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 ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-10.026: Certificates of Completion and Student Status Report, HSMV Form 77057

NOTICE IS HEREBY GIVEN THAT on October 28, 2007, the Florida Department of Highway Safety and Motor Vehicles, received a petition for an Emergency Variance of Rule 15A-10.026, F.A.C., 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.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Mark J. Hiers, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-02, Tallahassee, Florida 32399-0504. The Department of Highway Safety and Motor Vehicles will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received on or before 5:00 p.m.