HOUSE AMENDMENT Bill No. SB 242
1	CHAMBER ACTION
2	Senate House
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12	Representative Bean offered the following:
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14	Amendment (with title amendment)
15	On page 2, between line(s) 26 and 27,
16	insert:
17	Section 3. Paragraph (c) of subsection (2) of section
18	322.292, Florida Statutes, is amended to read:
19	322.292 DUI programs supervision; powers and duties of the
20	department.--
21	(2) The department shall adopt rules to implement its
22	supervisory authority over DUI programs in accordance with the
23	procedures of chapter 120, including the establishment of
24	uniform standards of operation for DUI programs and the method
25	for setting and approving fees, as follows:
26	(c) Implement procedures for the granting and revoking of
27	licenses for DUI programs, including:
28	1. A uniform application fee not to exceed $1,000 but in
29	an amount sufficient to cover the department's administrative
30	costs in processing and evaluating DUI program license
31	applications. The application fee shall not apply to programs
32	that apply for licensure to serve a county that does not have a
33	currently licensed DUI program or where the currently licensed
34	program has relinquished its license.
35	2. In considering an application for approval of a DUI
36	program, the department shall determine whether improvements in
37	service may be derived from the operation of the DUI program and
38	the number of clients currently served in the circuit. The
39	department shall apply the following criteria:
40	a. The increased frequency of classes and availability of
41	locations of services offered by the applicant DUI program.
42	b. Services and fees offered by the applicant DUI program
43	and any existing DUI program.
44	c. The number of DUI clients currently served and
45	historical trends in the number of clients served in the
46	circuit.
47	d. The availability, accessibility, and service history of
48	any existing DUI program services.
49	e. The applicant DUI program's service history.
50	f. The availability of resources, including personnel,
51	demonstrated management capability, and capital and operating
52	expenditures of the applicant DUI program.
53	g. Improved services to minority and special needs
54	clients.
55	3. Authority for competing applicants and currently
56	licensed DUI programs serving the same geographic area to
57	request an administrative hearing under chapter 120 to contest
58	the department's determination of need for an additional
59	licensed DUI program in that area.
60	4. A requirement that the department revoke the license of
61	any DUI program that does not provide the services specified in
62	its application within 45 days after licensure and notify the
63	chief judge of that circuit of such revocation.
64	5. A requirement that all applicants for initial licensure
65	as a DUI program in a particular circuit on and after the
66	effective date of this act must, at a minimum, satisfy each of
67	the following criteria:
68	a. Maintain a primary business office in the circuit which
69	is located in a permanent structure that is readily accessible
70	by public transportation, if public transportation is available.
71	The primary business office must be adequately staffed and
72	equipped to provide all DUI program support services, including
73	registration and a file for each person who registers for the
74	program.
75	b. Have a satellite office for registration of DUI
76	offenders in each county in the circuit which is located in a
77	permanent structure that is readily accessible by public
78	transportation, if public transportation is available. A
79	satellite office is not required in any county where the total
80	number of DUI convictions in the most recent calendar year is
81	less than 200.
82	c. Have a classroom in each county in the circuit which is
83	located in a permanent structure that is readily accessible by
84	public transportation, if public transportation is available. A
85	classroom is not required in any county where the total number
86	of DUI convictions in the most recent calendar year is less than
87	100.A classroom may not be located within 250 feet of any
88	business that sells alcoholic beverages. However, a classroom
89	shall not be required to be relocated when a business selling
90	alcoholic beverages locates to within 250 feet of the classroom.
91	d. Have a plan for conducting all DUI education courses,
92	evaluation services, and other services required by the
93	department. The level I DUI education course must be taught in
94	four segments, with no more than 6 hours of classroom
95	instruction provided to any offender each day.
96	e. Employ at least 1 full-time certified addiction
97	professional for the program at all times.
98	f. Document support from community agencies involved in
99	DUI education and substance abuse treatment in the circuit.
100	g. Have a volunteer board of directors and advisory
101	committee made up of citizens who reside in the circuit in which
102	licensure is sought.
103	h. Submit documentation of compliance with all applicable
104	federal, state, and local laws, including, but not limited to,
105	the Americans with Disabilities Act.
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108	================= T I T L E A M E N D M E N T =================
109	On page 1, line(s) 12,
110	remove: all of that line and insert:
111	driver license; amend s. 322.292, F.S.; revising DUI
112	program licensing requirements; providing an effective
113	date.