1998 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 322 Drivers' Licenses  
322.292   DUI programs supervision; powers and duties of the department.

322.292  DUI programs supervision; powers and duties of the department.--

(1)  The Department of Highway Safety and Motor Vehicles shall license and regulate all DUI programs, which regulation shall include the certification of instructors, evaluators, clinical supervisors, and evaluator supervisors. The department shall, after consultation with the chief judge of the affected judicial circuit, establish requirements regarding the number of programs to be offered within a judicial circuit. Such requirements shall address the number of clients currently served in the circuit as well as improvements in service that may be derived from operation of an additional DUI program. DUI education and evaluation services are exempt from licensure under chapters 1396 and 397. However, treatment programs must continue to be licensed under chapters 1396 and 397.

(2)  The department shall adopt rules to implement its supervisory authority over DUI programs in accordance with the procedures of chapter 120, including the establishment of uniform standards of operation for DUI programs and the method for setting and approving fees, as follows:

(a)  Establish minimum standards for statutorily required education, evaluation, and supervision of DUI offenders. Such minimum standards previously adopted by the Traffic Court Review Committee of the Supreme Court of Florida shall remain in effect unless modified by the department.

(b)  Establish minimum standards for the administration and financial management of DUI programs, including, but not limited to:

1.  Standards governing the types of expenditures that may be made by DUI programs from funds paid by persons attending such programs.

2.  Standards for financial reporting that require data on DUI programs expenditures in sufficient detail to support reasonable and informed decisions concerning the fees that are to be assessed those attending DUI programs. The department shall perform financial audits of DUI programs required under this section or require that financial audits of the programs be performed by certified public accountants at program expense and submitted directly from the auditor to the department.

3.  Standards of reciprocity in relation to DUI programs in other states or countries that have programs similar to the DUI programs licensed by the department.

4.  Such other standards as the department deems appropriate and necessary for the effective oversight of the DUI programs.

(c)  Implement procedures for the granting and revoking of licenses for DUI programs.

(d)  Establish a fee structure for the various programs offered by the DUI programs, based only on the reasonable and necessary costs for operating the programs throughout the state. The department shall approve, modify, or reduce fees as necessary. The DUI programs fees that are in effect on January 1, 1994, shall remain in effect until the department adopts a fee schedule for the DUI programs system. After the adoption of the schedule, the programs shall adjust their fees to conform with the established amounts.

(e)  Establish policies and procedures for monitoring DUI programs compliance with all minimum standards established by the department.

(f)  The department shall oversee an ongoing evaluation to assess the effectiveness of the DUI programs. This evaluation shall be performed by an independent group and shall evaluate the curriculum, client treatment referrals, recidivism rates, and any other relevant matters. The department shall report to the Legislature by January 1, 1995, on the status of the evaluation, including its design and schedule for completion. The department may use funds received under s. 322.293 to retain the services and reimburse expenses of such private persons or professional consultants as are required for monitoring and evaluating DUI programs.

(g)  Investigate complaints about the DUI programs and resolve problems in the provision of services to DUI offenders, as needed.

(3)  All DUI programs and certified program personnel providing DUI programs services that meet the department's standards and that are operating on January 1, 1994, may remain in operation until the department's license procedures are in place. At that time the DUI programs and certified program personnel may apply for relicensure.

(4)  DUI programs shall be either governmental programs or not-for-profit corporations.

(5)  The department shall report to the Supreme Court by December 1, 1994, and by December 31 of each succeeding year through 1996, on the general status of the statewide program. This report must include programmatic and statistical information regarding the number of licensed programs, enrollment and referral figures, program monitoring and evaluation activities, and findings, and the general steps taken by the department to implement the provisions of this section.

History.--s. 1, ch. 93-246; s. 44, ch. 95-333.

1Note.--Chapter 396 was repealed by s. 48, ch. 93-39.