Florida Regulations 15A-10.004: Application for Licensure to Conduct a Driving Under the Influence Program
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(1) Application:
(a) An application shall be made in writing to the Department on the Application for Licensure as a Driving Under the Influence (DUI) program, HSMV Form 77035, incorporated by reference in Fl. Admin. Code R. 15A-10.043, furnished by the Department.
(b) The Department shall give written notice to any licensed DUI program(s) operating in the circuit that another organization has applied for licensure.
(c) The program approval process shall include documentation of the consultation between the Department and the chief judge of the judicial circuit in which the program is to be located.
(2) Data to accompany the application where other organizations are already licensed. Applicants must submit to the Department, the completed Application for Licensure as a Driving Under the Influence (DUI) program HSMV Form 77035, and all attached materials requested on the application.
(3) Effective date. Each program’s licensure shall expire three (3) years from the date of issuance unless renewed in a timely manner.
(4) Non-transferability. Any change in the information provided for licensure must be approved by the Department. Program licensure shall not be transferable. The program shall notify the Department at least 90 days prior to the effective date of a proposed change in the program’s corporate structure. The Department shall review the proposed changes and may request additional information from the program.
(5) Program Title:
(a) No program shall use, adopt, or conduct any business under a name that is like or deceptively similar to a name used by another program.
(b) A program shall not use the word “”State”” in any part of the program name.
(6) A copy of the program’s certificate of occupancy or documentation reflecting compliance with local, state, and federal fire, sanitation and building requirements shall be made available upon request by the Department.
(7) The program shall permit the Department and its representatives upon request to inspect the program, its public facilities, equipment and records that are required by the rules to be maintained in the operation of the program.
(8) The procedure followed for processing the application will be pursuant to Florida Statutes § 120.60(2)
(9) In considering an application for approval of a DUI program, the Department shall determine whether improvements in service may be derived from the operation of the DUI program and the number of clients currently served in the circuit. The Department shall apply the following criteria:
(a) The increased frequency of classes and availability of locations of services offered by the applicant DUI program.
(b) Services and fees offered by the applicant DUI program and any existing DUI program.
(c) The number of DUI clients currently served and historical trends in the number of clients served in the circuit.
(d) The availability, accessibility, and service history of any existing DUI program services.
(e) The applicant DUI program’s service history.
(f) The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.
(g) Improved services to minority and special needs clients.
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.
Terms Used In Florida Regulations 15A-10.004
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
(b) The Department shall give written notice to any licensed DUI program(s) operating in the circuit that another organization has applied for licensure.
(c) The program approval process shall include documentation of the consultation between the Department and the chief judge of the judicial circuit in which the program is to be located.
(2) Data to accompany the application where other organizations are already licensed. Applicants must submit to the Department, the completed Application for Licensure as a Driving Under the Influence (DUI) program HSMV Form 77035, and all attached materials requested on the application.
(3) Effective date. Each program’s licensure shall expire three (3) years from the date of issuance unless renewed in a timely manner.
(4) Non-transferability. Any change in the information provided for licensure must be approved by the Department. Program licensure shall not be transferable. The program shall notify the Department at least 90 days prior to the effective date of a proposed change in the program’s corporate structure. The Department shall review the proposed changes and may request additional information from the program.
(5) Program Title:
(a) No program shall use, adopt, or conduct any business under a name that is like or deceptively similar to a name used by another program.
(b) A program shall not use the word “”State”” in any part of the program name.
(6) A copy of the program’s certificate of occupancy or documentation reflecting compliance with local, state, and federal fire, sanitation and building requirements shall be made available upon request by the Department.
(7) The program shall permit the Department and its representatives upon request to inspect the program, its public facilities, equipment and records that are required by the rules to be maintained in the operation of the program.
(8) The procedure followed for processing the application will be pursuant to Florida Statutes § 120.60(2)
(9) In considering an application for approval of a DUI program, the Department shall determine whether improvements in service may be derived from the operation of the DUI program and the number of clients currently served in the circuit. The Department shall apply the following criteria:
(a) The increased frequency of classes and availability of locations of services offered by the applicant DUI program.
(b) Services and fees offered by the applicant DUI program and any existing DUI program.
(c) The number of DUI clients currently served and historical trends in the number of clients served in the circuit.
(d) The availability, accessibility, and service history of any existing DUI program services.
(e) The applicant DUI program’s service history.
(f) The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.
(g) Improved services to minority and special needs clients.
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.