Fla. Stat. 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 special supervision services evaluators. 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 program education and evaluation services are exempt from licensure under chapter 397. However, treatment programs must continue to be licensed under chapter 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:Adopt rules for statutorily required education, evaluation, and supervision of DUI offenders.Adopt rules for the administration and financial management of DUI programs, including, but not limited to:
Rules governing the types of expenditures that may be made by DUI programs from funds paid by persons attending such programs.
Rules 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.
Rules for reciprocity in relation to DUI programs in other states or countries that have programs similar to the DUI programs licensed by the department.
Such other rules as the department deems appropriate and necessary for the effective oversight of the DUI programs.
Implement procedures for the granting and revoking of licenses for DUI programs, including:
A uniform application fee not to exceed $1,000 but in an amount sufficient to cover the department’s administrative costs in processing and evaluating DUI program license applications. The application fee shall not apply to programs that apply for licensure to serve a county that does not have a currently licensed DUI program or where the currently licensed program has relinquished its license.
In considering an application for approval of a DUI program, the department shall determine whether improvements in service may be derived from the operation of the DUI program and the number of clients currently served in the circuit. The department shall apply the following criteria:
The increased frequency of classes and availability of locations of services offered by the applicant DUI program.
Services and fees offered by the applicant DUI program and any existing DUI program.
The number of DUI clients currently served and historical trends in the number of clients served in the circuit.
The availability, accessibility, and service history of any existing DUI program services.
The applicant DUI program’s service history.
The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.
Improved services to minority and special needs clients.
Authority for competing applicants and currently licensed DUI programs serving the same geographic area to request an administrative hearing under chapter 120 to contest the department’s determination of need for an additional licensed DUI program in that area.
A requirement that the department revoke the license of any DUI program that does not provide the services specified in its application within 45 days after licensure and notify the chief judge of that circuit of such revocation.
A requirement that all applicants for initial licensure as a DUI program in a particular circuit on and after the effective date of this act must, at a minimum, satisfy each of the following criteria:
Maintain a primary business office in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. The primary business office must be adequately staffed and equipped to provide all DUI program support services, including registration and a file for each person who registers for the program.
Have a satellite office for registration of DUI offenders in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A satellite office is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 200.
Have a classroom in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A classroom is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 100. A classroom may not be located within 250 feet of any business that sells alcoholic beverages. However, a classroom shall not be required to be relocated when a business selling alcoholic beverages locates to within 250 feet of the classroom.
Have a plan for conducting all DUI education courses, evaluation services, and other services required by the department. The level I DUI education course must be taught in four segments, with no more than 6 hours of classroom instruction provided to any offender each day.
Employ at least 1 full-time certified addiction professional for the program at all times.
Document support from community agencies involved in DUI education and substance abuse treatment in the circuit.
Have a volunteer board of directors and advisory committee made up of citizens who reside in the circuit in which licensure is sought.
Submit documentation of compliance with all applicable federal, state, and local laws, including, but not limited to, the Americans with Disabilities Act.
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.Establish policies and procedures for monitoring DUI programs compliance with all rules adopted by the department.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 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.Investigate complaints about the DUI programs and resolve problems in the provision of services to DUI offenders, as needed.

(a)

Adopt rules for statutorily required education, evaluation, and supervision of DUI offenders.

(b)

Adopt rules for the administration and financial management of DUI programs, including, but not limited to:Rules governing the types of expenditures that may be made by DUI programs from funds paid by persons attending such programs.Rules 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.Rules for reciprocity in relation to DUI programs in other states or countries that have programs similar to the DUI programs licensed by the department.Such other rules as the department deems appropriate and necessary for the effective oversight of the DUI programs.
1. Rules governing the types of expenditures that may be made by DUI programs from funds paid by persons attending such programs.
2. Rules 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. Rules for 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 rules 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, including:A uniform application fee not to exceed $1,000 but in an amount sufficient to cover the department’s administrative costs in processing and evaluating DUI program license applications. The application fee shall not apply to programs that apply for licensure to serve a county that does not have a currently licensed DUI program or where the currently licensed program has relinquished its license.In considering an application for approval of a DUI program, the department shall determine whether improvements in service may be derived from the operation of the DUI program and the number of clients currently served in the circuit. The department shall apply the following criteria:
The increased frequency of classes and availability of locations of services offered by the applicant DUI program.
Services and fees offered by the applicant DUI program and any existing DUI program.
The number of DUI clients currently served and historical trends in the number of clients served in the circuit.
The availability, accessibility, and service history of any existing DUI program services.
The applicant DUI program’s service history.
The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.
Improved services to minority and special needs clients.
Authority for competing applicants and currently licensed DUI programs serving the same geographic area to request an administrative hearing under chapter 120 to contest the department’s determination of need for an additional licensed DUI program in that area.A requirement that the department revoke the license of any DUI program that does not provide the services specified in its application within 45 days after licensure and notify the chief judge of that circuit of such revocation.A requirement that all applicants for initial licensure as a DUI program in a particular circuit on and after the effective date of this act must, at a minimum, satisfy each of the following criteria:
Maintain a primary business office in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. The primary business office must be adequately staffed and equipped to provide all DUI program support services, including registration and a file for each person who registers for the program.
Have a satellite office for registration of DUI offenders in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A satellite office is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 200.
Have a classroom in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A classroom is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 100. A classroom may not be located within 250 feet of any business that sells alcoholic beverages. However, a classroom shall not be required to be relocated when a business selling alcoholic beverages locates to within 250 feet of the classroom.
Have a plan for conducting all DUI education courses, evaluation services, and other services required by the department. The level I DUI education course must be taught in four segments, with no more than 6 hours of classroom instruction provided to any offender each day.
Employ at least 1 full-time certified addiction professional for the program at all times.
Document support from community agencies involved in DUI education and substance abuse treatment in the circuit.
Have a volunteer board of directors and advisory committee made up of citizens who reside in the circuit in which licensure is sought.
Submit documentation of compliance with all applicable federal, state, and local laws, including, but not limited to, the Americans with Disabilities Act.
1. A uniform application fee not to exceed $1,000 but in an amount sufficient to cover the department’s administrative costs in processing and evaluating DUI program license applications. The application fee shall not apply to programs that apply for licensure to serve a county that does not have a currently licensed DUI program or where the currently licensed program has relinquished its license.
2. In considering an application for approval of a DUI program, the department shall determine whether improvements in service may be derived from the operation of the DUI program and the number of clients currently served in the circuit. The department shall apply the following criteria:a. The increased frequency of classes and availability of locations of services offered by the applicant DUI program.b. Services and fees offered by the applicant DUI program and any existing DUI program.c. The number of DUI clients currently served and historical trends in the number of clients served in the circuit.d. The availability, accessibility, and service history of any existing DUI program services.e. The applicant DUI program’s service history.f. The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.g. Improved services to minority and special needs clients.
a. The increased frequency of classes and availability of locations of services offered by the applicant DUI program.
b. Services and fees offered by the applicant DUI program and any existing DUI program.
c. The number of DUI clients currently served and historical trends in the number of clients served in the circuit.
d. The availability, accessibility, and service history of any existing DUI program services.
e. The applicant DUI program’s service history.
f. The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.
g. Improved services to minority and special needs clients.
3. Authority for competing applicants and currently licensed DUI programs serving the same geographic area to request an administrative hearing under chapter 120 to contest the department’s determination of need for an additional licensed DUI program in that area.
4. A requirement that the department revoke the license of any DUI program that does not provide the services specified in its application within 45 days after licensure and notify the chief judge of that circuit of such revocation.
5. A requirement that all applicants for initial licensure as a DUI program in a particular circuit on and after the effective date of this act must, at a minimum, satisfy each of the following criteria:a. Maintain a primary business office in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. The primary business office must be adequately staffed and equipped to provide all DUI program support services, including registration and a file for each person who registers for the program.b. Have a satellite office for registration of DUI offenders in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A satellite office is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 200.c. Have a classroom in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A classroom is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 100. A classroom may not be located within 250 feet of any business that sells alcoholic beverages. However, a classroom shall not be required to be relocated when a business selling alcoholic beverages locates to within 250 feet of the classroom.d. Have a plan for conducting all DUI education courses, evaluation services, and other services required by the department. The level I DUI education course must be taught in four segments, with no more than 6 hours of classroom instruction provided to any offender each day.e. Employ at least 1 full-time certified addiction professional for the program at all times.f. Document support from community agencies involved in DUI education and substance abuse treatment in the circuit.g. Have a volunteer board of directors and advisory committee made up of citizens who reside in the circuit in which licensure is sought.h. Submit documentation of compliance with all applicable federal, state, and local laws, including, but not limited to, the Americans with Disabilities Act.
a. Maintain a primary business office in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. The primary business office must be adequately staffed and equipped to provide all DUI program support services, including registration and a file for each person who registers for the program.
b. Have a satellite office for registration of DUI offenders in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A satellite office is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 200.
c. Have a classroom in each county in the circuit which is located in a permanent structure that is readily accessible by public transportation, if public transportation is available. A classroom is not required in any county where the total number of DUI convictions in the most recent calendar year is less than 100. A classroom may not be located within 250 feet of any business that sells alcoholic beverages. However, a classroom shall not be required to be relocated when a business selling alcoholic beverages locates to within 250 feet of the classroom.
d. Have a plan for conducting all DUI education courses, evaluation services, and other services required by the department. The level I DUI education course must be taught in four segments, with no more than 6 hours of classroom instruction provided to any offender each day.
e. Employ at least 1 full-time certified addiction professional for the program at all times.
f. Document support from community agencies involved in DUI education and substance abuse treatment in the circuit.
g. Have a volunteer board of directors and advisory committee made up of citizens who reside in the circuit in which licensure is sought.
h. Submit documentation of compliance with all applicable federal, state, and local laws, including, but not limited to, the Americans with Disabilities Act.

(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.

(e)

Establish policies and procedures for monitoring DUI programs compliance with all rules adopted 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 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)

DUI programs must be operated by either governmental entities or not-for-profit corporations.

(4)

DUI education courses must be conducted by a certified DUI instructor in a classroom using face-to-face instruction and must provide for interaction in the classroom among offenders and the instructor. Courses may not be conducted via the Internet, remote electronic technology, home study, distance learning, or any other method in which the instructor and offenders are not physically present in the same classroom.

Source: Section 322.292 — DUI programs supervision; powers and duties of the department, https://www.­flsenate.­gov/Laws/Statutes/2024/0322.­292 (accessed Aug. 7, 2025).

322.01
Definitions 322.03
Drivers must be licensed 322.04
Persons exempt from obtaining driver license 322.05
Persons not to be licensed 322.07
Instruction permits and temporary licenses 322.09
Application of minors 322.10
Release from liability 322.11
Revocation of license upon death of person signing minor’s application 322.12
Examination of applicants 322.13
Driver license examiners 322.14
Licenses issued to drivers 322.15
License to be carried and exhibited on demand 322.015
Exemption 322.16
License restrictions 322.17
Replacement licenses and permits 322.18
Original applications, licenses, and renewals 322.20
Records of the department 322.21
License fees 322.22
Authority of department to cancel or refuse to issue or renew license 322.23
Suspending privileges of nonresidents and reporting convictions 322.24
Suspending resident’s license upon conviction in another state 322.25
When court to forward license to department and report convictions 322.025
Driver improvement 322.26
Mandatory revocation of license by department 322.27
Authority of department to suspend or revoke driver license or identification card 322.28
Period of suspension or revocation 322.29
Surrender and return of license 322.30
No operation under foreign license during suspension, revocation, or disqualification in this state 322.31
Right of review 322.031
Nonresident 322.32
Unlawful use of license 322.032
Digital proof of driver license or identification card 322.33
Making false affidavit perjury 322.34
Driving while license suspended, revoked, canceled, or disqualified 322.35
Permitting unauthorized minor to drive 322.36
Permitting unauthorized operator to drive 322.37
Employing unlicensed driver 322.38
Renting motor vehicle to another 322.39
Penalties 322.41
Local issuance of driver licenses prohibited 322.42
Construction of chapter 322.43
Short title 322.44
Driver License Compact 322.45
Department of Highway Safety and Motor Vehicles 322.46
Compact administrator 322.47
Executive head defined 322.48
Review of employee’s acts 322.49
Short title 322.50
Nonresident Violator Compact 322.51
Short title 322.051
Identification cards 322.52
Conflict with other laws 322.53
License required 322.54
Classification 322.055
Revocation or suspension of, or delay of eligibility for, driver license for persons 18 years of age or older convicted of certain drug offenses 322.56
Contracts for administration of driver license examination 322.056
Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses 322.57
Tests of knowledge concerning specified vehicles 322.058
Suspension of driving privilege due to support delinquency 322.59
Possession of medical examiner’s certificate 322.059
Mandatory surrender of suspended driver license and registration 322.61
Disqualification from operating a commercial motor vehicle 322.62
Driving under the influence 322.63
Alcohol or drug testing 322.64
Holder of commercial driver license 322.65
Driver license record exchange 322.065
Driver license expired for 6 months or less 322.66
Vehicles permitted to be driven during driving skills tests 322.70
Transactions by electronic or telephonic means 322.71
Investigations 322.75
Driver License Reinstatement Days 322.76
Clerk of Court Driver License Reinstatement Pilot Program in Miami-Dade County 322.081
Requests to establish voluntary checkoff on driver license application 322.091
Attendance requirements 322.095
Traffic law and substance abuse education program for driver license applicants 322.125
Medical Advisory Board 322.126
Report of disability to department 322.135
Driver license agents 322.141
Color or markings of certain licenses or identification cards 322.142
Color photographic or digital imaged licenses 322.143
Use of a driver license or identification card 322.161
High-risk drivers 322.201
Records as evidence 322.202
Admission of evidence obtained from the Division of Motorist Services 322.212
Unauthorized possession of, and other unlawful acts in relation to, driver license or identification card 322.221
Department may require reexamination 322.222
Right to review 322.245
Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other criminal case 322.251
Notice of cancellation, suspension, revocation, or disqualification of license 322.0255
Florida Motorcycle Safety Education Program 322.0261
Driver improvement course 322.263
Legislative intent 322.264
“Habitual traffic offender” defined 322.271
Authority to modify revocation, cancellation, or suspension order 322.272
Supersedeas 322.273
Penalty 322.274
Automatic revocation of driver license 322.276
Out-of-state sanctions 322.282
Procedure when court revokes or suspends license or driving privilege and orders reinstatement 322.283
Commencement of period of suspension or revocation for incarcerated offenders 322.291
Driver improvement schools or DUI programs 322.292
DUI programs supervision 322.293
DUI programs 322.341
Driving while license permanently revoked 322.391
Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives 322.0515
Department to forward certain information to federal Selective Service System 322.591
Commercial driver license and temporary commercial instruction permit 322.0602
Youthful Drunk Driver Visitation Program 322.1615
Learner’s driver license 322.2505
Court to forward license of person adjudicated incapacitated to department 322.2615
Suspension of license 322.2616
Suspension of license 322.2715
Ignition interlock device 322.26151
Review of materials submitted by law enforcement officer

Current through Fall 2025

§ 322.292. DUI programs supervision; powers & duties of the department's source at flsenate​.gov