reglab/statecodes huggingface dataset:
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-5 - MEDICAL ADVISORY BOARD GUIDELINES › Section 15A-5.011 - Vision Standards

Current through Reg. 50, No. 138; July 16, 2024
(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
				issued a license with or without corrective lenses, if vision cannot be
				improved; however, if one eye is blind, or 20/200 or worse, the other eye must
				be 20/40 or better.
(3) The minimum
				acceptable field of vision for an applicant or licensed driver is 130 degrees
				using a 4 mm2 white target.
(4) Applicants or licensed drivers who cannot
				meet these standards will not be issued a driver license or will have their
				driver license revoked. When requested by the Department, applicants or
				licensed drivers must present a Report of Eye Examination, HSMV 72010 S,
				effective 07/18, incorporated by reference in Rule
				 15A-1.013, F.A.C., or a Prism
				Form, HSMV 72111, effective 07/18,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09596
,
				herein incorporated by reference, by an eye specialist indicating visual
				standards required for licensing. Copies of the forms are available on the
				Department's website.
(5) The use
				of telescopic lenses to meet visual standards is not
				permitted.
Rulemaking Authority
					 322.02(6),
					 322.125(7),
					 322.126(1) FS.
					 Law Implemented  322.05(7),
					 (10),
					  322.125(1), (2),
					 (3),
					  322.126(1),
					  322.221(2)(c) 
					 FS.
New 7-5-81, Formerly 15A-5.11, Amended 8-15-16,
					 7-31-18.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-5 - MEDICAL ADVISORY BOARD GUIDELINES › Section 15A-5.012 - Drug Addiction and Alcoholism

Current through Reg. 50, No. 138; July 16, 2024
(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 a drug, alcohol, or substance abuse disorder may be
				approved for licensure after he or she has received counseling and/or treatment
				from a substance abuse specialist or treatment center and has met all
				requirements identified in Chapters 316 and 322, F.S. In addition, the
				applicant or licensed driver must provide to the Department an Alcohol and Drug
				Usage Form, HSMV 72480, effective 07/18,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09586
,
				herein incorporated by reference, from a physician or treatment source
				indicating that they are compliant with treatment and are capable of operating
				a motor vehicle safely. A copy of the form is available on the Department's
				website.
Rulemaking Authority 322.02(6), 322.125(7)
					 322.126(1) FS.
					 Law Implemented 322.05(7),
					 (10),
					 322.125(1), (2),
					 (3),
					 322.126(1),
					 322.221(2)(c)
					 FS.
New 7-31-18.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
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.
					 Law Implemented 322.2615,
					 322.2616,
					  322.64 FS.
New 10-1-90, Amended 10-7-91,
					 7-3-97.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(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.
(3)
				Division - The term "division" means the Division of Motorist Services of the
				Department of Highway Safety and Motor Vehicles.
(4) Formal Review - An evidentiary hearing
				requested by the driver or his attorney pursuant to Rule
				 15A-6.006, F.A.C.
(5) Informal Review - A review of the
				materials submitted by the driver and the officer without the presence of the
				driver, the officer, or any witness pursuant to Rule
				 15A-6.018, F.A.C.
(6) Service - Service of any document as
				provided by these rules shall be by regular United States mail or by personal
				delivery.
(7) Disqualification - A
				prohibition, other than an out-of-service order, that precludes a person from
				driving a commercial motor vehicle.
(8) Recusal - The removal of a hearing
				officer from a review because of a well-founded fear that the driver will not
				receive a fair and impartial hearing.
(9) Suspension - The temporary withdrawal of
				a licensee's privilege to drive a motor vehicle.
Rulemaking Authority
					 322.2615(12),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented  322.2615(1), (2),
					 (6),
					  322.64(1), (2),
					 (6)  FS.
New 10-1-90, Amended
					 10-7-91.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.003 - Filing

Current through Reg. 50, No. 138; July 16, 2024
(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 with
				the division shall contain the following:
(a)
				The style of the proceeding, if known;
(b) The name of the driver and the driver's
				license number;
(c) The docket,
				case, citation, or file number, if any;
(d) The name, address, and telephone number
				of the person filing the document; and,
(e) The signature of the person filing the
				document.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.004 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
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 included
				  unless it is a Saturday, Sunday, legal holiday or any other day in which the
				  applicable division office is closed in which event the period shall run until
				  the end of the next day which is neither a Saturday, Sunday, legal holiday or
				  other day in which the applicable division office is closed. For purposes of
				  these rules, legal holiday means those days designated in Section
				   110.117, F.S.
Rulemaking Authority
					  322.2615 (12),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					  322.64 FS.
New 10-1-90, Amended
					 10-7-91.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.005 - Notice of Suspension/ Disqualification

Current through Reg. 50, No. 138; July 16, 2024
(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 refused to
				submit to a breath, urine or blood test.
(b) The issuance of a 10 day temporary
				driving permit commencing upon the date of issuance of the notice of suspension
				and expiring at midnight on the 10th day following the date of suspension,
				provided that the driver is otherwise eligible to drive. The provisions of Rule
				 15A-6.004, F.A.C., shall not
				apply to this paragraph.
(c) The
				driver's right to request a formal or informal review, and the procedures to be
				followed in obtaining a formal or informal review.
(d) The issues to be considered by the
				division in a formal or informal review.
(e) A copy of the notice of suspension
				submitted by a law enforcement or correctional officer shall constitute
				evidence that the driver received a temporary permit and notice of the reason
				for the suspension.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.006 - Request for Review

Current through Reg. 50, No. 138; July 16, 2024
(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) A statement of the date
				of suspension and the county where the driver received notice of suspension or
				disqualification of the driving privilege.
(c) A copy of the notice of
				suspension/disqualification issued to the driver.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.007 - Appearances

Current through Reg. 50, No. 138; July 16, 2024
(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. As soon as possible, attorneys should file a notice of
				appearance.
(2) Service on counsel
				of record shall constitute service on the driver represented.
(3) On written motion, the hearing officer
				shall grant counsel of record leave to withdraw, unless the withdrawal
				interferes with the efficient and proper functioning of the administrative
				proceedings. A copy of the motion shall be served by the attorney on the
				driver.
Rulemaking Authority
					  322.2615 (12),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					  322.64 FS.
New 10-1-90, Amended 10-7-91,
					 1-2-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.008 - Recusal

Current through Reg. 50, No. 138; July 16, 2024
(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. The written statement must state facts sufficient to show that the
				driver has a well-founded fear that he will not receive a fair and impartial
				hearing.
(2) Unless denied as
				untimely, a motion shall be decided by the hearing officer before whom the case
				is pending. The hearing officer shall determine the legal sufficiency of the
				motion and affidavit. If the motion and affidavit are found to be legally
				sufficient, the hearing officer shall recuse himself or herself, after which
				the division shall appoint another hearing officer to hear the
				case.
Rulemaking Authority
					  322.2615 (12),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					  322.64 FS.
New 10-1-90, Amended 10-7-91,
					 1-2-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.009 - Location of Hearings

Current through Reg. 50, No. 138; July 16, 2024
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
				  department.
Rulemaking Authority
					  322.2615 (12),
					  322.2616 (13),
					 322.02(6),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					 322.2616,
					  322.64 FS.
New 10-1-90, Amended 10-7-91, 1-2-96, 7-3-97, 3-11-07,
					 4-7-13.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.010 - Motions

Current through Reg. 50, No. 138; July 16, 2024
(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 shall be in writing, shall
				specifically state the relief sought and provide the factual and legal grounds
				in support of the motion. Any motion which alleges or relies upon facts which
				are not a matter of record must be supported by affidavit.
(3) Motions shall be ruled on by a division
				hearing officer.
(4) All motions
				and rulings thereon shall be included in the record of the
				proceeding.
(5) Prehearing motions
				shall be resolved by the hearing officer without oral argument unless the
				hearing officer requests argument and gives notice of the motion hearing to the
				driver or counsel of record.
(6)
				The division is authorized to amend or correct mistakes brought about by
				inadvertence or clerical errors in its final orders within 30 days from the
				date of issuance of the orders or until a petition for writ of certiorari has
				been filed, whichever has first occurred. A written motion to correct or amend
				a final order shall be filed within 15 days from the date of issuance of the
				order. The filing of a motion to correct or amend shall not toll the time for
				seeking judicial review unless the division amends or corrects its order. An
				amended or corrected order which has been entered by the division pursuant to
				this rule shall be the final order for the purposes of judicial review. The
				motion to correct or amend shall state any errors contained in the final order,
				such as the identity of the driver, the driver's license number, the length or
				nature of the suspension, or any clerical errors or inadvertent mistakes
				included in the order. The motion shall not re-argue the merits of the final
				order or seek to change the administrative decision.
(7) Except as provided in subsection (6), no
				motion may be filed after completion of a formal or informal
				review.
Rulemaking Authority
					  322.2615 (12),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					  322.64 FS.
New 10-1-90, Amended 1-12-94,
					 1-2-96.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.011 - Notice of Hearing; Prehearing Order

Current through Reg. 50, No. 138; July 16, 2024
(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 hearing is to be held, and shall refer to the
				particular statutes and rules involved. The driver shall be served notice of
				the hearing at least fourteen (14) days prior to the scheduled
				hearing.
(2) The notice of hearing
				shall include a prehearing order requiring the driver to provide a prehearing
				statement, HSMV Form 78061, of relevant issues of fact and law. The prehearing
				order shall direct the driver to identify witnesses, exhibits and documentary
				evidence.
(a) The prehearing statement must be
				postmarked or filed with the appropriate division office within 10 days from
				the date of the notice of hearing.
(b) The prehearing statement must identify
				with specificity those disputed issues of law and fact to be addressed at the
				hearing and summarize the anticipated testimony of all witnesses.
(c) Issues of law and fact, including alibi
				or identity of the driver, not identified in the notice of hearing or
				prehearing statement submitted by the driver shall not be litigated at the
				hearing.
(d) Upon request for a
				formal review hearing, if the suspension has not been sustained and the driver
				is otherwise eligible, the division shall issue a business purpose driving
				permit. If the suspension is subsequently sustained, the division shall cancel
				the permit.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.012 - Subpoenas

Current through Reg. 50, No. 138; July 16, 2024
(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 following: the driver's license; an affidavit
				stating the officer's grounds for belief that the person was driving or in
				actual physical control of a motor vehicle while under the influence of
				alcoholic beverages or chemical or controlled substances; the results of any
				breath or blood test or an affidavit stating that a breath, blood or urine test
				was requested by a law enforcement officer or correctional officer and that the
				person refused to submit; the officer's description of the person's field
				sobriety test if any; the notice of suspension; and a copy of the crash report,
				if any, if requested at or prior to the hearing. The hearing officer may issue
				a subpoena on his or her own initiative without the request of the driver. Such
				subpoena forms may be submitted ex parte to the division for issuance and shall
				be submitted as an original form with one copy.
(a) If a driver requests a subpoena/subpoena
				duces tecum, the driver shall submit a typed HSMV Form 78066 containing the
				name and address of the witness whose attendance is requested, the time and
				place at which the witness is to appear, and the driver's name and
				address;
(b) If a subpoena duces
				tecum is requested, the driver shall also describe with particularity and
				specificity any material to be produced and the relevancy of such material.
				Materials requested pursuant to a subpoena duces tecum are limited to a time
				period not to exceed three months prior to the date of suspension.
(c) Discovery subpoenas will not be
				issued.
(d) Where the person who
				signs an affidavit is subpoenaed, the notary or attesting officer may only be
				subpoenaed if relevant to an issue other than the attestation or
				notarization.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.013 - Formal Review; Introduction of Evidence; Order

Current through Reg. 50, No. 138; July 16, 2024
(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
				division shall invalidate the suspension or disqualification. However, a
				continuance of a formal review scheduled to be heard within the 30-day period
				shall not affect the validity of the suspension or disqualification.
(b) If the formal review is not conducted
				within the 30-day period because it is continued at the initiative of the
				division, rather than at the request of a driver, the division shall issue to
				the driver a temporary driving permit, provided that the driver is otherwise
				eligible to drive. The permit, which shall authorize driving for business
				purposes only, shall be valid until the time of the
				hearing.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.014 - Preservation of Testimony

Current through Reg. 50, No. 138; July 16, 2024
(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 as provided in Rule
				 15A-6.019, F.A.C., the
				Department shall retain the recording of the proceedings in the case files
				until the conclusion of such appeal. The driver or his representative may
				obtain a copy of the recording during such retention period upon written
				request accompanied by the appropriate medium sufficient in length to record
				the hearing.
(2) A driver who
				requests the presence of a certified court reporter for the purposes of
				preserving the testimony at the hearing is responsible for obtaining the
				services of the reporter. The driver shall bear the cost of any fee charged by
				the reporter. Any driver who wishes a written transcript of the hearing shall
				bear the expense for ordering the transcript. If a court reporter records the
				proceedings, the transcript prepared by the court reporter shall become the
				official transcript, a copy of which shall be provided by the driver to the
				Division.
Rulemaking Authority
					  322.2615 (12),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					  322.64 FS.
New 10-1-90, Amended 10-7-91,
					 3-11-07.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.015 - Failure to Appear

Current through Reg. 50, No. 138; July 16, 2024
(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 a scheduled hearing may
				submit to the hearing officer a written statement showing just cause for such
				failure to appear within two (2) days of the hearing.
(a) For the purpose of this rule, just cause
				shall mean extraordinary circumstances beyond the control of the driver, the
				driver's attorney, or the witness which prevent that person from attending the
				hearing.
(b) If just cause is
				shown, the hearing shall be continued and notice given.
(c) No hearing shall be continued for a
				second failure to appear.
(d)
				Notification to the department of a witness's non-appearance with just cause
				prior to the start of a scheduled formal review shall not be deemed a failure
				to appear.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.016 - Hearing Decorum; Disruption of Hearing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 322.2615(12),
					 322.02(3) FS.
					 Law Implemented 322.2615
					 FS.
New 10-1-90, Repealed
					 10-7-91.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.017 - Motion for Reconsideration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  322.2615 (12),
					 322.02(3),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					  322.64 FS.
New 10-1-90, Repealed
					 10-7-91.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.018 - Informal Review

Current through Reg. 50, No. 138; July 16, 2024
(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 officer shall determine
				whether the suspension or disqualification is supported by a preponderance of
				the evidence. The scope of the review shall be as provided in Section
				 322.2615(7),
				 322.2616(8)  or
				 322.64(7), F.S.
				The informal review shall be conducted without the presence or testimony of the
				driver, the officer or any witness.
(3) The hearing officer is authorized to
				enter a final order. The hearing officer shall file the original order, HSMV
				Form 78060, with the clerk and transmit a copy to the driver no later than
				seven working days after completion of the review, unless waived by the
				driver.
(4) The date of rendition
				of a final order shall be the date of mailing entered on the driver license
				record.
Rulemaking Authority
					 322.2615(12),
					 322.2616(13),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented  322.2615(13),
					  322.2616,
					  322.64(13) 
					 FS.
New 10-1-90, Amended 10-17-90, 10-7-91, 1-2-96, 7-3-97,
					 3-11-07.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.019 - Judicial Review

Current through Reg. 50, No. 138; July 16, 2024
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 invalidating a suspension by a
				  petition for writ of certiorari to the circuit court in the county wherein a
				  formal or informal review was conducted pursuant to Section
				   322.2615(13),
				  F.S. Review by petition for writ of certiorari shall not stay the suspension or
				  disqualification or provide for a de novo appeal.
Rulemaking Authority
					 322.2615(12),
					 322.2616(13),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented  322.2615(13),
					  322.2616,
					  322.64(13) 
					 FS.
New 10-1-90, Amended 10-7-91, 7-3-97,
					 3-11-07.
Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15A - Division of Driver Licenses › Chapter 15A-6 - ADMINISTRATIVE SUSPENSION REVIEW HEARINGS › Section 15A-6.020 - Forms

Current through Reg. 50, No. 138; July 16, 2024
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 Traffic Citation HSMV Form 75904, and notice of suspension
				(effective 10-01-90, revised 10/91, 10/93, 10/06),
(2) Application for Formal Review or Informal
				Review of Driver License Suspension/Disqualification HSMV Form 78065 (effective
				10-01-90, revised 07-01-91, 03/93, 10/06),
(3) Notice of Formal Review
				Hearing/Prehearing Order HSMV Form 78059 (effective 10-01-90, 06/93, revised
				01/94, 10/06),
(4) Driver's
				Prehearing Statement HSMV Form 78061 (effective 10-01-90, 10/06),
(5) Subpoena/Subpoena Duces Tecum HSMV Form
				78066 (effective 10-01-90, revised 07-01-91, 10/06),
(6) Affidavit of Refusal to Submit to Breath,
				Urine or Blood Test HSMV Form 78054 (revised 10-01-90, 07-01-91, 07/93, 03/03),
(7) Order - Results of Review
				Hearing HSMV Form 78060(A), (B), (C) and (D) (effective 10-01-90, revised
				08/92, 01/94, 10/06),
(8) Failure
				to Appear Notice HSMV Form 78064 (effective 10-01-90, 10-01-06),
(9) Notice of License
				Suspension/Disqualification HSMV Form 78031 (effective 10-01-90, revised
				07-01-91, 01/94, 10/06),
(10)
				Notice of Suspension HSMV Form 78103 (effective 09-01-96, revised 09/05),
(11) Notice of Commercial Driver's
				License/Privilege Disqualification HSMV Form 78005 (effective 04/91, revised
				10/97).
Rulemaking Authority
					  322.2615 (12),
					  322.2616 (13),
					 322.02(4),
					 322.64(12) FS.
					 Law Implemented 322.2615,
					 322.2616,
					  322.64 FS.
New 10-1-90, Amended 10-17-90, 10-7-91, 7-6-92, 1-12-94,
					 7-3-97, 3-11-07.
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-7.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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 applicant.
(2) "CDL" means commercial driver's
				license.
(3) "Commercial Driver's
				License" means a license issued to an individual in accordance with the
				requirement of Chapter 322, F.S., or by another state, pursuant to the Federal
				Commercial Motor Vehicle Safety Act of 1986 which authorizes that individual to
				drive a class of commercial motor vehicles if the holder also has any necessary
				endorsements to the license.
(4)
				"Department" means the Department of Highway Safety and Motor Vehicles,
				Division of Motorist Services, Tallahassee, Florida 32399-0560.
(5) "GCWR" means gross combination weight
				rating.
(6) "GVWR" means gross
				vehicle weight rating.
(7)
				"Placard" means a sign that is required on the front, rear and both sides of a
				vehicle that is transporting hazardous materials. The placards show the hazard
				class of the cargo being transported.
(8) "Skills Test" means the 3-part driving
				test consisting of the pretrip inspection, basic control and road test as
				described in the American Association of Motor Vehicle Administrators (AAMVA)
				2005 CDL Testing Model, which is hereby adopted by reference.
(9) "Tow Truck Configuration" means a tow
				truck with another vehicle in tow, where the gross combined weight rating of
				the combination is 26, 000 pounds or more and the vehicle in tow exceeds 10,
				000 pounds gross vehicle weight rating.
(10) "Truck Tractor" means a motor vehicle
				which has four or more wheels and is designed and equipped with a fifth wheel
				for the primary purpose of drawing a semitrailer that is attached or coupled
				thereto by means of such fifth wheel and which has no provisions for carrying
				loads independently.
(11)
				"Semitrailer" means any vehicle without motive power designed to be coupled to
				or drawn by a motor vehicle and constructed so that some part of its weight and
				that of its load rests upon or is carried by another
				vehicle.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.01, 322.51-.66 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-7.002 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
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.
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-7.0025 - Application

Current through Reg. 50, No. 138; July 16, 2024
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.
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-7.003 - CDL Endorsements

Current through Reg. 50, No. 138; July 16, 2024
(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 - Passengers.
				Passenger vehicle means a motor vehicle designed to transport more than 15
				persons, including the driver, or a school bus designed to transport more than
				15 persons, including the driver.
(c) N - Tank Vehicles. Means a commercial
				motor vehicle with a permanent or temporary attached tank designed to transport
				liquid or gaseous materials and with a rated capacity of one thousand gallons
				or more.
(d) H - Hazardous
				materials. Hazardous material that is required to be placarded in accordance
				with Title 49 Code of Federal Regulations Part 172, Subpart F;
(e) X - Combination tank vehicles and
				placarded hazardous materials;
(f)
				S - School Bus. Means a motor vehicle that is designed to transport more than
				15 persons, including the driver, and that is used to transport students to and
				from a public or private school or in connection with school activities, but
				does not include a bus operated by a common carrier in the urban transportation
				of school children. The term "school" includes all preelementary, elementary,
				secondary, and postsecondary schools. To obtain a school bus endorsement the
				applicant must pass the school bus endorsement knowledge exam, in addition to
				other CDL knowledge exams applicable to passenger vehicles, and complete the
				3-part skills test in a school bus equivalent to the classification of license
				that will be issued.
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-7.004 - CDL Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(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, successfully
				complete the airbrake knowledge test, successfully complete the pretrip
				inspection portion of the standard CDL skills test in an airbrake equipped
				commercial motor vehicle and demonstrate the ability to safely and effectively
				operate the vehicle's air brakes by stopping the vehicle so that the front
				bumper is within two feet of a designated point on the skills testing
				area.
(b) "CDL Intrastate Only",
				means a commercial motor vehicle can be operated only in the State of
				Florida.
(c) "No Tractor/Trailers",
				means no operation of a commercial motor vehicle which is a tractor/semitrailer
				combination as defined in Sections
				 320.01(5)  and
				 320.01(11),
				F.S. To remove the "no tractor/trailers" restriction from a Class A CDL the
				driver must, at a minimum, pass the pretrip inspection, basic control and road
				test in a tractor/semitrailer combination.
(d) "No Class A passenger vehicle, " means no
				operation of a commercial motor vehicle classified as a Class A passenger
				vehicle.
(e) "No Class B passenger
				vehicle, " means no operation of a commercial motor vehicle classified as a
				Class A or B passenger vehicle.
(f)
				"Automatic transmission CMV, " means no operation of a commercial motor vehicle
				that is not equipped with an automatic transmission.
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-7.005 - Temporary CDL Instruction Permit

Current through Reg. 50, No. 138; July 16, 2024
(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 commercial driver instructional permit may, unless otherwise
				disqualified, drive a commercial motor vehicle only when accompanied by a
				driver 21 years of age or older who is holding a CDL valid for the type of
				vehicle being driven and who is occupying the closest seat to the right of the
				driver, for the purpose of giving instructions in driving the commercial motor
				vehicle.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.01(32),
					 322.05(4),
					 322.07(3)
					 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-7.006 - Application; Operation in Interstate or Foreign Commerce; Certification Required; Medical Required

Current through Reg. 50, No. 138; July 16, 2024
(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, pursuant to Section
				 316.302(1),
				F.S., shall certify that he or she meets the qualification requirements of Part
				391.
(2) Upon application for a
				driver's license, applicants who drive interstate are subject to 49 Code of
				Federal Regulations Part 391 of the Federal Motor Carrier Safety Regulations,
				and will present to the department a valid medical examiner's certificate
				issued not more than 2 years immediately preceding
				licensure.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 316.302(1),
					 322.01(24),
					 322.07(3),
					 322.08(4),
					 322.59
					 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-7.007 - Application; Intrastate Operation; Certification; Exceptions

Current through Reg. 50, No. 138; July 16, 2024
(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 not required to present to the department a medical examiner's
				certificate prior to licensure.
(2)
				Drivers of commercial motor vehicles driving interstate or intrastate,
				transporting hazardous materials that are required to be placarded in
				accordance with Title 49 Code of Federal Regulations Part 172, Subpart F must
				present to the department a valid medical examiner's certificate required by
				 Title 49 C.F.R. Part 391, issued not more than 2 years immediately preceding
				licensure.
(3) Commercial driver
				license applicants who operate or expect to operate a commercial motor vehicle
				solely in intrastate commerce must meet the minimum visual standards in Rule
				 15A-1.013, F.A.C., and comply
				with the provisions of Section
				 316.302(2),
				F.S., before licensing and will have an intrastate restriction applied to the
				license.
(4) Driver applicants who
				are deaf will not be issued a commercial driver's license.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 316.302(2)(i),
					 322.05(5), (6),
					 (8),
					 322.08(4),
					 322.12(4),
					 322.16,
					 322.59
					 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-7.008 - Combination Vehicle Testing and Licensing

Current through Reg. 50, No. 138; July 16, 2024
(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 defined by Rule
				 15A-7.001, F.A.C.
(2) For a Class "A" license restricted to "No
				Tractor-Trailers, " the driver must pass the combination knowledge exam, in
				addition to other applicable CDL knowledge exams, and the pretrip, basic
				control and road test in a vehicle that is not a truck-tractor/semitrailer
				combination as defined by Rule
				 15A-7.001, F.A.C., but otherwise
				represents vehicles requiring a class A CDL, including tow truck configurations
				as defined in subsection
				 15A-7.001(9),
				F.A.C. The license will be restricted to "No
				Tractor-Trailers."
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.12(4),
					 322.57
					 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-7.009 - Issuance of Commercial Driver's License; Department; Duties

Current through Reg. 50, No. 138; July 16, 2024
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 maintained by the department; and,
(2) Electronically check the
				Commercial Driver's License Information System (CDLIS) to determine whether the
				applicant possesses a valid commercial driver's license issued by any other
				state, and whether such license or the applicant's privilege to operate a
				commercial motor vehicle has been disqualified from operating a commercial
				motor vehicle; and,
(3)
				Electronically check the National Driver Register (NDR) to determine if the
				applicant has any open driver license suspensions, revocations, or
				cancellations.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.65
					 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-7.010 - Issuance of License; Department Notify Commercial Driver's License Information System

Current through Reg. 50, No. 138; July 16, 2024
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 Information
				  System (CDLIS).
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.65
					 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-7.011 - Administration of Commercial Driver's License Knowledge Tests

Current through Reg. 50, No. 138; July 16, 2024
(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 knowledge test will be permitted
				to review the questions they missed.
(4) Applicants are limited to two attempts
				per day on each type of knowledge exam.
Rulemaking Authority
					 322.02(6) FS.
					 Law Implemented 322.12(4),
					 322.57
					 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-7.012 - Commercial Driver's License Skills Tests

Current through Reg. 50, No. 138; July 16, 2024
(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,
(c) Road test.
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-7.013 - Appropriate Motor Vehicle

Current through Reg. 50, No. 138; July 16, 2024
(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
				Commercial Driver's License Skills Test.
(a)
				For the Class A commercial driver's license three-part skills test, the
				applicant shall provide a tractor-trailer combination of vehicles with a GCWR
				of 26, 001 or more pounds, provided the GVWR of the trailer being towed is in
				excess of 10, 000 pounds GVWR.
(b)
				If the applicant provides a combination of vehicles other than tractor-trailer
				combinations the department shall restrict the applicant to combinations of
				vehicles other than tractor-trailers.
(c) If the motor vehicle is not a passenger
				transport combination vehicle (bus) designed to transport 16 or more
				passengers, including the driver, the department may not endorse the
				applicant's license for a passenger transport vehicle in that class of
				vehicle.