15A-10.005. Licensure: Requirements and Limitations

(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.

(4)(a) A business office or classroom of any program must be approved by the Department.

(b) Display. The license must be clearly displayed in a conspicuous location at all times in the program’s Florida principal business office and all branch offices approved by the Department.

(5) No program shall advertise in any manner until such time as the program is properly licensed by the Department.

(6) A program shall not use any name other than its approved name for advertising or publicity purposes, nor shall a program advertise or imply that it is “recommended,” or “endorsed” by the Department.

(7) No program, instructor or employee shall advertise or represent themselves to be an agent or employee of the Department or allow the use of any advertisement which would reasonably have the effect of leading the public to believe that they are or were an employee or representative of the Department.

(8) No program, instructor or employee shall solicit business on the premises rented, leased or owned by the Department including parking lots adjoining driver license examining offices or parking lots used by driver license applicants.

(9) No program shall make a false or misleading claim in any of its advertisements.

(10) Obscene Advertising. No program shall use any form of advertising which is obscene, lewd, or pornographic. Upon a finding by the Department that a program has used any obscene advertising in any medium, the program’s license will be suspended upon a first offense, and a mandatory license revocation for a second offense.

(11) Communications concerning DUI program services must be limited to factual information including the services provided by the program, laws relevant to the program’s service, telephone numbers, address, and hours of operation of the program. Communications shall not be false or misleading, nor include information which coerces, harasses, entices, intimidates, or is likely to cause duress to a prospective client.

(12) Licensure is subject to the contingencies delineated in Rule 15A-10.041, F.A.C.

Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.