Florida Administrative Code

(1) Applicants reading worse than 20/40 in either eye, with or without corrective lenses, are referred to a licensed eye specialist for possible improvement. (2) Applicants reading 20/70 in either eye, with or without corrective lenses, are qualified if vision cannot be improved;…

(1) The following items will be inspected prior to demonstration of driving ability: equipment in safe working condition, including windows and mirrors; horn; headlights, brakelights, tail lights, and directional signals; foot and emergency brakes; tires; windshield wipers; and e…

(1) Any applicant who scores 31 or more penalty points on the Class E driving exam will not qualify for a driver license. Record of Driver Examination (form HSMV-71110, Revised 10/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-04156, and herein incorporated by reference)…

(1) Applicants are required to successfully complete the written test and vision test before being permitted to demonstrate driving ability. (2) Once the written and vision tests have been successfully passed, such tests need not be retaken upon failure of the driving test unless…

Rulemaking Authority 322.02 FS. Law Implemented 322.22, 322.221, 322.29 FS. History-New 11-20-75, Formerly 15A-1.17, Amended 12-22-92, Repealed 6-3-14.

Rulemaking Authority 322.02 FS. Law Implemented 240.265, 322.27, 338.239 FS. History-New 11-20-75, Formerly 15A-1.18, Amended 12-22-92, Repealed 8-5-12.

Any driver whose driver's license has been suspended, revoked, or cancelled for any reason, other than those that are statutorily prohibited, and habitual offenders during the first year of their five year revocation, may apply immediately to the Department for the modification o…

Any person whose driving privilege has been cancelled, suspended or revoked, may petition the Department for an administrative review to present evidence showing why their driving privilege should not have been cancelled, suspended or revoked. Application for such review shall be…

Rulemaking Authority 322.02 FS. Law Implemented 322.17, 322.29 FS. History-New 11-20-75, Formerly 15A-1.20, Amended 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02 FS. Law Implemented 322.22 FS. History-New 11-20-75, Formerly 15A-1.21, Amended 12-22-92, Repealed 6-3-14.

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 History-New 12-22-92, Repealed 6-3-14.

Rulemaking Authority 322.02 FS. Law Implemented 322.07, 322.25, 322.21, 322.28 FS. History-New 12-22-92, Repealed 6-3-14.

Rulemaking Authority 322.02 FS. Law Implemented 316.211, 322.03, 322.12 FS. History-New 12-22-92, Repealed 8-5-12.

Rulemaking Authority 322.02 FS. Law Implemented 322.18, 322.19 FS. History-New 12-22-92, Repealed 6-3-14.

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…