Fla. Admin. Code Title 15 — Department of Highway Safety and Motor Vehicles

Division 15 Departmental

Chapter 15-1 ORGANIZATION AND OPERATION

Fla. Admin. Code R. 15-1.001 Agency Composition

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.01, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.002 Internal Department Organization

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.02, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.003 Division of Florida Highway Patrol

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.03, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.004 Division of Driver Licenses

History

• Rulemaking Authority 322.02 FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.04, Amended 11-19-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.005 Division of Motor Vehicles

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.05, Amended 6-6-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.006 Division of Administrative Services

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.06, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.007 Public Records, Inspection

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.07, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.008 Public Access to Proceedings

History

• Rulemaking Authority 322.02 FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.08, Amended 11-19-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.009 Applications for Employment

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.09, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.010 Statutory Chapters and Rules

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 11-1-78, Formerly 15-1.10, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.011 Affirmative Action Plan

History

• Rulemaking Authority 120.53(1)(a), 110.112 FS. Law Implemented 120.53(1)(a), 110.112 FS., Art. I, S. 2, Fla. Const. History–New 2-12-80, Formerly 15-1.11, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.012 Delegation of Authority

Authority to take the following action is hereby delegated by the Governor and Cabinet acting as the head of the Department to the Executive Director of the Department of Highway Safety and Motor Vehicles or the Executive Director’s designee:

(1) To approve the transfer of appropriations pursuant to Section 216.292, F.S.

(2) To administer personnel rules for career service employees and persons paid from OPS and to administer personnel actions for employees exempt from the career service system.

(3) To add, delete, transfer authorized positions within each budget entity in accordance with Sections 216.262 and 216.141, F.S.

(4) To administer travel and per diem expenses of public officers, employees and authorized persons on official business, pursuant to Section 112.061, F.S.

(5) To negotiate, execute and enter into contracts and agreements; except as provided in subsection (8), required for operation of the Department or to carry out programs approved by the Legislature or Governor and Cabinet; except, however, this delegation shall exclude awards of commodity contracts by the Department of Management Services.

(6) To take any action concerning planning and budgeting for the Department, as authorized pursuant to Chapter 216, F.S., or other laws, or by rules adopted by the Governor and Cabinet, or in directives issued by the Governor and Cabinet acting as the head of the Department.

(7) To expend appropriated funds and make purchases including operating capital outlay to carry out the day-to-day operations of the Department. However, all purchases over $100,000 which are not made from a state contract established by the Department of Management Services shall be reported at least quarterly.

(8) To execute contracts and orders approved by or on behalf of the Governor and Cabinet.

(9) To contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole source, shall be by procedures set forth in the Consultants Competitive Negotiations Act or other competitive selection process established by rule.

(10) To enter into agreements with other federal, state, and local governmental agencies when authorized by law.

(11) To enter into lease of real property for departmental operations.

(12) To designate appropriate officials or employees to act as custodian of the records of the Department, to accept service of process on behalf of the Department or Executive Director in accordance with law.

(13) To bring suit in the name of the Department and in consultation with the Attorney General, or to defend suit in the name of the Department.

(14) To compromise and settle, in the best interest of the Department, subject to Section 45.062, F.S., all claims, actions, causes of action and legal proceedings, whether sounding in tort or contract, that are brought against the Department or any of its employees acting within the scope of their employment. Such compromises and settlements shall be limited to cases where the total amount paid is less than $100,000.00, and shall be reported to the Governor and Cabinet on at least a quarterly basis.

(15) To notify state attorneys, sheriffs or other law enforcement agencies of activity in violation of state law or department rules when such violation is beyond the capacity of the Department to halt or prosecute.

(16) To accept donations and gifts of property or grants of money on behalf of the Department in compliance with the law, provided such gifts are unencumbered and have no impact on any other agency of the state.

(17) To act on behalf of the agency in carrying out the provisions of Chapter 120, F.S., unless prohibited by law or by directives issued by the Governor and Cabinet acting as the head of the Department. This delegation specifically includes, but is not limited to the following:

(a) To initiate rulemaking by publishing a notice of rule development.

(b) To publish a notice of intended rulemaking, after approval of such proposed notice by the Governor and Cabinet pursuant to Section 120.54(3)(a)1, F.S.

(c) To certify that a proposed rule has been approved by the Governor and Cabinet pursuant to Section 120.54(3)(e)1., F.S.

(d) To file with the Department of State the approved rule pursuant to Section 120.54(3)(e)1., F.S.

(e) To explain in writing when appropriate why a rule development workshop is unnecessary.

(f) To issue declaratory statements pursuant to Section 120.565, F.S.

(g) To provide methods for making available a description of the agency’s organization and general course of its operations, pursuant to Section 120.54(5)(b)7., F.S.

(h) To issue an immediate final order pursuant to Section 120.569(2)(n), F.S., that states the particular facts supporting a finding that there is an immediate danger to the public health, safety, or welfare.

(i) To issue a written statement pursuant to Section 120.57(3)(c), F.S., explaining why a bid solicitation process or contract award process must be continued without delay due to an immediate and serious danger to the public health, safety, or welfare.

(j) Pursuant to Section 120.63(1)(a), F.S., to apply on behalf of the Department and certify to the Administration Commission that a proceeding required by Chapter 120, F.S., conflicts with a provision of federal law or rule.

(k) To prepare, certify, and file the rule review report mandated by Section 120.74(2), F.S., with the presiding officers and affected standing committees of the Florida Legislature.

(18) To approve memberships in professional and other organizations in which state funds appropriated to the Department will be used in payments of dues pursuant to Section 216.345, F.S.

(19) To perform other such functions as may be necessary to supervise, direct, conduct and administer the day-to-day duties of the Department as authorized by law or by rules and policies adopted by the Governor and Cabinet, or in directives issued by the Governor and Cabinet acting as the head of the Department.

(20) To convene complaint review boards, select members of such boards, serve notice and otherwise exercise authority related to duties in Section 112.532, F.S.

(21) To take final agency action based on recommendations of hearings officers who conducted driver license hearings pursuant to Chapter 322, F.S.

(22) To conduct hearings and take final agency action concerning financial responsibility matters authorized by Chapter 324, F.S.

(23) To execute reciprocal agreements with appropriate authority of other states as authorized by Section 320.30, F.S.

(24) To take final agency action pursuant to Section 120.57 and Chapter 320, F.S., on manufacturer and dealer license hearings held under and pursuant to Chapters 120 and 320, F.S.

History

• Rulemaking Authority 20.05(1)(e), 320.011, 322.02(6), 324.042 FS. Law Implemented 20.05(1)(b) FS. History–New 6-26-80, Amended 11-6-80, Formerly 15-1.12, Amended 6-6-93, 11-17-98, 12-14-10.

Fla. Admin. Code R. 15-1.013 Forms; Division of Administrative Services

History

• Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)(b) FS. History–New 11-11-81, Formerly 15-1.13, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.014 Forms; Division of Driver Licenses

History

• Rulemaking Authority 322.02 FS. Law Implemented 120.53(1)(b) FS. History–New 11-11-81, Formerly 15-1.14, Amended 11-19-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.015 Forms; Division of Florida Highway Patrol

History

• Rulemaking Authority 322.02 FS. Law Implemented 120.53(1)(b) FS. History–New 11-11-81, Formerly 15-1.15, Amended 11-19-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.016 Forms; Division of Motor Vehicles

History

• Rulemaking Authority 322.02 FS. Law Implemented 120.53(1)(b) FS. History–New 11-11-81, Formerly 15-1.16, Amended 11-19-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-1.017 Volunteers

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.501-.505 FS. History–New 12-5-94, Repealed 11-15-12.

Chapter 15-2 RULES GOVERNING PROCEDURE

Fla. Admin. Code R. 15-2.001 Procedure

History

• Rulemaking Authority 20.05(5), 120.53(1)(c), (d), 120.565 FS. Law Implemented 120.53(1)(c), 120.53(1)(d), 120.565 FS. History–New 2-3-80, Formerly 15-2.01, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.002 Designation of the Agency Clerk

History

• Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 120.59(1), 120.52(9) FS. Law Implemented 120.52(9), 120.53(1)(a), (b), 120.59(1) FS. History–New 2-3-80, Formerly 15-2.02, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.003 Disputes on Bidding or the Letting of Contracts

History

• Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 2-1-82, Formerly 15-2.03, Amended 3-17-86, 9-24-90, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.004 Designation of Official Reporter

History

• Rulemaking Authority 120.533(1) FS. Law Implemented 120.53(4) FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.005 Authority

History

• Rulemaking Authority 120.53, 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.006 Purpose

History

• Rulemaking Authority 120.53, 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.007 Indexing, Listing and Numbering

History

• Rulemaking Authority 120.533 FS. Law Implemented 91-30, Section 10, Laws of Florida, 120.53(2)(a) FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.008 Final Orders Required to be Indexed

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)3., (d) FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.009 Listing of Final Orders

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)4. FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.010 Numbering of Final Orders

History

• Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 3-8-93, Repealed 11-15-12.

Fla. Admin. Code R. 15-2.011 Maintenance of Records

History

• Rulemaking Authority 120.533(1)(j) FS. Law Implemented 119.041(2) FS. History–New 3-8-93, Repealed 2-14-13.

Chapter 15-3 STANDARDS OF DISCIPLINARY ACTIONS

Fla. Admin. Code R. 15-3.001 Standards of Disciplinary Actions

History

• Rulemaking Authority 110.201(2) FS. Law Implemented 110.201(2), 110.227 FS. History–New 11-5-80, Amended 1-1-81, 10-7-82, Formerly 15-3.01, Amended 12-12-91, 1-6-94, Repealed 2-14-13.

Chapter 15-4 LEASES FOR REAL PROPERTY

Fla. Admin. Code R. 15-4.001 Definitions

History

• Rulemaking Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 12-6-81, Formerly 15-4.01, Amended 11-19-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-4.002 Policies and Procedures

History

• Rulemaking Authority 255.25, 255.249 FS. Law Implemented 255.249(2)(j), (k), (3), 255.25(2)(b), (7) FS. History–New 12-6-81, Formerly 15-4.02, Amended 11-19-92, Repealed 11-15-12.

Chapter 15-5 EMPLOYEE BENEFIT FUND

Fla. Admin. Code R. 15-5.001 Employee Benefit Fund

(1) This rule shall govern the creation and operation of employee benefit funds within the Department.

(2) The ranking principal supervisor of any building occupied and used by the Department may create an employee benefit fund. Where only a part of a building is occupied and used by the Department, the ranking principal supervisor of that part of the building may create the employee benefit fund. Where more than one division of the Department share space in the same building, the ranking principal supervisors of the respective spaces may create separate funds or may, by mutual consent, establish a joint fund. Each fund shall be given a name which shall include the words “Employee Benefit Fund,” the initials of the Division or Divisions, and the location of the fund; for example “Employee Benefit Fund-FHP-Lakeland.” Each fund’s name shall be unique, and where a Division occupies more than one building in a given location, the fund name shall include the building’s name or its street address to prevent different funds being confused. Any bank account into which fund monies are deposited shall be in the name of the particular fund.

(3) The net proceeds of all vending machines located in the building or part of a building occupied and used by the Department and covered by an employee benefit fund shall constitute the sole source of monies to be deposited in the fund.

(4) The ranking principal supervisor of the building or part of a building used and occupied by the Department shall be responsible for the operation of the fund and for the receipt and disbursement of fund monies, except that all checks withdrawing money from the fund shall be signed by both the ranking principal supervisor and the secretary-treasurer of the fund. Where a joint fund has been established, the ranking principal supervisors authorized to establish such a fund shall be jointly responsible. Each ranking principal supervisor shall appoint a secretary-treasurer for the fund, and may also appoint such assistants, designees or committees as may be necessary to assist him in the operation of the fund, but such ranking principal supervisor shall remain ultimately responsible for the operation of the fund regardless of such appointments. The ranking principal supervisor of the Department’s headquarters in Tallahassee, the Neil Kirkman Building, is the Executive Director of the Department, who may designate responsibility for the operation of the employee benefit fund for the Neil Kirkman Building to the Director of the Division of Administrative Services or other designee duly appointed by the Executive Director. Checks drawn on the fund established for the Neil Kirkman Building shall be signed by the Executive Director or his designee and by the secretary-treasurer of the fund.

(5) Except as provided in subsection (6), each employee benefit fund established under this rule shall be primarily for the benefit of the employees who work in, or whose principal headquarters is, the building or part of a building covered by that fund, and for the benefit of the families of such employees. Monies may be expended from the fund for the benefit of employees of the Department and their families for gifts (examples include, but are not limited to, flowers, cards or memorials on appropriate occasions), disaster relief and social functions.

(6) The Employee Benefit Fund of the Florida Highway Patrol training academy shall be funded by proceeds of vending machines located in the academy building and the sale of Florida Highway Patrol mementos. This fund is for the benefit of employees of the division of the Florida Highway Patrol, and for the benefit of the families of such employees. Monies may be expended for the benefit of division employees and their families for gifts (examples include, but are not limited to, flowers, cards or memorials on appropriate occasions), disaster relief and social functions. Monies also may be expended to defray the cost of purchase and sale of mementos.

(7) Monies from separate funds may be pooled or transferred from one fund to another to carry out joint projects at the mutual consent of all persons responsible for the funds involved.

(8) Each fund shall prepare a financial statement semi-annually in a format designated by the Department. Copies of these statements shall be furnished to the Director of the Division of Administrative Services for review as appropriate with the Executive Director, and to the Division Director, and shall be posted on appropriate bulletin boards.

(9) No employee benefit fund shall be allowed to exist unless operated in conformity with the terms of this rule. Any funds collected from vending machines which are not under the administration of a duly created fund shall be deposited with the Treasurer of the State of Florida.

History

• Rulemaking Authority 112.217 FS. Law Implemented Chapter 85-356, Laws of Florida, 112.217 FS. History–New 6-14-82, Formerly 15-5.01, Amended 9-13-88.

Chapter 15-6 SEXUAL HARASSMENT

Fla. Admin. Code R. 15-6.001 Policy Statement

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.01, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.002 Definition of Sexual Harassment

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.02, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.003 Training Requirements

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.03, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.004 Disciplinary Action

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.04, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.005 Designation of Persons to Receive and Investigate Complaints

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.05, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.006 Procedure for Filing Complaint

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.06, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.007 Investigation Procedure and Complaint Disposition

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.07, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.008 Time Limitations for Intake, Investigation, Formal and Informal Disposition

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.08, Repealed 11-15-12.

Fla. Admin. Code R. 15-6.009 Complainant’s Right to Seek Remedy Outside of the Department

History

• Rulemaking Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.09, Repealed 11-15-12.

Chapter 15-12 MEETINGS OF GOVERNOR AND CABINET AS HEAD OF DEPARTMENT

Fla. Admin. Code R. 15-12.001 Application of Rules

History

• Rulemaking Authority 120.53(1), 120.54(9), 20.24 FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.01, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.002 Membership of Florida Cabinet

History

• Rulemaking Authority 120.53(1), 120.54(9), 20.24 FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.02, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.003 Meetings and Notice

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.03, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.004 Presiding Officer

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.04, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.005 Quorum

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.05, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.006 Agendas

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.06, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.007 Distribution of Agendas

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.07, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.008 Recording of Proceedings

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.08, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.009 Minutes

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.09, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.010 Order of Procedure

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.10, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.011 Quarterly Reports

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.11, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.012 Agency Action

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.12, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.013 Voting

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.13, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.014 Amendment to Rules

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.14, Repealed 11-15-12.

Fla. Admin. Code R. 15-12.015 Parliamentary Matters

History

• Rulemaking Authority 120.53(1), 120.54(9) FS. Law Implemented 120.53(1) FS. History–New 6-9-75, Formerly 15-12.15, Repealed 11-15-12.

Chapter 15-13 MINORITY BUSINESS ENTERPRISE PROCUREMENT

Fla. Admin. Code R. 15-13.001 Definitions

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0947 FS. History–New 8-8-88, Repealed 11-15-12.

Fla. Admin. Code R. 15-13.002 Purpose and Scope

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0947, 287.0945(1), 287.042(4)(f)(1) FS. History–New 8-8-88, Amended 6-10-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-13.003 Goal

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0947, 287.042(4)(f), (1) FS. History–New 8-8-88, Amended 6-10-92, Repealed 11-15-12.

Fla. Admin. Code R. 15-13.004 Procedures

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 215.422(1), (2), (3), 255.05(1)(a), 287.0947(2), 288.705 FS. History–New 8-8-88, Amended 6-10-92, Repealed 11-15-12.

Division 15A Division of Driver Licenses

Chapter 15A-1 DRIVER LICENSES

Fla. Admin. Code R. 15A-1.001 Applications

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.08 FS. History–New 11-20-75, Formerly 15A-1.01, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0011 Definitions

History

• Rulemaking Authority 322.02, 20.24 FS. Law Implemented 322.01 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0012 Identification and Proof of Date of Birth Required for Driver License or Identification Card

History

• Rulemaking Authority 322.02(3) FS. Law Implemented 322.051, 322.08(2), 322.09(1)(b) FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0015 Translation of Foreign Documents

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.03, 322.08(2), 322.09(1)(b) FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.002 Restricted Licenses

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.05, 322.16 FS. History–New 11-20-75, Formerly 15A-1.02, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.003 Licenses Restricted as to Use

(1) Applicants who are blind in one eye shall be issued licenses restricted to an outside rearview mirror on the left side of any vehicle that they drive.

(2) Applicants who are deaf or hard of hearing shall be issued licenses restricted to an outside rearview mirror on the left side of any vehicle that they drive.

(3) Applicants whose uncorrected vision is improved by corrective lenses, to meet licensing requirements, shall be issued licenses restricted to the use of corrective lenses.

(4) Applicants who present a signed statement from a licensed eye specialist that the wearing of corrective lenses would be harmful to the applicant and who meet minimum vision standards for licensing in Florida, shall be licensed unrestricted.

(5) Applicants who have the following physical handicap shall be issued licenses restricted to the use of the indicated special equipment on any vehicle they drive unless they demonstrate by successfully passing a driving exam that a particular item is not needed:

(a) Either hand or arm missing or useless – Power steering or steering wheel knob or grip, directional signals, automatic transmission.

(b) Both hands or arms missing or useless – Automatic transmission, power steering, directional signals.

(c) Either foot or leg missing or useless – Hand dimmer switch, automatic transmission.

(d) Both feet or legs missing or useless – Hand dimmer switch, hand throttle, hand brake, automatic transmission, directional signals.

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.16 FS. History–New 11-20-75, Formerly 15A-1.03, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.004 Reciprocity

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.04 FS. History–New 11-20-75, Formerly 15A-1.04, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.005 Current Licenses; Relinquishment

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.03 FS. History–New 11-20-75, Formerly 15A-1.05, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.0051 Renewal of License; Resident Temporarily Out of the State

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12, 322.14, 322.141, 322.18 FS. History–New 12-22-92, Repealed 6-3-142.

Fla. Admin. Code R. 15A-1.006 Identification Cards

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.051 FS. History–New 11-20-75, Formerly 15A-1.06, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.007 Suspended, Disqualified, or Revoked Licenses; Approval

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.05(3) FS. History–New 11-20-75, Formerly 15A-1.07, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.008 Drug Addiction and Alcoholism

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.05 FS. History–New 11-20-75, Formerly 15A-1.08, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.009 Mental Condition

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.05 FS. History–New 11-20-75, Formerly 15A-1.09, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.010 Physical Condition

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.05 FS. History–New 11-20-75, Formerly 15A-1.10, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.011 Service Fee

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12 FS. History–New 11-20-75, Formerly 15A-1.11, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.012 Driver License Examinations: Scoring

An applicant shall fail an examination for any of the following:

(1) Written examinations – failing to correctly answer at least eighty percent of questions.

(2) Cheating is the unauthorized use of any material, devices, or communications. To do so will result in immediate failure.

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12 FS. History–New 11-20-75, Formerly 15A-1.12, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.0125 Oral Examinations

(1) If an applicant is unable to read, any required Class E written examination shall be given orally or by an automated audio device.

(2) The test question pool shall be used for all examinations, including those administered on-line or orally.

(3) Unless an automated testing system is in the office, the examiner shall administer the Class E written examination by orally asking each question of the applicant and noting the response. The examiner must explain that at least eighty percent of questions must be answered correctly for the applicant to pass. Third Parties are not authorized to administer oral exams.

(4) Deaf applicants will be permitted to take an oral examination through an interpreter who shall be supplied by the applicant if a Department supplied interpreter is not available. No driving school employees shall serve as interpreters. Whenever possible, the interpreter should not be related to the applicant. Prior to the beginning of the examination, the interpreter shall sign an Interpreter’s Affidavit (form HSMV-71472, Revised 2/14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04152, and herein incorporated by reference), obtained at the driver license office when the examination is taken, that during the course of the examination no attempt will be made to assist the applicant by coaching or by supplying answers or hints, and that the interpreter’s sole service to the applicant during the examination will be the rendering of a true and accurate interpretation of the examiner’s questions and the applicant’s responses. If the interpreter refuses to sign the Interpreter’s Affidavit, the application procedure shall immediately cease and no examination will be given.

History

• Rulemaking Authority 322.02(3) FS. Law Implemented 322.12, 322.121, 322.21(3), 322.212, 322.32(5) FS. History–New 9-18-79, Formerly 15A-1.125, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.013 Minimum Visual Standards for Licensing

(1) Applicants reading worse than 20/40 in either eye, with or without corrective lenses, are referred to a licensed eye specialist for possible improvement.

(2) Applicants reading 20/70 in either eye, with or without corrective lenses, are qualified 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 or a license shall not be issued.

(3) Applicants reading 20/80 or worse, in each eye when neither eye can be improved shall not be licensed.

(4) Applicants whose visual acuity is improved by corrective lenses to meet the above requirements shall be restricted to driving while wearing such lenses.

(5) An applicant wearing contact lenses who does not wish to be restricted to corrective lenses shall be advised that the Department must determine if the uncorrected visual acuity meets Department vision requirements. Determination shall be by:

(a) Presenting a contact lens wearer card prepared by an eye specialist showing applicant’s uncorrected acuity, or

(b) Presenting a Report of Eye Examination (form HSMV-72010 S, Revised 5/14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04154, and herein incorporated by reference), provided by the Department, completed by an eye specialist, or

(c) Return later when not wearing the corrective lenses.

(6) Whenever there is a difference of more than 20 points between the acuity reported by the eye specialist and the reading from the vision screening equipment by the driver license examiner, the driver license examiner will so notify the eye specialist to determine an explanation for the difference. If after the explanation, the point difference remains the same, the examiner will request the applicant to get a comparison eye report from another eye specialist.

(7) Minimum acceptable field of vision is 130 degrees.

(8) Use of telescopic lenses to meet minimum visual requirements is not permitted.

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12, 322.15, 322.16 FS. History–New 11-20-75, Formerly 15A-1.13, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.014 Driving Exam Administration

(1) The following items will be inspected prior to demonstration of driving ability: equipment in safe working condition, including windows and mirrors; horn; headlights, brakelights, tail lights, and directional signals; foot and emergency brakes; tires; windshield wipers; and exhaust system. In cases where the driving test will not be given because the vehicle is unsafe or improperly equipped, the application will be processed as incomplete.

(2) Applicants restricted to special equipment discussed in Rule 15A-1.003, F.A.C., must be tested in vehicles equipped with such special equipment.

(3) Applicants will be required to wear seat belts as provided by Section 316.614, F.S. Vehicles not in compliance with this statute cannot be used for a driving test.

(4) Proof of valid motor vehicle insurance and license plate, as required by Florida law, must be demonstrated for vehicles used for driving tests.

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12, 316.271, 316.294, 316.614, 316.646, 627.733 FS. History–New 11-20-75, Formerly 15A-1.14, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.015 Driving Ability, Demonstration: Scoring Criteria

(1) Any applicant who scores 31 or more penalty points on the Class E driving exam will not qualify for a driver license. Record of Driver Examination (form HSMV-71110, Revised 10/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-04156, and herein incorporated by reference).

(2) Termination of a test, will also occur in the event of a crash, dangerous driving action, traffic law violation, lack of cooperation or refusal to follow directions on the part of the applicant.

(3) Applicants who fail to pass the driving test portion within five (5) attempts within a one year period shall have driving privileges suspended for one (1) year as incompetent to drive a motor vehicle safely.

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12, 322.27, 322.28 FS. History–New 11-20-75, Formerly 15A-1.15, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.016 Test/Examination Failure; Disqualification: Procedure

(1) Applicants are required to successfully complete the written test and vision test before being permitted to demonstrate driving ability.

(2) Once the written and vision tests have been successfully passed, such tests need not be retaken upon failure of the driving test unless the test results are no longer a matter of record.

(3) Upon failing a vision or written examination, another test/examination may be taken on the day of failure, examining time permitting.

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.12 FS. History–New 11-20-75, Formerly 15A-1.16, Amended 12-22-92, 6-3-14, 12-28-15.

Fla. Admin. Code R. 15A-1.017 Re-examinations

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.22, 322.221, 322.29 FS. History–New 11-20-75, Formerly 15A-1.17, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.018 Point Determination; Suspensions

History

• Rulemaking Authority 322.02 FS. Law Implemented 240.265, 322.27, 338.239 FS. History–New 11-20-75, Formerly 15A-1.18, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.019 Reinstatement; Hardship

Any driver whose driver’s license has been suspended, revoked, or cancelled for any reason, other than those that are statutorily prohibited, and habitual offenders during the first year of their five year revocation, may apply immediately to the Department for the modification of the order or the reinstatement of a license pursuant to Section 322.271, F.S., as follows:

(1) Furnish the Department with a completed Application for Administrative Hearing (form HSMV-78306, Revised 12/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-04157, and herein incorporated by reference), obtained from a Department office, and the following:

(a) Driver’s license, if in applicant’s possession.

(b) A list of all arrests for traffic violations in this and any other state.

(c) Proof of driver improvement school requirements as provided in Section 322.271, F.S.

(2) If, after the hearing, the Department modifies its suspension, revocation or cancellation order or reinstates the use of the applicant’s driver’s license, such use will be for employment or business purposes only as defined in Section 322.271, F.S. for the remaining period of the original suspension or revocation.

(3) If, after the hearing, the Department affirms its original order, no further hearing shall be held, except that another hearing shall be granted by the Department if proof of new evidence is submitted.

(4) A violation of the restrictions imposed on the use of a reinstated license shall cause the license to be automatically suspended or revoked for the remainder of the period of the original suspension or revocation.

History

• Rulemaking Authority 322.02 FS. Law Implemented 318.15, 322.16, 322.245, 322.271, 322.28, 322.282 FS. History–New 11-20-75, Formerly 15A-1.19, Amended 12-22-92, 6-3-14.

Fla. Admin. Code R. 15A-1.0195 Right of Review

Any person whose driving privilege has been cancelled, suspended or revoked, may petition the Department for an administrative review to present evidence showing why their driving privilege should not have been cancelled, suspended or revoked. Application for such review shall be made by personal letter specifying the action for which the review is requested, and the documents in the possession of the Department which the licensee requests to review.

History

• Rulemaking Authority 322.02 FS. Law Implemented 120.57, 322.27(1), 322.221, 322.222 FS. History–New 12-22-92, Amended 6-3-14.

Fla. Admin. Code R. 15A-1.020 Duplicate and Replacement Licenses

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.17, 322.29 FS. History–New 11-20-75, Formerly 15A-1.20, Amended 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.021 Cancellation

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.22 FS. History–New 11-20-75, Formerly 15A-1.21, Amended 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.023 Appointments

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.02 FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.024 Temporary Driving Permits

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.07, 322.25, 322.21, 322.28 FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.025 Motorcycle Examinations; Written Knowledge Test; Pre-Test Motorcycle Inspection; On-Cycle Skill Test and Applicant Requirements; Scoring Criteria

History

• Rulemaking Authority 322.02 FS. Law Implemented 316.211, 322.03, 322.12 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.026 Express Renewal Offices

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.18, 322.19 FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.027 Driver Education Licensing Assistance Program (DELAP)

History

• Rulemaking Authority 322.02, 322.13 FS. Law Implemented 322.13(1)(b)1., 2. FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.028 Fraudulent Driver License Applicants

History

• Rulemaking Authority 322.02, 322.13, 322.212, 322.27 FS. Law Implemented 322.13(2), 322.12, 322.27, 322.271, 322.32, 322.33 FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.029 Distribution of Organ Donor Registration Forms

History

• Rulemaking Authority 322.02, 732.921(2) FS. Law Implemented 732.915, 732.921 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0291 Organ Donor Registration Form

History

• Rulemaking Authority 322.02, 732.921(2) FS. Law Implemented 732.921(1) FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0292 Funding of an Organ Donor Program

History

• Rulemaking Authority 322.02, 732.921, 20.05(6) FS. Law Implemented 732.915, 732.921 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0293 Donor Registry

History

• Rulemaking Authority 322.02, 732.921 FS. Law Implemented 732.915, 732.921 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0294 Donor Identification

History

• Rulemaking Authority 732.921 FS. Law Implemented 732.916, 732.921 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0295 Donor Withdrawal

History

• Rulemaking Authority 322.02, 732.921 FS. Law Implemented 732.916, 732.921 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0296 Substance Abuse Courses Required for Licensing

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.08, 322.095 FS. History–New 12-22-92, Repealed 6-3-14.

Fla. Admin. Code R. 15A-1.0297 School Attendance Required for Licensed Drivers Between 15-18 Years of Age

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.09, 322.0601 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0298 Insulin Dependent Diabetics License Issuance

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.141 FS. History–New 12-22-92, Repealed 8-5-12.

Fla. Admin. Code R. 15A-1.0299 Examination, Temporary Driving Permit and Driver’s License Denial

History

• Rulemaking Authority 322.02 FS. Law Implemented 322.05, 322.12, 322.121, 322.25 FS. History–New 12-22-92, Repealed 8-5-12.

Chapter 15A-3 BUREAU OF FINANCIAL RESPONSIBILITY - RULES AND REGULATIONS RELATING TO FINANCIAL RESPONSIBILITY LAW

Fla. Admin. Code R. 15A-3.001 Proof of Future Financial Responsibility; Upon Conviction

A person whose driver’s license has been revoked pursuant to Section 322.26 or 322.27, F.S., who does not own a motor vehicle, shall not be required to show proof of future financial responsibility under Section 324.072, F.S., until such time as the person is eligible for reinstatement and as a condition precedent to the issuance of a driver license, or acquires the ownership of a motor vehicle, whichever occurs first.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.072 FS. History–New 5-23-78, Formerly 15A-3.01, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.002 Application for Hearing, Procedure

Any person coming within the purview of Chapter 324, F.S., whose driver’s license or registration and tag may be subject to suspension shall, upon written request to the Department in Tallahassee, Florida, be entitled to an administrative hearing. Upon receipt of a written request for a hearing the Department shall fix the time and place of the hearing and give written notice thereof to the applicant at least fifteen (15) days prior to the date fixed for the hearing, notice thereof to be effective upon mailing.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.051(2)(a) FS. History–New 5-23-78, Formerly 15A-3.02, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.003 Stay of Order of Suspension

Receipt of an application for a hearing by the Department shall automatically defer the entry of any order of suspension pending hearing and final determination by the Department and for an additional thirty (30) days thereafter to permit compliance with Chapter 324, F.S., in the event of an adverse ruling by the Department.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.051(2)(a) FS. History–New 5-23-78, Formerly 15A-3.03, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.004 Conduct of Hearing

(1) The scope of the hearing shall be limited to a determination of whether or not the applicant or the applicant’s motor vehicle was involved in the accident, whether or not there is a probability of a civil judgment being rendered against the applicant for damages as a result of the accident, or whether or not the applicant is otherwise exempt from the provisions of Chapter 324, F.S.

(2) The hearing shall be held at the office of the Department handling the affairs of the Department for the county in which the applicant resides, or at a location reasonably adjacent thereto.

(3) All hearings shall be open to the public.

(4) The Department shall allow any party to the hearing to appear in person and with counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present supporting evidence, and to have subpoenas issued by the Department to compel the attendance of witnesses and the production of evidence. Subpoenas duly executed over the seal and signature of the head of the department, or authorized agent, shall be tendered any applicant or the applicant’s counsel upon request therefor fifteen (15) days prior to the hearing, and it shall thereafter be the duty of the applicant or the applicant’s counsel to complete the subpoena and provide for its service upon the witness designated in the manner required by law. The applicant shall bear any expense of witnesses summoned at the request of the applicant.

(5) The rules of evidence applicable to administrative hearings shall be observed, and any party may invoke the rule relating to the exclusion of witnesses.

(6) The Department shall by stenographic or mechanical means accurately record the testimony and the proceedings. A transcript shall be made and furnished the applicant, upon request, at such charge therefor to be paid in advance per Section 322.20, F.S.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.051(2)(a), 322.20 FS. History–New 5-23-78, Formerly 15A-3.04, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.005 SR-22 Filings, Original Policy

(1) Within fifteen working days from the receipt of application and payment of premium or deposit, the insurer shall make a financial responsibility filing of a certification of liability insurance form (SR-22) which the insurer shall provide, (Revised 06-71).

(2) This form (SR-22) shall be printed in a multiform pack of six snap-out copies. The original (pink) and duplicate copy (pink) must be filed with the Department for its internal use. File the triplicate copy (blue) with the original and duplicate only if a receipt acknowledgment from the Department is desired. The remaining three copies (all pink) are intended to be used as follows: the quadruplicate copy for attachment to the insured’s policy, the quintuplicate copy for the file of the agent or producer of record, and the sextuplicate copy for the insurer’s file.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.091(2) FS. History–New 5-23-78, Formerly 15A-3.05, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.006 Identification Cards

(1) For renewals and new policies issued after June 1, 2014, proof that personal injury protection benefits and property damage liability insurance have been purchased when required under Sections 627.733 and 324.022, F.S., shall be made by the applicant at the time of registration of any motor vehicle owned as defined in Section 627.732, F.S. Insurers shall furnish uniform proof of insurance in paper or electronic formats as prescribed by the Department. Such proof of insurance shall also indicate the existence of any bodily injury liability insurance voluntarily purchased.

(2) The required paper or electronically-formatted proof of insurance must be provided for all policies issued or renewed with personal injury protection/property damage liability and bodily injury liability. Such proof of insurance shall indicate the vehicle year, make and VIN number of up to two insured vehicles per proof. No more than two vehicles may be shown on a single proof of insurance when the policy covers more than two vehicles but less than 25. When more than 25 vehicles are insured under any policy, the term “Fleet Coverage” must be indicated. Proof of insurance must be furnished on renewal policies at least annually thereafter.

(3) New proof of insurance shall be provided whenever there is a change in the required information. Electronically-formatted proof of insurance requires the same information as the paper proof of insurance.

(a) Specifications for paper or electronic proof of insurance are as follows:

1. Size: 3 1/2 inches x 2 1/4 inches, if paper card is issued.

2. Color: Optional

3. Information:

a. Header – Florida Automobile Insurance Identification Card.

b. Company Number: Numeric Florida identification number of the insurance company (not group).

c. Company Name: Insurer’s full legal company name or group name provided on the insurance policy.

d. Named Insured: First and last name(s) of the insured as indicated on the policy.

e. Policy Type: Must include an indicator of the type of coverage provided: personal injury protection/property damage liability, bodily injury liability.

f. Policy Number: Alphanumeric assigned policy number, self-insurance license, or contract number.

g. Effective Date: Numeric policy effective date, date the terms and conditions of the policy commence (special characters allowed). Effective date must include month, day and year.

h. Vehicle Identification Number (VIN):

(i) Vehicle(s) Year and Make (not to exceed two vehicles per proof of insurance)

(ii) Fleet Coverage (more than twenty five vehicles insured)

i. Not valid more than one year from effective date.

j. Warning of violation of Section 316.646, F.S., must be present on all I.D. cards, “Misrepresentation of insurance is a first degree misdemeanor.”

FLORIDA AUTOMOBILE INSURANCE IDENTIFICATION CARD

(NAME OF INSURANCE COMPANY OR GROUP)

POLICY NUMBER/FLORIDA CODE NO.: __________

EFFECTIVE DATE _____________

___ PERSONAL INJURY

___ BODILY INJURY

PROTECTION BENEFITS/

LIABILITY

PROPERTY DAMAGE

LIABILITY

NAMED INSURED

YEAR, MAKE AND VIN NUMBER, OR FLEET COVERAGE

(IF MORE THAN TWENTY-FIVE VEHICLES INSURED)

NOT VALID FOR MORE THAN ONE YEAR FROM EFFECTIVE DATE

(b) Items a. through i. must be formatted as shown in the exhibit above. Item i. must be printed across the bottom of the proof of insurance.

(4) Additional information may be added to the front side of the proof of insurance but not above the required information other than sub-subparagraph (3)(a)3.i. The reverse side of any foldover, which is part of the paper proof of insurance may also be used for additional information. Warning of violation (sub-subparagraph (3)(a)3.j.) may be printed on the reverse side of a paper proof of insurance.

History

• Rulemaking Authority 316.646(5), 324.042 FS. Law Implemented 316.646(1), 320.02(5), 324.022, 627.733 FS. History–New 5-23-78, Formerly 15A-3.06, Amended 12-11-89, 3-25-93, 2-3-14.

Fla. Admin. Code R. 15A-3.007 Policy Verification

Pursuant to Section 320.02(5), F.S., owners of motor vehicles defined in Section 627.732, F.S. must provide proof of personal injury protection benefits and property damage liability insurance when registering their vehicle for use on the public highways. The Motor Vehicle Insurance Reform Act of 1988 requires the Department to adopt rules and regulations to implement those laws. The Department shall check to see that each owner of a vehicle coming under the act is covered by personal injury protection benefits and property damage liability insurance as required under Sections 627.733 and 324.022, F.S. The Department shall check accident reports to see that each owner of a vehicle subject to the act is protected by personal injury protection benefits and property damage liability insurance.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.031, 627.733, 320.02(5), 324.151 FS. History–New 5-23-78, Formerly 15A-3.07, Amended 12-11-89, 3-25-93.

Fla. Admin. Code R. 15A-3.008 Notice of Cancellation or Termination

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.031, 627.733, 320.0(4), 627.734 FS. History–New 5-23-78, Formerly 15A-3.08, Repealed 8-5-12.

Fla. Admin. Code R. 15A-3.009 Insurance Binders for the Purpose of Vehicle Registration

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.021, 324.031, 320.02(5) FS. History–New 5-23-78, Formerly 15A-3.09, Amended 12-11-89, 3-25-93, Repealed 8-5-12.

Fla. Admin. Code R. 15A-3.011 Self-Insurance

(1) Persons desiring to qualify as a self-insurer must meet the following requirements:

(a) A natural person with private passenger vehicles shall possess a net unencumbered worth of at least $40,000.

(b) A person, including any firm, partnership, association, corporation, or other person, other than a natural person, shall:

1. Possess a net unencumbered worth of at least $40,000 for the first motor vehicle and $20,000 for each additional motor vehicle; or

2. Maintain sufficient net worth to be determined as follows: at least $40,000 net unencumbered worth for the first motor vehicle and an amount less than the $20,000 for each additional motor vehicle provided such self-insurer provides the Department an excess insurance policy in the amount of $25,000, $50,000 or $100,000 combined single limits, for each covered vehicle. The amount of net unencumbered worth to be maintained for each additional vehicle will be formulated annually by the Department from the “Manual of Financial Responsibility Rates,” (Revised 05-89, and hereby incorporated by reference), prepared by the Department of Insurance, based upon actuarial data from property and casualty insurance companies, provided by the Department of Insurance to the Department.

(c) The owner of a commercial motor vehicle as defined in Section 207.002(2), F.S., may qualify as a self-insured in the amounts listed below in accordance with the provisions of Section 324.171(1)(b)2., F.S.

Minimum Liability Insurance

Gross Vehicle Weight Required Per Occurrence

Category I. 26,000-34,999 pounds $50,000

Category II. 35,000-43,999 pounds $100,000

Category III. 44,000 pounds or more $300,000

Category IV. Vehicles subject to United States Department of Transportation Insurance $750,000 (Minimum Federal Levels)

Regulations

1. The owner of a commercial motor vehicle in order to qualify as a self-insured shall furnish the Department a certified copy of a financial statement (balance sheet indicating assets and liabilities) showing an unencumbered net worth for either of the options listed below.

a. If no excess insurance is provided:

(I) $50,000 for the first vehicle in Category I., and $20,000 for each vehicle thereafter.

(II) $100,000 for the first vehicle in Category II., and $20,000 for each vehicle thereafter.

(III) $300,000 for the first vehicle in Category III., and $20,000 for each vehicle thereafter.

(IV) $750,000 for the first vehicle in Category IV., and $20,000 for each vehicle thereafter.

b. If proof of excess insurance is provided, the self-insurer must maintain * net unencumbered worth for the first motor vehicle plus an additional amount of net unencumbered worth for each additional vehicle, such amount to be formulated annually by the Department from the “Manual of Financial Responsibility Rates” prepared by the Department of Insurance, based upon actuarial data from property and casualty insurance companies. In determining the amount required for each additional vehicle, the Department shall take into consideration excess insurance coverage, if such coverage is maintained by the applicant.

*Utilizing the figures of $50,000, $100,000, $300,000 or $750,000 whichever is applicable to the weight of the applicant’s vehicles.

(2) A certificate of self-insurance will be issued upon written request stating the name and address of the applicant along with a description of the vehicles to be insured, a financial statement showing net unencumbered worth as stated above and proof of excess insurance where applicable. Certificates of self-insurance are: Certificate of Self-Insurance (natural person), HSMV-74750, Revised 5/91; Certificate of Self-Insurance (without PIP coverage), HSMV-74753, Revised 3/87; Certificate of Self-Insurance (with PIP coverage), HSMV-74754, Revised 3/87, are hereby incorporated by reference.

(3) A certificate of self-insurance is valid for a period of one year from the effective date of the certificate.

(4) Not less than 30 days prior to the expiration date of the certificate, the Department shall request a financial statement specifying the net unencumbered worth of the self-insurance holder and an insurance update specifying excess coverage for the self-insurance holder for the purpose of renewing the certificate.

(5) Financial statements of unencumbered net worth submitted to the Department for the purpose of qualifying as a self-insurance holder may not include any property which is not owned or titled in the name of the self-insuring entity.

(6) The actuarial data from the “Manual of Financial Responsibility Rates” prepared by the Department of Insurance will be subject to change each year, based upon the price and availability of insurance coverage. The Department will advise the certificate holder not less than 30 days prior to renewal, or other non-natural person interested in becoming self-insured, of the necessary requirements for a firm, partnership, association, corporation or other persons, other than a natural person, to continue or to begin participating in the self-insurance program.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.171, 207.002(2), 627.7415 FS. History–New 1-27-87, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.012 Notice of Cancellation, Renewal or Nonrenewal and Notice of Issuance

Florida authorized or eligible motor vehicle liability insurers delivering or issuing for delivery coverage which provides personal injury protection and property damage liability shall report to the Department in the manner specified in the Procedures Manual for Implementation of the Motor Vehicle Insurance Reform Act of 1988, hereby incorporated by reference. A copy of the manual can be obtained from the Division of Administrative Services, Department of Highway Safety and Motor Vehicles.

History

• Rulemaking Authority 627.736(9)(a) FS. Law Implemented 627.7275, 627.736(9)(a) FS. History–New 3-27-89, Amended 3-25-93.

Fla. Admin. Code R. 15A-3.013 Reports of Accidents, Suspension of Licenses and Registrations

Any motor vehicle accident which results in death or personal injury, which involves a violation of willfully leaving the scene of an accident pursuant to Section 316.027(2) or 316.061(1), F.S., or which involves a violation of driving under the influence pursuant to Section 316.193, F.S., shall be reported to the Department by the investigating law enforcement officer. The investigating officer may, in the officer’s discretion, report any accident which requires a wrecker to remove a vehicle from the scene of the accident. Accidents meeting these reporting requirements shall be on a form specified in Section 316.068, F.S. A minimum of 30 days after receipt of an accident report meeting these conditions, the Department shall take action to suspend the driver license of each resident operator and all registrations of the owner of the vehicles, whether or not involved in the reported accident. In the case of a nonresident owner or operator, the Department shall take action to suspend the nonresident’s operating privilege in this state. Suspension shall be effected 30 days after due notice and opportunity to be heard if not found by the Department to be exempt from the operation of this chapter based upon evidence furnished to the Department pursuant to exceptions set forth in Section 324.051(2)(b), F.S.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.051 FS. History–New 3-25-93.

Fla. Admin. Code R. 15A-3.014 Security Deposited with the Department of Highway Safety and Motor Vehicles

Security deposited pursuant to the provisions of Section 324.051(2)(a)4., F.S., with respect to claims for injuries to persons or properties resulting from an accident occurring prior to such deposit, shall be in the form and amount determined by the Department which, in its judgment, will be sufficient to compensate for all injuries arising out of such accident, but in no case shall the amount be greater than the limits as specified in Section 324.021(7), F.S.

(1) Security required to be deposited based on properties damaged as a result of a motor vehicle accident is based upon the estimate of damage made by the investigating officer at the time of the accident. This amount is adjustable upon receipt of documentary evidence furnished the Department to indicate a greater or lesser amount of property damage. Such evidence may be in the form of estimates of repair from body repair shops, loss reports, or subrogation reports from fire and casualty insurance companies.

(2) Security required to be deposited based on bodily injury to persons are based upon insurance actuarial amounts.

(a) Fatalities, either at the time of the accident upon arrival of the investigating officer, or within a twelve month period as a result of the accident: $10,000 per person per accident.

(b) Incapacitating injury, visible signs of injury as bleeding wounds, distorted bodily members, or had to be carried from the scene of the accident: $1,000 per person per accident.

(c) Nonincapacitating injury indicated by visible signs of injury such as bruises, abrasions, swelling, or limping: $300 per person per accident.

(d) Possible injury, no visible sign of injury, but complaint of pain or momentary unconsciousness: $100 per person per accident.

(3) Security deposit amount required-reduction thereof. The Department shall have the administrative authority to decrease the amount of security required in order to comply with the provisions of Section 324.051(2)(a)4., F.S., based upon evidential proof provided the Department. Evidential proof may be in the form of a returned letter mailed certified, return receipt requested, to the party giving a release pursuant to Section 324.051(2)(a)3., F.S. The letter must be returned to the originator intact and unopened, marked by the United States Postal Service as “No Such Address” or “No Forwarding Address.” The security amount for property damage shall not be reduced to less than $250 and bodily injury to persons shall not be reduced to less than $100.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.061 FS. History–New 3-25-93.

Fla. Admin. Code R. 15A-3.015 Reinstatement Fees

Any operator or owner whose driver’s license or registration has been suspended pursuant to Section 627.733 or 316.646, F.S., may effect its reinstatement upon compliance with the requirements of this section and upon payment to the Department of a nonrefundable reinstatement fee of $150, $250 or $500 pursuant to Section 627.733(7), F.S. Only one such reinstatement fee shall be paid by any one person irrespective of the number of licenses and registrations to be then reinstated or issued to such person depending upon the reason and under which statute suspension was issued. Any operator or owner whose driver’s license or registration has been suspended pursuant to Section 324.051(2), 324.072, 324.081 or 324.121, F.S., may effect its reinstatement upon compliance with the provisions of Section 324.051(2)(a)3., 4. or 5. or 324.081(3) or (4), F.S., as the case may be, and with one of the provisions of Section 324.031, F.S., and upon payment to the Department of a nonrefundable reinstatement fee in the amount of fifteen ($15) dollars. Only one such reinstatement fee shall be paid by any one person irrespective of the number of licenses and registrations to be then reinstated or issued to such person depending upon the reason and under which statute suspension was issued. When the reinstatement of any driver’s license or motor vehicle registration is effected by compliance with Section 324.051(2)(a)3., 4. or 5., 324.072, 324.081(3) or (4), 324.121, 627.733 or 316.646, F.S., the Department shall not renew the license or registration within a period of three years from such reinstatement, nor shall any other license or registration be issued in the name of such person, unless the person continues to comply with one of the provisions of Section 324.031 or 627.733, F.S.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.071, 627.733, 316.646, 324.051 FS. History–New 3-25-93.

Fla. Admin. Code R. 15A-3.016 Vehicle License Plate Seizure

Effective October 1, 1989, law enforcement officers are authorized to seize vehicle license plates pursuant to Sections 324.201 and 627.733(7), F.S., requires that one-third of the driver license reinstatement fee shall be distributed to the local government entity or state agency that employed the officer who seized a license plate under the authority of Section 324.201, F.S.

History

• Rulemaking Authority 324.042 FS. Law Implemented 324.201, 627.733 FS. History–New 3-25-93.

Chapter 15A-5 MEDICAL ADVISORY BOARD GUIDELINES

Fla. Admin. Code R. 15A-5.001 Purpose

These guidelines are used by the Medical Advisory Board of the Department of Highway Safety and Motor Vehicles for the purpose of guiding the Board’s determination and assessment of the mental, physical or emotional disabilities affecting the ability of a person to safely operate a motor vehicle in those cases submitted to the Board for its review and recommendation. These guidelines shall not be construed as limiting the exercise of the Board’s discretion in recommending its position to the Department on any particular case, which shall be based upon the professional judgment of the members.

History

• Rulemaking Authority 322.02(3), 322.126(1) FS. Law Implemented 322.05(7), 322.125(1), (2), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Formerly 15A-5.01.

Fla. Admin. Code R. 15A-5.0010 Definitions

(1) Alcohol – Any substance containing one-half of one percent or more alcohol by volume including ethanol, methanol, propanol, isopropanol, non-alcoholic beer or wine, and over the counter products.

(2) Administrative Hearing – A proceeding before a panel pursuant to Chapters 120 and 322, F.S.

(3) Applicant – An individual applying for a Florida driver license.

(4) Chairman – A licensed doctor of medicine who is employed by the Department and serves as the administrative officer of the Board.

(5) Deficit – Any impairment of physical or mental function that could affect an applicant or licensed driver’s ability to safely operate a motor vehicle.

(6) Denial – When a driving privilege is withheld for a specific period of time or indefinitely.

(7) Department – The Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives.

(8) Disorder – Any physical or mental condition that can cause deficits.

(9) Driver License – Has the same meaning as set forth in Section 322.01, F.S.

(10) Drugs – Any drug classified as a controlled substance under Title 21 U.S.C. s. 802(6) (2017), http://www.flrules.org/Gateway/reference.asp?No=Ref-09604, herein incorporated by reference effective 07/18, Title 21 C.F.R. ss. 1308.11 – 1308.15 (04/01/2017 edition), http://www.flrules.org/Gateway/reference.asp?No=Ref-09613, herein incorporated by reference effective 07/18, or Chapter 893, F.S.

(11) Executive Director – The Executive Director of the Department of Highway Safety and Motor Vehicles.

(12) Extended Driving Test – Three driving tests given consecutively with the same examiner/agent.

(13) Eye Specialist – A licensed optometrist or ophthalmologist.

(14) Final Order – A written final decision by the Executive Director, or designee, that is the result of a proceeding pursuant to Chapters 120 and 322, F.S.

(15) Medical Advisory Board (Board) – Has the same meaning as set forth in Section 322.125, F.S.

(16) Motor Vehicle – Has the same meaning as set forth in Section 322.01, F.S.

(17) Panel – A group of Department employees and members of the Board designated to conduct any proceeding authorized by this rule.

(18) Recommended Order – The official recommendation of a panel for the final disposition of a proceeding under Chapters 120 and 322, F.S.

History

• Rulemaking Authority 322.02, 322.125 FS. Law Implemented 120.52, 120.80, 322.01, 322.08, 322.125, 322.126 FS. History–New 7-31-18.

Fla. Admin. Code R. 15A-5.0011 Functions and Responsibilities

History

• Rulemaking Authority 322.02(3), 322.126(1) FS. Law Implemented 322.05(7), 322.125, 322.126, 322.221(2)(c), 120.62 FS. History–New 6-27-82, Amended 7-29-84, 1-28-85, Formerly 15A-5.011, Repealed 8-5-12.

Fla. Admin. Code R. 15A-5.002 Report of Deficit or Disorder to the Department

A report neccessitating the review of an applicant or licensed driver’s physical or mental ability to safely operate a motor vehicle may come to the attention of the Department as the result of the:

(1) Receipt by the Department of a motor vehicle crash report indicating that a possible cause of the crash was a driver’s physical or mental deficit.

(2) Receipt by the Department of a Medical/Re-Exam Referral Form, HSMV 72419, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09592, herein incorporated by reference, indicating that the applicant or licensed driver has previously suffered from epilepsy or dizzy spells, been addicted to drugs or alcohol, or suffered from any other physical or mental deficit or disorder. Questions as to the applicant or licensed driver’s mental or physical ability to safely operate a motor vehicle will be based upon questions posed and/or observations made by the examiner in accordance with the September 2009 National Highway Traffic Safety Administration’s Driver Fitness Medical Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-09605, herein incorporated by reference effective 07/18. Copies of the form and the guidelines are available on the Department’s website.

(3) Receipt by the Department of a report submitted pursuant to section 322.126, F.S. This information may be submitted on a Medical Referral Form, HSMV 72190, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09593, or Medical Referral Form (Spanish), HSMV 72190 SP, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09598, herein incorporated by reference. Copies of the forms are available on the Department’s website.

(4) Receipt by the Department of a request for reconsideration as provided by rule 15A-5.0022, F.A.C.

History

• 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), 120.62, 120.53(1)(c) FS. History–New 6-5-81, Amended 6-27-82, Amended 7-29-84, 1-28-85, Formerly 15A-5.02, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.0021 Medical Review

(1) Upon receipt of a report of an applicant or licensed driver exhibiting a mental or physical deficit, the Department may require an applicant or licensed driver to have his or her physician(s) complete one or more medical report form(s) and provide the Department with any other medical information it deems necessary to assist the Board in evaluating the applicant or licensed driver’s mental or physical ability to safely operate a motor vehicle.

(2) A request for review of the applicant or licensed driver’s medical reports regarding his or her physical or mental ability to safely operate a motor vehicle will be submitted to the Chairman, or a Board member designated by the Chairman, for review and recommendation. If the Chairman or designated Board member determines that the case should be reviewed by a specialist, the request for review and medical reports will be submitted to a member of the Board in the medical discipline covering the deficit of the applicant or licensed driver for assessment. The Board member will make a recommendation on Medical Advisory Board Recommendation Form, HSMV 72997, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09591, herein incorporated by reference. A copy of the form is available on the Department’s website. The Board member will then have the primary responsibility for making a recommendation to the Department on behalf of the Board. Cases involving vision and neurological deficits may be submitted directly to a Board neurologist or eye specialist for review and recommendation.

(3) The Board’s recommendation may include the following:

(a) A denial or revocation of the applicant or licensed driver’s driving privilege.

(b) An approval of the applicant or licensed driver’s fitness to drive with no follow-up medical reports and no examination or reexamination.

(c) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as defined in Rule 15A-5.0010, F.A.C. Failing any part of the extended driving test constitutes a failure of the extended driving test.

(d) An approval with a requirement that the applicant or licensed driver submit a follow-up medical report. If the Department orders a follow-up review of an applicant or licensed driver’s medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.

(e) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as defined in Rule 15A-5.0010, F.A.C., and a requirement that they submit a follow-up medical report. Failing any part of the extended driving test constitutes a failure of the extended driving test. If the Department orders a follow-up review of an applicant or licensed driver’s medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.

(f) A request that the applicant or licensed driver provide for further review the results of a Certified Driver Evaluation conducted by a Certified Driver Rehabilitation Specialist.

(g) A request that the applicant or licensed driver provide for further review additional medical information.

(4) All recommendations by the Board to the Department will be based on the request for review and the applicant or licensed driver’s medical reports, which may include Certified Driver Evaluations conducted by Certified Driver Rehabilitation Specialists.

(5) In cases involving commercial drivers, the Board will make its recommendation in accordance with Title 49 C.F.R. s. 391.41 (10/01/2017 edition), http://www.flrules.org/Gateway/reference.asp?No=Ref-09602, herein incorporated by reference effective 07/18. In such cases the applicant or licensed driver may be required to complete the Commercial Driver License Form, HSMV 71048, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09587, herein incorporated by reference. Copies of the regulation and form are available on the Department’s website.

(6) Based on the Board’s recommendation, the Department may deny, revoke, suspend, cancel, approve, or contingently approve the applicant or licensed driver’s driving privilege or driver license. The Department’s decision on licensure must be rendered within 90 days following the receipt of all requested information from the applicant or licensed driver.

(7) If the Department denies a driving privilege or revokes, suspends, or cancels a driver license, the affected individual may, at any time, provide additional or updated medical information or a Certified Driver Evaluation conducted by a Certified Driver Rehabilitation Specialist for reconsideration by the Board.

History

• 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. History–New 7-31-18.

Fla. Admin. Code R. 15A-5.0022 Administrative Hearing Procedures

(1) Following the Department’s decision to deny a driving privilege, or to revoke, suspend, or cancel a driver license, an applicant or licensed driver may file a written request for a hearing pursuant to Section 322.222, F.S., and Rule 15A-1.0195, F.A.C., or appeal the decision to the circuit court pursuant to Section 322.31, F.S. All requests for a hearing must be filed with the Bureau of Motorist Compliance, Medical Review section, 2900 Apalachee Parkway, Neil Kirkman Building, MS 86, Tallahassee, Florida 32399-0500. The request may be submitted by regular United States mail or by personal delivery. The request must contain the following: the name, address, email address if available, daytime telephone number, and signature of the person filing the request; the name, date of birth, and driver license number of the party on whose behalf the request is filed; and a copy of the Order of License Revocation, Suspension, or Cancellation at issue. All parties or their attorneys must promptly notify the Medical Review Section or the panel in writing of any changes to their contact information.

(2)(a) A request for a hearing must be filed within 30 days after receipt of written notice of the Department’s decision. Any person who receives written notice of the Department’s decision and fails to timely file a request for a hearing waives the right to request a hearing on such matters.

(b) For good cause shown, the Department may grant an extension of time for filing a request for a hearing. A request for an extension of time must be filed with the Medical Review Section prior to the deadline for filing a request for hearing. For purposes of this section, good cause means extraordinary circumstances beyond the control of the applicant or licensed driver or his or her attorney that prevented the party from filing a timely request for a hearing.

(c) A timely request for extension of time will toll the running of the time period for filing a request for a hearing until such time as the request for extension of time is acted upon.

(3) In construing this rule, filing means received by the Medical Review Section or the panel during normal business hours or by the panel during a hearing. Any document received by the Medical Review Section or the panel before 5:00 p.m. will be filed as of that day. Any document received after 5:00 p.m. will be filed as of 8:00 a.m. on the next regular business day.

(4) When computing any period of time allowed by this rule, the day of the act from which the period of time begins to run will not be included. The last day of the period will be included unless it is a Saturday, Sunday, or legal holiday, in which case the period will run until the end of the next day that is not a Saturday, Sunday, or legal holiday. As used in these rules, legal holiday means those days designated in Section 110.117, F.S.

(5)(a) Any party who appears at a hearing has the right, at his or her own expense, to be represented by an attorney. Attorney means a member of The Florida Bar.

(b) Any attorney who files a request for a hearing or who files any document with the Medical Review Section or the panel will be deemed to have entered an appearance and will be counsel of record in the proceeding. Any attorney representing the State of Florida will file a notice of appearance. Attorneys should file a notice of appearance as soon as possible.

(c) Service on counsel of record constitutes service on the party represented.

(d) On written motion, the panel will grant counsel of record leave to withdraw, unless the withdrawal interferes with the efficient and proper functioning of the proceedings. A copy of a motion to withdraw must be served by the attorney on all parties. Service may be made by regular United States mail or by personal delivery.

(6) Hearings will be held before a panel consisting of three or more persons and must include at least one Board member, one attorney from the Department’s Office of General Counsel, and one employee of the Department’s Division of Motorist Services. The panel will be selected and approved by the Director of Motorist Services, or his or her designee, who will also designate one member of the panel as the panel chair. The panel chair will be responsible for all administrative matters related to the hearing. Any person who participated in making the recommendation to or decision of the Department pursuant to Rule 15A-5.0021, F.A.C., may not be a member of the panel.

(7) Unless otherwise allowed by law or by agreement of the parties, a hearing under this rule must be held within 45 days of receipt of a timely request for hearing by the Medical Review Section.

(8) Unless otherwise agreed by the parties, all hearings will be held in Tallahassee at the Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Neil Kirkman Building, Tallahassee, Florida 32399-0500. Parties may appear at a hearing by means of video teleconference or by telephone.

(9) The panel chair will set the time and place for all hearings and will serve written notice of any hearing on all parties at their address of record. The parties must be served notice at least 14 days prior to the hearing unless otherwise agreed by the parties or unless otherwise provided by law. Service may be made by regular United States mail or by personal delivery.

(10)(a) Upon the written request of any party, the panel chair will issue a subpoena for the attendance of a witness at the hearing. Such requests may be submitted ex parte to the panel for issuance.

(b) A request for a subpoena must include the name and signature of the party making the request, the case number of the matter for which the subpoena is requested, the name and address of the witness whose attendance is requested, the time and place at which the witness is to appear, and a statement regarding how the witness’ testimony would provide relevant evidence relating to the issues in the proceeding. The request must also specify whether the witness is required to bring relevant documents to the hearing, which must be specifically described.

(c) Discovery subpoenas will not be issued by the panel.

(d) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older. Service must be made by delivering a copy to the person named in the subpoena. The party requesting a subpoena to be issued is responsible for the service of such subpoena and the payment of any associated costs and fees. Compensation of witnesses will be in the manner provided in Sections 48.031, 92.141, 92.142, and 120.569, F.S.

(e) Service of a subpoena on a law enforcement officer or on any federal, state, or municipal employee called to testify in an official capacity may be made as provided in Section 48.031, F.S., or by delivery to a designated supervisory or administrative employee at the witness’ place of employment if the Executive Director or highest ranking official at the witness’ place of employment has designated such employee to accept such service. However, no such designated employee is required to accept such service:

1. For a witness who is no longer employed by the agency at that place of employment;

2. If the witness is not scheduled to work prior to the date the witness is required to appear; or

3. If the appearance date is less than seven days from the date of service.

The Executive Director or highest ranking official at the witness’ place of employment may determine the days of the week and the hours that service may be made at the witness’ place of employment.

(f) Proof of service of a subpoena must include the date and time of service, the name of the person served, a certification of service by the person who served the subpoena, and proof of payment of witness compensation.

(g) The panel chair is authorized to amend or strike a request for a subpoena that does not comply with the provisions of this rule. The panel is authorized to quash or limit a subpoena prior to or at a hearing.

(h) Any person subject to a subpoena may, before compliance and on timely motion, request the panel to invalidate the subpoena on the ground that it was not lawfully issued.

(i) A party may seek enforcement of a subpoena issued under the authority of this rule by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides. A failure to comply with an order of the court enforcing a subpoena may result in a finding of contempt of court. However, no person will be in contempt while a subpoena is being challenged. The court may award to the prevailing party all or part of the costs and attorney’s fees incurred in obtaining the court order whenever the court determines that such an award should be granted under the Florida Rules of Civil Procedure.

(11) The panel will not hear any matter nor issue any order related to discovery.

(12) At the hearing, each party will have the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut adverse evidence. Relevant evidence is defined as evidence which tends to prove or disprove a material fact. Panel members may question any witness.

(13) All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs will be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form.

(14) The rules of privilege apply to the same extent as in civil actions under Florida law.

(15) Oral evidence must be taken only on oath or affirmation administered by a notary public. Testimony may be taken by means of video teleconference or by telephone. If testimony is taken by telephone, a notary public must be physically present with the witness to administer the oath or affirmation. The notary public must provide a written certification to be filed with the panel confirming the identity of the witness, and confirming the oath or affirmation by the witness. It is the responsibility of the party calling the witness to secure the services of a notary public.

(16) The Department has the responsibility for recording the testimony presented at a hearing utilizing a voice recording device. Any party to a hearing may, at its own expense, provide a certified court reporter for the recording of testimony. At hearings reported by a court reporter, any party who wants a transcript of the testimony must order the transcript at its own expense. If a court reporter records the proceedings, the recordation will become the official transcript.

(17) The panel will determine whether the Department’s decision to deny a driving privilege, or to revoke, suspend, or cancel a driver license is supported by a preponderance of the evidence. The panel is the sole decisionmaker as to the weight, relevance, and credibility of any evidence presented. The panel will prepare a Recommended Order and transmit it to all parties and to the Executive Director or designee who will enter a Final Order based on the evidence and findings. The Recommended Order must include a caption, the time and place of hearing, all appearances entered at the hearing, a statement of the issues, separately stated findings of fact and conclusions of law, and a recommendation for final agency action. Unless waived by all parties, the Recommended Order must be transmitted to the parties within 20 days after the hearing or receipt of the hearing transcript, whichever is later.

(18) Within 15 days after the entry of the Recommended Order, the parties may file with the Medical Review Section exceptions to findings of fact and conclusions of law contained in a Recommended Order. Exceptions must identify the disputed portion of the Recommended Order by page number or paragraph, must identify the legal basis for the exception, and must include any appropriate and specific citations to the record. Any party may file responses to another party’s exceptions within 10 days after the date the exceptions are filed with the Medical Review Section.

(19)(a) If the applicant or licensed driver fails to appear at a duly noticed hearing, the right to a review of the Department’s decision on licensure will be waived. The panel will provide notice to the party of his or her failure to appear and its intention to issue a Recommended Order sustaining the findings of the Department in its decision on licensure.

(b) Within five days of the scheduled hearing, the applicant or licensed driver may submit to the panel a written statement alleging good cause for his or her failure to appear at the hearing.

(c) For the purpose of this section, good cause means extraordinary circumstances beyond the control of the applicant or licensed driver or his or her attorney that prevented the party from attending the hearing. If good cause is shown, the hearing will be continued and notice setting a new hearing date will be sent to all parties by the panel chair.

(d) No hearing will be continued for a second failure to appear.

(e) If the applicant or licensed driver does not provide a written statement alleging good cause or if good cause is not found by the panel, the panel will issue its Recommended Order to the Department.

(f) This section does not apply to the nonappearance of an applicant or licensed driver who is represented at hearing by an attorney.

(20) The Executive Director or designee will enter a Final Order within 45 days after receipt of the Recommended Order. A Final Order may be appealed pursuant to Section 322.31, F.S. The date of rendition of a Final Order is the date an order is mailed pursuant to Section 322.251, F.S. A request for appeal of a Final Order will not stay a denial or revocation of a driver license.

History

• Rulemaking Authority 322.02, 322.125, 322.222 FS. Law Implemented 120.569, 120.57, 120.80, 322.05, 322.125, 322.221, 322.222 FS. History–New 7-31-18.

Fla. Admin. Code R. 15A-5.003 Seizure Disorders

History

• Rulemaking Authority 322.20(3), 322.126(1) FS. Law Implemented 322.05(7), 322.125(1), (2), 322.126(1), 120.62 FS. History–New 7-5-81, Amended 6-27-82, Formerly 15A-5.03, Repealed 8-5-12.

Fla. Admin. Code R. 15A-5.004 Seizures

(1) Applicants or licensed drivers must be seizure free for a period of two years before having their license issued or reinstated, but may apply at the end of six months to be reconsided by the Board for issuance or reinstatement if they are under regular medical supervision and seizure free. Applicants or licensed drivers with “petit mal,” absence seizures, and partial seizures with complex symptomology will also be subject to these guidelines. An applicant or licensed driver with an isolated seizure with a normal electroencephalogram may be reconsidered by the Board at the end of three months. Applicants or licensed drivers must present a Medical Report, HSMV 72423, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09594, herein incorporated by reference, from their treating physician. A copy of the form is available on the Department’s website.

(2) Applicants or licensed drivers who have been approved for license issuance or reinstatement after being seizure free for six months may be required to submit follow-up medical information at periodic intervals as recommended by the Board.

(3) Applicants or licensed drivers who have had chronic recurring seizures (or have been treated for such for one year) and who have anti-epileptic medications discontinued will not be licensed to drive during the period of drug withdrawal and for a period of three months following complete cessation of treatment. If the applicant or licensed driver has seizures during this withdrawal period, licensing may be considered after a three-month seizure free interval or upon return to adequate therapy.

(4) If there is a question about the seizure type or the medication the applicant or licensed driver is prescribed, it is the prerogative of the Board to question the physician further to clarify the nature of the seizures.

(5) Blood levels below therapeutic levels are to be considered on an individual basis.

(6) Applicants or licensed drivers with only non-epileptic seizures or chronic nocturnal seizures will be considered on an individual basis.

History

• 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. History–New 7-5-81, Amended 6-27-82, Formerly 15A-5.04, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.005 Loss of Consciousness

(1) Recommendations by the Board as to whether an applicant or licensed driver who suffers from loss of consciousness can safely operate a motor vehicle will depend upon consideration of the Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., and Loss of Consciousness Follow-Up Form, HSMV 72117, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09590, herein incorporated by reference, from their treating physician indicating the cause of the loss of consciousness.

Copies of the forms are available on the Department’s website.

(2) Applicants or licensed drivers who may have experienced a loss of consciousness as a result of hypoglycemia must provide a Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., and/or Diabetes/Hypoglycemia Follow-Up Form, HSMV 72112, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09589, herein incorporated by reference, from their treating physician for consideration by the Board. If the hypoglycemic episode resulted in a motor vehicle crash, the applicant or licensed driver must present a Diabetes Form, HSMV 72118, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09588, herein incorporated by reference, from their treating physician. Copies of the forms are available on the Department’s website.

History

• 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. History–New 6-27-82, Formerly 15A-5.05, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.006 Cardiovascular Deficits

Applicants or licensed drivers who experience cardiovascular deficits must present a Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., from their treating physician indicating their physical ability to safely operate a motor vehicle. A copy of the form is available on the Department’s website.

History

• 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. History–New 7-5-81, Amended 6-27-82, Formerly 15A-5.06, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.007 Diabetes Mellitus

History

• Rulemaking Authority 322.02(3), 322.126(1) FS. Law Implemented 322.05(7), 322.125(1), (2), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Formerly 15A-5.007, Repealed 6-27-82.

Fla. Admin. Code R. 15A-5.008 Deficits of Memory or Judgment

Applicants or licensed drivers who suffer from deficits of memory or judgment must present a Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., from their treating physician indicating their physical and mental ability to safely operate a motor vehicle. A copy of the form is available on the Department’s website.

History

• 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. History–New 7-5-81, Amended 6-27-82, Formerly 15A-5.08, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.009 Musculoskeletal and Neuromuscular Disorders

(1) Applicants or licensed drivers with static musculoskeletal or static neuromuscular disorders who demonstrate that they can safely operate a motor vehicle with or without the use of aids and devices based on an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C., may be required to submit a Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., for review by the Board. Applicants or licensed drivers may be exempted from further reviews since these conditions are static and not likely to progress. A copy of the form is available on the Department’s website.

(2) Applicants or licensed drivers with progressive musculoskeletal and progressive neuromuscular disorders will be required to submit a Medical Report, HSMV 72423, effective 07/18, incorporated by reference in Rule 15A-5.004, F.A.C., from their treating physician indicating they have the mental and physical ability to safely operate a motor vehicle. These applicants or licensed drivers must provide periodic follow-up medical information as recommended by the Board due to the progressive nature of these disorders. They may also be required by the Board to take an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C. A copy of the form is available on the Department’s website.

History

• 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. History–New 7-5-81, Amended 6-27-82, Formerly 15A-5.09, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.010 Severe Mental Disorders

(1) Applicants or licensed drivers who have been adjudged incompetent will not be considered capable of safely operating a motor vehicle unless their competency has been judicially restored.

(2) Applicants or licensed drivers who have suffered from severe mental disorders that have required hospitalization or treatment for six months or more must present a Mental Status Examination Form, HSMV 72481, effective 07/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09595, herein incorporated by reference, from a licensed psychiatrist of their mental ability to safely operate a motor vehicle. A copy of the form is available on the Department’s website. Mental disorders may include:

(a) Acute and/or chronic psychotic reaction;

(b) Personality disorders that manifest violent or aggressive behavior;

(c) Other serious mental disorders that interfere with judgment or reaction time.

History

• 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. History–New 7-5-81, Amended 6-27-82, Formerly 15A-5.10, Amended 7-31-18.

Fla. Admin. Code R. 15A-5.011 Vision Standards

(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.

History

• 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. History–New 7-5-81, Formerly 15A-5.11, Amended 8-15-16, 7-31-18.

Fla. Admin. Code R. 15A-5.012 Drug Addiction and Alcoholism

(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.

History

• 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. History–New 7-31-18.

Chapter 15A-6 ADMINISTRATIVE SUSPENSION REVIEW HEARINGS

Fla. Admin. Code R. 15A-6.001 Purpose

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.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 7-3-97.

Fla. Admin. Code R. 15A-6.002 Definitions

(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.

History

• 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. History–New 10-1-90, Amended 10-7-91.

Fla. Admin. Code R. 15A-6.003 Filing

(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.

(3) Any document received by the office of the clerk after 6:00 p.m. shall be filed as of the next business day.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 1-2-96.

Fla. Admin. Code R. 15A-6.004 Computation of Time

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.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 10-7-91.

Fla. Admin. Code R. 15A-6.005 Notice of Suspension/Disqualification

(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.

(2) The issuance of a notice of suspension, HSMV Form 78103, pursuant to Section 322.2616, F.S., will inform the driver of the following:

(a) The suspension of the driving privilege upon the date of issuance of the notice for an alcohol level of .02 or higher or for refusal to submit to a breath test.

(b) The issuance of a 10 day temporary driving permit commencing upon 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.

(3) If the notice of suspension/disqualification has been mailed by the division, the suspension or disqualification shall be effective 20 days from the date of issuance of the notice. The provisions of Rule 15A-6.004, F.A.C., shall not apply to this subsection. For the purpose of this rule, the date of mailing shall be deemed the date of issuance of the notice. The notice of suspension/disqualification issued by the division, HSMV Form 78031, shall 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 percent or higher or the driver refused to submit to a breath, urine or blood test, shall be effective 20 days from the date of the notice.

(b) The driver’s right to request a formal or informal review, and the procedures to be followed in obtaining a formal or informal review.

(c) The issues to be considered by the division in a formal or informal review.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.251, 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History‒New 10-1-90, Amended 10-17-90, 10-7-91, 1-12-94, 1-2-96, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.006 Request for Review

(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.

(3) Any request for a formal or informal review must be postmarked or filed with the clerk of the appropriate division office within ten (10) days following the date of the issuance of the notice of suspension/disqualification.

(4) If the notice of suspension/disqualification has been mailed by the Division, the date of mailing shall be deemed the date of issuance of the notice for the purpose of this rule. To obtain a review, the driver must request a formal or informal review pursuant to subsection (3) within 10 days from the date of issuance of the notice.

(5) No later than 10 days after filing the request, the driver may submit a motion to change a request for formal review to a request for informal review or a request for informal review to a request for formal review.

(6) If the driver withdraws a request for review, no review of the suspension will be conducted.

(7) If no review is timely requested, or the driver withdraws the request for review, the suspension shall become final as of the date of issuance of the notice of suspension.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.251, 322.64(12) FS. Law Implemented 322.2615(1), 322.2616, 322.64(1) FS. History–New 10-1-90, Amended 10-17-90, 10-7-91, 1-2-96, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.007 Appearances

(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.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 1-2-96.

Fla. Admin. Code R. 15A-6.008 Recusal

(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.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 1-2-96.

Fla. Admin. Code R. 15A-6.009 Location of Hearings

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.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(6), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 1-2-96, 7-3-97, 3-11-07, 4-7-13.

Fla. Admin. Code R. 15A-6.010 Motions

(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.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 1-12-94, 1-2-96.

Fla. Admin. Code R. 15A-6.011 Notice of Hearing; Prehearing Order

(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.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.271, 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 10-17-90, 1-2-96, 3-11-07.

Fla. Admin. Code R. 15A-6.012 Subpoenas

(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.

(2) A driver who requests subpoenas to be issued is responsible for the service of such subpoenas and payment of any costs and fees. Service of witness subpoenas and compensation of witnesses shall be in the manner provided for service of witness subpoenas pursuant to Sections 48.031, 92.141 and 92.142, F.S.

(3) Service of a witness subpoena upon a law enforcement officer or upon any federal, state or municipal employee called to testify in an official capacity may be made as provided in Section 48.031(1), F.S., or by delivery to a designated supervisory or administrative employee at the witness’ place of employment if the agency head or highest ranking official at the witness’ place of employment has designated such employee to accept such service. However, no such designated employee is required to accept such service:

(a) For a witness who is no longer employed by the agency at that place of employment;

(b) If the witness is not scheduled to work prior to the date the witness is required to appear; or

(c) If the appearance date is less than seven (7) days from the date of service.

The agency head or highest ranking official at the witness’ place of employment may determine the days of the week and the hours that service may be made at the witness’ place of employment.

(4) Proof of service of a subpoena must include the date and time of service, the name of the person served, a certification of service by the person who served the subpoena, proof of payment of witness compensation pursuant to Chapter 92, F.S., and a certification of written notice to the assistant state attorney.

(5) If a driver requests a subpoena to be issued, the driver shall provide written notice prior to service of the subpoena to the assistant state attorney who is representing the State of Florida in any related criminal action concerning a violation of Section 316.193, F.S. If no assistant state attorney has been assigned to the criminal case, or there is no related criminal case, notice shall be given to the appropriate office of the state attorney in the circuit where the subpoena was issued. The division shall provide such notice if the division, rather than the driver, requests the subpoena. For the purpose of this subsection, written notice shall include a copy of the issued subpoena.

(6) A hearing officer is authorized to amend or strike a request for subpoena or subpoena duces tecum which does not comply with the provisions of this rule.

(7) A hearing officer is authorized to quash a subpoena or subpoena duces tecum prior to or at the review.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 1-2-96, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.013 Formal Review; Introduction of Evidence; Order

(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.

(2) The hearing officer may consider any report or photocopies of such report submitted by a law enforcement officer, correctional officer or law enforcement or correctional agency relating to the suspension of the driver, the administration or analysis of a breath or blood test, the maintenance of a breath testing instrument, or a refusal to submit to a breath, blood, or urine test, which has been filed prior to or at the review. Any such reports submitted to the hearing officer shall be in the record for consideration by the hearing officer.

No extrinsic evidence of authenticity as a condition precedent to admissibility is required.

(3) To be considered as evidence, any relevant document which is not self authenticating as provided by subsection (2) may be introduced into evidence at the formal review if it has been properly authenticated by a witness or under a statute permitting its introduction by another method of authentication.

(4) Oral evidence shall be taken only on oath or affirmation.

(5) The driver shall have the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver.

(6) Any relevant evidence shall be admitted, provided that it is timely filed as provided in this rule. Relevant evidence is defined as evidence which tends to prove or disprove a material fact.

(7) The hearing officer shall determine whether the suspension or disqualification is supported by a preponderance of the evidence.

(a) The scope of the review shall be limited to the issues delineated in Section 322.2615(7), 322.2616(8) or 322.64(7), F.S.

(b) The hearing officer shall restrict the course of the hearing and the evidence to the issues of fact and law raised in the notice of hearing or in any prehearing statement filed by the driver in response to the prehearing order issued pursuant to Rule 15A-6.011, F.A.C.

(c) The hearing officer is the sole decision maker as to the weight, relevance and credibility of any evidence presented.

(8) The testimony of any witness shall be under oath.

(9) The hearing officer may question any witness.

(10) The hearing officer, upon request at the hearing, may provide a reasonable time for a closing statement by the driver at the end of the hearing.

(11) 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 the division shall transmit a copy of the order to the driver no later than seven (7) working days from the close of the hearing, unless waived by the driver.

(12) The date of rendition of a final order shall be the date of mailing entered on the driver license record.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-17-90, 10-7-91, 1-12-94, 1-2-96, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.014 Preservation of Testimony

(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.

History

• Rulemaking Authority 322.2615(12), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 3-11-07.

Fla. Admin. Code R. 15A-6.015 Failure to Appear

(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.

(3) This rule shall not apply to the nonappearance of a driver who is represented at a formal review by an attorney.

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-7-91, 2-21-93, 1-12-94, 1-2-96, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.016 Hearing Decorum; Disruption of Hearing

History

• Rulemaking Authority 322.2615(12), 322.02(3) FS. Law Implemented 322.2615 FS. History–New 10-1-90, Repealed 10-7-91.

Fla. Admin. Code R. 15A-6.017 Motion for Reconsideration

History

• Rulemaking Authority 322.2615(12), 322.02(3), 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History–New 10-1-90, Repealed 10-7-91.

Fla. Admin. Code R. 15A-6.018 Informal Review

(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.

History

• 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. History–New 10-1-90, Amended 10-17-90, 10-7-91, 1-2-96, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.019 Judicial Review

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.

History

• 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. History–New 10-1-90, Amended 10-7-91, 7-3-97, 3-11-07.

Fla. Admin. Code R. 15A-6.020 Forms

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).

History

• Rulemaking Authority 322.2615(12), 322.2616(13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS. History–New 10-1-90, Amended 10-17-90, 10-7-91, 7-6-92, 1-12-94, 7-3-97, 3-11-07.

Chapter 15A-7 COMMERCIAL DRIVER's LICENSE

Fla. Admin. Code R. 15A-7.001 Definitions

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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.01, 322.51-.66 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.002 Purpose

The purpose of these rules is to establish uniform procedures for the orderly administration of commercial driver’s license skills and knowledge tests.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.51-.66 FS. History–New 4-7-91, Repromulgated 2-26-09.

Fla. Admin. Code R. 15A-7.0025 Application

These rules are applicable to all applicants for a Florida commercial driver’s license.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.08, 322.51-.66 FS. History–New 4-7-91, Repromulgated 2-26-09.

Fla. Admin. Code R. 15A-7.003 CDL Endorsements

(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.

(2) If a driver’s towing operations are restricted to emergency “first moves” from the site of a malfunction or traffic crash to the nearest appropriate repair facility, then no CDL endorsement of any kind is required.

(3) If a driver’s towing operations include any “subsequent moves” from one repair or disposal facility to another, then endorsements requisite to the vehicles being towed are required. Exception: Tow truck operators need not obtain a passenger endorsement.

(4) No person shall operate upon the highways of this state any commercial motor vehicle which requires a specific endorsement unless such person possesses a valid commercial driver’s license with such endorsement.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 316.003(71), 322.01(17), 322.14(1)(b), 322.121(7), (8), 322.21(1)(e), 322.57 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.004 CDL Restrictions

(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.

(2) No person possessing a restricted commercial driver’s license shall operate upon the highways of this state any commercial motor vehicle to which such restriction is applicable.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.16, 322.54(2)(c), 322.57(2) FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.005 Temporary CDL Instructional Permit

(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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.01(32), 322.05(4), 322.07(3) FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.006 Application; Operation in Interstate or Foreign Commerce; Certification Required; Medical Examination Required

(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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 316.302(1), 322.01(24), 322.07(3), 322.08(4), 322.59 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.007 Application; Intrastate Operation; Certification; Exceptions

(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.

History

• 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. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.008 Combination Vehicle Testing and Licensing

(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.”

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.12(4), 322.57 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.009 Issuance of Commercial Driver’s License; Department; Duties

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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.65 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.010 Issuance of License; Department to Check Commercial Driver’s License Information System

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).

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.65 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.011 Administration of Commercial Driver’s License Knowledge Tests

(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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.12(4), 322.57 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.012 Commercial Driver’s License Skills Tests

(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.

(2) A driver applicant shall demonstrate skills with respect to inspection and operation of air brakes, if the vehicle is equipped with air brakes.

(3) A skills test applicant shall provide an appropriate vehicle for the skills test.

(a) The vehicle used for the skills test must be unloaded, except tow trucks may have a vehicle in tow and the towed vehicle must be unloaded.

(b) The vehicle used for the skills test must have a valid registration and proof of insurance, unless exempt from providing proof under current law.

(c) The vehicle cannot be laden with placarded hazardous materials.

(d) Motor vehicles provided must have a stationary seat to the right of the driver for use by the examiner who administers the test.

(4) An appointment is required for the CDL skills test.

(5) To achieve a passing score on the skills test, the driver applicant must demonstrate that he/she can successfully perform all of the skills listed in Title 49 Code of Federal Regulations 383.113, incorporated herein by reference, and available on the web at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07274 (10-1-96 Edition).

(6) If the driver applicant does not obey traffic laws, commits a dangerous act, or causes a traffic crash during the test, he or she shall automatically fail the test.

(7) The required tests in this rule shall be conducted in on-street conditions or under a combination of on-street and off-street conditions.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.12(4), 322.57 FS. History–New 4-7-91, Amended 2-26-09, 8-15-16.

Fla. Admin. Code R. 15A-7.013 Appropriate Motor Vehicle

(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.

(3) Class B Commercial Driver’s License Skills Test.

(a) The applicant shall provide any single motor vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

(b) If the motor vehicle is not a passenger transport single unit vehicle (bus) designed to transport 16 or more passengers, including the driver, the department may not endorse the applicant’s license for a passenger endorsement vehicle in that class of vehicle.

Note: Federal regulations require all drivers operating a school bus be licensed with a Commercial Driver License having both the passenger endorsement and school bus endorsement.

(4) Class C Commercial Driver’s License Skills Test. The department may permit an appropriate noncommercial motor vehicle to be used in the skills testing of an applicant for a commercial driver’s license in this class.

(5) Vehicles used for skills testing to obtain a school bus endorsement must be identified as a School Bus on the federal certification plate and be equipped, at a minimum, with a stop arm, emergency exit, front and rear red flashing loading lights, front corner mounted student mirror, right and left exterior rear view mirrors, interior student mirror, and emergency flares or triangle reflectors.

(6) If the vehicle used for testing is equipped with an automatic transmission, the applicant will have an automatic transmission restriction applied to the license.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.12(4) FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.014 Commercial Driver’s License Document; Requirements; Class; Security Features

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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.08, 322.14 FS. History–New 4-7-91, Repromulgated 2-26-09.

Fla. Admin. Code R. 15A-7.015 Commercial Driver’s License for Hardship Purposes Only

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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.271 FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.016 Persons Exempt From Requirements of Commercial Driver’s License Program; Noncommercial Driver’s License Endorsement

(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.

(b) Military personnel driving military vehicles. This exemption applies to any active duty military personnel, and members of the reserves and national guard on active duty including personnel on full time national guard duty, personnel on part-time training and national guard military technicians (civilians who are required to wear military uniforms and are subject to the code of military justice);

(c) Drivers of authorized emergency vehicles as defined in Section 322.01(4), F.S. This exemption applies to drivers who operate emergency or fire equipment which is necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and are not subject to normal traffic regulations. These vehicles are equipped with audible and visual signals and are operated by a person in the employ of a volunteer or paid fire organization. Emergency equipment such as a fire truck, hook and ladder truck, foam or water transporter or other vehicles used only in response to emergencies are included;

(d) Drivers of recreational vehicles, as defined in Section 320.01, F.S. This exemption applies to drivers of recreational vehicles operated solely as a family/personal conveyance for recreational purposes;

(e) Drivers of straight trucks that are exclusively transporting their own tangible personal property which is not for sale.

(2) “Operated by a farmer” in subsection (1) above can include employees or family members of the farmer, as long as the vehicle is controlled by the farmer and conditions subparagraphs 2. through 4. are met, but not employees whose primary purpose of employment is the operation of motor vehicles.

History

• Rulemaking Authority 322.02(6), 322.53(5) FS. Law Implemented 322.01(18), 322.53(2), (4) FS. History–New 4-7-91, Amended 2-26-09.

Fla. Admin. Code R. 15A-7.017 Hazmat Endorsement Threat Assessment Program

(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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.18(2)(e), 322.21(1)(h) FS. History–New 2-26-09.

Fla. Admin. Code R. 15A-7.018 Military Qualifications for Waiver of Commercial Driver License Skills Test

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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.12 FS. History–New 2-26-09.

Fla. Admin. Code R. 15A-7.019 Third Party Testing Program

(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.

History

• Rulemaking Authority 322.02(6) FS. Law Implemented 322.56 FS. History–New 2-26-09.

Chapter 15A-8 DRIVER IMPROVEMENT SCHOOLS

Fla. Admin. Code R. 15A-8.001 Purpose

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.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 5-7-96.

Fla. Admin. Code R. 15A-8.002 Definitions

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.

(7) Driver Improvement School – An authorized person, firm, partnership, association, corporation, public school system, public community college or public university which conducts Department approved Basic Driver Improvement, Advanced Driver Improvement, or Traffic Law and Substance Abuse Education courses in the State of Florida.

(8) Elective Student – A person who attends a Basic Driver Improvement course pursuant to Section 318.14(9), F.S.

(9) New Driver Improvement Course – An unapproved Driver Improvement Course without prior effectiveness data from any jurisdiction.

(10) Person – Every natural person, firm, partnership, association, corporation, public school system, public community college or public university.

(11) Provisional Approval – Approval granted by the Department to a driver improvement course in order to conduct the effectiveness study required by Section 318.1451(5), F.S.

(12) Revocation – The permanent withdrawal of Department approval of a driver improvement course for use in the State of Florida.

(13) Senior Citizen Discount Insurance Course – A curriculum designed for drivers pursuant to Section 627.0652, F.S.

(14) Student – Any person who enrolls in a driver improvement course.

(15) Suspension – The temporary or conditional withdrawal of Department approval of a driver improvement course for use in the State of Florida.

(16) Applicable – Directly or indirectly affects the conduct of the effectiveness or orderly implementation of a driver improvement course in the State of Florida.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 5-7-96.

Fla. Admin. Code R. 15A-8.003 Driver Improvement School Requirements

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 12-14-93, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.004 Certificate of Approval: Requirements and Limitations

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 12-14-93, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.005 Certificate of Approval: Business and Instruction Facilities

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 12-14-93, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.006 Course Approval

(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.

(2) Approval of a BDI course shall be based on Department review of the course materials, independent scientific research evidence of course effectiveness in reducing moving traffic violations or collision recidivism, monitoring of course presentation by the Department and effective oversight of the course by the course provider in the State of Florida. The Department shall identify the areas or locations from which the required data will be provided for the course review and study. The course review and study will be based on the following:

(a) The course provides effective instruction in the following five (5) topics:

1. The concept of collision preventability, including a discussion of the magnitude of traffic collision problems,

2. Crash Avoidance Driving Techniques,

3. Alcohol and drug use as a collision factor,

4. The risk factor involved in driver attitude and in irresponsible driver behaviors, such as speeding, reckless driving, running red lights and stop signs, etc., and

5. The major traffic laws of the State of Florida.

(b) The course is conducted with a minimum of four (4) hours devoted to course content minus a maximum of thirty (30) minutes allotted for breaks.

(c) The students are motivated to participate freely in the learning process.

(d) The instructional methods used to teach the course vary and are recognized as effective by existing educational authorities.

(e) Positive student reaction to the course.

(f) Results of the effectiveness study as described in forms HSMV 72908 and HSMV 72909. The course provider may re-submit the course for approval no earlier than six (6) months after conclusion of the effectiveness study by identifying and correcting all course deficiencies which contributed to the ineffective results.

(3) A course provider seeking approval of a BDI course shall submit to the Department the information, documents and independent scientific research evidence of course effectiveness stated in the Basic Driver Improvement Course Approval Form “B,” form HSMV 72909, in order to obtain provisional approval.

(a) Provisionally approved courses shall conduct a pilot test consisting of a minimum of 1,000 randomly selected students, including court-referred and elective students as described in form HSMV 72909.

(b) New basic driver improvement courses which are provisionally approved for pilot testing after July 1, 1994, shall be limited to the Judicial Circuit originally approved for pilot testing, until the course is fully approved by the Department.

(c) The pilot test will be conducted only after joint consultation with the Chief Judge of the Judicial Circuit in which the course owner is applying for approval.

(4) The following BDI courses are provisionally approved until the Department determines their effectiveness on crash or violation rates and grants or denies full approval:

(a) Advanced Driving Skills Institute and Traffic Safety Matrix Course;

(b) National Safety Council’s Defensive Driving Course;

(c) National Traffic Safety Institute’s Traffic Offender Course;

(d) Driver Training Associates’ Program for Driver Improvement; and,

(e) Driving and Personal Responsibility for Traffic Safety for Teens.

(f) The providers of the above courses must submit to the Department, the information, documents and scientific research evidence of course effectiveness stated in the Basic Driver Improvement Course Approval Form “A,” for HSMV 72908, to become fully approved. The providers of all subsequently provisionally approved courses must submit to the Department the information, documents and scientific research evidence of course effectiveness stated in the Basic Driver Improvement Approval Form “A,” form HSMV 72908, to become fully approved. If the proper information, documents and scientific research evidence of course effectiveness of any provisionally approved course is not submitted to the Department within the allotted time frame, the course will no longer be approved for use in Florida until such time as the missing information, documents or scientific research evidence is received and approved by the Department.

(5) Approval of an ADI course shall be based on Department review of the course materials, independent scientific research evidence of course effectiveness in reducing moving traffic violations, point suspensions and collision recidivism, monitoring of course presentation by the Department and effective oversight of the course by the course provider in the State of Florida. The Department shall identify the areas or locations from which the required data will be provided for the course review and evaluation. The course review and evaluation will be based on the following:

(a) The course provides effective instruction focused on helping the students reach the following objectives:

1. Identify the major problem(s) they have created for themselves as a result of their driving behavior.

2. Identify the driving habits that have caused them problems.

3. Develop the desire to change those driving habits that are causing them problems.

4. Learn an effective system for changing their troublesome driving habits based on an increased understanding and awareness of emotions, attitudes and personality structure and how these affect driving habits.

5. Application of changes in driver behavior and attitude to simulated and real driving situations.

6. Make a firm commitment to continuously apply the change system moment by moment while driving.

(b) The course is conducted in a minimum of twelve (12) hours devoted to course content with a maximum of ninety (90) minutes allotted for breaks.

(c) The students are able to participate freely in the learning process.

(d) The instructional methods used to teach the course vary and are recognized as effective by existing educational authorities.

(e) Positive student reaction to the course.

(f) The course meets or exceeds effectiveness levels of other ADI courses approved for use in the State of Florida.

(6) A course provider seeking approval of an ADI course shall submit to the Department the information documents and independent scientific research evidence of course effectiveness stated in the Advanced Driver Improvement Form, HSMV 72946.

(a) New ADI courses provisionally approved for pilot testing shall be limited to the Judicial Circuit originally approved for pilot testing until the course is fully approved by the Department.

(b) Provisionally approved courses shall conduct a pilot test which shall comply with the procedures and required data as described in form HSMV 72946.

(c) The pilot test will be conducted only after joint consultation with the Chief Judge of the Judicial Circuit in which the course owner is applying for approval.

(7) Any provider of any unapproved Senior Citizen Discount Insurance (SCDI) course seeking approval shall comply with the provisions as listed in Section 627.0652, F.S., and the requirements set forth in the Senior Citizen Discount Insurance Course Minimum Standards as follows:

(a) The curriculum shall be specific to the driving conditions and laws of the State of Florida.

(b) The curriculum content and the activities of the course shall reflect its capability to prevent crashes by persons age 55 or older.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 5-7-96.

Fla. Admin. Code R. 15A-8.0061 Traffic Law and Substance Abuse Education Course

(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.

(b) The course is conducted with a minimum of four (4) hours devoted to course content minus a maximum of thirty (30) minutes allotted for breaks.

(c) The students are motivated to participate freely in the learning process.

(d) The instructional methods used to teach the course vary and are recognized as effective by existing educational authorities.

(e) Positive student reaction to the course.

(3) Course Conduct.

(a) 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 to the Clerk of Court in each Judicial Circuit in which the school operates. Each course provider shall submit to the Department a copy of all such certificates within ten (10) days of issuance.

(b) 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.

(c) The course provider shall require all instructors who teach its course to complete the In-Service Instructor Training Program as specified in form HSMV 72983 or in a Curriculum Licensing Agreement and shall submit to the Department a completed form HSMV 72966 once each calendar year for each instructor teaching its course.

(d) The course provider shall ensure that each driver improvement school conducting its course shall comply with the assessment fee collection required by Section 322.095, F.S., and the reporting procedures in Chapter 15A-8, F.A.C.

(e) The course provider shall ensure that each person who successfully completed a Traffic Law and Substance Abuse Education course is issued at the time of completion a fully executed certificate of course completion. The certificate must include:

1. The name of the student.

2. The date of birth of the student.

3. The course completion certificate number assigned by the Department.

4. The date that the student completed the course.

5. The name of the driver improvement course.

6. The name of the driver improvement school conducting the course.

(f) The course provider shall ensure that any student who is unable to attend or complete a course due to action, error or omission on the part of the course provider or driver improvement school conducting its course, shall be accommodated to permit completion of the course at no additional cost.

(g) The course provider shall submit to the Department written notice of any authorization for a driver improvement school to conduct its course in the State.

1. The course provider shall also submit written notice to the Department within ten (10) days of authorizing a new driver improvement school or terminating any existing authorization.

2. The course provider shall submit to the Department on a quarterly basis a list of all driver improvement schools conducting its course in the State. The list must contain the following current information:

a. Driver improvement school name.

b. Driver improvement school address.

c. Driver improvement school telephone number.

d. Date that the driver improvement school was authorized to conduct the course in the State of Florida.

e. Names of the Florida counties served by the driver improvement school.

(4) Assessment Fees Collection and Reporting.

(a) In addition to enrollment fees, an assessment fee in the amount of $3.00 (three dollars) shall be collected from each student who completes the Traffic Law and Substance Abuse Education course.

(b) Each student shall be provided with a receipt which reflects that the $3.00 assessment fee was collected.

(c) The course provider shall submit on or before May 1 of each calendar year an annual report consisting of a fully completed form HSMV 72958, for each driver improvement school conducting its course.

(5) Course Completion Certificates.

(a) 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.

(b) The course provider shall ensure that each person who successfully completes the course is issued a completion certificate with the Department assigned course completion number prominently pre-printed on its face.

(c) 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.

(d) 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.

(e) The quarterly report must be submitted in a DOS format acceptable to the Department, ASCI II, no later than the 30th day of the month following the end of each calendar year quarter.

(f) The report must include the following information about each student who receives a certificate:

1. The name of the student.

2. The date of birth of the student.

3. The course completion certificate number assigned by the Department.

4. The date of course completion by the student.

(g) The course provider shall ensure that a duplicate certificate of course completion shall be issued upon request to a person who successfully completes the course.

(h) The course provider shall ensure that no person is issued a certificate of course completion or duplicate certificate unless that person has successfully completed the course.

(6) Student Records.

(a) The 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.

(b) The course provider shall require that 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.

(c) 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.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 5-7-96.

Fla. Admin. Code R. 15A-8.007 Course Conduct ‒ BDI and ADI Courses

(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.

(7) The course provider shall ensure that any student who is unable to attend or complete a course due to action, error or omission on the part of the course provider or driver improvement school conducting its course, shall be accommodated to permit completion of the course at no additional cost.

(8) The course provider shall submit to the Department written notice of any authorization for a driver improvement school to conduct its course in the State.

(a) The course provider shall also submit written notice to the Department within ten (10) days of authorizing a new driver improvement school or terminating any existing authorization.

(b) The course provider shall submit to the Department on a quarterly basis a list of all driver improvement schools conducting its course in the State. The list must contain the following current information:

1. Driver improvement school name.

2. Driver improvement school address.

3. Driver improvement school telephone number.

4. Date that the driver improvement school was authorized to conduct the course in the State of Florida.

5. Names of the Florida counties served by the driver improvement school.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 5-7-96.

Fla. Admin. Code R. 15A-8.008 Assessment Fees Collection and Reporting ‒ BDI and ADI Courses

(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.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 10-12-92, 12-14-93, 5-7-96.

Fla. Admin. Code R. 15A-8.0081 Course Completion Certificates ‒ BDI and ADI Courses

(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.

(7) The course provider shall ensure that a duplicate certificate of course completion shall be issued upon request to a person who successfully completes the course.

(8) The course provider shall ensure that no person is issued a certificate of course completion or duplicate certificate unless that person has successfully completed the course.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 5-7-96.

Fla. Admin. Code R. 15A-8.009 Student Records ‒ BDI and ADI Courses

(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.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 5-7-96.

Fla. Admin. Code R. 15A-8.0091 Course Completion ‒ BDI and ADI Courses

(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.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 5-7-96.

Fla. Admin. Code R. 15A-8.0092 Denial, Suspension or Revocation of Course Approval

(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.

(2) The following shall subject a course provider to suspension of approval of its driver improvement course:

(a) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law.

(b) Failure to satisfy the effectiveness criteria as outlined in forms HSMV 72908, HSMV 72909, HSMV 72946 or HSMV 72983.

(c) Any violation of Chapter 15A-8, F.A.C.

(3) The following shall subject a course provider to revocation of approval of its driver improvement course:

(a) Any violation of Section 318.1451 or 322.095, F.S., or any other applicable state or federal law.

(b) Failure to satisfy the effectiveness criteria as outlined in forms HSMV 72908, HSMV 72909, HSMV 72946 or HSMV 72983.

(c) Any violation of Chapter 15A-8, F.A.C.

(d) Any second or subsequent suspension of course approval.

(e) Obtaining course approval by fraud or misrepresentation.

(f) Obtaining or assisting a person to obtain any driver license by fraud or misrepresentation.

(g) Conducting a driver improvement course in the State of Florida while approval of such course is under suspension.

(4) The Department shall summarily suspend approval of any driver improvement course without preliminary hearing for the purpose of protecting the public safety and enforcing any provision of the Florida Statutes governing driver improvement courses, or any provision of Chapter 15A-8, F.A.C.

(5) Except as otherwise provided in this rule, prior to final Department action denying, suspending or revoking approval of a driver improvement course, the course provider shall have the opportunity to request either a formal or informal administrative hearing to show cause why the action should not be taken.

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 5-7-96.

Fla. Admin. Code R. 15A-8.010 School Enrollment Forms: Contents

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 12-14-93, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.011 Course Attendance Control

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 12-14-93, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.012 Instructor Certificates; Control

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.013 Soliciting and Advertising

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 12-14-93, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.014 Annual Report

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.015 Audit Requirements

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 10-12-92, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.016 Suspension or De-Certification of School Approval or Instructor Certification

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 10-12-92, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.017 Complaints

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Repealed 5-7-96.

Fla. Admin. Code R. 15A-8.018 Forms

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).

History

• Rulemaking Authority 322.02(4) FS. Law Implemented 318.1451 FS. History–New 12-24-91, Amended 10-12-92, 12-14-93, 5-7-96.

Chapter 15A-9 BREATH ALCOHOL IGNITION INTERLOCK DEVICES

Fla. Admin. Code R. 15A-9.001 Authority

This chapter is promulgated pursuant to Sections 316.193, 316.1937, 316.1938, 322.16 and 322.2715, F.S.

History

• 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. History–New 10-12-92, Amended 1-20-04, 3-22-07.

Fla. Admin. Code R. 15A-9.002 Purpose

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.

History

• 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. History–New 10-12-92, Amended 1-20-04, 3-22-07.

Fla. Admin. Code R. 15A-9.003 Definitions

(1) Alcohol. Any substance containing any form of alcohol as defined in Section 322.01(2), F.S.

(2) Breath alcohol concentration (BrAC). The number of grams of alcohol per 210 liters of breath as defined in Section 322.01(3)(b), F.S.

(3) Breath sample. The volume of breath to be exhaled by the convicted person for the accurate operation of the Ignition Interlock Device. This will be 1.5 liters of breath volume per blow into the device.

(4) Breath test. An analysis of the breath alcohol concentration of a deep lung breath sample.

(5) Calibration. The process which ensures an accurate alcohol concentration reading on an ignition interlock device.

(6) Certification. The testing and approval process required by the Department of Highway Safety and Motor Vehicles.

(7) Convicted person. The person required by the court or the department to drive only motor vehicles that have certified ignition interlock devices installed.

(8) Deep lung breath sample. Also called “alveolar breath sample.” An air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of alcohol concentration from which breath alcohol concentrations can be determined. “Alveolar” refers to the aveoli, which are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration.

(9) Department. The Department of Highway Safety and Motor Vehicles.

(10) Device. A breath alcohol ignition interlock device.

(11) Emergency bypass. A one-time event, authorized by a service provider, that permits the ignition interlock device-equipped motor vehicle to be started without the requirement of passing the breath test.

(12) Fail point. A preset or predetermined breath alcohol level, defined in Section 316.1937, F.S.

(13) Free restart. The ability to start the engine again within three (3) minutes without completion of another breath test, when the condition exists where a breath test is successfully completed and the motor vehicle is started, but then the engine stops for any reason (including stalling).

(14) Ignition interlock device. A breath alcohol analyzer connected to a motor vehicle’s ignition. In order to start the motor vehicle engine, a convicted person must blow a deep lung breath sample into the analyzer, which measures the breath alcohol concentration. If the breath alcohol concentration exceeds the fail point on the ignition interlock device, the motor vehicle engine will not start.

(15) Lockout. The ability of the ignition interlock device to prevent a motor vehicle’s engine from starting.

(16) Manufacturer. The actual producer of the ignition interlock device who assembles the product and who may provide distribution and services.

(17) Motor vehicle. Any self-propelled motor vehicle not operated upon rails or guideway, but not including any motorcycle, bicycle, motorized scooter, electric personal assistive mobility device, or moped.

(18) Permanent lockout. A feature of the ignition interlock device in which a motor vehicle will not start until the ignition interlock device is reset by a service provider.

(19) Retest. An additional chance to provide a deep lung breath sample below the alcohol fail point.

(20) Rolling retest. Additional deep lung breath samples required while the motor vehicle is in operation.

(21) Service provider. The retail supplier of the approved ignition interlock devices.

(22) Tampering. An unlawful act or attempt to disable or circumvent the legal operation of the ignition interlock device.

(23) Temporary lockout. A feature of the ignition interlock device which will not allow the motor vehicle to start for time periods specified in Rule 15A-9.005, F.A.C., after a breath test result indicating a BrAC above the fail point.

(24) Violation. An event, such as two (2) breath tests above the fail point upon initial startup, a refusal to provide a rolling retest deep lung breath sample, a rolling retest above the fail point, or tampering, which breaches the guidelines for use of the ignition interlock device.

(25) Violation reset. A feature of the ignition interlock device in which a service reminder is activated due to a violation.

History

• 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. History–New 10-12-92, Amended 1-20-04, 3-22-07.

Fla. Admin. Code R. 15A-9.004 When Ignition Interlock Devices Are Required

(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.

History

• 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. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.0041 Medical Considerations

(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.

History

• Rulemaking Authority 316.193, 316.1937, 316.1938, 322.271, 322.16, 322.2715 FS., Federal Register Vol. 57, No. 67, pages 11772-11787 Law Implemented 316.193, 316.1937, 316.1938, 322.16, 322.271, 322.2715 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. History–New 3-22-07.

Fla. Admin. Code R. 15A-9.005 Specifications

(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.

(5) A rolling retest feature is required for all ignition interlock devices.

(a) An ignition interlock device shall require a rolling retest within the first five (5) minutes after the start of the motor vehicle and randomly thereafter at least once every 45 minutes but no more than once every 15 minutes as long as the motor vehicle is in operation.

(b) A free restart shall not apply if the ignition interlock device was awaiting a rolling retest that was not delivered.

(c) Any deep lung breath sample above the fail point or any failure to provide a rolling retest deep lung breath sample shall activate the motor vehicle’s horn and cause the motor vehicle’s emergency lights to flash until the engine is shut off by the convicted person.

(d) The first breath test above the fail point shall result in a five (5) minute temporary lockout.

(e) The second breath test above the fail point is a violation and shall result in a 30-minute temporary lockout.

(f) 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.

(g) If the ignition interlock device is not reset within five (5) days, a permanent lockout will occur.

(6) In the case of an emergency bypass, the ignition interlock device must record the event. The ignition interlock device must be reset by a service provider within five (5) days of the emergency bypass to avoid a permanent lockout.

History

• 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. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.006 Procedure for Ignition Interlock Device Approval

(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.

History

• 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. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.007 Certification

(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.

History

• 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. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.008 Installation and De-installation

(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.

(5) No later than the first service appointment, the convicted person must provide to the service provider a statement from each licensed driver living at the same address as the convicted person acknowledging their understanding of the requirements of the use of the ignition interlock device.

History

• 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. History–New 10-12-92, 1-20-04.

Fla. Admin. Code R. 15A-9.009 Servicing

(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.

(3) All malfunctions of the ignition interlock device will be repaired or the ignition interlock device replaced by the service provider within 48 hours.

(4) A service provider will be available at the service center during specified hours, to answer questions and to deal with any mechanical concerns that may arise with a vehicle as a result of the ignition interlock device.

(5) The ignition interlock device shall record, at a minimum, the following data:

(a) The time and date of each failed breath test;

(b) The time and date of each passed breath test;

(c) The breath alcohol level of each test; and,

(d) The time and date of any attempt to tamper or circumvent the ignition interlock device.

(6) The manufacturer or service provider must maintain a toll-free 24-hour emergency phone service that may be used to request assistance in the event of failure of the ignition interlock device or motor vehicle problems related to operation of the ignition interlock device. The assistance provided by the authorized service provider shall include technical information, tow service, or road service. The ignition interlock device shall be made functional within 48 hours of the call for assistance or the ignition interlock device shall be replaced.

History

• Rulemaking Authority 316.193, 316.1937, 316.1938 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 316.193, 316.1937, 316.193, 316.1937, 316.1938 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.010 Monitoring

(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.

(b) Upon the second 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. For the remainder of the convicted person’s ignition interlock requirement, the convicted person must report monthly to the DUI program.

3. The DUI program shall complete the Ignition Interlock Device Interview Report, HSMV 77136 to document the monthly face-to-face interview. The fee for the initial appointment shall be $55 and shall include the development of a case management plan. The monthly fee shall be $25. These are the only fees to be charged for the services, except for department-approved ancillary fees, as provided in Chapter 15A-10, F.A.C.

4. Prior to each monthly appointment, the DUI program shall review the summary report of the ignition interlock device data for the convicted person.

5. There shall be no less than 20 days and no more than 40 days between the convicted person’s appointments with the DUI program.

6. Failure to contact the DUI program within five (5) business days after the missed appointment to reschedule the appointment shall result in notification to the department of failure to comply.

7. If the convicted person misses two consecutive appointments, the DUI program shall recommend cancellation of the license unless the convicted person has good cause for missing the appointment. Good cause is defined as natural disaster, death in the immediate family, or illness documented by the attending physician. The DUI program shall notify the department on the Letter Recommending Cancellation, HSMV Form 77137, referenced in subsection 15A-9.002(2), F.A.C., unless good cause is documented.

History

• Rulemaking Authority 316.193, 316.1937, 316.1938, 322.292 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. Law Implemented 316.193, 316.1937, 316.1938, 322.292 FS., Federal Register Vol. 57, No. 67, pages 11772-11787. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.011 Warning Label

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.

History

• 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. History–New 10-12-92, Amended 1-20-04.

Fla. Admin. Code R. 15A-9.012 Liability

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.

History

• 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. History–New 10-12-92.

Fla. Admin. Code R. 15A-9.013 Auditing of Administrative Offices and Service Providers

The department may conduct on-site audits of administrative offices and service providers to ensure compliance with the contract.

History

• 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. History–New 10-12-92, Amended 1-20-04.

Chapter 15A-10 DUI PROGRAMS

Fla. Admin. Code R. 15A-10.001 Purpose

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.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95.

Fla. Admin. Code R. 15A-10.002 Definitions

For the purposes of this chapter, the following words and phrases, whenever used herein, shall have the meaning as is ascribed to them in this section unless where used in the context thereof shall clearly indicate to the contrary or unless otherwise defined in the section of which they are part.

(1) Administration – a system clearly delineated in a policies and procedures manual for the step by step execution of management procedures which include client files; selection, training, and supervision of personnel; budget preparation and control; financial procedures and records; audits and reporting; and such other matters as may be required by the Department or the Board of Directors for the effective operation of the program.

(2) Advisory Committee – a formally constituted group of individuals that advises a program and its Board of Directors and exists in those instances where the program is a multi-purpose organization within a governmental entity or private non-profit corporation. Such committee shall have a formal mechanism for submitting information recommendations to the Board of Directors and for receiving decisions made by such board.

(3) Alcohol – any substance containing any amount of alcohol in any form including, but not limited to, ethanol, methanol, propanol, and isopropanol. This includes “non-alcoholic” beer or wine.

(4) Applicant – a person seeking admission into Special Supervision Services and whose driving privilege has not been reinstated.

(5) Board of Directors – a formally constituted group of individuals that directs the program, sets policies, and operates under applicable provisions of state and federal laws and regulations through an administrator.

(6) Cash Reserve – a cash reserve may be maintained by the program at a level not to exceed fifty percent of the most recently ended fiscal year’s operational expenses for said program. The cash reserve shall be inclusive of all allowable reserves, such as capital reserve funds and operational reserves. Revenues received in excess of operational expenses may be placed in the cash reserve fund and expended in accordance with Rule 15A-10.0142, F.A.C.

(7) Certified Addiction Professional – an individual who holds such recognition awarded by the Certification Board for Addiction Professionals of Florida.

(8) Certified Criminal Justice Addiction Professional – an individual who holds such recognition awarded by the Certification Board for Addiction Professionals of Florida.

(9) Chemical Testing Fee – the fee charged by the laboratory and any administrative costs incurred by the DUI program when the program is responsible for the collection process. Any fee charged by the DUI program must be based on reasonable and necessary costs and receive prior approval of the Department. If an independent laboratory does both the collection and analysis of the sample, the fee shall be limited to the amount charged by the laboratory.

(10) Client Evaluation Manual – a manual for the execution of psychosocial evaluation procedures including policies, goals, and objectives of the process. The manual shall include step by step procedures for:

(a) The client interview process;

(b) The administration of assessment instruments;

(c) The referral of clients to treatment;

(d) The tracking of clients.

(11) Client File – the complete record concerning a person enrolled in a DUI program.

(12) Curriculum – an extensive written course of study on the problem of drinking and driving and the effects of substance use or abuse. The curriculum shall include, behavioral objectives and a detailed outline of each content area, approved teaching aids, supportive materials and handouts.

(13) Department – the Florida Department of Highway Safety and Motor Vehicles.

(14) Educational Manual – a written operational policy and procedures manual for the provision of educational services. The manual shall contain step by step procedures for:

(a) Enrollment;

(b) The process of certification of instructors;

(c) Instructor responsibilities;

(d) Requirements for course completion;

(e) Curriculum content.

(15) Employment (primary, occasional) – the receipt of monetary compensation for services rendered.

(16) Experience – employment or, unpaid work, if clearly documented. Participation in twelve-step or similar programs is not included. Internships or placement for educational requirements are not considered toward the required experience.

(17) Fund Balance – the accumulated net profit or loss, i.e., net worth, since the inception of the program. It shall include all investments, reserves, building funds, and physical assets.

(18) In-Kind Contributions or Donations – anything received which has a discernible value and is in a form other than case or cash equivalent. This includes contributions or donations of materials, supplies, the rent-free use of space, equipment, buildings, land and similar items for use in the program and which the DUI program would otherwise have to purchase. It also includes the receipt of such items that the program is expected to convert into cash for use in the program. Items should be recorded in the audit at estimated fair market value. The donation of services, e.g., volunteers, is not normally recorded unless it is a major portion of the organization’s activity, there is a clearly measurable basis for the amount, or there are other appropriate reasons, such as for use as matching costs.

(19) Manager – any individual who oversees the day-to-day operation of a program.

(20) Other Revenues – includes investment income, gains from the sale of assets, prior year refunds, etc.

(21) Program Fee – the fee charged by the DUI program for providing education, evaluation, and referral into treatment. This fee, which must be approved by the Department, shall include all reasonable and necessary costs to provide the foregoing services. If a fee is to be routinely required of all clients, the costs for such shall be incorporated into the program fee.

(22) Program License – an executed, completed and properly signed HSMV Form 77034, issued by the Department authorizing a DUI program to operate in the State of Florida.

(23) Residence (permanent, temporary, military) – address appearing on driver’s license or driver history record, or if no such address exists, the county in which the driver was convicted.

(24) Separate Fund – a self-balancing set of accounts recording all DUI program revenue, expenditures, cash or other resources together with all related assets, liabilities, obligations, reserves and equities.

(25) Transfer Fee – the ancillary fee charged a client who enrolled in one program and requests to transfer to another program, either to a Florida licensed program or a similar program in another state or country. Information provided to a client on the appropriate DUI program in their area shall not provide the basis for charging a transfer fee.

(26) Treatment – the clinical care of a client, in accordance with a plan prescribed for that purpose.

(27) Drug – any controlled substance as defined in Chapter 893, F.S., any chemical analogue thereof or alcohol.

(28) Human Services – major or principal focus area of study includes one or more of the following: counseling, counseling and human assistance, psychology, rehabilitation counseling, criminology, criminal justice, marriage and family, substance abuse or social work. A degree in education with a major in counseling and guidance, sociology degree or public administration degree will be accepted if the focus area is on counseling.

(29) Advertisement – any printed, written or electronic communication distributed to the general public by the program which identifies that particular DUI program. This shall not include any factual information provided upon request.

(30) Program – an entity which provides or intends to provide DUI program services and functions in the State of Florida.

(31) Revocation – the permanent invalidation by the Department of any DUI program license or personnel certification.

(32) Suspension – the temporary or conditional invalidation by the Department of any DUI program license or personnel certification.

(33) Business Office – a location where the DUI program conducts related activities, including registration. The location must be staffed by employees of the DUI program in a circuit where it is to operate. Such office must remain accessible Monday through Friday, during regular business hours, 9 a.m. to 4 p.m.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.003 Reciprocity

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.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292(2)(b) FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.004 Application for Licensure to Conduct a Driving Under the Influence Program

(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.

(2) Data to accompany the application where other organizations are already licensed. Applicants must submit to the Department, the completed Application for Licensure as a Driving Under the Influence (DUI) program HSMV Form 77035, and all attached materials requested on the application.

(3) Effective date. Each program’s licensure shall expire three (3) years from the date of issuance unless renewed in a timely manner.

(4) Non-transferability. Any change in the information provided for licensure must be approved by the Department. Program licensure shall not be transferable. The program shall notify the Department at least 90 days prior to the effective date of a proposed change in the program’s corporate structure. The Department shall review the proposed changes and may request additional information from the program.

(5) Program Title:

(a) No program shall use, adopt, or conduct any business under a name that is like or deceptively similar to a name used by another program.

(b) A program shall not use the word “State” in any part of the program name.

(6) A copy of the program’s certificate of occupancy or documentation reflecting compliance with local, state, and federal fire, sanitation and building requirements shall be made available upon request by the Department.

(7) The program shall permit the Department and its representatives upon request to inspect the program, its public facilities, equipment and records that are required by the rules to be maintained in the operation of the program.

(8) The procedure followed for processing the application will be pursuant to Section 120.60(2), F.S.

(9) In considering an application for approval of a DUI program, the Department shall determine whether improvements in service may be derived from the operation of the DUI program and the number of clients currently served in the circuit. The Department shall apply the following criteria:

(a) The increased frequency of classes and availability of locations of services offered by the applicant DUI program.

(b) Services and fees offered by the applicant DUI program and any existing DUI program.

(c) The number of DUI clients currently served and historical trends in the number of clients served in the circuit.

(d) The availability, accessibility, and service history of any existing DUI program services.

(e) The applicant DUI program’s service history.

(f) The availability of resources, including personnel, demonstrated management capability, and capital and operating expenditures of the applicant DUI program.

(g) Improved services to minority and special needs clients.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.005 Licensure: Requirements and Limitations

(1) In addition to its principal business office, each DUI program that is licensed to operate in more than one judicial circuit must maintain a business office in any additional circuit where more than 3,000 DUI convictions were reported in the most recent calendar year. Each DUI program must submit for approval at least one (1) classroom location in each county within the judicial circuit where the program’s Florida principal business office is located as designated on the program license. Programs that applied for licensure by the Department on or before January 1, 1994, shall not be required to locate classrooms in counties where other licensed programs have approved classrooms. After joint consultation between the program, Department, and chief judge of the circuit, the Department may determine that the classroom located in each county of the judicial circuit is not financially feasible, and not required. The determination of financial feasibility shall be based on the cost to the program in establishing and maintaining a classroom in each county of the judicial circuit and the number of clients expected to utilize the classroom(s). The Department will consider offsetting the revenues generated in a more populous county against revenues projected to be generated in a lesser populated county in the circuit. Consideration will be given to the distance between existing DUI programs. The Department will also consider the desires of the chief judge in deciding whether to grant a waiver. Effective October 1, 1994, programs in operation as of January 1, 1994, shall not locate new classrooms in counties served by another existing program until on or after October 1, 1998.

(2) The Department must be notified on Notice of Change Form, HSMV Form 77006, incorporated by reference in Rule 15A-10.043, F.A.C., within ten (10) days of any changes in the information included in the original application for a DUI program license. Such changes shall be deemed approved by the Department unless the DUI program is otherwise notified within 30 days of receipt of HSMV Form 77006 by the DUI Programs Section.

(3) Renewal. Each license must be renewed every three (3) years in the manner prescribed, and on a Driving Under the Influence License Renewal Form, HSMV Form 77036, incorporated by reference in Rule 15A-10.043, F.A.C., provided by the Department.

(a) It shall be the responsibility of the program manager to submit the Driving Under the Influence Licensure Renewal Form, HSMV Form 77036, and all other required items at least thirty (30) days prior to the date of expiration to the Department. Failure to submit the HSMV Form 77036, at least thirty (30) days prior to the expiration of the license will require that the program submit an Application For Licensure As A Driving Under The Influence (DUI) program, HSMV Form 77035, which will be considered under the rules then in force with regard to new applicants.

(b) Any program which allows its program’s license to expire will not be permitted to operate subsequent to the expiration date. A complete application for a new license must be submitted on HSMV Form, 77035 incorporated by reference in Rule 15A-10.043, F.A.C.

(c) Where the program has timely submitted a renewal application, HSMV Form 77036 and prior to final action on the application, the program’s license shall be extended for a period of thirty (30) days by the Department. If the application is denied, an application for a new license may not be submitted for a period of one hundred eighty (180) days.

(4)(a) A business office or classroom of any program must be approved by the Department.

(b) Display. The license must be clearly displayed in a conspicuous location at all times in the program’s Florida principal business office and all branch offices approved by the Department.

(5) No program shall advertise in any manner until such time as the program is properly licensed by the Department.

(6) A program shall not use any name other than its approved name for advertising or publicity purposes, nor shall a program advertise or imply that it is “recommended,” or “endorsed” by the Department.

(7) No program, instructor or employee shall advertise or represent themselves to be an agent or employee of the Department or allow the use of any advertisement which would reasonably have the effect of leading the public to believe that they are or were an employee or representative of the Department.

(8) No program, instructor or employee shall solicit business on the premises rented, leased or owned by the Department including parking lots adjoining driver license examining offices or parking lots used by driver license applicants.

(9) No program shall make a false or misleading claim in any of its advertisements.

(10) Obscene Advertising. No program shall use any form of advertising which is obscene, lewd, or pornographic. Upon a finding by the Department that a program has used any obscene advertising in any medium, the program’s license will be suspended upon a first offense, and a mandatory license revocation for a second offense.

(11) Communications concerning DUI program services must be limited to factual information including the services provided by the program, laws relevant to the program’s service, telephone numbers, address, and hours of operation of the program. Communications shall not be false or misleading, nor include information which coerces, harasses, entices, intimidates, or is likely to cause duress to a prospective client.

(12) Licensure is subject to the contingencies delineated in Rule 15A-10.041, F.A.C.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.006 Relinquishment of Licensure

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.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.007 Review Board and Monitoring

(1) In order to assist the Department in a systematic review of each licensed DUI program’s compliance with the rules, the DUI Programs Review Board shall conduct periodic on-site visits of all programs as well as unannounced visits. The Review Board shall conduct an on-site visit to each program at least once every 24 months. The members of the Review Board shall be paid per diem and travel expenses in accordance with Section 112.061, F.S. The site visit shall be processed in accordance with the Compliance Review, HSMV Form 77038, incorporated by reference in Rule 15A-10.043, F.A.C., and to determine compliance with the rules. The program will receive a written report delineating deficiencies and the remedies required to correct those deficiencies. The form will also be accompanied by the Site Visit Report, HSMV Form 77039, incorporated by reference in Rule 15A-10.043, F.A.C. The DUI program shall respond in writing documenting correction of those deficiencies within thirty (30) calendar days after receipt of the report. The Department is authorized to conduct follow-up site visits regarding the satisfaction of those deficiencies. The failure to satisfy the deficiencies within the time frame set out above will result in suspension or revocation of the DUI program license in accordance with Rule 15A-10.041, F.A.C. An appeal of a suspension or revocation of a license shall be made in accordance with Chapter 120, F.S.

(2) Site visit preparation.

(a) The Compliance Review, HSMV Form 77038, shall be completed by the DUI program and submitted to the Department at least six calendar weeks prior to the site visit.

(b) Additional written information shall be provided with the Compliance Review as requested.

(c) Appointments with specified organizations and persons shall be scheduled by the DUI program manager as required.

(3) During each review, all representatives of the programs shall cooperate with the Department’s representative(s), and, upon request, shall exhibit all records, instructional aids, manuals, or such materials as necessary for the review.

(4) A manager of the program or his designee must be available during normal business hours at any program business office to furnish information of operation, verify records, or to provide the necessary records or documents whenever requested by a member of the Department.

(5) Members of the DUI Programs Review Board shall be appointed by the Executive Director of the Department. Criteria for membership requires that the member be employed in or have a history of employment in criminal justice, finance, accounting, business administration, public administration or human services. Persons who receive compensation from or who serve in a voluntary capacity on the Board of Directors of a licensed DUI program are not eligible for membership.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.008 Organizational Structure

(1) An organization designated as a DUI program shall provide the following functions: administration, registration, enrollment, education, client evaluation, treatment referral, Special Supervision Services, and may elect to provide the Drug, Alcohol, Traffic Education Program (D.A.T.E.). Subcontracting of any of these functions is prohibited.

(2) The DUI program shall designate a specific staff member to serve as a liaison to the court and probation services.

(3) The DUI program shall be operated by a governmental or not-for-profit organization pursuant to IRS classification.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.095, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.009 Program Jurisdiction

(1) Persons who are ordered by the court, pursuant to Section 316.192 or 316.193, F.S., to attend a substance abuse course, or who attend such course after an arrest for Section 316.192 or 316.193, F.S., but prior to conviction, shall attend the DUI program that serves the county of that person’s residence, employment, or school attendance unless the program(s) of residence, employment, or education do(es) not object to attendance at another program for the convenience of the client.

(a) Out-of-state residents may attend an out-of-state substance abuse program provided that such program has reciprocal recognition as stated in Rule 15A-10.003, F.A.C.

(2) Attendance used to satisfy the statutory requirement for an offense must occur after the arrest for such offense.

(3) Completion of or failure to complete DUI program requirements will result in submission by the DUI program of the Student Status Report, HSMV 77057, incorporated by reference in Rule 15A-10.043, F.A.C.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 316.192, 316.193, 322.2615, 322.292 FS. History–New 1-4-95.

Fla. Admin. Code R. 15A-10.010 Operating Policies and Procedures Manual(s)

Each DUI program shall have an operating policies and procedures manual or service specific manuals which shall include comprehensive written step by step procedures covering administration, fiscal matters, governing body, personnel, client file maintenance, certification, educational services, evaluation, treatment referral, court, and Special Supervision Services. The manual(s) shall be approved by the organization’s Board of Directors or advisory committee where no board is required.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95.

Fla. Admin. Code R. 15A-10.011 Board of Directors or Advisory Committee

(1) Not-for-profit corporations.

(a) The DUI program shall have a Board of Directors.

(b) Programs which are operated by a multipurpose corporation shall appoint an advisory committee.

(c) The Board of Directors, must:

1. Meet at least quarterly.

2. Ensure compliance with state and federal laws and regulations.

3. Ensure no voting member of the Board of Directors is a paid employee of the program.

(d) If an advisory committee is utilized, it must:

1. Meet at least quarterly.

2. Report to Board of Directors and the DUI program following each meeting.

3. Ensure no voting member of the advisory committee is a paid employee of the program.

(2) Governmental Entities.

(a) Shall have a Board of Directors or advisory committee.

(b) If a board of directors is utilized, the board shall meet the requirements of paragraph (1)(c) above and if an advisory committee is utilized, it must meet the requirements of subparagraphs (1)(d)1.-3. above.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.012 Financial Audit

The DUI program shall submit to the Department a certified financial audit, and an independent auditor’s report on compliance with laws, regulations, contracts, and grants related to Rules 15A-10.012, 15A-10.013, 15A-10.014, 15A-10.0141 and 15A-10.0142, F.A.C., which shall be conducted by an independent certified public accountant on an annual basis. A copy of those portions of the management letter related to the DUI program audit shall also be submitted to the Department.

(1) The audit shall be received by the Department within one-hundred twenty calendar days of the end of the program’s fiscal year. This period may be extended by the Department for up to sixty (60) additional calendar days upon a program’s written request, when the audit has been delayed through no fault of the program or for other extenuating circumstances. Factors the Department will consider in making the decision are a delay in receipt of the audit from the licensed organization’s certified public accountant, natural disaster or a circumstance which is beyond the licensed organization’s control. The audit shall be reviewed by the Internal Auditor of the Department or an auditor on contract.

(2) The audited financial statements shall be comparative and presented on the accrual basis of accounting.

(3) The audited financial statements shall clearly show the activity and fund balances of the DUI program and, at a minimum, shall include: a balance sheet; a statement of support, revenue and expenses; a statement of changes in fund balances to reflect the activity of each fund; and a statement of functional expenses. The revenues and expenses of the Special Supervision Services portion of the DUI program shall be reflected separately from other DUI program revenues and expenses.

(4) The DUI program accounting must be presented as a separate fund.

(5) The auditor’s notes accompanying the financial statements or a letter from the auditor shall disclose the basis and formula for the allocation of indirect costs (overhead) and that the method used provides a fair and equitable allocation to all functions or programs.

(6) The audit report shall include an auditor’s note to the financial statements concerning the collection and remittance of the state assessment fee to the Department as required by Section 322.293, Florida Statutes, and Administrative Rule 15A-10.005, F.A.C. This audit report note shall include the information in the following format:

STATE ASSESSMENT FEE

As required by Section 322.293, F.S., and Administrative Rule 15A-10.005, F.A.C., [Name of Program] collects a state assessment fee of [Amount of Fee] on every client enrolling in its DUI program and remits the fees to the State of Florida. State assessment fees collected and distributed to the State of Florida are summarized as follows:

Fiscal Year

Prior Current

Fees due from prior year $_______ $_______

Fees collected current year _______ _______

Fees remitted current year _______ _______

Fees due State _______ _______

(7) The auditor’s notes accompanying the audited financial statements shall also state that the DUI program established and maintained procedures which adequately accounted for all fees received for the DUI program and for all receipts created and/or issued by the DUI program.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.013 Financial Procedures and Reporting Requirements

(1) The DUI program shall establish and maintain financial procedures to account for all fees received by the DUI program. The program shall be supported solely from fees received from clients and from in-kind and other contributions. In-kind contributions shall be recorded in accordance with the definition in subsection 15A-10.002(18), F.A.C. All fees shall be used solely for the operation of the program except as otherwise provided in Rule 15A-10.0142, F.A.C. Cash or other assets earned or received by the DUI program may not be loaned or used for any other purpose. The program may maintain a cash reserve as defined in subsection 15A-10.002(6), F.A.C.

(2) The state assessment fee shall be collected from each person enrolling in the DUI program and shall be submitted to the Department within thirty (30) days following the last day of the month in which the assessment was collected. The fee shall be submitted with the complete Assessment Fee Report Form, HSMV Form 77007, incorporated by reference in Rule 15A-10.043, F.A.C. The state assessment fee is part of the total fee and is not an ancillary fee.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.014 Cost Standards and Allocations

(1) Reasonable Costs. A cost shall be deemed to be a reasonable expenditure for a DUI program if it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration shall be given to:

(a) Whether the cost is of a type generally recognized as ordinary and necessary for the operation of an organization in the public sector which performs similar functions or which is staffed with similarly classified personnel.

(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms length bargaining, and federal and state laws and regulations.

(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its employees, its clients, and the public at large.

(2) Personnel Salaries and Benefits.

(a) The Board of Directors or advisory committee shall not receive direct compensation for their services on the board or as an employee or consultant for the corporation.

(b) Management – The total compensation of the executive director, president, or other senior managers which is charged to the DUI program shall be based on the number of clients served, staffing, size of budget relative to other organizations offering similar services, and other relevant factors. In addition, such factors as tenure with the organization may be considered.

(c) The total compensation of each employee which is charged to the DUI program, other than those identified in paragraph (2)(b) above, shall approximate that paid by other employers in the same general geographic area to positions requiring similar skills and experience.

(d) Contributions to retirement cannot exceed the percentage of gross compensation contributed by the employer of members of the Regular Class of the Florida Retirement System pursuant to Section 121.071, F.S.

(e) Benefits such as club dues, tuition plans for employees’ children, and automobiles primarily for personal use are not allowable costs.

(3) Expenses.

(a) Contributions and donations to others are not allowable costs.

(b) Accelerated depreciation is not allowable.

(c) The costs of an individual’s dues, memberships, and subscriptions are not allowable unless the organization does not permit corporate memberships. Individual membership for the purpose of professional liability coverage is allowable.

(d) Expenditures for entertainment are not allowable.

(e) Discretionary bonuses shall not be paid from or charged to the DUI program either as direct or indirect costs. Discretionary or extraordinary bonuses are sums paid to employees in recognition of services performed during a given period when the payment is not made pursuant to any prior written agreement causing the employees to expect such payments regularly, or as part of amounts budgeted by the program for such purposes.

(f) Usage and occupancy fees charged to the DUI program by an affiliated organization or other program within the same organization are limited to the DUI programs share of the total operating cost plus depreciation.

(4) Cost Allocation.

The identification of direct and indirect costs and the allocation of indirect costs is required for multi-function organizations. Single function organizations will not be required to provide this degree of cost accounting.

(a) Direct costs are those costs which can be reasonably identified as benefiting a particular program, function, or cost center.

1. All costs should be charged directly to a program or function unless identified as an indirect cost as defined below.

2. Joint costs are costs incurred by the organization which benefits two or more programs or functions, and which can be readily allocated to the DUI program receiving such benefits, using an appropriate base. This would include such items as depreciation, rental costs, operation and maintenance of facilities, telephone expenses, and employees salaries. A step-down allocation methodology is preferred and any other method must be justified as being more equitable.

(b) Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective.

1. Direct costs of minor amounts may be treated as indirect costs where it is not economically feasible to identify and allocate them as direct costs.

2. Indirect costs are those costs remaining after all direct costs have been determined and assigned directly to programs, functions, or cost centers, as appropriate.

3. Indirect costs shall be assigned to one or more indirect costs pools and allocated to programs or functions using a logical, supportable, and equitable distribution base. Different distribution bases may be used for different indirect cost pools.

(5) Cost Limitations. The amount of any cost charged to a DUI program, subject to the maximum cost limitations imposed by these rules, shall be limited to the proportion of benefit received by the program.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.0141 Fees

(1) The registration fees to be charged by DUI programs shall be $165 for Level I and $250 for Level II and will include the State assessment fee. These are the only fees to be charged for providing the Level I and Level II classes except for Department approved ancillary fees. These fees, not including the State assessment fee, will increase each year on October 1, by the lessor of three percent or the percentage increase (if any) in the Consumer Price Index as determined by the U.S. Department of Labor for the twelve month period ending on the preceding June 30, rounded to the nearest five dollars. Any program that is charging more than the above-specified fees on the effective date of this rule may continue to utilize those fees, without any increase, until such time as the fees specified herein, as adjusted, exceed the fees charged by the program.

(2) The standardized Department approved ancillary fees which shall be charged to students, with the exclusion of those circumstances referenced in subsection 15A-10.016(2), F.A.C., are:

(a) Driver Risk Inventory (DRI) $5.00

(b) Evaluation not associated with enrollment in the complete program $75.00

(c) First Level I course reassignment within ninety days of enrollment $40.00

(d) Second Level I course reassignment within ninety days of enrollment $75.00

(e) Third Level I course reassignment within ninety days of enrollment $153.00

(f) First Level I evaluation reassignment within ninety days of enrollment $75.00

(g) Second Level I evaluation reassignment within ninety days of enrollment $153.00

(h) Any Level I reassignment which occurs more than ninety days after enrollment $165.00

(i) First Level II course reassignment within ninety days of enrollment $60.00

(j) Second Level II course reassignment within ninety days of enrollment $120.00

(k) Third Level II course reassignment within ninety days of enrollment $238.00

(l) Any Level II course reassignment which occurs more than ninety days after enrollment $250.00

(m) Transfer Fee $25.00

(n) Administrative Refund Fee $25.00

(o) Processing a Referral to a Different Treatment Agency $15.00

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 3-4-97.

Fla. Admin. Code R. 15A-10.0142 Revenue Limitation

The maximum allowable fee revenue to be retained by the DUI Program for normal operations is the maximum allowable cost plus 10 percent of the maximum allowable costs (i.e., operational expenses in accordance with these rules for the most recently ended fiscal year). Up to 10 percent of fee revenues above maximum allowable costs may be placed in a cash reserve account each year for the purpose of providing emergency reserves for the program should the DUI program experience a downward economic spiral, and to allow the program to purchase assets which increase efficiency or decrease cost. Total cash reserves may not exceed 50 percent of the program’s operational expenses for the most recently ended fiscal year. The purchase of assets from the cash reserve fund must be approved by the DUI program Board of Directors and the Chief Judge of the Circuit where the DUI program is principally located. Revenues in excess of the maximum allowable for normal operations or cash reserve fund may be applied to substance abuse treatment programs for DUI offenders, substance abuse prevention programs, or fee waivers for indigent clients or clients unable to pay for DUI program participation, in the fiscal year after the fiscal year in which the revenues were realized, if approved by the DUI program Board of Directors and the Chief Judge of the Circuit where the DUI program is principally located. Absent the above approval and usage of the excess revenues, such revenues shall be paid into the DUI Trust Fund by the end of the fiscal year after the year in which they were realized. The annual audit report shall include a report on the use of such excess revenues. The expenses associated with these revenues shall not be recorded as normal operating expenses of the DUI program.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 3-4-97.

Fla. Admin. Code R. 15A-10.015 Fee Waiver

Any person seeking a waiver of all or part of the fee for the program shall present documentation of indigency to the program. The program may grant such a waiver if indigency is so established. In no case shall the state assessment be waived. Waiver criteria must be included in the program’s operating policies and procedures manual.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95.

Fla. Admin. Code R. 15A-10.016 Ancillary Fees

(1) All ancillary fees must be approved by the Department on the Ancillary Fee Request Form, HSMV Form 77002.

(2) If the client appears for a class session or the evaluation after having consumed alcohol or illegal drugs, or abused prescription medication or other substances as evidenced by possession, behavior, odor, observation of consumption, or the student’s own admission; or acts in a disruptive manner, resulting in dismissal from the class session or evaluation, the client shall be required to pay the maximum Department approved reassignment fee and reschedule the entire set of class sessions or evaluation. Such fee shall not exceed the standardized Department approved fee to be charged for services provided beyond 90 days of original enrollment. A Student Observation/Incident Report, HSMV Form 77008, incorporated by reference in Rule 15A-10.043, F.A.C., recording the date, staff person, student, and incident shall be required whenever a client is dismissed from a class and shall be maintained for two years.

(3) Reassignments:

(a) Each DUI program shall provide each client with a schedule of assigned class or evaluation sessions at the time of registration.

(b) If the client contacts the program at least five (5) business days prior to the date the class session or evaluation is scheduled to be conducted and asks to be reassigned, the client shall be reassigned to another series of class sessions or evaluation without fee. No more than two reassignments under this paragraph shall be allowed during any ninety day period;

(c) If the client contacts the program at least forty eight (48) hours after the date the class session or evaluation was scheduled and asks to be reassigned for exceptional circumstances, the client shall be reassigned to another series of class sessions or evaluation without fee. Exceptional circumstances must be documented by the client and involve situations that are beyond the client’s control and were unknown to the client at the time of enrollment, such as natural disaster, serious illness or death in the client’s immediate family, or serious illness requiring hospitalization of the client, as documented by the attending physician.

(d) Any client who does not request reassignment as set forth above shall be subject to the applicable reassignment fees.

(e) Any client who is late for a class session or evaluation shall be deemed as having missed such class session or evaluation. Such person must request reassignment and shall pay the applicable reassignment fee.

(4) The DUI program shall charge the full registration fee, including the state assessment fee, to a client who returns to the program more than ninety days after original enrollment to complete all or part of the program.

(5) For those clients who have completed education and evaluation but failed to begin or complete treatment, a registration fee shall not be charged when the client returns to the program to complete the referral requirements.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, 3-4-97.

Fla. Admin. Code R. 15A-10.017 Personnel Policies and Procedures

The written policies and procedures pertaining to the selection and training of personnel shall include descriptions and documentation of the following:

(1) Job classifications, including exempt and non-exempt status, job descriptions, and pay plans.

(2) Procedures for personnel selection and appointment.

(3) Insurance plans as required by state and federal law.

(4) Procedures for establishing and maintaining personnel records.

(5) Requirements that all instructors, evaluators, Special Supervision Services Evaluators, and clinical supervisors be certified by the state and attend biennial mandatory training.

(6) Annual and sick leave policy.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.018 Client Files

(1) The policies and procedures for client files shall include the organization, location, and the individuals responsible for the security and maintenance of the client files as well as process and documentation of providing the client with written rules and procedures concerning confidentiality, the processing of release forms, and the administering of the psychosocial evaluation.

(2) The client file shall include the following:

(a) A form containing demographic data using the Client Data Information and Interview, HSMV Form 77004, incorporated by reference in Rule 15A-10.043, F.A.C.

(b) The program’s rules and regulations form shall be signed by the student with the original placed in the client file and a duplicate provided to the client. Students who are unable to read shall be verbally provided with the information. Client rules and regulations shall include:

1. The requirements for course completion including requirements for those with a valid administrative suspension and those enrolling in pre-conviction status.

2. Breach of enrollment agreement, including all reasons for having to reassign and any fees charged for reassignment.

3. The transfer policy and fee.

4. All fees for all services in the program.

5. Statement on confidentiality regulations.

6. Psychosocial evaluation process and objectives.

(c) Client Tracking Form, HSMV Form 77003 which must contain significant dates and contacts with the client, other service providers, significant others, and significant events.

(d) Student Observation/Incident Report, HSMV Form, 77008, where applicable.

(e) Treatment Referral and/or Documentation, HSMV Form 77005.

(f) Client Data Information and Interview, HSMV Form 77004.

(g) Original Driver Risk Inventory (DRI) answer sheet.

(h) Documentation of Court and Department communication which can be documented on the Client Tracking Form, HSMV Form 77003.

(i) Driver record and arrest record. A lifetime driver record is required where it is available.

(j) Client Transfer Record, HSMV Form 77009, incorporated by reference in Rule 15A-10.043, F.A.C., where applicable.

(k) Interstate DUI Transfer Form, HSMV Form 77040, incorporated by reference in Rule 15A-10.043, F.A.C., where applicable.

(l) Feedback, HSMV Form 77031.

(3) The program shall retain a complete file for a minimum of six months following completion of the educational services or conviction, whichever comes last. The program shall retain a permanent record of that file of all clients who have enrolled in the program that will minimally include the name, address, date of birth, drivers license number, and the status of completion. This record will also include a summary of the evaluation noting critical factors as identified from the Evaluator Guide, as well as ancillary data secured in the interview. The format of the permanent record shall be a card system, the complete hard copy of the file, microfiche, or magnetic media storage.

(4) The client shall have access to the client file for review.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.019 Client Transfers

(1) If a client requests a transfer to another Florida location or another state prior to enrollment and the client has been specifically court ordered to the program or the program has agreed to assume tracking responsibilities, the DUI program shall send the Client Transfer Record, HSMV Form 77009, incorporated by reference in Rule 15A-10.043, F.A.C., or Interstate DUI Transfer Form, HSMV Form 77040, incorporated by reference in Rule 15A-10.043, F.A.C., and copies of available client records to the receiving program by certified mail. If the client fails to enroll at the receiving program within 90 days of the date of the transfer, the receiving program shall submit the Student Status Report, HSMV 77057 to the Department, with a copy sent to the referring program, indicating the client’s failure to complete. All costs for certified mail shall be the responsibility of the client. The state assessment fee shall not be collected until the client enrolls in a Florida DUI program. The transfer fee shall be the standardized, Department approved fee. The receiving program is responsible for notification to the Department upon the client’s completion of the program, including required treatment completion if applicable, unless otherwise agreed by the two programs. In all instances, the original program shall ensure that the receiving program in another state is approved by that state prior to completing the transfer.

(2) If a client who has enrolled requests a transfer prior to completing the entire series of assigned classes or the evaluation due to change of residence from the geographic area served by the program, the original program shall send the Client Transfer Record, HSMV Form 77009, the Request to Release or Obtain Information, HSMV Form 77011, and a copy of the client record to the receiving program by certified mail. If the client fails to enroll at the receiving program within 90 days of the date of the transfer, the receiving program shall submit the Student Status Report, HSMV Form 77057 to the Department, with a copy sent to the referring program, indicating the client’s failure to complete. The fee for the service being transferred shall not be refunded until the client successfully completes all components and treatment requirements. The refund shall be the balance of the program fee excluding the cost of services already received, the cost of DHSMV records, the state assessment fee, DRI fee, and the standardized, Department approved administrative refund fee. The receiving program shall be responsible for notifying the Department upon completion of the program unless otherwise agreed by the programs involved.

(3) If a client changes residence from the geographic area served by the enrolling program prior to beginning or completing treatment, it is the client’s responsibility to notify the original DUI program of the relocation. If contracted by the client, the DUI program serving the client’s new county of residence, employment, or school attendance, shall instruct the client to notify the original DUI program of the change. If the new program elects to contact the original program for the client, an executed Request to Release or Obtain Information, HSMV Form 77011, must be obtained and no fee is charged. The state assessment fee shall not be collected by the new program. The original DUI program may work with the new DUI program to identify an appropriate treatment provider in the area of the client’s relocation. The receiving DUI program shall be responsible for notifying the Department of the client’s completion status unless otherwise agreed by the programs involved.

(4) If a client contacts a DUI program for the name and telephone number of a DUI program in the area of a client’s residence, employment, or school attendance, and there is no court order requiring tracking by the original DUI program, this is not a client transfer. In such cases, the client is given the information, a fee is not charged, and the state assessment fee is not collected by the program providing the information.

(5) If the client has paid the state assessment fee at the transferring program, such assessment shall not be collected at the receiving program.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.020 Fee Revisions

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Repealed 3-4-97.

Fla. Admin. Code R. 15A-10.021 Student Conduct

(1) A DUI program may refuse to enroll any person who is unwilling to comply with the rules and procedures of the program, is unwilling to make full disclosure for purposes of an evaluation, or refuses to participate in the education classes.

(2) The program shall dismiss any student from the premises who is believed to have consumed alcohol or illegal drugs, or abused prescription medication or any other substance as evidenced by possession, behavior, odor, observation of consumption or the student’s own admission; who arrives late for an appointment or arrives for class after the roll call, who disrupts an evaluation session or disrupts the class. Behavior resulting in dismissal from class shall be documented on Student Observation/Incident Report, HSMV Form 77008 and documented on the Incident Log, HSMV Form 77016. Behavior resulting in dismissal from the evaluation shall be documented on Client Tracking Form, HSMV Form 77003 and Incident Log, HSMV Form 77016.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.022 Personnel Certification

(1)(a) The program shall employ only instructors, Special Supervision Services evaluators, clinical supervisors and evaluators who are certified by the Department.

(b) Instructors shall possess a bachelor’s degree in human services, criminal justice, adult or secondary education, traffic safety, nursing or a doctorate in medicine (M.D.). They shall possess a minimum of four thousand hours of experience in human services, criminal justice, education, traffic safety or medical care. The experience requirement may be satisfied by direct service delivery, administration, or teaching. A master’s degree in human services, criminal justice, adult or secondary education, traffic safety, nursing or a doctorate in medicine (M.D.) may be substituted for two thousand hours of experience. A Certified Addiction Professional (CAP) status, a Certified Criminal Justice Addiction Professional (CCJAP) status or fourteen thousand hours of experience in human services may be substituted for a degree that is not in human services, but shall not preclude the requirement for a minimum of a bachelor’s degree. Each beginning instructor shall complete 20 hours of Department provided preservice training. The preservice training requirement shall also include documentation of the observation of an entire twelve hour course. If the person will teach Level II, documentation of the observation of an entire twenty-one hour course is required. The Preservice Instructor Training Documentation, HSMV Form 77041, incorporated by reference in Rule 15A-10.043, F.A.C., verifying the observation of these classes must be received prior to the issuance of standard certification. Each certified instructor shall complete a minimum of 24 hours of Department approved training biennially to maintain certification.

(c) For Level II Instructor certification, two hundred fifty two hours of group experience must be documented on the Application for DUI Personnel Certification, HSMV Form 77042, incorporated by reference in Rule 15A-10.043, F.A.C. The group experience must be clinical or therapeutic. If didactic, such experience must be in a substance abuse or mental health setting. The applicant’s role in the group must be as the group leader or co-leader. The applicant shall provide the specific number of hours of experience, if the group is open or closed, the various stages of group growth that were facilitated and the group skills used shall also be described in detail.

(2) The program shall employ only evaluators and Special Supervision Services Evaluators who are certified by the Department. Every evaluator and Special Supervision Services Evaluator shall possess a minimum of a bachelor’s degree in human services, nursing or a doctorate in medicine (M.D.). They shall possess a minimum of four thousand hours experience in mental health/rehabilitative direct client services or medical care specific to substance abuse. A master’s degree in human services, nursing or a doctorate in medicine (M.D.) may be substituted for two thousand hours of experience. A Certified Addiction Professional (CAP) status, a Certified Criminal Justice Addiction Professional (CCJAP) status, or fourteen thousand hours of experience in human services may be substituted for a degree that is not in human services, but shall not preclude the requirements for a minimum of a bachelor’s degree. Each beginning evaluator shall complete 20 hours of Department provided preservice training. Each certified evaluator shall thereafter complete 24 hours of Department approved training biennially to maintain certification.

(3) In addition to completing the training for evaluator status, the Special Supervision Services Evaluator certification requires completing eight hours of Department provided preservice training in the area of client supervision and management. Each certified Special Supervision Services Evaluator shall thereafter complete 24 hours of Department approved training biennially for evaluators to maintain the Special Supervision Services Evaluator certification.

(4) The program shall employ only clinical supervisors who are certified by the Department.

(a) Clinical supervisors shall:

1. Possess a master’s degree in human services and four thousand hours of experience in the substance abuse field or a bachelor’s degree and ten thousand hours of experience in the substance abuse field. At least two thousand hours of the experience must be as a certified evaluator in a Florida DUI program.

2. Certified as an evaluator and Special Supervision Services Evaluator.

3. Complete a Department approved Pre-Service Course.

4. Complete a minimum of 12 hours of Department approved recertification training biennially to maintain certification.

(b) The program may employ a person licensed by the Department of Business and Professional Regulation or a Certified Addictions Professional (CAP) with a bachelor’s degree to perform the functions of a clinical supervisor for a period not to exceed six months where the program’s certified clinical supervisor is unable to perform those functions.

(5) The DUI program where the applicant will be employed must submit and Application for DUI Personnel Certification, HSMV Form 77042, incorporated by reference in Rule 15A-10.043, F.A.C. Such application shall be received by the DUI Programs Section no later than the employee’s first day of the provision of direct services.

(a) The official educational institution transcripts shall be sent directly to the Department from the institution and shall bear the seal of that institution.

(b) All institutions must be accredited by a Commission on Recognition of Post-Secondary Accreditation (CORPA) – recognized accrediting agencies. An applicant with a degree from an institution outside the U.S. must submit documentation of equivalency of that degree from the World Education Services.

(c) Certification shall be granted to every approved applicant by the Department for the remainder of that year and the following calendar year.

(6) Any person seeking certification as an instructor, evaluator, Special Supervision Services Evaluator, or clinical supervisor who has not completed the training requirements described above shall be granted a temporary certification not to exceed six months from the date of issuance of the Temporary Certificate, HSMV Form 77043, incorporated by reference in Rule 15A-10.043, F.A.C., or until completion of the first available required preservice training following issuance of the temporary certificate. The temporary certification shall be extended by the Department if the applicant is unable to complete the first available required preservice training due to exceptional circumstances beyond the applicant’s control. Those exceptions are natural disaster, call to active military duty, serious illness or death in the applicant’s immediate family, or serious illness requiring hospitalization of the applicant as documented by the attending physician. The Department will require documentation which evidences such exceptions. During the period of temporary certification such instructor may perform the function for which they are certified under the supervision of a certified instructor while the process of preservice training and certification is being completed. During the period of temporary certification, such evaluators, Special Supervision Services Evaluators and clinical supervisors holding temporary certification may perform the function for which they are certified under the supervision of the clinical supervisor who holds a standard certificate. Such supervision shall be documented. All psychosocial evaluations, periodic updates and other required forms completed by those on temporary certificates shall be co-signed by the clinical supervisor. Any documentation or forms requiring written input from the instructor on temporary certification shall be co-signed by the supervising instructor. If supervision of the instructor includes direct observation, documentation of that process shall be maintained by the supervising instructor on a form in the same content and format as the Instructor Evaluation Report, HSMV Form 77010, incorporated by reference in Rule 15A-10.043, F.A.C. Persons granted temporary certification who fail to meet all requirements cannot continue to provide DUI services and cannot reapply for certification until completing the required preservice course and all other requirements except as provided for above.

(7) The criteria for certification of instructors, evaluators, Special Supervision Services Evaluators and clinical supervisors shall not be waived.

(8) The Department shall provide all instructors, evaluators, Special Supervision Services Evaluators, and clinical supervisors upon certification with the Standard Certificates, HSMV Form 77044, incorporated by reference in Rule 15A-10.043, F.A.C.

(9) The recertification training must be provided by an organization or person approved by the Department. Each organization or individual must apply on the Application for Provider Status, HSMV Form 77045, incorporated by reference in Rule 15A-10.043, F.A.C., and be approved by the Department. Every event of the provider must be approved by the Department. The provider must submit each event for prior approval on the Individual Training Event, HSMV Form 77046, incorporated by reference in Rule 15A-10.043, F.A.C. Attendance must be confirmed by submission of the Training Documentation, HSMV Form 77047, incorporated by reference in Rule 15A-10.043, F.A.C.

(10) An abbreviated provider form, Application for Conference Approval, HSMV Form 77048, incorporated by reference in Rule 15A-10.043, F.A.C., can be submitted by nationally recognized organizations for a specific course or by a certified individual requesting approval of the conference.

(11) Persons certified by the Department shall be responsible to provide to the Department documentation of each training event to be considered for recertification. All recertification documentation must be received by December 31 biennially for the following two year certification period. Services cannot be provided by any person who fails to complete certification requirements in the time required.

(12) The procedure for processing an appeal on the certification application will be pursuant to Section 120.60(2), F.S.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.023 Education

(1) Each organization conducting a DUI program shall have sufficient classroom space to comfortably accommodate all students with a minimum of twenty (20) square feet of space per student unless otherwise authorized by local officials. All classrooms will be private with no interference. Restroom facilities must also be available. Students shall be scheduled for class within the briefest period of time consistent with fiscal constraints.

(2) The instructor shall provide students with appropriate handouts. Each instructor shall have a comprehensive curriculum guide for each course. The administration shall ensure that communication occurs between the evaluator and instructor on individual students, as needed toward a final disposition. Such communications shall be documented in the client file.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.024 Level I Course

The Level I course shall include behavioral objectives for the students. It shall consist of a minimum of 12 hours of classroom instruction including didactic and interactive educational methodologies, and not less than two hours of drug abuse information. The total time for breaks made available to students shall not exceed eighty (80) minutes per twelve (12) hours of the Level I course. Classes are limited to an average attendance of thirty (30) students, not to exceed thirty-five (35) enrollees. The course shall have a curriculum consisting of the following elements:

(1) Orientation.

(2) Definition of the DUI problem.

(3) Law enforcement role.

(4) Judicial role.

(5) Department of Highway Safety and Motor Vehicles role.

(6) Physiological effects of alcohol and other drugs on the body and their relationship to the driving task.

(7) Sociological effects of alcohol and other drug abuse.

(8) Causative factors underlying alcohol and other drug abuse.

(9) Community treatment services.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95.

Fla. Admin. Code R. 15A-10.025 Level II Course

(1) The standardized Level II curriculum shall be used. It shall be a minimum of twenty-one (21) hours in length. Modifications cannot be used unless approved by the Department utilizing the Criteria Checklist for Level II Curricula, HSMV Form 77049, incorporated by reference in Rule 15A-10.043, F.A.C.

(2) The total time for breaks made available to students shall not exceed one hundred forty (140) minutes per twenty one (21) hours of the Level II course. Attendance shall be determined if the person has previously attended the Level I class or has been convicted two or more times of an offense requiring DUI program attendance. If attending in pre-conviction status, attendance at Level II will be made if Level I has already been completed. If a client is convicted of another offense while attending the Level I program he must complete both that Level I and a Level II program before receiving a certificate of completion. A second evaluation shall be conducted if the client was not referred to treatment as a result of the first evaluation. The course shall be taught by using primarily interactive educational techniques in a group consisting of an average of 15 people.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.026 Certificates of Completion and Student Status Report, HSMV Form 77057

(1) Certificates of completion shall not be issued until the education and evaluation components of the DUI program have been completed. The certificates of completion shall contain language to the effect that failure to satisfactorily complete any prescribed treatment may result in the cancellation of the driver license. Only HSMV Form 77057, the certificate of completion or letter of completion from a licensed DUI program will be accepted by the Department as proof of completion of all DUI program requirements.

(2) Education and evaluation components shall be completed within 90 days of enrollment. If a client fails to complete either or both of the components by the end of that 90 day period, the program shall submit the Student Status Report, HSMV Form 77057 to the Department indicating that the client has failed to complete DUI. If a client returns to the program more than 90 days after the original enrollment to complete the program, the client shall be required to pay the entire registration fee and complete both the education and evaluation components.

(3) A client who completed the education and evaluation components but failed to complete required treatment shall be required to complete only treatment upon return to the program. The program shall submit the HSMV Form 77057 to the Department once treatment has been completed.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 316.193, 322.271, 322.291, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.027 Client Evaluation

(1) Each DUI program shall provide client evaluation services. The program shall utilize an evaluation manual. An evaluation shall be conducted on all persons enrolled in the DUI program. The component shall include a psychosocial evaluation to determine the existence of a possible alcohol or other drug abuse problem. If a client is enrolled in the program for more than one arrest or conviction, only one evaluation shall be conducted.

(2) The evaluation shall include the administration of the Driver Risk Inventory. A testing environment shall be free of distractions by persons or objects which would influence or interfere with the testing process.

(3) A client face to face interview shall be conducted. The DUI program shall complete the Client Data Information and Interview, HSMV Form 77004 in all cases to document the face to face interview.

(4) The psychosocial evaluation shall be conducted prior to attendance at the class where feasible. The Driver Risk Inventory shall be administered and scored prior to the evaluation.

(5) The results of the clinical interview, objective testing, documented blood alcohol reading, arrest record and official driver record shall be integrated in reaching a decision about the need for treatment according to the Evaluator Guide. A summary of the client’s classroom participation may also be considered. When the evaluation results in a deviation from the Evaluator Guide, the Client Data Information and Interview, HSMV Form 77004, must be reviewed, signed by the clinical supervisor, and shall be retained for two (2) years.

(6) The need for treatment shall be documented in the file and discussed with the client. Where treatment is deemed appropriate, the program shall refer the client to a DCF licensed treatment provider or a provider that is exempt from licensure. The DUI program shall forward a copy of the Client Data Information and Interview, HSMV Form 77004, to the treatment provider prior to the client’s intake appointment. The program shall ensure that appropriate confidentiality safeguards are followed and that the referral is made on the Treatment Referral and/or Documentation, HSMV Form 77005.

(7) Any client wishing to contest a referral to treatment shall be required to comply with the procedure outlined in Section 316.193(5), F.S. The DUI program shall ensure that the agency approved by the court to conduct the second psychosocial evaluation shall have access to the original evaluation, that is, shall provide a copy of the evaluation upon request.

(8) The client evaluation shall be conducted by a person certified as an evaluator by the Department. Certified evaluators shall be under the supervision of a certified clinical supervisor. The clinical supervisor shall be certified as an evaluator, Special Supervision Services Evaluator, and clinical supervisor. The clinical supervisor shall:

(a) Provide a minimum of two hours of face to face individual clinical supervision per month to evaluators who provide a minimum of 80 hours per month of evaluator time.

(b) Provide a minimum of one hour of face to face individual clinical supervision per month to evaluators who provide less than 80 hours per month of evaluator time.

(c) Observe an interview, or review a recording of such, at least once every six months.

(d) Review a minimum of three client case records at least monthly.

(e) Monthly case staffings with all involved staff. Clinical supervisors who routinely conduct a minimum of ten (10) evaluations per week, shall present a minimum of one evaluation at each monthly case staffing. Documentation of all required clinical supervision case reviews, case staffings, and observations shall be retained by the program for a minimum of two years.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.028 Treatment Referral

(1) Each DUI program shall establish a treatment referral system for persons determined to have an alcohol or other substance abuse problem. Twelve step programs and self-help groups shall not be utilized by the DUI program for treatment referrals. The treatment agency may refer clients to twelve step programs and self-help groups. The client shall be given a listing of approved providers with identifying information on location, fees, intake procedures and criteria for admission. The client shall be free to choose the treatment agency. An appointment with a treatment agency must be scheduled by the client within twenty (20) days following the evaluation.

(2) The program shall maintain a policies and step by step procedures manual which may be included as part of the operating policies and procedures manual, and shall deal with the following matters:

(a) Treatment referral;

(b) Follow-up process including the receipt of client information from the treatment agency;

(c) Client grievances;

(d) Written agreements or contracts;

(e) Listing and description of the treatment providers including criteria for their selection.

(3) In its criteria for treatment providers selection, the DUI program shall minimally require that:

(a) All treatment providers shall be licensed by the Department of Children and Families (DCF) pursuant to Chapter 397, F.S., or exempt from such licensure. A copy of the current license must be on file with the DUI program. If the DCF license has expired and the current license is unavailable, a letter must be secured from the district DCF office stating that the provider is in good standing and holds licensure status. Documentation of licensure exemption must be on file with the DUI program.

(b) Each provider to which referrals are made shall enter into a contract or written agreement with the DUI program unless the treatment provider and the DUI program are the same organization. The only manner in which the DUI program can refer clients to that organization’s treatment component is to secure a waiver pursuant to Application for Treatment Waiver, HSMV Form 77050, incorporated by reference in Rule 15A-10.043, F.A.C. If a waiver is granted and the organization which conducts the substance abuse evaluation and education is authorized to provide treatment services to DUI clients, licensure under Chapter 397, F.S., or documentation of licensure exemption for the provision of such services shall be obtained from DCF. In considering an application for treatment waiver, the Department shall consider the following criteria:

1. The number of DCF licensed or exempt facilities in the area served by the applicant.

2. Fee schedule.

3. Waiting period to receive services.

4. Distance in mileage between applicant’s treatment facility and other providers in the area served by the applicant.

5. Days and hours of operation of all other DCF licensed or exempt facilities in the service area.

6. Admission criteria and admission criteria restrictions of all other DCF licensed or exempt facilities in the service area.

7. Average length of treatment prescribed by each DCF licensed or exempt facility in the service area.

8. Willingness of each DCF licensed or exempt provider in the service area to comply with the pertinent rule requirement.

9. Services to minorities and special needs clients.

10. Willingness of the applicant facility to cooperate with other DUI programs in the area in complying with the rule requirements.

(c) Treatment planning shall be the responsibility of the treatment provider receiving the referral and the treatment plan shall be individualized to each client’s needs. Such requirements shall be included in the contract or written agreement made between the DUI program and the treatment provider.

(d) The treatment provider must confer regularly with the DUI program for the purpose of staffing, tracking, and coordinating. Confer regularly is defined as a face to face meeting once each quarter between the treatment provider representative and the DUI program representative. Conferring may occur by telephone in between the quarterly face to face contacts.

(e) The treatment provider must notify the DUI program when there is a change in client’s level of participation in treatment. This requirement shall be included in the contract or written agreement with the treatment provider.

(f) The treatment provider shall comply with any other criteria specific to the local community and client population as stipulated by the DUI program.

(4) If a client is already engaged in treatment at the time of the evaluation with a provider not on the DUI program’s list of approved providers, the DUI program shall ensure that the provider meets the following criteria:

(a) Authorized by a Florida state agency to provide substance abuse services as defined in Chapter 397, F.S., or by the appropriate state agency if located outside of Florida;

(b) Provide information on client status and disposition on appropriate letterhead stationary; and,

(c) Meets the conditions listed in the Treatment Referral and/or Documentation, HSMV Form 77005. Such criteria shall also apply in those cases where the client has completed treatment prior to the evaluation but after the present DUI.

(5) If treatment documentation must be secured from an out-of-state provider, a contract or written agreement is not required. The DUI program shall have evidence of its efforts to secure documentation that the provider is appropriately licensed or approved in that state or country, that substance abuse is the focus of the client’s treatment, that monthly reports are received from the provider, and the provider notifies the DUI program of any change in the client’s status.

(6) The DUI program must secure documentation from all treatment providers including the Feedback HSMV Form 77031 incorporated by reference in Rule 15A-10.043, F.A.C.

(7) If treatment documentation indicates that the person has been seen by a treatment provider only for the purpose of prescribing or reviewing medication and not receiving alcohol or other drug treatment, then referral to a licensed provider may be made to determine the need for treatment.

(8) All programs shall submit a Quarterly Treatment Referral Report, HSMV Form 77051, incorporated by reference in Rule 15A-10.043, F.A.C., on client treatment referrals for review by the Department. This report shall be received by the Department within thirty (30) days following the end of each quarter.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.029 Special Supervision Services (SSS) and Statutory Eligibility

(1) All administrative rules except Rules 15A-10.003, 15A-10.009, 15A-10.015, 15A-10.016, 15A-10.018, 15A-10.019, 15A-10.023, 15A-10.024, 15A-10.025, 15A-10.026, 15A-10.027 and 15A-10.028, F.A.C., shall apply to the administration of the Special Supervision Services (SSS).

(2) Each potential applicant for the SSS shall be advised of the eligibility requirements and provided with the Information Sheet Special Supervision Services, HSMV Form 77012, incorporated by reference in Rule 15A-10.043, F.A.C.

(3) The DUI program shall advise each person applying for the SSS of all program rules and regulations prior to accepting the program registration fee from said applicant. A Screening Form, HSMV Form 77013, incorporated by reference in Rule 15A-10.043, F.A.C., shall be completed by each applicant which will document relevant background information related to eligibility requirements.

(4) Once eligibility for application is determined by the DUI program, the applicant shall pay the Department approved registration fee. Applicants may apply thirty (30) days prior to meeting the required abstinence to provide them the opportunity to secure the restricted license in a more timely manner. The responsibility for obtaining a driver history record as well as an arrest record shall be the responsibility of the DUI program upon receipt of the registration fee.

(5) No person shall be eligible for reinstatement in the Special Supervision Services who has previously been reinstated and had that reinstatement cancelled due to current substance abuse. In such a situation the entire statutory revocation period must be served.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.030 SSS Application and Evaluation Process

(1) The applicant shall be evaluated and supervised by the DUI program which serves the county in which the applicant resides, the county in which the applicant is employed or the county in which the applicant attends school unless the program(s) of residence or employment or school attendance do(es) not object to attendance at another program. In such a case, the program which performs the evaluation and supervision shall retain evidence in the file that the program serving the applicant’s county of residence or employment or school attendance do(es) not object to the attendance at another program.

(2) The applicant shall not be evaluated until all material required in subsection (4) of Rule 15A-10.029, F.A.C., and subsection (4) below has been received by the DUI program. After all required information has been received the program shall notify the client and either schedule or provide instructions for scheduling the psychosocial evaluation.

(3) The client shall be required to provide the program with appropriate releases where applicable to allow for the obtaining of the necessary information.

(4) The DUI program shall utilize in the registration process the Information Sheet Special Supervision Services, HSMV Form 72012, incorporated by reference in Rule 15A-10.043, F.A.C.; Statement of Abstinence by Applicant, HSMV Form 77014, incorporated by reference in Rule 15A-10.043, F.A.C.; Personal History Form, HSMV Form 77015, incorporated by reference in Rule 15A-10.043, F.A.C.; Request to Release or Obtain Information, HSMV Form 77011, incorporated by reference in Rule 15A-10.043, F.A.C.; Florida Department of Law Enforcement Request, HSMV Form 77017, incorporated by reference in Rule 15A-10.043, F.A.C.; Client Rights/Appeal Process, HSMV Form 77018, incorporated by reference in Rule 15A-10.043, F.A.C.; and Request for Information from Driver License Records, HSMV Form 73250, incorporated by reference in Rule 15A-10.043, F.A.C., to request the driver history record or secure same through electronic retrieval. In addition, the program may require the applicant to further document abstinence. The DUI program shall utilize, for this purpose, the Statement of Abstinence from References, HSMV Form 77019, incorporated by reference in Rule 15A-10.043, F.A.C. Information secured by the DUI program from a third party shall not be released to the Department of Highway Safety and Motor Vehicles or other agencies. As appropriate a specific release form in accordance with 42 U.S.C. 290dd-2, and Chapter 397, F.S., shall be completed to allow the DUI program to release this information.

(5) Prior to the psychosocial evaluation, the DUI program shall schedule administration of the Driver Risk Inventory (DRI), the Minnesota Multi Phasic Personality Inventory (MMPI), or a Department approved objective test.

(6) In order to assist the DUI program in making its recommendation concerning the applicant’s eligibility for a restricted license, an evaluation shall be conducted by a certified Special Supervision Services Evaluator. The following shall be included:

(a) Face to face interview and the completion of the Psychosocial Evaluation, HSMV Form 77020, incorporated by reference in Rule 15A-10.043, F.A.C.

(b) An analysis and summary of substance abuse treatment, mental health treatment, medical treatment and previous DUI program records.

(c) The complete driver history record. Manual requests shall be processed on the Request for Information from Driver License Records, HSMV Form 73250.

(d) Arrest and conviction records for the purpose of obtaining information on any substance abuse related violations. The DUI program shall use the Florida Department of Law Enforcement Request, HSMV Form 77017, to obtain this information from FDLE upon payment of the applicable fee.

(e) Results of chemical testing or evidence of the refusal or the failure to take such test(s) when required. Refusal or failure to submit to chemical testing upon request shall result in a denial by the program. Chemical testing shall be completed on all applicants to Special Supervision Services at some time during the period from the payment of the registration fee to the issuance of the license by the Department. If accepted, the client shall be required to submit to chemical testing at the request of the program at least once and no more than twice per year unless the rationale for more frequent testing is documented in the client file.

1. For chemical testing services, DUI programs shall contract with a laboratory, or a collection site which is contracted with a laboratory, licensed in forensic toxicology by the Agency for Health Care Administration, Department of Lab Licensure. The contract with the collection site shall require that the protocol for Drug Free Workplace chemical testing, as stipulated in Chapter 59A-24, F.A.C., is followed by both the collection site and the laboratory.

2. Applicants shall be informed at application of the chemical testing requirements and the methods for such testing. Active clients who have received a license prior to January 1, 1994, shall be apprised of these requirements by the DUI program. Any such chemical test shall be conducted at the expense of the applicant or client. Refusal to submit to chemical testing by any applicant or client will automatically result in a recommendation of denial or cancellation.

3. Where the DUI program is also the collection site, it shall have a contract with the appropriately licensed lab which requires the protocol as required in subparagraph 1., above.

4. When the DUI program requires chemical testing for alcohol or other drugs at a designated facility, the program shall provide the applicant or client with the Referral for Required Chemical Testing, HSMV Form 77021, incorporated by reference in Rule 15A-10.043, F.A.C. The DUI program may contact the applicant or client by telephone to require the client to report for chemical testing. If this requirement is made by telephone, the DUI program person making such request shall document this request on the Client Tracking Form, HSMV Form 77003.

5. The DUI program shall notify the Department of any confirmed positive test report of alcohol or drug use by the applicant or the client by the end of the next business day.

(7) After completion of the psychosocial evaluation, the program’s clinical supervisor or program director shall review all documentation and determine when an applicant’s file is complete. After review of the file, the supervisor may determine that additional supporting documents and information are required. Interviews with significant others, as identified by the client, such as a mother, wife, husband, may be requested at any time during the evaluation process.

(8) When the evaluation process is complete, the results shall be forwarded to a staffing committee at the DUI program which shall be composed minimally of the Special Supervision Services Evaluator conducting the evaluation and the clinical supervisor.

(9) The staffing committee shall decide on a case management plan as well as the imposition of any other requirements that the client, if granted a restricted license, must fulfill to successfully continue in the program.

(10) If an applicant does not complete the application process, the DUI program shall maintain the application as active for a period of six months from the date of last contact. Such record shall minimally include the applicant’s name, address, date of birth, driver license number, reason application was not completed, and Screening Form, HSMV Form 77013. The DUI program shall use the Letter of Incomplete Application, HSMV Form 77022, incorporated by reference in Rule 15A-10.043, F.A.C., which shall indicate that the applicant failed to complete the application process, thereby precluding any recommendation by the DUI program. If the applicant chooses to reactivate the application process at anytime after the six months, the entire fee shall be repaid, including the state assessment fee.

(11) In cases where the applicant is not recommended for the restricted license, the DUI program shall provide written notification to the applicant including the reasons for the denial and information regarding the appeal process. Any applicant who is denied shall have the right to reapply provided all statutory requirements are met, including the minimum applicable period of abstinence. The reapplication process shall include the administration of a complete psychosocial evaluation, including an objective test, unless the reapplication occurs within six months of the original psychosocial evaluation. The entire fee may be charged for reapplication after six months. In the event of a reapplication within six months, the fee to review the HSMV and FDLE records, the psychosocial evaluation, and any treatment records completed since the original application shall not exceed $75.

(12) All application requirements shall be completed prior to forwarding the results of the evaluation to the Department. The DUI program shall utilize the Letter of Recommendation, HSMV Form 77023, incorporated by reference in Rule 15A-10.043, F.A.C., when forwarding the results to the Department.

(13) After the applicant is admitted to the program, evidence of failure to maintain abstinence or failure to meet the program’s requirements shall be documented and shall result in a recommendation of immediate cancellation. The client shall be notified in writing of the reason for cancellation and availability of appeal process. The client file shall be retained by the program for the balance of the revocation period except in the case of those on permanent revocation. In such cases the client file shall be retained for a minimum period of ten years.

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 316.193, 322.271, 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.031 SSS Appeal Process

(1) Any applicant wishing to contest a DUI program’s determination of eligibility, unfavorable initial recommendation or a favorable recommendation contingent upon participation in treatment shall be allowed to appeal such recommendation to any other DUI program licensed by the Department in that circuit or any adjacent circuit.

(a) Upon notification that such an appeal has been taken, the original program shall delay notification of the recommendation to the Department until the appeal process is complete.

(b) The DUI program receiving the appeal shall provide the opportunity for a face to face meeting with the applicant.

(c) If the appeal concerns the results of an evaluation, the DUI program reviewing the appeal must conduct its own face to face evaluation.

(d) If the second program supports the original recommendation, such recommendation shall become the final recommendation of the DUI program. If the second program rejects the original recommendation, the final decision shall be made by the Department.

(e) If the second program disagrees with the determination or recommendation by the original program, the second program shall notify the applicant and the original DUI program in writing. The second program shall also submit all documentation to the Bureau of Administrative Review office which conducted the reinstatement hearing.

(2) Any client in the program who wishes to contest an unfavorable recommendation of termination by the DUI program shall be allowed to appeal such recommendation to any DUI program licensed by the Department in that circuit or any adjacent circuit, excluding its own program. However, the DUI program shall not delay notification to the Department of its termination recommendation pending such appeal.

(a) The DUI program reviewing the appeal shall review all the written documentation related to the issue or issues resulting in termination.

(b) The DUI program reviewing the appeal shall provide an opportunity for a face to face meeting with the client.

(c) If the appeal concerns the results of an evaluation, the DUI program reviewing the appeal must conduct its own face to face evaluation.

(d) If the second program disagrees with the recommendation of termination, the final decision shall be made by the Department.

(e) If the second program disagrees with the recommendation by the original program, the second program shall notify the client and the original DUI program in writing. The second program shall also submit all documentation to the Bureau of Administrative Review office which conducted the reinstatement hearing.

(3) If an applicant is given an adverse original recommendation or a client is recommended for termination based on a positive result of a chemical test for alcohol or other drugs, the program shall be required to have contracted with a laboratory, or a collection site which has contracted with a laboratory, licensed in forensic toxicology by the Agency for Health Care Administration and follow the protocol of the Drug Free Workplace as referenced in Chapter 59A-24, F.A.C. At the applicant’s or client’s request a second test, on the same sample, shall be conducted at a laboratory selected by the applicant or client and at the expense of the applicant or client. The laboratory must be licensed in forensic toxicology by the Agency for Health Care Administration and shall conduct such test in accordance with the Drug Free Workplace protocol.

(4) Any program, in relation to which participation in the appeal process would result in financial hardship, may apply to the Department for an exception to participation. The Department shall grant such exception if the program’s expenses in conducting the appeal process exceed its revenue from such process by 50% or more over a six (6) month period. However, no waiver shall be granted if SSS in its entirety has revenues that equal or exceed expenses.

(5) The following time periods apply:

(a) The applicant or client has 10 days to notify the first DUI program in person of the intention to appeal after receiving notification in writing from the first program of the decision to deny or cancel. The applicant or client shall then sign a release of information form allowing the relevant information to be sent to the second DUI program hearing the appeal.

(b) The first program shall have 20 days to forward all relevant material to the second program.

(c) Upon receipt the second program shall review the information to determine what, if any, additional information shall be necessary for completion of the process. The applicant or client is notified by the second program to complete Application for Appeal, HSMV Form 77024, incorporated by reference in Rule 15A-10.043, F.A.C., to pay fees, and schedule a meeting. The meeting may include a face to face evaluation unless it does not relate to the issue(s) raised in the appeal and shall be held within 30 days of the date of the latest receipt of information from the first program or the date the second program notifies the applicant or client, whichever is later. Whether there is a face to face evaluation, the applicant or client shall be given the opportunity to present information in person to the second program. If the applicant or client fails to contact the second program within 30 days of notification to complete HSMV Form 77024, the first program is notified of same with a copy sent to the applicant or client and the right to appeal is waived. If the applicant or client contacts the second program, sets an appointment to complete paperwork, pay fees, schedules a meeting or evaluation but fails to attend or reschedule that appointment, the first program is notified of same by the second program at the end of the 30 day period and the right to appeal is waived. In all cases, the meeting or evaluation must be held within 30 days from the date of the latest receipt of information from the first program or the date the second program notifies the applicant or client, whichever is later.

(d) The second program shall make a recommendation to the applicant or client in writing within 20 days of the meeting or evaluation.

(e) When both DUI programs agree on a cancellation, the second program notifies the client and the first program of the decision in writing. When both programs agree in the case of a denial, the second program notifies the first program of its decision. The first program notifies the Department via the Letter of Recommendation, HSMV Form 77023 and the client in writing. In all cases, the client is to receive notification within 20 days of the date of the meeting or evaluation.

(f) Within 30 days of notification of disagreement by the second program, the hearing officer must meet with the applicant or client, conduct a hearing, gather and summarize all information and forward to the DUI Programs Section.

(g) The DUI Programs Section will review all material, and shall consult with the hearing officer and the DUI programs involved and, within 50 days, render a recommendation to the hearing officer. The hearing officer shall mail the signed Final Order Denying Appeal, HSMV Form 77052, incorporated by reference in Rule 15A-10.043, F.A.C., or Final Order Granting Appeal, HSMV Form 77053, incorporated by reference in Rule 15A-10.043, F.A.C., to the applicant or client within 10 days with copies to both DUI programs involved. This notification is to be retained in the applicant’s or client’s file by the DUI program until the end of the revocation period.

(h) If the Department reverses the recommendation for cancellation or denial, the client shall be served by the DUI program licensed in the client’s county of residence, employment, or school attendance unless that program does not have any objection to the client attending another program.

(6) If the applicant or client wishes to contest the final decision of the Department a writ of certiorari may be filed in circuit court within thirty (30) days in accordance with Section 322.31, F.S.

(7) The applicant or client shall waive the right to appeal if notification of such is not given in person to the original program within 10 days in relation to the appeal process. Once notification of intent to appeal is made by the applicant or client, the right to proceed with the appeal is waived if the applicant or client does not schedule an appointment for a meeting or evaluation with the second program within the 30 day period referenced in paragraph (5)(c) above. All times shall begin from the date of completion of the preceding step, not including that date, and shall extend to the first day after the expiration of the time period which is not a weekend or holiday. The Department shall have the authority to waive any appeal process time period deadline which has not been followed as a result of action or inaction by the DUI program and has caused the applicant or client to not proceed with the appeal process.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.032 SSS Case Management Plan

(1) A case management plan shall be determined after consideration of the initial psychosocial evaluation, and may be revised after consideration of further information obtained from any subsequent visits.

(2) The DUI program shall utilize the Periodic Update, HSMV Form 77025, incorporated by reference in Rule 15A-10.043, F.A.C., for each supervision visit to record the results of that session. Under no circumstances shall supervision be conducted in a group setting.

(3) If the client is referred for alcohol and drug treatment while in supervision, the DUI program shall utilize the SSS Treatment Referral Form, HSMV Form 77026, incorporated by reference in Rule 15A-10.043, F.A.C., and the Request to Release or Obtain Information, HSMV Form 77011, incorporated by reference in Rule 15A-10.043, F.A.C., shall be completed, a copy retained in the file and updated when appropriate. The client shall be given a listing of approved providers with identifying information on location, fees, intake procedures and criteria for admission. The client shall be free to choose the treatment agency.

(4) Arrest and driving records shall be obtained every six months utilizing Florida Department of Law Enforcement Request, HSMV Form 77017 and Request for Information from Driver License Records, HSMV Form 73250.

(5) The case management plan shall document the following:

(a) Relapse indicators.

(b) Documentation of continued participation in any required treatment or twelve step self help groups.

(c) Reported criminal and driving arrests and convictions.

(d) Employment status.

(e) Information gathered through personal contact with significant others, as defined by the client, such as a mother, father, or husband.

(f) Any additional factors identified by the program.

(6) The clinical supervisor shall:

(a) Provide a minimum of two hours of face to face individual clinical supervision per month to full time Special Supervision Services Evaluators (SSSE), who provide a minimum of 80 hours per month of SSSE time.

(b) Provide a minimum of one hour of face to face individual clinical supervision per month to part time SSSE’s who provide less than 80 hours per month of SSSE time.

(c) Observe a periodic update or evaluation or review a recording of such at least once every six months.

(d) Review a minimum of three client case records at least monthly.

(7) Where the clinical supervisor has conducted the Special Supervision Services psychosocial evaluation, a case management plan shall be developed with a case staffing committee which will minimally include another certified DUI evaluator, a certified DUI clinical supervisor or Special Supervision Services evaluator.

(8) Clinical supervisors who carry a Special Supervision Services caseload shall be observed by a certified DUI clinical supervisor, a certified DUI evaluator or a certified DUI Special Supervision Services evaluator at least once every six months.

(9) Documentation of all clinical supervision requirements shall be retained by the DUI program. If the Special Supervision Services Evaluator also provides evaluator services, this requirement is not in addition to that provided in subsection 15A-10.027(8), F.A.C. Rather SSS cases should be included in that clinical supervision.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.033 SSS Military Leave

In the event a client in the Special Supervision Services is called to active military duty or assigned temporary duty outside Florida which would interrupt participation in the program, the client may continue in the program for up to 12 months in an interim status without strictly complying with program requirements. In such cases the following procedures shall be observed:

(1) The restricted driver license shall be retained during the period of the interim status.

(2) Applicable fees and record checks shall be suspended for the interim period.

(3) The DUI program shall utilize the Request to Release or Obtain Information, HSMV Form 77011, signed by the client to allow for the exchange of information with the client’s commanding officer.

(4) The DUI program shall utilize the Monthly Update, HSMV Form 77032, incorporated by reference in Rule 15A-10.043, F.A.C., to be completed by a commanding officer, or that officer’s designee, and submitted monthly to the DUI program. Any incident of substance use shall also be reported on this form. The program may terminate participation in the program when such form is not received within 30 days of the end of the month in which the form is due.

(5) The client shall contact the DUI program within 10 calendar days of return to Florida. Failure to contact the program within 10 calendar days shall result in termination from the program. Reapplication shall be as set out in Rule 15A-10.030, F.A.C.

(6) Upon return to the program the following shall occur:

(a) The psychosocial evaluation shall be updated to reflect the current status at no fee.

(b) The client shall revert to a minimum of three visits in the first three months following the return and thereafter be reinstated into the program at the level attained prior to being placed on interim status.

(c) The client shall submit to all required chemical tests.

(d) The client shall comply with any program requirements necessary to update the client’s file and shall resume paying monthly fees.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.034 SSS Frequency of Appointments

(1) All clients shall be required to report for individual supervision at least once a month for the first twelve months after acceptance by the Department. The first appointment shall be conducted during the calendar month immediately following the date of the acceptance letter issued by the Department. Appointments shall be documented on the Appointment Receipt, HSMV Form 77028, incorporated by reference in Rule 15A-10.043, F.A.C. After the initial year, frequency of supervision shall be based on the recommendation of a formal staffing which shall consider gains and outcomes of treatment services, demonstrated behaviors indicating client’s progress and consistency. The DUI program shall utilize the Client Annual Review Form, HSMV Form 77029, incorporated by reference in Rule 15A-10.043, F.A.C., and the Staff Annual Review Form, HSMV Form 77030, incorporated by reference in Rule 15A-10.043, F.A.C., for the formal staffing. The reasons for the recommendation shall be documented in the client file. The staffing must minimally include the evaluator/supervisor and the clinical supervisor. The date of acceptance by the Department becomes the anniversary date for the purpose of determining the frequency of supervision appointments unless the required number of appointments have not been attended by that date in the following year. In such cases, the anniversary date shall be the date upon which the required number of appointments have been met.

(2) In the second year, the client shall be seen a minimum of once every other month. Third and fourth year clients shall be seen at least once each calendar quarter. After the fourth year a client shall be seen at least three times a year with the exception of those under permanent revocation.

(3) In no event, shall there be a period of less than 20 days or more than 40 days between appointments for clients who must be seen on a monthly basis. In relation to clients that must be seen every other month, in no event shall there be a period between appointments of less than 45 days or more than 75 days. For clients who must be seen once each calendar quarter, in no event shall there be a period between appointments of less than 60 days or more than 120 days. For clients that are to be seen three times a year, in no event shall there be a period between appointments of less than 90 days or more than 150 days.

(4) Florida residents who are already accepted into the Special Supervision Services, and are required by their employment or a documented family emergency to live outside of Florida, may continue in the program for a total maximum period of twelve (12) months, in an interim status without strictly complying with program requirements. Florida residents who are already accepted into SSS and are required to live outside the program area within Florida may continue to participate in the program where they were accepted, under such terms as that program may require for up to a maximum of sixty (60) days during the revocation period. A client may appeal denial of interim status as provided in Rule 15A-10.031, F.A.C. Clients living outside the program area within Florida for longer than sixty (60) days, shall be transferred to the program serving the area of relocation in accordance with the provisions of Rule 15A-10.037, F.A.C. The following procedures shall be followed for clients approved for interim status participation:

(a) The client shall provide the DUI program documentation from his employer, if not self-employed, of the required employment outside of Florida including the anticipated length of such employment.

(b) The DUI program shall obtain from the client the anticipated departure date, out-of-state address, employment information and telephone number where he may be contacted.

(c) The DUI program shall utilize the Monthly Update, HSMV Form 77032, incorporated by reference in Rule 15A-10.043, F.A.C., which shall be completed by the employer, or, if self-employed, three forms by business persons, law enforcement officers or judicial officers.

(d) The client shall provide to the DUI program an arrest record from the county of temporary residence every ninety (90) days.

(e) The restricted driver license shall be retained during the period of the interim status.

(f) The SSS fee will remain in effect during the interim period.

(g) The DUI programs shall utilize the Request to Release or Obtain Information, HSMV Form 77011 to allow for the exchange of information.

(h) The responsibility for supervision sessions or required treatment for SSS clients shall not be transferred to another state.

(i) The client shall contact the DUI program within ten (10) calendar days of return to Florida.

(j) Failure of the client to comply with any of the above procedures may result in termination from the program. Reapplication shall be as set out in Rule 15A-10.030, F.A.C.

(k) Upon return to regular status in the program the following shall occur:

1. The psychosocial evaluation shall be updated to reflect the current status at no fee.

2. The client shall revert to a minimum of three visits in the first three months following the return and thereafter be reinstated into the program at the level attained prior to being placed on interim status.

3. The client shall submit to all required chemical tests.

4. The client shall comply with any program requirements necessary to update the client’s file.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.02, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.035 SSS Missed Appointments

(1) Any client failing to appear for a scheduled supervision appointment shall be notified of the missed appointment by certified mail by the end of the following business day. Failure to receive such notice shall not negate the client’s responsibility to contact the program to reschedule the missed appointment. Failure to contact the program within five (5) business days after the missed appointment for the purpose of rescheduling the appointment shall result in notification to the Department of the client’s failure to comply with program requirements.

(2) The client shall be responsible for rescheduling the missed appointments. An Appointment Receipt, HSMV Form 77028, shall be issued for all rescheduled appointments. If possible, the client should be rescheduled for the same month in which a previously scheduled appointment was missed. If the same month rescheduling is not possible, the client shall be rescheduled for two appointments in the succeeding month for those on monthly supervision. The rescheduling of a missed appointment should not affect any subsequently scheduled appointments and in no case shall result in attendance at less than the required number of appointments for a given year. Notwithstanding any of the foregoing, the DUI program shall have the discretion to space the missed appointments outside the normal schedule in the interest of effective supervision.

(3) If the client misses two consecutive appointments, the program shall recommend cancellation of the license unless the client has good cause for missing the appointment. Good cause is defined as natural disaster, death in the immediate family, or illness documented by the attending physician. The DUI program shall notify the Department when the client misses two consecutive appointments on the Letter Recommending Cancellation, HSMV Form 77027, unless good cause is documented.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.036 SSS Violation of Restricted Licenses

Any violation by a Special Supervision Services client of the Department’s terms and provisions of a restricted license, with the exception of substance use, shall, upon conviction, result in a revocation of such license. Reapplication for the reinstatement by the client may be made after a period of 6 months from the date the revocation order was issued provided that the applicant has remained continuously in the Special Supervision Services for the 6 months immediately preceding. If the client is convicted on a second violation of the restricted license a recommendation for permanent cancellation from the Special Supervision Services shall be issued.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292 FS. History–New 1-4-95.

Fla. Admin. Code R. 15A-10.037 SSS Transfer Procedure

(1) When a client is transferred from one DUI program to another as a result of change in employment, residence, or other reason, the complete original file shall be sent by certified mail, return receipt requested to the receiving program. The DUI program shall utilize the Client Transfer Record, HSMV Form 77009, incorporated by reference in Rule 15A-10.043, F.A.C.; a fully executed Request to Release or Obtain Information, HSMV Form 77011, shall accompany the original file to the receiving program. The transferring program shall maintain a copy of the entire file for its records until the end of the revocation period. A copy of the Client Transfer Record, HSMV Form 77009, shall be sent to the Department by the transferring program as notice of the transfer.

(2) If the client fails to report in person to the receiving program within 15 calendar days from the date of client’s signature on the release of information form, the receiving program shall recommend cancellation of the restricted license to the Department.

(3) The DUI program may charge the standardized, Department approved transfer fee.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.271, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.038 SSS Fees

(1) The fees approved by the Department shall be $25.00 for the eligibility screening, $286.00 for the initial evaluation and $55.00 for supervision sessions. If the applicant meets the criteria for eligibility, the $25.00 fee will be applied toward the initial evaluation fee of $286.00. If the applicant does not meet the criteria, the $25.00 fee is retained by the program. The fee of $286.00 shall include the state assessment fee paid to the Department at registration and on an annual basis, and the applicable fees for receipt of the driving and Florida Department of Law Enforcement records. The state assessment fee shall be collected on each anniversary date of the client’s original application in addition to the $55.00 supervision session fee. The state assessment shall be submitted to the Department within thirty (30) days following the last day of the month in which the assessment was collected. The state assessment shall be submitted with a completed Assessment Fee Report Form, HSMV Form 77007. All fees shall be nonrefundable and not subject to waiver. Any subsequent requests for fee increases will be subject to the approval of the Department.

(2) The appeal process fees approved by the Department shall reflect the actual administrative cost of the process. If the process involves the conducting of a complete psychosocial evaluation, the fee shall not exceed $150.00; in all other cases, including a reapplication within six months, the fee shall not exceed $75.00.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.039 SSS Referrals to Treatment

(1) The DUI Special Supervision Services shall consider the treatment referral criteria established for the Level I and Level II clients in assessing SSS clients. Referral to treatment shall also be indicated if one or more of the following three criteria are met:

(a) Applicant reports abstinence but cannot provide corroboration of stated abstinence.

(b) Prior treatment requirements from the DUI program or the court were never completed.

(c) The applicant or client indicates significant life problems that may jeopardize abstinence.

(2) The DUI program shall not refer any person applying for a restricted permit under the Special Supervision Services to its own treatment provider, unless a waiver is granted by the Department through use of the Application for Treatment Waiver, HSMV Form 77050.

(3) Twelve step programs and self-help groups shall not be utilized by the DUI program in lieu of a referral to treatment but may be utilized as a continuing support system. The treatment provider may also refer the applicant or client to twelve step programs and self-help groups.

(4) The DUI program must secure documentation from the treatment provider. That documentation must meet the following conditions:

(a) It must be from a DCF licensed treatment provider pursuant to Chapter 397, F.S., or exempt from licensure. A copy of the current license must be on file with the DUI program. If the DCF license has expired and the current license is unavailable, a letter must be secured from the district DCF office stating the provider is in good standing and holds current licensure. Documentation of licensure exemption must be on file with the DUI program.

(b) It must be on appropriate letterhead stationery.

(c) It must be an original document addressed to the DUI Special Supervision Services.

(d) It must address alcohol or other drug issues as the major focus of treatment.

(e) It must be submitted monthly to the DUI program if the client is still actively in treatment.

(f) If treatment documentation indicates that the person has been seen only by a treatment provider for the purpose of prescribing or reviewing medication and not receiving alcohol or other drug treatment, then referral to a licensed provider may be made to determine the need for treatment.

(5) In the event further resolution of clinical issues is seen as necessary by the DUI program, the applicant or client is to be referred to an appropriate facility for resolution of the identified clinical issues.

(6) Any treatment provider involved with an applicant or client shall inform the DUI program upon learning that the applicant or client has not remained abstinent or has been driving for reasons other than stated on the license.

(7) The criteria in subsection (1) above shall be followed except in those cases where prudent clinical judgment would suggest an alternative disposition. In such cases, documentation should clearly reflect the relevant clinical issues leading to the alternative disposition.

(8) When treatment is required by the DUI program, the applicant must receive an explanation of the required treatment, and documentation of the treatment requirements shall be entered in the file. The DUI program shall utilize the SSS Treatment Referral Form, HSMV Form 77026, and the Request to Release or Obtain Information, HSMV Form 77011.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.040 Case Monitoring Services

(1) A DUI program may elect to provide case monitoring services for Special Supervision Services applicants.

(a) The program shall not mandate applicant participation.

(b) The fee shall be $55 per session.

(c) Face to face case monitoring sessions shall occur once a month.

(2) Prior to implementation of the service, the Department must be notified in writing and the program must submit proposed procedures, and policies for approval by the Department.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, 3-4-97.

Fla. Admin. Code R. 15A-10.041 Denial, Suspension or Revocation of a DUI Program License or Personnel Certification

(1) The Department is authorized to deny an application for an original or renewal of a DUI program license or personnel certification for any of the following:

(a) Failure to satisfy the required qualifications as provided in Chapter 15A-10, F.A.C.

(b) Failure to submit a complete application form including supporting documentation following notification of any deficiency.

(c) A violation of Chapter 15A-10, F.A.C.

(d) Providing DUI program services without a valid license or certification.

(e) Current abuse of alcohol or other drugs by an applicant for certification.

(f) Prior revocation of such license or certification by the Department.

(g) Refusal to comply with the application procedures required by these rules following notification of any deficiency.

(2) The Department is authorized to suspend any DUI program license or personnel certification for any of the following:

(a) A violation of any state or Federal law applicable to the operation of a DUI program.

(b) Conviction for an alcohol or drug related offense of a DUI program manager or certified personnel unless the program takes action to ensure that program services are not adversely affected.

(c) Any violation of Chapter 15A-10, F.A.C.

(d) Mental incapacitation of the DUI program manager or certified personnel.

(e) Current abuse of alcohol or other drugs by certified personnel.

(f) Refusal to provide any documentation or information requested by the Department.

(3) The Department is authorized to revoke a DUI program license or personnel certification for any of the following:

(a) A violation of any state or Federal law applicable to the operation of a DUI program.

(b) Any second or subsequent suspension of a DUI program license or personnel certification.

(c) Obtaining a DUI program license or personnel certification by fraud or misrepresentation.

(d) Obtaining or assisting a person to obtain a drivers license by fraudulent means.

(e) Providing DUI program services while the DUI program license or personnel certification is under suspension.

(4) Suspension, decertification or revocation shall become effective on the date indicated by the Department’s order.

(5) If the Department finds that immediate serious danger to the public health, safety, or welfare exists, the Department is authorized to summarily suspend the license of any DUI program or any personnel certification without preliminary hearing pursuant to Section 120.60(6), F.S.

(6) Any DUI program license or personnel certification which is suspended or revoked must be surrendered to the Department upon request.

(7) Except as otherwise provided in this rule, prior to final Department action denying, suspending, or revoking a DUI program license or personnel certification, the DUI program or person shall have the opportunity to request a formal or informal administrative hearing to show cause why the action should not be taken.

(8) Any individual who is currently enrolled and has not completed a DUI course or service program which is subsequently suspended shall receive a refund from the program, less the state assessment fee, and the individual shall have the opportunity to secure the services at another licensed program. The state assessment fee shall not be repaid in this situation.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 120.57, 120.60, 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.042 Complaints

(1) Any complaint against a DUI program must be submitted to the Department in writing. The Department and all DUI programs shall provide to the complainant upon request a Driving Under the Influence Programs Complaint Form, HSMV Form 77054, incorporated by reference in Rule 15A-10.043, F.A.C., upon request.

(2) Every written complaint shall result in a completed Client Complaint Resolution Form, HSMV Form 77055, incorporated by reference in Rule 15A-10.043, F.A.C.

History

• Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.

Fla. Admin. Code R. 15A-10.043 Forms

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 DUI Programs Section, Neil Kirkman Building, Tallahassee, Florida 32399-0571.

(1) The following forms are not provided in volume by the Department rather the DUI program shall use forms in the same format and content:

(a) Ancillary Fee Request Form HSMV Form 77002 (effective 01-01-94, rev. 01-07-97);

(b) Client Tracking Form HSMV Form 77003 (effective 01-01-94, rev. 01-07-97);

(c) Client Data Information and Interview HSMV Form 77004 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(d) Treatment Referral and/or Documentation HSMV Form 77005 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(e) Notice of Change Form HSMV Form 77006 (effective 01-01-94, rev. 01-07-97);

(f) Assessment Fee Report Form HSMV 77007 (effective 01-01-94, rev. 6/94, 01-07-97);

(g) Student Observation/Incident Report HSMV Form 77008 (effective 01-01-94, rev. 01-07-97);

(h) Client Transfer Record HSMV Form 77009 (effective 01-01-94, 01-07-97);

(i) Instructor Evaluation Report HSMV Form 77010 (effective 01-01-94, rev. 01-07-97);

(j) Request to Release or Obtain Information HSMV Form 77011 (effective 01-01-94, rev. 01-07-97);

(k) Information Sheet Special Supervision Services HSMV Form 77012 (effective 01-01-94, rev. 01-07-97);

(l) Screening Form HSMV Form 77013 (effective 01-01-94, rev. 01-07-97);

(m) Statement of Abstinence by Applicant HSMV Form 77014 (effective 01-01-94, rev. 01-07-97);

(n) Personal History Form HSMV Form 77015 (effective 01-01-94, rev. 01-07-97);

(o) Incident Log HSMV Form 77016 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(p) Florida Department of Law Enforcement Request HSMV Form 77017 (effective 01-01-94, rev. 01-07-97);

(q) Client Rights/Appeal Process HSMV Form 77018 (effective 01-01-94, rev. 01-07-97);

(r) Statement of Abstinence from References HSMV Form 77019 (effective 01-01-94, rev. 01-07-97);

(s) Psychosocial Evaluation HSMV Form 77020 (effective 01-01-94, rev. 01-07-97);

(t) Referral for Required Chemical Testing HSMV Form 77021 (effective 01-01-94, rev. 01-07-97);

(u) Letter of Incomplete Application HSMV Form 77022 (effective 01-01-94, rev. 01-07-97);

(v) Letter of Recommendation HSMV Form 77023 (effective 01-01-94, rev. 01-07-97);

(w) Application for Appeal HSMV Form 77024 (effective 01-01-94, rev. 01-07-97);

(x) Periodic Update HSMV Form 77025 (effective 01-01-94, rev. 01-07-97);

(y) SSS Treatment Referral Form HSMV Form 77026 (effective 01-01-94, rev. 01-07-97);

(z) Letter Recommending Cancellation HSMV Form 77027 (effective 01-01-94, rev. 01-07-97);

(aa) Appointment Receipt HSMV Form 77028 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(bb) Client Annual Review Form HSMV Form 77029 (effective 01-01-94, rev. 01-07-97);

(cc) Staff Annual Review Form HSMV Form 77030 (effective 01-01-94, rev. 01-07-97);

(dd) Feedback HSMV Form 77031 (effective 01-07-97);

(ee) Monthly Update HSMV Form 77032 (effective 01-01-94, rev. 01-07-97); and,

(ff) Guidelines for Advanced Training HSMV Form 77033 (effective 09-95, rev. 01-07-97).

(2) The following forms are provided by the Department and must be original forms:

(a) DUI Program License HSMV Form 77034 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(b) Application for Licensure as a Driving Under the Influence (DUI) Program HSMV Form 77035 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(c) Driving Under the Influence License Renewal Form HSMV Form 77036 (effective 01-01-94, rev. 06-95, 01-07-97);

(d) Facility Inspection Form HSMV Form 77037 (effective 01-01-94, rev. 01-07-97);

(e) Compliance Review HSMV Form 77038 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(f) Site Visit Report HSMV Form 77039 (effective 01-01-94, rev. 01-07-97);

(g) Student Status Report HSMV Form 77057 (rev. 9/90, 1/97);

(h) Interstate DUI Transfer Form HSMV Form 77040 (effective 01-01-94, rev. 01-07-97);

(i) Preservice Instructor Training Documentation HSMV Form 77041 (effective 01-01-94, rev. 01-07-97);

(j) Application for DUI Personnel Certification HSMV Form 77042 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(k) Temporary Certificate HSMV Form 77043 (effective 01-01-94, rev. 01-07-97);

(l) Standard Certificate HSMV Form 77044 (effective 01-01-94, rev. 06-95);

(m) Application for Provider Status HSMV Form 77045 (effective 01-01-94, rev. 01-07-97);

(n) Individual Training Event HSMV Form 77046 (effective 01-01-94, rev. 01-07-97);

(o) Training Documentation HSMV Form 77047 (effective 01-01-94, rev. 01-07-97);

(p) Application for Conference Approval HSMV Form 77048 (effective 01-01-94, rev. 06-95);

(q) Criteria Checklist for Level II Curricula HSMV Form 77049 (effective 01-01-94, rev. 05-06-94, 01-07-97);

(r) Application for Treatment Waiver HSMV Form 77050 (effective 01-01-94, rev. 06-95);

(s) Quarterly Treatment Referral Report HSMV Form 77051 (effective 01-01-94, rev. 01-07-97);

(t) Request for Information from Driver License Records HSMV Form 73250 (rev. 6/89, 5/95);

(u) Final Order Denying Appeal HSMV Form 77052 (effective 01-01-94, rev. 01-07-97);

(v) Final Order Granting Appeal HSMV Form 77053 (effective 01-01-94, rev. 01-07-97);

(w) Driving Under the Influence Programs Complaint Form HSMV Form 77054 (effective 01-01-94, rev. 01-07-97);

(x) Client Complaint Resolution Form HSMV Form 77055 (effective 01-01-94, rev. 06-95, 01-07-97); and,

(y) Treatment Provider Information, HSMV Form 77056 (effective 01-07-97).

History

• Rulemaking Authority 322.02, 322.292, 322.293 FS. Law Implemented 322.02, 322.292, 322.293 FS. History–New 1-4-95, Amended 3-4-97.

Chapter 15A-11 Driver Training School

Fla. Admin. Code R. 15A-11.001 Definitions

(1) Agent – A person who holds a valid identification card issued by the Department, pursuant to Chapter 488, F.S., indicating the individual is an agent for the CDS, or CTDS, and is authorized by the school to solicit on its behalf.

(2) Commercial Driving School (CDS) – A school licensed by the Department pursuant to Chapter 488, F.S., which is authorized to engage in driving instruction.

(3) Commercial Driving School License – A license issued to a school by the Department pursuant to Chapter 488, F.S., indicating that the school is authorized to engage in driving instruction.

(4) Commercial Motor Vehicle Driver Instructor Training Course (CMV-DITC) – A Traffic Safety Education Course for commercial truck driver instructors.

(5) Commercial Truck Driving School (CTDS) – A school licensed by the Commission for Independent Education pursuant to Chapter 1005, F.S., which is authorized to engage in commercial motor vehicle driving instruction.

(6) Commission for Independent Education (CIE) – The Commission for Independent Education established by Chapter 1005, F.S. which establishes criteria for commercial truck driving schools.

(7) Department – The Department of Highway Safety and Motor Vehicles, Bureau of Driver Education and DUI Programs. The Department licenses the CDS and both CDS and CTDS instructors and agents, but not CTDS schools.

(8) Driver Instructor Training Course (DITC) – A Traffic Safety Education Course for driving instructors.

(9) Driving Instruction – Any activity for compensation related to on the road or classroom driving education.

(10) Driving Instruction Contract – A written agreement between a CDS and each of its students to provide driving instruction.

(11) Driver License Office – A driver licensing facility operated by or under the authority of the Division of Motorist Services or local Tax Collector.

(12) Immediate Family Member – A person’s spouse, parents, grandparents, brothers, sisters and children, or the spouse’s parents, grandparents, brothers, sisters and children.

(13) Instructor – A person who holds a valid instructor certificate and engages in driving instruction on behalf of a commercial driving school licensed by the Department or the CIE.

(14) Instructor Certificate – An instructor certificate issued to an individual instructor by the Department, pursuant to Chapter 488, F.S., indicating the individual is an instructor for a specific commercial driving school or commercial truck driving school.

(15) Owner – The person or corporation who has the controlling financial interest of the CDS.

(16) School Vehicle – A vehicle owned or leased by the CDS or CTDS that is registered with the Department to provide driving instruction.

(17) Student – A person who receives driving instruction from a CDS or CTDS.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.002 General Regulations

(1) No employee of the Department or immediate family member of a Department employee shall be connected in any capacity with any CDS or CTDS in accordance with Section 112.313(7), F.S.

(2) A CDS shall not indicate that its program is in any way endorsed by the Department, except to say that it is “licensed.”

(3) A CDS shall not utilize advertising that indicates, in any way, the school can issue or guarantee the issuance of a driver license or imply that the CDS can in any way influence the Department in the issuance of a driver license, or imply preferential or advantageous treatment from the Department can be obtained.

(4) The CDS must notify the Department in writing within ten (10) days of any change in the school owner’s name, the school owner’s address, the school’s name, or the school’s principal place of business address or telephone number.

(5) A duplicate school license or vehicle registration may be issued to a school by submitting a request to the Department on a completed form HSMV 77074S (Rev. 9/10), which is available as provided in Rule 15A-11.012, F.A.C. An affidavit stating that the original document was physically destroyed or lost must accompany the form HSMV 77074S (Rev. 9/10). The fee for issuance of a duplicate certificate shall be two dollars ($2).

(6) All instructors shall ascertain, before giving driving instruction, that the student possesses a valid learner’s permit issued by the Department or another jurisdiction for the purpose of learning how to drive.

(7) A CDS shall sufficiently train its students that do not have a Class “E” driver license to better enable students to safely operate a motor vehicle. The Department may require performance evaluations of a CDS, if the Department determines the school’s driving instruction does not meet this standard.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.003 CDS License Application and Renewal

(1) The Department oversees and licenses all CDS, except CTDS licensed by the CIE. All private (non-public) CTDS are required to be licensed pursuant to Chapter 1005, F.S. No person, group, organization, institution, business entity, or corporate entity may engage in the business of operating a driver’s school without first obtaining a license from the Department or from CIE pursuant to Chapter 1005, F.S.

(2) All owners or all officers or partners, desiring to engage in the business of conducting a CDS shall, prior to engaging in such business, secure a License from the Department by filing an application on form HSMV77074S (Rev. 9/10), which is available as provided in Rule 15A-11.012, F.A.C.

(3) Every owner, officer, or partner of the school shall provide one set of finger prints for a fingerprint-based criminal background check, the cost of which is borne by the applicant.

(4) Every application for a license must be accompanied by a non-refundable application fee of fifty dollars ($50) along with a license fee of two hundred dollars ($200) and shall be paid by money order, certified check or company check, to the Department.

(5) Each original license shall be valid for a period of one year from the date of issuance.

(6) The license shall not be transferable in the event of a change of school ownership. Application for a new license shall be made by the new owner and the old license and all instructor certificates previously issued shall be surrendered to the Department before a license will be issued to the new owner. Additionally, if the school is a previously licensed CTDS, a copy of the new CIE license must be furnished to the Department.

(7) The license or a legible copy must be retained in each place of business operated by the CDS.

(8) A CDS license is only operational at the address listed in the license.

(9) Application for renewal of a CDS license shall be made at least forty-five (45) days prior to the certificate’s expiration date on form HSMV 77074S (Rev. 9/10), which is available as provided in Rule 15A-11.012, F.A.C., and accompanied by a fee of one hundred dollars ($100) payable to the Department by money order, personal check, certified check or company check. The renewal period for a CDS license is one year. Owners who permit their license to expire shall not be permitted to operate their school and shall have to apply for a new license as set forth above.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.01, 488.06 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.004 CDS Instruction Vehicles

(1) No vehicle shall be used for instruction unless the licensee has obtained a school vehicle identification certificate from the Department, unless the student has signed a waiver to use their personal vehicle. The registration shall be carried in the vehicle at all times while driving instructions are being given. When a vehicle is no longer being used by a school, the school shall notify the Department in writing within ten (10) days.

(2) The school must complete the vehicle section of the school application form HSMV77074S (Rev. 9/10) or the vehicle registration form HSMV77071S (Rev. 2/10), which are available as provided in Rule 15A-11.012, F.A.C. The application shall include evidence of sufficient security in accordance with Chapter 324 and Section 627.7275, F.S., as evidence of Financial Responsibility and in compliance with Florida Motor Vehicle No-Fault Law and the Florida Financial Responsibility Law.

(3) Each school shall be required to pay a non-refundable fee of fifteen dollars ($15) payable to the Department by money order, company check or certified check for each motor vehicle being registered. The vehicle registration shall be valid for one year from the date of approval.

(4) Each school must pay the Department a non-refundable fee of ten dollars ($10) for each motor vehicle registration being renewed. The vehicle registration shall be valid for one year from the date of approval.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.05 FS., 49 CFR s. 396.17. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.005 Program of Instruction

(1) All programs of instruction offered by a CDS shall be consistent with and subject to the Florida Uniform Traffic Control Law, Chapter 316, F.S., and the laws concerning licensing of drivers, Chapter 322, F.S.

(2) No CDS or CTDS instructor, employee or agent shall be permitted to use the driving route, on or off the premises, of any driver license examining office during the hours when driving tests are being conducted.

(3) No CDS or CTDS instructor, employee or agent shall accompany any student into a driver license examining office to assist the student during the actual taking of a driver’s license examination.

(4) All instructors shall ascertain, before giving driving instruction, that the student possesses a valid learner’s or instruction permit issued by the Department or another jurisdiction for the purpose of learning to drive.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.01, 322.07, 322.2615 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.006 CDS Instructor Certificate Application and Renewal

(1) All CDS instructors must submit an application and possess a valid instructor’s certificate issued by the Department, which shall be carried in the instructional vehicle at all times while driving instructions are being given. The application shall be on form HSMV 77073S (Rev. 9/10), which is available as provided in Rule 15A-11.012, F.A.C.

(2) Instructor qualifications.

(a) Instructors who teach students having a learner’s or instructional permits shall be at least twenty-one (21) years of age.

(b) Every instructor shall have a valid Class E driver license.

(c) Every instructor must maintain, during any consecutive three year period, a driving record which does not include more than three (3) chargeable motor vehicle crashes or violations as defined in Chapter 316, F.S. Any traffic or other violation resulting in suspension or revocation of the driving privilege will automatically cause the suspension of the instructor’s certificate.

(d) An instructor shall not have any physical or mental impediments that prohibit the instructor from satisfactorily providing driving instruction.

(e) Every instructor shall provide one set of finger prints for a fingerprint-based criminal background check, the cost of which is borne by the applicant.

(3) All instructors shall have successfully completed a DITC in driver education or the equivalent approved by the Department prior to the instructor’s certificate being issued. Documentation of such training shall accompany the application.

(4) CDS instructor’s certificates shall be valid for a period of one year from their date of issuance and shall be renewed yearly by applying to the Department on form HSMV77073S (Rev. 9/10) at least forty-five (45) days prior to the certificate’s expiration date.

(5) Each original instructor application shall be accompanied by a non-refundable fee of twenty-five dollars ($25) payable to the Department by money order, certified check or company check. The renewal application shall be accompanied by a non-refundable fee of ten dollars ($10) payable to the Department.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.04, 488.06 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.007 Agent Identification Cards

(1) Upon application to the Department, an agent shall be issued a card identifying him as an agent of a particular driving school to be used while acting on behalf of the school, if the agent is otherwise in compliance with these rules. All applications for agent identification cards must be answered completely on form HSMV 77073S (Rev. 9/10), which is available as provided in Rule 15A-11.012, F.A.C.

(2) Every agent shall provide one set of finger prints for a fingerprint-based criminal background check, the cost of which is borne by the applicant.

(3) Each original application shall be accompanied by a non-refundable fee of twenty-five dollars ($25) payable to the Department by money order, certified check, company check or personal check. The renewal application shall be accompanied by a non-refundable fee of ten dollars ($10) payable to the Department.

(4) The card shall be valid for a period of one year from its date of issuance and shall be renewed by applying to the Department upon the proper form at least forty-five (45) days prior to the expiration date of the card.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.04, 488.06 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.008 Driving Instruction Contracts

The CDS is authorized, but not required, to use form HSMV77072S (Rev. 2/10), which is available as provided in Rule 15A-11.012, F.A.C.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.009 CTDS Instructor Certificate Application and Renewal

(1) No person shall perform any instructional duties for any CTDS licensed under Chapter 1005, F.S., unless such person shall meet the qualifications for instructors as herein provided. All instructional personnel must submit an application and possess a valid instructor’s certificate issued by the Department, which shall be carried in the instructional vehicle at all times while driving instructions are being given. An application shall be made on form HSMV 77073S (Rev. 9/10), which is available as provided in Rule 15A-11.012, F.A.C.

(2) Instructor qualifications.

(a) Every Instructor in a school who teaches students having a learner’s or instructional permits shall be at least twenty-one (21) years of age.

(b) Every instructor shall have a valid Class A driver license.

(c) Every instructor must maintain, during any consecutive three year period, a driving record which does not include more than three (3) chargeable motor vehicle crashes or violations as defined in Chapter 316, F.S. Any traffic or other violation resulting in suspension or revocation of the driving privilege will automatically cause the suspension of the instructor’s certificate.

(d) Every instructor shall have a minimum of three years of driving experience as a Class A CDL driver prior to application for an instructor’s license.

(e) An instructor shall not have any physical or mental impediments that prohibit the instructor from satisfactorily providing driving instruction.

(f) Every instructor shall provide one set of finger prints for a fingerprint-based criminal background check, the cost of which is borne by the applicant.

(3) All CTDS instructors shall have successfully completed a driver education course consisting of written examinations and road tests or the equivalent approved by the Department prior to the instructor’s certificate being issued. Documentation of such training shall accompany the application.

(4) CTDS instructor’s certificates shall be valid for a period of one year from their date of issuance and shall be renewed yearly by applying to the Department on form HSMV 77073S (Rev. 9/10) at least forty-five (45) days prior to the certificate’s expiration date.

(5) Each original instructor application shall be accompanied by a non-refundable fee of twenty-five ($25) dollars payable to the Department by money order, or certified check. The renewal application shall be accompanied by a non-refundable fee of ten dollars ($10) payable to the Department as set forth above.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.04, 488.06 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.010 CTDS Instruction Vehicles

(1) No vehicle shall be used for instruction unless it has been issued a federally approved safety inspection in accordance with Title 49 of the Code of Federal Regulations, section 396.17 (June, 17, 2009) and a motor vehicle registration by the Department. The safety inspection and vehicle registration must be carried in the vehicle at all times while driving instructions are being given. When a vehicle is no longer being used by a school, the school shall give the Department written notice of this fact.

(2) CTDS must submit the vehicle registration form HSMV77071S (Rev. 2/10), which is available as provided in Rule 15A-11.012, F.A.C. The owner shall file with the Department evidence of sufficient security in accordance with Chapter 324 and Section 627.7275, F.S., as evidence of Financial Responsibility and in compliance with Florida Motor Vehicle No-Fault Law and the Florida Financial Responsibility Law.

(3) Each school shall be required to pay a non-refundable fee of fifteen dollars ($15) payable to the Department by money order, or certified check for each motor vehicle being registered. The vehicle registration shall be valid for one year from the date of approval.

(4) Each school must pay to the Department, a non-refundable fee of ten dollars ($10) for each motor vehicle registration being renewed. The renewed vehicle registration shall be valid for one year from the date of approval.

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.05 FS., 49 CFR s. 396.17. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.011 Denial, Revocation or Suspension of CDS License, CDS, CTDS Instructor’s Certificate or Agent’s Card

(1) Any license, certificate or agent identification card will be denied, revoked or suspended by the Department for the following reasons:

(a) The violation of any provision of Chapter 488, F.S., or of any of these rules.

(b) The conviction of, the plea of no contest to, or the adjudication withheld for, any felony or misdemeanor offense as shown by a fingerprint-based criminal background check conducted by the Department. Applicants with any convictions must wait at least 5 years after the conviction date to be considered. Applicants with convictions that directly relates to the business of conducting a commercial driver training school, including convictions that directly relate to the personal safety of a student will not be considered. DUI convictions or personal use drug convictions outside the five year period will not automatically disqualify an applicant if the applicant has served their revocation period and has a full unrestricted driver’s license.

(c) The employment of instructors, teachers or agents who have not been approved and certified or issued identification cards by the Department, or giving driving instruction without being certified by the Department.

(d) The instruction of students contrary to the restrictions imposed on the students’ driver licenses.

(e) Business solicitation on any premises, including parking areas, used by the Department or a tax collector for the purpose of licensing.

(f) Committing fraud or willful misrepresentation in applying for or obtaining a license.

(2) The Department may take emergency suspension or revocation action, without preliminary hearing whenever any school or instructor has knowingly been involved in assisting anyone to obtain a driver license fraudulently.

(3) The Department shall notify CIE if negative action is taken against a truck driver training school or its instructors.

History

• Rulemaking Authority 488.02 FS. Law Implemented 112.011(1)(b), 488.06 FS. History–New 9-20-10.

Fla. Admin. Code R. 15A-11.012 Forms

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 Bureau of Driver Education and DUI Programs Section, Neil Kirkman Building, Tallahassee, Florida 32399-0571. The following forms are available via our website at http://www.flhsmv.gov/ddl/comschool.html.

(1) Vehicle Registration Application Form, HSMV Form 77071S (Rev. 2/10);

(2) Student Contract Form, HSMV Form 77072S (Rev. 2/10);

(3) Instructor/Agent Application Form, HSMV Form 77073S (Rev. 9/10);

(4) Driver Training School Application Form, HSMV Form 77074S (Rev. 9/10).

History

• Rulemaking Authority 488.02 FS. Law Implemented 488.01 FS. History–New 9-20-10.

Chapter 15A-12 FLORIDA RIDER TRAINING PROGRAM

Fla. Admin. Code R. 15A-12.001 Purpose

The Florida Motorcycle Safety Education Program shall be known as the Florida Rider Training Program (FRTP). Its purpose is to provide motorcycle safety training, course curriculum and the certification of instructors.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.002 Definitions and Course Curriculum

(1) Basic Rider Course (BRC) – Standard beginner 15 hour motorcycle rider course as adopted by the Motorcycle Safety Foundation (MSF) and required for licensure to operate a motorcycle. The course curriculum shall be that prescribed by the Motorcycle Safety Foundation (MSF) and will include the Basic Rider Course Rider Coach Guide, the Basic Rider Course Handbook and Basic Rider Course Range Cards, copies of which can be obtained by contacting the Motorcycle Safety Foundation, 2 Jennifer Street, Suite 150, Irvine, CA 92618, (949)727-3227, or from its website, www.msf-usa.org.

(2) Basic Rider Course – 2 (BRC-2) – Advanced motorcycle rider course as adopted by the Motorcycle Safety Foundation (MSF), designed as a skill enhancement course. The student shall use their own motorcycle. This course is not required for licensure. The curriculum shall consist of the Basic Rider Course RiderCoach Guide as adopted by the Motorcycle Safety Foundation (MSF) for RiderCoaches covering advanced rider course materials and administration, facilities and equipment, instructional planning, course teaching, classroom units, range exercises, and RiderCoach training, including the Basic Rider Course Suite (Rider Classroom Cards and RiderCoach Range and Classroom Cards), copies of which can be obtained by contacting the Motorcycle Safety Foundation, Communications Department, 2 Jennifer Street, Suite 150, Irvine, CA 92618, (949)727-3227, or from its website, www.msf-usa.org.

(3) Department – The Department of Highway Safety and Motor Vehicles (DHSMV).

(4) Intern/Mentoring Program – Program for candidates seeking certification as RiderCoaches.

(5) Letter of Authorization – Letter from the Department to the Sponsor authorizing the Sponsor to conduct the Program in Florida.

(6) Motorcycle Safety Foundation (MSF) – A national, non-profit organization promoting the safety of motorcyclists with programs in rider education, operator licensing and public information.

(7) Online Data Exchange System – An online reporting system used by Sponsors to submit student Rider Course scores to the Department.

(8) Program – Florida Motorcycle Safety Education Program or Florida Rider Training Program.

(9) Program Manager – The individual who oversees the day-to-day operation of the state motorcycle safety program for the Department. FRTP Regional Coordinators are Department employees who operate under the supervision of the Program Manager.

(10) Quality Assurance – Informational audits or on site inspections conducted by MSF or FRTP staff pursuant to a program adopted by MSF, to ensure the program and instructional quality.

(11) Range Aide – Any person 18 years of age or older who successfully completed the Basic Rider Course (BRC), and has a motorcycle endorsement.

(12) RiderCoach – FRTP Certified Rider Course Instructor, as set forth in these rules.

(13) RiderCoach Intern – Candidate/Individual who gains supervised professional experience through the Intern/Mentoring Program.

(14) RiderCoach Preparation (RCP) – Training for individual who wishes to gain national certification as a RiderCoach.

(15) RiderCoach Trainer – RiderCoach certified by MSF who trains RiderCoaches.

(16) Rules of Professional Conduct – Statement of conduct by which all FRTP certified RiderCoaches are to abide by when conducting courses, as set forth in HSMV Form 72201 (10/2006), a copy of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571.

(17) Sidecar/Trike Education Program (S/TEP) – Motorcycle course for individuals who intend to drive a motorcycle with more than two wheels or attached sidecar as adopted by the Evergreen Safety Council (ESC); Sidecar/Trike Education Program Instructor Manual, copies of which can be obtained by contacting Evergreen Safety Council, 401 Pontius Avenue North, Seattle, WA 98109, (206)382-4090 or 1(800)521-0778, or at esc@esc.org, or visit www.esc.org/sidecar.html.

(18) Sponsor – The individual or entity which provides or intends to provide Program services in Florida.

(19) Update –Recertification for RiderCoaches in order to maintain RiderCoach status.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.003 Exemptions

Persons holding a valid driver license that includes a motorcycle endorsement or equivalent certificate from those states, countries or organizations that require successful completion of the Basic Rider Course, including a similar examination of the knowledge and skill of the applicant in the operation of a motorcycle, are exempt from taking courses required for licensure.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.004 Application to Become a Sponsor

(1) Locate a suitable area for a range. An unobstructed area of 200' x 300' is recommended. Potential alternatives can be found on the MSF website, www.msf-usa.org. A request for any range approval shall be made electronically or in writing to FRTP to secure a letter of authorization with FRTP.

(2) Obtain a written statement from the property owner providing permission to use the property for motorcycle safety courses.

(3) Persons or entities desiring to act as Sponsors must first qualify with the Department as an entity affiliated with the FRTP that is responsible for motorcycle safety and education in which the Sponsor agrees to teach current MSF RiderCourse curricula and does so through RiderCoaches certified according to FRTP standards. Department qualifications require completion and use of the forms listed below, which include the student course waiver and indemnification agreement, reporting and insurance requirements and driving range layout, all of which are conditions of the Department for utilizing the MSF course and instructor certifications. Copies are available from the MSF website, www.msf-usa.org, Training Site Support, Rider Education Recognition Program (RERP) Forms or by contacting the FRTP, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571:

(a) Rider Education Recognition Program (RERP) Agreement, HSMV Form 77091 (10/2010).

(b) Addendum to RERP Agreement-Independent Sponsor, HSMV Form 77092 (10/2010).

(c) Rider Education Recognition Program (RERP) Application, HSMV Form 77093 (10/2010).

(d) MSF Rider Course Range Information Form, HSMV Form 77094 (10/2010).

(e) Motorcycle Safety Course Waiver & Indemnification, HSMV Form 77095 (10/2010).

(4) The Regional Coordinator will verify the range area and all forms will be sent to the FRTP Program Manager for approval, signature and forwarding to MSF.

(5) Once FRTP receives acknowledgment from MSF, FRTP will initiate the letter of authorization process.

(6) The Letter of Authorization will be signed by the Director of the Division of Motorist Services or his or her designee and provided to the Sponsor.

(7) Only when the applicant receives both official documents, will they be able to start classes.

(8) Any change in the information provided by the applicant must be approved by FRTP. A letter of authorization shall not be transferable. The program shall notify FRTP at least 90 days prior to the effective date of a proposed change in the program’s corporate structure. FRTP shall review the proposed changes and may request additional information from the program.

(9) The Sponsor shall be given Primary and Secondary signatory templates designed to designate approval authority for the motorcycle safety course classes. The Sponsor shall keep a record of Online Data Exchange System signatories, signatory ID’s and clerical additions.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.005 Additional Program Requirements

(1) An organization authorized to conduct the Program shall adhere to the following:

(a) All RiderCoaches must abide by the FRTP Rules of Professional Conduct, HSMV Form 72201 (10/2010), which is incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571.

(b) Sponsors must attend required meetings.

(c) Sponsors must advise FRTP of organizational changes and changes in location of services.

(d) Sponsors must provide course class schedules and incident reports to FRTP.

(e) Sponsors must submit reports within three days of the conclusion of the class into the Online Data Exchange System.

(f) Sponsors and RiderCoaches will cooperate with FRTP staff or representatives during program regulation visits.

(g) Sponsors shall produce and maintain specific records as identified below:

1. Student/Client Observation/Incident Report, where applicable, HSMV Form 77008 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571. The Sponsor shall submit copies of all incident reports to the Department within 30 days of occurrence.

2. The student has one year from completion date of a Basic Rider Course to secure the endorsement on their driver license.

(h) The Sponsor, upon request, shall permit FRTP and its representatives to inspect the program, its public facilities, equipment and records that are required by these administrative rules to be maintained in the operation of the program.

(i) Sponsors must maintain training materials and equipment. All cosmetic damage to state loaned motorcycles must be repaired at least annually. Any motorcycle that has been involved in a crash will be immediately removed from service. The Sponsor must ensure that it is inspected and ridden by a RiderCoach or Certified Range Aide to ensure proper repair prior to student use.

(j) Sponsors must maintain all ranges in safe operating condition, as provided in HSMV Form 77091.

(k) The Sponsor is solely responsible for the performance of all aspects of these administrative rules. The Sponsor may subcontract aspects of these requirements but assumes full responsibility for the performance of that subcontractor.

(2) A Sponsor shall not use any name other than its registered name with the Secretary of State, for advertising or publicity purposes, nor shall a Sponsor advertise or imply that it is “recommended,” or “endorsed” by FRTP or the State of Florida.

(3) No Sponsor, RiderCoach or employee shall advertise or represent themselves to be an agent or employee of FRTP or allow the use of any advertisement which would reasonably have the effect of leading the public to believe that they are or were an employee or representative of FRTP.

(4) No Sponsor shall make a false or misleading claim in any of its advertisements.

(5) No Sponsor shall use any form of advertising which is obscene, lewd, or pornographic.

(6) The electronic Online Data Exchange System requires reports to be submitted within three days of course completion. If any portion of the documentation is incorrect or incomplete, it may be addressed via email to the Sponsor or the documentation will be returned to the Sponsor for correction and must be resubmitted by the Sponsor within 3 working days of receipt.

(7) By submission of the online reports, the Sponsor certifies their correctness. All such reports are subject to audit by the State or its designee.

(8) The Sponsor shall direct all required correspondence and reports to the Department which shall bear an original signature of the Sponsor’s designated representative.

(9) The Sponsor shall issue each student a current edition of the BRC Student Handbook or S/TEP Student Handbook, which shall be an original and not photocopied.

(10) A student who fails either the Rider Course knowledge test or skills test shall be allowed one retest. The retest shall not be on the same day as the failure. The retest shall be at no cost to the student and shall occur within 60 days of the date of the failure.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.006 Regulation of Authorized Program

(1) FRTP will regulate and periodically visit each Sponsor site to ensure compliance and quality assurance with these administrative rules, Florida Statutes, and compliance with all applicable MSF or ESC Agreements and course requirements. FRTP staff and contractors are authorized by MSF and ESC to act on their behalf to insure program compliance. The FRTP staff or representatives under these administrative rules shall:

(a) Conduct announced or unannounced site visits, or place unannounced rider(s) in a class.

(b) Check the range for size and safety compliance. If there is an immediate safety issue the range shall be shut down. A formal report shall be made on the Quality Assurance Audit Form, HSMV Form 92786 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571.

(c) During a site visit, all representatives of the Sponsor shall cooperate with FRTP’s representative(s), and, upon request, shall exhibit all records, instructional aids, manuals, or such other materials as necessary for the review.

(2) The FRTP representative visiting the Sponsors will produce a report on the Quality Assurance Audit Form, HSMV Form 92786 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571. A copy of the report shall be provided to the Sponsor.

(a) Sponsors shall be responsible for ensuring any deficiencies noted in the report are remedied and the remedy reported to FRTP in the time allotted.

(b) On the first observation the FRTP representative documents in a comprehensive report what they saw and why it was viewed as a problem. This report is submitted to FRTP for review. A notice will be provided to the RiderCoach and Sponsor by either the Program Manager or Regional Coordinator. The RiderCoach and Sponsor will be allowed to provide explanations and reasoning as to their actions. If the explanation and/or reasoning is/are acceptable, then no further action will be deemed necessary. If the explanations and reasoning so warrant, either the Regional Coordinator or Program Manager will advise the RiderCoach and Sponsor of the necessary corrective measure(s) to be implemented by them to correct it.

(3) In order to better facilitate site visits, the Sponsor shall provide the Department a quarterly Rider Course schedule no later than the 15th of the month preceding the new quarter, listing the dates of the classes and the names of the RiderCoaches who will be teaching on those dates. The course schedule shall be sent to FRTP-Schedules@flhsmv.gov. The Sponsor shall notify the Department of any changes in course schedules (a monthly submission is permissible).

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.007 RiderCoaches

(1) RiderCoaches, as personnel, must complete the RiderCoach Apprentice Program (RCAP), as established by the MSF, prior to being employed by any Sponsor.

(2) Prospective RiderCoaches must comply with the following:

(a) Find a Sponsor School in their area to sponsor them.

(b) Complete a Basic Rider Course.

(c) Fill out the RiderCoach Apprentice Program Application (RCAP), HSMV Form 77058 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571. The Application should be submitted to the address listed on the Application.

(d) The RiderCoach will be placed in a RiderCoach Preparation Course (RCP).

(e) After successful completion of the RCP, the student will be a certified FRTP RiderCoach and certified by the MSF. The RiderCoach identification card will be sent to the RiderCoach by MSF.

(3) Continued FRTP certification is predicated upon successful completion of the automatic one-year probationary period, and the RiderCoach maintaining national Rider Course RiderCoach Certification, teach or team-teach a minimum of one complete Basic Rider Course annually, and attend one FRTP RiderCoach Update in a certification period (two years). Updates will not be more than 30 months apart.

(4) RiderCoaches trained outside Florida can gain FRTP certification by doing the following:

(a) Contact Course Sponsor in the area you want to teach and discuss the possibility of employment.

(b) If Sponsor School agrees to employment, complete a RiderCoach Personal Information Qualification Form (provided by Sponsor School), HSMV Form 77122 (10/2010), incorporated by reference for administration of the FRTP Program, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Department of Highway Safety and Motor Vehicles, Bureau of Driver Education and DUI Programs, Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571. The Form will then need to be submitted to the appropriate Regional Coordinator.

(c) The Sponsor can use the RiderCoach, with a current FRTP certified RiderCoach, for two classes before they are observed.

(d) The RiderCoach must be observed by an FRTP certified RiderCoach Trainer (RCT).

(e) The RiderCoach must attend the next available FRTP update. Updates must be within six months of observation.

(f) All new FRTP certified RiderCoaches will be placed on probationary status for one year.

(5) The Sponsors shall employ only RiderCoaches who are certified by FRTP and MSF, or the ESC.

(6) RiderCoaches and Sponsors must adhere to the professional standards adopted by FRTP as established by the MSF and the ESC; FRTP Rules of Professional Conduct, HSMV Form 72201 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571.

(7) RiderCoaches trained in another state, must, prior to teaching in Florida, complete a BRC RiderCoach Information Sheet, and submit their driver’s record and a copy of their MSF RiderCoach Card to the area Regional Coordinator. They must also attend a RiderCoach update within six months of evaluation.

(8) RiderCoaches must maintain their certification and a valid driver license with a motorcycle endorsement.

(9) RiderCoaches must sign and abide by the FRTP’s RiderCoach Rules of Professional Conduct, teach or team-teach a minimum of one complete BRC or S/TEP annually, attend one FRTP RiderCoach Update and one professional development activity or any activity that requires them to be in student or learning position, within their certification period (two years).

(10) RiderCoaches must recertify with MSF on-line every two years and must forward proof of recertification to Sponsors.

(11) RiderCoaches shall ensure that no assistance is given any student in a manner that provides unfair advantage in passing the skills and/or knowledge tests. RiderCoaches cannot conduct tests for their relatives.

(12) RiderCoaches can also gain Florida certification by completing the FRTP Intern/Mentoring Program.

(a) For RiderCoaches who were initially trained at an FRTP sponsored RiderCoach Preparation Course (RCP) or Sidecar and Trike Education program (S/TEP), certification is automatic upon completion of the Intern/Mentoring Program.

(b) RiderCoaches seeking Florida certification must complete the Intern/Mentoring Program and attend an FRTP Update. Both must be completed within 9 months of applying for FRTP certification.

1. RiderCoach candidates will automatically be entered into the Intern/Mentoring Program when they successfully completed the RCP.

2. Under the Intern/Mentoring Program, new RiderCoaches and those seeking Florida certification will be required to team-teach a minimum of three Basic Rider Courses (BRC) with an FRTP recognized RiderCoach.

3. An Internship Report – RiderCoach Mentor Form, HSMV Form 77079 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571. A Form will need to be completed for each class. The RiderCoach Intern will also need to complete a RiderCoach Intern Form, HSMV Form 77078 (10/2010), incorporated by reference, copies of which may be obtained from the FRTP website (http://motorcycles.flhsmv.gov) under “Forms,” or by contacting the Florida Rider Training Program, 2900 Apalachee Parkway, Neil Kirkman Building, MS #88, Room A226, Tallahassee, Florida 32399-0571. This Form will need to be completed for each class. Completed forms will be sent to the e-mail or mailing address on the forms.

4. Once FRTP receives all of the forms listed in subparagraph (12)(b)3., above, the candidate will gain full FRTP RiderCoach certification.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Fla. Admin. Code R. 15A-12.008 Program Compliance

(1) Administrative non-compliance is the failure to meet applicable FRTP or MSF or ESC requirements for reporting, providing notifications, record keeping and similar acts that do not compromise testing integrity or public safety. The first occurrence requires a written reprimand and further violations within a one-year period will result in suspension of the authorization to provide motorcycle safety education.

(2) Discrepancy in test procedure is the failure to properly administer a required portion of a test procedure, such as the omission of a required maneuver or to properly follow the evaluation phase of the RiderCoach Guide when conducting the BRC. The first occurrence will result in a suspension of the authorization to provide motorcycle safety education, and a repeated occurrence within a one-year period will result in program termination.

(3) Fraud is defined as the abuse of authority granted under these administrative rules through the issuance of test waivers for students who have not passed a complete test or have not completed the course in its entirety. A fraud violation will result in termination from the program.

(4) The authorization to conduct motorcycle safety education will be suspended if a Sponsor refuses to allow public access to all documents subject to Chapter 119, F.S., or fails to comply with any part of these administrative rules. Subsequent violations within a one-year period will result in program termination. The use of a RiderCoach who is not certified under these rules will result in program termination.

(5) Upon termination of the authorization, all loaned equipment and program materials must be returned to FRTP within 10 calendar days of the termination.

History

• Rulemaking Authority 322.02(6), 322.0255(6) FS. Law Implemented 322.0255, 322.12(5)(a) FS. History–New 1-9-11.

Division 15B Division of Florida Highway Patrol

Chapter 15B-1 MOTOR VEHICLE EQUIPMENT APPROVAL

Fla. Admin. Code R. 15B-1.001 Safety Glazing Material; Specifications

History

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

Fla. Admin. Code R. 15B-1.002 Truck, Bus Flares, Fuses, Electric Lanterns, Flags, and Portable Reflex Reflectors

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

(a) Flare – American Association of Railroads (American Railroads Building, 1920 “L” Street, N. W., Washington, D.C. 20036).

(b) Fuses – American Association of Railroads.

(c) Electric Lanterns – Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) Standard J596.

(d) Flag – Must be red in color, and designed so as not to fade in adverse weather conditions. Not less than twelve inches square, with standard to support such flag and capable of supporting same in 40 mile-per-hour wind velocity as tested in accordance with Society of Automotive Engineers Standard J774c, paragraph 4.3.

(e) Portable Reflex Reflector – Federal Motor Vehicle Safety Standard Number 125.

(2) Flares, fuses, electric lanterns, flags and portable reflex reflectors are approved by the Department of Highway Safety and Motor Vehicles upon submission to the American Association of Motor Vehicle Administrators (1201 Connecticut Avenue, Northwest, Washington, D.C. 20036) in accordance with their procedure for testing. A certificate of approval issued by the American Association of Motor Vehicle Administrators for flares, fuses, electric lanterns, flags or portable reflex reflectors is approved by this Department.

History

• Rulemaking Authority 316.216 FS. Law Implemented 316.274 FS. History–New 11-20-75, Formerly 15B-1.02.

Fla. Admin. Code R. 15B-1.003 Headlamps, Auxiliary or Fog Lamp, Rear Lamp, Signal Lamp and Reflector; Specifications

(1) In compliance with Section 316.241(1), F.S., the Department of Highway Safety and Motor Vehicles adopts the Standards of the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) and applicable Federal Motor Vehicle Safety Standards as listed below for each device as indicated as its requirements for approval of the various types of devices mentioned above for use on motor vehicles operating in Florida.

(a) Headlamps – motorcycle SAE Standard J584b

(b) Headlamps – sealed beam FMVSS No. 108

(c) Auxiliary Low Beam Lamp SAE Standard J582a

(d) Fog Lamps SAE Standard J583c

(e) Tail Lamps FMVSS No. 108

(f) Stop Signal Lamps FMVSS No. 108

(g) License Plate Lamp FMVSS No. 108

(h) Back-up Lamps FMVSS No. 108

(i) Turn Signal Lamps FMVSS No. 108

(j) Reflectors FMVSS No. 108

(2) Headlamps, auxiliary or fog lamps, rear lamps, signal lamps and reflectors are approved by the Department of Highway Safety and Motor Vehicles upon submission to the American Association of Motor Vehicle Administrators (1201 Connecticut Avenue, Northwest, Washington, D.C. 20036) in accordance with their procedure for testing. A certificate of approval issued by the American Association of Motor Vehicle Administrators for headlamps, auxiliary or fog lamps, rear lamps, signal lamps or reflectors is approved by this Department.

History

• Rulemaking Authority 316.216 FS. Law Implemented 316.241 FS. History–New 11-20-75, Formerly 15B-1.03.

Fla. Admin. Code R. 15B-1.004 Lighting Devices; Specifications

(1) In compliance with Section 316.216(1) F.S., the Department of Highway Safety and Motor Vehicles adopts the standards of the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale, Pa., 15096) and applicable Federal Motor Vehicle Safety Standards as listed below for each device, as indicated, as its requirement for approval of lighting devices for use on motor vehicles operating in Florida.

(a) Clearance Lamps FMVSS No. 108

(b) Cornering Lamps SAE Standard J852b

(c) Identification Lamps FMVSS No. 108

(d) Parking Lamps FMVSS No. 108

(e) Side Marker Lamps FMVSS No. 108

(f) Spot Lamps SAE Standard J591b

(2) Lighting devices are approved by the Department of Highway Safety and Motor Vehicles upon submission to the American Association of Motor Vehicle Administrators (1201 Connecticut Avenue, Northwest, Washington, D.C. 20036) in accordance with their procedure for testing. A certificate of approval issued by the American Association of Motor Vehicle Administrators for lighting devices is approved by this Department.

History

• Rulemaking Authority 316.216 FS. Law Implemented 316.216 FS. History–New 11-20-75, Formerly 15B-1.04.

Fla. Admin. Code R. 15B-1.005 Slow-moving Vehicle Emblem; Specifications

(1) In compliance with Section 316.276(7)(b), F.S., the Department of Highway Safety and Motor Vehicles adopts the specifications of the American Society of Agricultural Engineers (Box 229, St. Joseph, Michigan 49085) for “Emblems for Identifying Slow-Moving Vehicles” as its requirements for approval of slow-moving vehicle emblems to be used on vehicles operating in Florida.

(2) Slow-Moving Vehicle Emblems are approved by the Department of Highway Safety and Motor Vehicles upon submission to the American Association of Motor Vehicle Administrators (1201 Connecticut Avenue, Northwest, Washington, D.C. 20036) in accordance with their procedure for testing. A certificate of approval issued by the American Association of Motor Vehicle Administrators for slow-moving vehicle emblems is approved by this Department.

History

• Rulemaking Authority 316.276 FS. Law Implemented 316.276 FS. History–New 11-20-75, Formerly 15B-1.05.

Fla. Admin. Code R. 15B-1.006 Motorcycle Safety Helmets

History

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

Fla. Admin. Code R. 15B-1.007 Motorcycle Eye Protective Device

The Department adopts and approves the following eye protective devices for use by motorcycle operators. Each device must be in good repair, free of sharp edges or projections and made of material suitable for ophthalmic use. It shall be free from cracks, waves, bubbles or any other defect which may impair its normal visibility. Any tinted device should not impair the wearer’s ability to see color and shall not be used at night.

(1) Goggles.

(2) Face shields designed for use with and as part of an approved helmet.

(3) Eyeglasses including sunglasses. Contact lenses are not acceptable.

History

• Rulemaking Authority 316.211 FS. Law Implemented 316.211 FS. History–New 11-20-75, Formerly 15B-1.07, Amended 11-3-86.

Chapter 15B-2 SPEED MEASURING DEVICES

Fla. Admin. Code R. 15B-2.001 Approval Required

History

• Rulemaking Authority 316.058, 120.53(1)(a), (b) FS. Law Implemented 316.058 FS. History‒New 11-20-75, Formerly 15B-2.01, Repealed 9-11-78.

Fla. Admin. Code R. 15B-2.002 Requirements, Generally

History

• Rulemaking Authority 316.058, 120.53(1)(a), (b) FS. Law Implemented 316.058 FS. History‒New 11-20-75, Formerly 15B-2.02, Repealed 9-11-78.

Fla. Admin. Code R. 15B-2.003 Electronic (Doppler Radar) Devices, Additional Requirements

History

• Rulemaking Authority 316.058, 120.53(1)(a), (b) FS. Law Implemented 316.058 FS. History‒New 11-20-75, Formerly 15B-2.03, Repealed 9-11-78.

Fla. Admin. Code R. 15B-2.004 Tests to Determine Speed Accuracy of Doppler Radar Devices, Requirement

History

• Rulemaking Authority 316.058, 120.53(1)(a), (b) FS. Law Implemented 316.058 FS. History‒New 11-20-75, Formerly 15B-2.04, Repealed 9-11-78.

Fla. Admin. Code R. 15B-2.005 Visual Average Speed Computer Devices, Additional Requirements

History

• Rulemaking Authority 316.058, 120.53(1)(a), (b) FS. Law Implemented 316.058 FS. History‒New 11-20-75, Formerly 15B-2.05, Repealed 9-11-78.

Fla. Admin. Code R. 15B-2.006 Test to Determine Accuracy of Average Speed Computer Devices, Requirements

History

• Rulemaking Authority 316.058, 120.53(1)(a), (b) FS. Law Implemented 316.058 FS. History‒New 11-20-75, Formerly 15B-2.06, Repealed 9-11-78.

Fla. Admin. Code R. 15B-2.007 Approval Requirements

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

(2) In addition, evidence of the speed of a vehicle measured by any radar speed measuring device (RSMD), laser speed measuring device (LSMD) or Average Speed Calculator (ASC), is inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles unless such evidence of speed is obtained by a law enforcement officer who meets the following requirements:

(a)1. Operators of RSMD’s must have satisfactorily completed the RSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.

2. Operators of LSMD’s must have satisfactorily completed the LSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training commission pursuant to Section 943.17, F.S.

3. Beginning July 1, 2004 new operators of ASC devices must complete the ASC training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S. Operators of ASC devices similar to the VASCAR and Kustom Tracker must complete additional clocks using each of their five basic clocking methods.

4. After July 1, 2004, new operators of RSMD’s, LSMD’s and ASC’s must complete the Speed Measurement Device training course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.

(b) Has made an independent visual determination that the vehicle is operating in excess of the applicable speed limit.

(c) Has written a citation based on evidence obtained from a RSMD or LSMD when conditions permit the clear assignment of speed to a single vehicle.

(d) Is using a RSMD which has no automatic speed locks and no audio alarms, unless disconnected or de-activated. This requirement is not applicable to a LSMD.

(e) Is operating a RSMD with audio Doppler engaged. This requirement is not applicable to a LSMD.

(f) Is using a RSMD, LSMD, ASC or other SMD that meets the minimum design criteria set forth in these rules.

(g) Is operating a RSMD tested according to Rule 15B-2.009, F.A.C., or a LSMD tested according to Rule 15B-2.016, F.A.C.

History

• Rulemaking Authority 316.1905, 316.1906 FS. Law Implemented 316.1905, 316.1906, 943.17 FS. History–New 9-11-78, Amended 7-12-82, Formerly 15B-2.07, Amended 11-16-92, 10-18-94, 5-23-04.

Fla. Admin. Code R. 15B-2.008 Requirements for Type Acceptance

(1) Manufacturers of Doppler radar speed measuring devices (RSMD) shall submit a copy of a Federal Communications Commission (FCC) type acceptance certificate and other supporting documentation and components as requested by the Department, to the Department for each model to be used in Florida. The device must also appear on the current International Association of Chiefs of Police (IACP) consumer products list, which is incorporated by reference. The IACP criteria (Model Minimum Performance Standards identified in subsection 15B-2.0082(1), F.A.C., and listing may be obtained by contacting that office at 515 North Washington Street, Alexandria, Virginia 22314, 1(800)843-4227. The absence of an “F” designation on the consumer product list does not disqualify the model for use in Florida. Copies of this material may be obtained by contacting the Department of Highway Safety and Motor Vehicles, Division of Florida Highway Patrol, Neil Kirkman Building, Tallahassee, Florida 32399-0500.

(2) Manufacturers of Average Speed Calculators (ASC) shall submit a report by an independent testing laboratory certifying that each model meets the following conditions:

(a) Determines the speed of a vehicle between any two points on a highway traveled by the vehicle regardless of whether the distance is input with an ASC measured distance or the distance is known and input by the ASC operator, and the time required for the vehicle to travel that distance.

(b) Display the speed in digital characters at least 0.4 inch in height.

(c) The calculator shall input distance (whether by ASC measurement or by operator entry of a known distance) and measure time in increments for speed computation which shall give an accuracy of plus or minus two (2) miles per hour over an indicated speed range of twenty-five (25) to one hundred (100) miles per hour with ambient temperatures of twenty (20) to one hundred (100) degrees fahrenheit.

(d) Have a distance storage capacity of at least one (1) mile.

(e) Have a time storage capacity of at least five (5) minutes.

(f) Reuse a single distance measurement with repeated time input measurements.

(g) Display an error signal and not operate if either the distance or storage register receives more than one input after being reset to zero.

(h) Be suitable for installation or use in a variety of makes and models of vehicles or aircraft normally used by law enforcement agencies.

(3) Motor vehicle speedometers shall have a certificate indicating that the device was tested by a speedometer testing shop according to Rule 15B-2.011, F.A.C.

(4) Stop watches shall have a certificate indicating that the device was tested according to Rule 15B-2.012, F.A.C.

(5) Laser speed measuring devices (LSMD) that meet the criteria set forth in Rule 15B-2.014, F.A.C., constitute a type of speed measuring device that may be used in this state.

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905 FS. History–New 9-11-78, Formerly 15B-2.08, Amended 11-16-92, 10-18-94, 5-23-04.

Fla. Admin. Code R. 15B-2.0081 Interim Minimum Design Criteria for Radar Units

History

• Rulemaking Authority 316.1906 FS. Law Implemented 316.1906 FS. History‒New 7-12-82, Formerly 15B-2.081, Amended 1-1-90, Repealed 10-18-94.

Fla. Admin. Code R. 15B-2.0082 Minimum Design Criteria for Radar Units

(1) Radar speed measuring devices shall meet the design criteria as set forth in Chapter 3, Subpart A (s. 1221.1 – 1221.4) and Subpart B (s. 1221.11-1221.24) of the National Highway Traffic Safety Administration Technical Report, January 1994, D.O.T. HS 808-69, entitled, “Model Minimum Performance Specifications for Police Traffic Radar Devices,” which is incorporated by reference. Copies of this material may be obtained by contacting the Department of Highway Safety and Motor Vehicles (DHSMV), Division of Florida Highway Patrol, Neil Kirkman Building, Tallahassee, Florida 32399-0500, or the Office of Law Enforcement Standards, c/o National Institute of Standards and Technology, 100 Bureau Drive, Stop 8102, Gaithersburg, Maryland 20899-08102.

(2) All radar units used in this State on or after January 1, 1995, shall be designed to operate in one or both of the following frequency ranges as assigned by the Federal Communication Commission for operation of Doppler radar radiolocation units.

24.050 – 24.250 GHz (K – Band) (Common

33.400 – 36.000 GHz (Ka – Band) Referrals)

The radar must have a doppler audio operating in the range 300 Hz to 4.0 KHz.

(3) Antenna beam width, defined as the total included angle between 3 dB points on the main lobe of the emitted farfield microwave power beam in any axis perpendicular to the centerline of beam propagation, shall not exceed 12 degrees plus or minus 1.5 degrees for manufacturing tolerance and measurement error. Side lobes, as defined in s. 1221.4 of the Model Minimum Performance Specifications for Police Traffic Radar shall be of relative gain of at least 20 dB less than the main antenna beam.

(4) All radar units furnished for vehicular-mounted use which have antennas designed to permit external mounting, shall be weather resistant.

(5) Each radar unit shall be designed to incorporate no speed lock function, manual or automatic, for patrol or target speeds displayed on the primary readout; a secondary target speed window, capable of manual lock-in target speed only, is permissible providing that lock-in of the secondary target speed window display has no effect on the continuous tracking of target and patrol speeds indicated by the primary readout and provided that the secondary target speed window display, if furnished, is automatically cleared within a period not to exceed fifteen (15) minutes after locking of any speed indication or when reconnected to the primary readout element. The secondary target speed window display, if furnished, must exactly duplicate the target speed on the primary readout at the instant of manual lock-in and must have its own lock-release control for clearing prior readings when the operator does not connect the secondary target speed window display.

(6) Each radar unit, shall be equipped with a control capable of adjusting its nominal range of acquiring and displaying the speed reading of a full-size automobile between 300 feet minimum and 3,000 feet maximum from the radar antenna. This range control is optional on a handheld radar unit.

(7) Signal Processing Channel Sensitivity.

(a) Stationary Mode Target Channel Sensitivity. When the radar unit is operated in the stationary mode, its signal processing channel sensitivity shall not vary more than 10 dB for targets traveling at speeds of 35 to 90 mph (56 to 144 km/h) nor more than 5 dB for targets traveling at speeds of 60 to 90 mph (96 to 144 km/h).

(b) Moving Mode Target Channel Sensitivity. When the radar unit is operated in the moving mode at 25 mph (40 km/h), its signal processing channel sensitivity shall not vary more than 10 dB for targets traveling at speeds of 40 to 90 mph (64 to 144 km/h). When operated at 50 mph (80 km/h), its sensitivity shall not vary more than 5 dB for targets traveling at speeds of 60 to 90 mph (96 to 144 km/h).

(8) Patrol channel dynamic range; for moving mode operation. The patrol channel shall be capable of accurately displaying patrol car speed within plus or minus one (1) mph (1.6 km/h) or less from 15 mph to 70 mph (24 to 112 km/h) or greater and of maintaining proper performance while the patrol car changes speed at a rate of up to 3 mph (4.8 km/h) per second.

(9) The internal circuit test function required by Section 1221.21(d), F.S., of the Model Minimum Performance Specifications for Police Traffic Radar shall operate automatically upon turn-on of the radar unit, and automatically thereafter at intervals not exceeding fifteen minutes. Failure of the radar unit to display correctly any reading produced by the internal test function shall inhibit any further target signal processing and shall provide a visible display indicating this condition to the operator. A control switch or pushbutton shall be provided for operator use to initiate the internal test function at any time between automatic test sequences.

(10) For the purpose of avoiding possible erroneous target speed displays caused by radio frequency interference (RFI) signals in excess of those specified in Sections 1221.22(c) and (d), F.S., of the Model Minimum Performance Specifications for Police Traffic Radar Devices, each radar unit will be equipped with a RF sensor capable of detecting the presence of such interfering RF signals and of inhibiting any speed display when such signals are present.

(11) To accommodate digital counting circuits and to assure that no target vehicle driver is penalized, target channel circuits for moving and stationary operation shall be designed to truncate, or round-off, to the next lower digit. In the moving mode operation, the radar counting circuits shall round-off to the next lower digit in all computations.

(12) Power density shall not exceed applicable RF emission standards recognized by the American National Standards Institute C95.1, which is incorporated by reference. The actual reading shall be recorded on form HSMV 61070 (Rev. 10/04), incorporated by reference. Blank forms are obtained by contacting the Department at the address described in subsection 15B-2.008(1), F.A.C.

(13) When an Average Speed Calculator (ASC) is installed and used as a separate feature of a RSMD, the ASC feature must be certified separately and in addition to the RSMD under paragraph 15B-2.008(2)(d), F.A.C.

History

• Rulemaking Authority 316.1906 FS. Law Implemented 316.1906 FS. History–New 7-12-82, Formerly 15B-2.082, Amended 1-1-90, 10-18-94, 5-23-04, 5-15-05.

Fla. Admin. Code R. 15B-2.009 Test to Determine Speed Accuracy of Doppler Radar Devices

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

1. Association of Public-Safety Communications Officials-International (APCO);

2. Personal Communications Industries Association (PCIA), formerly known as National Association of Business and Educational Radio (NABER); or

3. National Association of Radio and Telecommunications Engineers (NARTE).

(b) Only the most recent six (6) months test certificate is required in order to establish the presumption available under Section 316.1905(3)(b), F.S. Tests will include transmitter frequency, display response to known antenna input signals for simulated target speeds over a range of speeds from 15 mph to 100 mph and patrol speeds over a range of speeds from 15 mph to 70 mph, the operation of all controls, tests for recertification of the tuning fork(s) meeting the manufacturer’s specifications, radio frequency interference, low supply voltage, and antenna power density. These revised tests shall become effective after June 30, 2004, upon the expiration of each radar unit’s prior six-month certification period. Each test shall be recorded on Form HSMV 61070 (Rev. 10/04) which is incorporated by reference. Blank forms are available by contacting the Department at the address described in subsection 15B-2.008(1), F.A.C. As a condition of purchase, manufacturers shall be required to make known to the purchaser the availability and location of manufacturer-supported test facilities to accomplish the required tests.

(2) Prior to an operator using a radar for enforcement activity and subsequent to the last enforcement action taken using an RSMD, but prior to the end of each shift in which the RSMD was used the following accuracy checks shall be made.

(a) An internal accuracy check shall be performed, and the check is passed only if the proper numbers recommended by the manufacturer appear exactly on the radar readout.

(b) The external tuning fork accuracy check shall be made with certified tuning fork(s) (plus or minus one (1) mile per hour tolerance) meeting the manufacturer’s specifications.

(c) A written log of each internal and external tuning fork accuracy check(s) shall be maintained. Log forms may be of a design suitable to the particular needs of the operator’s jurisdiction.

(3) When an Average Speed Calculator (ASC) is installed and used as a separate feature of an RSMD, the ASC feature must be certified separately and in addition to the RSMD under paragraph 15B-2.008(2)(d), F.A.C.

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 9-11-78, Amended 7-12-82, Formerly 15B-2.09, Amended 6-12-89, 1-1-90, 10-18-94, 10-2-95, 5-23-04, 5-15-05.

Fla. Admin. Code R. 15B-2.010 Test to Determine Speed Accuracy of Visual Average Speed Computer Devices

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905 FS. History‒New 9-11-78, Formerly 15B-2.10, Amended 10-18-94, Repealed 5-23-04.

Fla. Admin. Code R. 15B-2.0101 Tests to Determine Speed Accuracy of Average Speed Calculators

Tests to determine the accuracy of Average Speed Calculators shall be performed as follows:

(1) This subsection only pertains to ground vehicles which are inputting the distance used for speed measurement by use of the ASC distance measuring feature (if so equipped):

(a) A distance of 1/2 mile (2,640 feet) or alternatively 1/4 mile (1,320 feet) shall be measured, and each end of the distance marked so that it may be clearly identified from a moving vehicle or aircraft in either direction.

(b) Vertical lines may be placed on left and right front door windows of the speed computer equipped vehicle, or the operator may use door lock knobs or other convenient visual reference points on his/her car.

(c) The operator will drive through the measured course with both switches turned “on” when lined up with the reference point at the beginning of the course, and turned “off” when similarly lined up at the end of the course. Operator pushes the distance recall button if so equipped, and reads displayed distance in the speed timing unit. If this distance is within the acceptable tolerance of 1/2 of 1%, the unit is in calibration.

Example: On a quarter of a mile course (0.2500) the reading should be between 0.2512 and 0.2488.

(d) Should the error be greater than 1/2 of 1% the operator should recalibrate his unit in accordance with the manufacturer’s instructions and repeat the procedure as outlined in subsection (3).

(2) A distance of 1/2 mile (2,640 feet) should be input either by measurement or operator input. The method of input shall be consistent with the method to be used during the speed measurement. For example, if the distance at the enforcement site will use a distance measured with the ASC, then this calibration should be performed in a similar fashion. The timing device should be allowed to run for 30 seconds. A speed of 60 mph should be displayed. The test should be repeated with a time input of 20 seconds. A speed of 90 mph should be displayed. The speed displayed must be within +/- 2 mph for the unit to be considered accurate.

(3) As an alternative to subsection (2) above, a distance of 1/4 mile (1,320 feet) may be used. The distance should be input either by measurement or operator input. The method of input shall be consistent with the method to be used during the speed measurement. For example, if the distance at the enforcement site will use a distance measured with the ASC, then this calibration should be performed in a similar fashion. The timing device should be allowed to run for 15 seconds. A speed of 60 mph should be displayed. The test should be repeated with a time input of 10 seconds. A speed of 90 mph should be displayed. The speed displayed must be within +/- of 2 mph for the unit to be considered accurate.

(4) Verification of calibration must be checked each day before any enforcement activity with the device. The results of the verification test shall be recorded and retained for further reference.

(5) If so equipped, an internal time base will be checked the same as a stop watch under Rule 15B-2.012, F.A.C.

History

• Rulemaking Authority 316.1905, 321.02 FS. Law Implemented 316.1905(3)(a) FS. History–New 6-15-82, Formerly 15B-2.101, Amended 10-18-94, 5-23-04.

Fla. Admin. Code R. 15B-2.0102 Certified Operator of Visual Average Speed Computer Device

History

• Rulemaking Authority 316.1905, 321.02 FS. Law Implemented 316.1905(3)(a) FS. History‒New 6-15-82, Formerly 15B-2.102, Amended 10-18-94, Repealed 5-23-04.

Fla. Admin. Code R. 15B-2.011 Tests to Determine Accuracy of Speedometer Devices

Motor vehicle speedometer devices shall be tested by a speedometer testing shop or a motor vehicle repair shop prior to being put into use for speed enforcement and it shall be retested by a speedometer testing shop or a motor vehicle repair shop not less than once each six (6) months thereafter. All speedometer certifications shall be performed using a calibrated wheel dynamometer on which the wheels driving the speedometer are placed. Certain motorcycles which have the speedometer driven by the front wheel may require the use of a powered dynamometer. The calibration of a speedometer head alone, without the head being driven by the wheel from which it measures speed, will not be acceptable for the purposes of this rule. After September 1, 1994, all tested speedometers shall read within plus or minus three (3) mph of the actual reading and be tested by a speedometer shop or motor vehicle repair shop registered with the Florida Department of Agriculture and Consumer Services as a motor vehicle repair shop according to Sections 559.901 ‒ 559.9221, F.S. The person making the tests shall issue a certificate dated, signed and witnessed showing the degree of accuracy. Only the most recent six (6) month test certificate is required in order to establish the presumption available under Section 316.1905(3)(b), F.S.

History

• Rulemaking Authority 316.1905, 321.02 FS. Law Implemented 316.1905(3)(a) FS. History–New 9-11-78, Formerly 15B-2.11, Amended 11-16-92, 10-18-94, 5-23-04.

Fla. Admin. Code R. 15B-2.012 Tests to Determine Accuracy of Time Measurement Devices

(1) Stop watches and analog measurement devices used in calculating speeds of motor vehicles shall be tested by a jeweler or watch repair-smith prior to being put into use and it shall be retested by a jeweler or watch repair-smith not less than once each six (6) months thereafter. The jeweler or watch repair-smith shall issue after each test, a certificate dated, signed and witnessed by the jeweler or watch repair-smith showing the degree of accuracy. Only the most recent six (6) month test certificate is required in order to establish the presumption available under Section 316.1905(3)(b), F.S.

(2) Electronic stop watches or electronic time based average speed calculators may be tested by a certified electronics technician meeting the requirements of paragraph 15B-2.009(1)(a), F.A.C., in the manner and within the time period described in subsection (1).

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905 FS. History–New 9-11-78, Formerly 15B-2.12, Amended 11-16-92, 10-18-94, 5-23-04.

Fla. Admin. Code R. 15B-2.013 Approved Speed Measuring Devices

The following speed measuring devices have been approved for use in this State by the Department pursuant to this rule chapter.

(1) Radar units acquired for use in this State after August 1, 1982, are listed below. Additional radar units will be approved by the Department based on conformance to these rules. Evidence of approval of additional units shall be by a Certificate of Approval Form HSMV 60013 (Rev. 7/03) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01722), which is available by contacting the Florida Highway Patrol, Neil Kirkman Building, Tallahassee, Florida 32399-0500, or by disseminating the listing of additional units on the Florida Crime Information Center (FCIC) computer system, or by listing on the Division of Florida Highway Patrol website.

(a) Applied Concepts, Inc., formerly known as Applied Concepts Marketing:

1. Model STALKER;

2. Model STALKER DUAL;

3. Model STALKER DUAL SL;

4. Model STALKER DUAL DSR;

5. Model STALKER BASIC – stationary and moving;

6. Model DSR2X;

7. Model STALKER II MDR;

8. Model STALKER II SDR; and,

9. Stalker Patrol.

(b) Broderick Enforcement Electronic – Model BEE-36.

(c) Decatur Electronics, Inc.:

1. Model MVF 724;

2. Model KF-1;

3. Model Genesis I;

4. Model Genesis II;

5. Genesis Handheld;

6. Model Genesis VP;

7. Model Genesis VP Directional;

8. Genesis GHD (Handheld Directional);

9. Genesis II – Select;

10. Genesis II – Directional; and,

11. Scout.

(d) Kustom Electronics, Inc., or Kustom Signals, Inc.:

1. Model KR-10SP-F, Model KR-10SP;

2. Model FALCON-F, Model FALCON;

3. Model TROOPER-F, Model TROOPER;

4. Model HAWK;

5. Model PRO-1000, Model PRO-1000DS;

6. Model Eagle K-Band;

7. Model Eagle KA-Band;

8. Model Eagle Plus K-Band;

9. Model Eagle Plus KA-Band;

10. Model Silver Eagle K-Band;

11. Model Silver Eagle KA-Band;

12. Model Golden Eagle K-Band;

13. Model Golden Eagle KA-Band;

14. Model Golden Eagle Plus KA-Band;

15. Model HR-12;

16. Model Talon;

17. Directional Golden Eagle KA-Band;

18. Golden Eagle Plus;

19. Eagle II Plus – DCM Antenna;

20. Eagle II – DCM Antenna;

21. Golden Eagle II – DCM Antenna;

22. Directional Golden Eagle II – DCM Antenna;

23. Talon II;

24. Eagle II Plus Ka;

25. Eagle II Ka;

26. Golden Eagle II Ka;

27. Falcon – HR – Stationary;

28. Falcon – HR – Moving;

29. Talon – Directional; and

30. Raptor RP-1.

(e) McCoy’s LAWLINE Speed Trak Elite K, Ka and Elite KD (directional).

(f) M.P.H. Industries, Inc., or CMI/MPH or CMI/MPH Industries, Inc.:

1. Model K-15K “1986 Model,” Model K-15, Model K-15 II;

2. Model MPH Speedgun (K-BAND);

3. Model K-55K; Model BEE-36;

4. Model Bee III;

5. Model Enforcer;

6. Model Python;

7. Model Z-15;

8. Model Z-25;

9. Model Z-35;

10. Model Python III – Standard;

11. Model Python III – Fastest Speed, Same Direction; and,

12. Ranger EZ.

(g) Tribar Industries, Inc.:

1. Model MDR-2; and,

2. Model K-GP.

(2) Average Speed Calculators (ASC):

(a) Federal Sign and Signal Corp. – VASCAR II;

(b) Kustom Electronics, Inc., or Kustom Signals, Inc. – Model Tracker; and,

(c) Traffic Safety Systems, Inc. – VASCAR-Plus.

(3) Speedometers – All mechanical or electronic motor vehicle speedometers having certified calibration pursuant to these rules.

(4) Stopwatches – All stopwatches certified pursuant to subsection 15B-2.008(4), and Rule 15B-2.012, F.A.C. The following stopwatches are approved for use in this State when they have been tested according to this rule chapter. The absence on this list of other stopwatches used by other law enforcement agencies or the Florida Highway Patrol does not preclude their use when they have been properly tested.

Brand Name Model Number

(a) Casio HS-10W

(b) Timex Quartz Timer None

(c) Heuer 1000

(d) Heuer 1010

(e) Seiko S022-5009

(f) Accusplit 620-CT

(g) Minerva Manual Timer None

(h) Seiko 87-0019G

(i) Aristo Apollo

(j) Lorus W903

(k) Marshall Browning International Corp. Robic Acutrak SC-800

(5) Laser speed measuring devices (LSMD) – Evidence of approved LSMD shall be by a certificate or listing on the FCIC computer, or by a listing on the Division of Florida Highway Patrol website, as set forth in subsection (1) of this rule. In addition, the following LSMDs are approved for use in this State:

(a) Kustom Electronics, Inc., or Kustom Signals, Inc. – Model ProLaser II; Model ProLaser III; Pro-Lite Plus; Model ProLaser 4;

(b) Laser Technology, Inc. – Model Marksman/LTI 20-20, Model Ultralyte LTI 20/20 Lidar, Model Ultralyte 100LR and 200LR, Model Ultralyte LRB; Model LTI 20/20 TruSpeed; Model LTI 20/20 TruSpeed S;

(c) Applied Concepts, Inc. – Model Stalker Lidar; Stalker LR;

(d) Laser Atlanta Optics, Inc. or Laser Atlanta, LLC – Model Speed Laser, Model Speed Laser B Model Speed Laser R, Model Speed Laser S; and,

(e) DragonEye Technology, LLC – Laser Ally.

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 1-1-90, Amended 11-16-92, 10-18-94, 10-2-95, 5-23-04, 1-1-09, 6-6-10, 11-15-12.

Fla. Admin. Code R. 15B-2.014 Minimum Design Criteria for Laser Speed Measurement Devices

(1) Manufacturers of laser speed measurement devices (LSMD) shall submit a report to the Department by an independent testing laboratory certifying that each model meets the following minimum design criteria:

(a) The device shall measure transmitted and received light amplified by stimulated emission of radiation, otherwise known as LASER.

(b) The device determines the speed of vehicles by the pulse ‒ echo method using the time of flight of a series of pulses of laser light.

(c) The device shall use solid state digital techniques for distance and speed calculations.

(d) The device shall comply with the limits for a class A digital device as defined in 47 C.F.R. 15.3(h), which is incorporated by reference.

(e) The device is certified as a Class I (one) eye safe device according to the criteria established by the U.S. Department of Health and Human Services, Center for Devices and Radiological Health, Food and Drug Administration, Rockville, Maryland 20582, (21 C.F.R. 1040) which is incorporated by reference.

(f) The device shall only transmit light pulses when a finger operated trigger is pressed. When this trigger is released the device shall cease to transmit. The devices shall not have any method to lock the trigger in the transmit mode.

(g) The device shall be capable of measuring target vehicle speeds over the speed range of 5 mph to 100 mph, with an accuracy of plus or minus 1 mph over this range.

(h) The device shall measure distances with an accuracy of plus or minus 1 foot, between 50 and 1000 feet, and display distances in feet.

(i) The device shall be capable of being converted to metric units for distance and speed by the manufacturer.

(j) The device shall be weather resistant.

(k) The device shall have a self test mode, which will operate automatically when the device is turned on, and when the self test is initiated by the operator. Self test shall verify that the computing and timing circuits are operating correctly, and shall illuminate all light emitting indicators so that the condition can be verified by the operator.

(l) The device shall truncate decimal values of the target speed display to produce whole number values.

(m) The device shall be capable of measuring both approaching and receding vehicles, and display a visual indication that differentiates direction.

(n) The device shall provide an audio tone indicating when a target vehicle has been acquired.

(o) The device shall meet all the minimum performance specifications over the manufacturers specified voltage range. The device shall contain the following features related to the power supply circuitry:

1. A power supply on/off switch.

2. A visual indicator to allow the operator to determine that electrical energy is being supplied to the device.

3. A low voltage indicator that alerts the operator either visually or audibly of low voltage conditions, and automatically prevents operation.

4. Internal circuitry that protects against accidental reversal of power supply polarity.

5. An in-line fuse or equivalent mounted between the power supply and the device to prevent power surges in excess of 16.3 volts.

(p) The device shall detect spurious readings due to radio frequency interference and inhibit any speed display.

(q) The device shall be permanently marked with the functions and setting of all switches, controls and displays. It shall not be possible to set the controls to a functional mode of operation that is not marked or identified.

(r) The manufacturer shall permanently mark each device with the name of the LSMD model and the serial number for the specific LSMD.

(s) The manufacturer shall provide the procedures that verify the accurate alignment of the sighting element.

(t) When an Average Speed Calculator (ASC) is installed and used as a separate feature of a LSMD, the ASC feature must be certified separately and in addition to the LSMD under paragraph 15B-2.008(2)(d), F.A.C.

(2) Beginning June 30, 2004, all new LSMD’s sold in the state of Florida must meet all requirements of this chapter; and:

(a) The Model Minimum Performance Specifications for Lidar Speed Measurement Devices, July 1, 2001, NHTSA document #DOT HS 809 239, which is incorporated by reference. This document is available by contacting the Office of Law Enforcement Standards, c/o National Institute of Standards and Technology, 100 Bureau Drive, Stop 8102, Gaithersburg, Maryland 20899-08102.

(b) Shall be restricted to reading vehicle speeds at a distance not greater than 3000 feet.

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 10-18-94, Amended 5-23-04.

Fla. Admin. Code R. 15B-2.015 Checks to Determine Speed and Distance Accuracy of Laser Speed Measuring Devices

(1) Prior to an operator using an LSMD for enforcement activity and subsequent to the last enforcement action taken using an LSMD, but prior to the end of each shift in which an LSMD was used, the following accuracy checks shall be performed and recorded into a written log. The log forms may be of a design that meets the needs of the particular law enforcement agency:

(a) Display Check – Activate the display test procedure to verify that all segments and other light indicators are functioning properly.

(b) Internal Accuracy Check – The internal accuracy check shall be made in accordance with the manufacturers specifications.

(c) Laser Distance/Alignment Check –

1. In a convenient location, establish two permanent known distances using a steel measuring tape or surveyor’s instrument to check targets set at a distance of at least 100 feet and separated by at least 100 feet. The targets shall be one (1) foot square, the center of which shall be mounted not less than three (3) feet nor more than nine (9) feet from ground level. Both targets must be clear of all obstructions from the measurement starting point.

2. The operator shall align the device at the established starting point and take a measurement of the two targets, to verify it’s accuracy of plus or minus one (1) foot.

(d) Sight alignment check – Using a suitable target at least 200 feet away, check the site alignment according to the manufacturer’s specifications both vertically and horizontally.

(2) Average Speed Calculators (ASC) installed as part of an LSMD shall be checked and operated as outlined in Rule 15B-2.0101, F.A.C.

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 10-18-94, Amended 5-23-04.

Fla. Admin. Code R. 15B-2.016 Tests to Determine Accuracy of Laser Speed Measuring Devices

(1) All LSMD used in this state shall be subject to periodic tests at intervals not to exceed six (6) months, to be conducted by a Florida registered professional engineer or by an electronic Technician who has a Federal Communication Commission, General Radiotelephone Operator License, or a certification issued by one of the following:

(a) Association of Public-Safety Communications Officials-International (APCO);

(b) Personal Communications Industries Association (PCIA), formerly known as National Association of Business and Education Radio (NABER); or

(c) National Association of Radio and Telecommunications Engineers (NARTE).

(2) Only the most recent six (6) month test certificate is required in order to establish the presumption available under Section 316.1905(3)(b), F.S. Tests will include:

(a) Bench Tests – Wavelength verification, optical power output, pulse repetition rate, pulse width, and verify that the pulse train is free of any double laser pulses or intermittent laser pulses. The results of these tests shall conform with the safety report from the U.S. Department of Health and Human Services, Center for Devices and Radiological Health (CDRH), Food and Drug Administration (21 C.F.R. part 1040), which is incorporated by reference, and the manufacturer’s specifications, both of which will be supplied by the manufacturer.

(b) Distance/Velocity – A complete verification test as described in paragraphs 15B-2.015(1)(a) through (c), F.A.C., and a Velocity Verification test certifying that the Laser Speed Output was compared to Actual Speed as verified by a certified radar device. The results of these tests will not be greater than plus or minus one (1) foot for the distance tests, and plus or minus one (1) mph for the speed test.

(c) Sight Alignment/Beam Pattern Test. The sighting device will be checked for accuracy to determine that it remains within the laser beam at all distances from 500-3000 feet. This may be determined from calculation based on an initial beam pattern/sight alignment analysis. The beam will be analyzed to determine that it is within the pattern/size tolerances specified by the manufacturer.

(d) Each test shall be recorded on form Laser Speed Measuring Devise Certification, HSMV 61071, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01721) (05/12), which is incorporated by reference. Blank forms are available by contacting the Department at the address described in subsection 15B-2.0082(1), F.A.C.

(e) When an Average Speed Calculator (ASC) is installed and used as a separate feature of an LSMD, the ASC feature must be certified separately and in addition to the LSMD under paragraph 15B-2.008(2)(d), F.A.C.

History

• Rulemaking Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 10-18-94, Amended 5-23-04, 1-1-09, 11-15-12.

Chapter 15B-4 PUPIL TRANSPORTATION

Fla. Admin. Code R. 15B-4.001 Specifications and Regulations for All Nonpublic School Buses in Operation on, or Purchased Before, July 1, 1969, Twenty-four (24) Passenger Capacity and Up

History

• Rulemaking Authority 316.288 FS. Law Implemented 316.288 FS. History–New 11-20-75, Formerly 15B-4.01, Transferred to 15C-6.01, 4-17-81, Transferred back to 15B-4.01, 11-6-81, Repealed 8-5-12.

Fla. Admin. Code R. 15B-4.002 Specifications and Regulations for All Nonpublic School Buses Purchased After July 1, 1969, 24 Passenger Capacity and Up

Adoption of all specifications and regulations in force by the State Department of Education for twenty-four (24) passenger and up school buses in the public school system.

History

• Rulemaking Authority 316.288 FS. Law Implemented 316.288, 234.02 FS. History–New 11-20-75, Formerly 15B-4.02, Transferred to 15C-6.02, 4-17-81, Transferred back to 15B-4.02, 11-6-81.

Chapter 15B-5 ENERGY ABSORPTION SYSTEMS - MANUFACTURER'S CERTIFICATION

Fla. Admin. Code R. 15B-5.001 Warranty on Sale and Titling of Motor Vehicles Absorption System; Certificate Filed with Department

History

• Rulemaking Authority 325.26 FS. Law Implemented 501.125 FS. History–New 11-20-75, Formerly 15B-5.01, Repealed 8-5-12.

Chapter 15B-6 ACCIDENT PHOTOGRAPHS

Fla. Admin. Code R. 15B-6.001 Charges for Accident Photographs

History

• Rulemaking Authority 119.07(1), 120.53(1)(a) FS. Law Implemented 119.07, 120.53, 320.05(1) FS. History–New 4-29-79, Formerly 15B-6.01, Repealed 8-5-12.

Chapter 15B-7 PHYSICAL FITNESS

Fla. Admin. Code R. 15B-7.001 General Policy on Need for Physical Fitness

Members of the Florida Highway Patrol are expected to maintain a high level of physical fitness in order to sustain the muscular strength and endurance necessary to carry out the duties of a trooper, such as subduing prisoners, chasing fleeing escapees on foot and carrying out riot and crowd control responsibilities.

History

• Rulemaking Authority 321.02 FS. Law Implemented 321.02 FS. History–New 7-18-79, Formerly 15B-7.01.

Fla. Admin. Code R. 15B-7.002 Exercise

Exercise is the key to physical fitness. Members should continuously carry on a self-conditioning program designed to meet their individual needs for the development and maintenance of all aspects of physical fitness. The program should include exercises for the following:

(1) Cardiovascular Endurance – The heart’s ability to perform more work than usual, more economically for a prolonged period and to recover quickly upon cessation of activity. The condition of the circulatory (cardiovascular) system is the prime factor in the development and maintenance of a well conditioned body. Such activities as running, jogging, swimming and cycling will develop this aspect of total fitness.

(2) Muscular Strength and Endurance – Strength is the ability of a muscle to contract and overcome resistance. It is the maximum amount of force a muscle can exert in a single contraction. Muscular endurance is the ability of muscles to either maintain maximum contractions or to contract repetitively for a relatively long period of time. Weight lifting, isometric exercises, push-ups, pull-ups, sit-ups and working with heavy medicine balls will develop muscular strength and endurance.

(3) Flexibility – This is the range of motion of the joints. This motion can be increased by regular exercises featuring stretching, bending and twisting movements.

History

• Rulemaking Authority 321.02 FS. Law Implemented 321.02 FS. History–New 7-18-79, Formerly 15B-7.02.

Fla. Admin. Code R. 15B-7.003 Weight Control

(1) Weight control is an important part of the maintenance of physical fitness. The obese person is not only likely to suffer from a variety of ailments but also presents a poor personal appearance. It is difficult for troopers to present a professional appearance when they are grossly overweight. In addition, an obese person is frequently tired and sluggish, short of breath and suffers from vertigo and heart palpitation.

(2) Members shall maintain control of their weight in relation to their height, sex and body build. There are several charts and tables available indicating the ideal or desirable weight based on the above factors. The maximum allowable weight by heights for all ages and body builds for the members of the Florida Highway Patrol shall be those used by the Federal Bureau of Investigation as set out below:

MALES

Height Small Frame Medium Frame Large Frame

5' 4'' 117 ‒ 138 123 ‒ 149 131 ‒ 163

5' 5" 120 ‒ 142 126 ‒ 153 134 ‒ 167

5 ' 6" 124 ‒ 146 130 ‒ 157 138 ‒ 173

5' 7" 128 ‒ 151 134 ‒ 163 143 ‒ 178

5' 8" 132 ‒ 155 138 ‒ 167 147 ‒ 183

5' 9" 136 ‒ 161 142 ‒ 172 151 ‒ 187

5' 10" 140 ‒ 165 146 ‒ 177 155 ‒ 193

5' 11" 144 ‒ 169 150 ‒ 183 160 ‒ 198

6' 148 ‒ 174 154 ‒ 188 164 ‒ 204

6' 1" 152 ‒ 179 158 ‒ 194 169 ‒ 209

6' 2" 156 ‒ 184 163 ‒ 199 174 ‒ 215

6' 3" 160 ‒ 188 168 ‒ 205 178 ‒ 220

6' 4" 169 ‒ 198 178 ‒ 216 188 ‒ 231

6' 5" 174 ‒ 204 182 ‒ 222 192 ‒ 238

FEMALES

Height Small Frame Medium Frame Large Frame

5' 0" 96 ‒ 114 101 ‒ 124 109 ‒ 138

5' 1" 99 ‒ 118 104 ‒ 128 112 ‒ 141

5' 2" 102 ‒ 121 107 ‒ 131 115 ‒ 144

5' 3" 105 ‒ 124 110 ‒ 135 118 ‒ 149

5' 4" 108 ‒ 128 113 ‒ 139 121 ‒ 152

5' 5" 111 ‒ 132 117 ‒ 144 125 ‒ 156

5' 6" 114 ‒ 135 120 ‒ 149 129 ‒ 161

5' 7" 118 ‒ 140 124 ‒ 153 133 ‒ 165

5' 8" 122 ‒ 144 128 ‒ 157 137 ‒ 169

5' 9" 126 ‒ 149 132 ‒ 162 141 ‒ 174

5' 10" 130 ‒ 154 136 ‒ 166 145 ‒ 179

5' 11" 134 ‒ 158 140 ‒ 171 149 ‒ 185

6' 0" 138 ‒ 163 144 ‒ 175 153 ‒ 190

(3) Exception to the maximum limits may be made for members who have a large amount of muscle weight (without excessive fat) and if a physician certifies that the individual is not overweight due to excess fat.

(4) Failure to comply with the maximum weight limits will result in a low rating for personal appearance on the employee evaluation form. Refusal of a member to bring his weight within the standards set out above for his height and frame size when ordered to do so by his superior shall constitute the offense of insubordination, and shall be disciplined as follows:

FIRST SECOND THIRD OR MORE OFFENSE

OFFENSE OFFENSE One Week Suspension

Maximum: Written Written Reprimand to Dismissal

Reprimand to Dismissal

History

• Rulemaking Authority 321.02 FS. Law Implemented 321.02 FS. History–New 7-18-79, Formerly 15B-7.03.

Fla. Admin. Code R. 15B-7.004 Self-Conditioning Program

Any member who is in poor physical condition should seek medical supervision for a self-conditioning program or for a weight loss program.

(1) Excessive exercise before the body is prepared for it can be harmful. A progressive program which allows the body to build its exercise load is needed.

(2) Fad diets which promise quick weight reduction can be harmful. A proper balance of calorie intake and energy output must be obtained.

History

• Rulemaking Authority 321.02 FS. Law Implemented 321.02 FS. History–New 7-18-79, Formerly 15B-7.04.

Fla. Admin. Code R. 15B-7.005 Physical Examination

The Director of the Division of the Florida Highway Patrol may require a member to submit to a physical examination, at Department expense, for the purpose of determining the fitness of the member to perform the duties of a Highway Patrol Officer.

History

• Rulemaking Authority 321.02 FS. Law Implemented 321.02 FS. History–New 7-18-79, Formerly 15B-7.05.

Chapter 15B-8 RETIREMENT AWARD

Fla. Admin. Code R. 15B-8.001 Retirement Award

(1) Every member of the uniform division of the Florida Highway Patrol (law enforcement officer) who retires with full benefits under the state retirement system including medical disability retirement or who is eligible to retire when resigning from the Division to accept an elected public office shall be eligible to receive one complete uniform including the badge, a service revolver, and an identification card which shows the name, rank, and date of employment and date of retirement from the Division and which shall be clearly marked, “Retired.”

(2) Upon the death of any Florida Highway Patrol officer while in the performance of duty, the Division is authorized to present to the member’s spouse or other beneficiary, upon request, one complete uniform, including the member’s handgun which was issued by the Division. If the Division no longer possesses the issued handgun, the Division shall, upon written request of the spouse or beneficiary, present a similar handgun. For the purpose of this rule “beneficiary” shall mean a member of the officer’s immediate family, including the parents, grandparents, or children.

(3) The Florida Highway Patrol uniform or any portion thereof, presented to a retired member or to a deceased member’s spouse or other beneficiary shall not be worn in a public place.

(4) Upon the death of any retired Florida Highway Patrol Officer the uniform presented said Florida Highway Patrol officer may be used for funeral purposes.

(5) Except as provided in subsection (1) of this rule, no Florida Highway Patrol officer who has taken either an early retirement or a medical disability retirement involving a mental impairment under the state retirement system shall be eligible to receive benefits under this section.

History

• Specific Authority 112.193(3) FS. Law Implemented 112.193 FS. History–New 9-16-80, Amended 6-17-81, Formerly 15B-8.01, Amended 1-18-94.

Chapter 15B-9 WRECKER QUALIFICATIONS AND ALLOCATION SYSTEM

Fla. Admin. Code R. 15B-9.001 Scope and Purpose

(1) These rules do not apply to a vehicle owner’s or operator’s request for utilization of a specific wrecker operator, whether or not such wrecker operator is an authorized wrecker operator. When a vehicle owner or operator requests a specific wrecker operator, the vehicle owner’s or operator’s request will be honored without resort to these rules unless the trooper at the scene determines that the wrecked, disabled, or abandoned vehicle is located on an interstate highway or a limited access highway, as defined in Chapter 316, Florida Statutes, is blocking travel lanes on a state roadway, or is otherwise creating a traffic or safety hazard or determines that use of the wrecker operator requested by the vehicle owner or operator will result in a significant delay in the removal of the vehicle as compared to the time necessary for removal of the vehicle by an authorized wrecker operator.

(2) These rules also do not apply when employees or agents of the Florida Department of Transportation, other law enforcement agencies with proper jurisdiction, or an authority created pursuant to Chapters 348 or 349, Florida Statutes, undertakes to have wrecked, disabled, or abandoned vehicles removed from roadways within the jurisdiction of those respective entities.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.01, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.002 Definitions

The following terms have the meaning indicated:

(1) “Abandoned Vehicle” – An unattended vehicle which the division has determined must be removed because the vehicle is improperly parked in violation of Sections 316.194, 316.1945 or 316.1951, Florida Statutes, or a vehicle which has been reported to a law enforcement agency as having been stolen.

(2) “Authorized wrecker operator” – A wrecker operator that is included in and participating in the division’s wrecker operator system for a zone.

(3) “Call for service” or “called for service”– A request sent by a Florida Highway Patrol employee, Florida Highway Patrol regional communications center, or third party authorized by the Florida Highway Patrol, by or through a telephone call, text message, electronic message, cellular application, computer application or program, or other means of notification, as determined by the Florida Highway Patrol for a Troop or zone, to an authorized wrecker operator’s communications system for the dispatch by an authorized wrecker operator of a wrecker or wreckers to remove or deal with one or more wrecked, disabled, or abandoned vehicles.

(4) “Chasing or running wrecks” – Occurs when an authorized wrecker operator drives by the scene of a wrecked or disabled vehicle before the arrival of an authorized wrecker operator pursuant to a call for service and initiates contact with the owner or operator of the wrecked or disabled vehicle by soliciting or offering towing services to such owner or operator, regardless of whether or not that authorized wrecker operator actually tows the wrecked or disabled vehicle.

(5) “Class A Wrecker” - Wreckers used for the removal of cars and light duty trucks and vehicles weighing 10,000 pounds gross vehicle weight or less.

(6) “Class “B” Wrecker” – Wreckers used for removal of medium duty trucks or vehicles weighing 20,000 pounds gross vehicle weight or less.

(7) “Class C Wrecker” – Wreckers used for the removal of heavy duty trucks, house trailers, buses, etc., weighing over 20,000 pounds gross vehicle weight.

(8) “Department” – The Department of Highway Safety and Motor Vehicles.

(9) “Division” – The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles.

(10) “Driver” – Any person who:

(a) Drives or operates a wrecker on behalf of an authorized wrecker operator, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or the owner of the authorized wrecker operator.

(b) Will drive or operate a wrecker on behalf of a wrecker operator, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or the owner of the wrecker operator to respond to calls for service, if the wrecker operator is approved as an authorized wrecker operator.

(11) “Failure to provide service” – A:

(a) Failure to respond when called for service;

(b) Failure to arrive at the scene after responding that the authorized wrecker operator would provide service in response to a call for service;

(c) Failure to accept a call for service; or

(d) Refusal to accept a call for service.

(12) “Not reputable” means when a person:

(a) Has been convicted of a forcible felony as defined in Section 776.08, Florida Statutes.

(b) Has been convicted of a felony listed in Section 812.014(2)(c)6., Florida Statutes.

(c) Has been convicted of a felony listed in Section 812.16(2), Florida Statutes.

(d) Has been convicted one or more felonies arising from or related to the wrecker operator business.

(e) Has been convicted of two or more felonies, either committed at different times or arising from unrelated offenses.

(f) Has been convicted of a felony and has been denied approval as an authorized wrecker operator, a principal of an authorized wrecker operator, or as a driver in the immediately preceding five (5) calendar years for any reason other than the conviction of a felony, except a forcible felony as defined in Section 776.08, Florida Statutes, a felony listed in Section 812.014(2)(c)6., Florida Statutes, or a felony listed in Section 812.16(2), Florida Statutes.

(g) Has been arrested and has pending adjudication for one or more criminal charges for a forcible felony as defined in Section 776.08, Florida Statutes, a felony listed in Section 812.014(2)(c)6., Florida Statutes, a felony listed in Section 812.16(2), Florida Statutes, one or more felonies arising from or related to the wrecker operator business, or two or more felony offenses either committed at different times or arising from unrelated offenses.

(h) Is subject to an injunction for protection against domestic violence issued pursuant to Section 741.30, Florida Statutes.

(i) Is subject to an injunction for protection against repeat violence, sexual violence, or dating violence issued pursuant to Section 784.046(7), Florida Statutes.

(j) Is the subject of a risk protection order issued pursuant to Section 790.401, Florida Statutes.

(k) Has been adjudicated an incapacitated person pursuant to Section 744.331, Florida Statutes.

(l) Has been convicted of a felony and is required to register as a sexual predator pursuant to Section 943.0435, Florida Statutes, or as a sexual offender pursuant to Section 944.607, Florida Statutes.

(m) Has knowingly furnished false information to the department, the division, another government agency or entity, including, but not limited to, as a part of an application to be an authorized wrecker operator or a driver, as a part of an application to be a wrecker operator for another governmental agency or entity, or in a statement to another governmental agency or entity in the course of a wrecker operator business, in the immediately preceding three (3) calendar years.

(n) As a driver, responded to one or more calls for service while under the influence of alcohol, any controlled substance, or chemical substance, in the immediately preceding three (3) years.

(o) Is a driver and has been convicted of a violation of Section 316.193, Florida Statutes, in the immediately preceding eighteen (18) months, has a pending charge for a violation of Section 316.193, Florida Statutes, or is or was disqualified, pursuant to Section 322.64, Florida Statutes, during the immediately preceding eighteen (18) months.

(p) Is a driver whose driver license is or was suspended, for refusing to take a breath, blood or urine test as required pursuant to Section 316.1932, Florida Statutes, in the immediately preceding eighteen (18) months, whose driver license is or was suspended, pursuant to Section 322.2615, Florida Statutes, in the immediately preceding eighteen (18) months, or whose commercial driver license has been downgraded pursuant to Section 322.591, Florida Statutes.

(q) Has been suspended or removed from the authorized wrecker system or has been suspended or removed as a driver, for the use of a wrecker which has been suspended or removed from the authorized wrecker system within the immediately preceding three (3) calendar years.

(r) Has been suspended or removed from a wrecker rotation system or list by any law enforcement agency within the immediately preceding three (3) calendar years.

(13) “Person” – Has the same meaning as in Section 1.01, Florida Statutes, including, but not limited to, a sole proprietor, corporation, limited liability company, partnership, limited partnership, business association, or other type of business entity.

(14) “Principal” – Each person, employee, agent, independent contractor, officer, director, shareholder, member, partner, limited partner, or owner, which owns more than 10 percent of the equity ownership of an authorized wrecker operator or a wrecker operator, if the wrecker operator has applied to be an authorized wrecker operator.

(15) “Roll-back or slide-back wrecker” – A type of wrecker used and designed to transport or carry passenger cars, light trucks, small trailers, burned vehicles, sports cars, boats and other cargo, weighing 10,000 pounds gross vehicle weight or less, consisting of a flat bed-type body which hydraulically slides back on the frame until it reaches ground level to facilitate loading by use of a winch which is used to pull or slide the vehicle onto the wrecker.

(16) “Solicitation” – Conduct of an employee, agent, independent contractor, officer, shareholder, director, member, or owner of a wrecker operator which tempts, entices, suggests, offers services to, or makes requests of any person regarding removal of a wrecked, disabled, or abandoned vehicle.

(17) “State holiday” – Holidays observed by state agencies pursuant to Section 110.117(1), Florida Statutes.

(18) “Troop” – An organizational unit of the Florida Highway Patrol which has been assigned to patrol and primarily operate within a specific group of contiguous counties in Florida, but not including any organizational units of the Florida Highway Patrol assigned to patrol and primarily operate in an area whose boundaries overlay those of other, specific organizational units of the Florida Highway Patrol that are assigned to a specific group of contiguous counties in Florida, assigned to patrol roadways operated by the Florida Turnpike Enterprise of the Florida Department of Transportation, or whose primary duties do not include patrolling any specific portion of Florida.

(19) “Troop commander” – The Florida Highway Patrol officer designated by the division director to command a troop.

(20) “Trooper” – An employee, member or officer of the Florida Highway Patrol.

(21) “Wrecker” – A tow truck, including a roll-back or slide-back carrier, that is:

(a) Designed and constructed as a tow truck by a commercial wrecker manufacturer which offers its wreckers for sale, or

(b) Assembled by a business licensed and approved to assemble and certify wreckers according to manufacturer’s specifications published on the manufacturer’s website or the manufacturer’s manual in the possession of the wrecker operator that owns the wrecker.

A wrecker may be a Class A wrecker, a Class B wrecker, a Class C wrecker or a roll-back or slide-back wrecker.

(22) “Wrecker staff person” – Any person who:

(a) Handles, processes, or has access to any payment transaction or payment information for the removal of one or more wrecked, disabled, or abandoned vehicles for or on behalf of an authorized wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator;

(b) Will handle, process, or have access to any payment transaction or payment information for the removal of one or more wrecked, disabled, or abandoned vehicles for or on behalf of a wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator, if the wrecker operator is approved as an authorized wrecker operator;

(c) Has any access to or any control of access to one or more wrecked, disabled, or abandoned vehicles stored by an authorized wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator; and

(d) Will have any access to or any control of access to one or more wrecked, disabled, or abandoned vehicles stored by a wrecker operator as a result of a call for service or the wrecker operator system, regardless of whether such person is an employee, agent, independent contractor, sole proprietor, officer, shareholder, director, member, partner, limited partner, or owner of the authorized wrecker operator, if the wrecker operator is approved as an authorized wrecker operator.

(23) “Wrecker Operator” – Has the same meaning as in Section 1.01, Florida Statutes.

(24) “Wrecker operator system” – The system of authorized wrecker operators that are to be called for service, in rotation within each zone, when a wrecked, disabled, or abandoned vehicle must be removed from a crash scene or stored, or when the owner or operator is incapacitated, unavailable, or has left the procurement of a wrecker to the Florida Highway Patrol officer at the scene.

(25) “Zone” – A contiguous geographic area within the boundaries of a troop which has been designated by the division, pursuant to Rule 15B-9.003, F.A.C.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.02, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.003 Wrecker Operating System; Establishment of Zones and the Number of Authorized Wrecker Operators for Each Zone

(1)(a) Each troop commander shall divide the geographic area within his or her troop into one or more zones with clearly defined boundaries for the purpose of establishing a list of authorized wrecker operators for each separate zone. The division director, or his or her designee, on behalf of the division shall review, may revise, and shall approve in writing, the zone or zones established by each troop commander. Upon approval of the zone or zones for a troop by the division, a list of authorized wrecker operators for each such zone shall be established pursuant to this rule chapter.

(b) The boundaries for each zone shall be established based on:

1. Clearly defined geographic features such as county boundaries, highways, roads, or bodies of water;

2. Distances that wreckers operated by authorized wrecker operators must travel to various geographic locations within the zone to handle wrecked, disabled, or abandoned vehicles;

3. Travel times typically experienced by wreckers operated by authorized wrecker operators from the authorized wrecker operators’ places of business to crash scenes within the geographic boundaries of the zone;

4. The need to provide adequate and timely service by authorized wrecker operators in the zone to protect highway users and first responders at the scene of wrecked, disabled or abandoned vehicles;

5. The volume of wrecked, disabled, or abandoned vehicles requiring wrecker services within each zone;

6. Changes over time to the items specified in sub-paragraphs (1)(b)3., 4., and 5.

(c) A troop commander, subject to the written approval of the division director, or his or her designee, on behalf of the division may revise the boundaries of one or more zones within the geographic boundaries of a troop.

(d) When the establishment of a new zone or a change in the boundaries of a zone or zones necessitates an increase in the number of authorized wrecker operators for a zone or zones and the applicable troop has not previously received an application from a wrecker operator to be an authorized wrecker operator which satisfies the need in a zone or zones, a notice shall be published on the Department of Highway Safety and Motor Vehicles’ website indicating the deadline for a wrecker operator to submit an application pursuant to Rule 15B-9.0031, F.A.C., to be considered to be an authorized wrecker operator in the affected zone or zones.

(2)(a) Each troop commander, with the approval of the division director, or his or her designee, shall determine the number of authorized wrecker operators which will be approved for each zone within his or her troop and shall re-evaluate the number of authorized wrecker operators which will be approved within each zone of her or his Troop not less than every three years beginning not later than 2028.

(b) The number of authorized wrecker operators which may be approved by each troop commander for a zone shall be based on the:

1. Need for authorized wrecker operators in each zone to deal with wrecked, disabled, or abandoned vehicles within the zone;

2. Distances that wreckers operated by authorized wrecker operators must travel to various geographic locations within the zone to handle wrecked, disabled, or abandoned vehicles;

3. Travel times typically experienced by wreckers operated by authorized wrecker operators from the authorized wrecker operators’ places of business to crash scenes within the geographic boundaries of the zone;

4. Need to provide adequate and timely service by authorized wrecker operators in the zone to protect highway users and first responders at the scene of wrecked, disabled or abandoned vehicles;

5. Volume of wrecked, disabled, or abandoned vehicles requiring wrecker services within each zone;

6. Changes over time to the items specified in sub-paragraphs (2)(b)1., 3., 4., and 5.

(c) At any time, the troop commander, subject to the written approval of the division director, or his or her designee, on behalf of the division, may propose an increase in the number of authorized wrecker operators for a zone if the troop commander determines that a zone does not have an adequate number of authorized wrecker operators.

(d) The division director, or his or her designee, on behalf of the division, shall review any change proposed by a troop commander in the number of authorized wrecker operators for a zone, including any proposed increases or decreases thereto, may revise, and shall approve in writing, the number of authorized wrecker operators for each affected zone.

(e) Upon the approval of any change in the number of authorized wrecker operators for a zone by the division, a determination that a sufficient number of authorized wrecker operators does not exist in an zone or zones, or a determination by the division that a zone needs a wrecker of a class or type that the zone does not have available and the applicable troop has not previously received an application from a wrecker operator to be an authorized wrecker operator which satisfies the need in a zone, the division will publish a notice of the change on the Department of Highway Safety and Motor Vehicles’ website. If the number of authorized wrecker operators for a zone is increased, or a zone does not have a wrecker of a class or type needed, such notice shall indicate the deadline for wrecker operators to submit an application pursuant to Rule 15B-9.0031, F.A.C., to be considered to be an authorized wrecker operator for that zone.

(f) Any reduction in the number of authorized wrecker operators for a zone proposed by a troop commander and approved on behalf of the division by the division director, or his or her designee, because the number of authorized wrecker operators for a zone is excessive may only be implemented through attrition in the number of authorized wrecker operators in a zone.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.03, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.0031 Applications to be an Authorized Wrecker Operator; Requirements for Wrecker Operators; Investigation of Applications

(1) A wrecker operator must make a separate application to the division to be included on the list of authorized wrecker operators for a zone.

(a) Not later than sixty (60) days after this rule become effective, each authorized wrecker operator in each zone shall complete the Application For Inclusion on the Wrecker Operator System, form HSMV 60323, so that the division has a current and completed Application For Inclusion On The Wrecker Operator System, form HSMV 60323 (Eff. 12/2025), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18956, for all authorized wrecker operators.

(b) An application by a wrecker operator to be an authorized wrecker operator for a zone must be completed, indicate the wrecker class or wrecker classes the wrecker operator has, be signed on behalf of the wrecker operator by an authorized representative of the applying wrecker operator, must specify the zone for which the application is submitted, and must be filed with the division not later than the date specified in a notice published pursuant to paragraph 15B-9.003(1)(d) or (2)(e), F.A.C. However, wrecker operators may file an application at any time with the applicable troop to be considered to be an authorized wrecker operator for a zone within that troop. The application shall be made on the Application For Inclusion on the Wrecker Operator System, form HSMV 60323. The zones established pursuant to subsection 15B-9.003(1), F.A.C. for each respective troop of the Florida Highway Patrol are:

1. Troop A Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18944.

2. Troop B Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18945.

3. Troop C Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18946.

4. Troop D Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18947.

5. Troop E Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18948.

6. Troop F Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18949.

7. Troop G Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18950.

8. Troop H Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18951.

9. Troop L Wrecker Zones (Eff. 12/2025), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18952.

(c) Form HSMV 60323 must be accompanied by a certified criminal background check obtained from the Florida Department of Law Enforcement of the authorized wrecker operator or wrecker operator, each principal of the authorized wrecker operator or wrecker operator, each wrecker staff person of the authorized wrecker operator or wrecker operator, and each driver used by the authorized wrecker operator or to be used by the wrecker operator to respond to calls for service. The division may require a wrecker operator to submit new certified criminal background checks for such persons obtained from the Florida Department of Law Enforcement if the certified criminal background checks were obtained more than ninety (90) days prior to the completion of the investigation required pursuant to subsection (4).

(d) A wrecker operator may be listed as an authorized wrecker operator only once for a zone and only under the name which the wrecker operator applied to be an authorized wrecker operator pursuant to provisions of this rule chapter. A wrecker operator that is an authorized wrecker operator and is conducting business at one physical location may not use different business entities (i.e., individuals, sole proprietors, corporations, limited liability companies, partnerships, limited partnerships, business associations, or similar entities under common ownership) or fictitious names to operate as an authorized wrecker operator from the same physical place of business in a zone or from different physical places of business in a zone.

(e) A wrecker operator may be an authorized wrecker operator in more than one zone but only when the wrecker operator has a separate physical place of business in each zone, one or more separate wreckers and drivers are assigned to the authorized wrecker operator’s physical place of business in each zone, and different individuals manage the day-to-day operations of the authorized wrecker operator’s physical place of business in each zone.

(f) Two or more wrecker operators owned, controlled, or operated by the same person, individual or individuals, sole proprietor, corporation, partnership, limited partnership business association, or similar entities with common ownership, may not be authorized wrecker operators in the same zone. When two or more wrecker operators are owned, controlled, or operated by the same person, individual or individuals, sole proprietor, corporation, partnership, limited partnership business association, or similar entities with common ownership, each such separate wrecker operator may be listed as an authorized wrecker operator in different zones but only when each such authorized wrecker operator has a separate physical place of business in each zone, one or more wreckers are assigned only to the authorized wrecker operator’s physical place of business in each zone, and different individuals manage the day-to-day operations of the authorized wrecker operator’s physical place of business in each zone.

(2) When the division establishes a new zone, changes the boundaries of any previously existing zone, or approves an increase in the number of authorized wrecker operators for a zone, a division representative shall investigate each Application For Inclusion on the Wrecker Operator System, form HSMV 60323, which is timely submitted to the division to be an authorized wrecker operator for an affected zone.

(3) To be eligible to apply for inclusion on and to remain on the list of authorized wrecker operators for a zone:

(a) A wrecker operator’s physical place of business must be located in that zone.

(b) The wrecker operator’s physical place of business must have and maintain:

1. A sign that identifies the place of business to the public as a wrecker operator establishment and the telephone number for the receipt of telephone calls from the public at that place of business. The sign must be painted with letters of at least four (4) inches in height and placed so that it is clearly visible to the public.

2. An office sufficient to house the wrecker operator’s business.

3. Personnel, other than drivers, at the wrecker operator’s physical place of business in the zone from at least 8:00 a.m. to 5:00 p.m., Monday through Friday, except on state holidays, to receive and respond to telephone calls from the public and to serve the public.

4. A communications system to respond to calls for service and a telephone number to receive telephone calls from the public, available twenty-four hours a day. The telephone number for the place of business must be the same as the telephone number required to be displayed on each wrecker pursuant to paragraph 15B-9.005(8)(f)., F.A.C.

5. A communications system with telephone, text, and e-mail capabilities necessary to receive and respond to calls for service.

6. Not fewer than one wrecker and not fewer than one driver that are stationed at the wrecker operator’s physical place of business in the zone.

7. The ability to accept payments in accordance with Section 713.78(19)(a), Florida Statutes, for all services and storage fees and the ability to provide customers with an invoice meeting the requirements of Section 713.78(20)(c), (d), and (e), Florida Statutes; however, any fee for the use of a credit card or electronic form of payment may not exceed 3 percent of the amount of the payment for all services and storage fees.

8. Storage facilities satisfying all requirements of Rule 15B-9.011, F.A.C.

(c) The wrecker operator shall identify all drivers that the wrecker operator will use, regardless of whether such drivers are an employee, agent, independent contractor, officer, shareholder, member, partner, limited partner, or owner of the wrecker operator, if the wrecker operator is approved as an authorized wrecker operator. A wrecker operator or an authorized wrecker operator, if applicable, shall complete and submit to the division an Application for Approval of Driver(s) for a Wrecker Operator, form HSMV 60322, (Eff. 12/2025), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18955, for each driver who will be used as a driver to respond to calls for service and must receive approval from the division for each such driver prior to the use of a driver to respond to a call for service. When submitted to the division, form HSMV 60322 shall be accompanied by a certified criminal background check obtained within the preceding ninety (90) days from the Florida Department of Law Enforcement for each driver for which approval by the division is sought.

(d) 1. The wrecker operator shall maintain, without limitation thereto, the following types of insurance with the minimum limits set forth below in the name of the wrecker operator which shall include coverage for towing and storage. The policy shall be effective throughout the period that the wrecker operator is to be an authorized wrecker operator under these rules:

a. Worker’s compensation and employer’s liability insurance, in the amounts required by Florida law.

b. Garage liability insurance in an amount not less than $300,000 combined single limit liability.

c. Garage keeper’s legal liability insurance in an amount not less than $50,000 for each loss, covering perils of fire and explosion; theft of a vehicle, its parts or contents; riot and civil commotion; vandalism; malicious mischief; and damage to a vehicle in tow.

d. The following minimum levels of combined bodily injury liability insurance and property damage liability insurance required by Section 627.7415, F.S., in addition to any other insurance requirements as required by this rule:

(I) Fifty thousand dollars ($50,000) per occurrence for a wrecker with a gross vehicle weight of less than 35,000 pounds.

(II) One hundred thousand dollars ($100,000) per occurrence for a wrecker with a gross vehicle weight of 35,000 pounds or more, but less than 44,000 pounds.

(III) Three hundred thousand dollars ($300,000) per occurrence for a wrecker with a gross vehicle weight of 44,000 pounds or more.

2. The required insurance coverages shall include those classifications that are listed in standard liability manuals, which most nearly reflect the operations of wrecker operators.

3. All such required insurance policies must have been issued by companies authorized to do business in the State of Florida.

4. The wrecker operator shall furnish certificates of insurance evidencing the required insurance coverages and a Wrecker Insurance Statement of Compliance, form HSMV 60321, (Eff. 12/2025), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18954, to the troop commander with the wrecker operator’s Application For Inclusion on the Wrecker Operator System, form HSMV 60323, and thereafter thirty (30) days prior to the expiration date of the insurance policy for each type of required insurance coverage. The certificates shall clearly indicate that the wrecker operator has obtained insurance of the type, amount, and classifications required for compliance with this rule and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the division. Upon failure of an authorized wrecker operator to provide proof of insurance, as required by this paragraph, the division shall provide notice to the authorized wrecker operator pursuant to Notice of Non-Compliance (Insurance Requirements), form HSMV 60320 (Eff. 12/2025), incorporated herein by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18953, of its non-compliance.

(4) The division shall investigate each wrecker operator that has submitted an application to be an authorized wrecker operator for a zone pursuant to paragraph (3) and the investigation shall include all the following:

(a) A review of the criminal history of the wrecker operator, each principal of the wrecker operator, each wrecker staff person of the wrecker operator, and each driver the wrecker operator will use to respond to calls for service, if the wrecker operator is approved as an authorized wrecker operator;

(b) A determination that all drivers that the wrecker operator will use, regardless of whether such drivers are an employee, agent, independent contractor, officer, shareholder, member, partner, limited partner, or owner of the wrecker operator, possess a current and valid REAL-ID-compliant driver license issued by the department required to operate the type of wrecker or types of wreckers that each driver will operate; and

(c) A review of the driver license record of each driver that the wrecker operator will use to operate wreckers, regardless of whether such person is an employee, agent, independent contractor, officer, shareholder, member, partner, limited partner, or owner of the wrecker operator;

(d) An inspection of each wrecker which the wrecker operator will use to respond to calls for service for compliance with Rule 15B-9.005, F.A.C., if the wrecker operator is approved as an authorized wrecker operator;

(e) A review of the wrecker operator’s compliance with the insurance requirements of this rule chapter and Florida law by the wrecker operator, each wrecker, and each driver, if the wrecker operator is approved as an authorized wrecker operator;

(f) A review of the wrecker operator’s current and valid Business Tax receipt stating the name of the wrecker operator and the address of the wrecker operator’s business location in the zone in which the wrecker operator will operate;

(g) A review to determine that the wrecker operator, if other than a natural person or a partnership, is authorized to do business in the state of Florida;

(h) An inspection of the wrecker operator’s physical place of business in the zone for compliance with the requirements of this rule chapter;

(i) Testing the wrecker operator’s communications system to verify that the wrecker operator’s communications system is capable of receiving calls for service to the wrecker operator;

(j) Verifying that the wrecker operator has a telephone number for calls from the public that will be answered at the wrecker operator’s physical place of business in the zone; and

(k) An inspection of the wrecker operator’s vehicle storage facilities in the zone for compliance with the requirements of this rule chapter;

(l) A determination that the wrecker operator has complied with Section 448.095(2), Florida Statutes, relating to the use of the E-Verify System, if the wrecker operator is required to do so.

The investigator shall, at the conclusion of the investigation, make a report of his or her findings, weigh and describe the prior experience in the wrecker business, equipment, and storage facilities, of each wrecker operator that has submitted an application and is being considered to be an authorized wrecker operator in the zone, and make a recommendation to the troop commander in writing relating to the wrecker operator’s application, and specifically addressing whether the wrecker operator, any principal of the wrecker operator, any wrecker staff person of the wrecker operator, or any driver that the wrecker operator would use, is not reputable.

(5) Thereafter, the troop commander shall make a written recommendation to the division whether a wrecker operator should be approved or denied for inclusion on the list of authorized wrecker operators for a zone. The troop commander must recommend the denial of a wrecker operator’s application for inclusion on the list of authorized wrecker operators for a zone if the wrecker operator, a principal of the wrecker operator, any wrecker staff person of the wrecker operator, or any driver the wrecker operator would use, is not reputable.

(6) The division director, or his or her designee, on behalf of the division shall enter a final order determining whether a wrecker operator is approved or denied for inclusion in the wrecker operator system for a zone, based upon Rules 15B-9.003, 15B-9.0031, 15B-9.0032, 15B-9.005, 15B-9.006, 15B-9.007, and 15B-9.011, F.A.C.

(7) The division shall deny a wrecker operator’s application for inclusion on the list of authorized wrecker operators for a zone if the:

(a) Wrecker operator fails to meet or comply with any provisions of this rule chapter;

(b) Wrecker operator fails to maintain any local or state license required for the operation of a wrecker service; or

(c) Wrecker operator, any principal of the wrecker operator, any wrecker staff person of the wrecker operator, or any driver the wrecker operator will use, is not reputable.

(8) An authorized wrecker operator may not lease, assign, transfer, pledge, surrender or otherwise encumber or dispose of her or his approval as an authorized wrecker operator under these rules or the authorized wrecker operator’s place on the list of authorized wrecker operators for a zone. A replacement or successor operator must be approved under these rules before being placed in the wrecker operator system. If an authorized wrecker operator transfers ownership to another person or wrecker operator, the new owner must:

(a) Submit a completed Application For Inclusion on the Wrecker Operator System, form HSMV 60323, and meet all of the requirements of subsection (3) of this rule;

(b) Be inspected in accordance with the requirements of subsection (4) of this rule; and

(c) Be approved by the troop commander and the division director pursuant to subsections (5) and (6) of this rule.

(9) An authorized wrecker operator may not represent or imply on or in any vehicle, building, advertisement, social media, correspondence, or any other location or media that the authorized wrecker operator has or maintains any official relationship with the division.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-6-26.

Fla. Admin. Code R. 15B-9.0032 Wrecker Operator System; Call Allocation Among Authorized Wrecker Operators

(1) Authorized wrecker operators for a zone shall be called for service according to the authorized wrecker operator’s placement on the list of authorized wrecker operators for that zone and according to the wrecker classification for the size of the wrecked, disabled, or abandoned vehicle to be towed. The list of authorized wrecker operators for each zone will initially be listed in alphabetical order based on the names of the authorized wrecker operators. Each authorized wrecker operator on the list for a zone will be called for service in succession from the top of the list. Following each call for service to an authorized wrecker operator, the authorized wrecker operator that received the call for service shall be rotated to the bottom of the list, except as provided in subsections (16), (17), or (19) of this rule. An authorized wrecker operator shall respond to a call for service, in accordance with the information provided in the call for service, with a wrecker classified to meet or exceed the size of the wrecked, disabled, or abandoned vehicle to be towed.

(2) Wrecker requests will be transmitted to the Florida Highway Patrol so that a call for service may be sent to the authorized wrecker operator then at the top of the list for the zone where the vehicle to be removed is located.

(3) A vehicle owner’s or operator’s request that a specific wrecker operator be called to handle that vehicle owner’s or vehicle operator’s vehicle will not change the current position of that wrecker operator on the list of authorized wrecker operators for the zone, if that wrecker operator is an authorized wrecker operator in that zone.

(4) The division may cancel a call for service to an authorized wrecker operator at any time. In the event of such a cancellation or a response by an authorized wrecker operator when the authorized wrecker operator renders no service, the authorized wrecker operator that received the cancelled call for services or that responded but rendered no services will not be rotated to the bottom of the list for that zone and will maintain its position on the list. However, if an authorized wrecker operator does not respond to a call for service within thirty (30) minutes after a call for service (or other reasonable time under the exigent circumstances at the scene, as determined by the division) or if the call for service is cancelled because the authorized wrecker operator notifies the division that arrival of a wrecker will be delayed or the authorized wrecker operator cannot respond within a reasonable time pursuant to subsection 15B-9.004(1), F.A.C., the authorized wrecker operator that received such call for service shall be rotated to the bottom of the list.

(5) Authorized wrecker operators shall only respond to accidents or remove vehicles involved in an accident within the division’s jurisdiction pursuant to a call for service. In the event of a call to an authorized wrecker operator by someone other than a law enforcement agency, such authorized wrecker operator shall first verify the call through the Florida Highway Patrol troop with jurisdiction in county in which the vehicle is located before proceeding to the scene.

(6) All calls for service to authorized wrecker operators shall be without cost to the division. Authorized wrecker operators shall have no more than one day and one night telephone number. An authorized wrecker operator shall notify the division of any change of telephone numbers necessary for the authorized wrecker operator to receive calls for service.

(7) Authorized wrecker operators shall respond to calls for service twenty-four hours a day, seven days a week. An authorized wrecker operator must respond to a call for service within 5 minutes after the call for services is received and indicate whether or not the authorized wrecker operator will respond to the scene as requested.

(8) If the authorized wrecker operator does not respond to the call for service and indicate whether or not the authorized wrecker operator will respond to the scene as requested within 5 minutes of the call for service, the call for service to that authorized wrecker operator shall be cancelled, that authorized wrecker operator shall be rotated to the bottom of the list, and a call for service shall be sent to the next authorized wrecker operator on the list for the zone or, if no other authorized wrecker operator in that zone is available, to an authorized wrecker operator in an adjacent zone.

(9) Authorized wrecker operators are prohibited from contacting the Florida Highway Patrol to ascertain their current placement on the rotation list.

(10) Out-of-zone wrecker requests are permitted in the event of an emergency or the absence of an authorized wrecker operator for the zone that has a wrecker of the needed classification to handle the wrecked, disabled, or abandoned motor vehicle.

(11) If there is not an authorized wrecker operator in a zone, one or more authorized wrecker operators from an adjacent zone may be called into a zone that has no authorized wrecker operators.

(12) In the event of specialized recovery requirements not otherwise met by the authorized wrecker operators within the given zone, the division may call specialized recovery equipment on a nearest available basis.

(13) For multiple car accidents involving multiple wrecked or disabled vehicles, the authorized wrecker operator next on the list for the zone will be advised in the call for service of the number of vehicles needing to be removed. The authorized wrecker operator will be given the option of removing all of the wrecked or disabled vehicles to be removed if the authorized wrecker operator maintains the number of approved drivers and wreckers to accomplish removal within the zone without having to return to the scene. If that authorized wrecker operator lacks the capacity within the zone to remove all of the vehicles, that authorized wrecker operator shall receive a call for service and additional authorized wrecker operators shall receive calls for service as needed from the list of authorized wrecker operators for the zone or, if needed from an adjacent zone or zones. Authorized wrecker operators, which maintain one or more Class C wreckers in a particular zone, may respond to a call for service for multiple Class C wreckers by utilizing approved Class C wreckers owned by that operator from adjacent zones or by using approved Class C wreckers from another authorized wrecker operator with one or more Class C wreckers located in the same or adjacent zones, provided that the response can be made within thirty (30) minutes after a call for service (or other reasonable time under exigent circumstances at the scene, as determined by the division). The first authorized wrecker operator on the list of authorized wrecker operators for the zone will have a choice of wrecked vehicles. If the first authorized wrecker operator on the list for the zone does not arrive on the scene within thirty (30) minutes after a call for service (or other reasonable time under exigent circumstances at the scene, as determined by the division), the investigating trooper may assign vehicles to responding and available wreckers provided by other authorized wrecker operators that have responded to the call for service. The first wrecker on the scene may be required by the investigating trooper to move vehicles from the roadway, and such movement will not affect the choice of wrecked vehicles by authorized wrecker operators.

(14) Wrecker files and wrecker logs shall be maintained in electronic form by or on behalf of the division.

(15) An authorized wrecker operator may request to be taken temporarily off the list of authorized wrecker operators for a zone once within a 90-day period for not more than thirty (30) days by sending a letter or e-mail addressed to the troop commander.

(16) If an authorized wrecker operator responds to a call for service pursuant to these rules and removal of the vehicle is not required, the authorized wrecker operator which renders services rather than removing a vehicle shall not be rotated to the bottom of the list of authorized wrecker operators for that zone but shall retain its current position on the list of authorized wrecker operators for the zone.

(17) If an authorized wrecker operator responds to a call for service and the vehicle removed is a bicycle and no other type of a vehicle, the authorized wrecker operator shall not be rotated to the bottom of the list of authorized wrecker operators for that zone but shall retain its current position on the list of authorized wrecker operators for that zone.

(18) For a period of at least one year from the date of the rendering of services to a vehicle, as provided in subsections (16) or (17), the authorized wrecker operator shall retain a record of the name, driver’s license number, address, and telephone number of the operator of the vehicle, the name and address of the registered owner of the vehicle if different from the operator, and the make, model and vehicle identification number of the vehicle which was assisted by the authorized wrecker operator. This information shall be provided to the division upon request for verification. Providing false information to the division concerning the services rendered to the vehicle or the identification of the vehicle owner or vehicle operator shall result in the removal of the authorized wrecker operator from the list of authorized wrecker operators for the zone pursuant to subsection 15B-9.007(5), F.A.C.

(19) When an authorized wrecker operator responds to a call for service to remove an abandoned vehicle, except for a vehicle which has been reported to a law enforcement agency as a stolen vehicle, the authorized wrecker operator shall not be rotated to the bottom of the list of authorized wrecker operators for that zone, but shall retain its position on the list of authorized wrecker operators for the zone.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-6-26.

Fla. Admin. Code R. 15B-9.004 Response to Calls

(1) An authorized wrecker operator, after acknowledging a call for service, shall respond to the scene within thirty (30) minutes (or a reasonable time under the existing conditions and circumstances, as determined by the division). If a timely response to the scene after acknowledging the call for service cannot be made, the authorized wrecker operator shall notify the Florida Highway Patrol of the estimated time of delay and the reasons for the delay. The duty officer shall then cancel the call for service, rotate the authorized wrecker operator to the bottom of the list for the zone, and send a call for service to the next authorized wrecker operator on the list of authorized wrecker operators for the zone or, if no other authorized wrecker operator in that zone is available, to an authorized wrecker operator in an adjacent zone.

(2) Unless authorized by the Florida Highway Patrol in the call for service, flashing amber lights shall not be used while responding to a call for service.

(3) Flashing amber lights shall be used at the scene and when towing vehicles from the scene in accordance with Section 316.2397(3), F.S.

(4) When a vehicle is released at the scene by the investigating trooper or representative of the division, the wrecker operator shall not tow the vehicle to any location outside the zone unless the owner or operator expressly so requests prior to the vehicle being removed from the scene. However, nothing in these rules may be interpreted to require an authorized wrecker operator to move a vehicle out of the zone.

(5) Any ancillary services by an authorized wrecker operator, such as the use of dolly, dropping and hooking up linkage, are to be performed only if required and appropriate.

(6) The motor vehicle owner or operator is responsible for payment of charges for the removal of the vehicle from the scene and for the storage of the vehicle.

(7) In addition to any other penalties authorized by this rule chapter or pursuant to law, an authorized wrecker operator will forfeit a call for service and be rotated to the bottom of the list of authorized wrecker operators for that zone when:

(a) The authorized wrecker operator or the driver responds to the call for service using a wrecker that the investigating trooper determines cannot safely remove the vehicle, has not been inspected by the division, has not been approved by the division for use by the authorized wrecker operator that received the call for service, is not compliant with the requirements of Rule 15B-9.005, F.A.C., lacks the equipment required by Rule 15B-9.005, F.A.C., or lacks operable equipment necessary for the safe removal of the vehicle.

(b) The driver who responds to the call for service for the authorized wrecker operator has not been approved by the division for use by that authorized wrecker operator, has not been approved by the division, is determined by the investigating trooper to be unable to safely operate the wrecker, or is suspected by the investigating trooper of being under the influence of alcohol, any controlled substance, or chemical substance.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.04, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.005 Wrecker Classification; Prohibited Equipment and Required Equipment

(1) Each wrecker owned, used, or operated by a wrecker operator applying to be included in the wrecker operating system or by an authorized wrecker operator, to respond to a call for service shall conform to the requirements of this rule. The wrecker and all equipment required by this rule for a wrecker of each specified class of wrecker shall be operable.

(2) Each such wrecker and the equipment required for each wrecker shall be inspected by the division’s local troop commander or his or her designee and approved by the troop commander prior to the wrecker being used by an authorized wrecker operator to respond to a call for service and at least once annually thereafter for compliance with the requirements of this rule. The division also may inspect each wrecker at any time to ensure that the wrecker and the equipment on each wrecker used by an authorized wrecker operator meet the requirements of this rule. At the conclusion of each inspection, the division must provide the authorized wrecker operator with a report of the results of the inspection signed on behalf of the division by the person who performed the inspection. A representative of the authorized wrecker operator must acknowledge receipt of the results of the inspection in writing at the conclusion of the inspection.

(3) Wreckers equipped with airbrakes must be inspected pursuant to the Commercial Vehicle Safety Alliance inspection procedures. The inspection conducted on the wrecker must be equivalent to the North American Standard Inspection Procedure Level I inspection (Level V inspection if the driver is not available at time of inspection). The vehicle must be ready for dispatch and the inspection will take place at a time and location which the division deems safe and adequate to perform such inspection.

(4) Sirens on wreckers are prohibited.

(5) A wrecker owned, used, or operated by an authorized wrecker operator to respond to a call for service may not display any sign or indicia which represents or implies that the authorized wrecker operator has any official relationship with the division.

(6) A wrecker owned, used, or operated by an authorized wrecker operator, an authorized wrecker operator, and the physical place of business of an authorized wrecker operator may not have, use, or possess any equipment capable of monitoring messages or signals or frequencies assigned to or used by the division.

(7) Each wrecker owned, used, or operated by an authorized wrecker operator to respond to calls for service shall be equipped with a mobile telephone capable of receiving and responding to calls for service throughout the entire zone in which the authorized wrecker operator operates and capable of receiving and communicating with the physical place of business of the authorized wrecker operator.

(8) Each wrecker owned, used, or operated by an authorized wrecker operator to respond to calls for service must have:

(a) A wheel lift.

(b) Dual rear wheels.

(c) Clearance and marker lights and all other equipment as required by Chapter 316, Florida Statutes.

(d) Emergency lighting authorized or required by Chapter 316, Florida Statutes, mounted on the wrecker in such a manner that it can be seen from the front, rear, and both sides of the wrecker with or without a load.

(e) Rear facing work lights.

(f) The name, address and telephone number of the authorized wrecker operator’s physical place of business must be permanently affixed in a conspicuous place in contrasting colors on the driver and passenger sides of the wrecker, as required by Section 713.78(8), Florida Statutes.

1. The name of the authorized wrecker operator must be at least three (3) inches in height and the address and telephone number of the authorized wrecker operator’s physical place of business must be at least one (1) inch in height.

2. Magnetic or removable signs or placards may not be used to meet said requirements.

3. Only one address and one telephone number may appear on the wrecker.

(g) A wrecker unit number must be permanently affixed in contrasting colors in a conspicuous place on the driver and passenger sides of the wrecker.

1. The wrecker unit number must be at least three (3) inches in height.

2. The wrecker unit number for each wrecker owned, used, or operated by an authorized wrecker operator must be unique and the same wrecker unit number may not be used on two or more wreckers owned, used, or operated by an authorized wrecker operator.

3. Magnetic or removable signs or placards may not be used to meet said requirements.

(h) One heavy duty push broom with a minimum width of twenty-four (24) inches.

(i) One square shovel.

(j) One crowbar or prybar with a minimum length of thirty (30) inches.

(k) Minimum of one (1) full five pound, commercially-manufactured CO2 or dry chemical fire extinguisher or equivalent with a current inspection tag attached.

(l) One (1) pair of bolt cutters with a minimum opening of 1/2 inch.

(m) One (1) set of jumper cables or a charged jump box.

(n) One (1) four-way lug wrench or one (1) impact gun with sockets in sizes 11/16”, 13/16”, 3/4”, and 7/8”.

(o) One (1) flashlight.

(p) Five (5) operational safety illumination devices for temporary traffic control.

(q) One snatch block for each wire rope with manufacturer’s rating to match the specifications of the wire rope.

(r) Extra towing chain six (6) to eight (8) feet in length with hooks.

(s) Six (6) thirty-six inch tall reflective safety cones or triangle reflectors.

(t) Two (2) five-gallon or larger buckets or containers of absorbent material.

(u) Conspicuous markings using red and high visibility yellow-green decals made from retro-reflective materials affixed to the rear facing portion of the wrecker at least two (2) inches in height positioned horizontally and extending, to the extent feasible, across the full width of the wrecker.

(v) One (1) contractor debris bag, bucket, or container.

(w) Tow lights to be placed on the rear of the vehicle being towed.

(9) In addition to the requirements in subsection 15B-9.005(8), F.A.C., each Class A wrecker owned, used, or operated by an authorized wrecker operator to respond to calls for service must have:

(a) A truck chassis with a manufacturer’s rated capacity of at least 11,000 pounds gross vehicle weight. The wrecker must have been designed and manufactured for vehicle retrieval and removal and fitted with a winch(es) having a manufacturer’s combined rating of at least four (4) tons mounted on the chassis. Hand crank winches do not satisfy these requirements.

However, Class A wreckers owned, used, and operated by an authorized wrecker operator to respond to calls for service on or before July 1, 2025, must have a truck chassis with a manufacturer’s rated capacity of at least 10,000 pounds gross vehicle weight and a complete, commercially manufactured boom and winch(es) having a manufacturer’s combined rating of at least four (4) tons must be mounted on the chassis. Hand crank winches do not satisfy these requirements.

(b) A minimum of one hundred feet of 3/8-inch wire rope.

(c) Dollies.

(d) If the wrecker utilizes wheel lifts, the wheel lifts shall be rated at a minimum of 3,400 lbs. lift capacity and must utilize wheel safety straps when lifting vehicles by the wheels only.

However, wreckers owned, used, and operated by an authorized wrecker operator to respond to calls for service on or before July 1, 2025, which are equipped with wheel lifts or the equivalent may also qualify as Class A wreckers so long as the Class A wreckers are equipped with a boom and the wheel lifts are rated at a minimum of 3,000 lbs. lift capacity and utilize wheel safety straps when lifting vehicles by the wheels only.

(10) In addition to the requirements in subsection 15B-9.005(8), F.A.C., each roll-back or slide-back wrecker owned, used, or operated by an authorized wrecker operator to respond to calls for service must have:

(a) A truck chassis with a manufacturer’s rated capacity of at least 15,000 pounds gross vehicle weight with a minimum of a nineteen (19) foot bed, dual rear wheels and a winch with at least 8,000 pound capacity.

However, roll-back or slide-back wreckers owned, used, and operated by an authorized wrecker operator to respond to calls for service on or before July 1, 2025, must have a truck chassis with a manufacturer’s rated capacity of at least 10,000 pounds gross vehicle weight with a minimum of a sixteen (16) foot bed, dual rear wheels and a winch with at least an 8,000 pound capacity.

(b) A minimum of 50 feet of 3/8-inch wire rope.

(c) A minimum of a four point tie-down systems, straps, or chains.

(d) Brakes and trailer lights which meet the minimum statutory requirements of Florida law.

(e) Safety chains.

(11) In addition to the requirements in subsection 15B-9.005(8), F.A.C., each Class B wrecker owned, used, or operated by an authorized wrecker operator to respond to calls for service must have:

(a) A truck chassis with a manufacturer’s rated capacity of at least 25,500 pounds gross vehicle weight. A complete, twin-winch, commercially manufactured boom and winches having a manufacturer’s combined rating of at least ten (10) ton capacity mounted on the chassis.

However, Class B wreckers owned, used, and operated by an authorized wrecker operator to respond to calls for service on or before July 1, 2025, must have a truck chassis with a manufacturer’s rated capacity of at least 20,000 pounds gross vehicle weight and a complete, twin-winch, commercially manufactured boom and winches having a manufacturer’s combined rating of at least ten (10) ton capacity mounted on the chassis.

(b) A minimum of one hundred feet of at least 7/16-inch wire rope on each drum.

(c) One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks.

(12) In addition to the requirements in subsection 15B-9.005(8), F.A.C., each Class C wrecker owned, used, or operated by an authorized wrecker operator to respond to calls for service must have:

(a) A truck chassis with a manufacturer’s rated capacity of at least 52,000 pounds gross vehicle weight and 50,000 pounds gross vehicle weight for tandem axle trucks. A complete, twin-winch, commercially manufactured boom and winches having a manufacturer’s combined rating of at least 25 ton capacity mounted on the chassis.

However, Class C wreckers owned, used, and operated by an authorized wrecker operator to respond to calls for service on or before July 1, 2025, must have a truck chassis with a manufacturer’s rated capacity of at least 30,000 pounds gross vehicle weight and 50,000 pounds gross vehicle weight for tandem axle trucks and a complete, twin-winch, commercially manufactured boom and winches having a manufacturer’s combined rating of at least 25 ton capacity mounted on the chassis.

(b) A minimum of two hundred feet of at least 5/8-inch wire rope on each drum.

(c) Air brakes so constructed as to lock the rear wheels automatically upon failure.

(d) External air hookup and hoses, to supply air to disabled vehicles.

(e) One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.05, Amended 10-15-92, 10-2-95, 1-6-26.

Fla. Admin. Code R. 15B-9.006 Authorized Wrecker Operator Requirements

(1) All drivers must have in their possession a valid, REAL-ID-compliant Florida driver’s license as required by Florida law for the operation of any wrecker owned, used, or operated by the authorized wrecker operator.

(2) An authorized wrecker operator:

(a) Must obtain and submit to the division a certified criminal background check from the Florida Department of Law Enforcement of each driver prior to a driver being used by an authorized wrecker operator to respond to calls for service.

(b) May not use a driver to respond to a call for service if the driver is not reputable.

(c) Shall immediately notify the division of any changes in driver(s), wreckers, wrecker unit numbers, insurance coverage, any circumstances that would cause the authorized wrecker operator, any principal of the authorized wrecker operator, any wrecker staff persons of the authorized wrecker operator, or any driver for the authorized wrecker operator to be not reputable, or any other changes relating to ownership or management of the authorized wrecker operator.

(d) Must obtain and submit to the division concurrent with the annual inspection required pursuant to subsection 15B-9.005(2), F.A.C., a certified criminal background check from the Florida Department of Law Enforcement of the authorized wrecker operator, each principal of the authorized wrecker operator, each wrecker staff person of the authorized wrecker operator, and each driver used by the authorized wrecker operator to respond to calls for service.

(3) Authorized wrecker operators and drivers are required to comply and be familiar with this rule chapter, Section 321.051, Florida Statutes, Chapter 323, Florida Statutes, the Florida Uniform Traffic Control Law, Chapter 316, Florida Statutes, and Section 713.78 (2), (8), (12)(d), (17), (18), (19), and (20), Florida Statutes.

(4) Wrecker operators properly at the scene as a result of a call for service or to remove a wrecked, disabled, or abandoned vehicle, respectively, shall remove a vehicle only at the direction of the investigating trooper, troop commander, or his or her designee, division, or investigating officer.

(5) Wrecker operators shall sweep glass from the roadway, and remove all debris or hazards from the scene, and comply with the requirements of Section 316.2044(2), F.S.

(6) Authorized wrecker operators shall impound vehicles as requested by the investigating trooper, troop commander, or her or his designee, or division.

(7) Each driver shall be thoroughly familiar with the operation of the wrecker he or she is operating and be able to demonstrate the proper and safe operation of such wrecker.

(8) Not later than 180 days after being approved by the division to operate a wrecker on behalf of an authorized wrecker operator or not later than 180 days after the effective date of this rule, each driver shall complete the following courses:

(a) The National Traffic Incident Management (TIM) Response Training Program.

(b) The National Incident Management System, an Introduction (IS700).

The driver or an authorized wrecker operator on behalf of its driver, upon the driver’s completion of such courses, shall provide the division evidence that the driver completed such courses. If a driver or an authorized wrecker operator does not timely submit evidence of the driver’s completion of such courses, the driver is ineligible to operate a wrecker to respond to a call for service on behalf of any authorized wrecker operator.

(9) At all times while at the scene as a result of a call for service, a driver and all persons operating a wrecker or assisting such persons must wear American National Standards Institute (ANSI) approved high visibility safety apparel.

(10) Except and only as provided in subsection 15B-9.0032(13), F.A.C., for Class C wreckers, an authorized wrecker operator may not delegate or request assistance from another wrecker operator to perform the services in response to a call for service. An authorized wrecker operator unable to respond a call for service shall be rotated to the bottom of the list for that zone and the next authorized wrecker operator on the list for that zone shall receive that call for service.

(11) The Department is not responsible for any damage to a vehicle caused by a wrecker operator.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.06, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.007 Grounds for Denial of Inclusion on, or Removal or Suspension from, Wrecker Operator System

(1) Violation of or failure to comply with any provision of this rule chapter by a wrecker operator seeking to be an authorized wrecker operator for a zone, including by a principal of the wrecker operator or a driver that the wrecker operator would use, shall be grounds for denial of the wrecker operator’s application to be an authorized wrecker operator.

(2) Notwithstanding any other provisions of this rule, a wrecker operator, a principal of a wrecker operator, a wrecker staff person of a wrecker operator, or a driver that the wrecker operator would use, that is not reputable shall result in the denial of the wrecker operator’s application to be an authorized wrecker operator.

(3) Except as otherwise provided in this rule, violation of or failure to comply with any provision of this rule chapter by an authorized wrecker operator shall be grounds for the removal or suspension of the authorized wrecker operator from the wrecker operator system or, if the violation or failure to comply relates only to an authorized wrecker operator in only one zone, from the list of authorized wrecker operators for that zone.

(4) Except as otherwise provided in this rule, violation of or failure to comply with any provision of this rule chapter by a driver for an authorized wrecker operator shall be grounds for the removal or suspension of the authorized wrecker operator from the wrecker operator system or, if the violation or failure to comply relates only to the authorized wrecker operator in one zone, from the list of authorized wrecker operators for that zone.

(5) Notwithstanding any other provisions of this rule, an authorized wrecker operator, a principal of an authorized wrecker operator, a wrecker staff person of an authorized wrecker operator, or a driver for an authorized wrecker operator, that is not reputable shall result in removal of the authorized wrecker operator from the wrecker operator system or, if the person who is not reputable is affiliated with the authorized wrecker operator in only one zone, from the list of authorized wrecker operators for that zone, unless the authorized wrecker operator, upon becoming aware that such person is not reputable, terminates its business association with, employment of, and business relationship with the person who is not reputable.

(6) Violations of the following offenses shall result in a letter of warning issued by the division for the first offense; a 30-day suspension from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a second offense within 3 years of the first offense; and removal from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a third or subsequent offense within 5 years from the first offense:

(a) Chasing or running wrecks in a zone without a call for service.

(b) Solicitation.

(c) Failure to provide service three times within thirty (30) days.

(d) Inability to properly operate the wrecker at the scene following a call for service without causing damage or additional damage to a vehicle.

(e) Any charge, demand, or request by an authorized wrecker operator of a rate which exceeds the applicable maximum rate established pursuant to Rule 15B-9.010, F.A.C.

(7) Removal of a wrecked, disabled or abandoned vehicle without investigation or clearance by the investigating trooper or by a law enforcement agency shall result in a 30-day suspension from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a first offense; and removal from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone in which the violation occurred for a second or subsequent offense within 3 years of the first offense.

(8) If a wrecker of an authorized wrecker operator is inspected by the division and fails to meet the requirements of Rule 15B-9.005, F.A.C., the following action shall be taken:

(a) The failed wrecker shall be immediately suspended until such time as the wrecker passes inspection by the division and is approved for use on the wrecker operator system. The operation of a wrecker that has failed to meet the requirements of Rule 15B-9.005, F.A.C., is an immediate serious danger to the public health, safety or welfare requiring the immediate suspension of the wrecker. The continued use by an authorized wrecker operator of a wrecker that has failed to meet the requirements of Rule 15B-9.005, F.A.C., and that has been suspended, to respond to calls for service shall constitute grounds for the emergency suspension of an authorized wrecker operator using that wrecker from the wrecker operator system.

(b) If the suspended wrecker is the only wrecker maintained by the authorized wrecker operator which has been approved by the division for the wrecker’s class and zone, the authorized wrecker operator shall be suspended immediately by the division from the list of authorized wrecker operators in the zone and for the wrecker class. The suspension shall continue until such time as the wrecker successfully passes inspection and is approved for use, or the authorized wrecker operator is removed from the list of authorized wrecker operators in the zone for the failure of the wrecker to pass inspection. The authorized wrecker operator must correct the deficiencies with the wrecker and request that the division re-inspect the wrecker not later than 30 days from the date of the suspension. If the wrecker has not been re-inspected and approved by the division within that 30 day period, the authorized wrecker operator shall be removed from the list of authorized wrecker operators in the zone.

(9) Insurance Coverage: If an authorized wrecker operator’s insurance policy is canceled, not renewed, or fails to meet the requirements of paragraph 15B-9.0031(3)(d), F.A.C.:

(a) The authorized wrecker operator shall be immediately suspended by the division from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone to which the insurance cancellation, nonrenewal, or failure to meet said requirements relates. The use of a wrecker by an authorized wrecker operator without the insurance coverage required by these rules is an immediate serious danger to the public health, safety or welfare requiring the immediate suspension of the wrecker operator. The continued use by an authorized wrecker operator of a wrecker without the insurance coverage required by these rules shall constitute grounds for the removal of the authorized wrecker operator from the wrecker operator system or, if the authorized wrecker operator operates in more than one zone, from the list of authorized wrecker operators for the zone to which the insurance cancellation, nonrenewal, or failure to meet such requirements relates.

(b) If the required insurance coverage is not obtained and provided to the division on the Wrecker Insurance Statement of Compliance form HSMV 60321 within 30 calendar days of the suspension pursuant to paragraph (a), the authorized wrecker operator shall be removed from the wrecker operator system.

(10) Once an authorized wrecker operator has been suspended 30 days or has been removed from the list of authorized wrecker operators for a zone, the authorized wrecker operator must make a new application for inclusion on the list of authorized wrecker operators for that zone, if a vacancy exists on the list of authorized wrecker operators for that zone.

(11) Authorized wrecker operators are responsible for complying with any applicable federal, state, county or city laws, rules or regulations regarding the removal, towing, recovery, storage and notification of owners and lien holders. Authorized wrecker operators shall maintain all local or state licenses required for the operation of an authorized wrecker operator’s business within the zone or zones in which the authorized wrecker operator provides service. If a required license is not obtained and provided to the division within 30 days of the date of cancellation or expiration of such license, the authorized wrecker operator shall be removed from the list of authorized wrecker operators for the zone or zones to which such license relates.

History

• Rulemaking Authority 321.051, 120.80(8) FS. Law Implemented 321.051, 321.05(1) FS. History–New 1-22-86, Formerly 15B-9.07, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.008 Procedure for Denial of Inclusion on, or Removal or Suspension from, Wrecker Operator System

Denials of applications for inclusion in the wrecker operator system, suspensions from and removals of authorized wrecker operators from the wrecker operator system, and any other actions by the division as to a wrecker operator, principal of a wrecker operator, authorized wrecker operator, principal of an authorized wrecker operator, driver, wrecker staff person, or wrecker unit shall be governed by Chapter 120, F.S. Final agency action shall be taken by the division director or his or her designee.

History

• Rulemaking Authority 321.051, 120.80(8) FS. Law Implemented 321.051, 321.05(1), 120.57(1) FS. History–New 1-22-86, Formerly 15B-9.08, Amended 10-15-92, 1-6-26.

Fla. Admin. Code R. 15B-9.009 Wrecker Forms

History

• Rulemaking Authority 321.051, 120.55(1) FS. Law Implemented 321.05(1), 321.051 FS. History–New 10-15-92, Repealed 1-6-26.

Fla. Admin. Code R. 15B-9.010 Maximum Rates for Towing and Storage; Complaints of Violations of Maximum Rates for Towing and Storage

(1) Wrecker operators that tow, remove, store, or otherwise deal with a wrecked, disabled, or abandoned vehicle at the division’s request, or at the request of a trooper acting on the division’s behalf, in a county or municipality for which maximum rates for towing and storage of vehicles have been established or adopted pursuant to Sections 125.0103 or 166.043, Florida Statutes, respectively, shall comply with those maximum rates.

(2)(a) For counties or municipalities that have not established maximum rates for towing and storage of vehicles pursuant to Sections 125.0103 or 166.043, Florida Statutes, and for counties which have adopted such an ordinance but that ordinance adopts the maximum towing rates established by the division, the division will establish maximum rates for towing, removing, storage or dealing with wrecked, disabled, or abandoned vehicles removed at the division’s request, or at the request of a trooper acting on the division’s behalf, in such counties or municipalities based on the maximum towing and storage rates contained in the applicable county ordinance.

(b) For purposes of this rule:

1. “Applicable county ordinance” means the ordinance with the lowest base rate which was enacted pursuant to Section 125.0103, Florida Statutes, by a county that is contiguous to and within the troop boundaries containing the county which has not established maximum rates for towing and storage (or a county which has adopted such an ordinance that adopts the maximum storage rates established by the division).

Provided however, if no county which has adopted an ordinance establishing maximum towing rates pursuant to Section 125.0103, Florida Statutes, is contiguous to a county which has not adopted an ordinance to establish maximum towing rates pursuant to Section 125.0103, Florida Statutes, and within the troop boundaries, then the appliable county ordinance means the ordinance which was enacted pursuant to Section 125.0103, Florida Statutes, by the county nearest to the county which has not enacted an ordinance establishing maximum towing rates pursuant to Section 125.0103, Florida Statues, within the troop boundaries.

2. “Base rate” means the single and basic charge for a Class A Wrecker or for towing or removal of a vehicle weighing 10,000 pounds or less gross vehicle weight directed by a governmental agency, including a law enforcement agency, exclusive of any other charge or fee, including, but not limited to, a mileage fee or charge, fees for time at the scene, hourly fees, winching or recovery fees, labor fees, administrative fees, storage fees, or tarping fees.

(3) Wrecker operators that tow, remove, store, or otherwise deal with a wrecked, disabled, or abandoned vehicle at the division’s request, or at the request of a trooper acting on behalf of the division, in or from a county or municipality which has not established maximum rates for towing and storage of vehicles pursuant to Sections 125.0103 or 166.043, Florida Statutes, respectively, including a county which has adopted an ordinance that adopts the maximum towing and storage rates established by the division, may not charge a fee for towing, removal, storage, or dealing with such wrecked, disabled, or abandoned vehicles which exceeds the maximum rates for towing, removing, storage, or dealing with wrecked, disabled, or abandoned vehicles contained in the applicable county ordinance.

(4) The division will publish on the Department of Highway Safety and Motor Vehicles’ website a list of the counties which have not established maximum rates for towing and storage of vehicles pursuant to Section 125.0103, Florida Statutes, and of the counties which have adopted such an ordinance but that ordinance adopts the maximum towing rates established by the division, together with the name of the county whose applicable county ordinance has been used by the division to establish maximum towing and storage rates and a link to that ordinance. Such information must be updated whenever a county that previously had not established maximum rates for towing and storage of vehicles pursuant to Section 125.0103, Florida Statutes, does so and each October 1.

(5)(a) The applicable type of wrecker for purposes of maximum towing and storage rates for a wrecked, disabled, or abandoned vehicle in response to a call for service, shall be determined based upon the type of wrecker actually used by the authorized wrecker operator to respond to the call for service and the definitions, if any, contained in the county ordinance or municipal ordinance establishing maximum towing and storage rates pursuant to Section 125.0103 or 166.043, Florida Statutes, or in the applicable county ordinance, irrespective of the wrecker types and equipment required for each type of wrecker defined in this rule chapter.

(b) If the county ordinance or municipal ordinance establishing maximum towing and storage rates pursuant to Section 125.0103 or 166.043, Florida Statutes, or the applicable county ordinance, does not define each type of wrecker for which a rate has been established, the definitions of the types of wreckers in this rule chapter shall be used to determine the applicable maximum towing or storage rate applicable based on the actual type of wrecker used to respond to a call for service.

(6) Any authorized wrecker operator that charges a fee for a particular service or services in excess of the rates established by this rule shall be subject to the sanctions in subsection 15B-9.007(6), F.A.C.

(7)(a) Written complaints that rates collected, imposed, or sought for towing and storage of a wrecked, disabled, or abandoned vehicle removed at the division’s request exceed the rates established pursuant to this rule may be filed by the registered owner of the vehicle, lienholders, insurance company representatives, or their agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes.

(b) A written complaint must:

1. Identify the name of the wrecker operator;

2. Provide the tag number, vehicle identification number (VIN), year of manufacture, make, model, color, and name of the registered owner of the wrecked, abandoned, or disabled vehicle which was towed or stored or was to be towed or stored by the wrecker operator;

3. Specify the date and location, from which the wrecked, disabled or abandoned vehicle was towed or was to be towed, by the wrecker operator;

4. Specify the location to which the wrecked, disabled, or abandoned vehicle was towed and the dates the wrecked, disabled, or abandoned vehicle was stored, by the wrecker operator;

5. Provide the location at which the wrecker operator, or a person on behalf of the wrecker operator, collected, imposed, or attempted to collect rates for towing and storage which exceed the rates established pursuant to this rule;

6. Indicate the amount collected, imposed, or attempted to be collected by or on behalf of the wrecker operator for towing and storage of the wrecked, disabled, or abandoned vehicle by the wrecker operator;

7. Provide the date and, if known, the name of the driver, wrecker staff person, or person who, or on behalf of the wrecker operator, collected, imposed, or attempted to collect rates for towing and storage which exceed the rates established pursuant to this rule;

8. Indicate the total amount which the complainant maintains is the amount that the wrecker operator may charge or collect for the towing and storage of the wrecked, abandoned, or disabled vehicle pursuant to this rule;

9. Indicate either the name of county or municipality that adopted the maximum towing and storage rates pursuant to Section 125.0103 or 166.043, Florida Statutes, or the applicable county ordinance, applicable to the towing and storage of the wrecked, disabled, or abandoned vehicle; and

10. Be signed by the complainant and include the date the complaint is filed.

(c) Such complaints shall be filed with the troop commander, or her or his designee, of the troop whose boundaries include the zone from which the vehicle was towed.

(d) Complaints must be filed not later than sixty (60) days after the collection of, imposition of, or attempted collection of rates for towing and storage by or on behalf of the wrecker operator in excess of the rates established pursuant to this rule.

(e) When such a complaint is filed, the troop commander, or his or her designee, shall investigate the complaint and prepare a written report to the division on each allegation contained in the complaint together with a recommendation of any action to be taken by the division against the wrecker operator in connection with each allegation. The report shall include information about any violations and actions previously taken by the division against the wrecker operator pursuant to paragraph 15B-9.007(6)(e), F.A.C.

(f) If the investigative report determines that the wrecker operator has charged, imposed or attempted to collect rates for towing and storage in excess of those established pursuant to this rule, the division will pursue administrative action, in accordance with Chapter 120, Florida Statutes, against the wrecker operator to impose the sanctions provided in subsection 15B-9.007(6), F.A.C.

History

• Rulemaking Authority 321.02, 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 10-15-92, Amended 1-6-26.

Fla. Admin. Code R. 15B-9.011 Storage Facilities

(1) Each authorized wrecker operator shall provide storage facilities which shall be maintained at the authorized wrecker operator’s physical place of business. These facilities must be fenced and locked for the protection of vehicles and property stored by the authorized wrecker operator. “No Trespassing” signs shall be posted on each side along and on the outside perimeter of the fence at least every one hundred (100) feet.

(2) The authorized wrecker operator shall provide storage for all impounded or towed wrecked, disabled, or abandoned vehicles in the outside storage area unless specific written instructions are given for inside storage by the trooper who directed that the vehicle be impounded or the vehicle’s owner or operator. If required for investigative purposes by the investigating trooper or the division, the authorized wrecker operator shall move the vehicle(s) to a designated area for processing prior to storage. In such instance, the division will not authorize release of the impounded vehicle until the vehicle’s owner or operator have paid all lawful charges due to the authorized wrecker operator.

(3) An authorized wrecker operator shall not change the type of storage facility (inside or outside) afforded a wrecked, disabled, or abandoned vehicle without written permission from the troop commander, or his or her designee. An authorized wrecker operator shall not change the storage facility location for a wrecker, disabled, or abandoned vehicle without first obtaining written permission from the troop commander, or her or his designee.

(4) Except when a vehicle is subject to a hold, the registered owner of a vehicle, lienholders, insurance company representatives, or their agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes, shall be permitted to inspect or photograph stored vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays.

(5) All fencing shall be chain-link or solid-wall type, at least 6 feet high, to discourage theft of any vehicle or any property being stored inside. All storage facilities shall be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime.

(6) Permanent inside storage facilities must be available for 24-hour storage when weather or other conditions require inside storage for the protection of the vehicle or personal property. A lean-to, tent or shed does not meet the requirements of this section. Inside storage must be within a weather-tight building.

(7)(a) A minimum of 25 storage spaces with 3 inside storage spaces must be available. Authorized wrecker operators who have been on the wrecker operator system since April 15, 1992, may continue on the wrecker operator system without regard to the minimum storage spaces required herein, so long as all other applicable provisions of these rules are met.

(b) Service bays or repair bays do not qualify as inside storage, nor does any area that is utilized for any activity other than serving as a permanent inside storage area, when vehicles are actually stored inside at the request of a law enforcement agency or the owner of a vehicle.

(8) Wrecker operators shall comply with hold orders placed by the investigating trooper, the troop commander, or his or her designee, or the division, including any instructions for inside or outside storage. Hold orders may be released only when authorized by the investigating trooper, the troop commander, or his or her designee, or the division. The division will notify a wrecker operator in writing within five (5) days, excluding state holidays and weekends, when a hold is to extend beyond five (5) days in accordance with Section 323.001, Florida Statutes.

(9)(a) Vehicles which have been involved in a fatality or a criminal offense and have been sealed by the investigating trooper shall remain intact and sealed until the seals are removed by the investigating trooper, the troop commander, or his or her designee, or the division. No vehicle and no property of any kind related to or associated with such a vehicle shall be released to anyone without written authorization from the investigating trooper, the troop commander, or his or her designee, or the division.

(b) If no fatality or criminal offense occurred involving a vehicle, then the vehicle and any property related to or associated with the vehicle may be released by the wrecker operator to the registered owner, lienholders, insurance company representatives, or their agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes, only after any hold order has been released in writing by the investigating trooper, the troop commander, or his or her designee, or the division.

(10)(a) A copy of a vehicle inventory prepared by the investigating trooper, the troop commander, or his or her designee, or the division, of all personal property found in a wrecked, disabled or abandoned vehicle shall be provided to the wrecker operator.

(b) Except when a vehicle is subject to a hold order and except as provided in paragraph (9)(a), the wrecker operator shall permit the removal of such personal property by the registered vehicle owner, or his or her agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes. The wrecker operator shall obtain a receipt signed by the registered vehicle owner, or his or her agents, whose interest in the vehicle is evidenced by any of the documents listed in Section 713.78(17), Florida Statutes, listing and describing each article of personal property removed by the registered vehicle owner or his or her agent when the removed personal property is specifically listed in the vehicle inventory required pursuant to paragraph (10)(a), concurrent with the release of such personal property.

(c) As used in this rule, “personal property” shall be defined as any item not affixed to the vehicle which was in the vehicle at the time of the vehicle’s removal by the wrecker operator.

(11) Wrecker operators shall exercise reasonable care and control of vehicles removed by them, vehicle parts, and personal property located in such vehicles while in their custody, under their protection, or while in storage by them.

(12) During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, except on state holidays, authorized wrecker operators must have personnel at the authorized wrecker operator’s physical place of business in the zone so that personal property may be removed from the vehicle or the vehicle may be released in accordance with this rule.

(13) Should it become necessary that personal property be removed from a vehicle or a vehicle be released when the storage facility is not staffed, the wrecker operator will be required to do so.

History

• Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS. History–New 10-15-92, Amended 1-6-26.

Chapter 15B-10 VEHICLE SAFETY STANDARDS

Fla. Admin. Code R. 15B-10.001 Purpose and Authority

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

History

• Specific Authority 321.05(6) FS. Law Implemented 316.215, 316.545(8)(b), 316.610, 321.05(6) FS. History–New 12-9-80, Formerly 15B-10.01.

Fla. Admin. Code R. 15B-10.002 Safety Criteria

The following sections of Chapter 316, Florida Statutes, shall constitute the criteria for safety inspections to be conducted by the Weight Inspection Officers of the Department of Transportation under Rule 15B-10.001, F.A.C.: Sections 316.215, 316.220, 316.221, 316.222, 316.2225 (1 thru 6), 316.224, 316.225, 316.226, 316.227, 316.228, 316.229(1), 316.233, 316.234, 316.235, 316.237, 316.2396, 316.261, 316.262, 316.263, 316.271 (1 thru 3), 316.272, 316.294, 316.295, 316.300, 316.302, 316.515, 316.520, 316.525, 316.530, 316.600, 316.610, Florida Statutes.

History

• Specific Authority 321.05(6) FS. Law Implemented 316.215, 316.610, 321.05(6) FS. History–New 12-9-80, Formerly 15B-10.02.

Chapter 15B-12 FLORIDA HIGHWAY PATROL POLICIES AND PROCEDURES

Fla. Admin. Code R. 15B-12.001 Florida Highway Patrol Policies and Procedures: Qualifications and Evaluation Factors for Florida Highway Patrol Troopers

History

• Rulemaking Authority 120.53(1)(a), 321.02 FS. Law Implemented 321.02, 321.06 FS. History–New 8-9-93, Formerly 15B-12.01, Repealed 4-14-85.

Fla. Admin. Code R. 15B-12.002 Florida Highway Patrol Policies and Procedures: Promotions

History

• Rulemaking Authority 120.53(1)(a), 321.02, 321.06 FS. Law Implemented 321.02, 321.06 FS. History–New 8-9-93, Formerly 15B-12.02, Repealed 4-14-85.

Fla. Admin. Code R. 15B-12.010 Availability of Florida Highway Patrol Policies and Procedures

History

• Rulemaking Authority 120.53(1)(a), 321.02 FS. Law Implemented 321.02 FS. History–New 8-9-93, Formerly 15B-12.10, Repealed 4-14-85.

Fla. Admin. Code R. 15B-12.011 Florida Highway Patrol Auxiliary

The Florida Highway Patrol Auxiliary Policy Manual, effective June 1, 1992, is adopted by reference for use by the Department in administering the FHP Auxiliary pursuant to Section 321.24, F.S. Copies of the manual are available for inspection or copying at any local Florida Highway Patrol station or by contacting the Auxiliary Coordinating Office, Neil Kirkman Building, Tallahassee, Florida 32399-0555.

History

• Rulemaking Authority 120.53(1)(a), 321.02 FS. Law Implemented 321.24 FS. History–New 5-6-93.

Chapter 15B-13 OPERATION OF SOUNDMAKING DEVICES IN MOTOR VEHICLES

Fla. Admin. Code R. 15B-13.001 Operation of Soundmaking Devices in Motor Vehicles

History

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

Fla. Admin. Code R. 15B-13.002 Operation of Soundmaking Devices in Motor Vehicles

(1) The purpose of this rule is to set forth the definition of the term “plainly audible” and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S.

(2) “Plainly Audible” shall mean any sound produced by a radio, tape player, compact disc player, portable music or video player, cellular telephone, tablet computer, laptop computer, stereo, television, musical instrument, or other mechanical or electronic soundmaking device or instrument, which sound emanates from a motor vehicle, including sound produced by a portable soundmaking device, that can be heard outside the vehicle by a person using his or her normal hearing faculties.

(3) Law enforcement personnel shall measure sound according to the following standards:

(a) The primary means of detection shall be by means of the officer’s ordinary auditory senses.

(b) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he or she can readily identify the offending motor vehicle and the distance involved.

(c) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.

History

• Rulemaking Authority 316.3045 FS. Law Implemented 316.3045 FS. History–New 3-23-23.

Chapter 15B-14 LIGHT TRANSMITTANCE MEASURING DEVICES

Fla. Admin. Code R. 15B-14.001 Approval Requirements

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

(2) Manufacturers of light transmittance measuring devices shall submit an original report by an independent testing laboratory qualified to do business in Florida certifying that each model performs to factory specifications.

(3) The report shall be submitted to the Bureau of Law Enforcement Support Services, Division of Florida Highway Patrol, Neil Kirkman Building, Tallahassee, Florida 32399-0500. A letter of approval or a copy thereof, issued on the Department’s letterhead by the Bureau of Law Enforcement Support Services shall constitute approval of the particular device for use in this State.

History

• Rulemaking Authority 316.2955 FS. Law Implemented 316.2951-316.2956 FS. History–New 1-2-96.

Fla. Admin. Code R. 15B-14.002 Requirements for Type Acceptance

(1) Light transmittance measuring devices shall be provided with a standardized reference sample and procedure for taking readings utilizing the reference sample. The device light source shall be mid-range in the visible spectrum (560 nanometers plus or minus 20 nanometers) and shall exclude the ultraviolet and infrared portions of the spectrum. The accuracy of reference samples shall be verifiable with instrumentation calibrated to standards traceable to the National Institute of Standards and Technology (NIST), whose standards applicable to this rule are hereby incorporated by reference. A copy of National Bureau of Standards Special Publication 250-6, “NBS Measurement Services: Regular Spectral Transmittance” may be ordered from the National Technical Information Services (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, 1(800)553-6847.

(2) Light transmittance measuring devices shall comply with the following criteria:

(a) Single unit light transmittance measuring devices shall be compact and designed to be operated by one person on vehicle glass with up to 1/4 inch glass thickness.

(b) Two-piece unit light transmittance measuring devices shall be designed to be operated by one person on front windows, side windows and rear windows up to 3/8 inch glass thickness. The two-piece unit shall have a digital readout to the nearest percent and an alignment aide feature to maintain stable alignment throughout the period of measurement. Activation may be manual or automatic.

(c) Measuring devices shall maintain unit accuracy within plus or minus three percentage points of reference samples and shall have a repeatability within plus or minus one percentage point from reading to reading. If the supply voltage is outside of the device’s operating range, the device shall either produce a low battery signal or shall not produce an output reading, or both.

(d) Measuring devices affected by outside “stray” or “ambient” light sources of 2% or greater shall not be acceptable.

(e) Measuring device readings that are affected by temperature and humidity changes shall not be acceptable. Operating humidity range shall be 0 to 85 percent and operating temperature range shall be 20 to 100 degrees Fahrenheit. Acceptable units shall be capable of demonstrating both published accuracy and repeatability of transmittance readings throughout the operating temperature and humidity ranges.

(f) Reference samples shall be either glass or plastic based with a thickness of 1/8 inch to 1/4 inch and stable for at least one year. Reference samples shall provide a uniform surface reading with a variation not to exceed 1.0 percentage point as measured by a calibrated Spectrophotometer. Reference samples shall be permanently labeled or inscribed with the manufacturer’s name and address, specific identification number, percent of light transmittance and preparation date. Reference samples shall be recalibrated at least once per year by a qualified laboratory.

History

• Rulemaking Authority 316.2955 FS. Law Implemented 316.2951-316.2956 FS. History–New 1-2-96.

Chapter 15B-15 ASSESSMENT OF PENALTIES FOR VIOLATIONS FOUND DURING COMPLIANCE REVIEWS AND PAYMENT OF PENALTIES

Fla. Admin. Code R. 15B-15.0011 Scope and Definitions

(1) This rule chapter applies to motor carriers of commercial motor vehicles and nonpublic sector buses, and shippers of hazardous materials; establishes procedures for the payment of penalties in accordance with Chapter 316, F.S.; and establishes the amount of penalties for violations found during a compliance review under Sections 316.302, 316.70, 627.7415 and 627.742, F.S., and 49 C.F.R. Part 107, Subpart G, and Parts 171, 172, 173, 177, 178, 180, 382, 390, 391, 392, 395, 396 and 397, incorporated herein by reference.

(2) The following words and phrases, when used in these rules, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

(a) “Citation” means a written statement issued by the Department to a motor carrier, or shipper of hazardous materials, for:

1. A violation of weight or vehicle registration laws; or

2. A violation of safety laws or regulations, or permit violations; or

3. A violation of the fuel use tax requirements contained in Chapter 207, F.S.

(b) “Commercial Motor Vehicle” means as defined in Section 316.003, F.S.

(c) “Compliance Review” means an onsite review of documents at a motor carrier’s or shipper of hazardous materials’ terminal or office, including property carrier, passenger carrier, or shipper of hazardous materials records, such as driver’s hours of service, maintenance and inspection, driver qualification, commercial driver’s license requirements, financial responsibility, and accident and other safety and business records which will enable the investigators to establish compliance with safety laws and regulations.

(d) “Department” means the Florida Department of Highway Safety and Motor Vehicles.

(e) “Motor Carrier” means any person, or entity of any kind owning, controlling, operating, managing, contracting with the owner or operator of, or dispatching any commercial motor vehicle or nonpublic sector buses.

(f) “Nonpublic Sector Bus” means as defined in Section 316.003, F.S.

(g) “Penalty” means a monetary amount prescribed by statute or Department rule as an administrative assessment for a violation of a safety law or regulation pursuant to the issuance of a citation.

(h) “Shipper of Hazardous Materials” means any person or entity of any kind that offers hazardous materials, as defined in Section 316.003, F.S., for transportation in commerce.

History

• Rulemaking Authority 316.302, 316.535 FS. Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545, 316.550, 316.70 FS. History–New 7-15-91, Amended 9-12-96, 8-7-03, 10-9-05, Formerly 14-87.0011.

Fla. Admin. Code R. 15B-15.0012 Assessment of Penalties for Violations Found During Compliance Reviews

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

Violation Penalty

For each violation of 49 C.F.R. Part 391, 396, or 397: $100

For each violation of 49 C.F.R. Part 171, 172, 173, 177, or 180: $100

For each violation of 49 C.F.R. Part 107, Subpart G: $250

For failing to file a motor carrier identification report, as required by 49 C.F.R. 390.19: $500

For violation of operating authority under 49 C.F.R. 392.9a: $500

For any other violation of 49 C.F.R. Part 392: $100

For failing to maintain time records required by 49 C.F.R. 395.8 or Section 316.302(2)(d), F.S.:

For any other violation of 49 C.F.R. Part 395: $500

$100

For no Controlled Substances and Alcohol Use and Testing Program, as required by 49 C.F.R. Part 382:

For any other violation of 49 C.F.R. Part 382: $1,000

$250

For failing to maintain any insurance required by Section 627.7415 or 627.742, F.S.: $2,500

For failing to maintain minimum levels of insurance required by Section 627.7415 or 627.742, F.S.: $1,000

For refusal to submit to a compliance review: $5,000

(2) Except for violations specified below, the penalties prescribed above will be waived if, as a result of the first compliance review conducted on a motor carrier or shipper of hazardous materials, the described violations are corrected within 20 days after the receipt of a citation:

(a) Violations of 49 C.F.R. Part 382.

(b) Violations of 49 C.F.R. Part 395 or Section 316.302(2)(b), (c) or (d), F.S.

(c) Violations of hazardous materials requirements.

(d) Utilizing any driver without a valid driver’s license, such as having a revoked, suspended, canceled, or expired license, or a license with improper classification, not properly endorsed, or in violation of restrictions.

History

• Rulemaking Authority 316.302 FS. Law Implemented 316.302, 316.3025, 316.70, 627.7415, 627.742 FS. History–New 10-9-05, Formerly 14-87.0012.

Fla. Admin. Code R. 15B-15.002 Payment of Penalties; Detaining and Impounding Commercial Motor Vehicles

(1) Penalties imposed upon a motor carrier or shipper of hazardous materials are due and payable upon the issuance of a citation. Law enforcement officers, weight inspectors, and other authorized agents of the Department, upon issuance of a citation, shall allow motor carriers or shippers of hazardous materials in good standing to make payment of penalties within 20 calendar days from the issuance of the citation. Payment must be received by the Office of Motor Carrier Compliance Penalty Collections Unit in Tallahassee, Florida, within 20 calendar days from the date of the citation.

(2) In the event that payment of penalties for a citation is not received within the 20 calendar day period, the commercial motor vehicle(s) shall be impounded in accordance with Sections 316.545, 316.3025, 316.516 and 316.550, F.S. Motor carriers who fail to pay any and all penalties owed to the Department will be referred to the Department of Highway Safety and Motor Vehicles, where the vehicle’s registrations and fuel permits shall be revoked or suspended in accordance with Section 320.18, F.S.

(3) Payment methods for citations include cash, money orders, certified funds from a financial institution, credit cards, and company checks.

(4) A motor carrier or a shipper of hazardous material that owes penalties to the Department, or has not paid penalties in a timely fashion on one or more previous occasion, shall be deemed to be not in good standing. A commercial motor vehicle(s) owned by a motor carrier or shipper of hazardous materials deemed not in good standing will be detained or impounded immediately and held until all penalties are paid to the Department. A list of such motor carriers and shippers of hazardous materials will be provided statewide by the Penalty Collections Unit to the Office of Motor Carrier Compliance law enforcement officers and weight inspectors.

(5) Except for penalties assessed during compliance reviews, the fact that a motor carrier or shipper of hazardous material has requested an appeal before the Commercial Motor Vehicle Review Board does not relieve responsibility to make payment of the assessed penalty for a citation within the 20 day period.

(6) Commercial motor vehicles impounded in accordance with this rule will be released upon payment of all penalties owed to the Department, upon the posting of a bond pursuant to Section 316.545, F.S., upon a determination by the Commercial Motor Carrier Review Board to cancel or revoke the penalty, or upon issuance of a Department order pursuant to Section 120.57, F.S. Commercial motor vehicles released as a result of the posting of a bond under Section 316.545, F.S., remain subject to the lien imposed by that statute.

(7) Any costs associated with the detention, impoundment, and storage of commercial motor vehicles in accordance with Sections 316.545, F.S., shall be the responsibility of the motor carrier or shipper of hazardous material, and proof of payment of such costs shall be provided to the Department prior to the vehicle being released.

History

• Rulemaking Authority 316.302, 316.535, 334.044(2) FS. Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545. 316.550, 316.70 FS. History–New 1-8-86, Amended 2-25-87, 7-15-91, 9-12-96, 8-7-03, 10-9-05, Formerly 14-87.002.

Chapter 15B-16 WIRELESS COMMUNICATIONS DEVICE DRIVING SAFETY PROGRAM

Fla. Admin. Code R. 15B-16.001 Definitions

For the purpose of this chapter, which sets forth the standards for approval of the Wireless Communications Device Driving Safety Program by the Department of Highway Safety and Motor Vehicles, the following words and phrases shall have the meaning indicated.

(1) Class – One or more sessions of an approved Wireless Communications Device Driving Safety Program.

(2) Program Provider – The owner of the copyright or proprietary interests in a Wireless Communications Device Driving Safety Program. Each Wireless Communications Device Driving Safety Program shall have one designated program provider.

(3) Department – The Florida Department of Highway Safety and Motor Vehicles.

(4) Elective Student – A person who attends a Wireless Communications Device Driving Safety Program pursuant to Section 316.306(4)(a), F.S.

(5) Entity – A firm, partnership, association, corporation, public school system, public community college, or public university.

(6) Revocation – The permanent withdrawal of Department approval of a Wireless Communications Device Driving Safety Program for use in the State of Florida.

(7) Suspension – The withdrawal of Department approval of a Wireless Communications Device Driving Safety Program for use in the State of Florida until program provider demonstrates to the Department that it has remedied all issues identified by the Department as constituting the reason(s) for such withdrawal.

(8) Wireless Communications Device – This term has the same meaning as provided in Sections 316.305(3)(a) and 316.306(1), F.S.

(9) Wireless Communications Device Driving Safety Program or program – A program approved by the Department, designed for drivers who elect to attend pursuant to Section 316.306(4)(a), F.S. A program designated to educate drivers on the dangers of operating a motor vehicle while using wireless communication devices in a handheld manner in a designated school crossing, school zone, or work zone.

History

• Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New 3-8-20.

Fla. Admin. Code R. 15B-16.002 Program Approval

(1) All Wireless Communications Device Driving Safety Programs conducted in the State of Florida must be approved by the Department.

(a) Each program provider seeking approval of a Wireless Communications Device Driving Safety Program must produce proof of ownership or copyright to use the program in the State of Florida.

(b) In order to obtain and retain approval by the Department, each program provider shall ensure that all persons or entities conducting the program fully and promptly comply with the applicable laws of the State of Florida. If the program provider is the person or entity conducting the program, then the program provider must fully and promptly comply with the applicable laws of the State of Florida.

(c) In order to obtain and retain Department approval, each program provider shall fully comply with Chapter 15B-16, F.A.C.

(2) Approval of a Wireless Communications Device Driving Safety Program shall be based on Department review of the program materials and effective oversight of the program by the program provider. The program review will be based on the following:

(a) The program provides effective instruction in the following eight topics:

1. Definition of distracted driving, including the types of distractions and how they affect one’s ability to drive safely.

2. Impact of distracted driving in the United States and Florida.

3. Strategies to reduce or avoid distracted driving.

4. Driver responsibility concepts.

5. Defensive driving concepts.

6. Rules of the road that relate to safe and distraction-free driving.

7. Impact of physics and natural laws on driving, including perception and reaction times.

8. Psychological factors that affect one’s ability to drive safely.

(b) The length of program instruction shall be ninety minutes. An additional ten minutes may be alloted for a break.

(3) A program provider seeking approval of a Wireless Communications Device Driving Safety Program shall submit to the Department HSMV 72891, Application for Wireless Communications Device Driving Safety Program, effective 3/20, incorporated herein by reference and available at: http://flrules.org/Gateway/reference.asp?No=Ref-11616 or https://www.flhsmv.gov/pdf/forms/72891.pdf.

History

• Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New 3-8-20.

Fla. Admin. Code R. 15B-16.003 Program Completion Certificates ‒ Wireless Communications Device Driving Safety Program

(1) Each program provider must provide each entity conducting its program a certificate of authority to conduct its program in the State. Such certificate must contain the name of the program provider, the name of the entity and the name of the Wireless Communications Device Driving Safety Program. Each program provider shall submit to the Department a copy of all such certificates within five days of issuance. A certificate is not required if the program provider is the person or entity conducting its program.

(2) The program provider shall ensure that only Department-approved instructional materials are used in the presentation of the program.

(3) The program provider shall ensure that each person who successfully completes a Wireless Communications Device Driving Safety Program is issued at the time of completion a fully executed certificate of program completion. The certificate must include:

(a) The name of the Elective Student as listed on the Elective Student’s driver license.

(b) The driver license number of the Elective Student.

(c) The date of birth of the Elective Student.

(d) The program completion certificate number assigned by the Department.

(e) The name of the Wireless Communications Device Driving Safety Program.

(f) The name of the entity conducting the program.

(g) The date that the Elective Student completed the program.

(h) Whether the program completion was ordered by a court. In such case, the certificate must include the court’s circuit and county.

(4) The program provider shall ensure that any Elective Student who is unable to attend or complete a program due to an action, error or omission by the program provider or entity conducting its program shall be permitted to complete the program at no additional cost.

(5) The program provider shall submit to the Department written notice of any authorization for an entity to conduct its Wireless Communications Device Driving Safety Program in the State. The program provider shall also submit written notice to the Department within ten days of authorizing a new entity or terminating any existing authorization.

History

• Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New 3-8-20.

Fla. Admin. Code R. 15B-16.004 Elective Student Records ‒ Wireless Communications Device Driving Safety Program

(1) Each program provider shall have available for inspection and photocopying by the Department all Elective Student records for each program.

(2) Each program provider shall have available for inspection and photocopying by the Department a list of Elective Students who complete each class conducted and information necessary to issue duplicate certificates to such Elective Students as detailed in subsection 15B-16.003(3), F.A.C.

(3) The program provider shall maintain the above records for a minimum of three years from the date of program completion. Records may be maintained in physical or electronic format.

History

• Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New 3-8-20.

Fla. Admin. Code R. 15B-16.005 Program Completion ‒ Wireless Communications Device Driving Safety Program

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

(2) The program provider shall also submit notice of Elective Student completion together with the citation number through the Florida Courts E-Filing Portal governed by the Florida Courts E-Filing Authority to the clerk of the circuit court of the county where the citation is issued within 24 hours of an Elective Student’s completion of the program.

History

• Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New 3-8-20.

Fla. Admin. Code R. 15B-16.006 Denial, Suspension or Revocation of Program Approval

(1) The Department shall deny approval of a program provider’s Wireless Communications Device Driving Safety Program if the program provider:

(a) Fails to satisfy any program approval requirement in Chapter 15B-16, F.A.C.

(b) Violates any applicable state or federal law.

(c) Conducts a Wireless Communications Device Driving Safety Program in the State of Florida prior to receiving Department approval.

(d) Has experienced a prior revocation of approval of the program by the Department.

(2) The Department shall suspend approval of a program provider’s Wireless Communications Device Driving Safety Program if the program provider:

(a) Violates any applicable state or federal law.

(b) Violates any provision of Chapter 15B-16, F.A.C.

(3) The Department shall revoke approval of a program provider’s Wireless Communications Device Driving Safety Program if the program provider:

(a) Receives a second or subsequent suspension of program approval.

(b) Obtains program approval by fraud or misrepresentation.

(c) Obtains or assists a person in obtaining any driver license by fraud or misrepresentation.

(d) Conducts a Wireless Communications Device Driving Safety Program in the State of Florida while approval of such program is under suspension.

(4) Except as otherwise provided by law, prior to final Department action denying, suspending or revoking approval of a Wireless Communications Device Driving Safety Program, the program provider shall have the opportunity to request either a formal or informal administrative hearing to show cause why the action should not be taken pursuant to Sections 120.569 and 120.57, F.S.

History

• Rulemaking Authority 321.05(6) FS. Law Implemented 316.306 FS. History–New 3-8-20.

Division 15C Division of Motor Vehicles

Chapter 15C-1 GENERAL

Fla. Admin. Code R. 15C-1.001 Watering Designed Equipment

Motor vehicles and trailers equipped with tanks fixed or mounted thereon, designed and used for transporting water or liquid solutions from the source of supply to groves or fields for irrigating, spraying or otherwise distributing such material on crops or citrus trees, are classified as motor vehicles that are required to register for and be licensed with a flat $32.50 tax.

History

• Rulemaking Authority 320.011, 320.17 FS. Law Implemented 320.17, 320.08(5)(b) FS. History–New 6-22-76, Formerly 15C-1.01.

Fla. Admin. Code R. 15C-1.002 “Goat” Tags, Requirement for

History

• Rulemaking Authority 320.011, 320.17 FS. Law Implemented 320.17, 320.08(3)(e) FS. History–New 6-22-76, Formerly 15C-1.02, Repealed 8-5-12.

Fla. Admin. Code R. 15C-1.003 Temporary Tags; Definitions and Use

(1) For the purpose of this rule and Rule 15C-1.004, F.A.C., the following words have the meaning indicated:

(a) Temporary tag – A white cardboard license plate designed and distributed by the Division of Motorist Services.

(b) Issuer – Includes motor vehicle dealers licensed under Section 320.27, F.S., mobile home and recreational vehicle dealers licensed under Section 320.77, F.S.; and banks, credit unions and other financial institutions who issue temporary tags for the purpose of demonstrating repossessions for sale.

(2) Temporary tags may be used only until midnight of the thirtieth (30th) calendar day following the day of issuance. The day of issuance shall count as the first day.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.131 FS. History–New 6-22-76, Formerly 15C-1.03, Amended 3-4-96.

Fla. Admin. Code R. 15C-1.004 Temporary Tags; Distribution and Issuance; Maintenance of Records

(1) Issuers may obtain temporary tags from the Division of Motorist Services in Tallahassee, the nearest regional office of the division, a county tax collector’s office, tax collector’s branch agency (tag office), or authorized agent in lots of five (5). Singular tags may be purchased in a casual or private sale or when a motor vehicle must be weighed prior to registration.

(2) Each temporary tag issued shall be completed by the issuer by filling in the information required on such tag in “Higgins” or similar type of waterproof ink.

(3) Issuers shall maintain records of all temporary tags purchased and all temporary tags issued, in numerical order, for a minimum of three years from the date of issuance of any such tag. Records shall be maintained so that issuer can account for each temporary tag purchased. Records of temporary tags issued shall include the name and address of the person to whom each temporary tag is issued, the make and vehicle identification number of the vehicle to which the temporary tag is assigned and the date on which the temporary tag was issued.

(4) A temporary tag bearing erasures, white out or corrections is void, regardless of the reason why such modification is made and such tag shall be marked “VOID” across the face. Any temporary tag voided by an issuer and marked “VOID” across the face of the tag shall be maintained as part of the temporary tag records required hereunder.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.131 FS. History–New 6-22-76, Formerly 15C-1.04, Amended 3-4-96.

Fla. Admin. Code R. 15C-1.005 Temporary Tags; Display

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.131 FS. History–New 6-22-76, Formerly 15C-1.05, Repealed 3-4-96.

Fla. Admin. Code R. 15C-1.006 Transporting New Trailers; Licenses

Florida manufactures of trailers (including mobile homes and new boat trailers) may use the highways of this state for the purpose of moving such vehicle from the place of manufacture to the place of sale by means of towing by a duly registered and licensed motor vehicle, without their having affixed to them the license plate required by law to be displayed upon vehicles using the highways for the purpose of transporting or carriage of property or persons.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.17 FS. History–New 6-22-76, Formerly 15C-1.06.

Fla. Admin. Code R. 15C-1.007 Motor Vehicle Dealers; Residence

All applicants for motor vehicle dealer’s licenses and all licensed motor vehicle dealers shall be and continue to be authorized to do business in this state. Whenever the Director of the Division of Motorist Services determines that any motor vehicle dealer is not authorized to do business in this state, the director shall cancel, deny renewal, or otherwise terminate the license granted.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.27(3) FS. History–New 6-22-76, Formerly 15C-1.07.

Fla. Admin. Code R. 15C-1.008 Preliminary Filing of an Application for a Motor Vehicle Dealer’s License; Procedure

History

• Rulemaking Authority 320.011, 320.27(3), 320.69 FS. Law Implemented 320.27, 320.642 FS. History–New 6-22-76, Amended 2-12-80, Formerly 15C-1.08, Repealed 4-19-94.

Fla. Admin. Code R. 15C-1.0081 Motor Vehicle Dealer Requirements

History

• Rulemaking Authority 320.0111, 320.27(3) FS. Law Implemented 320.27 FS. History–New 11-12-84, Formerly 15C-1.081, Repealed 5-12-85.

Fla. Admin. Code R. 15C-1.009 Automobiles for Private Use; Definitions

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.01(1)(a), 320.08(2) FS. History–New 6-22-76, Formerly 15C-1.09, Repealed 8-5-12.

Fla. Admin. Code R. 15C-1.010 Minimum Standards for Anchors and Tie-downs, Including Over-the-Roof Ties, for Mobile Homes

History

• Rulemaking Authority 320.011(5), 320.824(1) FS. Law Implemented 320.8325, 320.8285, 320.835(2)(b), 320.822(7) FS. History–New 2-18-74, Amended 10-20-74, 1-25-75, 1-30-80, Formerly 15C-1.10, Repealed 1-10-94.

Fla. Admin. Code R. 15C-1.0101 Definitions

For the purpose of Rules 15C-1.0102, 15C-1.0103, 15C-1.01031, 15C-1.0104, 15C-1.0105, 15C-1.0106, 15C-1.0107, 15C-1.0108 and 15C-1.0109, F.A.C., the following words have the meaning indicated:

(1) “Department” means the Department of Highway Safety and Motor Vehicles.

(2) “Dealer Installer” means any licensed mobile/manufactured home dealer who is authorized by the department to install mobile/manufactured homes.

(3) “Licensed Installer” means any person, other than direct employees of licensed dealers or manufacturers, who engages in mobile home installation and has obtained a license to do so from the department.

(4) “Manufacturer Installer” means any licensed mobile/manufactured home manufacturer who is authorized by the department to install mobile/manufactured homes.

(5) “Exposure D” means flat, unobstructed areas exposed to wind flowing over large bodies of water. This exposure shall apply only to those buildings and other structures exposed to the wind coming from over the water. Exposure “D” extends inland from the shoreline a distance of 1500 feet or 10 times the height of the building or structure, whichever is greater.

(6) “Frame Tie or Tie Down” means any device or method approved by the department and used for the purpose of securing the mobile/manufactured home or park trailer to ground anchors in order to resist wind forces.

(7) “Ground Anchor” means any device approved by the department and used for the purpose of securing a mobile/manufactured home or park trailer to the ground in order to resist wind forces. Ground anchors are rated by working load, which is the maximum load for design purposes. The ultimate load is the working or design load multiplied by the safety factor of 1.5.

(8) “Mobile/Manufactured Home” means a structure, transportable in one (1) or more sections, which is eight body feet (8') or more in width, greater than four hundred (400') square feet and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained herein.

(9) “Over-Roof Tie” means any device approved by the mobile/manufactured home manufacturer or listed by the department and used for the purpose of securing the mobile/manufactured home systems to ground anchors in order to resist wind forces. Ties may be installed over or under roof material.

(10) “Park Trailer” means a transportable unit which has a body width not exceeding fourteen feet (14') and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances.

(11) “Set-Up” means the operations performed by a licensed installer, dealer installer or manufacturer installer, at the occupancy site which render a mobile/manufactured home or park trailer fit for habitation. Such operations include, but are not limited to, transporting, positioning, blocking, leveling, supporting, tying down, making minor adjustments, assembling multiple or expandable units and connecting utility systems as defined in Rule 15C-2.0072, F.A.C.

(12) “Stabilizer Device” means a device approved by the department that is installed with the ground anchor to resist lateral movement of the mobile/manufactured home and anchor.

(13) “Vertical Tie” means any device or method approved by the department and used for the purpose of securing the mobile/manufactured home or park trailer to ground anchors in order to resist vertical or uplift forces caused by the wind.

(14) “Longitudinal Tie Downs” means anchor system or longitudinal stabilizing devices (system), designed to resist horizontal wind loads in the long direction of the home (i.e.: wind load applied to each end of the home).

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.01(1)(b)7., 320.01(2), 320.822(12) FS. History–New 1-10-94, Amended 10-2-95, 3-31-99.

Fla. Admin. Code R. 15C-1.0102 Installation Standards for Mobile/Manufactured Homes and Park Trailers

The standards set forth herein are requirements for all mobile/manufactured home and park trailer installations, unless otherwise specified in this rule. All installations of mobile/manufactured homes shall be performed by either a licensed installer, dealer installer or manufacturer installer.

(1) Installation standards for the set-up of new or used manufactured homes and park trailers shall be in compliance with the manufacturer’s installation instructions unless otherwise specified in this rule. In the absence of the manufacturer’s installation instructions, used mobile/manufactured homes and park trailers shall comply with the provisions of this rule. The park trailer manufacturer shall make built-in provisions for a minimum of three (3) vertical tie-down straps and three (3) frame tie-down straps on each side of the unit. All used park trailers shall have at least three (3) vertical and three (3) frame tie-down straps installed. Exception: The center vertical tie-down strap on used units may be exempt when it is structurally prohibitive to install.

(2) All anchors, piers and tie-down components used in the installation of a mobile/manufactured home or park trailer shall be tested, listed and approved by the Florida Department of Highway Safety and Motor Vehicles, Bureau of Mobile Home and Recreational Vehicle Construction. If tests are conducted out of the State of Florida, the anchor or component manufacturer shall pay the expenses (per diem and travel) incurred by this out-of-state travel. Installation of such anchors, piers and tie-down components shall be in accordance with the manufacturer’s instructions used during the testing procedure.

(3) Site Preparation: The under-home grade (ground) shall be cleaned of all vegetation and organic material; i.e., stumps, roots, etc., except grass not exceeding three inches (3'') in height. The area beneath and around the home shall be graded, sloped for proper drainage so that water will not accumulate under the home. All grass and organic material shall be removed and the pier foundation placed on stable soil or compacted fill. When the soil compaction or soil bearing capacity is not known, assume one thousand (1,000) psf or consult with the local building authority. Soil shall be removed from an area of at least 16'' x 16'' to a depth equal to the height of the pier base. Exception: When being installed on fresh, clean, compacted fill the pier base may be placed on top of the soil. The bottom of the footer(s) shall be placed on stable soil. The pier foundation shall be a minimum of 4'' x 16'' x 16'' solid concrete pad, precast or poured eight inch (8'') minimum in place, or other material approved and listed by the department. Where the manufacturer’s specifications have additional requirements than the above, the more stringent shall apply.

(4) Auger Anchors: All mobile/manufactured homes and park trailers shall be anchored with approved auger anchors, which shall be coated with hot-dipped zinc galvanizing (ASTM Standard #123-89A, which is hereby incorporated by reference); .60 ounces per square foot. Auger anchors shall be installed to the manufacturers installation instructions with special emphasis on soil classification and placed in undisturbed or compacted soil. Piers are to be installed off center of the anchors so as not to interfere with the proper alignment of the strapping. Anchors may be installed in predrilled holes provided the anchor penetrates a minimum of two feet (2') into undisturbed soil beyond the predrilled hole. When the anchor manufacturer’s installation instructions permit, the hole is then backfilled with soil compacted in layers not exceeding six inches (6''). For manufactured homes produced after July 13, 1994, refer to the manufacturer’s set-up manual for the working load requirements for anchors at the different tie points on the manufactured home. For used manufactured homes manufactured after July 13, 1994, and the manufacturer’s set-up manual is not available, all anchor points at side walls, shear walls, end walls, center line and other points as identified by the manufacturer, shall be certified for a working load of four thousand (4,000) pounds, with an ultimate load of six thousand (6,000) pounds. Anchors are required one at each end of shear walls; one on each end of each I-beam; one frame tie at each vertical tie point; one on each end of each marriage wall (center line); and on each ridge beam support post. Note: Coral anchors are not designed to meet Zone II and Zone III wind requirements.

(5) Stabilizing Devices: All ground anchors shall have approved stabilizing devices approved by the department, each of which shall have a minimum surface area of 180 square inches and shall be coated with hot-dipped zinc galvanizing (ASTM Standard 123-89A, which is hereby incorporated by reference); .60 ounces per square foot or zinc coated to ASTM (A929/A 929M-96, which is hereby incorporated by reference). The stabilizing device shall be installed with the top of the stabilizing device installed flush with the soil to prevent the anchor from deflecting. Exception: Stabilizer devices are not required at center line or marriage wall locations unless required by the manufacturer’s set-up manual.

(6) Foundations, piers or other load bearing supports or devices shall be installed and constructed to evenly distribute the load. Steel piers with mechanical adjustments shall be securely attached to the frame of all mobile/manufactured homes or park trailers. (See Figure C in Rule 15C-1.0103, F.A.C.) Manufactured load-bearing supports or devices shall be listed and approved for the use in which it was applied or piers shall be constructed as outlined in this rule. Concrete products shall comply with the following specifications: Minimum dimensional and structural requirements for load-bearing solid and cell concrete blocks shall be to the Standard Specification for Load-Bearing Concrete Masonry Units, ASTM C-90, 1996 edition. Concrete foundations and cap blocks must have a minimum of two thousand two hundred (2,200) pound flexural strength as measured by Standard Test Method for Sampling and Testing Concrete Masonry Units, ASTM C140-96. Solid 4'' concrete blocks are the minimum thickness of blocks that will meet this test. Poured concrete shall be a minimum of fcl = 2500 PSI. All plastic products shall be conditioned to ASTM D 618-61, reapproved 1990, Standard Practice for Conditioning Plastics and Electrical Insulating Materials for Testing. Plastics shall be tested to the following standards: ASTM D 790-92, Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials; ASTM D 732-85, Standard Test Method for Shear Strength of Plastics by Punch Tool and ASTM G 53-88, Standard Practice for Operating Light and Water Exposure Apparatus for Exposure of Nonmetallic Materials. All of the above ASTM Standards in subsection (6) are hereby incorporated by reference.

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95, 3-31-99.

Fla. Admin. Code R. 15C-1.0103 Foundations and Piers

These guidelines shall be used when the installation of foundations and piers is not specified in the manufacturer’s instructions or when the manufacturer’s installation instructions are not available.

(1) Piers:

(a) Piers shall be centered under the I-beam and installed in accordance with Table A. The maximum spacing of piers shall be eight feet (8'). First pier shall be within two feet (2') of either end of the home. The pier foundation shall be a minimum of 4'' x 16'' x 16'' solid concrete pad precast or poured eight inch (8'') minimum in place or other material approved and listed by the department.

(b) Piers may be constructed of regular 8'' x 8'' x 16'' concrete blocks, open cells (with open cells vertical), centered on the footing or foundation. A 2'' x 8'' x 16'' pressure treated or other material approved and listed by the department, pursuant to Rules 15C-1.0105 and 15C-1.0106, F.A.C., shall completely cover the top of the pier with pressure treated shims (1/4'' minimum and 1 1/2'' maximum thickness x 3 1/2'' minimum width × 6'' minimum length) centered and driven tight from both sides of the I-beam between the wood plate or cap and the main frame. Single tiered block piers shall be installed perpendicular to the main I-beam. Exception: When a pier has been capped with at least a four inch (4'') solid concrete block or other material approved and listed by the department, pursuant to Rules 15C-1.0105 and 15C-1.0106, F.A.C., one-fourth inch (1/4'') of wood stock or wood shims or other material approved and listed by the department, pursuant to Rules 15C-1.0105 and 15C-1.0106, F.A.C., shall be installed between the pier and steel I-beam. (See Figures A, B and D)

(c) Center Line and Perimeter Piers: Center line piers shall be located at each end of center line and eight feet (8') on center, except where openings of four feet (4') or greater occur, piers shall be located on each end of the opening within six inches (6'') of jamb studs or ridge beam posts. (See Figures A, B, C and D) Any openings fifteen feet (15') or larger in the exterior sidewall and/or marriage wall shall require blocking at each end of the opening with three (3) 4'' x 16'' x 16'' pads (See Figure D). Piers shall also be installed on each side of any perimeter door or fireplace. Bay windows or any opening forty-eight inches (48'') or more shall require blocking at each end. Fourteen feet (14') or wider units with I-beam spread of less than eighty-two inches (82'') and twelve feet (12') wide units with an I-beam spread of less than seventy-five and one-half inches (75 1/2'') shall have perimeter blocking installed at a minimum of eight foot (8') on center. Piers shall not be required under the clear (open) spans between ridge beam posts.

(d) All piers over thirty-six inches (36'') and corner piers over twenty-four (24'') in height shall be double tiered with blocks interlocked and capped with two (2) 4'' x 8'' x 16'' solid concrete blocks side by side and perpendicular to the I-beam or other material approved and listed by the department pursuant to Rules 15C-1.0105 and 15C-1.0106, F.A.C., and cushioned with wood shims or pressure treated plate. Pier height is measured from top of footer or foundation to top of cement block stack, including 4'' cap block(s). (See Figures B and D)

(e) All piers over fifty-two inches (52'') shall comply with local requirements.

(f) Metal and/or precast support piers shall be installed on a base or footer of a minimum size of 4'' x 16'' x 16'' solid concrete or other material approved and listed by the department. (See Figure C)

(g) Metal and/or precast support piers shall be restricted to a maximum four inch (4'') locking mechanical height adjustment and shall be restricted to a maximum height of not more than twenty-four inches (24'') measured from the ground base or footer. This twenty-four inch (24'') maximum shall not include the four inch (4'') mechanical extension or adjustment. Exception: Center line or perimeter supports are permitted to exceed the twenty-four inch (24'') maximum. (See Figure C)

(h) The minimum distance between the finished grade under all new and used mobile/manufactured homes and the bottom of the I-beam shall be eighteen inches (18''). Where the grade is sloped, twenty-five (25%) of the lowest member of the main frame may be set below eighteen inches (18''); however, under no circumstances may the bottom of the I-beam be set below twelve inches (12'') from the finished grade.

(2) Foundations:

(a) Concrete pads or foundations shall be a minimum of two thousand five hundred (2,500) pounds per square inch (psi).

(b) Plastic pads or foundations shall be tested in the lower fifty percent (50%) of each soil class.

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95, 3-31-99.

Fla. Admin. Code R. 15C-1.01031 Installation Standards for HUD Manufactured Homes and Park Trailers in Exposure “D” Areas

All HUD manufactured homes and park trailers constructed after July 13, 1994, that are located in Exposure “D,” Wind Zone II or Wind Zone III, shall have a data plate affixed in the home by the manufacturer as proof that the home meets the design standards. In flood prone areas the foundation shall comply with the requirements set forth in the manual, Manufactured Home Installation in Flood Hazard Areas, FEMA 85/September 1985, published by the Federal Emergency Management Agency (FEMA) and hereby incorporated by reference. All installations of mobile/manufactured homes shall be performed by either a licensed installer, dealer installer or manufacturer installer.

(1) All new and used mobile/manufactured homes shall have support and anchoring at the locations specified in the manufacturer’s installation manual for installation in Exposure “D.”

(2) In absence of the original manufacturer’s installation instructions, the anchoring system shall be designed by a professional engineer or architect, licensed in the State of Florida, to comply with Manufactured Home Installation in Flood Hazard Areas, FEMA 85/September 1985, incorporated by reference above. The foundation and piers shall comply with the requirements in Rules 15C-1.0102 and 15C-1.0103, F.A.C.

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.01(1)(b)7., (2)(b), 320.77(10), 320.8249, 320.822(12), 320.8285, 320.8325, 320.835(2)(b) FS. History–New 10-2-95, Amended 3-31-99.

Fla. Admin. Code R. 15C-1.0104 Installation Standards for Anchors and Tie-downs

These specifications are standards set by the Department of Highway Safety and Motor Vehicles for new and used mobile/manufactured homes or park trailers.

(1) Anchors:

(a) Type I anchor holding power for homes manufactured before July 13, 1994, shall be tested to a working load of three thousand one hundred and fifty (3,150) pounds, with an ultimate load of four thousand seven hundred twenty-five (4,725) pounds.

(b) Type II anchor holding power for homes manufactured after July 13, 1994, shall be tested to a working load of four thousand (4,000) pounds, with an ultimate load of six thousand (6,000) pounds.

(2) Frame Ties:

(a) All frame ties for new and used mobile/manufactured homes must have a factory fabricated strap connected at the top of the I-beam to an I-beam clamp approved by the department pursuant to Rules 15C-1.0105 and 15C-1.0107, F.A.C.

(b) Diagonal tie-downs for new and used mobile/manufactured homes, in all wind zones, shall be spaced no farther apart than five feet four inches (5'4'') on center with anchors placed within two feet (2') of each end. Note: Where sidewall strap separation is greater, they must be tied individually. Each frame tie shall be installed to the component manufacturer’s instructions. (Refer to below drawing)

(3) Longitudinal Tie-downs. All new and used mobile/manufactured homes, installed sixty (60) days after the effective date of this rule, must have longitudinal tie-downs or other approved longitudinal stabilizing systems meeting the specifications of Rules 15C-1.0105, 15C-1.0107 and 15C-1.0108, F.A.C., and designed to resist horizontal wind loads in the long direction of the home (i.e.: wind load applied to each end of the home). The longitudinal tie-downs are in addition to the anchoring systems required along the exterior side walls and/or marriage walls of the mobile/manufactured home.

(a) When anchors and straps are used for stabilizing the home in the longitudinal direction the strap must connect to a clip welded onto the I-beam or other device connected mechanically. Unless factory installed, the connection device must be approved by the department pursuant to Rules 15C-1.0105 and 15C-1.0107, F.A.C. At least four (4) anchors and straps are required (i.e., 16 per double-wide home) at the end of each section of the mobile/manufactured home.

Example of Longitudinal Tie-down Placement

(4) Marriage Wall/Centerline Ridge Beam Column Ties, Shear Wall Ties and Frames Ties:

(a) Centerline ties are required for all new and used multiple section homes.

(b) Multiple section homes are to be secured at the centerline with straps to the specifications in the manufacturer’s manual or at the locations designated on the home. In addition to centerline ties specified by the manufacturer, a centerline tie must be attached within two feet (2') of each end of each section of the mobile/manufactured home. Where necessary, an approved bracket shall be added by the installer.

(c) Centerline tie connections must be designed to swivel where attached to the mobile/manufactured home and must be connected to the mobile/manufactured home by means of grade #5 bolts with a minimum diameter of one-half inch (1/2'').

(d) As an alternate use with existing brackets or a manufacturer’s welded device, the approved method for installing straps to sidewall and centerline brackets is to loop the strap using a crimp seal with two (2) crimps evenly spaced and protected by a radius clip or manufactured bent/formed radius protective tab. Note: Bracket lacing or field threading shall not be used.

(5) Roof Ties:

(a) Homes manufactured after June 15, 1976, without over-the-roof ties, but designated “Hurricane Resistant” per the Federal Manufactured Home Construction and Safety Standards, section 3280.305(c)(2), as hereby incorporated by reference, shall not require roof ties. All manufactured homes manufactured after July 13, 1994, shall require vertical and frame tie points.

(b) Homes manufactured before July 13, 1994, where factory installed roof ties are not evident and it cannot be determined that the mobile/manufactured home is “Hurricane Resistant” without such ties, then the number of roof ties, as required by the table below, shall be installed so as to not contact with the structure, except at adequately reinforced areas, where additional load will not damage the structure.

1. Single-wide homes less than or equal to sixty feet (60') – three (3) roof ties.

2. Single-wide homes greater than or equal to sixty-one feet (61') – four (4) roof ties.

3. Double-wide homes – roof ties required only if installed by the manufacturer.

(c) All new park trailers manufactured after January 2, 1995, shall have at least three (3) factory installed vertical tie points in addition to the required frame ties.

(d) End roof ties or vertical ties shall be installed at not more than twenty-four inches (24'') from the end of the structure or at the first stud and truss and attached to the same anchor as the frame tie. If the frame does not extend to the back end wall, then the roof tie shall be installed within six inches (6'') of the end of the chassis.

(e) Intermediate roof ties or vertical ties shall then be located at midway or equally spaced between the end roof ties, as feasible.

(f) Double-wide homes manufactured before July 13, 1994, may not require roof ties, unless such ties are installed or provided by the manufacturer. However, additions or canopies may require such ties depending on the type of construction. All are subject to the same frame tie requirements as single-wide homes.

(g) Over-the-roof tie-down straps or tie points shall be connected to a ground anchor. If a strap has been damaged, cut off or removed, a replacement strap shall be installed or spliced using two (2) listed strap seals affixed to twelve inch (12'') overlap of strap with two (2) crimps evenly spaced on the seal.

(h) Used homes designed and requiring over-the-roof tie-downs and having a permanent type structure adequate to provide structural rigidity and stability, meeting the design loads as required by the Standard Building Code, as hereby incorporated by reference, shall not be required to have over-the-roof ties in the area of the addition, but shall require one at each end.

(6) Center Line Fastening: Multiple section homes shall be mechanically fastened every twenty-four inches (24'') at the bottom, end walls and roof. A minimum thirty (30) gauge, eight inches (8'') wide, galvanized strip shall be centered over the peak and fastened with galvanized roofing nails at two inches (2'') on center at both sides of center line.

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.77(10), 330.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95, 3-31-99.

Fla. Admin. Code R. 15C-1.0105 Testing Specifications for Straps, Piers, Anchors and All Components

(1) To secure approval of their products, manufacturers and/or producers shall have their products tested and certified by a registered engineer registered in the state of the product manufacturer or State of Florida. The engineer and testing laboratory shall be independent from the product manufacturer and the product manufacturer’s affiliates. Testing shall be conducted under the supervision of personnel of the Bureau of Mobile Home and Recreational Vehicle Construction with the laboratory cost being paid by the anchor or component manufacturer or producer.

(2) Each different model or component shall be tested (three (3) consecutive tests without a failure) and certified to their required force with tests continuing on to total destruction or ten percent (10%) overload.

(3) In-laboratory tests shall be conducted with the use of a Baldwin Press, or equivalent.

(4) The testing laboratory shall supply a current copy (within 12 months) of proof of calibration of test equipment.

(5) Force required for test: Force shall be applied in increments of five hundred (500) pounds with five (5) seconds hold time between each five hundred (500) increment to the requirement and then increase force to total destruction or ten percent (10%) overload.

(6) Destruction test shall show the following:

(a) Point of failure.

(b) Method of testing.

(7) Each manufacturer or producer must submit to the State of Florida, Department of Highway Safety and Motor Vehicles, Division of Motorist Services, Bureau of Mobile Home and Recreational Vehicle Construction, the following data:

(a) Detailed drawings of each type product submitted for approval. Each drawing shall bear the seal of a registered engineer registered in the state of the product manufacturer or the State of Florida.

(b) Certified engineering drawings and specifications of each product includes:

1. Dimensions and specifications on all welds and fasteners.

2. Dimensions and specifications of all metal or material.

(c) Model number and location.

(d) Test data and results.

(e) Letter from a registered engineer registered in the state of the product manufacturer or State of Florida certifying tests results.

(f) Installation instructions. Installation instructions are required to be shipped with each product.

(8) All anchors, piers, and tie-down components shall be recertified when there is a change in design or material.

(9) If the manufacturer or producer request these tests to be conducted out of state, all expenses (travel and per diem) shall be paid by the manufacturer or producer.

History

• Rulemaking Authority 320.011, 320.824(1), 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95.

Fla. Admin. Code R. 15C-1.0106 Pier Specifications

(1) Each pier shall be required to withstand 2,500 pounds plus a 2.5 safety factor from a vertical projection and from a horizontal projection equal to the same angle or degree of angle of the leg or support, using the same weight and safety factor. Three (3) consecutive tests must be performed without a failure. (Horizontal projection test not required on piers of less than twelve inches (12'') in height including adjustment.)

(2) Piers manufactured with adjustable heights shall be tested at maximum heights. Test results shall be reported in the format shown in Example No. I.

History

• Rulemaking Authority 320.011, 320.824(1), 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95.

Fla. Admin. Code R. 15C-1.0107 Strap Test Specifications

(1) All tie-down straps shall be tested to American Society for Testing and Materials (ASTM) D 3953-91.

(2) All tie-down straps, etc., shall be Type 1, Finish B, Grade 1, Steel Strapping 109,000 minimum yield strength, .035'' minimum thickness (plus or minus .002 in. – 0.05MM), Finish B – hot-dipped galvanized zinc coating (ASTM Standard 123-89A); .60 ounces per square foot, per surface, 4750 pounds minimum break strength, marked every 12 to 15 inches (manufacturer’s name and ASTM Spec. D3953-91), 1 1/4'' width (plus or minus .005 in. – 0.13MM), 6.6 feet per pound of strap, elongation 6.5% to 12%.

(3) All straps shall be subjected to the following test procedures: (Refer to Example No. II for the proper format to use in reporting test results.)

(a) Bend Test (5 bends)

Strap shall be bent by hand over a radius of 1/8 inch plus or minus 1/64'' inch. One bend shall consist of a ninety (90) degree bend in one direction and return to the original position. Make successive bends in opposite directions.

(b) Breaking Test

The crosshead speed shall be two inches (2''). The test specimen shall be six inches (6'') in length between the clamps or jaws.

(c) Elongation Test

The elongation testing shall be conducted on the six inch (6'') length of strap exposed between the jaws. Two (2) measurements for elongation shall be recorded at four thousand seven hundred twenty-five (4,725) pounds then test shall be continued to strap failure and elongation recorded.

(d) Hardness Test or Military Specification listing the properties.

(4) Strap Splice or Connections

(a) Strap splice shall require at least twelve inches (12'') of strap overlap with two (2) seals evenly spaced. Each seal shall have two (2) crimps evenly spaced. All strap connections must be manufactured to meet minimum standards of Rule 15C-1.0105, F.A.C., and must be approved by the department.

(b) Factory installed sidewall and centerline bracket attachments shall require at least one (1) seal with two (2) crimps or equivalent welds evenly spaced and protected with a radius clip or manufactured bent or formed radius protective tab. (Note: Bracket lacing or field threading shall not be used.)

(c) Vertical and frame tie connections must be designed to swivel where attached to the mobile/manufactured home and must be connected to the home by means of grade #5 bolts with a minimum diameter of one-half inch (1/2'').

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95, 3-31-99.

Fla. Admin. Code R. 15C-1.0108 Anchor and Anchor Component Test Specifications

(1) The anchor may be tested in one piece or cut in half. When the anchor is cut in half for test purposes, the top or head shall be tested with a sling around a bolt, pin, etc., or through the bolt or connection that the tie-down strap or cable is attached to when the system is installed on the mobile home. The force required shall be seven thousand one hundred twenty-five (7,125) pounds. The disc or helix shall be used in the certified test. Also, the shimming between the steel plate and the disc will assure that the hole (minimum 1 1/2'') through the plate and disc will be vertical with the shaft or rod. Other tests that are equivalent may be used. (Refer to Example Nos. III, IV and V for the proper format to use in reporting test results.)

(2) When the anchor is tested in one piece, the head and the disc will be tested together. The test block would have a slot cut in the plate for the anchor shaft or rod to pass through to position the test block with the disc. Connection on the head would be the same as required in subsection (1) of this rule.

(3) Anchor tensioning device test: Each different anchor model or type of tensioning device shall be tested with strap or cable connected to the anchor head connecting device. Force required shall be four thousand seven hundred twenty-five (4,725) pounds and continue to destruction or ten percent (10%) overload. (Refer to Example No. VI for the proper format to use in reporting test results.)

(4) Method of testing: The tensioning device (head) shall be tested with strap or cable inserted or connected to the device or head in the same manner as required to connect or attach when installed on the mobile/manufactured home or park trailer. Bolt(s) used in the test shall be identified and listed as a part of the approved anchor assembly. No devices shall be used in the test that are not regularly furnished and required to be used with the anchor and component field installation. (Examples: clips, wedges, pins or other required accessories.)

(5) All field tests shall be performed in the lower fifty percent (50%) of the soil class.

(6) Anchor and stabilizer holding power for Type 4(a) Soil shall require a minimum of four thousand seven hundred twenty-five (4,725) pounds in each direction. Anchor and stabilizer for Type 4(b) Soil shall require a minimum of six thousand (6,000) pounds in the vertical direction and four thousand seven hundred twenty-five (4,725) pounds in a forty-five (45) degree horizontal direction. Over two inches (2'') of uplift or three inches (3'') of side deflection shall be recorded as failure. (Refer to Example Nos. VII and VIII for the proper format to use in reporting test results.)

(7) Required Test Report: Each different type or model design must be field tested for holding power by an independent testing laboratory and certified by an engineer registered in the State of Florida. All field tests shall be conducted in the State of Florida. The lab report shall show the following:

(a) Model tested as described by engineering drawings.

(b) Method of installation.

(c) Date of installation.

(d) Date of pull-out test.

(e) Soil profile description for each type soil in which anchor is tested and listed to be installed according to the soil classification chart printed herein.

(f) Location of field test.

(g) Test equipment used.

(h) Pounds of force exerted and resultant vertical and horizontal movement in inches for the anchor and stabilizer.

(i) Description of stabilizer used in each auger anchor field test, including stabilizer manufacturer.

History

• Rulemaking Authority 320.011, 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95, 3-31-99.

Fla. Admin. Code R. 15C-1.0109 Manufacturer Quality Assurance Program and Monitoring

(1) It is the manufacturer’s responsibility to maintain a reliable quality control program which includes inspection of incoming material, control of manufacturing methods, visual inspection of each manufactured anchor or component, and the periodic testing requiring ninety-five percent (95%) to ninety-eight percent (98%) compliance of the finished products.

(2) In-house sample testing of at least two (2) different anchors and/or components shall be conducted at monthly intervals. A schedule shall be set-up to assure that all listed products are tested. A copy of the test results shall be mailed to the Department of Highway Safety and Motor Vehicles, Division of Motorist Services, Bureau of Mobile Home and Recreational Vehicle Construction. This sampling is based upon a random sample selection of anchors and components for testing. A random sample is defined as a sampling procedure which avoids systematic choice, conscious or subconscious by the manufacturer. An important part of the quality assurance program shall show that the manufacturer is maintaining the quality level established by this program and according to the specifications as required by the applicable rules of Chapter 15C-1, F.A.C.

(3) The Bureau of Mobile Home and Recreational Vehicle Construction shall periodically pick up a random sample of each anchor manufacturer’s anchors and/or components for random testing. If failure occurs, the manufacturer shall be notified and given the option to provide testing of three (3) additional samples or the product shall be removed from the approved list and from sale in the State of Florida. This product shall be redesigned with a new model number including complete testing and listing for sale in Florida.

History

• Rulemaking Authority 320.011, 320.824(1), 320.8325(1) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Amended 10-2-95.

Fla. Admin. Code R. 15C-1.0110 Rule Review

History

• Rulemaking Authority 320.011, 320.824(1), 320.8325(2) FS. Law Implemented 320.77(10), 320.822(12), 320.8285, 320.8325, 320.835(2) FS. History–New 1-10-94, Repealed 8-5-12.

Fla. Admin. Code R. 15C-1.012 Exemption and Identification of Vehicles Exclusively Operated by the Federal Government

History

• Rulemaking Authority 320.011(5) FS. Law Implemented 320.10(1)(a), (2), 316.605 FS. History–New 6-2-80, Formerly 15C-1.12, Repealed 6-19-86.

Fla. Admin. Code R. 15C-1.013 Translation of Foreign Documents

All motor vehicle documents submitted to the department, for the purpose of registering and titling a motor vehicle, in a language other than English, must be accompanied by a translation of that document into the English language. The translation shall be certified by the translator as being a true and accurate translation.

History

• Rulemaking Authority 319.17(1), 320.011 FS. Law Implemented 319.21(1), 319.23(3), (4), (5), 320.02 FS. History–New 8-11-86.

Fla. Admin. Code R. 15C-1.014 Requirements

(1) Location – Two Outboard Motor Identification Numbers shall be affixed to each outboard motor. One of these numbers shall be affixed to a major component of the outboard motor which is not likely to be removed or replaced. This number shall be affixed in a manner such that the number normally would be recoverable if defaced. One of these numbers shall be located so that it is visible as the motor would normally be installed on a boat, without removal or disassembly of any component. One of these numbers shall be located where it is not readily visible.

(2) Durability – Outboard Motor Identification Numbers shall be impressed, embossed, bonded or otherwise permanently affixed in a similarly durable and non-transferrable manner. Materials subject to corrosion shall be protected to minimize risk of loss of number. The numbers shall be affixed so that alteration, removal or replacement will be difficult and obvious.

(3) The Outboard Motor Identification Number is a number, non-repetitive for at least twenty years, applied to each outboard motor by its manufacturer.

History

• Rulemaking Authority Chapter 84-129, Laws of Florida, Section 860.20 FS. Law Implemented Chapter 84-129, Laws of Florida, Section 860.20 FS. History–New 10-1-84, Formerly 16N-28.03, 16N-28.003, Amended 1-18-96, Formerly 62N-28.003.

Fla. Admin. Code R. 15C-1.015 Vehicle Registration Information

For purposes of s. 320.02, Florida Statutes, a “valid passport” is:

(1) An unexpired passport or passport card issued by the United States government; or

(2) An unexpired passport issued by the government of another country with:

(a) A stamp or mark affixed by the United States Department of Homeland Security onto the passport to evidence and authorize lawful presence in the United States; or

(b) An unexpired I-94, or current permanent resident card, or unexpired immigrant visa, issued by the United States Department of Homeland Security.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.02(2) FS. History–New 8-13-24.

Chapter 15C-2 RULES OF PROCEDURE FOR BUREAU OF MOBILE HOME AND RECREATIONAL VEHICLE CONSTRUCTION

Fla. Admin. Code R. 15C-2.001 Manufacturer and Dealer Licensing

History

• Rulemaking Authority 320.011, 320.824 FS. Law Implemented 320.8225, 320.827, 320.77 FS. History–New 1-25-75, Amended 9-11-78, Formerly 15C-2.01, Amended 12-10-92, 4-8-99, Repealed 8-5-12.

Fla. Admin. Code R. 15C-2.002 Code Seal or Label

(1) Duplex mobile home seals and HUD labels shall be used in sequence and reported to the Mobile Home and Recreational Vehicle Construction Central Office, Neil Kirkman Building, Tallahassee, Florida, on monthly forms; HSMV 81304, Manufacturer’s Monthly Standards Code Seal Report For Duplex Mobile Homes, revised 10/86; and NCSBCS-302, HUD Manufactured Home Monthly Production Report, revised 12/95, as incorporated by reference. The above forms may be obtained without cost by contacting the Bureau of Mobile Home and Recreational Vehicle Construction, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, MS #66, Tallahassee, Florida 32399-0640. When the required appropriate form has not been returned to the Central Office by the 10th of the following month, showing the inventory and reporting the requested information on seal or label assignments, no Florida seals or HUD labels will be issued.

(2) It will be the responsibility of the mobile/manufactured home manufacturer to affix the appropriate seal or label to all new units, prior to the unit being shipped from the factory location.

(3) It will be the responsibility of the mobile/manufactured home dealer to verify that the label is affixed on all new mobile/manufactured homes prior to offering the units for sale to the public.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.8255, 320.8256, 320.827 FS. History–New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.02, Amended 1-1-90, 12-10-92, 4-8-99.

Fla. Admin. Code R. 15C-2.003 Fees for Mobile/Manufactured Home Code Seals, Labels and Inspections

(1) MOBILE HOME DUPLEX SEAL.

A fee of twenty dollars ($20.00) shall be paid to the Division of Motorist Services for each duplex mobile home seal issued to any mobile home manufacturer.

(2) REPLACEMENT SEAL.

A fee of ten dollars ($10.00) shall be paid to the Division of Motorist Services for each replacement seal issued to any duplex mobile home manufacturer licensed by the Division of Motorist Services. In order to obtain a replacement seal for a new duplex mobile home, proof of original assignment of a Florida seal (HSMV 81304) along with a written statement stating that the replacement seal will be affixed only to the unit described on the proof submitted shall be submitted to the Division of Motorist Services with the seal application and remittance. A replacement seal can be ordered only by the manufacturer that purchased the original seal.

NO REFUNDS WILL BE ISSUED FOR LOST OR DAMAGED FLORIDA SEALS, ONLY REPLACEMENTS AS OUTLINED ABOVE.

(3) HUD LABELED MANUFACTURED HOMES.

A fee of thirty-two dollars ($32.00) shall be paid to the Division of Motorist Services for each HUD label issued to any approved mobile home manufacturer as provided in Sections 320.822 ‒ 320.90, F.S. This fee will be in addition to any other fee required by HUD.

(4) HOURLY CHARGE FOR SERVICES OF INSPECTOR AND ENGINEER ON MOBILE/MANUFACTURED HOMES DURING SPECIAL INSPECTIONS.

(a) Manufacturers or dealers shall be charged thirty dollars ($30.00) per hour, plus mileage (state mileage rate), for special inspections made by an authorized inspector.

(b) Manufacturers or dealers shall be charged forty-five dollars ($45.00) per hour for the service of each DMV (Bureau of Mobile Home and Recreational Vehicle Construction) engineer or individual assigned to carry out engineering duties.

(c) Manufacturers or dealers shall be charged thirty dollars ($30.00) per hour for reinspections of red tagged mobile/manufactured homes if the violations or deviations have not been properly corrected and require more than one (1) reinspection.

(d) There shall be a minimum charge of two (2) hours for each such inspection or investigation. The time shall be accrued from the time the employee leaves his office or official headquarters until the time he returns to his office or headquarters. Travel expenses to and from the employee’s official headquarters shall also be paid by the mobile/manufactured home manufacturer or mobile/manufactured home dealer.

(5) GUIDELINES FOR HOURLY RATE INSPECTIONS ON MOBILE/MANUFACTURED HOMES MANUFACTURERS AND DEALERS.

(a) When notice of non-compliance is written during plant inspection and repairs or corrections are not completed during normal time period of inspection, the unit will be red tagged and the hourly charge will become applicable, unless red tag is removed during the next normal inspection time or first reinspection.

(b) An hourly charge shall be assessed when the manufacturer’s quality control is not functioning and continuous violations or defects occur in the production of mobile/manufactured homes in the manufacturing plant. Bureau personnel shall request an evaluation of the manufacturing plant and its personnel to determine if frequency of inspection should be increased, number of inspectors assigned to plant increased, plant approval cancelled or plant certification updated.

(6) FEES.

The Florida seal, HUD label, and hourly rate charges are based on the cost of inspection and administration; therefore, fees shall be adjusted annually September 1st, based upon cost analysis of program budgeting, pursuant to Sections 320.8255 and 320.8256, F.S.

(7) RETURNED SEALS OR LABELS.

Upon notification that a manufacturer has permanently closed, the license shall be surrendered to the Division of Motorist Services for cancellation accompanied by all the required reports. Upon written request a refund will be granted on all unused seals or labels that are returned by the original purchaser.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.8255, 320.8256, 320.827 FS. History–New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.03, Amended 1-1-90, 12-10-92, 5-19-94, 4-8-99.

Fla. Admin. Code R. 15C-2.004 New Duplex Mobile Homes

(1) Duplex mobile homes produced for sale in Florida must be inspected at the manufacturing plant. Duplex mobile homes shall not be shipped from the manufacturing plant location until an appropriate Florida Code Seal has been affixed by the manufacturer, and seal validated by a Florida Mobile Home and Recreational Vehicle Inspector. The validation sticker may be affixed, if the duplex mobile home has reached a terminal point in the assembly line, and the Florida Code Seal has been affixed.

(2) Manufacturer’s Certification. In order to assure that duplex mobile homes are built in accordance with the appropriate standard, the following information shall be submitted.

(a) Duplex mobile home manufacturers shall notify the Mobile Home and Recreational Vehicle Construction Engineering Office, Neil Kirkman Building, Tallahassee, Florida, in writing, upon receipt of an order for the construction of a duplex mobile home.

(b) The following items must be submitted by the manufacturer to the Bureau of Mobile Home and Recreational Vehicle Construction, Neil Kirkman Building, Tallahassee, Florida, prior to the mobile home manufacturer beginning construction of the duplex mobile home.

1. Detailed working set of certified plans and specifications.

2. Manufacturer’s procedure manual.

3. The original letter of certification bearing the engineer’s seal and signature, and listing the mobile home models or systems certified, with details on all construction options.

4. Date to be manufactured.

5. Dealer’s name and address.

6. Duplex mobile home identification number.

7. Approximate date of shipment to the dealer.

8. Setup and Homeowner’s Manual(s).

(c) If the duplex mobile home is constructed in a plant that has current HUD approval and a Florida mobile home manufacturing license/bond, the following shall be submitted:

1. Certified floor plans for separate utility systems for each living unit.

2. 1-hour-fire-rated wall separating the living units.

3. Items number 3. through 8. listed in paragraph 15C-2.004(2)(b), F.A.C.

(d) A copy of the certified plans, specifications, procedure manual, and letter of certification shall be kept on file by the manufacturer at each plant location. No Standards Code Seals will be issued to any mobile home duplex manufacturer until plans, specifications, procedure manual, and letter of certification have been reviewed by the Division of Motorist Services. Plans, specifications, procedure manual, and letter of certification must be submitted in a format acceptable to the Division of Motorist Services.

(3) A data sheet shall be permanently affixed (glued) in the back bedroom closet of the duplex mobile home. The data sheet shall include the manufacturer’s name and address, heat loss/gain or BTU Rating, and structural zone map of USA.

History

• Rulemaking Authority 320.011, 320.824(1) FS. Law Implemented 320.823, 320.8255, 320.827 FS. History–New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.04, Amended 1-1-90, 9-24-90, 12-10-92.

Fla. Admin. Code R. 15C-2.0041 Van Conversions

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.822(2), 320.8256, 320.827, 320.8225 FS. History–New 12-10-92, 4-8-99, Repealed 8-5-12.

Fla. Admin. Code R. 15C-2.005 Red Tagging of New Mobile/Manufactured Homes

(1) Units being offered for sale by a manufacturer or dealer not currently licensed to do business in the State may be red tagged. All units not complying with the appropriate codes as defined in Section 320.822(2), F.S., or not having an appropriate seal or label shall be red tagged. Units which have been red tagged or have had a notice of violation written listing deviations, code problems, etc., shall not be sold or offered for sale until corrections have been made and reinspection completed by a Florida Mobile Home and Recreational Vehicle Inspector. A unit cited with a notice of violation or red tag can only be released by a Florida Mobile Home and Recreational Vehicle Inspector.

(2) All units with deviations, code problems, etc., written up on a notice of violation or red tagged shall not be removed from the manufacturer’s premises, dealer lot location, storage lot or location where unit is tagged or notice of violation written, without prior approval from the Division of Motorist Services (Bureau of Mobile Home and Recreational Vehicle Construction). The criterion for division approval shall be that all deviations which were the basis for the notice of violation or red tag have been removed. This department must be given a minimum of three (3) days notice when the deviations have been corrected so that reinspection of these units can be scheduled.

(3) New duplex mobile homes found with deviations during plant or dealer lot inspections will not have a validation sticker affixed. In the event a unit is found with a validated seal and deviations, the validation sticker shall be invalid. These units will be red tagged with notice of violations written and shall not be sold or offered for sale until deviations have been corrected. UNITS WITH UNVALIDATED SEALS SHALL NOT BE OFFERED FOR SALE, SOLD OR MOVED FROM THE PREMISES.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.827, 320.8255, 320.8256 FS. History–New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.05, Amended 1-1-90, 12-10-92, 4-8-99.

Fla. Admin. Code R. 15C-2.006 Manufacturer’s Certification for Duplex Mobile Homes in Accordance with ANSI Standards

History

• Rulemaking Authority 320.011, 320.824 FS. Law Implemented 320.827, 320.828 FS. History–New 1-25-75, Amended 2-25-76, 9-11-78, Formerly 15C-2.06, Repealed 1-1-90.

Fla. Admin. Code R. 15C-2.007 Manufacturer’s Certificate for Duplex Mobile Homes in Accordance with ANSI Standards

History

• Rulemaking Authority 320.011, 320.824 FS. Law Implemented 320.8235, 320.8325 FS. History–New 1-25-75, Amended 9-11-78, Formerly 15C-2.07, Repealed 1-1-90.

Fla. Admin. Code R. 15C-2.0071 Duplex Mobile Home and Park Trailer Setup

Manufacturer shall furnish complete printed setup, blocking and anchoring instructions with each unit based on the design of the unit being sold or offered for sale in Florida.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.8231, 320.8255, 320.8256 FS. History–New 1-1-90, Amended 4-8-99.

Fla. Admin. Code R. 15C-2.0072 Setup Operation by Licensed Dealers, Manufacturers and Installers

(1) Mobile/manufactured home dealers, manufacturers and installers licensed by the department are authorized to acquire local building permits and may subcontract with licensed installers and/or licensed subcontractors to perform any portion of the installation which renders the home fit for habitation. Mobile/manufactured home dealers, manufacturers and installers, who have met the requirements of Section 320.8249, F.S., may perform setup operations as prescribed in Section 320.822(14), F.S. Florida licensed manufacturers and dealers are not required to acquire local building permits to perform warranty service.

(2) Prior to a mobile/manufactured home or park trailer being moved to the site for setup, the installer, dealer or manufacturer shall assure that the necessary permits have been obtained from the local building department and that the state installation decal required by Section 320.8249(14), F.S., is affixed to the mobile/manufactured home.

(3) Setup operation of new mobile/manufactured homes and park trailers shall be performed in compliance with the installation instructions which are required to be provided by the manufacturer with each mobile/manufactured home and park trailer. Installation standards for used mobile/manufactured homes and park trailers shall be in compliance with the manufacturer’s installation instructions if available. If not available, used mobile/manufactured homes and park trailers shall comply with the provisions of Rule 15C-1.010, F.A.C.

(4) Utility connections of a mobile/manufactured home or park trailer by the licensed installer, dealer or manufacturer shall include the following:

(a) The connection of electrical conductors between expandable or multi-wide units but not the main power source.

(b) Sewer connection drainage shall include the connecting of all drainage dropouts underneath the mobile/manufactured home or park trailer to an existing sewer tap or septic tank.

(c) Potable water connection shall include the connecting from the potable water connection on the mobile/manufactured home or park trailer to an existing water meter, water tap or other independent water supply system.

(5) All work performed at the setup site shall be inspected by the local building official, including setup operation performed by a licensed dealer, manufacturer or installer. A Certificate of Occupancy shall be issued by the local building department only after ascertaining that all work performed is in compliance with this rule and applicable codes. Violations by Florida licensed dealers, manufacturers and installers shall be reported in writing to the Division of Motorist Services. Violations shall be investigated and appropriate action taken by the department.

(6) Structural additions, including, but not limited to add-a-rooms, roof-overs, porches and carports, when attached to an existing unit shall have provisions for piers or be blocked or otherwise supported under the existing unit so that all loads are transferred directly to the ground. This requirement shall not apply if the added structure is free standing and self-supporting with only the flashing attached or if the added unit is being designed to be married to the existing unit. All additions shall be constructed in compliance with State and locally adopted building codes.

(7) Only those dealers, manufacturers and installers licensed under the provisions of this rule shall inspect blocking and tie downs on existing occupied or previously installed mobile/manufactured homes. Any changes in blocking or tie downs shall be under the guidelines specified in this rule.

History

• Rulemaking Authority 320.011, 320.8249 FS. Law Implemented 320.822(14), 320.77, 320.8285, 320.8325 FS. History–New 5-13-93, Amended 4-8-99.

Fla. Admin. Code R. 15C-2.0073 Installer Licensing Procedures and Requirements

(1) Installers License Required.

No person may perform manufactured/mobile home installation unless licensed by the department pursuant to Section 320.8249, F.S., regardless of whether that person holds a local installer’s license or any other local or state license.

(2) Requirements and Procedures to Obtain and Maintain a Manufactured/Mobile Home Installer License.

(a) Any person who wishes to obtain a manufactured/mobile home installer’s license must comply with the requirements of Section 320.8249, F.S.

(b) A general liability insurance policy for $100,000 and performance bond for $5,000 are required for licensing pursuant to Section 320.8249(3), F.S., and must be maintained in full force during the licensing period.

(c) An installer’s license shall not be transferable.

(d) License cancellation, revocation and reinstatement.

1. Cancellation by operation of law, failure to renew.

Any installer who has failed to submit a renewal application by October 1 shall pay a renewal application fee equal to the original application fee. Application fees are not refundable.

2. Cancellation due to failure to maintain required performance bond and/or liability insurance.

If a licensed installer fails to maintain in effect the required performance bond and/or liability insurance, the license shall be revoked by the department. The license shall be reinstated by the department if certificates of insurance are submitted within 10 days of revocation provided the performance bond and/or liability insurance has been secured for the full term of the license period.

3. Revocation due to disciplinary penalty.

An installer whose license has been revoked due to disciplinary penalty may apply to the department for license reinstatement. In making the determination whether or not a revoked license will be reinstated, the department shall consider whether such installer has corrected the conditions that led to the revocation action and that such installer is capable of competently engaging in the business of mobile/manufactured home installation.

(3) Scope of Work.

(a) A licensed installer is authorized by this rule to perform all of the setup operations necessary to make a mobile/manufactured home habitable. These operations as defined in Section 320.822(14), F.S., include, but are not limited to, transporting, positioning, blocking, leveling, supporting, tying down, connecting utility systems, making minor adjustments or assembling multiple or expandable units.

(4) Direct Employees of a Licensed Installer.

A direct employee of a licensed installer working under the supervision of the licensee and within the job scope of the licensee is not required to be licensed as a mobile/manufactured home installer. The licensed installer is responsible for supervising all such employees and for the proper and competent performance of all employees working under their supervision.

(5) Employees of a Licensed Mobile/Manufactured Home Dealer or Manufacturer.

(a) An employee of record for the dealer installer or manufacturer installer is not required to be licensed as a mobile/ manufactured home installer. The dealer installer or manufacturer installer is responsible for supervising all such employees and for the proper and competent performance of all employees working under his or her supervision.

(b) Licensed mobile/manufactured home dealers and manufacturers who perform installations must submit a copy of the certificate for their employee of record who attended the 8-hour installation training course provided by this department.

(c) “Employee of record” shall mean an employee reported on the manufacturer’s or dealer’s federal Tax Form 941.

(6) Installation Warranty.

Each installer who installs a mobile/manufactured home shall warrant the installation and weather sealing, including sealing the bottom board of the home to prevent air infiltration of the home for a period of twelve (12) months beginning on the date of installation.

(7) Installation Decals.

Beginning October 1, 1996, all mobile/manufactured homes installed in Florida must bear an installation decal issued by the department. Persons authorized to perform mobile/manufactured home installations shall purchase installation decals from the bureau, subject to the following:

(a) Installation decals may be purchased by submitting a request on form Mobile Home Installation Decal Order Form, HSMV-81404 (effective 7/97) incorporated by reference, to:

Bureau of Mobile Home and Recreational Vehicle Construction

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway – MS #66

Tallahassee, FL 32399-0640

(850)413-7600 or Fax (850)488-7053

(b) The installation decals shall be purchased for a fee of ten ($10.00) dollars for each installation decal, the fee shall be paid to the Division of Motorist Services.

(c) Upon written request, a refund will be granted on all unused decals returned to the bureau by the original purchaser, but there shall be no refund for decals that are reported lost or damaged.

(d) One decal must be placed on each home prior to installation.

(e) The decal shall be affixed adjacent to the HUD label on the mobile/manufactured home. If the mobile/manufactured home is a pre-HUD home, or if the HUD seal has been removed or concealed, the installation decal shall be affixed to the lower left corner at the taillight end of the mobile/manufactured home.

(8) Minimum Permitting Requirements.

A building permit issued by the local building authority must be obtained prior to the installation of any new or used mobile/manufactured home. The building permit application shall include, but not limited to a scale drawing of all pier block locations and foundation or footer dimensions and the soil load bearing capacity at the installation site. The soil load bearing capacity can be determined by a penetrometer test performed by a licensed installer, a general soil load bearing capacity declaration by a local building official or a test performed by a geotechnical testing company. When the soil load bearing capacity is not known, pier placement shall be based on a soil load bearing capacity of 1,000 psf. (See example of pocket penetrometer test.)

History

• Rulemaking Authority 320.8249, 320.011 FS. Law Implemented 320.8249 FS. History–New 4-8-99.

Fla. Admin. Code R. 15C-2.008 Used Park Trailer and Recreational Vehicle Inspections and Standards

History

• Rulemaking Authority 320.011, 320.824(1) FS. Law Implemented 320.8232, 320.8256, 320.827, 320.845 FS. History–New 2-25-76, Amended 9-11-78, Formerly 15C-2.08, Amended 1-1-90, 9-24-90, 12-10-92, Repealed 4-8-99.

Fla. Admin. Code R. 15C-2.0081 Mobile/Manufactured Home Repair and Remodeling Code

These guidelines shall be used to assure safe and livable housing and shall not be more stringent than the standard to which the home was originally constructed.

(1) Structure.

(a) Additions, including, but not limited to add-a-rooms, roof-overs and porches shall be free standing and self-supporting with only the flashing attached to the main unit unless the added unit has been designed to be married to the existing unit. All additions shall be constructed in compliance with State and locally adopted building codes.

(b) Anchoring of additions shall be in compliance with requirements for similar type construction.

(c) Repair or remodeling of a mobile/manufactured home shall require the use of material and design equivalent to the original construction. Structure shall include, but not be limited to, roof system, walls, floor system, windows and exterior doors of the mobile/manufactured home.

(2) Electrical repair and replacements shall require the use of material and design equivalent to the original construction.

(3) Plumbing repairs and replacements shall require the use of material and design equivalent to the original construction.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.8232, 320.8245, 320.8285 FS. History–New 1-1-90, Amended 12-10-92, 4-8-99.

Fla. Admin. Code R. 15C-2.009 General

History

• Rulemaking Authority 320.011, 320.822, 320.824 FS. Law Implemented 320.822, 320.823, 320.824 FS. History–New 1-25-75, Amended 9-11-78, Formerly 15C-2.09, Repealed 8-5-12.

Fla. Admin. Code R. 15C-2.010 Forms

History

• Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)(b) FS. History–New 9-11-78, Formerly 15C-2.10, Amended 12-10-92, Repealed 8-5-12.

Fla. Admin. Code R. 15C-2.011 Wheels, Axles and Drawbar

(1) Definitions.

(a) “Dealer” means a mobile home dealer as defined in Sections 320.77(1)(a) and 320.822(8), F.S.

(b) “Manufacturer” means a manufacturer of mobile/manufactured homes as defined in Section 320.822(9), F.S.

(c) “Mobile Home” means those dwelling units as defined in Section 320.01(2)(a), F.S.

(d) “Manufactured Home” means those dwelling units as defined in Section 320.01(2)(b), F.S.

(e) “Running Gear Assembly” means a mobile/manufactured home chassis subsystem consisting of suspension springs, drawbar, axles, bearings, wheels, hubs, tires, and brakes, with their related hardware.

(2)(a) Pursuant to Subpart J of the Manufactured Home Construction and Safety Standards, as developed by the United States Department of Housing and Urban Development, Sections 3280.901 ‒ 3280.904, F.S., an integral part of a mobile home or manufactured home includes a complete running gear assembly.

(b) In order to clarify whether the assembly is included in the sale, no dealer or manufacturer shall sell or deliver a mobile/manufactured home to a retail purchaser without disclosing whether the running gear assembly is included in the transaction. The disclosure must be in written form, such as the following:

The sale of this mobile/manufactured home, ___ (VIN Number), ___ (Year & Make), includes/excludes (strike one) the running gear assembly (suspension springs, axles, bearings, wheels, hubs, tires, brakes).

---

Dealer/Manufacturer Purchaser

---

Dated Dated

(c) The absence of a written disclosure or the failure to strike the inapplicable word (include/exclude) will be interpreted as meaning the running gear assembly was to be included in the sale. No oral agreements, whether witnessed or not, will be acceptable.

(d) A copy of the disclosure shall be maintained by the dealer or manufacturer as part of the sale records and will be subject to periodic inspection by the Department.

(3) The failure to maintain a disclosure statement or to comply with the requirements of this rule will result in disciplinary action against the dealer or manufacturer pursuant to Chapter 320, F.S.

History

• Rulemaking Authority 320.011, 320.824(1) FS. Law Implemented 320.823, 320.822(3) FS. History–New 3-19-84, Formerly 15C-2.11, Amended 12-10-92.

Chapter 15C-4 PRIVATE RECREATIONAL VEHICLE INSPECTIONS

Fla. Admin. Code R. 15C-4.001 Recreational Vehicle Inspection

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256 FS. History–New 11-5-80, Formerly 15C-4.01, Amended 1-13-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.002 Minimum Requirements for Approval to Conduct Private and Dealer Inspections

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256 FS. History–New 11-5-80, Formerly 15C-4.02, Amended 1-13-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.004 Certification

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256 FS. History–New 11-5-80, Formerly 15C-4.04, Amended 1-13-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.005 Duties and Responsibilities

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256 FS. History–New 11-5-80, Formerly 15C-4.05, Amended 1-13-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.006 Monitoring

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256, 320.824(2), 320.8231, 320.8232 FS. History–New 11-5-80, Amended 2-8-81, Formerly 15C-4.06, Amended 1-13-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.007 Code Provisions

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256, 320.8231, 320.8232, 320.824(1) FS. History–New 11-5-80, Amended 2-8-81, Formerly 15C-4.07, Amended 1-13-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.008 General

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 320.8256 FS. History–New 11-5-80, Formerly 15C-4.08, Repealed 4-13-10.

Fla. Admin. Code R. 15C-4.009 Forms

History

• Rulemaking Authority 320.8256(1) FS. Law Implemented 120.53(1)(b), 320.8256 FS. History–New 11-5-80, Formerly 15C-4.09, Amended 1-13-92, Repealed 4-13-10.

Chapter 15C-5 MOTOR VEHICLE INSPECTION

Fla. Admin. Code R. 15C-5.001 Type Inspection Station

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.20, 325.21, 325.27 FS. History–New 5-7-81, Formerly 15C-5.01, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.002 Procedure for Appointment as an Inspection Station

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.20, 325.26 FS. History–New 5-7-81, Formerly 15C-5.02, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.003 Minimum Requirements for Official Vehicle Inspection Station; (Public)

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.20 FS. History–New 5-7-81, Formerly 15C-5.03, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.004 Equipment Required for Official Inspection Station

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.20 (1)(d), 325.26 FS. History–Revised 1-19-73, 1-19-74, Amended 12-14-75, Formerly 15-7.05, Amended 5-7-81, Formerly 15C-5.04, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.005 Approved Testing Devices

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.20(1)(d) FS. History–Revised 1-19-73, 1-19-74, Amended 12-14-75, Formerly 15-7.05, Formerly 15C-5.05, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.006 Responsibility of Station Owner or Operator

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.16, 325.19, 325.20, 325.21, 325.22, 325.23, 325.25, 325.27 FS. History–New 5-7-81, Formerly 15C-5.06, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.007 Approval of Certified Inspectors

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.20, 325.22, 325.23, 325.26 FS. History–New 5-7-81, Formerly 15C-5.07, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.008 Duties and Responsibilities of Authorized Inspectors

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.16, 325.19, 325.20 FS. History–Formerly 15-7.04, New 5-16-68, Revised 5-9-70, 1-19-73, Amended 12-14-74, Formerly 15-7.08, Formerly 15C-5.08, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.009 Period of Inspection

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.12, 325.13, 325.15, 325.16 FS. History–New 5-7-81, Formerly 15C-5.09, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.010 Inspection Certificates

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.23 FS. History–New 5-7-81, Formerly 15C-5.10, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.011 Delinquent Fees

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.13, 325.24 FS. History–New 5-7-81, Formerly 15C-5.11, Repealed 4-13-10.

Fla. Admin. Code R. 15C-5.012 Replacement Certificates

History

• Rulemaking Authority 325.26 FS. Law Implemented 325.23 FS. History–New 1-19-73, Repromulgated 12-14-74, Formerly 15-7.12, Formerly 15C-5.12, Repealed 4-13-10.

Chapter 15C-6 MOTOR VEHICLE EMISSIONS INSPECTION

Fla. Admin. Code R. 15C-6.001 Motor Vehicle Emissions Reinspection Facilities and Self-Inspectors

History

• Rulemaking Authority 325.219 FS. Law Implemented 325.212, 325.213 FS. History–New 9-18-90, Amended 2-11-92, 11-10-92, 10-2-95, 11-17-98, Repealed 4-13-10.

Fla. Admin. Code R. 15C-6.002 Exemptions and Waivers from the Requirements for Annual Emissions Inspections

History

• Rulemaking Authority 320.011, 325.219 FS. Law Implemented 320.02(10), 325.203, 325.209 FS. History–New 6-21-90, Amended 2-11-92, 11-10-92, 10-2-95, 11-17-98, Repealed 4-13-10.

Fla. Admin. Code R. 15C-6.003 Emissions Inspection Fee for Annual Emissions Inspections

History

• Rulemaking Authority 325.219 FS. Law Implemented 325.214 FS. History–New 9-18-90, Repealed 4-13-10.

Fla. Admin. Code R. 15C-6.005 Bureau of Emissions Control Forms

History

• Rulemaking Authority 325.219 FS. Law Implemented 325.214 FS. History–New 2-11-92, Repealed 4-13-10.

Fla. Admin. Code R. 15C-6.007 Motor Vehicle Safety Equipment Inspection Standards

History

• Rulemaking Authority 325.205(3), 325.219 FS. Law Implemented 325.205 FS. History–New 8-2-89, Formerly 15C-7.001, Amended 8-4-92, Repealed 4-13-10.

Chapter 15C-7 MOTOR VEHICLE DEALERS

Fla. Admin. Code R. 15C-7.001 Motor VehicleSafety Inspection Standards

History

• Rulemaking Authority 325.205(3), 325.219 FS. Law Implemented 325.205 FS. History–New 8-2-89, Transferred to 15C-6.007.

Fla. Admin. Code R. 15C-7.002 Motor Vehicle, Mobile Home and Recreational Vehicle Dealers’ Records; Maintenance Requirements; Accessibility; Retention; Penalties

(1) Purpose and Scope. This rule prescribes and defines the elements of motor vehicle, mobile home, and recreational vehicle dealer records and the standards for maintenance, accessibility and retention of required records.

(2) Definitions. The words or terms as used in this rule, shall have the following meanings:

(a) “Dealer” includes any person, any franchised, independent or wholesale motor vehicle dealer as defined in Section 320.27(1), F.S., or any mobile home dealer or recreational vehicle dealer as defined in Section 320.77(1), F.S.

(b) “Records” means the compilation of all written documents containing prescribed data relating to the acquisition and disposition of vehicles, the status of certificates of title, and the purchase and sale of temporary tags. Data may be maintained by means of electronic storage but the source documents shall constitute the records for purposes of this rule.

(c) “Acquire or acquisition” means the purchase, exchange, gift or reassignment of a vehicle by which ownership passes to a dealer.

(d) “Dispose or disposition” means the sale, exchange, gift or reassignment of a vehicle by which a dealer relinquishes ownership.

(e) “Vehicle” means a motor vehicle, mobile home, or recreational vehicle, as the context of the applicable rule requires.

(3) Each dealer shall establish and maintain a written record of each vehicle acquired by and disposed of by him.

(4) Each dealer shall establish and maintain a written copy of each odometer disclosure statement received when a vehicle is acquired and each odometer disclosure statement issued by him upon disposing of each vehicle, as required by Title IV of the Motor Vehicle Information and Cost Savings Act of 1972 (Pub. L. 92-513, as amended by Pub. L. 94-364 and Pub. L. 100-561) and by Part 580, Title 49, Code of Federal Regulations.

(5) Each dealer shall have either made application for a certificate of title or a duplicate certificate of title as required in Chapter 319, F.S., or shall have in his possession one of the following indicia of ownership or proof of right of possession for each vehicle from the time he acquires each vehicle until the time he disposes of each vehicle:

(a) a duly assigned certificate of title;

(b) In the case of a new vehicle, a Manufacturer’s Statement of Origin is issued to or reassigned to the dealer;

(c) A consignment contract between the owner and the dealer along with a power of attorney from the owner to the dealer authorizing the dealer to apply for duplicate certificate of title and assign the title on behalf of the owner;

(d) A certificate of right of possession issued pursuant to Section 319.36, F.S.;

(e) A court order awarding title of the vehicle to the dealer;

(f) A salvage certificate of title;

(g) A photocopy of a duly assigned certificate of title being held by a financial institution as collateral for a business loan of money to the dealer (“floor plan”); or

(h) A cancelled check or other documentation evidencing that an outstanding lien on a vehicle taken in trade by a licensed dealer has been satisfied and that the certificate of title will be but has not yet been received by the dealer.

(6) Except as otherwise noted below, the record on each vehicle shall contain the following data elements:

(a) Vehicle identification number or motor number;

(b) Date acquired;

(c) Method of acquisition;

(d) Name and address of seller;

(e) Manufacturer;

(f) Year;

(g) Model;

(h) Odometer disclosure statement upon acquisition (not applicable to mobile homes);

(i) Previous jurisdiction of title;

(j) Title number;

(k) Indication if vehicle is rebuilt;

(l) Documentation on changed, altered, or defaced VIN or motor number;

(m) Temporary tag numbers;

(n) Temporary tag issue dates;

(o) Name and address of purchaser;

(p) Date of issue of recreational vehicle seals;

(q) Identification of vehicle that is issued a recreational vehicle seal;

(r) Recreational vehicle seal numbers;

(s) Date of disposition of vehicle;

(t) Method of disposition;

(u) Odometer disclosure statement upon disposition (not applicable to mobile homes);

(v) Date of application for title transfer.

(7) Records may be formatted in any fashion consistent with the requirements of this rule. The records of vehicle acquisition and disposition shall be ordered or arranged in such a manner as to permit access and location by two or more of the following: vehicle identification number (VIN), stock number as assigned by dealer, buyer’s name, date of sale.

(8) Manual or electronic data relating to a specific vehicle shall be posted to the records of the dealer on a timely basis.

(9) Dealers shall maintain records of temporary tags purchased and issued. The record shall be arranged by a listing in numerical order of each tag purchased and sold. The record shall contain the tag number, the date purchased, the name of the party from whom purchased, the date sold, the name of the party to whom it was sold, the vehicle identification number of the vehicle for which it was issued, the issue date and the expiration date.

(10) Under Section 320.27(9) or 320.77(5) and (12), F.S., as applicable, the Department is authorized to deny, suspend or revoke a dealer license for failure of any dealer to maintain records in compliance with this rule, or failure of any dealer to provide to the Department reasonable access to records maintained by the dealer, or failure of any dealer to render to the Department any requested assistance in accessing, searching, locating or translating any record.

History

• Rulemaking Authority 319.17, 320.11 FS. Law Implemented 319.21(1), 320.131, 320.27(9), 320.77(5), (12) FS. History–New 9-24-90.

Fla. Admin. Code R. 15C-7.003 Application for License; Requirements for Office, Display Space and Operation; Denial, Suspension or Revocation; Implementation

(1) Purpose and Scope. The purpose of this rule is to provide requirements for completion of the application for a motor vehicle dealer’s license, to provide requirements for the place of business, including offices and display spaces of motor vehicle dealers, and to provide requirements for the operation of a motor vehicle dealership.

(2) Definitions.

(a) The words or phrases: Department, person, franchised motor vehicle dealer, independent motor vehicle dealer, wholesale motor vehicle dealer, motor vehicle auction, motor vehicle dealer and motor vehicle broker as used in this rule shall have the meanings ascribed to them in Section 320.27(1), F.S.

(b) The words or phrases as used in this rule shall have the following meanings:

1. Applicant – The business on behalf of whom a natural person signs an application for a motor vehicle dealer’s license in the space designated for the applicant’s signature.

2. Barrier – Any permanent structure that separates or marks a boundary.

3. Corporate Officer – The president, vice president, secretary, treasurer, or director of any organization incorporated under the laws of Florida or any other state.

4. Display Space – The unoccupied land, or space within a building, at a place of business, on or within which a motor vehicle dealer displays motor vehicles for sale.

5. Rental or Lease Agreement – A written contract with specific terms and fees between a motor vehicle dealer and a property owner which conveys to the motor vehicle dealer rights to occupy specified property.

6. Office – A structure of a permanent nature where the business of dealing in motor vehicles can be conducted.

7. Residence – A structure where a person or persons are domiciled or actually live. The definition also shall include, but not be limited to, structures such as tool sheds, storage sheds or free standing or attached garages located on the same property as the residence or located within a common enclosure or boundary which surrounds the residence.

8. True Copy – A complete and accurate photographic copy of a document which reflects all characters, marks and signatures contained in the original.

(3) Applications for Motor Vehicle Dealer’s License.

(a) All applications for motor vehicle dealer licenses shall be on the form HSMV 84011, Application for a License as a Motor Vehicle, Mobile Home, or Recreational Vehicle Dealer (Rev. 6/88), hereby adopted by reference.

(b) All applications shall be complete in all details and shall be signed by the applicant.

(c) All applications shall have attached all documentation and endorsements necessary to substantiate the applicant’s compliance with the requirements of Section 320.27(3), F.S., and this rule. Such documentation or endorsements shall include:

1. Proof that the applicant owns the place of business and the date it was acquired, or, in the case of lease or rental, a true copy of the written rental or lease agreement signed by the property owner and the applicant.

2. Designation of the name under which the dealership will operate.

3. If the dealership is to operate in a corporate capacity, a true copy of the corporate charter, minutes of the corporation’s meeting at which the corporate officers were designated, and a certificate of good standing from the state in which the business is incorporated.

4. If the business is to operate as a partnership, a true copy of any partnership agreement.

5. A surety bond or an irrevocable letter of credit prescribed by Section 320.27(10), F.S., in the amount of $25,000. An irrevocable letter of credit must be issued by a bank authorized to do business in this state. A surety bond for a franchised motor vehicle dealer shall be submitted on form HSMV 84702 Bond-Franchise Motor Vehicle Dealer (Rev. 9/86), hereby adopted by reference. Independent and wholesale motor vehicle dealer and motor vehicle auction surety bonds shall be submitted on form HSMV 84713 Bond-Independent Motor Vehicle Dealer (Rev.9/86), hereby adopted by reference. An irrevocable letter of credit for a franchised motor vehicle dealer shall be submitted on form HSMV 84253 Franchise Motor Vehicle Dealer Irrevocable Letter of Credit (Rev. 9/86), hereby adopted by reference. An irrevocable letter of credit for an independent or wholesale motor vehicle dealer or motor vehicle auction shall be submitted on form HSMV 84252 Independent Motor Vehicle Dealer Irrevocable Letter of Credit (Rev. 9/86), hereby adopted by reference.

6. A statement completed and signed on form HSMV 84254 Garage Liability Statement (Rev. 8/89), hereby adopted by reference, that garage liability insurance of the type and in the amounts prescribed in Section 320.27(3), F.S., has been obtained, including the name and address of the insurance company and the policy number.

7. A declaration as to whether or not the applicant, any partner or any corporate officer or director has been found guilty of any felony or offense in any jurisdiction which would be a felony if committed in Florida, or has been found guilty of a violation of any motor vehicle law in any jurisdiction (other than traffic laws) and a complete certified copy of the court records pertaining to any such conviction.

8. If applicant is to act as a franchised motor vehicle dealer, the requirements of Rule 15C-1.008, F.A.C., must be met.

9. Verification that the applicant or one or more of his employees has attended and completed a training program for motor vehicle dealer license applicants within the six months preceding filing of an initial application as prescribed by Section 320.27(4), F.S.

10. Two positive print photographs of the proposed licensed place of business. The photographs shall be a minimum of 3'' × 4'' in size. One photograph shall depict the exterior of the dealership from a distance to clearly show two (2) sides of the building, one side of which shall be the public entrance into the dealership. The second photograph shall show the remaining sides of the building which will house the dealership. At least one of the photographs must reflect the area to be used for display of vehicles/units offered for sale, if display space is required.

(4) Requirements for Office Space.

(a) Each licensed motor vehicle dealer shall maintain an office as part of his place of business. The offices of motor vehicle dealers shall conform to the following standards:

1. No office shall be operated from or maintained in any residence.

2. The office must be in a permanent structure at the licensed location. In the case of an office trailer, the office must be anchored or tied down as required by Rule 15C-1.010, F.A.C.

3. Each office shall have a minimum of 100 square feet of interior floor space exclusive of any hallways, closets or restrooms and a minimum 7' ceiling.

4. The office must be clearly separated from any other business which is being operated in the structure or building which houses the dealership.

(5) Requirements for Display Space.

(a) Each licensed motor vehicle dealer shall maintain a display space as part of his place of business.

(b) Such display space shall be for the purpose of displaying motor vehicles offered for sale by the motor vehicle dealer and shall conform to the following specifications:

1. The display space of each licensed motor vehicle dealer will be of a sufficient size to store and display all vehicles offered for sale. The display space may be located within a building.

2. Display spaces shall be under the exclusive control of the motor vehicle dealer and shall not include an area or space set aside for customer, employee or general public parking nor shall it include any public right-of-way.

3. Display spaces shall be contiguous to the dealership office or shall be situated so as to allow easy access by dealership customers.

4. Display spaces, whether outside or inside a building, shall have immediate and direct access to a public street or highway or be situated on property, owned or leased by the dealer, to which public access has been granted.

5. Display spaces shall physically be divided from any other motor vehicle dealer’s display space by a permanent barrier no less than three feet in height and erected in such a manner as to clearly distinguish one dealer’s display space from another dealer’s display space.

(6) Requirements for Operation.

(a) Each licensed motor vehicle dealer or his designee shall be available to consumers and the department during regular business hours.

(b) The business of a motor vehicle dealer must be the principal business conducted at the licensed location.

(c) Licenses are not transferable and may not be transferred by any means by the licensee to a second party. Dealerships may be operated by agents or employees of the licensee; however, the licensee shall be responsible for the operation of the dealership.

(d) To insure availability of the licensee, the following standards must be met and maintained by each licensee. Each dealer:

1. Shall post hours of operation in a clear manner at or near the main entrance to the dealership office on a placard, sign or by other durable means.

2. Shall maintain the posted hours of operation.

3. Shall provide the department with all information and telephone numbers necessary to contact the dealer. Information and telephone numbers shall be provided in writing to the Division of Motorist Services Regional Administrator.

4. Shall insure that information and telephone numbers required in the preceding subsection are current and correct.

5. Shall make his dealership records available to inspection by the department during reasonable hours.

6. Shall be familiar with the obligations and responsibilities of a motor vehicle dealer as provided in Chapters 319 and 320, F.S.; shall be knowledgeable of the procedures necessary to assign, transfer or apply for title to a motor vehicle and of the requirements and procedures necessary to transfer or apply for registration of motor vehicles.

7. Shall make every reasonable effort to resolve, in an equitable and expeditious manner, all complaints which have been filed against him.

8. Shall, upon revocation or suspension of his license:

a. Surrender the license to the department;

b. Surrender all dealer registration plates assigned to him to the department;

c. Surrender, for refund, all temporary tags purchased by him; and,

d. Cease operation of the business.

9. Shall notify the department in writing of a permanent closing or cessation of business at the main or any licensed supplemental location.

10. Shall have a permanent sign identifying the dealership at its place of business. Such sign shall clearly identify the dealership and shall use lettering or other graphic representation of sufficient size and color so as to be visible and readable at a distance of 50 yards from the public right-of-way serving the dealership.

11. Shall maintain a location address for the place of business which is assigned by the United States Postal Service.

12. Shall report any change of address to the department and shall receive approval for any new place of business prior to relocating the business.

(7) Prohibitions.

No licensed motor vehicle dealer shall authorize or knowingly permit or allow any person, employee, agent or representative to use the dealer’s license identification number to effect a sale of a motor vehicle, a title transfer, or a registration transaction for the sale of a motor vehicle wherein the purchaser of that motor vehicle was not given notice that the sale, transfer or registration was not made by a licensed motor vehicle dealer.

(8) Under Section 320.27(9), F.S., the department is authorized to deny, suspend or revoke a dealer license for failure to comply with the requirements of this rule.

(9) Standards for Implementation.

(a) This rule shall be fully applicable to all applicants for motor vehicle dealer’s licenses whose applications are received on or after the effective date of this rule.

(b) Persons licensed as motor vehicle dealers on the effective date of this rule shall comply with the requirements for office space and display space not later than the time of application for renewal of license for the third renewal period following the effective date of the rule. The requirements for business operation as prescribed in subsection 15C-7.003(6), F.A.C., shall be applicable to all licensees upon the rule’s effective date.

(10) All forms mentioned in this rule may be obtained free of charge from the Department by contacting any License and Registration Inspector or any Regional Office of the Bureau of Licenses and Enforcement, Division of Motorist Services. Addresses and telephone numbers are available from the bureau, Room 308, 2900 Apalachee Parkway, Tallahassee, Florida 32399.

History

• Rulemaking Authority 319.27, 320.011 FS. Law Implemented 319, 320.27 FS. History–New 9-24-90.

Fla. Admin. Code R. 15C-7.004 Special Requirements for the Licensing of a Franchise Motor Vehicle Dealer

(1) Purpose and Scope. The purpose of this rule is to provide guidelines and standards for the filing of a notice of intent to establish an additional point franchise motor vehicle dealer license and to establish the requirements for filing a preliminary application for a franchise motor vehicle dealer license. The rule addresses the requirement for notifying potentially affected dealers of their rights and provides for the handling and disposition of advanced letters of commitment either protesting or not protesting the establishment of a dealership. The rule further provides time frames within which certain actions must occur, clarifies the conditions for licensing a supplemental location and for the relocation and reopening of existing dealerships. The rule also specifies the manner and time frames for the reporting of minority recruitment efforts.

(2) Definitions.

(a) The words or terms “Department,” “line-make,” “dealer,” and “minority dealer” as used in this rule shall have the meanings ascribed to them in Sections 320.60 ‒ 320.70, F.S.

(b) As used in this rule, the following words or terms shall have the meanings ascribed herein:

1. Applicant – means a business seeking a license as a franchise motor vehicle dealership.

2. Contiguous county – means a county having a point of common boundary with another county. Boundaries of counties which meet at a diagonal across the intersecting lines shall be deemed to be contiguous.

3. Licensee – means a motor vehicle manufacturer, importer or distributor.

4. The terms petition, complaint, notice of protest, and letter of protest are interchangeable.

5. Principal investor – means any person, firm or entity having a ten percent (10%) or more financial interest in a proposed dealership. In the case of a publicly held corporation, principal investor shall mean the individuals or entities who manage the corporation.

6. Specific location – means a sufficiently identified piece of property that can be described by a physical location address assigned by the United States Postal Service or by a legal description, or both. In those instances where an address is unavailable, the legal description shall refer to generally known public streets and highways, including the distance from the nearest major cross street, for example: “North side of U.S. Highway 301, 1.3 miles east of intersection with State Road 60.”

(3) Filing of Licensee’s Notice and Applicant’s Preliminary Application.

(a) Simultaneously with the filing of the notice by the licensee required by Section 320.642(1), F.S., the applicant, which is not currently a licensed dealer at the proposed location, may file a preliminary application for a franchised motor vehicle dealer license on form HSMV 84011, Application For A License As A Motor Vehicle, Mobile Home or Recreational Vehicle Dealer, which is hereby adopted by reference, furnished by the Department. The filing of a preliminary application is optional but if filed the application shall be completed in the same manner as a final application, except that the following items are not required at the time of the filing of the preliminary application:

1. The physical inspection report of the facility completed by the Department.

2. The surety bond or irrevocable letter of credit.

3. Evidence of garage liability insurance.

4. Evidence of completion by a dealership representative of the training offered by the Department.

5. Evidence of registration for sales and use tax purposes with the Department of Revenue.

6. A true copy of the lease of the property on which the dealership is to be located, if applicable.

7. Evidence that a Federal Employer’s Identification number has been applied for or obtained.

(b) The following items must accompany the completed preliminary application:

1. A copy of the articles of incorporation to show that the corporate name has been reserved (if the business is to operate as a corporation).

2. Fingerprint cards for all owners/partners/officers/directors whose names appear on the application.

3. The initial application fee.

(c) If the notice by the licensee proposes to add a line-make to a dealership not previously franchised for that line-make, the licensed dealer shall, simultaneously with the filing of the licensee’s notice, file an application on form HSMV 84011, Application For A License As A Motor Vehicle, Mobile Home or Recreational Vehicle Dealer, which is hereby adopted by reference, provided by the Department to amend its license to add that line-make to its license.

(d)1. If the notice by the licensee proposes a supplemental location to a currently licensed line-make dealership, the dealer shall, simultaneously with the filing of the licensee’s notice, file an application for a supplemental license on form HSMV 84011, Application For A License As A Motor Vehicle, Mobile Home or Recreational Vehicle Dealer, which is hereby adopted by reference, provided by the Department in accordance with Section 320.27(5), F.S.

2. A supplemental license shall not be required of a dealer who desires to add to or expand its dealership to a contiguous piece of real estate. For the purpose of determining whether a piece of real estate is “contiguous” with any other piece of real estate, as the term “contiguous” is used in Section 320.27(5), F.S., intervening streets, highways, utility easements, drainage and stormwater canals, retaining ponds, and other similar public ways, shall not be considered, provided the parcel of real estate on which the added or expanded place of business is to be located is not more than 200 feet from the existing and licensed place of business. Parcels of real estate separated by limited access highways, navigable waterways or privately owned real estate shall not be considered “contiguous” for purposes of this rule. A dealer who adds to or expands a business under these circumstances shall notify the dealer license section of the department, in writing, of such activity.

(e) A notice by the licensee may not be amended in any manner which alters the specific location of the proposed dealership, nor may a preliminary filing of an application be amended to be inconsistent with the specific location contained in the notice. Alteration of a specific location requires the filing of a new notice and a new preliminary application.

(4) Application for Reopening or Successor Dealership, or for Relocation of Existing Dealership.

(a) If the license of an existing franchised motor vehicle dealer is revoked for any reason, or surrendered, an application for a license to permit the reopening of the same dealer or a successor dealer within twelve months of the license revocation or surrender shall not be considered the establishment of an additional dealership if one of the conditions set forth in Section 320.642(5), F.S., is met by the proposed dealer.

(b) An application for change of address by an existing dealer under this section shall be filed on form HSMV 84712, Application For Change of Location (Address) Of Dealer In Motor Vehicles, Mobile Homes or Recreational Vehicles, which is hereby adopted by reference, provided by the Department. The dealer shall indicate which provision of Section 320.642(5), F.S., if any, it contends exempts the proposed location from consideration as an additional dealership.

(c) An application for a dealership intended as a successor dealership shall be accompanied by a letter from the licensee clearly stating that the applicant is intended as a successor dealership and shall identify the prior dealership to be replaced.

(5) Notice to Existing Dealers.

(a) The notice transmitted to existing dealers in accordance with Section 320.642(1), F.S., shall include a general description of the requirements and instructions for the filing of petitions, complaints or notice protesting the establishment or relocation of a dealership including the address of the agency clerk designated for this purpose; and the date on which the notice was published in the Florida Administrative Register.

(b) If the notice by the licensee proposes a relocation of an existing dealership or reopening of the same or of a successor dealership which does not qualify under one of the exemptions contained in Section 320.642(5), F.S., notice shall be published in the Florida Administrative Register and mailed to all licensed dealers in compliance with Section 320.642(1), F.S., and this rule.

(6) Filing of Petitions or Complaints by Existing Dealers.

(a) Petitions or complaints protesting the establishment or relocation of dealerships may be filed only after the publication of the notice required in Section 320.642(1), F.S.

(b) Petitions, complaints or notices protesting the establishment or relocation of a dealership must be filed with and received by the agency clerk not more than thirty calendar days from the date notice is published in the Florida Administrative Register.

(c) Any petitions or complaints, or correspondence indicating any intent to file or not to file a petition or complaint, which are filed prior to publication of the notice shall be returned to the sender.

(7) Hearing and Post-Hearing Procedures.

(a) Upon receipt of a petition, complaint or notice protesting the establishment or relocation of a dealership, the Department shall transmit the petition or complaint to the Division of Administrative Hearings within the time specified in Section 120.57(1)(b)3., F.S. The Department shall request that hearing, pursuant to the requirements of Section 120.57(1), F.S., or other proceedings necessary for the disposition of the petition or complaint, be conducted with respect to all issues contained in Section 320.642, F.S.

(b) Upon the issuance of a recommended order by the Division of Administrative Hearings, the parties shall have 20 days to file exceptions to the recommended order with the Department. Thereafter, the Department will issue a final order determining whether the proposed additional or relocated dealership shall be approved or rejected. If approved, the final order shall state that the license sought by the applicant shall be granted upon compliance with all other applicable provisions of Chapter 320, F.S., and this rule.

(c) The issuance of a final order with respect to the issues provided in Section 320.642, F.S., shall not constitute a finding by the Department that the applicant complies with the other requirements of Chapter 320, F.S.

(d) If the proposed additional or relocated dealership is approved, construction on the dealership shall begin within twelve months of the date of final order. The applicant must complete construction and finalize its preliminary application for license within twenty-four months of the date of the final order. This period may be extended by the Department for good cause.

(e) For the purposes of computation of the time limits imposed by this section, the filing of an appeal of the final order shall toll the running of the times provided until the final disposition of the appeal, including disposition of motions for rehearing or petitions for review to the Supreme Court of Florida. The filing of an appeal shall not interfere with the issuance of a license, if sought by the applicant, unless a stay is issued pursuant to applicable law.

(f) Finalization of the application shall consist of furnishing all information and documents not required to be filed with the preliminary application.

(8) Transfer, Assignment or Sale of Franchise Agreements.

(a) Subsequent to the notification by a dealer to a licensee of a proposed transfer of a franchise as required by Section 320.643, F.S., the proposed transferee may file a preliminary application with the Department.

(b) This preliminary application shall fulfill all requirements of the final application with the exception of the provision of a copy of the franchise agreement between the proposed transferee and the licensee, a forfeiture statement by the transferor, an acceptance statement by the transferee, and the surrender of the license of the selling dealer.

(c) The Department shall immediately commence processing the application and, upon completion of processing, shall indicate to the proposed transferee whether its license will be issued if the licensee approves the transfer and the transfer is consummated between the selling dealer and the transferee.

(d) If the application complies with all requirements of law, it shall be issued, upon the consummation of the transfer, and the provision to the Department of:

1. A copy of the transferee’s franchise with the licensee;

2. A forfeiture statement by the selling dealer;

3. An acceptance statement by the transferee; and,

4. The license of the selling dealer.

(9) Computation of Sales. For the purpose of computing sales in compliance with Sections 320.642(3)(a)3. and 320.642(3)(b)2., F.S., the thirty-six month period shall be deemed to expire on the last day of the month preceding the month in which the notice of the licensee is published in the Florida Administrative Register.

(10) Minority Recruitment.

(a) At the time of applying for the renewal of a manufacturer, distributor or importer license, the licensee shall file an annual report with the Department of its efforts to add new minority dealer points. The report shall include a description of difficulties encountered in attempting to add new minority dealers under the provisions of Sections 320.60 ‒ 320.70, F.S. The report shall be submitted on form HSMV 84020, Annual Report on Addition Of Minority Dealer Points, which is hereby adopted by reference, provided by the Department and shall accompany the application for renewal.

(b) No renewal application shall be processed nor any license issued unless and until the minority recruitment report is submitted to the Department in the form prescribed.

(11) Agency Clerk. The agency Clerk for the filing of all documents under Sections 320.60 through 320.70, F.S., shall be the supervisor of the Dealer License Section, Room A-312, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635.

(12) Forms. All forms mentioned in or required by this rule may be obtained free of charge from the Department by contacting any License and Registration Inspector or any Regional Office of the Bureau of Licenses and Enforcement, Division of Motorist Services. Addresses and telephone numbers are available from the bureau, Room 308, 2900 Apalachee Parkway, Tallahassee, Florida 32399.

History

• Rulemaking Authority 320.011, 320.69 FS. Law Implemented 320.27(5), 320.60, 320.61-.70 FS. History–New 10-14-91, Amended 11-17-98.

Fla. Admin. Code R. 15C-7.005 Unauthorized Additional Motor Vehicle Dealerships – Unauthorized Supplemental Dealership Locations

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.27, 320.60-.70 FS. History–New 3-3-96, Repealed 2-14-13.

Chapter 15C-8 ILLEGAL PARKING OF VEHICLES FOR PURPOSE OF SALE OR RENTAL

Fla. Admin. Code R. 15C-8.001 Purpose and Scope

History

• Rulemaking Authority 316.1951(3) FS. Law Implemented 316.1951 FS. History–New 2-22-89, Repealed 8-5-12.

Fla. Admin. Code R. 15C-8.002 Written Notice, Content

History

• Rulemaking Authority 316.1951(3) FS. Law Implemented 316.1951 FS. History–New 2-22-89, Repealed 8-5-12.

Fla. Admin. Code R. 15C-8.003 Copy of Written Notice

History

• Rulemaking Authority 316.1951(3) FS. Law Implemented 316.1951 FS. History–New 2-22-89, Repealed 8-5-12.

Chapter 15C-12 TAX ON OPERATION OF COMMERCIAL MOTOR VEHICLES

Fla. Admin. Code R. 15C-12.001 Scope of Rules

History

• Rulemaking Authority 207.011(2) FS., Chapter 87-198, Laws of Florida. Law Implemented 207.011(4) FS. History–New 10-14-82, Formerly 12B-9.01, 12B-9.001, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.002 Definitions

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.002, 207.003, 207.004 FS. History–New 10-14-82, Formerly 12B-9.02, 12B-9.002, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.003 Privilege Tax Imposed

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.002, 207.003, 207.004 FS. History–New 10-14-82, Formerly 12B-9.03, 12B-9.003, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.004 Procedures for Registration

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.003, 207.004, 207.005, 207.023 FS., Chapter 88-306, Laws of Florida. History–New 10-14-82, Amended 12-26-83, Formerly 12B-9.04, 12B-9.004, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.005 Payment of Tax; Delinquencies; Discontinuance, Transfer or Sale of Business; Calculation of Fuel Used; Credits or Refunds; Forfeitures; Bonding Requirements

History

• Rulemaking Authority 207.005, 207.011(2) FS. Law Implemented 207.003, 207.004, 207.005, 207.007, 207.015 FS., Chapter 87-198, Laws of Florida. History–New 10-14-82, Amended 10-13-83, Formerly 12B-9.05, 12B-9.005, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.006 Reports to be Filed Regardless of Tax or Registration

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.003, 207.004, 207.005, 207.006, 207.015 FS. History–New 10-14-82, Formerly 12B-9.06, 12B-9.006, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.007 Penalties and Interest for Untimely Filing; References to Amounts in Rules; When Assessments Final; Maintenance of Records; Other Penalties

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.003, 207.005, 207.006, 207.007, 207.008, 207.012, 207.013, 207.014 FS. History–New 10-14-82, Amended 4-28-83, Formerly 12B-9.07, 12B-9.007, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.008 Inspection of Records; Hearings; Forms; Rules

(1) The Department, or any of its authorized agents, on notification may examine or audit during normal business hours, the records, books, papers, and equipment of motor carriers and dealers of motor fuel or special fuel to calculate the tax due under these rules and to determine whether the correct tax has been paid. The Department shall prescribe all reports and forms necessary for the proper administration of Chapter 207, F.S.

(2) The Department or its authorized agents may, in the enforcement of Chapter 207, F.S., administer oaths to witnesses, take sworn testimony of any person and cause it to be transcribed into writing. For such purposes, the Department may issue subpoenas, including a subpoena duces tecum, and conduct such investigations as it may deem necessary.

(3) When any person unreasonably refuses the Department access to records, books, papers, other documents, or equipment, or fails or refuses to obey a subpoena duces tecum or to testify, except for lawful reasons, the Department shall certify the person’s name and the pertinent facts to the clerk of the circuit court of any county.

(a) The circuit court may enter any appropriate order necessary or required in any action or proceeding for the enforcement and collection of the tax, penalties or interest imposed under Chapter 207, F.S.

(b) An assessment by the Department of tax, penalties, or interest due shall be prima facie evidence of the claim of the state, and the burden of proof shall be upon the person assessed to show the assessment is incorrect and is contrary to law.

(4) The following public use forms are utilized by the Department in its dealings with persons subject to the provisions of Chapter 207, F.S., and are hereby incorporated by reference.

Form Number

Title

Effective Date

HSMV-85008

Application for Special Fuel and Motor Fuel Use Tax Registration

10/89

HSMV-85009

Florida Annual Permit Order (Driveaway)

04/88

HSMV-85010

Decal Permit Order

05/89

HSMV-85011

Special Blank Trip Permit Order

04/88

HSMV-85012

Motor Carrier Cab Card; Annual Permit

02/89

HSMV-85013

Fuel Use Tax Return

07/89

HSMV-85014

Notice of Delinquent Fuel Use Tax Return

07/89

HSMV-85050

Insurance Form

03/88

HSMV-85051

Florida Blank Trip Permit

07/88

HSMV-85052

IRP Trip Permit and Temporary Fuel Use Permit

05/88

Copies may be obtained on request directed to the Bureau of Motor Carrier Services, Neil Kirkman Building, Tallahassee, Florida 32399-0626.

(5) For purposes of Form HSMV-85013, wherever the word “month” is used on the Form, it shall mean 30 days.

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.003, 207.004, 207.005, 207.006, 207.008, 207.029 FS. History–New 10-14-82, Amended 4-28-83, 12-26-83, Formerly 12B-9.08, Transferred from 12B-9.008, Amended 1-1-90.

Fla. Admin. Code R. 15C-12.009 Estimate of Tax Due and Unpaid

History

• Rulemaking Authority 207.011(2), 213.06 FS. Law Implemented 207.012, 207.014 FS. History–New 10-14-82, Amended 4-28-83, Formerly 12B-9.09, Transferred from 12B-9.009, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.010 Change of Address

History

• Rulemaking Authority 207.011(2) FS. Law Implemented 207.019(4) FS. History–New 10-14-82, Formerly 12B-9.10, Transferred from 12B-9.010, Amended 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-12.011 Seizure of Vehicle, Other Equipment

History

• Rulemaking Authority 207.011(2), 213.06 FS. Law Implemented 207.023(3) FS. History–New 10-14-82, Formerly 12B-9.11, Transferred from 12B-9.011, Repealed 8-5-12.

Chapter 15C-13 APPORTIONED LICENSE PLATES FOR COMMERCIAL MOTOR VEHICLES

Fla. Admin. Code R. 15C-13.001 Scope and Authority

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.002 Definitions

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.003 Vehicles Covered

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.004 Plates and Cab Card Required

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.005 Florida Apportioned Plates

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.006 Application

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.007 License Tax

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.008 Renewal Applications; Late Fee

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.009 Supplemental Applications

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.010 Replacement

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.011 Temporary Operational Permits

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.012 Trip Permits; Hunter Permits

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.013 Forms

The following public use forms, which are hereby adopted by reference, shall be used by the Department for the use of persons subject to the provisions of this chapter.

Form Number Title Effective Date

HSMV-82041 In-State Title Receipt 08/88

HSMV-82042 VIN Verification Form 09/86

HSMV-85003 Florida Apportioned Registration Card 05/89

HSMV-85018 IRP Temporary Operational Permit 10/88

HSMV-85052 IRP Trip Permit 05/88

HSMV-85900 IRP Application for Registration 10/88

Copies may be obtained on request directed to the Bureau of Motor Carrier Services, Neil Kirkman Building, Tallahassee, Florida 32399-0626.

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90.

Fla. Admin. Code R. 15C-13.014 Refunds and Credits; Construction

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Fla. Admin. Code R. 15C-13.015 Records; Audits

History

• Rulemaking Authority 320.011 FS. Law Implemented 320.0104, 320.0715 FS. History–New 1-1-90, Repealed 8-5-12.

Chapter 15C-14 VESSEL REGISTRATION

Fla. Admin. Code R. 15C-14.001 Vessel Data Computer Products

History

• Rulemaking Authority 327.04 FS. Law Implemented 119.07 FS. History–New 2-10-81, Amended 10-16-84, Formerly 16N-33.01, 16N-33.001, 62N-33.001, Repealed 8-5-12.

Fla. Admin. Code R. 15C-14.002 Reregistration by Mail

(1) The county tax collectors of the state shall be agents of the Department for the purpose of reregistering vessels by mail.

(2) Not later than 30 days prior to the established reregistration period, the Department shall provide each county tax collector with an adequate supply of blank vessel registration forms and decals which have been authorized by the Department for use during the next scheduled state registration year.

(3) Upon written request by a county tax collector, the Department may pre-print the registration forms based on the data maintained in the Department’s vessel titling and registration files. Such notice shall be given at least 60 days prior to the established reregistration period. Said pre-printed registrations shall be provided to the county tax collector not later than 20 days prior to the reregistration period.

(4) The county tax collectors may mail either a pre-printed registration or a notice of renewal to each owner of a vessel on records as being registered by their respective counties during the previous registration year.

(5) A mail service charge for each registration renewed by mail shall be collected and retained by a county tax collector pursuant to the provisions of Section 327.25(9), F.S.

History

• Rulemaking Authority 327.04 FS. Law Implemented 327.12 FS. History–New 10-16-84, Formerly 16N-33.02, 16N-33.002, 62N-33.002.

Fla. Admin. Code R. 15C-14.003 Recordation of Antique Vessel Status

History

• Rulemaking Authority 327.04 FS. Law Implemented 327.25(10) FS. History–New 10-16-84, Formerly 16N-33.03, 16N-33.003, 62N-33.003, Repealed 8-5-12.

Fla. Admin. Code R. 15C-14.004 Vessel Registration by Counties

History

• Rulemaking Authority 327.04 FS. Law Implemented 327.22(2) FS. History–New 10-16-84, Formerly 16N-33.04, 16N-33.004, 62N-33.004, Repealed 8-5-12.

Fla. Admin. Code R. 15C-14.005 Application of Definitions

History

• Rulemaking Authority 327.04 FS. Law Implemented 327.02 FS. History–New 10-16-84, Formerly 16N-33.05, 16N-33.005, 62N-33.005, Repealed 8-5-12.

Chapter 15C-15 VESSEL TITLING

Fla. Admin. Code R. 15C-15.001 Application of Definitions

(1) “Bank Stamp” means a device which has its number and format recorded and approved by the Department of Highway Safety and Motor Vehicles, and is initialed or signed by an authorized official of the lending institution. Said device may be used by authorized lending institutions chartered by the State of Florida or the Federal government for validating the satisfaction of vessel liens.

(2) “Builder’s Certificate” means a federally authorized document which may be used by the builder of a vessel 5 net tons or more to certify as to the construction and initial ownership of said vessel.

(3) “Bureau” means the Bureau of Vessel Titling and Registration of the Department of Environmental Protection.

(4) “Lending Institution” means a legal business entity chartered by the State of Florida or the federal government from which money is borrowed for a fixed time on the borrower’s promise to repay the amount borrowed at a stated time in the future with an agreed amount of interest.

(5) “Conditional Title” means a certificate of vessel title issued by the Department with a caveat whereby the vessel owner agrees to indemnify the Department and its agents and defend the title against any and all claims or actions arising out of such issuance.

History

• Rulemaking Authority 327.04 FS. Law Implemented 327.02 FS. History–New 10-16-84, Formerly 16N-34.01, 16N-34.001, 62N-34.001.

Fla. Admin. Code R. 15C-15.002 Inspection of Homemade Vessels

History

• Rulemaking Authority 327.04 FS. Law Implemented 328.01(6) FS. History–New 10-16-84, Formerly 16N-34.02, 16N-34.002, 62N-34.002, Repealed 8-5-12.

Fla. Admin. Code R. 15C-15.003 Vessel Lien Satisfactions

(1) Upon the satisfaction of a recorded lien on a vessel, the lienholder shall within 30 days submit to the Department a formal satisfaction of lien notice to include the information presented below:

(a) Name and address of titled vessel owner.

(b) Name of lienholder.

(c) Dollar amount of lien.

(d) Description of the vessel to include: make; model year and hull identification number.

(e) Notarized signature of an authorized representative of the lienholder.

(2) In addition to compliance with subsection 15C-15.003(1), F.A.C., upon satisfaction of a lien in the amount of $20,000 or less the lienholder shall either:

(a) Enter a notarized satisfaction of the lien in the space provided on the face of the vessel certificate of title.

(b) Or validate the satisfaction of the lien on the face of the vessel certificate of title by stamping it with an authorized bank stamp. The recognized use of such a stamp shall be limited to lending institutions chartered by either the State of Florida or the federal government.

(c) Or, validate the satisfaction of the lien recorded on the face of the vessel certificate of title by the lienholder’s submission of a properly completed lien satisfaction form which provides the documentation required by subsection 15C-15.003(1), F.A.C.

(3) In addition to compliance with subsection 15C-15.003(1), F.A.C., upon satisfaction of a lien in an amount greater than $20,000 the lienholder shall execute a notarized satisfaction of the lien required in paragraphs 15C-15.003(2)(a) and (c), F.A.C.

(4) Upon demand, a lienholder shall deliver within 30 days the certificate of title bearing the satisfaction of lien to the titled vessel owner provided there are no subsequent liens shown thereon. In the event of a recorded subsequent lien, the holder of the first satisfied lien shall relinquish the certificate of title to the next recorded lienholder.

(5) In the event a lienholder is permanently unavailable to execute a proper satisfaction of lien which has been recorded with the Department for 5 years or more, the following actions shall be required in order to remove said lien from the Department’s records:

(a) The titled vessel owner shall submit in writing to the Department a request that the lien be removed from the Department’s records. Said request shall explain the circumstances as to why the lienholder cannot be contacted and itemize the actions taken by the vessel owner to make such contact.

(b) Said owner shall also submit any available documentation, which is comparable to a notice of satisfaction of lien, including documentation as to the efforts within the past 20 days to contact the lienholder by certified mail, return receipt requested. Such documentation shall be notarized. A period of not less than 30 days from the date of application must elapse prior to the Department taking final action on the applicant’s request. Said period shall be required to insure that a lienholder has been given adequate time to respond.

(c) In the event the Department determines that adequate actions, without success, have been taken by the titled vessel owner to secure a proper lien satisfaction from the lienholder, the Department may satisfy the recorded lien by issuing a conditional title, which depicts said satisfaction, provided the titled owner certifies to indemnify and hold the Department harmless for any and all claims arising out of said satisfaction.

(6) For liens recorded with the Department less than 5 years, a titled vessel owner who is unable to secure a proper satisfaction of lien pursuant to subsection 15C-15.003(1), F.A.C., shall comply with the provisions in subsection 15C-15.003(5), F.A.C. In addition, said owner shall relinquish to the Department a certified copy of the original executed sales contract officially stamped or certified by the lienholder as paid in full.

(7) In the event the titled vessel owner is unable to comply with any or all of the established requirements for the satisfaction of a lien as set forth in subsection 15C-15.003(5), F.A.C., the Department shall not satisfy said lien without a court order directing such satisfaction.

History

• Rulemaking Authority 328.15 FS. Law Implemented 328.15 FS. History–New 10-16-84, Formerly 16N-34.03, Amended 10-5-86, Formerly 16N-34.003, 62N-34.003.

Fla. Admin. Code R. 15C-15.004 Form: Certificate of Inspection for Homemade Vessels

STATE OF FLORIDA CERTIFICATE OF INSPECTION FOR HOMEMADE VESSELS

Control # ___

I, _________ (Print or Type) hereby certify that I have personally inspected the vessel described below and that it meets the legal definition of a homemade vessel as defined in Section 327.01(21), FS.

Name of Applicant: _________ Date of Inspection: _____

Length: ____________ Fuel: [ ] Gas: [ ] Diesel: [ ] Other: _______________

VESSEL TYPE HULL MATERIAL PROPULSION

[ ] Runabout [ ] High Perf. [ ] Wood [ ] Fiberglass [ ] Outboard [ ] Inboard/Outboard

[ ] CabinCruiser [ ] Sailboat [ ] Alum. [ ] Wood/F.G. [ ] Inboard [ ] Air Prop.

[ ] Bass Boat [ ] Fishing [ ] Steel [ ] Other _____ [ ] Sail [ ] Other _____

[ ] Airboat [ ] Center Console

[ ] Houseboat [ ] Dinghy

[ ] Trawler [ ] Other ___

Specific Comments: _____

Organization: [ ] FMP [ ] GFWFC Region # _________ Badge # ________

---

Signature of Inspecting Officer

DEP 20-126-FMP

History

• Rulemaking Authority 327.04 FS. Law Implemented 328.01(6) FS. History–New 10-16-84, Formerly 16N-34.04, 16N-34.004, 62N-34.004.

Chapter 15C-16 ELECTRONIC VEHICLE ISSUANCE SYSTEMS

Fla. Admin. Code R. 15C-16.001 Data Security

All information communicated via Electronic Temporary Registration (ETR) providers and the department must, at a minimum, be encrypted using a secure sockets layer (SSL) protocol with 128-bit encryption.

History

• Rulemaking Authority 320.131 FS. Law Implemented 320.131 FS. History–New 12-4-08.

Fla. Admin. Code R. 15C-16.002 Exemptions

(1) Trailers less than 2,000 lbs. net weight do not require the seller to be licensed for commercial sale and are therefore exempt from electronic temporary registration requirements.

(2) To ensure the continuation of operations with the least negative impact to temporary plate issuers when the Department is unable to authorize, or third party providers are unable to assign print on demand temporary license plates, a backup issuance method is authorized by the department. This method is issuing pre-printed and pre-assigned temporary license plate stock. The issuance of a plate using this method must be reported to the department within one business day, not including weekends or state holidays, of the issuance of the plate. Every issuer shall keep a record of any temporary tag issued in a form specified by the Department. The record will include, but is not limited to: date of issuance, tag number issued, the name and address of the motor vehicle purchase, vehicle identification number, vehicle description, and reason for off-line issuance.

History

• Rulemaking Authority 320.131 FS. Law Implemented 320.131 FS. History–New 12-4-08.

Fla. Admin. Code R. 15C-16.003 Record Retention

Any person or entity authorized to issue electronic temporary registrations shall maintain all records relating to their issuance for a period of 5 years, and such records shall be open to inspection by the department or its agents during reasonable business hours.

History

• Rulemaking Authority 320.131 FS. Law Implemented 320.131 FS. History–New 12-4-08.

Fla. Admin. Code R. 15C-16.004 Provider Requirements

(1) Every Electronic Temporary Registration (ETR) provider pursuant to Chapter 15C-16, F.A.C., must also provide a method to issue an electronic temporary plate transfer.

(2) Providers must be authorized by the department to provide dealers with a system that allows connectivity to interface with the motor vehicle database. In order to become an ETR provider, the provider must:

(a) Enter into a contract with the department.

(b) Demonstrate to the department that the provider’s system at a minimum can successfully process registration transactions, generate reports as set forth in subsection (3) and provide information in “real-time” utilizing the interface designed by the department.

(c) Provide a performance bond or irrevocable letter of credit for $50,000 with the department.

(3) ETR providers must ensure that their system can provide the following:

(a) Registration certificate.

(b) Provide a list to the department, by county, by dealer, of all provider authorized users of the ETR system.

(c) Inquiry capabilities subject to applicable fees as set forth in Section 320.05(3)(e), F.S.

(4) Authorized ETR providers shall:

(a) Provide support, assistance, and training to any dealer using their system.

(b) Ensure that access and data are secure and that the ETR system is only used by authorized users.

(c) Follow installation procedures as set forth by the department.

(d) Maintain all contractual agreements with dealers for a period of five fiscal years after completion or termination of the contract.

(e) Make all records available for inspection or audit at any time during normal business hours by the department.

(f) Ensure all principals and prospective users have had a criminal history check conducted by the Florida Department of Law Enforcement and maintain lists of authorized users. Proof of verification of criminal history checks by the dealer must be maintained for a period of five fiscal years.

(g) Transfer all funds collected in connection with the processing of registration transactions via electronic funds transfer to the department within five business days of the date of the transaction.

(h) Provide at its expense all equipment necessary to provide an interface between the ETR provider’s server and the department’s server.

History

• Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New 12-19-10, Formerly 15C-17.001.

Fla. Admin. Code R. 15C-16.005 Exemptions, Restrictions and Enforcement

(1) In order to be temporarily transferred, the registration must have more than 30 days of valid registration remaining. If the current registration does not meet this requirement, an electronic temporary registration must be issued pursuant to Chapter 15C-16, F.A.C.

(2) When a temporary plate transfer transaction cannot be performed due to connectivity issues, every issuer of temporary plate transfers must perform the following:

(a) Provide written documentation to the customer indicating the transfer could not take place due to a connection failure.

(b) Issue a pre-printed temporary license plate pursuant to subsection 15C-16.002(2), F.A.C.

(3) The following are prohibited acts that will result in termination of authorization as an ETR provider:

(a) Willful misrepresentation of ETR policies, procedures, contractual terms or other registration policies or procedures.

(b) Using department information for reasons other than ETR.

(c) Failure to correct errors as required by the department.

(d) Failure to execute electronic funds transfer in the specified time frame.

(e) Failure to ensure access is only provided to authorized users.

(4) The department will revoke a dealer’s ability to use ETR for any violation that jeopardizes the integrity of the system. This rule shall not prevent the department from imposing any additional sanctions or fines as allowed by other applicable laws or rules, including but not limited to, Section 320.27, F.S. After revocation of the use of ETR, a dealer will only be allowed access if it can prove to the department it has taken corrective measures to no longer jeopardize the integrity of the system.

History

• Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New 12-19-10, Formerly 15C-17.002.

Fla. Admin. Code R. 15C-16.006 Dealer Requirements

(1) Every motor vehicle dealer licensed under Chapter 320, F.S., shall report all temporary plate transfers via the ETR system, a tax collector’s office, or a license plate agency prior to the license plate being placed on a newly acquired vehicle.

(2) A dealer must provide verification to the ETR provider that criminal history checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the ETR provider allowing access to the system and registering authorized users. The dealer’s principals or prospective users must have no convictions involving a felony for the last 7 years except as provided in Section 112.011(1)(b), F.S. Regardless of the passage of time since the conviction and notwithstanding restoration of civil rights, anyone convicted of a felony involving dishonesty, including but not limited to, identity fraud, embezzlement or other economic crimes is not eligible to be granted authorization to use the ETR system. The convictions listed above that would prohibit authorization to use the ETR system do not include any felony convictions involving the actual operation of a motor vehicle.

(3) Dealers shall ensure that only authorized users have access to the ETR system.

(4) If a dealer charges a fee to the customer for an electronic temporary plate transfer, the fee shall be disclosed separately and in a clear and conspicuous manner in the sales agreement. Sales agreement shall mean the document that the buyer and seller sign memorializing the terms of the sale and includes, but is not limited to, a buyer’s order and a bill of sale. The dealer may not disclose or disguise the fee charged for the electronic temporary plate transfer as a State or Government fee.

(5) Any person or entity authorized to conduct temporary plate transfers shall maintain all records relating to the transfer for a period of 5 years, and such records shall be open to inspection by the department or its agents during reasonable business hours.

History

• Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New 12-19-10, Formerly 15C-17.003.

Fla. Admin. Code R. 15C-16.007 Electronic Filing System

(1) Purpose and Scope. This rule prescribes and defines the Department of Highway Safety and Motor Vehicles’ Electronic Filing System and the participation requirements, certification of service providers, system requirements and enforcement authority for noncompliance.

(2) Definitions. The words or terms as used in this rule shall have the following meanings:

(a) “Certified Service Provider” means a Department approved provider of electronic registration and titling or other motor vehicle, vessel, mobile home, or off-highway vehicle transactions allowed under the Electronic Filing System. The Certified Service Provider hosts an approved system for interface between EFS agents and the Department.

(b) “Department” means the Department of Highway Safety and Motor Vehicles.

(c) “Electronic Filing System” means the system under the jurisdiction of and regulated by the Department which allows authorized EFS agents to process title and registration transactions.

(d) “Electronic Filing System (EFS) agent” means an entity authorized by the Department to process title and registration transactions using the Electronic Filing System as defined in Section 320.03(10), F.S.

(e) “Indicia” means any document, validation decal, paper stock or metal license plate necessary in titling and registration transactions.

(f) “Inquiry” means accessing the Department’s database for information that does not result in the issuance of a title certificate or registration credential.

(g) “Motor Vehicle” includes, for the purposes of this rule only, motor vehicles, vessels, mobile homes or off-highway vehicles.

(h) “Sales Agreement” means the document that buyer and seller sign memorializing the terms of the sale and includes, but is not limited to a buyer’s order and a bill of sale.

(i) “Tax Collector” means one of the 64 state constitution or 3 charter appointed tax collectors in the 67 counties of Florida who serve as agents of the Department for the delivery of title and registration services.

(3) The Department and all Tax Collectors must allow any entity who meets the requirements set forth in this rule to participate as an EFS agent. Neither the Department nor a Tax Collector may deny an eligible EFS agent from participating. The Department, Tax Collectors, EFS agents, and Certified Service Providers shall comply with the provisions of these rules and may not add additional requirements not set forth in either the statute or these rules.

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Formerly 15C-18.001.

Fla. Admin. Code R. 15C-16.008 Electronic Filing System Features

The Electronic Filing System allows an authorized EFS agent to process title and registration transactions for products they sell including, but not limited to:

(1) New and used motor vehicles.

(2) Direct and lease purchases.

(3) License plates transferred from one motor vehicle to another.

(4) Registration renewal for customers at the time of purchase.

(5) Inquiry capabilities subject to applicable fees as set forth in Section 320.05(3)(e), F.S.

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Formerly 15C-18.002.

Fla. Admin. Code R. 15C-16.009 Tax Collector Responsibilities

Tax Collectors are responsible for:

(1) Appointing EFS agents in their county after the Department notifies said Tax Collector that the entity is authorized.

(2) Referring any requests to become an authorized EFS agent to the Department.

(3) Reviewing supporting documentation from EFS transactions processed in the county. The Tax Collector shall ensure all transactions and corrections are processed in accordance with law and Department procedure.

(4) Receiving funds collected electronically from EFS transactions from the Certified Service Provider and remitting State funds in accordance with law and Department procedure.

(5) Distribution of indicia to authorized EFS agents. The Tax Collector’s responsibility is limited to distribution of indicia pursuant to Department procedure.

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Formerly 15C-18.003.

Fla. Admin. Code R. 15C-16.010 EFS Agent Participation Requirements

(1) Entities requesting authorization to become an EFS agent must meet the following requirements:

(a) Sell products that must be titled or registered.

(b) Provide title and registration services on behalf of its consumers.

(c) Enter into a contract with a Certified Service Provider.

(d) Apply to the Department on Form HSMV 82083S (Rev. 08/11), Application to Become an Authorized Electronic Filing System Agent/Change of Certified Service Provider, which is incorporated herein by reference and available via the Department website www.flhsmv.gov/html/forms.html, https://www.flrules.org/Gateway/reference.asp?No=Ref-00402.

(e) Have no unresolved issues regarding non-sufficient funds received by either the Department or Tax Collector.

(f) The entity’s principal and all prospective users of the system must have no convictions involving a felony for the last 7 years except as provided in Section 112.011(1)(b), F.S. Regardless of the passage of time since the conviction and notwithstanding restoration of civil rights, anyone convicted of a felony involving dishonesty, including but not limited to identity theft, embezzlement or other economic crimes is not eligible to become an EFS agent or have access to an EFS agent’s system. This does not include any felony convictions involving the actual operation of a motor vehicle. The EFS agent must provide verification to the Certified Service Provider that background checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the Certified Service Provider allowing access to the system and registering authorized users.

(g) Must be current on all applicable tax payments.

(h) Must be current on all State and or local licenses.

(i) An entity shall have no disciplinary actions taken against it by the Department within the last two years that resulted in a suspension, revocation, or fine.

(2) EFS agents may only stock regular series license plates and registration decals.

(a) The EFS agent must ensure that all indicia is secured in a locked area during non-business hours. Indicia not being used shall also be secured in a locked area.

(b) Only those users authorized by the Certified Service Provider shall have access to indicia.

(3) Upon authorization from the Department the Tax Collector shall appoint an entity as an authorized electronic filing system agent for that county.

History

• Rulemaking Authority 320.03(10) FS. Law Implemented 320.03(10) FS. History–New 12-14-10, Amended 11-22-11, Formerly 15C-18.004.

Fla. Admin. Code R. 15C-16.011 Service Providers; Certification; Requirements

(1) The Department shall certify Service Providers who meet minimum requirements as set forth in this rule.

(2) Entities requesting approval to become a Certified Service Provider must meet the following requirements prior to being approved by Department:

(a) Enter into a contract with the Department.

(b) Demonstrate to the Department that the Service Provider’s system at a minimum can successfully process the following transactions: original new, original used, and transfers of title and original, transfer and renewal of registrations.

(c) Provide a performance bond for $2 million with the Department.

(3) The Certified Service Provider shall:

(a) Provide support, assistance and training to any EFS agents using their system.

(b) Follow installation procedures as set forth by the Department.

(c) Maintain all records of electronic fund transfers, inventories and files of transactions for a period of three fiscal years.

(d) Maintain all contractual agreements for a period of five fiscal years after completion or termination of the contract.

(e) Make all records available for inspection or audit at any time during normal business hours by the Department.

(f) Ensure all EFS agent principals or prospective users have had a criminal history check conducted by the Florida Department of Law Enforcement and maintain lists of authorized users.

(g) Transfer all funds collected in connection with the processing of all registration and title transactions and other approved services via Electronic Funds Transfer to the applicable Tax Collector office within two business days of the date the transaction is electronically submitted to the Tax Collector’s office.

(h) Provide at its own expense all equipment necessary to provide an interface between the Certified Service Provider’s server and the Department’s server.

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Formerly 15C-18.005.

Fla. Admin. Code R. 15C-16.012 Electronic Filing System Requirements; Disclosure to Customer

(1) Certified Service Providers must provide reports as set forth below. The Electronic Filing System developed by a Certified Service Provider must at a minimum include the following reporting capabilities:

(a) Bundle reporting which includes all completed transactions from the prior business day and includes the following data: transaction ID number, owner name, number of license plate, expiration date, title number, agency fees, system control number, customer number, stock number, sales tax revenue, registration tax, title fees, total registration tax and title fees and total funds remitted.

(b) An inventory report reflecting inventory on hand, unassigned, available, issued, transmitted, damaged, missing, returned, or reserved. Such report shall include series of inventory with beginning and ending numbers.

(c) A pull ticket report which includes a control number, new owner of vehicle or vessel being purchased, VIN or hull number, make and body or vessel type. If the license plate is being transferred, the plate number shall be included.

(d) Registration certificate.

(e) Title application receipt.

(f) Provide a list of license plates that have been voided, along with a reason for the void.

(g) Provide a report for each county, by authorized EFS agent, listing all current users.

(h) Provide a list to the Department of all authorized users of the Electronic Filing System.

(2) The system must provide a report of all completed transactions for the previous date.

(3) Certified Service Providers must ensure that access and data are secure. The EFS agent must ensure that access and data are only used by authorized persons.

(4) An EFS agent that desires to change its Certified Service Provider shall submit the request to the Department on Form HSMV 82083S, which is incorporated by reference in paragraph 15C-18.004(1)(d), F.A.C. http://www.flrules.org/Gateway/reference.asp?No=Ref-00402.

(5) If an EFS agent charges a fee to the customer for use of the electronic filing system in a title or registration transaction, the fee shall be disclosed separately and in a clear and conspicuous manner in the sales agreement along with the other options for titling and registration. The EFS agent may not disclose or disguise this as a State or Government fee.

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Amended 11-22-11, Formerly 15C-18.006.

Fla. Admin. Code R. 15C-16.013 Enforcement; Service Providers; EFS Agents; Tax Collectors

(1) Enforcement authority for compliance with the requirements of the electronic filing system with regard to the Certified Service Providers is granted to the Department. The following are prohibited and may result in the termination of certification as a service provider.

(a) Providing Electronic Filing System services to a client who is not an authorized EFS agent.

(b) Distributing indicia to a client who is not an authorized EFS agent.

(c) Willful misrepresentation of EFS policies, procedures, contractual terms or other title and registration policies or procedures.

(d) Using Department information for reasons other than authorized Electronic Filing System services.

(e) Failure to correct errors as required by the Department.

(f) Failure to execute electronic funds transfer in the specified time frame.

(2) Enforcement authority for compliance and the requirements of the electronic filing system with regard to EFS agents is granted to the Department. The Department will revoke an EFS agent’s ability to use the electronic filing system for any violation that jeopardizes the integrity of the system. This rule shall not prevent the Department from imposing any additional sanctions or fines as allowed by other applicable laws or rules including but not limited to Section 320.27, F.S. Additionally, the following are prohibited:

(a) Failure to comply with Department procedures.

(b) Unauthorized access of data by users.

(c) Failure to pay applicable Department records fees for information not resulting in the issuance of a title certificate or registration credential.

(d) Failure to comply with minimum security requirements, including failure to safeguard equipment which provides access to the Electronic Filing System.

(e) Failure to execute electronic funds transfer.

(f) Failure to remain in good standing with the Tax Collector or State, including lapse or revocation of any state or local license.

(g) Failure to correct errors or clear pending transactions as required by the Department.

(h) Charging title and registration fees in excess of those allowed by law.

(i) Improper security and control of license plate and decal inventory or other Tax Collector provided indicia.

(3) Enforcement authority for non-compliance with Rule 15C-18.003, F.A.C., is granted to the Department and will result in the Department or its authorized representative handling EFS services for that county.

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Formerly 15C-18.007.

Chapter 15C-17 ELECTRONIC TEMPORARY PLATE TRANSFER

Fla. Admin. Code R. 15C-17.001 Provider Requirements

History

• Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New 12-19-10, Transferred to 15C-16.004.

Fla. Admin. Code R. 15C-17.003 Dealer Requirements

History

• Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New 12-19-10, Transferred to 15C-16.006.

Fla. Admin. Code R. 15C-17.002 Exemptions, Restrictions and Enforcement

History

• Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New 12-19-10, Transferred to 15C-16.005.

Chapter 15C-18 Electronic Filing System

Fla. Admin. Code R. 15C-18.001 Electronic Filing System

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Transferred to 15C-16.007.

Fla. Admin. Code R. 15C-18.002 Electronic Filing System Features

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Transferred to 15C-16.008.

Fla. Admin. Code R. 15C-18.003 Tax Collector Responsibilities

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Transferred to 15C-16.009.

Fla. Admin. Code R. 15C-18.004 EFS Agent Participation Requirements

History

• Rulemaking Authority 320.03(10) FS. Law Implemented 320.03(10) FS. History–New 12-14-10, Amended 11-22-11, Transferred to 15C-16.010.

Fla. Admin. Code R. 15C-18.005 Service Providers; Certification; Requirements

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Transferred to 15C-16.011.

Fla. Admin. Code R. 15C-18.006 Electronic Filing System Requirements; Disclosure to Customer

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Amended 11-22-11, Transferred to 15C-16.012.

Fla. Admin. Code R. 15C-18.007 Enforcement; Service Providers; EFS Agents; Tax Collectors

History

• Rulemaking Authority 320.03(10)(a) FS. Law Implemented 320.03(10)(a), (b) FS. History–New 12-14-10, Transferred to 15C-16.013.

Chapter 15C-21 Certificates of Title

Fla. Admin. Code R. 15C-21.001 Application for Certificate of Title

(1) Any person applying for a certificate of title to evidence ownership of a motor vehicle or off-highway vehicle must apply to the department on HSMV 82040-MV, Application for Certificate of Motor Vehicle Title (effective 07/23), incorporated herein by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-15507 and https://www.flhsmv.gov/pdf/forms/82040MV.pdf.

(2) Any person applying for a certificate of title to evidence ownership of a mobile home must apply to the department on HSMV 82040-MH, Application for Certificate of Mobile Home Title (effective 07/23), incorporated herein by reference and available at: https://flrules.org/Gateway/reference.asp?No=Ref-15506 and https://www.flhsmv.gov/pdf/forms/82040-MH.pdf.

(3) Any person applying for a certificate of title to evidence ownership of a vessel must apply to the department on HSMV 82040-VS, Application for Certificate of Vessel Title (effective 07/23), incorporated herein by reference and available at: https://flrules.org/Gateway/reference.asp?No=Ref-15508 and https://www.flhsmv.gov/pdf/forms/82040-VS.pdf.

(4) The department will issue a certificate of title to the applicant upon receipt of a completed HSMV 82040-MV, HSMV 82040-MH, or HSMV 82040-VS; the satisfaction of all statutory requirements, including those set forth in Chapters 317, 319, 320, and 328, F.S.; and the payment of all appropriate fees.

History

• Rulemaking Authority 317.0005, 319.17, 320.011, 328.01(6), 328.03(8), 328.72(17) FS. Law Implemented 92.525, 212.06, 317.0004, 317.0006, 317.0007, 317.0008, 317.0011, 317.0014, 319.14, 319.21, 319.22, 319.225, 319.23, 319.24, 319.27, 319.28, 319.29, 319.40, 320.02, 328.01, 328.03, 328.07, 328.09, 328.11, 328.13, 328.16, 328.30 FS. History–New 2-7-13, Amended 12-28-15, 12-3-19, 7-13-23.

Chapter 15C-22 Private Rebuilt Motor Vehicle Inspection Program

Fla. Admin. Code R. 15C-22.001 Minimum Requirements for Program Participation

(1) This rule and Section 319.141, F.S., establish the minimum requirements for participation in the Private Rebuilt Motor Vehicle Inspection Program (PRVIP).

(2) Participation in PRVIP requires approval by the Florida Department of Highway Safety and Motor Vehicles (department).

(3) Each PRVIP applicant must apply to the department on HSMV #82997, Application for Authorization as a Private Rebuilt Motor Vehicle Inspection Facility (effective 3/2023), incorporated herein by reference and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15231 and https://www.flhsmv.gov/pdf/forms/82997.pdf

(4) Each PRVIP participant (participant) shall have and maintain, in favor of the Department, a surety bond or irrevocable letter of credit in the amount of $100,000 covering all of the participant’s activities in Florida under PRVIP as outlined herein, issued by an entity licensed to do business in the State of Florida The $100,000 surety bond or irrevocable letter of credit shall allow for claims to be made for at least one year after cessation of business activities to cover any loss or damages which may arise.

(5) Each participant shall secure and maintain a facility that meets the requirements of Section 319.141, F.S., at a permanent fixed structure in the state of Florida, within an authorized county, as evidenced by proof of ownership or written lease at an address recognized by the United States Postal Service, where the only services provided on such property are rebuilt inspection services. The facility must provide proof to the department that it meets all applicable zoning requirements.

(6) In addition to meeting the requirements of Section 319.141, F.S., participants shall, at all times, meet the following requirements:

(a) Participant, including owners, partners, corporate officers, and the facility inspectors employed by the facility shall be digitally fingerprinted using a Florida Department of Law Enforcement provider to conduct a criminal background check which demonstrates that such persons have not been convicted of a felony, pled guilty to a felony, pled nolo contendre to a felony, or been incarcerated for a felony in the previous 10 years.

(b) Participant, including owners, partners, corporate officers, and the inspectors employed by the facility shall annually attest that they do not have a direct or indirect interest in any motor vehicle that the facility has inspected or proposes to inspect, and are not employed by or do not have an ownership interest in or other financial arrangement with the owner, operator, manager, or employee of a motor vehicle repair shop as defined in Section 559.903, F.S., a motor vehicle dealer as defined in Section 320.27(1)(c), F.S., a towing company, a vehicle storage company, a vehicle auction, an insurance company, a salvage yard, a metal retailer, or a metal rebuilder from which they receive remuneration, directly or indirectly, for the referral of customers for rebuilt inspection services.

(7) Participant must maintain the following items at all times to continue to be authorized:

(a) Certification from the Florida Division of Corporations showing current registration of entity to conduct business in the state of Florida including any fictitious name registration, if applicable.

History

• Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS. History–New 4-2-23.

Fla. Admin. Code R. 15C-22.002 Duties and Responsibilities; General Information; Procedures

(1) When a Private Rebuilt Motor Vehicle Inspection Program (PRVIP) inspection is conducted by the PRVIP participant (participant) and provided to the Florida Department of Highway Safety and Motor Vehicles (department), the participant shall assume full responsibility for the accuracy of the inspection.

(2) All costs incurred by the participant to participate in PRVIP will be the participant’s sole responsibility. This includes, but is not limited to, the banking setup fees for remittance processing.

(3) The participant shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. This includes, but is not limited to, compliance with Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. 2000d and 2000e et seq.; the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; and all prohibitions against discrimination on the basis of age, race, color, sex, pregnancy, gender identity, sexual orientation, religion, national origin, disability, veteran status, marital status, genetic information, or on any other basis protected under law.

(4) The participant shall deposit all monies owed to the department in an account with a state or federally chartered commercial bank insured by the Federal Deposit Insurance Corporation, or in account with a state or federally chartered credit union insured by the National Credit Union Administration.

(5) A participant shall provide an Application for Temporary License Plate (HSMV 83091) obtained from the department to a rebuilt motor vehicle applicant (applicant) only when an appointment is scheduled at an authorized facility for a rebuilt motor vehicle inspection, and a permanent license plate or dealer plate cannot be legally issued to the applicant.

(6) An applicant may obtain a temporary tag pursuant to Section 320.131, F.S., at the Tax Collector, Tag Agency, or Regional Office to transport the vehicle to an authorized facility provided that the applicant can present proof of a valid driver’s license and insurance. The applicant shall obtain an authorization notice that is stamped by the authorized facility confirming that a scheduled appointment has been made for the purpose of conducting a rebuilt inspection at that facility. The authorization notice may be faxed from the facility to any of the above authorized issuance offices.

(7) Department Procedure TL 37, Application for Certificate of Title for a Rebuilt Motor Vehicle, Mobile Home, or Motorcycle Previously Declared Salvage or Junk (effective 3/2023), incorporated herein by reference and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15232 and https://www.flhsmv.gov/pdf/proc/tl/tl-37.pdf, provides specific requirements concerning the application for certificate of title for a rebuilt vehicle.

(8) The participant shall provide a receipt to the applicant itemizing any services fees as separate from the statutorily required fee.

(9) Only rebuilt facility inspectors who have been authorized by the department pursuant to Rule 15C-22.004, F.A.C., shall conduct a rebuilt documentation review, motor vehicle physical inspection, and rebuilt decal placement.

(10) A participant may not conduct an inspection of a motor vehicle purchased in complete rebuilt condition without prior approval by the department.

(11) Participants shall conduct rebuilt inspection services as follows:

(a) Review of documentation: Participants shall review the following documents provided by the applicant to the certified inspection facility for completeness and accuracy:

1. Proof of Florida residency: Each applicant must be a Florida resident. The rebuilt facility inspector must verify that the applicant is a Florida resident. This is generally done via an examination of the applicant’s driver license or identification card and, for licensed motor vehicle dealers, through the department’s website. There are, however, other legal means for providing Florida residency.

2. Proof of Ownership: Each participant shall verify proof of the applicant’s ownership of the rebuilt vehicle by reviewing the following documents provided by the applicant:

a. A Salvage/Rebuildable certificate of title (in state/out of state) in the applicant’s name.

b. A Power of Attorney when the titled owner is not present to submit a rebuilt application and supporting documentation.

3. Inspection Fee: Each applicant shall submit, and each participant shall collect, an initial inspection fee of $40.00, or $20.00 for re-inspection, and payment shall be entered into the department’s database. The participant shall ensure that all sums due to the department via the Electronic Payment System (EPS) are submitted no later than 5 working days after the close of business day on which the transaction(s) occurred.

4. Status of the vehicle brand as Salvage/Rebuildable: The participant must obtain proof from the applicant that notice of rebuilding of the vehicle has been reported to the National Motor Vehicle Title Information System (NMVTIS). Printouts from the following systems constitute proof:

a. NMVTIS,

b. FRVIS (Title record inquiry to verify title and vehicle status with the Department records),

c. NICB (National Insurance Crime Bureau to ensure vehicle or parts have not been reported as stolen),

5. Properly completed Statement of Builder Form (HSMV 84490), obtained from the department.

a. Only rebuilt facility inspectors who have been authorized by the department pursuant to Rule 15C-22.004, F.A.C., shall inspect a rebuilt motor vehicle and check the appropriate box on HSMV 84490.

b. Major Components parts listed on HSMV 84490 must be consistent with repairs performed on the vehicle and the receipts submitted for the repair/replacement. Receipts or invoices for all major component parts as defined in Section 319.30(1)(j), F.S., that were repaired or replaced on the vehicle must be in the name of the applicant or the repair shop that completed the repairs on the vehicle. Identification numbers for each major component part(s) used for rebuilding of the vehicle must be shown on the receipt.

c. The rebuilt facility inspector shall complete section V of HSMV 84490.

6. Properly completed HSMV 82040-MV, HSMV 82040-MH, or HSMV 82040-VS, which are incorporated by reference in Rule 15C-21.001, F.A.C.

7. Pictures of the vehicle that capture the damaged areas (taken prior to any repair work).

(b) Completion of documentation review: After the documentation review is completed, verified, and correct, the participant shall conduct a physical inspection.

1. Documentation review fails: If the documentation review fails upon the initial visit, the applicant shall be provided with an opportunity to correct the error(s) and return to continue with the rebuilt inspection process.

a. The participant must provide the applicant with a notice for a failed application explaining the corrections needed. The participant shall maintain a copy for record keeping purposes along with other supporting documentation. Original documentation shall be retained at the participant’s facility until the applicant returns unless an original document requires a signature or other original information. If the original documentation is returned to the applicant, then the facility shall make a copy for their records.

b. A fee of $20.00 shall be collected by the participant for each subsequent visit for documentation review until it passes. Up to 60 days should be allowed to correct a failed inspection.

c. An applicant’s failed documentation shall be placed in a pending file for 60 days. If after 60 days the applicant does not return or if the correction is still pending, the applicant must submit a new application, supporting documentation, and $40.00 fee to the participant.

2. Documentation review pass: If the documentation review passes, then the participant shall conduct a physical inspection of the vehicle.

(c) Physical inspection of the rebuilt vehicle: The participant shall conduct a physical inspection to determine if the motor vehicle has been repaired as described on the documentation provided by the applicant and that the vehicle does not appear to have any visible or suspicious alterations. This inspection shall include:

1. Verify the public vehicle identification number (VIN) and other identification numbers, including the federal safety labels. It is unlawful to drive a vehicle with a missing, altered, or removed VIN plate. If the vehicle is missing the public VIN, the rebuilt inspection shall end, and the participant shall refer the applicant to the Division of Motorist Services (DMS) Regional Office for additional inspection requirements.

2. Verify that all major component parts were repaired or replaced according to HSMV 84490 and the receipts provided.

3. The participant shall contact law enforcement to report any vehicle that is found to have suspicious discrepancies or abnormalities on the same day that such discrepancies or abnormalities are discovered. The participant shall also notify the DMS Regional Office on the same day that such discrepancies or abnormalities are discovered (or the next business day if such discrepancies or abnormalities are discovered on a weekend or holiday) to request that an administrative stop be placed on the title record. If a motor vehicle under these or any other circumstances is referred to the DMS Regional Office, the participant shall deliver all original documentation and an explanation to the DMS Regional Office.

4. If the vehicle fails the physical inspection, the participant shall provide the applicant with a Notice to Rebuilders form for a failed inspection explaining the correction(s) needed. For subsequent visits, a fee of $20.00 shall be collected by the participant. The participant shall place the applicant’s documents in a pending file for 60 days. If the applicant does not return after 60 days, or if the correction is still pending, the applicant must submit a new application, supporting documentation, and $40.00 fee to the participant.

5. If the vehicle passes the physical inspection, the participant shall enter the results through a Department-approved portal the same day the inspection is completed. The participant shall stamp and place all documents related to the rebuilt inspection in a sealed envelope except HSMV 82040-MV, HSMV 82040-MH, or HSMV 82040-VS, incorporated by reference in Rule 15C-21.001, F.A.C., which shall be provided to the applicant. The applicant shall present this receipt upon application for a rebuilt title as evidence that a rebuilt inspection was conducted at an authorized facility.

6. The applicant shall take the sealed envelope to the Tax Collector/Tag Agent to apply for a rebuilt certificate of title.

History

• Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS. History–New 4-2-23.

Fla. Admin. Code R. 15C-22.003 Recordkeeping

(1) The Private Rebuilt Motor Vehicle Inspection Program (PRVIP) participant (participant) shall utilize an electronic filing system, provided by the department, to enter “real-time” rebuilt inspection transactions. This system will be connected with a department database and the National Motor Vehicle Title Information System. The department will approve the connectivity and the system utilized. The electronic filing system and database are subject to change at the discretion of the department.

(2) The participant shall access, use, and maintain the confidentiality of all information received in accordance with Chapter 119, F.S., and the Driver Protection Privacy Act (DPPA), 18 United States Code Sections 2721-2725. Information obtained under this program shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law.

(a) To ensure compliance with DPPA:

1. Information exchanged must not be used for any purposes not specifically authorized by the memorandum of understanding (MOU) required by Section 319.141(3), F.S., or by state or federal law, as applicable. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination, sharing, copying, or passing of this information to unauthorized persons.

2. Information exchanged by electronic means must be stored in a place physically secure from access by unauthorized persons.

3. Access to the information exchanged must be protected in such a way that unauthorized persons cannot review or retrieve the information.

(3) Public Records Requirements:

(a) Documents produced as a result of participation in this program are subject to the provisions of Chapter 119, F.S., and other applicable provisions of law. The participant, when acting on behalf of the department in the provision of services, shall comply with the requirements of Section 119.0701(2), F.S.

(4) The remaining rebuilt inspection documents, including the pictures, for each inspection shall be retained at the authorized facility for a period of five years, unless the facility is able to confirm, through an inquiry of the department’s database, that the rebuilt title was issued, and documentation was imaged in the department’s database.

(5) All participant personnel with access to protected information shall be instructed of, and acknowledge their understanding in writing of, the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements must be updated at least annually by the participant.

(6) Each participant shall attest that they have procedures in place that will ensure the confidentiality of the information exchanged as part of the Private Rebuilt Motor Vehicle Inspection Program will be maintained throughout the term of their participation.

(7) The participant shall immediately notify the department and the affected individual(s) following the determination that the personal information of a rebuilt applicant has been compromised by any unauthorized access, distribution, use, modification, or disclosure. The statement to the department must provide the date and the number of records affected by any unauthorized access, distribution, use, modification, or disclosure of personal information.

History

• Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS. History–New 4-2-23.

Fla. Admin. Code R. 15C-22.004 Rebuilt Facility Inspectors

(1) To become authorized to conduct rebuilt vehicle inspections at Private Rebuilt Motor Vehicle Inspection Program (PRVIP) facilities authorized by the Florida Department of Highway Safety and Motor Vehicles (department), the rebuilt facility inspector applicant (applicant) must attend an initial 24-hour rebuilt vehicle inspection training course provided by the department at a Division of Motorist Services’ Regional office.

(2) Upon successful completion of the training course, the PRVIP facility shall submit the following to the department on behalf of the applicant:

(a) Inspector Page (page 3) of HSMV #82997, Application for Authorization as a Private Rebuilt Motor Vehicle Inspection Facility, incorporated by reference in Rule 15C-22.001, F.A.C.

(b) Documentation demonstrating the successful completion of the initial 24-hour training course.

(c) Proof of a level one background check completed by the Florida Department of Law Enforcement (FDLE). Any applicant who has been convicted of a felony, pled nolo contendere to a felony, pled guilty to a felony, or been incarcerated for a felony in the previous 10 years shall be disqualified.

(3) Annually, authorized rebuilt facility inspectors shall complete a 4-hour continuing education course and submit proof of a current level one background check completed by FDLE. Proof of the background check and proof of completion of the continuing education course must be submitted to the department by September 1 each year.

(4) Any authorized rebuilt facility inspector who does not continually meet the background or continuing education requirements will be immediately terminated from the PRVIP program.

History

• Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS. History–New 4-2-23.

Fla. Admin. Code R. 15C-22.006 Rebuilt Inspection Decals Requirements and Procedures

(1) The Florida Department of Highway Safety and Motor Vehicles (department) shall provide rebuilt decals to each department-authorized Private Rebuilt Motor Vehicle Inspection Program (PRVIP) participant (participant). The participant shall appoint an individual authorized to request and receive rebuilt decals from the department.

(2) If a rebuilt decal is damaged or defaced, the authorized facility inspector shall replace the decal with an undamaged decal and record both decal numbers in the appropriate log required to be maintained by the authorized facility.

(3) The participant shall appoint an authorized individual to maintain accountability of all rebuilt decals provided by the department.

(4) The rebuilt decals, the approved facility stamp, and other documents must be safe and securely stored at all times.

(5) The participant shall use rebuilt decals in sequential order.

(6) The participant shall return voided decals to the department with a completed voided decal form.

(7) The department shall periodically conduct a records inspection at each facility that includes a review of the accountability of rebuilt decals.

(8) The participant shall maintain a log that tracks the issuance and voiding of rebuilt decals. The log must include the facility name, inspector name, date decal issued, decal audit number, year, make, model, and complete VIN of the vehicle, title number, owner/dealer name and address, and name and address of courier, if applicable. The facility shall log decals in sequential order.

(9) If a vehicle passes the physical inspection:

(a) A rebuilt decal shall be properly affixed to the vehicle by the participant in accordance with Procedure TL-37, incorporated by reference in Rule 15C-22.002, F.A.C., as follows:

1. Motor vehicles: The decal shall be affixed to the left front pillar, or as near as possible to this location. The decal should not be placed on a removable part, such as a door.

2. Motorcycles: The decal shall be affixed to the “down tube” below the deck, generally aligned with the middle of the gas tank.

3. Other vehicles: The decal shall be affixed to a permanent area of the vehicle. The decal must not be affixed to any removable part, such as a door.

History

• Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS. History–New 4-2-23.

Fla. Admin. Code R. 15C-22.007 Monitoring and Oversight

(1) The Florida Department of Highway Safety and Motor Vehicles (department) shall conduct an onsite facility inspection at least once per quarter and shall terminate any Private Rebuilt Motor Vehicle Inspection Program (PRVIP) participant (participant) who fails to meet the minimum requirements of this chapter and the memorandum of understanding (MOU) required by Section 319.141, F.S.

(2) The department may examine all records pertaining to any inspection or related service performed under PRVIP, including:

(a) Financial records, papers, and documents of the participant that are directly related to the performance of the MOU or the expenditure of state funds; and

(b) Programmatic records, papers, and documents of the participant that the department determines are necessary to monitor the performance of the MOU or to ensure that the terms of the MOU are being met. The participant shall provide such records, papers, and documents requested by the department within 10 business days after such request is made.

(3) The department shall have the discretion to discontinue a motor vehicle rebuilt inspection at the facility. If the department determines there is any discrepancy which would cause the vehicle not to pass a rebuilt vehicle inspection, the transaction shall be discontinued until further research is conducted by the department.

History

• Rulemaking Authority 319.141, 319.1414, 319.17 FS. Law Implemented 319.141, 319.1414 FS. History–New 4-2-23.