Florida Administrative Code

(1) The fees approved by the Department shall be $25.00 for the eligibility screening, $286.00 for the initial evaluation and $55.00 for supervision sessions. If the applicant meets the criteria for eligibility, the $25.00 fee will be applied toward the initial evaluation fee of …

(1) The DUI Special Supervision Services shall consider the treatment referral criteria established for the Level I and Level II clients in assessing SSS clients. Referral to treatment shall also be indicated if one or more of the following three criteria are met: (a) Applicant r…

(1) A DUI program may elect to provide case monitoring services for Special Supervision Services applicants. (a) The program shall not mandate applicant participation. (b) The fee shall be $55 per session. (c) Face to face case monitoring sessions shall occur once a month. (2) Pr…

(1) The Department is authorized to deny an application for an original or renewal of a DUI program license or personnel certification for any of the following: (a) Failure to satisfy the required qualifications as provided in Chapter 15A-10, F.A.C. (b) Failure to submit a comple…

(1) Any complaint against a DUI program must be submitted to the Department in writing. The Department and all DUI programs shall provide to the complainant upon request a Driving Under the Influence Programs Complaint Form, HSMV Form 77054, incorporated by reference in Rule 15A-…

The forms identified by this rule are listed below by number, title, and effective date. Each form is incorporated by reference. Copies may be obtained by contacting the DUI Programs Section, Neil Kirkman Building, Tallahassee, Florida 32399-0571. (1) The following forms are not …

(1) Agent - A person who holds a valid identification card issued by the Department, pursuant to Chapter 488, F.S., indicating the individual is an agent for the CDS, or CTDS, and is authorized by the school to solicit on its behalf. (2) Commercial Driving School (CDS) - A school…

(1) No employee of the Department or immediate family member of a Department employee shall be connected in any capacity with any CDS or CTDS in accordance with Section 112.313(7), F.S. (2) A CDS shall not indicate that its program is in any way endorsed by the Department, except…

(1) The Department oversees and licenses all CDS, except CTDS licensed by the CIE. All private (non-public) CTDS are required to be licensed pursuant to Chapter 1005, F.S. No person, group, organization, institution, business entity, or corporate entity may engage in the business…

(1) No vehicle shall be used for instruction unless the licensee has obtained a school vehicle identification certificate from the Department, unless the student has signed a waiver to use their personal vehicle. The registration shall be carried in the vehicle at all times while…

(1) All programs of instruction offered by a CDS shall be consistent with and subject to the Florida Uniform Traffic Control Law, Chapter 316, F.S., and the laws concerning licensing of drivers, Chapter 322, F.S. (2) No CDS or CTDS instructor, employee or agent shall be permitted…

(1) All CDS instructors must submit an application and possess a valid instructor's certificate issued by the Department, which shall be carried in the instructional vehicle at all times while driving instructions are being given. The application shall be on form HSMV 77073S (Rev…

(1) Upon application to the Department, an agent shall be issued a card identifying him as an agent of a particular driving school to be used while acting on behalf of the school, if the agent is otherwise in compliance with these rules. All applications for agent identification …

The CDS is authorized, but not required, to use form HSMV77072S (Rev. 2/10), which is available as provided in Rule 15A-11.012, F.A.C. Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History-New 9-20-10.

(1) No person shall perform any instructional duties for any CTDS licensed under Chapter 1005, F.S., unless such person shall meet the qualifications for instructors as herein provided. All instructional personnel must submit an application and possess a valid instructor's certif…

(1) No vehicle shall be used for instruction unless it has been issued a federally approved safety inspection in accordance with Title 49 of the Code of Federal Regulations, section 396.17 (June, 17, 2009) and a motor vehicle registration by the Department. The safety inspection …

(1) Any license, certificate or agent identification card will be denied, revoked or suspended by the Department for the following reasons: (a) The violation of any provision of Chapter 488, F.S., or of any of these rules. (b) The conviction of, the plea of no contest to, or the …

The forms identified by this rule are listed below by number, title, and effective date. Each form is incorporated by reference. Copies may be obtained by contacting the Bureau of Driver Education and DUI Programs Section, Neil Kirkman Building, Tallahassee, Florida 32399-0571. T…

The Florida Motorcycle Safety Education Program shall be known as the Florida Rider Training Program (FRTP). Its purpose is to provide motorcycle safety training, course curriculum and the certification of instructors. Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implement…

(1) Basic Rider Course (BRC) - Standard beginner 15 hour motorcycle rider course as adopted by the Motorcycle Safety Foundation (MSF) and required for licensure to operate a motorcycle. The course curriculum shall be that prescribed by the Motorcycle Safety Foundation (MSF) and w…

Persons holding a valid driver license that includes a motorcycle endorsement or equivalent certificate from those states, countries or organizations that require successful completion of the Basic Rider Course, including a similar examination of the knowledge and skill of the ap…

(1) Locate a suitable area for a range. An unobstructed area of 200' x 300' is recommended. Potential alternatives can be found on the MSF website, www.msf-usa.org. A request for any range approval shall be made electronically or in writing to FRTP to secure a letter of authoriza…

(1) An organization authorized to conduct the Program shall adhere to the following: (a) All RiderCoaches must abide by the FRTP Rules of Professional Conduct, HSMV Form 72201 (10/2010), which is incorporated by reference, copies of which may be obtained from the FRTP website (ht…

(1) FRTP will regulate and periodically visit each Sponsor site to ensure compliance and quality assurance with these administrative rules, Florida Statutes, and compliance with all applicable MSF or ESC Agreements and course requirements. FRTP staff and contractors are authorize…

(1) RiderCoaches, as personnel, must complete the RiderCoach Apprentice Program (RCAP), as established by the MSF, prior to being employed by any Sponsor. (2) Prospective RiderCoaches must comply with the following: (a) Find a Sponsor School in their area to sponsor them. (b) Com…

(1) Administrative non-compliance is the failure to meet applicable FRTP or MSF or ESC requirements for reporting, providing notifications, record keeping and similar acts that do not compromise testing integrity or public safety. The first occurrence requires a written reprimand…

A person whose driver's license has been revoked pursuant to Section 322.26 or 322.27, F.S., who does not own a motor vehicle, shall not be required to show proof of future financial responsibility under Section 324.072, F.S., until such time as the person is eligible for reinsta…

Any person coming within the purview of Chapter 324, F.S., whose driver's license or registration and tag may be subject to suspension shall, upon written request to the Department in Tallahassee, Florida, be entitled to an administrative hearing. Upon receipt of a written reques…

Receipt of an application for a hearing by the Department shall automatically defer the entry of any order of suspension pending hearing and final determination by the Department and for an additional thirty (30) days thereafter to permit compliance with Chapter 324, F.S., in the…

(1) The scope of the hearing shall be limited to a determination of whether or not the applicant or the applicant's motor vehicle was involved in the accident, whether or not there is a probability of a civil judgment being rendered against the applicant for damages as a result o…

(1) Within fifteen working days from the receipt of application and payment of premium or deposit, the insurer shall make a financial responsibility filing of a certification of liability insurance form (SR-22) which the insurer shall provide, (Revised 06-71). (2) This form (SR-2…

(1) For renewals and new policies issued after June 1, 2014, proof that personal injury protection benefits and property damage liability insurance have been purchased when required under Sections 627.733 and 324.022, F.S., shall be made by the applicant at the time of registrati…

Pursuant to Section 320.02(5), F.S., owners of motor vehicles defined in Section 627.732, F.S. must provide proof of personal injury protection benefits and property damage liability insurance when registering their vehicle for use on the public highways. The Motor Vehicle Insura…

Rulemaking Authority 324.042 FS. Law Implemented 324.021, 324.031, 320.02(5) FS. History-New 5-23-78, Formerly 15A-3.09, Amended 12-11-89, 3-25-93, Repealed 8-5-12.

(1) Persons desiring to qualify as a self-insurer must meet the following requirements: (a) A natural person with private passenger vehicles shall possess a net unencumbered worth of at least $40,000. (b) A person, including any firm, partnership, association, corporation, or oth…

Florida authorized or eligible motor vehicle liability insurers delivering or issuing for delivery coverage which provides personal injury protection and property damage liability shall report to the Department in the manner specified in the Procedures Manual for Implementation o…

Any motor vehicle accident which results in death or personal injury, which involves a violation of willfully leaving the scene of an accident pursuant to Section 316.027(2) or 316.061(1), F.S., or which involves a violation of driving under the influence pursuant to Section 316.…

Security deposited pursuant to the provisions of Section 324.051(2)(a)4., F.S., with respect to claims for injuries to persons or properties resulting from an accident occurring prior to such deposit, shall be in the form and amount determined by the Department which, in its judg…

Any operator or owner whose driver's license or registration has been suspended pursuant to Section 627.733 or 316.646, F.S., may effect its reinstatement upon compliance with the requirements of this section and upon payment to the Department of a nonrefundable reinstatement fee…

Effective October 1, 1989, law enforcement officers are authorized to seize vehicle license plates pursuant to Sections 324.201 and 627.733(7), F.S., requires that one-third of the driver license reinstatement fee shall be distributed to the local government entity or state agenc…

These guidelines are used by the Medical Advisory Board of the Department of Highway Safety and Motor Vehicles for the purpose of guiding the Board's determination and assessment of the mental, physical or emotional disabilities affecting the ability of a person to safely operate…

(1) Alcohol - Any substance containing one-half of one percent or more alcohol by volume including ethanol, methanol, propanol, isopropanol, non-alcoholic beer or wine, and over the counter products. (2) Administrative Hearing - A proceeding before a panel pursuant to Chapters 12…

Rulemaking Authority 322.02(3), 322.126(1) FS. Law Implemented 322.05(7), 322.125, 322.126, 322.221(2)(c), 120.62 FS. History-New 6-27-82, Amended 7-29-84, 1-28-85, Formerly 15A-5.011, Repealed 8-5-12.

A report neccessitating the review of an applicant or licensed driver's physical or mental ability to safely operate a motor vehicle may come to the attention of the Department as the result of the: (1) Receipt by the Department of a motor vehicle crash report indicating that a p…

(1) Upon receipt of a report of an applicant or licensed driver exhibiting a mental or physical deficit, the Department may require an applicant or licensed driver to have his or her physician(s) complete one or more medical report form(s) and provide the Department with any othe…

(1) Following the Department's decision to deny a driving privilege, or to revoke, suspend, or cancel a driver license, an applicant or licensed driver may file a written request for a hearing pursuant to Section 322.222, F.S., and Rule 15A-1.0195, F.A.C., or appeal the decision …

Rulemaking Authority 322.20(3), 322.126(1) FS. Law Implemented 322.05(7), 322.125(1), (2), 322.126(1), 120.62 FS. History-New 7-5-81, Amended 6-27-82, Formerly 15A-5.03, Repealed 8-5-12.

(1) Applicants or licensed drivers must be seizure free for a period of two years before having their license issued or reinstated, but may apply at the end of six months to be reconsided by the Board for issuance or reinstatement if they are under regular medical supervision and…

(1) Recommendations by the Board as to whether an applicant or licensed driver who suffers from loss of consciousness can safely operate a motor vehicle will depend upon consideration of the Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004,…

Applicants or licensed drivers who experience cardiovascular deficits must present a Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., from their treating physician indicating their physical ability to safely operate a motor vehicle…