On June 17, 2024, the Department issued a final order in response to a petition for rule variance or waiver filed by Scott D. Rodriguez. The petition, which was received by the Department on May 9, 2024, and noticed in Vol. ....
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
RULE NO.:RULE TITLE:
15A-10.034SSS Frequency of Appointments
The Department of Highway Safety and Motor Vehicles hereby gives notice: On June 17, 2024, the Department issued a final order in response to a petition for rule variance or waiver filed by Scott D. Rodriguez. The petition, which was received by the Department on May 9, 2024, and noticed in Vol. 50, No. 101, of the Florida Administrative Register on May 22, 2024, requested variance from or waiver of the provisions of Rule 15A-10.034, FAC, which require clients of DUI special supervision services (SSS) to report in person for individual supervision. Petitioner, a Virginia resident, alternatively sought supervision through video web conferencing (Zoom appointments) and drug and alcohol screening performed by out-of-state facilities. Petitioner cited the costs and physical demands associated with travel to Florida as substantial hardships justifying the variance sought. The Department carefully considered the petition and found it demonstrated that application of Rule 15A-10.034, FAC, creates a substantial hardship and that the underlying purpose of the rule has or will be achieved by Petitioner through other means. Specifically, Petitioner will attend required meetings with SSS personnel via Zoom appointments. He will also be permitted to participate in out-of-state drug and alcohol screenings with prior approval by the SSS program of approved laboratories in the State of Virginia.
A copy of the Order or additional information may be obtained by contacting: Kathy Jimenez-Morales, Chief Counsel, Driver Licenses, Office of General Counsel, 2900 Apalachee Pkwy, Rm A-432, MS 02, Tallahassee, FL 32399, kathyjimenez@flhsmv.gov, (850)617-3101.
