Florida Administrative Code

Rulemaking Authority 322.02, 322.13 FS. Law Implemented 322.13(1)(b)1., 2. FS. History-New 12-22-92, Repealed 6-3-14.

Rulemaking Authority 322.02, 322.13, 322.212, 322.27 FS. Law Implemented 322.13(2), 322.12, 322.27, 322.271, 322.32, 322.33 FS. History-New 12-22-92, Repealed 6-3-14.

Rulemaking Authority 322.02, 732.921(2) FS. Law Implemented 732.915, 732.921 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02, 732.921(2) FS. Law Implemented 732.921(1) FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02, 732.921, 20.05(6) FS. Law Implemented 732.915, 732.921 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02, 732.921 FS. Law Implemented 732.915, 732.921 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 732.921 FS. Law Implemented 732.916, 732.921 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02, 732.921 FS. Law Implemented 732.916, 732.921 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02 FS. Law Implemented 322.08, 322.095 FS. History-New 12-22-92, Repealed 6-3-14.

Rulemaking Authority 322.02 FS. Law Implemented 322.09, 322.0601 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02 FS. Law Implemented 322.141 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02 FS. Law Implemented 322.05, 322.12, 322.121, 322.25 FS. History-New 12-22-92, Repealed 8-5-12.

This rule chapter sets forth the standards for licensing Driving Under the Influence programs, certifying personnel, and regulating the conduct of these programs and courses by the Department of Highway Safety and Motor Vehicles pursuant to Sections 322.292 and 322.293, F.S. Comp…

For the purposes of this chapter, the following words and phrases, whenever used herein, shall have the meaning as is ascribed to them in this section unless where used in the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of whi…

DUI programs recognized, approved, licensed, or certified by another state or country's driver license authority, shall be recognized by the Department as being similar to the Driving Under the Influence program in this State. Rulemaking Authority 322.02, 322.292 FS. Law Implemen…

(1) Application: (a) An application shall be made in writing to the Department on the Application for Licensure as a Driving Under the Influence (DUI) program, HSMV Form 77035, incorporated by reference in Rule 15A-10.043, F.A.C., furnished by the Department. (b) The Department s…

(1) In addition to its principal business office, each DUI program that is licensed to operate in more than one judicial circuit must maintain a business office in any additional circuit where more than 3,000 DUI convictions were reported in the most recent calendar year. Each DU…

In a circuit in which the licensed program is voluntarily relinquishing its license or had its licensure revoked, thereby leaving no program in that circuit, the Department shall notify all programs of the current or impending revocation or surrender of license and accept applica…

(1) In order to assist the Department in a systematic review of each licensed DUI program's compliance with the rules, the DUI Programs Review Board shall conduct periodic on-site visits of all programs as well as unannounced visits. The Review Board shall conduct an on-site visi…

(1) An organization designated as a DUI program shall provide the following functions: administration, registration, enrollment, education, client evaluation, treatment referral, Special Supervision Services, and may elect to provide the Drug, Alcohol, Traffic Education Program (…

(1) Persons who are ordered by the court, pursuant to Section 316.192 or 316.193, F.S., to attend a substance abuse course, or who attend such course after an arrest for Section 316.192 or 316.193, F.S., but prior to conviction, shall attend the DUI program that serves the county…

Each DUI program shall have an operating policies and procedures manual or service specific manuals which shall include comprehensive written step by step procedures covering administration, fiscal matters, governing body, personnel, client file maintenance, certification, educat…

(1) Not-for-profit corporations. (a) The DUI program shall have a Board of Directors. (b) Programs which are operated by a multipurpose corporation shall appoint an advisory committee. (c) The Board of Directors, must: 1. Meet at least quarterly. 2. Ensure compliance with state a…

The DUI program shall submit to the Department a certified financial audit, and an independent auditor's report on compliance with laws, regulations, contracts, and grants related to Rules 15A-10.012, 15A-10.013, 15A-10.014, 15A-10.0141 and 15A-10.0142, F.A.C., which shall be con…

(1) The DUI program shall establish and maintain financial procedures to account for all fees received by the DUI program. The program shall be supported solely from fees received from clients and from in-kind and other contributions. In-kind contributions shall be recorded in ac…

(1) Reasonable Costs. A cost shall be deemed to be a reasonable expenditure for a DUI program if it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining the reasonab…

(1) The registration fees to be charged by DUI programs shall be $165 for Level I and $250 for Level II and will include the State assessment fee. These are the only fees to be charged for providing the Level I and Level II classes except for Department approved ancillary fees. T…

The maximum allowable fee revenue to be retained by the DUI Program for normal operations is the maximum allowable cost plus 10 percent of the maximum allowable costs (i.e., operational expenses in accordance with these rules for the most recently ended fiscal year). Up to 10 per…

Any person seeking a waiver of all or part of the fee for the program shall present documentation of indigency to the program. The program may grant such a waiver if indigency is so established. In no case shall the state assessment be waived. Waiver criteria must be included in …

(1) All ancillary fees must be approved by the Department on the Ancillary Fee Request Form, HSMV Form 77002. (2) If the client appears for a class session or the evaluation after having consumed alcohol or illegal drugs, or abused prescription medication or other substances as e…

The written policies and procedures pertaining to the selection and training of personnel shall include descriptions and documentation of the following: (1) Job classifications, including exempt and non-exempt status, job descriptions, and pay plans. (2) Procedures for personnel …

(1) The policies and procedures for client files shall include the organization, location, and the individuals responsible for the security and maintenance of the client files as well as process and documentation of providing the client with written rules and procedures concernin…

(1) If a client requests a transfer to another Florida location or another state prior to enrollment and the client has been specifically court ordered to the program or the program has agreed to assume tracking responsibilities, the DUI program shall send the Client Transfer Rec…

(1) A DUI program may refuse to enroll any person who is unwilling to comply with the rules and procedures of the program, is unwilling to make full disclosure for purposes of an evaluation, or refuses to participate in the education classes. (2) The program shall dismiss any stu…

(1)(a) The program shall employ only instructors, Special Supervision Services evaluators, clinical supervisors and evaluators who are certified by the Department. (b) Instructors shall possess a bachelor's degree in human services, criminal justice, adult or secondary education,…

(1) Each organization conducting a DUI program shall have sufficient classroom space to comfortably accommodate all students with a minimum of twenty (20) square feet of space per student unless otherwise authorized by local officials. All classrooms will be private with no inter…

The Level I course shall include behavioral objectives for the students. It shall consist of a minimum of 12 hours of classroom instruction including didactic and interactive educational methodologies, and not less than two hours of drug abuse information. The total time for brea…

(1) The standardized Level II curriculum shall be used. It shall be a minimum of twenty-one (21) hours in length. Modifications cannot be used unless approved by the Department utilizing the Criteria Checklist for Level II Curricula, HSMV Form 77049, incorporated by reference in …

(1) Certificates of completion shall not be issued until the education and evaluation components of the DUI program have been completed. The certificates of completion shall contain language to the effect that failure to satisfactorily complete any prescribed treatment may result…

(1) Each DUI program shall provide client evaluation services. The program shall utilize an evaluation manual. An evaluation shall be conducted on all persons enrolled in the DUI program. The component shall include a psychosocial evaluation to determine the existence of a possib…

(1) Each DUI program shall establish a treatment referral system for persons determined to have an alcohol or other substance abuse problem. Twelve step programs and self-help groups shall not be utilized by the DUI program for treatment referrals. The treatment agency may refer …

(1) All administrative rules except Rules 15A-10.003, 15A-10.009, 15A-10.015, 15A-10.016, 15A-10.018, 15A-10.019, 15A-10.023, 15A-10.024, 15A-10.025, 15A-10.026, 15A-10.027 and 15A-10.028, F.A.C., shall apply to the administration of the Special Supervision Services (SSS). (2) Ea…

(1) The applicant shall be evaluated and supervised by the DUI program which serves the county in which the applicant resides, the county in which the applicant is employed or the county in which the applicant attends school unless the program(s) of residence or employment or sch…

(1) Any applicant wishing to contest a DUI program's determination of eligibility, unfavorable initial recommendation or a favorable recommendation contingent upon participation in treatment shall be allowed to appeal such recommendation to any other DUI program licensed by the D…

(1) A case management plan shall be determined after consideration of the initial psychosocial evaluation, and may be revised after consideration of further information obtained from any subsequent visits. (2) The DUI program shall utilize the Periodic Update, HSMV Form 77025, in…

In the event a client in the Special Supervision Services is called to active military duty or assigned temporary duty outside Florida which would interrupt participation in the program, the client may continue in the program for up to 12 months in an interim status without stric…

(1) All clients shall be required to report for individual supervision at least once a month for the first twelve months after acceptance by the Department. The first appointment shall be conducted during the calendar month immediately following the date of the acceptance letter …

(1) Any client failing to appear for a scheduled supervision appointment shall be notified of the missed appointment by certified mail by the end of the following business day. Failure to receive such notice shall not negate the client's responsibility to contact the program to r…

Any violation by a Special Supervision Services client of the Department's terms and provisions of a restricted license, with the exception of substance use, shall, upon conviction, result in a revocation of such license. Reapplication for the reinstatement by the client may be m…

(1) When a client is transferred from one DUI program to another as a result of change in employment, residence, or other reason, the complete original file shall be sent by certified mail, return receipt requested to the receiving program. The DUI program shall utilize the Clien…