(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following:
(a) A crash involving death or a bodily injury requiring transport to a medical facility;
(b) A second crash by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500; or
(c) A third crash by the same operator within 36 months after the first crash.
(2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(a) or paragraph (1)(b), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The department shall include in the course curriculum instruction specifically addressing the rights of vulnerable road users as defined in s. 316.027 relative to vehicles on the roadway. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
(3) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(c), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The course must include behind-the-wheel instruction and an assessment of the operator’s ability to safely operate a motor vehicle. Successful completion of a behind-the-wheel examination is required in order to receive completion credit for the course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
(4)(a) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
(b) Any operator who receives a traffic citation for a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or s. 316.192, for which the court withholds adjudication, is not required to attend a driver improvement course, unless the court finds that the nature or severity of the violation is such that attendance to a driver improvement course is necessary. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
(c) Any operator who receives a traffic citation for a violation of s. 316.172, for which the court withholds adjudication, is required to attend a driver improvement course. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
(5) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, crash avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.
History.—s. 27, ch. 90-119; s. 72, ch. 94-306; s. 280, ch. 99-248; s. 5, ch. 2005-194; s. 3, ch. 2009-138; s. 9, ch. 2009-183; s. 12, ch. 2010-198; s. 3, ch. 2014-225; s. 5, ch. 2022-180.
Structure Florida Statutes
322.02 - Legislative Intent; Administration.
322.0255 - Florida Motorcycle Safety Education Program.
322.03 - Drivers Must Be Licensed; Penalties.
322.031 - Nonresident; When License Required.
322.032 - Digital Proof of Driver License or Identification Card.
322.04 - Persons Exempt From Obtaining Driver License.
322.05 - Persons Not to Be Licensed.
322.051 - Identification Cards.
322.058 - Suspension of Driving Privilege Due to Support Delinquency; Reinstatement.
322.059 - Mandatory Surrender of Suspended Driver License and Registration.
322.0602 - Youthful Drunk Driver Visitation Program.
322.065 - Driver License Expired for 6 Months or Less; Penalties.
322.07 - Instruction Permits and Temporary Licenses.
322.08 - Application for License; Requirements for License and Identification Card Forms.
322.081 - Requests to Establish Voluntary Checkoff on Driver License Application.
322.09 - Application of Minors; Responsibility for Negligence or Misconduct of Minor.
322.091 - Attendance Requirements.
322.095 - Traffic Law and Substance Abuse Education Program for Driver License Applicants.
322.10 - Release From Liability.
322.11 - Revocation of License Upon Death of Person Signing Minor’s Application.
322.12 - Examination of Applicants.
322.121 - Periodic Reexamination of All Drivers.
322.125 - Medical Advisory Board.
322.126 - Report of Disability to Department; Content; Use.
322.13 - Driver License Examiners.
322.135 - Driver License Agents.
322.14 - Licenses Issued to Drivers.
322.141 - Color or Markings of Certain Licenses or Identification Cards.
322.142 - Color Photographic or Digital Imaged Licenses.
322.143 - Use of a Driver License or Identification Card.
322.15 - License to Be Carried and Exhibited on Demand; Fingerprint to Be Imprinted Upon a Citation.
322.16 - License Restrictions.
322.161 - High-Risk Drivers; Restricted Licenses.
322.1615 - Learner’s Driver License.
322.17 - Replacement Licenses and Permits.
322.18 - Original Applications, Licenses, and Renewals; Expiration of Licenses; Delinquent Licenses.
322.19 - Change of Address or Name.
322.20 - Records of the Department; Fees; Destruction of Records.
322.201 - Records as Evidence.
322.202 - Admission of Evidence Obtained From the Division of Motorist Services.
322.21 - License Fees; Procedure for Handling and Collecting Fees.
322.22 - Authority of Department to Cancel or Refuse to Issue or Renew License.
322.221 - Department May Require Reexamination.
322.23 - Suspending Privileges of Nonresidents and Reporting Convictions.
322.24 - Suspending Resident’s License Upon Conviction in Another State.
322.25 - When Court to Forward License to Department and Report Convictions.
322.2505 - Court to Forward License of Person Adjudicated Incapacitated to Department.
322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.
322.26 - Mandatory Revocation of License by Department.
322.2615 - Suspension of License; Right to Review.
322.26151 - Review of Materials Submitted by Law Enforcement Officer.
322.2616 - Suspension of License; Persons Under 21 Years of Age; Right to Review.
322.264 - “Habitual Traffic Offender” Defined.
322.27 - Authority of Department to Suspend or Revoke Driver License or Identification Card.
322.271 - Authority to Modify Revocation, Cancellation, or Suspension Order.
322.2715 - Ignition Interlock Device.
322.274 - Automatic Revocation of Driver License.
322.276 - Out-of-State Sanctions; Issuance of License.
322.28 - Period of Suspension or Revocation.
322.283 - Commencement of Period of Suspension or Revocation for Incarcerated Offenders.
322.29 - Surrender and Return of License.
322.292 - Dui Programs Supervision; Powers and Duties of the Department.
322.293 - Dui Programs; Assessment; Disposition.
322.32 - Unlawful Use of License.
322.33 - Making False Affidavit Perjury.
322.34 - Driving While License Suspended, Revoked, Canceled, or Disqualified.
322.341 - Driving While License Permanently Revoked.
322.35 - Permitting Unauthorized Minor to Drive.
322.36 - Permitting Unauthorized Operator to Drive.
322.37 - Employing Unlicensed Driver.
322.38 - Renting Motor Vehicle to Another.
322.41 - Local Issuance of Driver Licenses Prohibited.
322.42 - Construction of Chapter.
322.44 - Driver License Compact.
322.45 - Department of Highway Safety and Motor Vehicles; Duty.
322.46 - Compact Administrator.
322.47 - Executive Head Defined.
322.48 - Review of Employee’s Acts.
322.50 - Nonresident Violator Compact.
322.52 - Conflict With Other Laws.
322.53 - License Required; Exemptions.
322.56 - Contracts for Administration of Driver License Examination.
322.57 - Tests of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.
322.59 - Possession of Medical Examiner’s Certificate.
322.61 - Disqualification From Operating a Commercial Motor Vehicle.
322.62 - Driving Under the Influence; Commercial Motor Vehicle Operators.
322.63 - Alcohol or Drug Testing; Commercial Motor Vehicle Operators.
322.65 - Driver License Record Exchange.
322.66 - Vehicles Permitted to Be Driven During Driving Skills Tests.