reglab/statecodes huggingface dataset:
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.007 - Review Board and Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(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 visit to each program at least once every 24 months.
				The members of the Review Board shall be paid per diem and travel expenses in
				accordance with Section
				 112.061, F.S. The site visit
				shall be processed in accordance with the Compliance Review, HSMV Form 77038,
				incorporated by reference in Rule
				 15A-10.043, F.A.C., and to
				determine compliance with the rules. The program will receive a written report
				delineating deficiencies and the remedies required to correct those
				deficiencies. The form will also be accompanied by the Site Visit Report, HSMV
				Form 77039, incorporated by reference in Rule
				 15A-10.043, F.A.C. The DUI
				program shall respond in writing documenting correction of those deficiencies
				within thirty (30) calendar days after receipt of the report. The Department is
				authorized to conduct follow-up site visits regarding the satisfaction of those
				deficiencies. The failure to satisfy the deficiencies within the time frame set
				out above will result in suspension or revocation of the DUI program license in
				accordance with Rule  15A-10.041, F.A.C. An appeal of
				a suspension or revocation of a license shall be made in accordance with
				Chapter 120, F.S.
(2) Site visit
				preparation.
(a) The Compliance Review, HSMV
				Form 77038, shall be completed by the DUI program and submitted to the
				Department at least six calendar weeks prior to the site visit.
(b) Additional written information shall be
				provided with the Compliance Review as requested.
(c) Appointments with specified organizations
				and persons shall be scheduled by the DUI program manager as
				required.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.008 - Organizational Structure

Current through Reg. 50, No. 138; July 16, 2024
(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 (D.A.T.E.). Subcontracting of any of
				these functions is prohibited.
(2)
				The DUI program shall designate a specific staff member to serve as a liaison
				to the court and probation services.
(3) The DUI program shall be operated by a
				governmental or not-for-profit organization pursuant to IRS
				classification.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.095,
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.009 - Program Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
(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 of that
				person's residence, employment, or school attendance unless the program(s) of
				residence, employment, or education do(es) not object to attendance at another
				program for the convenience of the client.
(a)
				Out-of-state residents may attend an out-of-state substance abuse program
				provided that such program has reciprocal recognition as stated in Rule
				 15A-10.003,
				F.A.C.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.010 - Operating Policies and Procedures Manual(s)

Current through Reg. 50, No. 138; July 16, 2024
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, educational
				  services, evaluation, treatment referral, court, and Special Supervision
				  Services. The manual(s) shall be approved by the organization's Board of
				  Directors or advisory committee where no board is required.
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.011 - Board of Directors or Advisory Committee

Current through Reg. 50, No. 138; July 16, 2024
(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 and federal
				laws and regulations.
3. Ensure no
				voting member of the Board of Directors is a paid employee of the
				program.
(d) If an
				advisory committee is utilized, it must:
1.
				Meet at least quarterly.
2. Report
				to Board of Directors and the DUI program following each meeting.
3. Ensure no voting member of the advisory
				committee is a paid employee of the program.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.013 - Financial Procedures and Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(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 accordance with the definition in subsection
				 15A-10.002(18),
				F.A.C. All fees shall be used solely for the operation of the program except as
				otherwise provided in Rule
				 15A-10.0142, F.A.C. Cash or
				other assets earned or received by the DUI program may not be loaned or used
				for any other purpose. The program may maintain a cash reserve as defined in
				subsection  15A-10.002(6),
				F.A.C.
(2) The state assessment fee
				shall be collected from each person enrolling in the DUI program and shall be
				submitted to the Department within thirty (30) days following the last day of
				the month in which the assessment was collected. The fee shall be submitted
				with the complete Assessment Fee Report Form, HSMV Form 77007, incorporated by
				reference in Rule  15A-10.043, F.A.C. The state
				assessment fee is part of the total fee and is not an ancillary
				fee.
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.014 - Cost Standards and Allocations

Current through Reg. 50, No. 138; July 16, 2024
(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 reasonableness of a given cost, consideration shall be
				given to:
(a) Whether the cost is of a type
				generally recognized as ordinary and necessary for the operation of an
				organization in the public sector which performs similar functions or which is
				staffed with similarly classified personnel.
(b) The restraints or requirements imposed by
				such factors as generally accepted sound business practices, arms length
				bargaining, and federal and state laws and regulations.
(c) Whether the individuals concerned acted
				with prudence in the circumstances, considering their responsibilities to the
				organization, its employees, its clients, and the public at
				large.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.0141 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(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.
				These fees, not including the State assessment fee, will increase each year on
				October 1, by the lessor of three percent or the percentage increase (if any)
				in the Consumer Price Index as determined by the U.S. Department of Labor for
				the twelve month period ending on the preceding June 30, rounded to the nearest
				five dollars. Any program that is charging more than the above-specified fees
				on the effective date of this rule may continue to utilize those fees, without
				any increase, until such time as the fees specified herein, as adjusted, exceed
				the fees charged by the program.
(2) The standardized Department approved
				ancillary fees which shall be charged to students, with the exclusion of those
				circumstances referenced in subsection
				 15A-10.016(2),
				F.A.C., are:
(a) Driver Risk Inventory (DRI)
$5.00
(b) Evaluation not associated with enrollment in the
							 complete program
$75.00
(c) First Level I course reassignment within ninety
							 days of enrollment
$40.00
(d) Second Level I course reassignment within ninety
							 days of enrollment
$75.00
(e) Third Level I course reassignment within ninety
							 days of enrollment
$153.00
(f) First Level I evaluation reassignment within
							 ninety days of enrollment
$75.00
(g) Second Level I evaluation reassignment within
							 ninety days of enrollment
$153.00
(h) Any Level I reassignment which occurs more than
							 ninety days after enrollment
$165.00
(i) First Level II course reassignment within ninety
							 days of enrollment
$60.00
(j) Second Level II course reassignment within ninety
							 days of enrollment
$120.00
(k) Third Level II course reassignment within ninety
							 days of enrollment
$238.00
(l) Any Level II course reassignment which occurs
							 more than ninety days after enrollment
$250.00
(m) Transfer Fee
$25.00
(n) Administrative Refund Fee
$25.00
(o) Processing a Referral to a Different Treatment
							 Agency
$15.00
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.0142 - Revenue Limitation

Current through Reg. 50, No. 138; July 16, 2024
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 percent of fee
				  revenues above maximum allowable costs may be placed in a cash reserve account
				  each year for the purpose of providing emergency reserves for the program
				  should the DUI program experience a downward economic spiral, and to allow the
				  program to purchase assets which increase efficiency or decrease cost. Total
				  cash reserves may not exceed 50 percent of the program's operational expenses
				  for the most recently ended fiscal year. The purchase of assets from the cash
				  reserve fund must be approved by the DUI program Board of Directors and the
				  Chief Judge of the Circuit where the DUI program is principally located.
				  Revenues in excess of the maximum allowable for normal operations or cash
				  reserve fund may be applied to substance abuse treatment programs for DUI
				  offenders, substance abuse prevention programs, or fee waivers for indigent
				  clients or clients unable to pay for DUI program participation, in the fiscal
				  year after the fiscal year in which the revenues were realized, if approved by
				  the DUI program Board of Directors and the Chief Judge of the Circuit where the
				  DUI program is principally located. Absent the above approval and usage of the
				  excess revenues, such revenues shall be paid into the DUI Trust Fund by the end
				  of the fiscal year after the year in which they were realized. The annual audit
				  report shall include a report on the use of such excess revenues. The expenses
				  associated with these revenues shall not be recorded as normal operating
				  expenses of the DUI program.
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.015 - Fee Waiver

Current through Reg. 50, No. 138; July 16, 2024
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 the program's
				  operating policies and procedures manual.
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.016 - Ancillary Fees

Current through Reg. 50, No. 138; July 16, 2024
(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 evidenced by possession,
				behavior, odor, observation of consumption, or the student's own admission; or
				acts in a disruptive manner, resulting in dismissal from the class session or
				evaluation, the client shall be required to pay the maximum Department approved
				reassignment fee and reschedule the entire set of class sessions or evaluation.
				Such fee shall not exceed the standardized Department approved fee to be
				charged for services provided beyond 90 days of original enrollment. A Student
				Observation/Incident Report, HSMV Form 77008, incorporated by reference in Rule
				 15A-10.043, F.A.C., recording
				the date, staff person, student, and incident shall be required whenever a
				client is dismissed from a class and shall be maintained for two
				years.
(3) Reassignments:
(a) Each DUI program shall provide each
				client with a schedule of assigned class or evaluation sessions at the time of
				registration.
(b) If the client
				contacts the program at least five (5) business days prior to the date the
				class session or evaluation is scheduled to be conducted and asks to be
				reassigned, the client shall be reassigned to another series of class sessions
				or evaluation without fee. No more than two reassignments under this paragraph
				shall be allowed during any ninety day period;
(c) If the client contacts the program at
				least forty eight (48) hours after the date the class session or evaluation was
				scheduled and asks to be reassigned for exceptional circumstances, the client
				shall be reassigned to another series of class sessions or evaluation without
				fee. Exceptional circumstances must be documented by the client and involve
				situations that are beyond the client's control and were unknown to the client
				at the time of enrollment, such as natural disaster, serious illness or death
				in the client's immediate family, or serious illness requiring hospitalization
				of the client, as documented by the attending physician.
(d) Any client who does not request
				reassignment as set forth above shall be subject to the applicable reassignment
				fees.
(e) Any client who is late
				for a class session or evaluation shall be deemed as having missed such class
				session or evaluation. Such person must request reassignment and shall pay the
				applicable reassignment fee.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.017 - Personnel Policies and Procedures

Current through Reg. 50, No. 138; July 16, 2024
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 selection and appointment.
(3) Insurance plans as required by state and
				federal law.
(4) Procedures for
				establishing and maintaining personnel records.
(5) Requirements that all instructors,
				evaluators, Special Supervision Services Evaluators, and clinical supervisors
				be certified by the state and attend biennial mandatory training.
(6) Annual and sick leave
				policy.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.018 - Client Files

Current through Reg. 50, No. 138; July 16, 2024
(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
				concerning confidentiality, the processing of release forms, and the
				administering of the psychosocial evaluation.
(2) The client file shall include the
				following:
(a) A form containing demographic
				data using the Client Data Information and Interview, HSMV Form 77004,
				incorporated by reference in Rule
				 15A-10.043, F.A.C.
(b) The program's rules and regulations form
				shall be signed by the student with the original placed in the client file and
				a duplicate provided to the client. Students who are unable to read shall be
				verbally provided with the information. Client rules and regulations shall
				include:
1. The requirements for course
				completion including requirements for those with a valid administrative
				suspension and those enrolling in pre-conviction status.
2. Breach of enrollment agreement, including
				all reasons for having to reassign and any fees charged for
				reassignment.
3. The transfer
				policy and fee.
4. All fees for all
				services in the program.
5.
				Statement on confidentiality regulations.
6. Psychosocial evaluation process and
				objectives.
(c) Client
				Tracking Form, HSMV Form 77003 which must contain significant dates and
				contacts with the client, other service providers, significant others, and
				significant events.
(d) Student
				Observation/Incident Report, HSMV Form, 77008, where applicable.
(e) Treatment Referral and/or Documentation,
				HSMV Form 77005.
(f) Client Data
				Information and Interview, HSMV Form 77004.
(g) Original Driver Risk Inventory (DRI)
				answer sheet.
(h) Documentation of
				Court and Department communication which can be documented on the Client
				Tracking Form, HSMV Form 77003.
(i)
				Driver record and arrest record. A lifetime driver record is required where it
				is available.
(j) Client Transfer
				Record, HSMV Form 77009, incorporated by reference in Rule
				 15A-10.043, F.A.C., where
				applicable.
(k) Interstate DUI
				Transfer Form, HSMV Form 77040, incorporated by reference in Rule
				 15A-10.043, F.A.C., where
				applicable.
(l) Feedback, HSMV Form
				77031.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.020 - Fee Revisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95, Repealed
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.021 - Student Conduct

Current through Reg. 50, No. 138; July 16, 2024
(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 student
				from the premises who is believed to have consumed alcohol or illegal drugs, or
				abused prescription medication or any other substance as evidenced by
				possession, behavior, odor, observation of consumption or the student's own
				admission; who arrives late for an appointment or arrives for class after the
				roll call, who disrupts an evaluation session or disrupts the class. Behavior
				resulting in dismissal from class shall be documented on Student
				Observation/Incident Report, HSMV Form 77008 and documented on the Incident
				Log, HSMV Form 77016. Behavior resulting in dismissal from the evaluation shall
				be documented on Client Tracking Form, HSMV Form 77003 and Incident Log, HSMV
				Form 77016.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.022 - Personnel Certification

Current through Reg. 50, No. 138; July 16, 2024
(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,
				traffic safety, nursing or a doctorate in medicine (M.D.). They shall possess a
				minimum of four thousand hours of experience in human services, criminal
				justice, education, traffic safety or medical care. The experience requirement
				may be satisfied by direct service delivery, administration, or teaching. A
				master's degree in human services, criminal justice, adult or secondary
				education, traffic safety, nursing or a doctorate in medicine (M.D.) may be
				substituted for two thousand hours of experience. A Certified Addiction
				Professional (CAP) status, a Certified Criminal Justice Addiction Professional
				(CCJAP) status or fourteen thousand hours of experience in human services may
				be substituted for a degree that is not in human services, but shall not
				preclude the requirement for a minimum of a bachelor's degree. Each beginning
				instructor shall complete 20 hours of Department provided preservice training.
				The preservice training requirement shall also include documentation of the
				observation of an entire twelve hour course. If the person will teach Level II,
				documentation of the observation of an entire twenty-one hour course is
				required. The Preservice Instructor Training Documentation, HSMV Form 77041,
				incorporated by reference in Rule
				 15A-10.043, F.A.C., verifying
				the observation of these classes must be received prior to the issuance of
				standard certification. Each certified instructor shall complete a minimum of
				24 hours of Department approved training biennially to maintain
				certification.
(c) For Level II
				Instructor certification, two hundred fifty two hours of group experience must
				be documented on the Application for DUI Personnel Certification, HSMV Form
				77042, incorporated by reference in Rule
				 15A-10.043, F.A.C. The group
				experience must be clinical or therapeutic. If didactic, such experience must
				be in a substance abuse or mental health setting. The applicant's role in the
				group must be as the group leader or co-leader. The applicant shall provide the
				specific number of hours of experience, if the group is open or closed, the
				various stages of group growth that were facilitated and the group skills used
				shall also be described in detail.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.023 - Education

Current through Reg. 50, No. 138; July 16, 2024
(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
				interference. Restroom facilities must also be available. Students shall be
				scheduled for class within the briefest period of time consistent with fiscal
				constraints.
(2) The instructor
				shall provide students with appropriate handouts. Each instructor shall have a
				comprehensive curriculum guide for each course. The administration shall ensure
				that communication occurs between the evaluator and instructor on individual
				students, as needed toward a final disposition. Such communications shall be
				documented in the client file.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.024 - Level I Course

Current through Reg. 50, No. 138; July 16, 2024
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 breaks
				  made available to students shall not exceed eighty (80) minutes per twelve (12)
				  hours of the Level I course. Classes are limited to an average attendance of
				  thirty (30) students, not to exceed thirty-five (35) enrollees. The course
				  shall have a curriculum consisting of the following elements:
(1) Orientation.
(2) Definition of the DUI problem.
(3) Law enforcement role.
(4) Judicial role.
(5) Department of Highway Safety and Motor
				Vehicles role.
(6) Physiological
				effects of alcohol and other drugs on the body and their relationship to the
				driving task.
(7) Sociological
				effects of alcohol and other drug abuse.
(8) Causative factors underlying alcohol and
				other drug abuse.
(9) Community
				treatment services.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292
					 FS.
New 1-4-95.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.025 - Level II Course

Current through Reg. 50, No. 138; July 16, 2024
(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 Rule  15A-10.043, F.A.C.
(2) The total time for breaks made available
				to students shall not exceed one hundred forty (140) minutes per twenty one
				(21) hours of the Level II course. Attendance shall be determined if the person
				has previously attended the Level I class or has been convicted two or more
				times of an offense requiring DUI program attendance. If attending in
				pre-conviction status, attendance at Level II will be made if Level I has
				already been completed. If a client is convicted of another offense while
				attending the Level I program he must complete both that Level I and a Level II
				program before receiving a certificate of completion. A second evaluation shall
				be conducted if the client was not referred to treatment as a result of the
				first evaluation. The course shall be taught by using primarily interactive
				educational techniques in a group consisting of an average of 15
				people.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.026 - Certificates of Completion and Student Status Report, HSMV Form 77057

Current through Reg. 50, No. 138; July 16, 2024
(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 in the cancellation of the driver license. Only HSMV Form 77057, the
				certificate of completion or letter of completion from a licensed DUI program
				will be accepted by the Department as proof of completion of all DUI program
				requirements.
(2) Education and
				evaluation components shall be completed within 90 days of enrollment. If a
				client fails to complete either or both of the components by the end of that 90
				day period, the program shall submit the Student Status Report, HSMV Form 77057
				to the Department indicating that the client has failed to complete DUI. If a
				client returns to the program more than 90 days after the original enrollment
				to complete the program, the client shall be required to pay the entire
				registration fee and complete both the education and evaluation
				components.
(3) A client who
				completed the education and evaluation components but failed to complete
				required treatment shall be required to complete only treatment upon return to
				the program. The program shall submit the HSMV Form 77057 to the Department
				once treatment has been completed.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 316.193,
					 322.271,
					 322.291,
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.028 - Treatment Referral

Current through Reg. 50, No. 138; July 16, 2024
(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 clients to twelve step programs and
				self-help groups. The client shall be given a listing of approved providers
				with identifying information on location, fees, intake procedures and criteria
				for admission. The client shall be free to choose the treatment agency. An
				appointment with a treatment agency must be scheduled by the client within
				twenty (20) days following the evaluation.
(2) The program shall maintain a policies and
				step by step procedures manual which may be included as part of the operating
				policies and procedures manual, and shall deal with the following matters:
(a) Treatment referral;
(b) Follow-up process including the receipt
				of client information from the treatment agency;
(c) Client grievances;
(d) Written agreements or
				contracts;
(e) Listing and
				description of the treatment providers including criteria for their
				selection.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.029 - Special Supervision Services (SSS) and Statutory Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(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) Each potential applicant for the SSS
				shall be advised of the eligibility requirements and provided with the
				Information Sheet Special Supervision Services, HSMV Form 77012, incorporated
				by reference in Rule  15A-10.043, F.A.C.
(3) The DUI program shall advise each person
				applying for the SSS of all program rules and regulations prior to accepting
				the program registration fee from said applicant. A Screening Form, HSMV Form
				77013, incorporated by reference in Rule
				 15A-10.043, F.A.C., shall be
				completed by each applicant which will document relevant background information
				related to eligibility requirements.
(4) Once eligibility for application is
				determined by the DUI program, the applicant shall pay the Department approved
				registration fee. Applicants may apply thirty (30) days prior to meeting the
				required abstinence to provide them the opportunity to secure the restricted
				license in a more timely manner. The responsibility for obtaining a driver
				history record as well as an arrest record shall be the responsibility of the
				DUI program upon receipt of the registration fee.
(5) No person shall be eligible for
				reinstatement in the Special Supervision Services who has previously been
				reinstated and had that reinstatement cancelled due to current substance abuse.
				In such a situation the entire statutory revocation period must be
				served.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.271,
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.031 - SSS Appeal Process

Current through Reg. 50, No. 138; July 16, 2024
(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
				Department in that circuit or any adjacent circuit.
(a) Upon notification that such an appeal has
				been taken, the original program shall delay notification of the recommendation
				to the Department until the appeal process is complete.
(b) The DUI program receiving the appeal
				shall provide the opportunity for a face to face meeting with the
				applicant.
(c) If the appeal
				concerns the results of an evaluation, the DUI program reviewing the appeal
				must conduct its own face to face evaluation.
(d) If the second program supports the
				original recommendation, such recommendation shall become the final
				recommendation of the DUI program. If the second program rejects the original
				recommendation, the final decision shall be made by the Department.
(e) If the second program disagrees with the
				determination or recommendation by the original program, the second program
				shall notify the applicant and the original DUI program in writing. The second
				program shall also submit all documentation to the Bureau of Administrative
				Review office which conducted the reinstatement hearing.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.032 - SSS Case Management Plan

Current through Reg. 50, No. 138; July 16, 2024
(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, incorporated by reference in Rule
				 15A-10.043, F.A.C., for each
				supervision visit to record the results of that session. Under no circumstances
				shall supervision be conducted in a group setting.
(3) If the client is referred for alcohol and
				drug treatment while in supervision, the DUI program shall utilize the SSS
				Treatment Referral Form, HSMV Form 77026, incorporated by reference in Rule
				 15A-10.043, F.A.C., and the
				Request to Release or Obtain Information, HSMV Form 77011, incorporated by
				reference in Rule  15A-10.043, F.A.C., shall be
				completed, a copy retained in the file and updated when appropriate. The client
				shall be given a listing of approved providers with identifying information on
				location, fees, intake procedures and criteria for admission. The client shall
				be free to choose the treatment agency.
(4) Arrest and driving records shall be
				obtained every six months utilizing Florida Department of Law Enforcement
				Request, HSMV Form 77017 and Request for Information from Driver License
				Records, HSMV Form 73250.
(5) The
				case management plan shall document the following:
(a) Relapse indicators.
(b) Documentation of continued participation
				in any required treatment or twelve step self help groups.
(c) Reported criminal and driving arrests and
				convictions.
(d) Employment
				status.
(e) Information gathered
				through personal contact with significant others, as defined by the client,
				such as a mother, father, or husband.
(f) Any additional factors identified by the
				program.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.033 - SSS Military Leave

Current through Reg. 50, No. 138; July 16, 2024
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 strictly complying
				  with program requirements. In such cases the following procedures shall be
				  observed:
(1) The restricted driver
				license shall be retained during the period of the interim status.
(2) Applicable fees and record checks shall
				be suspended for the interim period.
(3) The DUI program shall utilize the Request
				to Release or Obtain Information, HSMV Form 77011, signed by the client to
				allow for the exchange of information with the client's commanding
				officer.
(4) The DUI program shall
				utilize the Monthly Update, HSMV Form 77032, incorporated by reference in Rule
				 15A-10.043, F.A.C., to be
				completed by a commanding officer, or that officer's designee, and submitted
				monthly to the DUI program. Any incident of substance use shall also be
				reported on this form. The program may terminate participation in the program
				when such form is not received within 30 days of the end of the month in which
				the form is due.
(5) The client
				shall contact the DUI program within 10 calendar days of return to Florida.
				Failure to contact the program within 10 calendar days shall result in
				termination from the program. Reapplication shall be as set out in Rule
				 15A-10.030, F.A.C.
(6) Upon return to the program the following
				shall occur:
(a) The psychosocial evaluation
				shall be updated to reflect the current status at no fee.
(b) The client shall revert to a minimum of
				three visits in the first three months following the return and thereafter be
				reinstated into the program at the level attained prior to being placed on
				interim status.
(c) The client
				shall submit to all required chemical tests.
(d) The client shall comply with any program
				requirements necessary to update the client's file and shall resume paying
				monthly fees.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.035 - SSS Missed Appointments

Current through Reg. 50, No. 138; July 16, 2024
(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 reschedule the missed appointment.
				Failure to contact the program within five (5) business days after the missed
				appointment for the purpose of rescheduling the appointment shall result in
				notification to the Department of the client's failure to comply with program
				requirements.
(2) The client shall
				be responsible for rescheduling the missed appointments. An Appointment
				Receipt, HSMV Form 77028, shall be issued for all rescheduled appointments. If
				possible, the client should be rescheduled for the same month in which a
				previously scheduled appointment was missed. If the same month rescheduling is
				not possible, the client shall be rescheduled for two appointments in the
				succeeding month for those on monthly supervision. The rescheduling of a missed
				appointment should not affect any subsequently scheduled appointments and in no
				case shall result in attendance at less than the required number of
				appointments for a given year. Notwithstanding any of the foregoing, the DUI
				program shall have the discretion to space the missed appointments outside the
				normal schedule in the interest of effective supervision.
(3) If the client misses two consecutive
				appointments, the program shall recommend cancellation of the license unless
				the client has good cause for missing the appointment. Good cause is defined as
				natural disaster, death in the immediate family, or illness documented by the
				attending physician. The DUI program shall notify the Department when the
				client misses two consecutive appointments on the Letter Recommending
				Cancellation, HSMV Form 77027, unless good cause is
				documented.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.271,
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.036 - SSS Violation of Restricted Licenses

Current through Reg. 50, No. 138; July 16, 2024
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 made after a
				  period of 6 months from the date the revocation order was issued provided that
				  the applicant has remained continuously in the Special Supervision Services for
				  the 6 months immediately preceding. If the client is convicted on a second
				  violation of the restricted license a recommendation for permanent cancellation
				  from the Special Supervision Services shall be issued.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.271,
					 322.292
					 FS.
New 1-4-95.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.037 - SSS Transfer Procedure

Current through Reg. 50, No. 138; July 16, 2024
(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 Client Transfer Record, HSMV Form 77009,
				incorporated by reference in Rule
				 15A-10.043, F.A.C.; a fully
				executed Request to Release or Obtain Information, HSMV Form 77011, shall
				accompany the original file to the receiving program. The transferring program
				shall maintain a copy of the entire file for its records until the end of the
				revocation period. A copy of the Client Transfer Record, HSMV Form 77009, shall
				be sent to the Department by the transferring program as notice of the
				transfer.
(2) If the client fails
				to report in person to the receiving program within 15 calendar days from the
				date of client's signature on the release of information form, the receiving
				program shall recommend cancellation of the restricted license to the
				Department.
(3) The DUI program may
				charge the standardized, Department approved transfer fee.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.271,
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.038 - SSS Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The fees approved by the Department shall
				be $25.00 for the eligibility screening, $286.00 for the initial evaluation and
				$55.00 for supervision sessions. If the applicant meets the criteria for
				eligibility, the $25.00 fee will be applied toward the initial evaluation fee
				of $286.00. If the applicant does not meet the criteria, the $25.00 fee is
				retained by the program. The fee of $286.00 shall include the state assessment
				fee paid to the Department at registration and on an annual basis, and the
				applicable fees for receipt of the driving and Florida Department of Law
				Enforcement records. The state assessment fee shall be collected on each
				anniversary date of the client's original application in addition to the $55.00
				supervision session fee. The state assessment shall be submitted to the
				Department within thirty (30) days following the last day of the month in which
				the assessment was collected. The state assessment shall be submitted with a
				completed Assessment Fee Report Form, HSMV Form 77007. All fees shall be
				nonrefundable and not subject to waiver. Any subsequent requests for fee
				increases will be subject to the approval of the Department.
(2) The appeal process fees approved by the
				Department shall reflect the actual administrative cost of the process. If the
				process involves the conducting of a complete psychosocial evaluation, the fee
				shall not exceed $150.00; in all other cases, including a reapplication within
				six months, the fee shall not exceed $75.00.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95, Amended
					 3-4-97.