reglab/statecodes huggingface dataset:
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-7 - COMMERCIAL DRIVER'S LICENSE › Section 15A-7.014 - Commercial Driver's License Document; Requirements; Class; Security Features

Current through Reg. 50, No. 138; July 16, 2024
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
				anatomical donor.
(3) A commercial
				driver's license shall indicate the class of license issued, and the acronym
				"CDL" shall appear on the face of the license.
(4) The department shall use such security
				procedures, processes and materials in the preparation, manufacture and
				issuance of any commercial driver's license that prohibits as nearly as
				possible anyone's ability to alter, counterfeit, duplicate or modify the
				license without ready detection. The security features used in the production
				of the licenses shall provide for the rapid authentication of a genuine
				document.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.08,
					 322.14
					 FS.
New 4-7-91, Repromulgated
					 2-26-09.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-7 - COMMERCIAL DRIVER'S LICENSE › Section 15A-7.015 - Commercial Driver's License for Hardship Purposes Only

Current through Reg. 50, No. 138; July 16, 2024
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
					 FS.
New 4-7-91, Amended
					 2-26-09.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-7 - COMMERCIAL DRIVER'S LICENSE › Section 15A-7.016 - Persons Exempt From Requirements of Commercial Driver's License Program; Noncommercial Driver's License Endorsement

Current through Reg. 50, No. 138; July 16, 2024
(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
				agricultural, horticultural or forestry products, farm machinery, farm supplies
				or both to or from farm or harvest place to the first place of processing or
				storage or from farm or harvest place directly to market;
3. Not used in the operations of a common or
				contract motor carrier; and,
4.
				Used within 150 miles of the person's farm.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-7 - COMMERCIAL DRIVER'S LICENSE › Section 15A-7.017 - Hazmat Endorsement Threat Assessment Program

Current through Reg. 50, No. 138; July 16, 2024
(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 and procedures for processing Hazmat
				applicants procedures conform to  49 CFR Part 1572  in all respects.
(2) Hazmat endorsements and the associated
				background check results obtained in other states are not transferable to
				Florida CDLs. All Hazmat applicants including applicants reciprocating an out
				of state Hazmat-endorsed CDL are required to pass a new Hazmat knowledge exam
				and a new background check. Applicants presenting Hazmat endorsed CDLs from
				other states in conjunction with application for a Florida CDL will receive a
				90-day temporary Hazmat endorsement pending completion of this process. Florida
				CDLs issued to these applicants will display "Hazmat until (date of issuance +
				90 days)."
(3) Hazardous materials
				knowledge test results older than 60 days prior to the date of application may
				not be used to meet the testing requirement for issuance of a Hazmat
				endorsement.
(4) In accordance with
				Section  322.18(2)(e),
				F.S., hazmat-endorsed CDLs are valid for a period of 4 years. Hazmat-endorsed
				CDLs may be renewed up to 12 months in advance of their expiration
				dates.
(5) In accordance with
				Section  322.21(1)(h),
				F.S., the application fee for a Hazmat endorsement is set at $91. This fee
				applies in addition to other applicable issuance and endorsement fees
				established by Section
				 322.21,
				F.S.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.18(2)(e),
					 322.21(1)(h)
					 FS.
New 2-26-09.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-7 - COMMERCIAL DRIVER'S LICENSE › Section 15A-7.018 - Military Qualifications for Waiver of Commercial Driver License Skills Test

Current through Reg. 50, No. 138; July 16, 2024
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.
(2) Apply for the CDL qualification waiver
				while on active duty status or within 90 days of separation of service. The
				applicant must provide a military active duty identification card or DD-214
				(military discharge papers). The skills test waiver process must be completed,
				and the CDL issued, within 120 days of separation from service.
(3) Certify that for at least 2 years
				immediately proceeding the application, he or she operated a motor vehicle
				representative of the CDL class and endorsements for which he or she is
				applying.
(4) To waive the CDL
				skills test the applicant must present the Certification for Waiver of Skill
				Test for Military Personnel form, filled out in its entirety, and signed by his
				or her commanding officer or designee.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.12
					 FS.
New 2-26-09.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-7 - COMMERCIAL DRIVER'S LICENSE › Section 15A-7.019 - Third Party Testing Program

Current through Reg. 50, No. 138; July 16, 2024
(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 comply with all applicable rules
				established in this chapter.
(3)
				Commercial Driver License Third Party Administrators and Third Party Testers
				shall comply with contractual agreements, instructional manuals, approved
				testing locations and routes, and similar written documents establishing
				policies, procedures and recordkeeping requirements to maintain the integrity
				of the testing program.
(4)
				Electronic and written records created by Commercial Driver License Third Party
				Administrators and Third Party Testers are public records of the State of
				Florida, and are subject to applicable laws and penalties regarding
				falsification of such records. Acts that constitute falsification of third
				party testing records include, but are not limited to:
(a) Entry of information on CDL test score
				sheets that falsifies the parts of a test performed, the type of vehicle used,
				the test applicant's (driver's) performance, the time of a test or any of its
				parts, the identity of the applicant, or the identity of the person conducting
				the test;
(b) Entry of information
				in the Department's electronic test records that falsifies the parts of a test
				performed, the type of vehicle used, the test applicant's (driver's)
				performance, the time of a test or any of its parts, the identity of the
				applicant, or the identity of the person conducting the test. Use of the
				tester's login name and password to create an electronic test record is deemed
				an electronic signature affirming that the test was personally conducted and
				the results were entered by that tester.
(c) Withholding or destruction of information
				that falsifies the true record of test activity, such as not recording a test
				given but failed by the applicant.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
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 assessment fees
				  pursuant to Sections  318.1451 and
				   322.095, F.S.
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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 completes a Traffic Law
				and Substance Abuse Education course, which must be collected by the driver
				improvement school and remitted by the course provider to the
				Department.
(2) Class - One or more
				sessions of an approved driver improvement course conducted by a driver
				improvement school.
(3) Course
				Provider - Any person or entity who owns the copyright or the proprietary
				interests in a driver improvement course(s) or has received written permission
				from the course owner to facilitate use of the course by a driver improvement
				school in the State of Florida. A driver improvement school or person can be
				designated as the course provider, but only one course provider shall be
				designated for each driver improvement course in the State of
				Florida.
(4) Court Ordered
				Completion - Completion of a driver improvement course by a student pursuant to
				an order or directive of a court of competent jurisdiction. This does not
				include completion required by the Department or elected by the student not
				mandated by the court.
(5)
				Department - The Florida Department of Highway Safety and Motor
				Vehicles.
(6) Driver Improvement
				Course - A curriculum approved by the Department for use in the State of
				Florida pursuant to Section
				 318.1451 or
				 322.095, F.S.
(a) Basic Driver Improvement (BDI) Course - A
				curriculum designed for drivers who attend pursuant to Section
				 318.14(9)  or
				 322.0261, F.S.
(b) Advanced Driver Improvement (ADI) Course
				- A curriculum designed for drivers who attend by order of the court or
				pursuant to Section  322.291, F.S.
(c) Traffic Law and Substance Abuse Education
				Course - A curriculum designed for new drivers who have not been licensed in
				any other jurisdiction and required by Section
				 322.095,
				F.S.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.003 - Driver Improvement School Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 12-14-93, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.004 - Certificate of Approval: Requirements and Limitations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 12-14-93, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.005 - Certificate of Approval: Business and Instruction Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 12-14-93, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.006 - Course Approval

Current through Reg. 50, No. 138; July 16, 2024
(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 course in the
				State of Florida.
(b) Each course
				provider shall maintain a physical office in the State of Florida, and keep all
				records pertinent to the conduct of its course in such office for review and
				inspection by the Department.
(c)
				In order to retain Department approval and ensure that the course remains
				effective, the Department shall require effectiveness studies as follows:
1. BDI course shall be studied every five (5)
				years under the criteria listed in forms HSMV 72908 and HSMV 72909.
2. ADI courses shall be studied every five
				(5) years under the criteria listed in form HSMV 72946.
3. The Department shall identify the areas or
				localities within the State of Florida from which the required data will be
				provided and precision matched for the course study.
(d) In order to obtain and retain approval by
				the Department each course provider shall ensure that all driver improvement
				schools conducting the course fully and promptly comply with the applicable
				laws of the State of Florida.
(e)
				In order to obtain and retain Department approval each course provider shall
				fully comply with Chapter 15A-8, F.A.C.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.0061 - Traffic Law and Substance Abuse Education Course

Current through Reg. 50, No. 138; July 16, 2024
(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, independent scientific research evidence of
				course effectiveness, monitoring of course presentation by the Department and
				effective oversight of the course by the provider in the State of
				Florida.
(2) A course provider
				seeking approval of the Traffic Law and Substance Abuse Education course must
				submit to the Department the information, documents and independent scientific
				research evidence of course effectiveness stated in the Traffic Law and
				Substance Abuse Education Course Approval Form, HSMV 72983. The Department
				review of the course shall be based on the following:
(a) The course provides effective instruction
				in the following four (4) topics:
1.
				Physiological and psychological consequences of abuse of alcohol and other
				drugs.
2. The societal and economic
				cost of alcohol and drug abuse.
3.
				The effects of alcohol and drug abuse on the driver of a motor
				vehicle.
4. The laws of the State
				of Florida relating to the operation of a motor vehicle.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.007 - Course Conduct - BDI and ADI Courses

Current through Reg. 50, No. 138; July 16, 2024
(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 contain the name of the course provider, the name of the
				driver improvement school and the name of the driver improvement course. Each
				course provider shall submit to the Department a copy of all such certificates
				within ten (10) days of issuance.
(2) The course provider shall ensure that
				only Department approved instructional materials are used in the presentation
				of the course, and that all driver improvement schools conducting the course
				conduct such course in order to maximize its impact and
				effectiveness.
(3) The course
				provider shall submit to the Department a completed form HSMV 72911 for BDI or
				form HSMV 72912 for ADI, once each calendar year for each instructor teaching
				its course.
(4) The course provider
				shall require all instructors who teach its course to complete the In-Service
				Instructor Training Program for that particular course as specified in forms
				HSMV 72908, HSMV 72909 and HSMV 72946 at least once every two years.
(5) The course provider shall ensure that
				each driver improvement school conducting its course shall comply with the
				assessment fee collection required by Section
				 318.1451, F.S., and the
				reporting procedures in Chapter 15A-8, F.A.C.
(6) The course provider shall ensure that
				each person who successfully completes a driver improvement course is issued at
				the time of completion a fully executed certificate of course completion. Where
				applicable, the certificate must include:
(a)
				The name of the student as listed on the driver license.
(b) The driver license number of the
				student.
(c) The date of birth of
				the student.
(d) The course
				completion certificate number assigned by the Department.
(e) The name of the driver improvement
				course.
(f) The name of the driver
				improvement school conducting the course.
(g) The date that the student completed the
				course.
(h) Whether the course
				completion was ordered by a court. In such case, the certificate must include
				the court's circuit and county.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.008 - Assessment Fees Collection and Reporting - BDI and ADI Courses

Current through Reg. 50, No. 138; July 16, 2024
(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 fee was
				collected.
(3) The course provider
				shall submit on or before May 1 of each calendar year an annual report
				consisting of a fully completed form HSMV 72930 (BDI) or HSMV 72931 (ADI), for
				each driver improvement school conducting its course.
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 10-12-92, 12-14-93,
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.0081 - Course Completion Certificates - BDI and ADI Courses

Current through Reg. 50, No. 138; July 16, 2024
(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 completion certificates with the Department assigned numbers prominently
				pre-printed on their face.
(3) The
				course provider shall require that all driver improvement schools conducting
				its course report to the course provider the disposition of all course
				completion certificates.
(4) The
				course provider shall submit to the Department a quarterly report on the
				disposition of all assigned course completion certificate numbers used during
				the period.
(5) The quarterly
				report must be submitted in a DOS computer format acceptable to the Department,
				ASCI II, no later than the 30th day of the month following the end of each year
				quarter.
(6) The report must
				include the following information about each student who receives a
				certificate:
(a) The name of the student as
				listed on the driver license.
(b)
				The driver license number of the student.
(c) The date of birth of the
				student.
(d) The course completion
				certificate number assigned by the Department.
(e) Whether the course completion was ordered
				by a court. In such case, the report must include the court's circuit and
				county.
(f) The date of course
				completion by the student.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.009 - Student Records - BDI and ADI Courses

Current through Reg. 50, No. 138; July 16, 2024
(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.
(2)
				Each course provider shall require all driver improvement schools conducting
				its course to have available for inspection and photocopying, by the
				Department, a list of students who complete each class conducted and
				information necessary to issue duplicate certificates to such
				students.
(3) The course provider
				shall require that the above records be available for a minimum of five (5)
				years. Records may be maintained in an electronic format.
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.0091 - Course Completion - BDI and ADI Courses

Current through Reg. 50, No. 138; July 16, 2024
(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) 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 enrolled in an ADI course, within
				fifteen (15) days after the class was conducted.
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.0092 - Denial, Suspension or Revocation of Course Approval

Current through Reg. 50, No. 138; July 16, 2024
(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) Failure to satisfy the effectiveness
				criteria as outlined in forms HSMV 72908, HSMV 72909, HSMV 72946 or HSMV
				72983.
(d) Conducting a driver
				improvement course in the State of Florida prior to receiving Department
				approval.
(e) Prior revocation of
				approval of the course by the Department.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.010 - School Enrollment Forms: Contents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 12-14-93, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.011 - Course Attendance Control (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 12-14-93, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.012 - Instructor Certificates; Selection; Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.013 - Driver Improvement School Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 12-14-93, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.014 - Annual Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.015 - Audit Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 10-12-92, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.016 - Suspension or De-Certification of School Approval or Instructor Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 10-12-92, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.017 - Complaints (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Repealed
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-8 - DRIVER IMPROVEMENT SCHOOLS › Section 15A-8.018 - Forms

Current through Reg. 50, No. 138; July 16, 2024
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 Course Approval Form "B, " HSMV Form 72909 (effective 10-91),
				revised 10-95);
(3) Annual Report
				Basic Driver Improvement School, HSMV Form 72930 (revised 04-92,
				12-95);
(4) Annual Report Advanced
				Driver Improvement School, HSMV Form 72931 (revised 04-92, 12-95);
(5) Student Status Report Form, HSMV Form
				72098 (effective 09-90, revised 03-93, 01-96);
(6) Requisition For Supplies Form, HSMV Form
				72932 (effective 07-01-91);
(7)
				Advanced Driver Improvement Instructor Evaluation Report Form HSMV 72912
				(effective 07-01-91);
(8) Basic
				Driver Improvement Instructor Evaluation Report Form, HSMV Form 72911
				(effective 07-01-91);
(9) Advanced
				Driver Improvement Course Approval Form, HSMV Form 72946 (effective 10-91,
				revised 10-95, 01-96);
(10) Annual
				Report Drug, Alcohol and Traffic Education Course and School, HSMV Form 72958
				(effective 09/92, revised 12-95);
(11) D.A.T.E. Instructor Evaluation Report
				Form, HSMV Form 72966 (effective 10/91);
(12) Traffic Law and Substance Abuse
				Education Course Approval, HSMV Form 72983 (effective
				10/95).
Rulemaking Authority
					 322.02(4) FS.
					 Law Implemented 318.1451
					 FS.
New 12-24-91, Amended 10-12-92, 12-14-93,
					 5-7-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.001 - Authority

Current through Reg. 50, No. 138; July 16, 2024
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,
					 322.2715 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended 1-20-04,
					 3-22-07.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.002 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
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
					 316.193,
					 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,
					 322.2715 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended 1-20-04,
					 3-22-07.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.004 - When Ignition Interlock Devices Are Required

Current through Reg. 50, No. 138; July 16, 2024
(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. 67, pages 11772-11787. Law Implemented
					 316.193,
					 316.1937,
					 316.1938,
					  322.16,
					  322.271 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended
					 1-20-04.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.0041 - Medical Considerations

Current through Reg. 50, No. 138; July 16, 2024
(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 breath sample into an ignition
				interlock device, after appropriate review by the Medical Review Board of such
				medical condition and certification.
(2) When a medical condition exists in the
				convicted person which makes such person incapable of properly operating the
				ignition interlock device, the convicted person may submit a medical report
				from an appropriate specialist to the Medical Review Board who shall review and
				issue a finding of the medical incapacity. Pursuant to the authority under
				Section  322.2715, F.S., the use of the
				ignition interlock requirement may be waived or modified.
(a) If a medical waiver has been approved for
				a convicted person seeking a hardship license, the convicted person shall not
				be entitled to a hardship license until the required installation period of the
				ignition interlock device prescribed in Section
				 322.2715, F.S. expires, in
				addition to the time requirements outlined in Section
				 322.271, F.S.
(b) If a medical waiver has been approved for
				a convicted person seeking permanent reinstatement of the driver's license, the
				convicted person will not be entitled to such reinstatement until the required
				installation period of the ignition interlock device prescribed in Section
				 322.2715, F.S.
				expires.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.005 - Specifications

Current through Reg. 50, No. 138; July 16, 2024
(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 for the
				operation and installation of the ignition interlock device shall be described
				in the contract between the department and the manufacturer(s).
(3) The ignition interlock devices alcohol
				fail point shall be the level specified by Section
				 316.1937, F.S.
(4) For initial startup of the motor vehicle:
(a) The first breath test above the fail
				point shall result in a five (5) minute temporary lockout.
(b) The second breath test above the fail
				point is a violation and shall result in a 30-minute temporary
				lockout.
(c) The violations reset
				message shall instruct the convicted person to return the ignition interlock
				device to the service provider for servicing within five (5) days.
(d) If the ignition interlock device is not
				reset within five (5) days, a permanent lockout will occur.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.006 - Procedure for Ignition Interlock Device Approval

Current through Reg. 50, No. 138; July 16, 2024
(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 implementation
				of Sections  316.193,
				 316.1937 and
				 316.1938, F.S.
(3) The department shall maintain a list of
				approved ignition interlock devices.
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 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended
					 1-20-04.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.007 - Certification

Current through Reg. 50, No. 138; July 16, 2024
(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,
				pages 11772-11787 by the National Highway Traffic Safety Administration and the
				ignition interlock device meets or exceeds those specifications, as well as
				criteria set forth in the contract with the department.
(2) The manufacturer shall be responsible for
				the continuing certification of ignition interlock device service providers for
				use of an approved ignition interlock device.
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 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended
					 1-20-04.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.008 - Installation and De-installation

Current through Reg. 50, No. 138; July 16, 2024
(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 the service provider to the convicted
				person and other persons who may drive the vehicle, including information on
				all servicing locations, procedures for regular servicing and emergency
				situations.
(3) Whenever an
				ignition interlock device is de-installed, the vehicle must be restored to its
				original condition. All severed wires must be permanently reconnected and
				insulated with heat shrink tubing or its equivalent.
(4) Prior to installation of the ignition
				interlock device, the convicted person must provide to the service provider:
(a) Photo identification;
(b) The VIN numbers of all motor vehicles
				owned or routinely driven by the convicted person; and,
(c) A statement disclosing the names of all
				other operators of the motor vehicles owned or driven by the convicted
				person.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.009 - Servicing

Current through Reg. 50, No. 138; July 16, 2024
(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 data from the
				ignition interlock device data log for the previous period and electronically
				submit it to the department within 3 days of calibration;
(d) Record the odometer reading of the motor
				vehicle in which the ignition interlock device is installed; and,
(e) Check for signs of tampering and
				electronically report to the department any violation within 48 hours of
				servicing.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.010 - Monitoring

Current through Reg. 50, No. 138; July 16, 2024
(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 update fee listed in Chapter
				  15A-10, F.A.C., the fee to be charged by the DUI program shall not exceed
				  $10.
(2) The department will
				refer the convicted person who is not in the Special Supervision Services
				Program to a licensed DUI program:
(a) Upon
				the first violation, as defined in subsection
				 15A-9.003(23),
				F.A.C.
1. The convicted person must schedule
				an appointment with the DUI program within twenty (20) days from the date of
				the referral letter. The DUI program shall notify the department within 10 days
				of when the convicted person contacts the DUI program. If notification is not
				received within 45 days from the date of the referral letter, the department
				will cancel the convicted person's driver license.
2. The DUI program shall complete the
				Ignition Interlock Device Interview Report, HSMV Form 77136, referenced in
				subsection  15A-9.012(1),
				F.A.C., to document the face-to-face interview.
3. The interview fee to be charged by the DUI
				programs shall be $25. This is the only fee to be charged for the services
				except for department-approved ancillary fees, as provided in Chapter 15A-10,
				F.A.C.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.011 - Warning Label

Current through Reg. 50, No. 138; July 16, 2024
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 liability."
				  The cost and supply of the warning labels to be affixed to the ignition
				  interlock devices shall be borne by the manufacturer. The manufacturer shall
				  submit to the department a prototype of the warning label for
				  approval.
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 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended
					 1-20-04.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.012 - Liability

Current through Reg. 50, No. 138; July 16, 2024
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., Federal Register
					 Vol. 57, No. 67, page 11772. Law Implemented
					 316.1938 FS., Federal Register
					 Vol. 57, No. 67, page 11772.
New 10-12-92.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-9 - BREATH ALCOHOL IGNITION INTERLOCK DEVICES › Section 15A-9.013 - Auditing of Administrative Offices and Service Providers

Current through Reg. 50, No. 138; July 16, 2024
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 FS., Federal Register
					 Vol. 57, No. 67, pages 11772-11787.
New 10-12-92, Amended
					 1-20-04.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter sets forth the standards for licensing
				  Driving Under the Influence programs, certifying personnel, and regulating the
				  conduct of these programs and courses by the Department of Highway Safety and
				  Motor Vehicles pursuant to Sections
				   322.292 and
				   322.293, F.S. Compliance with
				  these rules is required to obtain and to maintain licensure and certification
				  by the Department.
Rulemaking Authority
					 322.02,
					 322.292,
					 322.293 FS. Law Implemented
					 322.292,
					 322.293
					 FS.
New 1-4-95.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.003 - Reciprocity

Current through Reg. 50, No. 138; July 16, 2024
DUI programs recognized, approved, licensed, or certified by
				  another state or country's driver license authority, shall be recognized by the
				  Department as being similar to the Driving Under the Influence program in this
				  State.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292(2)(b)
					 FS.
New 1-4-95, Amended
					 3-4-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.004 - Application for Licensure to Conduct a Driving Under the Influence Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Application:
(a) An application shall be made in writing
				to the Department on the Application for Licensure as a Driving Under the
				Influence (DUI) program, HSMV Form 77035, incorporated by reference in Rule
				 15A-10.043, F.A.C., furnished by
				the Department.
(b) The Department
				shall give written notice to any licensed DUI program(s) operating in the
				circuit that another organization has applied for licensure.
(c) The program approval process shall
				include documentation of the consultation between the Department and the chief
				judge of the judicial circuit in which the program is to be
				located.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-10 - DUI PROGRAMS › Section 15A-10.006 - Relinquishment of Licensure

Current through Reg. 50, No. 138; July 16, 2024
In a circuit in which the licensed program is voluntarily
				  relinquishing its license or had its licensure revoked, thereby leaving no
				  program in that circuit, the Department shall notify all programs of the
				  current or impending revocation or surrender of license and accept applications
				  for licensure in the vacant circuit. All programs seeking licensure, including
				  others than those notified, shall apply to the Department for licensure. The
				  Department shall conduct an investigation to determine whether the petitioning
				  organization meets the criteria of these rules.
Rulemaking Authority
					 322.02,
					 322.292 FS. Law Implemented
					 322.292
					 FS.
New 1-4-95, Amended
					 3-4-97.