Florida Administrative Code

(1) Each course provider shall require all driver improvement schools conducting its course to have available for inspection and photocopying by the Department all student records for each course and the written policies and procedures for creating and maintaining such records. (…

(1) The course provider shall require each driver improvement school conducting its course to submit to the Department a completed form HSMV 72098 for each student completion pursuant to Section 322.0261, F.S., within fifteen (15) working days after the class was conducted. (2) T…

(1) The following shall subject a course provider to denial of approval of its driver improvement course: (a) Failure to satisfy any course approval requirement in this rule. (b) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law. (c)…

Each form is incorporated by reference. Copies may be obtained by contacting the Department, Bureau of Driver Improvement, Tallahassee, Florida. (1) Basic Driver Improvement Course Approval Form "A," HSMV Form 72908 (effective 10-91, revised 10-95); (2) Basic Driver Improvement C…

This chapter is promulgated pursuant to Sections 316.193, 316.1937, 316.1938, 322.16 and 322.2715, F.S. Rulemaking Authority 316.193, 316.1937, 316.1938, 322.16, 322.2715 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 316.193, 316.1937, 316.1938, 322.16…

The purpose of this chapter is to establish guidelines for certification and installation of Breath Alcohol Ignition Interlock Devices and implementing the use of such devices as required by Sections 316.193, 316.1937, 316.1938, 322.16 and 322.2715, F.S. Rulemaking Authority 316.…

(1) Alcohol. Any substance containing any form of alcohol as defined in Section 322.01(2), F.S. (2) Breath alcohol concentration (BrAC). The number of grams of alcohol per 210 liters of breath as defined in Section 322.01(3)(b), F.S. (3) Breath sample. The volume of breath to be …

(1) When required pursuant to Section 316.193, F.S. (2) When court ordered in accordance with Section 316.1937, F.S. (3) When required by the department pursuant to Section 322.271, F.S. Rulemaking Authority 316.193, 316.1937, 316.1938, 322.271 FS., Federal Register Vol. 57, No. …

(1) In consideration of a medical condition, a minimum breath sample of 1.0 litres of breath volume per blow may be considered, if the convicted person is certified by a licensed pulmonoligist to have a lung condition which will render the convicted person incapable of blowing a …

(1) All ignition interlock devices will be required to meet or exceed the standards set forth in the model specifications published in the Federal Register, Volume 57, No. 67, pages 11772-11787 by the National Highway Traffic Safety Administration. (2) Technical specifications fo…

(1) All ignition interlock devices used pursuant to Sections 316.193 and 316.1937, F.S., must be approved by the department. (2) The department shall contract with a manufacturer or manufacturers of ignition interlock devices for the services and commodities required for implemen…

(1) Each manufacturer under contract with the department will submit certification from an independent laboratory certifying that their ignition interlock device has been tested in accordance with the model specifications published in the Federal Register, Volume 57, No. 67, page…

(1) The ignition interlock device must be installed by a manufacturer or his representative in accordance with the guidelines published by the National Highway Traffic Safety Administration. (2) An orientation to the ignition interlock device will be developed and delivered by th…

(1) The convicted person must present photo identification to the service provider for all required services. (2) The service provider must: (a) Provide service at intervals specified in the contract with the department; (b) Calibrate the ignition interlock device; (c) Retrieve d…

(1) The licensed DUI programs shall, prior to each periodic update, review the summary report of the ignition interlock device data for each convicted person who is in the Special Supervision Services Program, as described in Chapter 15A-10, F.A.C. In addition to the periodic upd…

All ignition interlock devices that have been approved by the department shall have affixed a warning label containing the following: "WARNING - Any person tampering, circumventing, or otherwise misusing this device is guilty of a violation of law and may be subject to civil liab…

The manufacturer or laboratory shall indemnify and hold harmless the department from any and all claims, demands, actions, and costs whatsoever that may arise, directly or indirectly, out of any act or omission by the manufacturer or laboratory. Rulemaking Authority 316.1938 FS.,…

The department may conduct on-site audits of administrative offices and service providers to ensure compliance with the contract. Rulemaking Authority 316.193, 316.1937, 316.1938 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 316.193, 316.1937, 316.1938…

Rulemaking Authority 320.062 FS. Law Implemented 320.062 FS. History-New 11-20-75, Formerly 15B-1.01, Repealed 8-5-12.

(1) In compliance with Section 316.274(1)(a), F.S., the Department of Highway Safety and Motor Vehicles adopts the standards listed below for each device as indicated as its requirement for approval of the various types of warning devices for use with motor vehicles operating in …

(1) In compliance with Section 316.241(1), F.S., the Department of Highway Safety and Motor Vehicles adopts the Standards of the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) and applicable Federal Motor Vehicle Safety Standards as listed below …

(1) In compliance with Section 316.216(1) F.S., the Department of Highway Safety and Motor Vehicles adopts the standards of the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) and applicable Federal Motor Vehicle Safety Standards as listed below f…

(1) In compliance with Section 316.276(7)(b), F.S., the Department of Highway Safety and Motor Vehicles adopts the specifications of the American Society of Agricultural Engineers (Box 229, St. Joseph, Michigan 49085) for "Emblems for Identifying Slow-Moving Vehicles" as its requ…

Rulemaking Authority 316.211 FS. Law Implemented 316.211 FS. History-New 11-20-75, Formerly 15B-1.06, Amended 11-3-86, Repealed 8-5-12.

The Department adopts and approves the following eye protective devices for use by motorcycle operators. Each device must be in good repair, free of sharp edges or projections and made of material suitable for ophthalmic use. It shall be free from cracks, waves, bubbles or any ot…

The purpose of this chapter is to prevent the operation over the public streets and highways of any truck, truck tractor, trailer or semi-trailer which is in an unsafe condition as provided by Sections 316.215 and 316.610, Florida Statutes, and this chapter. The power to enforce …

The following sections of Chapter 316, Florida Statutes, shall constitute the criteria for safety inspections to be conducted by the Weight Inspection Officers of the Department of Transportation under Rule 15B-10.001, F.A.C.: Sections 316.215, 316.220, 316.221, 316.222, 316.2225…

The Florida Highway Patrol Auxiliary Policy Manual, effective June 1, 1992, is adopted by reference for use by the Department in administering the FHP Auxiliary pursuant to Section 321.24, F.S. Copies of the manual are available for inspection or copying at any local Florida High…

Rulemaking Authority 316.3045 FS. Law Implemented 316.3045 FS. History-New 12-25-90, Amended 11-21-06, Repealed 3-23-23.

(1) The purpose of this rule is to set forth the definition of the term "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S. (2) "Plainly Audible" shall mean any sound produced by a radio,…

(1) All light transmittance measuring devices to be used in obtaining evidence of noncompliance of light transmittance tolerances pursuant to Sections 316.2951 - 316.2954, F.S., for use in any court in the State of Florida shall, as a minimum, meet the requirements of this rule b…

(1) Light transmittance measuring devices shall be provided with a standardized reference sample and procedure for taking readings utilizing the reference sample. The device light source shall be mid-range in the visible spectrum (560 nanometers plus or minus 20 nanometers) and s…

(1) This rule chapter applies to motor carriers of commercial motor vehicles and nonpublic sector buses, and shippers of hazardous materials; establishes procedures for the payment of penalties in accordance with Chapter 316, F.S.; and establishes the amount of penalties for viol…

(1) The following penalties shall apply to violations found during compliance reviews of motor carriers and shippers of hazardous materials. The aggregate of penalties assessed during a compliance review shall not exceed the amounts prescribed in Section 316.3025 or 316.70, F.S. …

(1) Penalties imposed upon a motor carrier or shipper of hazardous materials are due and payable upon the issuance of a citation. Law enforcement officers, weight inspectors, and other authorized agents of the Department, upon issuance of a citation, shall allow motor carriers or…

For the purpose of this chapter, which sets forth the standards for approval of the Wireless Communications Device Driving Safety Program by the Department of Highway Safety and Motor Vehicles, the following words and phrases shall have the meaning indicated. (1) Class - One or m…

(1) All Wireless Communications Device Driving Safety Programs conducted in the State of Florida must be approved by the Department. (a) Each program provider seeking approval of a Wireless Communications Device Driving Safety Program must produce proof of ownership or copyright …

(1) Each program provider must provide each entity conducting its program a certificate of authority to conduct its program in the State. Such certificate must contain the name of the program provider, the name of the entity and the name of the Wireless Communications Device Driv…

(1) Each program provider shall have available for inspection and photocopying by the Department all Elective Student records for each program. (2) Each program provider shall have available for inspection and photocopying by the Department a list of Elective Students who complet…

(1) The program provider shall electronically submit notice of Elective Student completion through the Department's Driver Improvement Certificate Issuance System within 24 hours of an Elective Student's completion of the program. (2) The program provider shall also submit notice…

(1) The Department shall deny approval of a program provider's Wireless Communications Device Driving Safety Program if the program provider: (a) Fails to satisfy any program approval requirement in Chapter 15B-16, F.A.C. (b) Violates any applicable state or federal law. (c) Cond…

(1) All speed measuring devices to be used in obtaining evidence of motor vehicle speeds for use in any court in the State of Florida shall be of a type approved by the Department of Highway Safety and Motor Vehicles prior to their use. (2) In addition, evidence of the speed of a…

(1) Manufacturers of Doppler radar speed measuring devices (RSMD) shall submit a copy of a Federal Communications Commission (FCC) type acceptance certificate and other supporting documentation and components as requested by the Department, to the Department for each model to be …

(1) Radar speed measuring devices shall meet the design criteria as set forth in Chapter 3, Subpart A (s. 1221.1 - 1221.4) and Subpart B (s. 1221.11-1221.24) of the National Highway Traffic Safety Administration Technical Report, January 1994, D.O.T. HS 808-69, entitled, "Model M…

(1)(a) All RSMD's used in this state shall be subject to periodic bench tests at intervals not to exceed six months, to be conducted by an electronic technician who has a Federal Communications Commission, General Radiotelephone Operator License or a certification issued by one o…

Tests to determine the accuracy of Average Speed Calculators shall be performed as follows: (1) This subsection only pertains to ground vehicles which are inputting the distance used for speed measurement by use of the ASC distance measuring feature (if so equipped): (a) A distan…

Motor vehicle speedometer devices shall be tested by a speedometer testing shop or a motor vehicle repair shop prior to being put into use for speed enforcement and it shall be retested by a speedometer testing shop or a motor vehicle repair shop not less than once each six (6) m…

(1) Stop watches and analog measurement devices used in calculating speeds of motor vehicles shall be tested by a jeweler or watch repair-smith prior to being put into use and it shall be retested by a jeweler or watch repair-smith not less than once each six (6) months thereafte…

The following speed measuring devices have been approved for use in this State by the Department pursuant to this rule chapter. (1) Radar units acquired for use in this State after August 1, 1982, are listed below. Additional radar units will be approved by the Department based o…

(1) Manufacturers of laser speed measurement devices (LSMD) shall submit a report to the Department by an independent testing laboratory certifying that each model meets the following minimum design criteria: (a) The device shall measure transmitted and received light amplified b…