Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.019 - Client Transfers

Current through Reg. 50, No. 138; July 16, 2024
(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 Record, HSMV Form 77009, incorporated by
				reference in Rule  15A-10.043, F.A.C., or
				Interstate DUI Transfer Form, HSMV Form 77040, incorporated by reference in
				Rule  15A-10.043, F.A.C., and copies
				of available client records to the receiving program by certified mail. If the
				client fails to enroll at the receiving program within 90 days of the date of
				the transfer, the receiving program shall submit the Student Status Report,
				HSMV 77057 to the Department, with a copy sent to the referring program,
				indicating the client's failure to complete. All costs for certified mail shall
				be the responsibility of the client. The state assessment fee shall not be
				collected until the client enrolls in a Florida DUI program. The transfer fee
				shall be the standardized, Department approved fee. The receiving program is
				responsible for notification to the Department upon the client's completion of
				the program, including required treatment completion if applicable, unless
				otherwise agreed by the two programs. In all instances, the original program
				shall ensure that the receiving program in another state is approved by that
				state prior to completing the transfer.
(2) If a client who has enrolled requests a
				transfer prior to completing the entire series of assigned classes or the
				evaluation due to change of residence from the geographic area served by the
				program, the original program shall send the Client Transfer Record, HSMV Form
				77009, the Request to Release or Obtain Information, HSMV Form 77011, and a
				copy of the client record to the receiving program by certified mail. If the
				client fails to enroll at the receiving program within 90 days of the date of
				the transfer, the receiving program shall submit the Student Status Report,
				HSMV Form 77057 to the Department, with a copy sent to the referring program,
				indicating the client's failure to complete. The fee for the service being
				transferred shall not be refunded until the client successfully completes all
				components and treatment requirements. The refund shall be the balance of the
				program fee excluding the cost of services already received, the cost of DHSMV
				records, the state assessment fee, DRI fee, and the standardized, Department
				approved administrative refund fee. The receiving program shall be responsible
				for notifying the Department upon completion of the program unless otherwise
				agreed by the programs involved.
(3) If a client changes residence from the
				geographic area served by the enrolling program prior to beginning or
				completing treatment, it is the client's responsibility to notify the original
				DUI program of the relocation. If contracted by the client, the DUI program
				serving the client's new county of residence, employment, or school attendance,
				shall instruct the client to notify the original DUI program of the change. If
				the new program elects to contact the original program for the client, an
				executed Request to Release or Obtain Information, HSMV Form 77011, must be
				obtained and no fee is charged. The state assessment fee shall not be collected
				by the new program. The original DUI program may work with the new DUI program
				to identify an appropriate treatment provider in the area of the client's
				relocation. The receiving DUI program shall be responsible for notifying the
				Department of the client's completion status unless otherwise agreed by the
				programs involved.
(4) If a client
				contacts a DUI program for the name and telephone number of a DUI program in
				the area of a client's residence, employment, or school attendance, and there
				is no court order requiring tracking by the original DUI program, this is not a
				client transfer. In such cases, the client is given the information, a fee is
				not charged, and the state assessment fee is not collected by the program
				providing the information.
(5) If
				the client has paid the state assessment fee at the transferring program, such
				assessment shall not be collected at the receiving
				program.
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95, Amended
					 3-4-97.