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Florida Administrative Code (Last Updated: April 18, 2024) |
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15. Department of Highway Safety and Motor Vehicles |
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15A. Division of Driver Licenses |
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15A-9. Breath Alcohol Ignition Interlock Devices |
1(1) The licensed DUI programs shall, prior to each periodic update, review the summary report of the ignition interlock device data for each convicted person who is in the Special Supervision Services Program, as described in Chapter 15A-10, F.A.C.
40In addition to the periodic update fee listed in Chapter 15A-10, F.A.C., the fee to be charged by the DUI program shall not exceed $10.
65(2) The department will refer the convicted person who is not in the Special Supervision Services Program to a licensed DUI program:
87(a) Upon the first violation, as defined in subsection 9615A-9.003(23), 97F.A.C.
981. The convicted person must schedule an appointment with the DUI program within twenty (20) days from the date of the referral letter. The DUI program shall notify the department within 10 days of when the convicted person contacts the DUI program. If notification is not received within 45 days from the date of the referral letter, the department will cancel the convicted person’s driver license.
1642. The DUI program shall complete the Ignition Interlock Device Interview Report, HSMV Form 77136, referenced in subsection 18215A-9.012(1), 183F.A.C., to document the face-to-face interview.
1893. The interview fee to be charged by the DUI programs shall be $25. This is the only fee to be charged for the services except for department-approved ancillary fees, as provided in Chapter 15A-10, F.A.C.
225(b) Upon the second violation, as defined in subsection 23415A-9.003(23), 235F.A.C.
2361. The convicted person must schedule an appointment with the DUI program within twenty (20) days from the date of the referral letter. The DUI program shall notify the department within 10 days of when the convicted person contacts the DUI program. If notification is not received within 45 days from the date of the referral letter, the department will cancel the convicted person’s driver license.
3022. For the remainder of the convicted person’s ignition interlock requirement, the convicted person must report monthly to the DUI program.
3233. The DUI program shall complete the Ignition Interlock Device Interview Report, HSMV 77136 to document the monthly face-to-face interview. The fee for the initial appointment shall be $55 and shall include the development of a case management plan. The monthly fee shall be $25. These are the only fees to be charged for the services, except for department-approved ancillary fees, as provided in Chapter 15A-10, F.A.C.
3904. Prior to each monthly appointment, the DUI program shall review the summary report of the ignition interlock device data for the convicted person.
4145. There shall be no less than 20 days and no more than 40 days between the convicted person’s appointments with the DUI program.
4386. Failure to contact the DUI program within five (5) business days after the missed appointment to reschedule the appointment shall result in notification to the department of failure to comply.
4697. If the convicted person misses two consecutive appointments, the DUI program shall recommend cancellation of the license unless the convicted person 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 on the Letter Recommending Cancellation, HSMV Form 77137, referenced in subsection 53515A-9.002(2), 536F.A.C., unless good cause is documented.
542Rulemaking Authority 544316.193, 545316.1937, 546316.1938, 547322.292 FS., 549Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 559316.193, 560316.1937, 561316.1938, 562322.292 FS., 564Federal Register Vol. 57, No. 67, pages 11772-11787. History–New 10-12-92, Amended 1-20-04.
