(1) The following shall subject a course provider to denial of approval of its driver improvement course:

Terms Used In Florida Regulations 15A-8.0092

  • Fraud: Intentional deception resulting in injury to another.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
    (a) Failure to satisfy any course approval requirement in this rule.
    (b) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law.
    (c) Failure to satisfy the effectiveness criteria as outlined in forms HSMV 72908, HSMV 72909, HSMV 72946 or HSMV 72983.
    (d) Conducting a driver improvement course in the State of Florida prior to receiving Department approval.
    (e) Prior revocation of approval of the course by the Department.
    (2) The following shall subject a course provider to suspension of approval of its driver improvement course:
    (a) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law.
    (b) Failure to satisfy the effectiveness criteria as outlined in forms HSMV 72908, HSMV 72909, HSMV 72946 or HSMV 72983.
    (c) Any violation of Fl. Admin. Code Chapter 15A-8
    (3) The following shall subject a course provider to revocation of approval of its driver improvement course:
    (a) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law.
    (b) Failure to satisfy the effectiveness criteria as outlined in forms HSMV 72908, HSMV 72909, HSMV 72946 or HSMV 72983.
    (c) Any violation of Fl. Admin. Code Chapter 15A-8
    (d) Any second or subsequent suspension of course approval.
    (e) Obtaining course approval by fraud or misrepresentation.
    (f) Obtaining or assisting a person to obtain any driver license by fraud or misrepresentation.
    (g) Conducting a driver improvement course in the State of Florida while approval of such course is under suspension.
    (4) The Department shall summarily suspend approval of any driver improvement course without preliminary hearing for the purpose of protecting the public safety and enforcing any provision of the Florida Statutes governing driver improvement courses, or any provision of Fl. Admin. Code Chapter 15A-8
    (5) Except as otherwise provided in this rule, prior to final Department action denying, suspending or revoking approval of a driver improvement course, the course provider shall have the opportunity to request either a formal or informal administrative hearing to show cause why the action should not be taken.
Rulemaking Authority Florida Statutes § 322.02(4). Law Implemented Florida Statutes § 318.1451. History-New 5-7-96.