licensed by the Commission for Independent Education. This identification may be painted on the front, side or rear of the truck and/or trailer in at least 2 inch letters. If the identification is not painted on the rear of the motor vehicle, a portable sign with at least 2 inch letters shall be attached securely to the rear bumper or to the top of the motor vehicle so as to be visible from the rear.

(4) Each school shall be required to pay a non-refundable fee of fifteen dollars ($15) payable to the Department by money order, or certified check for each motor vehicle being registered. The vehicle registration shall be valid for one year from the date of approval.

(5) Each school must pay to the Department, a non-refundable fee of ten dollars ($10) for each motor vehicle registration being renewed. The vehicle registration shall be valid for one year from the date of approval.

Rulemaking Authority 488.02 FS. Law Implemented 488.05 FS. History–New________.

15A-11.013 Cancellation or Suspension of CDS License, CDS, CTDS Instructor’s Certificate or Agent’s Card.

(1) Any license, certificate or agents identification card may be cancelled, or suspended by the Department for the purpose of enforcing the safety requirements essential to the purpose of Chapter 488, F.S. The Department shall determine whether to cancel, or suspend based on the severity and frequency of the act or acts committed. Such acts or conditions that warrant cancellation or include, but are not limited to, the following:

(a) The violation of any provision of Chapter 488, F.S., or of any of the rules and regulations of the Department.

(b) The conviction of a felony, or any crime involving violence, dishonesty, deceit, indecency, or immoral conduct. The conviction of such a crime shall result in the permanent cancellation of the license, certificate, or identification card.

(c) The conviction of possession or distribution of illegal alcohol or a Chapter 893, F.S., controlled substance.

(d) The use of alcoholic liquors, morphine, cocaine, or other drugs having similar effects, on the premises of the driver training school or driver license office.

(e) Mental incompetence.

(f) The failure or refusal of a certified instructor, agent or licensed owner or the officers or partners thereof to produce his license, certificate or identification card when requested to do so either by prospective students, student or official of the Department.

(g) The employment of instructors, teachers or agents who have not been approved and certified or issued identification cards by the Department, or giving driving instruction without being certified by the Department.

(h) The instruction of students contrary to the restrictions imposed on the students’ driver’s licenses.

(i) The unauthorized possession of application forms or questionnaires used by the Department or its agents in conducting driver’s license examinations.

(j) Driver License suspended twice (2) for violating Section 324, 318.18, or 322.27(3)(a)-(c), F.S.

(k) Agreeing to fraudulently supply or aid in supplying any person with a driver’s license or identification card.

(l) CDS or CTDS instructor’s driver license revoked for DUI or suspended for habitual traffic offender.

(2) Acts or conditions that warrant suspension include, but are not limited to, the following:

(a) The failure or refusal of the owner or the officers or partners thereof to permit the Department or its representatives to inspect the school or class, or the motor vehicles used to teach its students or to give full information pertaining to any or all items contained in an application form or to its program.

(b)The failure of the owner or the officers or partners thereof to maintain adequate standards of instruction or to secure the services of qualified instructors or to secure the use of equipment sufficient to maintain the school or classes.

(c) The failure to immediately advise the Department of a change in the school’s ownership.

(d) Solicitation of business within 300 feet of the property rented, leased or owned by the Department, including parking lots adjoining driver license examining offices or parking lots used by driver license applicants.

(3) The Department may take emergency suspension or revocation action, without preliminary hearing whenever any school or instructor has knowingly been involved in assisting anyone to obtain a driver’s license fraudulently or otherwise acted in a manner whereby an immediate danger to the public safety would result by delaying such suspension or revocation action as outlined in Section 120.60, F.S.

(4) Prior to any Departmental action against a driver training school license, instructors certificate or agent’s identification card, an administrative hearing shall be offered by the Department and held by the Bureau of Administrative Reviews office to allow the school owner or instructor to show cause why action should not be taken, except as provided in emergency suspension action as outlined in Section 120.60, F.S.

(5) Any applicant for a license, certificate or agents identification card who is denied, suspended or revoked by the Department in accordance with this rule may re-apply for consideration three years after the date of such denial, suspension or revocation.

(6) The Department shall notify CIE if negative action is taken against a truck driver training school or its instructors.

If any of the above acts or conditions involve the owner, or any stockholder, officer or partner thereof the school’s license may be cancelled or suspended. If they involve an instructor, the certification may be cancelled or suspended.

Rulemaking Authority 488.02 FS. Law Implemented 488.06 FS. History–New________.

15A-11.014 Grounds for Cancellation or Suspension Matrix.

Violation	1st Offense	2nd Offense	3rd or Subsequent Offense
Wrongful solicitation 15A-11.013(2)(d)	Warning Letter to School & Instructor.	90 Day Suspension to Certificate Cancellation	Cancellation letter to school & Instructor. BDE records offense. 21 Day appeal process starts
Giving instructions without proper license or certification 15A-11.013(1)(g)	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	If no appeal, memo sent to DL offices notifying of cancellation	N/A
Use of alcohol or controlled substance on CDS or DL property 15A-11.013(1)(d)	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	If no appeal, memo sent to DL offices notifying of cancellation	N/A
Driver license suspended twice for violating F.S. 324, 318.18, 322.27(3)(a)-(c) 15A-11.013(1)(j)	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	If no appeal, memo sent to DL offices notifying of cancellation	N/A
Conviction of Felony or Misdemeanor 15A-11.013(1)(b)	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	If no appeal, memo sent to DL offices notifying of cancellation	N/A
Fraudulently assisting or supplying a person with a driver license 15A-11.013(1)(k)	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	If no appeal, memo sent to DL offices notifying of cancellation	N/A
Driver license revoked for DUI or suspended for habitual traffic offender 15A-11.013(1)(l)	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	If no appeal, memo sent to DL offices notifying of cancellation	N/A
CDS giving instruction on DL exam route during business hours 15A-11.045(4)	Warning letter to School & Instructor.	30 Day suspension	90 Day Suspension to Certificate Cancellation
CDS instructor assisting a student taking an actual driver license examination 15A-11.045(5)	Warning letter to School & Instructor.	Certificate Cancellation. Letter sent to School and Instructor. 21 Day appeal process starts	N/A

 

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

15A-11.015 Forms.

The forms identified by this rule are listed below by number, title, and effective date. Each form is incorporated by reference. Copies may be obtained by contacting the DUI Programs Section, Neil Kirkman Building, Tallahassee, Florida 32399-0571. The following forms are available via our website at http://www.flhsmv.gov/ddl/comschool.html.

(1) Driver Training School Application Form, HSMV Form 77074S (Rev. 11/08),

(2) Instructor/Agent Application Form, HSMV Form 77073S (Rev. 11/08),

(3) Vehicle Registration Application Form, HSMV Form 77071S (Rev. 11/08),

(4) Student Contract Form, HSMV Form 77072S (Rev. 11/08).

Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike McGlockton

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie Jones, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 26, 2008