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 a private probation services provider from distributing a list of DUI programs in their service area or to 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; also requires DUI program to document that the probationer was advised of their right to choose a licensed DUI program.
SUBJECT AREA TO BE ADDRESSED: The proposed rule action revises the current Rule 15A-10.009, F.A.C., by prohibiting DUI programs from self-referring.
SPECIFIC AUTHORITY: 322.02, 322.292 FS.
LAW IMPLEMENTED: 322.292(5) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: August 31, 2010, 9:30 a.m.
PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room Number D426, Tallahassee, Florida 32399
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 B211, Tallahassee, FL 32399, telephone: (850)617-2505. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Lauer, Chief, Bureau of Driver Education & DUI Programs, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B211, Neil Kirkman Building, Tallahassee, Florida 32399-0500, (850)617-2505
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
15A-10.009 Program Jurisdiction.
(1) through (3) No change.
(4) DUI programs who are also authorized as a private probation services provider 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 that the probationer was advised of their right to choose a licensed DUI program.
Rulemaking Specific Authority 322.02, 322.292 FS. Law Implemented 316.192, 316.193, 322.2615, 322.292(5) FS. History–New 1-4-95, Amended________.