Published on: 13936395. The purpose of these amendments is to revise standards for licensing Driving Under the Influence programs, including certifying personnel and regulating the conduct of these programs and courses by the Department of Highway Safety and Motor Vehicles pursuant to ss. 322.292 and 322.293, Florida Statutes.
Published on: 9782079. Purpose, Definitions, Reciprocity, Application for Licensure to Conduct a Driving Under the Influence Program, Licensure: Requirements and Limitations, Relinquishment of Licensure, Review Board and Monitoring, Organizational Structure, Program Jurisdiction, Operating Policies and Procedures Manual(s), Board of Directors or Advisory Committee, Financial Audit, Financial Procedures and Reporting Requirements, Cost Standards and Allocations, Fees, Revenue Limitation, Fee Waiver, Ancillary Fees, Personnel Policies and Procedures, Client Files, Client Transfers, Student Conduct, Personnel Certification, Clinical Supervision, Education, Level I Course, Level II Course, Level I and Level II Combined Course, Certificates of Completion and Student Status Report, HSMV Form 77057, Client Evaluation, Treatment Referral, Special Supervision Services (SSS) and Statutory Eligibility, SSS Application and Evaluation Process, SSS Appeal Process, SSS Case Management Plan, SSS Military Leave, SSS Frequency of Appointments, SSS Missed Appointments, SSS Violation of Restricted Licenses, SSS Transfer Procedure, SSS Fees, SSS Referrals to Treatment, Case Monitoring Services, Denial, Suspension or Revocation of a DUI Program License or Personnel Certification, Complaints, Forms
Published on: 9402712. This rule chapter sets forth the standards for licensing Driving Under the Influence (DUI) programs, certifying personnel, violation monitoring of ignition interlock device (IID) clients and regulating the conduct of these programs and courses by the Department of Highway Safety and Motor Vehicles pursuant to Sections 322.292, 322.293, 316.193, Florida Statutes.
Published on: 8987746. This rule chapter sets forth the standards for licensing Driving Under the Influence (DUI) programs, certifying personnel, monitoring the ignition interlock device (IID) clients and regulating the conduct of these programs and courses by the Department of Highway Safety and Motor Vehicles pursuant to Sections 322.292, 322.293, 316.193 and 322.2715, Florida Statutes, Chapter 15A-9, Florida Administrative Code.
Published on: 5209984. Notice is hereby given that the Department of Highway Safety and Motor Vehicles issued an Order Granting Rule Variance or Waiver under Section 120.542, Florida Statutes, on January 28, 2008, to Marilyn Price. The petition requesting the variance or waiver was received by DHSMV on October 28, 2007. Notice of receipt of the petition requesting the waiver was published in Volume 33, Number 47, of the Florida Administrative Weekly on November 21, 2007. No public comment was received. The Petitioner sought a variance from or waiver of Rule 15A-10.026(2), Florida Administrative Code, which states as follows:
In regards to Certificates of Completion and Student Status Report, HSMV Form 77057, 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.
The Order rules that the Petitioner's employment and unique family responsibilities, positive feedback from the DUI Program as well as her participation at the Florida Detoxification Center demonstrates that the strict application of the rule will impose a significant hardship in her circumstances and that the underlying purpose of the applicable statutes will be served by granting the variance or waiver of Rule 15A-10.026(2), Florida Administrative Code. The Order grants the Petition for Variance or Waiver from the rule and directs the Petitioner to complete the evaluation component within 30 days of the date of the order.
Published on: 4910157. an Emergency Variance of Rule 15A-10.026 from Marilyn Price. Pursuant to Section 120.542, Florida Statutes, the Petitioner is seeking a variance from or a waiver of Rule 15A-10.026, Florida Administrative Code.
The above referenced Florida Administrative Code rule provides, (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.
The Petitioner is requesting a variance or a waiver from the rule provision.