Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.005 - Licensure: Requirements and Limitations

Current through Reg. 50, No. 138; July 16, 2024
(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 DUI program must submit for approval at least
				one (1) classroom location in each county within the judicial circuit where the
				program's Florida principal business office is located as designated on the
				program license. Programs that applied for licensure by the Department on or
				before January 1, 1994, shall not be required to locate classrooms in counties
				where other licensed programs have approved classrooms. After joint
				consultation between the program, Department, and chief judge of the circuit,
				the Department may determine that the classroom located in each county of the
				judicial circuit is not financially feasible, and not required. The
				determination of financial feasibility shall be based on the cost to the
				program in establishing and maintaining a classroom in each county of the
				judicial circuit and the number of clients expected to utilize the
				classroom(s). The Department will consider offsetting the revenues generated in
				a more populous county against revenues projected to be generated in a lesser
				populated county in the circuit. Consideration will be given to the distance
				between existing DUI programs. The Department will also consider the desires of
				the chief judge in deciding whether to grant a waiver. Effective October 1,
				1994, programs in operation as of January 1, 1994, shall not locate new
				classrooms in counties served by another existing program until on or after
				October 1, 1998.
(2) The Department
				must be notified on Notice of Change Form, HSMV Form 77006, incorporated by
				reference in Rule  15A-10.043, F.A.C., within ten
				(10) days of any changes in the information included in the original
				application for a DUI program license. Such changes shall be deemed approved by
				the Department unless the DUI program is otherwise notified within 30 days of
				receipt of HSMV Form 77006 by the DUI Programs Section.
(3) Renewal. Each license must be renewed
				every three (3) years in the manner prescribed, and on a Driving Under the
				Influence License Renewal Form, HSMV Form 77036, incorporated by reference in
				Rule  15A-10.043, F.A.C., provided by
				the Department.
(a) It shall be the
				responsibility of the program manager to submit the Driving Under the Influence
				Licensure Renewal Form, HSMV Form 77036, and all other required items at least
				thirty (30) days prior to the date of expiration to the Department. Failure to
				submit the HSMV Form 77036, at least thirty (30) days prior to the expiration
				of the license will require that the program submit an Application For
				Licensure As A Driving Under The Influence (DUI) program, HSMV Form 77035,
				which will be considered under the rules then in force with regard to new
				applicants.
(b) Any program which
				allows its program's license to expire will not be permitted to operate
				subsequent to the expiration date. A complete application for a new license
				must be submitted on HSMV Form, 77035 incorporated by reference in Rule
				 15A-10.043, F.A.C.
(c) Where the program has timely submitted a
				renewal application, HSMV Form 77036 and prior to final action on the
				application, the program's license shall be extended for a period of thirty
				(30) days by the Department. If the application is denied, an application for a
				new license may not be submitted for a period of one hundred eighty (180)
				days.