The purpose of the proposed rule action is to add a paragraph to the current rule to prohibit DUI programs which are also authorized as private probation services providers from distributing a list of DUI programs in their service area or to self-...

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

Rule No.: RULE TITLE
15A-10.009: Program Jurisdiction
PURPOSE AND EFFECT: The purpose of the proposed rule action is to add a paragraph to the current rule to prohibit DUI programs which are also authorized as private probation services providers from distributing a list of DUI programs in their service area or to self-refer persons who are probationers to a DUI program owned in whole or in part by that private probation services provider or its affiliates; also requires DUI programs to document that the probationer was advised of their right to choose a licensed DUI program.
SUMMARY: Compliance with these rules is required to obtain and to maintain licensure and certification by the Department.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 322.02, 322.292 FS.
LAW IMPLEMENTED: 322.292(5) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 21, 2010, 10:00 a.m.
PLACE: Florida Highway Patrol Station – Davie, Training Room, 14190 West State Road 84, Davie, Florida 33325
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Barbara Lauer, Bureau of Driver Education and DUI Programs, 2900 Apalachee Parkway, Room B214, Tallahassee, FL 32399-0500, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Lauer, Bureau of Driver Education and DUI Programs, 2900 Apalachee Parkway, Room B214, Tallahassee, FL 32399-0500, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

15A-10.009 Program Jurisdiction.

(1) through (3) No change.

(4) DUI programs that are also authorized as private probation services providers under Section 948.15, F.S., shall not distribute a list of DUI programs in their service area or self-refer persons who are probationers to any DUI program owned in whole or in part by that private probation services provider or its affiliates. The DUI program shall document in writing, signed by the probationer, prior to the commencement of any services, that the probationer was advised of their right to choose any licensed DUI program that serves the county of their residence, employment or school attendance and that the probationer has not been referred by the private probation services provider to their DUI program. No DUI program information will be visible in any common areas of a private probation services facility, including the probation offices, hallways and any other area open to clients. This includes all forms of media including but not limited to: posters, brochures, pamphlets and signage.

Rulemaking Specific Authority 322.02, 322.292 FS. Law Implemented 316.192, 316.193, 322.2615, 322.292 FS. History–New 1-4-95, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Barbara Lauer
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie Jones
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 13, 2010