New BDI Completion Requirements

New rules regarding the completion of Basic Driver Improvement courses went into effect October 1, 2009. The good news is that this change does not require Florida traffic schools to modify their operations in any way. Better still, the new regulations should increase the number of drivers who are required to complete this form of traffic safety instruction. This benefits not only providers of defensive driving courses, but — more importantly — the driving public!

The notification regarding the new requirements is as follows:

House Bill 481 modified F.S. 322.0261(4) to state:

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. 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.

Facts:

• The Department now requires any operator convicted of running a red light, running a stop sign, passing a stopped school bus, racing on a highway, spectator of racing on a highway, or reckless driving to complete a Department-approved 4-hour Basic Driver Improvement (BDI) course.


• All drivers, even CDL holders, are required to complete this course.


• All drivers, except CDL holders and those convicted of 316.172(1)(b), may elect to attend a BDI course in lieu of points; this election will also satisfy the requirements of s. 322.0261(4). Therefore, if the driver elects to attend school for one of the above violations, the Department will withhold points and count that election as having satisfied the requirements of 322.0261(4).


• If the driver does not elect to attend school, the Department will automatically generate a notice advising the violator that they must complete a BDI course within 90 days from the date of the notice. This notice is generated and sent to the customer upon conviction information received from the Clerk of Court.