Florida Administrative Code
15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
15A - Division of Driver Licenses
Chapter 15A-10 - DUI PROGRAMS
Section 15A-10.030 - SSS Application and Evaluation Process

Universal Citation: FL Admin Code R 15A-10.030

Current through Reg. 50, No. 187; September 24, 2024

(1) The applicant shall be evaluated and supervised by the DUI program which serves the county in which the applicant resides, the county in which the applicant is employed or the county in which the applicant attends school unless the program(s) of residence or employment or school attendance do(es) not object to attendance at another program. In such a case, the program which performs the evaluation and supervision shall retain evidence in the file that the program serving the applicant's county of residence or employment or school attendance do(es) not object to the attendance at another program.

(2) The applicant shall not be evaluated until all material required in subsection (4) of Rule 15A-10.029, F.A.C., and subsection (4) below has been received by the DUI program. After all required information has been received the program shall notify the client and either schedule or provide instructions for scheduling the psychosocial evaluation.

(3) The client shall be required to provide the program with appropriate releases where applicable to allow for the obtaining of the necessary information.

(4) The DUI program shall utilize in the registration process the Information Sheet Special Supervision Services, HSMV Form 72012, incorporated by reference in Rule 15A-10.043, F.A.C.; Statement of Abstinence by Applicant, HSMV Form 77014, incorporated by reference in Rule 15A-10.043, F.A.C.; Personal History Form, HSMV Form 77015, incorporated by reference in Rule 15A-10.043, F.A.C.; Request to Release or Obtain Information, HSMV Form 77011, incorporated by reference in Rule 15A-10.043, F.A.C.; Florida Department of Law Enforcement Request, HSMV Form 77017, incorporated by reference in Rule 15A-10.043, F.A.C.; Client Rights/Appeal Process, HSMV Form 77018, incorporated by reference in Rule 15A-10.043, F.A.C.; and Request for Information from Driver License Records, HSMV Form 73250, incorporated by reference in Rule 15A-10.043, F.A.C., to request the driver history record or secure same through electronic retrieval. In addition, the program may require the applicant to further document abstinence. The DUI program shall utilize, for this purpose, the Statement of Abstinence from References, HSMV Form 77019, incorporated by reference in Rule 15A-10.043, F.A.C. Information secured by the DUI program from a third party shall not be released to the Department of Highway Safety and Motor Vehicles or other agencies. As appropriate a specific release form in accordance with 42 U.S.C. 290dd-2, and Chapter 397, F.S., shall be completed to allow the DUI program to release this information.

(5) Prior to the psychosocial evaluation, the DUI program shall schedule administration of the Driver Risk Inventory (DRI), the Minnesota Multi Phasic Personality Inventory (MMPI), or a Department approved objective test.

(6) In order to assist the DUI program in making its recommendation concerning the applicant's eligibility for a restricted license, an evaluation shall be conducted by a certified Special Supervision Services Evaluator. The following shall be included:

(a) Face to face interview and the completion of the Psychosocial Evaluation, HSMV Form 77020, incorporated by reference in Rule 15A-10.043, F.A.C.

(b) An analysis and summary of substance abuse treatment, mental health treatment, medical treatment and previous DUI program records.

(c) The complete driver history record. Manual requests shall be processed on the Request for Information from Driver License Records, HSMV Form 73250.

(d) Arrest and conviction records for the purpose of obtaining information on any substance abuse related violations. The DUI program shall use the Florida Department of Law Enforcement Request, HSMV Form 77017, to obtain this information from FDLE upon payment of the applicable fee.

(e) Results of chemical testing or evidence of the refusal or the failure to take such test(s) when required. Refusal or failure to submit to chemical testing upon request shall result in a denial by the program. Chemical testing shall be completed on all applicants to Special Supervision Services at some time during the period from the payment of the registration fee to the issuance of the license by the Department. If accepted, the client shall be required to submit to chemical testing at the request of the program at least once and no more than twice per year unless the rationale for more frequent testing is documented in the client file.
1. For chemical testing services, DUI programs shall contract with a laboratory, or a collection site which is contracted with a laboratory, licensed in forensic toxicology by the Agency for Health Care Administration, Department of Lab Licensure. The contract with the collection site shall require that the protocol for Drug Free Workplace chemical testing, as stipulated in Chapter 59A-24, F.A.C., is followed by both the collection site and the laboratory.

2. Applicants shall be informed at application of the chemical testing requirements and the methods for such testing. Active clients who have received a license prior to January 1, 1994, shall be apprised of these requirements by the DUI program. Any such chemical test shall be conducted at the expense of the applicant or client. Refusal to submit to chemical testing by any applicant or client will automatically result in a recommendation of denial or cancellation.

3. Where the DUI program is also the collection site, it shall have a contract with the appropriately licensed lab which requires the protocol as required in subparagraph 1., above.

4. When the DUI program requires chemical testing for alcohol or other drugs at a designated facility, the program shall provide the applicant or client with the Referral for Required Chemical Testing, HSMV Form 77021, incorporated by reference in Rule 15A-10.043, F.A.C. The DUI program may contact the applicant or client by telephone to require the client to report for chemical testing. If this requirement is made by telephone, the DUI program person making such request shall document this request on the Client Tracking Form, HSMV Form 77003.

5. The DUI program shall notify the Department of any confirmed positive test report of alcohol or drug use by the applicant or the client by the end of the next business day.

(7) After completion of the psychosocial evaluation, the program's clinical supervisor or program director shall review all documentation and determine when an applicant's file is complete. After review of the file, the supervisor may determine that additional supporting documents and information are required. Interviews with significant others, as identified by the client, such as a mother, wife, husband, may be requested at any time during the evaluation process.

(8) When the evaluation process is complete, the results shall be forwarded to a staffing committee at the DUI program which shall be composed minimally of the Special Supervision Services Evaluator conducting the evaluation and the clinical supervisor.

(9) The staffing committee shall decide on a case management plan as well as the imposition of any other requirements that the client, if granted a restricted license, must fulfill to successfully continue in the program.

(10) If an applicant does not complete the application process, the DUI program shall maintain the application as active for a period of six months from the date of last contact. Such record shall minimally include the applicant's name, address, date of birth, driver license number, reason application was not completed, and Screening Form, HSMV Form 77013. The DUI program shall use the Letter of Incomplete Application, HSMV Form 77022, incorporated by reference in Rule 15A-10.043, F.A.C., which shall indicate that the applicant failed to complete the application process, thereby precluding any recommendation by the DUI program. If the applicant chooses to reactivate the application process at anytime after the six months, the entire fee shall be repaid, including the state assessment fee.

(11) In cases where the applicant is not recommended for the restricted license, the DUI program shall provide written notification to the applicant including the reasons for the denial and information regarding the appeal process. Any applicant who is denied shall have the right to reapply provided all statutory requirements are met, including the minimum applicable period of abstinence. The reapplication process shall include the administration of a complete psychosocial evaluation, including an objective test, unless the reapplication occurs within six months of the original psychosocial evaluation. The entire fee may be charged for reapplication after six months. In the event of a reapplication within six months, the fee to review the HSMV and FDLE records, the psychosocial evaluation, and any treatment records completed since the original application shall not exceed $75.

(12) All application requirements shall be completed prior to forwarding the results of the evaluation to the Department. The DUI program shall utilize the Letter of Recommendation, HSMV Form 77023, incorporated by reference in Rule 15A-10.043, F.A.C., when forwarding the results to the Department.

(13) After the applicant is admitted to the program, evidence of failure to maintain abstinence or failure to meet the program's requirements shall be documented and shall result in a recommendation of immediate cancellation. The client shall be notified in writing of the reason for cancellation and availability of appeal process. The client file shall be retained by the program for the balance of the revocation period except in the case of those on permanent revocation. In such cases the client file shall be retained for a minimum period of ten years.

Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 316.193, 322.271, 322.292, 322.293 FS.

New 1-4-95, Amended 3-4-97.

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