Florida Administrative Code

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…

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 electronically check the Commercial Driver License In…

(1) The department may offer knowledge tests in written, computer-assisted, or alternative formats. (2) Applicants must obtain a minimum score of 80 percent to pass a commercial driver's license knowledge test. (3) Applicants who fail to pass the commercial driver's license knowl…

(1) The commercial driver's license skills test is a three-part test established by the department to certify the driving skills necessary for operation of a commercial motor vehicle. The test consists of: (a) Pretrip inspection; and, (b) Basic vehicle control skills test; and, (…

(1) Each applicant for a commercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive motor vehicles that may be driven under the type and class of license for which the applicant will be skills tested. (2) Class A Comme…

A commercial driver's license issued by the department shall comply with all of the following: (1) Requirements set forth in Sections 322.14 and 322.08, F.S. (2) Upon request of the person to whom the license is issued, a license shall indicate the fact that the person is an anat…

The department will not issue a hardship commercial driver's license authorizing a person to drive a commercial motor vehicle if the person's commercial driver's license is disqualified, suspended, revoked, or canceled. Rulemaking Authority 322.02(6) FS. Law Implemented 322.271 F…

(1) The following persons are exempt from the requirement to obtain a commercial driver's license: (a) Legitimate farm to market operations by farmers and to those operators of a farm vehicle which is: 1. Controlled and operated by a farmer; 2. Used to transport either agricultur…

(1) All applicants for a CDL hazardous materials (Hazmat) endorsements are required to undergo fingerprint-based background checks in accordance with the USA Patriot Act and federal regulations of the Transportation Security Administration, 49 CFR, Part 1572. Department policy an…

In accordance with Federal Motor Carrier Safety Administration Regulation 49 CFR, Section 383.77, applicants seeking waiver of CDL skills testing due to military experience must: (1) Pass all required written knowledge exams for the CDL class and endorsements they will be issued.…

(1) Commercial Driver License Third Party Administrators and Third Party Testers may be authorized by the Department to conduct driver license tests in accordance with Section 322.56, F.S. (2) Commercial Driver License Third Party Administrators and Third Party Testers shall comp…

This chapter sets forth the standards for approval of driver improvement courses and review of the effectiveness of these courses by the Department of Highway Safety and Motor Vehicles, and assuring their use to improve driver performance and highway safety and collection of asse…

For the purpose of this chapter, the following words and phrases shall have the meaning indicated. (1) Assessment Fee - A $2.50 fee for each person who elects to complete an Advanced Driver Improvement or Basic Driver Improvement course and a $3.00 fee for each person who complet…

(1) All driver improvement courses conducted in the State of Florida must be approved by the Department. (a) Each course provider seeking approval of a driver improvement course must produce proof of ownership, copyright or written permission from the course owner to use the cour…

(1) Course Approval - In the event that the currently approved curriculum for the Traffic Law and Substance Abuse Education course is no longer offered, approval of the Traffic Law and Substance Abuse Education course shall be based on Department review of the course materials, i…

(1) Each course provider shall provide to each driver improvement school conducting its course a certificate of authority to conduct its course in the State for presentation for the Clerk of Court in each Judicial Circuit in which the school operates. Such certificate must contai…

(1) In addition to enrollment fees, an assessment fee in the amount of $2.50 (two dollars and fifty cents) shall be collected from each student who elects to complete, a BDI or ADI course. (2) Each student shall be provided with a receipt which reflects that the $2.50 assessment …

(1) The course provider shall acquire from the Department assigned course completion certificate numbers prior to issuing any completion certificate and shall use such assigned numbers on all certificates issued for its course. (2) The course provider shall produce its own course…