Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.030 - SSS Application and Evaluation Process

Current through Reg. 50, No. 138; July 16, 2024
(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 school attendance do(es) not object to
				attendance at another program. In such a case, the program which performs the
				evaluation and supervision shall retain evidence in the file that the program
				serving the applicant's county of residence or employment or school attendance
				do(es) not object to the attendance at another program.
(2) The applicant shall not be evaluated
				until all material required in subsection (4) of Rule
				 15A-10.029, F.A.C., and
				subsection (4) below has been received by the DUI program. After all required
				information has been received the program shall notify the client and either
				schedule or provide instructions for scheduling the psychosocial
				evaluation.
(3) The client shall be
				required to provide the program with appropriate releases where applicable to
				allow for the obtaining of the necessary information.
(4) The DUI program shall utilize in the
				registration process the Information Sheet Special Supervision Services, HSMV
				Form 72012, incorporated by reference in Rule
				 15A-10.043, F.A.C.; Statement of
				Abstinence by Applicant, HSMV Form 77014, incorporated by reference in Rule
				15A-10.043, F.A.C.; Personal
				History Form, HSMV Form 77015, incorporated by reference in Rule
				15A-10.043, F.A.C.; Request to
				Release or Obtain Information, HSMV Form 77011, incorporated by reference in
				Rule 15A-10.043, F.A.C.; Florida
				Department of Law Enforcement Request, HSMV Form 77017, incorporated by
				reference in Rule 15A-10.043, F.A.C.; Client
				Rights/Appeal Process, HSMV Form 77018, incorporated by reference in Rule
				15A-10.043, F.A.C.; and Request
				for Information from Driver License Records, HSMV Form 73250, incorporated by
				reference in Rule 15A-10.043, F.A.C., to request
				the driver history record or secure same through electronic retrieval. In
				addition, the program may require the applicant to further document abstinence.
				The DUI program shall utilize, for this purpose, the Statement of Abstinence
				from References, HSMV Form 77019, incorporated by reference in Rule
				15A-10.043, F.A.C. Information
				secured by the DUI program from a third party shall not be released to the
				Department of Highway Safety and Motor Vehicles or other agencies. As
				appropriate a specific release form in accordance with
				42 U.S.C.
				290dd-2, and Chapter 397, F.S., shall be
				completed to allow the DUI program to release this information.
(5) Prior to the psychosocial evaluation, the
				DUI program shall schedule administration of the Driver Risk Inventory (DRI),
				the Minnesota Multi Phasic Personality Inventory (MMPI), or a Department
				approved objective test.
(6) In
				order to assist the DUI program in making its recommendation concerning the
				applicant's eligibility for a restricted license, an evaluation shall be
				conducted by a certified Special Supervision Services Evaluator. The following
				shall be included:
(a) Face to face interview
				and the completion of the Psychosocial Evaluation, HSMV Form 77020,
				incorporated by reference in Rule
				 15A-10.043, F.A.C.
(b) An analysis and summary of substance
				abuse treatment, mental health treatment, medical treatment and previous DUI
				program records.
(c) The complete
				driver history record. Manual requests shall be processed on the Request for
				Information from Driver License Records, HSMV Form 73250.
(d) Arrest and conviction records for the
				purpose of obtaining information on any substance abuse related violations. The
				DUI program shall use the Florida Department of Law Enforcement Request, HSMV
				Form 77017, to obtain this information from FDLE upon payment of the applicable
				fee.
(e) Results of chemical
				testing or evidence of the refusal or the failure to take such test(s) when
				required. Refusal or failure to submit to chemical testing upon request shall
				result in a denial by the program. Chemical testing shall be completed on all
				applicants to Special Supervision Services at some time during the period from
				the payment of the registration fee to the issuance of the license by the
				Department. If accepted, the client shall be required to submit to chemical
				testing at the request of the program at least once and no more than twice per
				year unless the rationale for more frequent testing is documented in the client
				file.
1. For chemical testing services, DUI
				programs shall contract with a laboratory, or a collection site which is
				contracted with a laboratory, licensed in forensic toxicology by the Agency for
				Health Care Administration, Department of Lab Licensure. The contract with the
				collection site shall require that the protocol for Drug Free Workplace
				chemical testing, as stipulated in Chapter 59A-24, F.A.C., is followed by both
				the collection site and the laboratory.
2. Applicants shall be informed at
				application of the chemical testing requirements and the methods for such
				testing. Active clients who have received a license prior to January 1, 1994,
				shall be apprised of these requirements by the DUI program. Any such chemical
				test shall be conducted at the expense of the applicant or client. Refusal to
				submit to chemical testing by any applicant or client will automatically result
				in a recommendation of denial or cancellation.
3. Where the DUI program is also the
				collection site, it shall have a contract with the appropriately licensed lab
				which requires the protocol as required in subparagraph 1., above.
4. When the DUI program requires chemical
				testing for alcohol or other drugs at a designated facility, the program shall
				provide the applicant or client with the Referral for Required Chemical
				Testing, HSMV Form 77021, incorporated by reference in Rule
				 15A-10.043, F.A.C. The DUI
				program may contact the applicant or client by telephone to require the client
				to report for chemical testing. If this requirement is made by telephone, the
				DUI program person making such request shall document this request on the
				Client Tracking Form, HSMV Form 77003.
5. The DUI program shall notify the
				Department of any confirmed positive test report of alcohol or drug use by the
				applicant or the client by the end of the next business
				day.