15A-10.019. Client Transfers

(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. History–New 1-4-95, Amended 3-4-97.