Section 15A-10.002 - DefinitionsFor the purposes of this chapter, the following words and phrases, whenever used herein, shall have the meaning as is ascribed to them in this section unless where used in the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are part.
(1) Administration - a system clearly delineated in a policies and procedures manual for the step by step execution of management procedures which include client files; selection, training, and supervision of personnel; budget preparation and control; financial procedures and records; audits and reporting; and such other matters as may be required by the Department or the Board of Directors for the effective operation of the program.(2) Advisory Committee - a formally constituted group of individuals that advises a program and its Board of Directors and exists in those instances where the program is a multi-purpose organization within a governmental entity or private non-profit corporation. Such committee shall have a formal mechanism for submitting information recommendations to the Board of Directors and for receiving decisions made by such board.(3) Alcohol - any substance containing any amount of alcohol in any form including, but not limited to, ethanol, methanol, propanol, and isopropanol. This includes "non-alcoholic" beer or wine.(4) Applicant - a person seeking admission into Special Supervision Services and whose driving privilege has not been reinstated.(5) Board of Directors - a formally constituted group of individuals that directs the program, sets policies, and operates under applicable provisions of state and federal laws and regulations through an administrator.(6) Cash Reserve - a cash reserve may be maintained by the program at a level not to exceed fifty percent of the most recently ended fiscal year's operational expenses for said program. The cash reserve shall be inclusive of all allowable reserves, such as capital reserve funds and operational reserves. Revenues received in excess of operational expenses may be placed in the cash reserve fund and expended in accordance with Rule 15A-10.0142, F.A.C.(7) Certified Addiction Professional - an individual who holds such recognition awarded by the Certification Board for Addiction Professionals of Florida.(8) Certified Criminal Justice Addiction Professional - an individual who holds such recognition awarded by the Certification Board for Addiction Professionals of Florida.(9) Chemical Testing Fee - the fee charged by the laboratory and any administrative costs incurred by the DUI program when the program is responsible for the collection process. Any fee charged by the DUI program must be based on reasonable and necessary costs and receive prior approval of the Department. If an independent laboratory does both the collection and analysis of the sample, the fee shall be limited to the amount charged by the laboratory.(10) Client Evaluation Manual - a manual for the execution of psychosocial evaluation procedures including policies, goals, and objectives of the process. The manual shall include step by step procedures for: (a) The client interview process;(b) The administration of assessment instruments;(c) The referral of clients to treatment;(d) The tracking of clients.(11) Client File - the complete record concerning a person enrolled in a DUI program.(12) Curriculum - an extensive written course of study on the problem of drinking and driving and the effects of substance use or abuse. The curriculum shall include, behavioral objectives and a detailed outline of each content area, approved teaching aids, supportive materials and handouts.(13) Department - the Florida Department of Highway Safety and Motor Vehicles.(14) Educational Manual - a written operational policy and procedures manual for the provision of educational services. The manual shall contain step by step procedures for: (b) The process of certification of instructors;(c) Instructor responsibilities;(d) Requirements for course completion;(15) Employment (primary, occasional) - the receipt of monetary compensation for services rendered.(16) Experience - employment or, unpaid work, if clearly documented. Participation in twelve-step or similar programs is not included. Internships or placement for educational requirements are not considered toward the required experience.(17) Fund Balance - the accumulated net profit or loss, i.e., net worth, since the inception of the program. It shall include all investments, reserves, building funds, and physical assets.(18) In-Kind Contributions or Donations - anything received which has a discernible value and is in a form other than case or cash equivalent. This includes contributions or donations of materials, supplies, the rent-free use of space, equipment, buildings, land and similar items for use in the program and which the DUI program would otherwise have to purchase. It also includes the receipt of such items that the program is expected to convert into cash for use in the program. Items should be recorded in the audit at estimated fair market value. The donation of services, e.g., volunteers, is not normally recorded unless it is a major portion of the organization's activity, there is a clearly measurable basis for the amount, or there are other appropriate reasons, such as for use as matching costs.(19) Manager - any individual who oversees the day-to-day operation of a program.(20) Other Revenues - includes investment income, gains from the sale of assets, prior year refunds, etc.(21) Program Fee - the fee charged by the DUI program for providing education, evaluation, and referral into treatment. This fee, which must be approved by the Department, shall include all reasonable and necessary costs to provide the foregoing services. If a fee is to be routinely required of all clients, the costs for such shall be incorporated into the program fee.(22) Program License - an executed, completed and properly signed HSMV Form 77034, issued by the Department authorizing a DUI program to operate in the State of Florida.(23) Residence (permanent, temporary, military) - address appearing on driver's license or driver history record, or if no such address exists, the county in which the driver was convicted.(24) Separate Fund - a self-balancing set of accounts recording all DUI program revenue, expenditures, cash or other resources together with all related assets, liabilities, obligations, reserves and equities.(25) Transfer Fee - the ancillary fee charged a client who enrolled in one program and requests to transfer to another program, either to a Florida licensed program or a similar program in another state or country. Information provided to a client on the appropriate DUI program in their area shall not provide the basis for charging a transfer fee.(26) Treatment - the clinical care of a client, in accordance with a plan prescribed for that purpose.(27) Drug - any controlled substance as defined in Chapter 893, F.S., any chemical analogue thereof or alcohol.(28) Human Services - major or principal focus area of study includes one or more of the following: counseling, counseling and human assistance, psychology, rehabilitation counseling, criminology, criminal justice, marriage and family, substance abuse or social work. A degree in education with a major in counseling and guidance, sociology degree or public administration degree will be accepted if the focus area is on counseling.(29) Advertisement - any printed, written or electronic communication distributed to the general public by the program which identifies that particular DUI program. This shall not include any factual information provided upon request.(30) Program - an entity which provides or intends to provide DUI program services and functions in the State of Florida.(31) Revocation - the permanent invalidation by the Department of any DUI program license or personnel certification.(32) Suspension - the temporary or conditional invalidation by the Department of any DUI program license or personnel certification.(33) Business Office - a location where the DUI program conducts related activities, including registration. The location must be staffed by employees of the DUI program in a circuit where it is to operate. Such office must remain accessible Monday through Friday, during regular business hours, 9 a.m. to 4 p.m.Fla. Admin. Code Ann. R. 15A-10.002
Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS.
New 1-4-95, Amended 3-4-97.New 1-4-95, Amended 3-4-97.