Florida Administrative Code

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 History-New 6-27-82, Amended 7-29-84, 1-28-85, Formerly 15A-5.011, Repealed 8-5-12.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…

Applicants or licensed drivers who suffer from deficits of memory or judgment 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 and mental ability to safely oper…

(1) Applicants or licensed drivers with static musculoskeletal or static neuromuscular disorders who demonstrate that they can safely operate a motor vehicle with or without the use of aids and devices based on an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C…

(1) Applicants or licensed drivers who have been adjudged incompetent will not be considered capable of safely operating a motor vehicle unless their competency has been judicially restored. (2) Applicants or licensed drivers who have suffered from severe mental disorders that ha…

(1) Applicants or licensed drivers who have 20/50 vision or worse in either eye, with or without corrective lenses, will be referred to an eye specialist for possible improvement. (2) Applicants or licensed drivers who have 20/70 vision in either eye or with both eyes may be issu…

(1) An applicant or licensed driver with a drug, alcohol, or substance abuse disorder that renders him or her incapable of operating a motor vehicle safely will not be issued a driver license or will have his or her driver license revoked. (2) An applicant or licensed driver with…

This rule chapter sets forth the standards for proceedings relating to the review of a suspension or disqualification of a person's driving privilege pursuant to Section 322.2615, 322.2616 or 322.64, F.S. Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. …

(1) Clerk - A division employee charged with the responsibility of performing the functions described in Rules 15A-6.003 and 15A-6.012, F.A.C. (2) Hearing Officer - The term "hearing officer" means a division employee designated to conduct any proceeding prescribed by these rules…

(1) In construing these rules or any order of a hearing officer, filing shall mean received by the office of the clerk of the appropriate division office during normal business hours or by the hearing officer during the course of a hearing. (2) All documents filed by the driver w…

In computing any period of time required by these rules, by order of a hearing officer, or by an applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be …

(1) The issuance of the Uniform Traffic Citation, HSMV Form 75903, or HSMV Form 75904, will inform the driver of the following: (a) The suspension or disqualification of the driving privilege if the driver's blood-alcohol or breath-alcohol level is .08 or higher or the driver ref…

(1) Initiation of a formal or informal review shall be made by a written request for review to the division. HSMV Form 78065 may be used for this purpose. (2) All requests for review shall include: (a) The name, address, driver license number, and date of birth of the driver; (b)…

(1) Any attorney who files a request for formal or informal review or who files any document with the division shall be deemed to have entered an appearance and be counsel of record in the proceeding. Any attorney representing the state of Florida may file a notice of appearance.…

(1) Any motion for recusal of a hearing officer shall be filed with the hearing officer before whom the case is pending prior to the start of the hearing. The motion shall be accompanied by a written statement stating particular grounds for which a hearing officer may be recused.…

Hearings shall be held at the nearest Department Hearing Office assigned to the county where the arrest occurred or the notice of suspension or disqualification was issued. The Hearing Officer is authorized to conduct all hearings using communications technology approved by the d…

(1) Written motions may be filed with the appropriate division office as provided in Rule 15A-6.003, F.A.C. Oral motions may be made during a hearing, and rulings on such motions shall be made on the record. (2) With the exception of oral motions made at a hearing, all motions sh…

(1) Whenever a formal review is to be conducted, the division shall issue and serve upon the driver a notice of hearing, HSMV Form 78059. The notice shall state the time and place of the hearing, shall include a statement of the legal authority and jurisdiction under which the he…

(1) The driver may request a subpoena/subpoena duces tecum, HSMV Form 78066, for signature and issuance by the clerk or by the hearing officer, for the officers and witnesses identified in documents submitted pursuant to Section 322.2615(2), F.S. These documents include the follo…

(1) Upon receipt of a timely request for formal review, the division shall schedule a hearing to be held within 30 days after the request is received by the division, unless waived by the driver. (a) If the division is unable to schedule a hearing within the 30-day period, the di…

(1) The division shall provide for the recording of all testimony. The Department shall retain the recording of the proceedings and the case files for a period of 60 days following the issuance of the final order by the hearing officer. In the event a driver appeals a final order…

(1) If the driver fails to appear at a scheduled hearing, the formal review shall be waived. The division shall inform the driver of his failure to appear by HSMV Form 78064, and shall include a final order. (2) The driver, or a properly subpoenaed witness who fails to appear at …

(1) Upon timely request for an informal review pursuant to Rule 15A-6.006, F.A.C., the hearing officer shall conduct an examination of any relevant materials submitted by the driver and the officer, including the materials referred to in Rule 15A-6.013, F.A.C. (2) The hearing off…

A driver may appeal a final order entered by the division by a petition for writ of certiorari filed with the circuit court pursuant to Sections 322.2615(13), 322.2616(14) or 322.64(13) and 322.31, F.S. A law enforcement agency may appeal any decision of the department invalidati…

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 nearest office of the Division of Driver's Licenses, Bureau of Administrative Reviews. (1) Florida DUI Uniform …

For the purpose of this chapter, the following words, acronyms, and phrases shall have the meanings indicated: (1) "Alternative Test" means a knowledge test that is given orally by an individual or in which a computer-assisted or taped recorded oral test is presented to the appli…

The purpose of these rules is to establish uniform procedures for the orderly administration of commercial driver's license skills and knowledge tests. Rulemaking Authority 322.02(6) FS. Law Implemented 322.51-.66 FS. History-New 4-7-91, Repromulgated 2-26-09.

These rules are applicable to all applicants for a Florida commercial driver's license. Rulemaking Authority 322.02(6) FS. Law Implemented 322.08, 322.51-.66 FS. History-New 4-7-91, Repromulgated 2-26-09.

(1) The endorsements to a commercial driver's license shall be as follows: (a) T - Double/Triple trailers. Any combination of a truck tractor, semitrailer, and trailer coupled together so as to operate a complete unit, except, triple trailers are not permitted in Florida; (b) P -…

(1) Special restrictions imposed on a commercial driver's license shall be as follows: (a) "Vehicles Without Air Brakes", means no operation of a commercial motor vehicle which is equipped with air brakes. To remove an airbrake restriction the driver must, at a minimum, successfu…

(1) If otherwise qualified an individual 18 years of age or older who holds a valid driver's license may be issued a commercial driver's instructional permit. Instructional permits are valid for six months. One six-month extension is permitted. (2) An individual who holds a comme…

(1) Upon making application for a CDL, any applicant who operates or expects to operate a commercial motor vehicle in interstate or foreign commerce or any applicant otherwise subject to 49 Code of Federal Regulations Part 391 of the Federal Motor Carrier Safety Regulations, purs…

(1) Upon making application for a CDL, any applicant who is not subject to Title 49 Code Federal Regulation Part 391, pursuant to Sections 322.08(4) and 322.59, F.S., shall certify such exemption to the Department. Any applicant making a certification pursuant to this section is …

(1) For an unrestricted Class "A" license, the driver must pass the combination vehicle knowledge exam, in addition to other applicable CDL knowledge exams, and the pretrip inspection, basic control and road test in a truck-tractor/semitrailer combination commercial vehicle as de…

Prior to the issuance of an original or renewal commercial driver's license or the reissuance of a commercial driver's license with a change of any classification, endorsement, restriction, or name change, the department shall: (1) Check the driving record of the applicant as mai…