The purpose of these amendments is to revise standards for driver license exams and update a scoring ratio. The amendments will also address forms incorporated throughout the rule chapter.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Driver Licenses

RULE NOS.:RULE TITLES:

15A-1.0015Translation of Foreign Documents

15A-1.003Licenses Restricted as to Use

15A-1.004Reciprocity

15A-1.005Current Licenses; Relinquishment

15A-1.0051Renewal of License; Resident Temporarily Out of the State

15A-1.008Drug Addiction and Alcoholism

15A-1.009Mental Condition

15A-1.010Physical Condition

15A-1.012Driver License Examinations: Scoring

15A-1.0125Oral Examinations

15A-1.013Minimum Visual Standards for Licensing

15A-1.014Vehicle Inspection

15A-1.015Driving Ability, Demonstration: Scoring Criteria

15A-1.016Test/Examination Failure; Disqualification: Procedure

15A-1.017Re-examinations

15A-1.019Reinstatement; Hardship

15A-1.0195Right of Review

15A-1.021Cancellation

15A-1.023Appointments

15A-1.024Temporary Driving Permits

15A-1.026Express Renewal Offices

15A-1.027Driver Education Licensing Assistance Program (DELAP)

15A-1.028Fraudulent Driver License Applicants

15A-1.0296Substance Abuse Courses Required for Licensing

PURPOSE AND EFFECT: The purpose of these amendments is to revise standards for driver license exams and update a scoring ratio. The amendments will also address forms incorporated throughout the rule chapter.

SUMMARY: The rule is revised to allow for the driver license exam to be changed from two 20 question exams to one 50 question exam, clarifies that if an applicant is unable to read, the exam will be provided orally, requires that the exact same questions be used if exam is given orally, clarifies that Third Party Administrators of the Driver License Exam may not provide the questions orally, removed language capping the amount paid for an interpreter, removes language that requires the Driver License/Tax Collector office to readminister vision exam and instead requires a report from an eye specialist, clarifies which vehicle safety standards will be inspected prior to the driving exam being administered, removes language about the department impounding a vehicle if it is not found safe to administer the exam, clarifies that in the event of a crash, dangerous driving action, traffic law violation, or lack of cooperation or refusal to follow directions on the part of the applicant, the test will be terminated and the applicant disqualified, clarifies that a driver who is unable to pass the driving portion of the exam after five attempts within a one year period, will be suspended as incompetent to drive for one year following the fifth exam. Repeals several rules in this Chapter as they have been codified in statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule, input from the affected industry, and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 322.02, 322.02(6), 322.13, 322.212, 322.27 FS.

LAW IMPLEMENTED: 120.57, 316.211, 316.271, 316.294, 316.614, 316.646, 318.15, 322.02, 322.03, 322.04, 322.05, 322.07, 322.08, 322.08(2), 322.09(1)(b), 322.095, 322.12, 322.121, 322.13(1)(b)1., 322.13(1)(b)2., 322.13(2), 322.14, 322.141, 322.15, 322.16, 322.18, 322.19, 322.21, 322.21(3), 322.212, 322.22, 322.221, 322.245, 322.25, 322.27, 322.27(1), 322.271, 322.28, 322.282, 322.29, 322.32, 322.32(5), 322.33, 627.733 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 10, 2014, 9:30 a.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B130, Tallahassee, Florida 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ray Graves, Program Manager, 2900 Apalachee Parkway, Room A201, Tallahassee, FL 32399-0500, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ray Graves, Program Manager, 2900 Apalachee Parkway, Tallahassee, FL. 32399-0500, Room A201, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

15A-1.0015 Translation of Foreign Documents.

All documents listed in Rule 15A-1.0012, F.A.C., and submitted to the Department for the purpose of establishing or proving date of birth or for identification, in a language other than English, must be accompanied by a translation of that document into the English language. The translation must be sworn to by the translator as being a true and accurate translation

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

 

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)(4) 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 driver’s road test 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, wing type windshield wiper controls.

(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.

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

 

15A-1.004 Reciprocity.

(1) Valid driver licenses, in the possession of nonresident operators of motor vehicles, that were issued by another state, territory or possession of the United States, or by the United States Government for driving motor vehicles owned or leased by the United States, or by another country under the international convention of road traffic of 1949, are valid in this state for purposes of operating motor vehicles in this state, subject to Chapters 316, 322 and 324, F.S., and rules adopted pursuant thereto.

(2) All applicants who are licensed in another state, United States possession or country, must successfully pass the vision test for the issuance of a Florida driver license.

(3) For the purposes of subsections (1) and (2), the extension of driver licenses issued by another state, a possession of the United States, or by the District of Columbia to members or discharged veterans of the armed forces of the United States will be recognized based on the law of the issuing state, possession or district.

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

 

15A-1.005 Current Licenses; Relinquishment.

(1) An applicant for a driver license examination is required to relinquish all current driver licenses to the Department with the application prior to being permitted to take an examination; provided, however, that a nonresident who is not applying for a commercial driver license commuting to this state to work, or part-time resident from any other state or country license jurisdiction, shall upon affidavit of such facts be allowed to keep the license, but in such case any Florida driver’s license issued shall be valid in this state only. Applicants for driver licenses, who do not have current driver’s license at the time of the application, shall so state by affidavit.

(2) A notice of clearance from the issuing state may be required if the applicant has previously been licensed in another state, if necessary to establish eligibility.

(3) Out-of-state applicants who do not initially qualify on the examination when applying for a Florida driver’s license can retain their out-of-state license until they again apply for a Florida license, unless the applicant’s vision does not meet the Department’s minimum vision standards, whereupon the out-of-state license would be revoked for inadequate vision.

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

 

15A-1.0051 Renewal of License; Resident Temporarily Out of the State.

(1) A resident of this state who renews a driver’s license while temporarily out of the state shall, upon request, be issued a driver’s license without a signature or photograph. Upon return to the state, a replacement license will be issued pursuant to subsection 15A-1.020(2), F.A.C.

(2) A resident temporarily out of this state but in another state of the United States may substitute the written test of the other state for the Florida re-examination.

(3) A resident temporarily in another country may have the Florida re-examination administered by a qualified person in the other country.

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

 

15A-1.008 Drug Addiction and Alcoholism.

(1) Whenever the Department has good cause to believe, or the applicant states, that the applicant is addicted to drugs or alcohol, the applicant shall forward a Medical Report (form HSMV-72423 revised 9/88, and herein incorporated by reference), obtained from the Department at 2900 Apalachee Parkway, Tallahassee, Florida, from a licensed physician to the Department for approval to apply for the license examination. The report shall state that the physician believes the applicant’s drug and/or alcohol use would not cause the applicant to be incapable of operating a motor vehicle safely.

(2) An applicant who has been committed to, or a patient in, any public or private sanitarium, hospital, or similar institution because of drug addiction or alcoholism shall present a certified copy of the discharge from such institution to the Department for approval to apply for a license examination.

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

 

15A-1.009 Mental Condition.

(1) Whenever the Department has good cause to believe that an applicant is mentally incompetent, or otherwise unsafe mentally to drive, or the applicant admits being subject to sudden attacks of unconsciousness, dizziness, convulsive seizures, or other similar mental disorders, the applicant shall forward a Medical Report (form HSMV-72423, as incorporated in Rule 15A-1.008, F.A.C.) from a licensed physician to the Department for approval to apply for the license examination. The report shall state that the physician believes the applicant is capable of operating a motor vehicle safely.

(2) An applicant previously adjudged incompetent shall present a certified copy of the court order restoring competency to the Department for approval to apply for the license examination.

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

 

15A-1.010 Physical Condition.

(1) Whenever the Department has good cause to believe that an applicant is physically incapable of driving safely, or the applicant admits being subject to heart attacks, convulsive seizures, palsy, fainting spells, or other similar physical disorders, and such physical condition would not permit the issuance of a license, the applicant shall forward a Medical Report (form HSMV-72423, as incorporated in Rule 15A-1.008, F.A.C.) from a licensed physician to the Department for approval to apply for the license examination. The report shall state that the physician believes the applicant is capable of operating a motor vehicle safely.

(2) An applicant with a physical impairment that the Department believes requires special consideration for safe driving shall be given a driving ability examination and issued a driver’s license that is restricted in use to special requirements as provided in Rules 15A-1.003 and 15A-1.013, F.A.C.

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

 

15A-1.012 Driver License Examinations: Scoring.

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

(1) Written Road sign/road rules examinations – failing to correctly answer identify at least eighty percent of questions fifteen of twenty signs on the road sign examination, and failing to correctly answer at least fifteen of twenty questions on the road rules examination taken.

(2) Motorcycle operation examination – failing to correctly answer at least fifteen of twenty questions.

(2)(3) Cheating is the unauthorized use of any material, devices, or communications on subsections (1) or (2). The use of any material or communicating with another person, except to the person administering the examination, is prohibited. To do so will result in immediate failure.

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

 

15A-1.0125 Oral Examinations.

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

(2) The test question pool same examination questions shall be used for all both written, automated, and oral 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 road rules examination by orally asking each question of the applicant and noting the response. The examiner shall administer the oral road sign test by reading to the applicant two possible answers for what kind of sign it is and two possible answers for what the sign means, and then recording the responses. The Class E written examination oral road signs identification test must be facing the applicant while the test is being administered. The examiner must explain that at least eighty percent of questions fifteen signs and fifteen rules must be answered correctly for the applicant to pass. Third Parties are not authorized to administer oral exams.

(4) Oral tests shall consist of the same number of questions or road signs as the corresponding written or automated tests which would ordinarily be given a literate applicant in the same situation. An applicant shall fail an oral test for the same reasons as for a written or automated test, as provided for in Rule 15A-1.012, F.A.C.

(5) Examiners shall record the fact that an applicant was given an oral examination by checking the “oral” box on the application. If the examination was administered in a language other than English, the “non-English” box shall also be checked.

(4)(6) 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 commercial 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 8/87, 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. The Department will issue local purchase orders up to one-hundred dollars ($100) for payment to interpreters of deaf or hearing impaired applicants.

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,____________.

 

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. Upon return to an examining office the applicant will be retested for visual acuity.

(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, Revised 6/11 3/90, and herein incorporated by reference), provided by the Department obtained at a local driver license office, 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 130 140 degrees.

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

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,____________.

 

15A-1.014 Driving Exam Administration Vehicle Inspection.

(1) Demonstration of driving ability shall be in a motor vehicle furnished by the applicant.

(1)(2) The following items Items listed in the “Florida Examiner’s Manual” (form HSMV-71999, Revised 6/27/91 and herein incorporated by reference), obtained from the Department at 2900 Apalachee Parkway, Tallahassee, Florida, 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.

(a) 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. The applicant will be required to return with an appropriate or repaired vehicle. The applicant may return and be tested in a different vehicle provided that vehicle has a valid tag (license plate) and passes the vehicle inspection.

(b) The Department is not responsible for impounding the applicant’s vehicle if it is defective nor is the Department liable if the applicant drives the vehicle.

(2)(3) 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)(4) 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)(5) Proof of valid motor vehicle insurance and license plate as required by Florida law, must be demonstrated for vehicles used for driving tests.

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,____________.

 

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, and herein incorporated by reference) Specific scoring criteria are listed in the “Florida Examiner’s Manual” (form HSMV-71999, as incorporated in Rule 15A-1.014, F.A.C.).

(2) Termination Failure to qualify, or termination of a test, will may also occur in the event of a crash, dangerous driving action, traffic law violation, or lack of cooperation or refusal to follow directions on the part of the applicant under the conditions listed in the “Florida Examiner’s Manual”.

(3) Applicants who fail to pass the driving test portion within five (5) attempts within a one year period shall have driving privileges be suspended for one (1) year as incompetent to drive incapable of operating a motor vehicle safely and will be served with a Order of License Revocation or Suspension (form HSMV-72101, Revised 1/88, and herein incorporated by reference).

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,____________.

 

15A-1.016 Test/Examination Failure; Disqualification: Procedure.

(1) Applicants are required to successfully complete the written tests 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 road rule, or road sign test/examination, another test/examination may be taken on the day of failure, examining time permitting.

(4) An applicant shall not be permitted to take more than one driving test on any one day unless specifically authorized by an office supervisor or higher authority.

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

 

15A-1.017 Re-examinations.

(1) Any driver whose driver license has been revoked or suspended by this state or another state, is required, after approval by the Department, to pass the license examinations for a new driver’s license as applicable according to the Florida Examiner’s Manual (form HSMV-71999, as incorporated in Rule 15A-1.014, F.A.C.) reinstatement procedures. Suspensions for financial responsibility reasons and under Section 318.15, F.S. are excluded.

(2) Section 322.29, F.S., authorizes the Department to require the driving test for certain suspensions, revocations and cancellations, pursuant to Section 322.221, F.S. These are:

(a) Suspensions:

1. Failed to pass driver’s license examination – out-of-state resident.

2. Failed to report for driver’s license examination – out-of-state resident.

3. Failed driver’s license examination (road test) 5 times.

4. Failed to pass when only the driving test is required.

5. Failed to pass required driver’s license examination.

6. Failed to report for the required driver’s license examination.

7. Failed to report when only the driving test is required.

8. Incapable of operating a motor vehicle safely.

9. Incapable of operating a motor vehicle safely – failed examination.

(b) Revocations: Incapable of operating a motor vehicle safely.

(c) Cancellations:

1. Altered birth date.

2. Complete examination required for driver’s license.

3. Counterfeit driver’s license not accepted for Florida License.

4. Driver’s license voluntarily surrendered.

5. Driving test required for driver’s license.

6. Examination required when restricted license expires.

7. Examination required for driver’s license.

8. Examination required to reinstate cancelled license.

9. Expired out-of-state license not accepted.

10. False information given on an application for a driver’s license.

11. Fraudulently altered driver’s license.

12. Not of age to hold a driver license.

13. Not of age to purchase driver’s license.

(3) All drivers determined by the Department to require re-examination as provided in Section 322.221, F.S., shall be notified by the Department at least 5 days prior to the date of the required examination. The license of any driver failing to be re-examined shall be automatically suspended and shall not be reinstated except as provided in subsection (1) of this section.

(4) Drivers being re-examined for commercial licenses who disqualify on the commercial license examination shall, upon qualifying by examination, be issued non-commercial licenses.

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____________.

 

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 exceptions listed in paragraph (5) below, 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 the request for an administrative hearing by personal letter or on an Application for Administrative Hearing Hardship License (form HSMV-78306 72306, Revised 12/13 12/91, and herein incorporated by reference), obtained from a Department local Driver Improvement office, and the following:

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

(b) A Statement of Hardships (form HSMV- 72307, Revised 9/92, and herein incorporated by reference), obtained from a local  Driver Improvement office, containing the following: full name; address; date of birth; driver’s license number; date and reason for suspension, revocation or cancellation; and statements as to why a driver’s license is needed; applicant’s intentions regarding driving habits, if license is returned; and a list of all arrests for traffic violations in this and any other state.

(c) Three letters of recommendation from respected persons in the community in which the applicant resides.

(c)(d) 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(1)(c), 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 within three months from the first hearing.

(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.

(5) Exceptions to reinstatement on a limited restricted basis:

(a) Persons who have been convicted of two or more violations of Section 316.193, F.S., which does not result in a five or ten year revocation.

(b) Persons suspended two or more times for refusal to submit to a breath, blood or urine test pursuant to Section 322.261, F.S., are prohibited reinstatement on a restricted basis until the suspension period expires.

(c) Persons revoked for five years for two convictions of driving under the influence or driving with an unlawful blood alcohol level within five years, must serve twelve months of the revocation period, complete a Department approved substance abuse course, be under the supervision of a DUI school, abstain from drinking, and abstain from driving for a 1 year period prior to applying for reinstatement on a restricted basis.

(d) Persons revoked for ten years for three convictions of driving under the influence or driving with an unlawful blood alcohol level within a ten year period, must serve twenty-four (24) months of the revocation period, complete a substance abuse course, be under the supervision of a DUI school, and abstain from drinking, and abstain from driving for a 1 year period prior to application for a restricted driver’s license.

(e) Persons permanently revoked for four or more convictions of driving under the influence or DUI manslaughter, or because of a conviction of manslaughter resulting from the operation of a motor vehicle or vehicular homicide and has been convicted of driving under the influence, or DUI manslaughter may, upon the expiration of 5 years after the date of such revocation, petition the Department for reinstatement of driving privilege. It must be demonstrated to the Department that the petitioner has not been arrested for a drug-related offense during the revocation period, not have driven a motor vehicle without a license for at least five years, been drug free for at least five years prior to the hearing, and has completed a court approved substance abuse driver training course. The person must be supervised under a court-approved DUI program conducting substance abuse education, and report to the program for counseling evaluation and education at least four times a year, or as required by the program, for the remainder of the revocation period.

(f) Habitual offenders must serve the first year of their five year revocation prior to possible reinstatement.

(g) Persons suspended under the financial responsibility law are prohibited from any reinstatement until they comply with the requirements of the law in Chapter 324, F.S.

(h) Persons suspended pursuant to Sections 318.15 and 322.245, F.S.

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, ____________.

 

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 hearing to present evidence showing why their driving privilege should not have been cancelled, suspended or revoked. Application for such review hearing shall be made by personal letter or on an Application for Hardship License (form HSMV-72306, as incorporated in Rule 15A-1.019, F.A.C.), specifying the action for which the review is requested, and the documents in the possession of the Department which the licensee requests to review.

Rulemaking Authority 322.02 FS. Law Implemented 120.57, 322.27(1), 322.222, 322,221 FS. History–New 12-22-92, Amended_______________.

 

15A-1.021 Cancellation.

(1) Upon determining that a licensee is not entitled to the issuance of a license, the Department shall cancel the driver’s license.

(2) If payment of fee for a license, or identification card is made by a bad or worthless check or counterfeit bill, the Department shall, prior to cancellation of the license or identification card, attempt to contact the person and afford the opportunity to retain the license upon restitution and payment of legally required penalties. Restitution and payment of required penalties shall be made by mailing to the Department in Tallahassee a certified check or money order in the required amount. No field employee of the Department shall accept any restitution and/or penalty payment for bad or worthless check or counterfeit bill. Upon cancellation for bad or worthless check or counterfeit bill, the license or identification card must be surrendered to the Department. A new license or identification card shall not be issued unless the applicant presents written authorization from the Department in Tallahassee, verifying that all payments have been received.

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

 

15A-1.023 Appointments.

The Department shall provide appointments for applicants for limited or full driver license services at the local driver license offices.

Rulemaking Authority 322.02 FS. Law Implemented 322.02 FS. History–New 12-22-92, Repealed____________.

 

15A-1.024 Temporary Driving Permits.

(1) A Temporary Driving Permit (form HSMV-71900, as incorporated in Rule 15A-1.020, F.A.C.) shall be issued by the Department at local driver licenses offices, in lieu of a driver’s license in the following cases:

(a) Persons issued a letter requiring reexamination pursuant to Section 322.221, F.S.

(b) Applicants who fail the vision test, but meet the minimum standard, and whose Florida or out-of-state license is about to expire.

(c) Applicants who have been referred for medical reports.

(d) When the central computer and field terminals are both inoperable, a permit shall be issued for original and renewal applicants upon meeting the requirements for the issuance of an original or renewal license.

(e) When the camera is inoperable and a license cannot be issued.

(f) Applicants recently renewing their driver’s license, who are applying for a duplicate before the record is updated.

(g) Persons who have been convicted of their first DUI offense, who have been issued Court Order (form HSMV-72310, Revised 7/91, and herein incorporated by reference), by a Florida court ordering the issuance of a Temporary Driving Permit, if otherwise eligible, or persons receiving their first suspension pursuant to Section 322.261, F.S., and having been issued Court Order (form HSMV-72311, Revised 4/87, and herein incorporated by reference) by a Florida court ordering the issuance of a Temporary Driving Permit, if otherwise eligible.

(h) Drivers who have surrendered valid Florida licenses prior to the effective date of a Florida revocation or suspension and who are applying for an administrative hearing.

(i) If the holder of a valid out-of-state license has a post-dated Florida suspension or revocation, the out-of-state license shall be picked-up and the applicant issued a permit up to the day preceding the effective date of the revocation or suspension.

(j) Any applicant applying for a motorcycle endorsement who passes a motorcycle knowledge test.

(k) Persons for whom driving tests are required as specified in Section 322.21, F.S. or subsection 15A-1.017(2), F.A.C.

(2) No Temporary Driving Permit may be issued to holders of valid driver licenses or Florida identification cards, unless license or identification card is surrendered.

(3) Florida DUI Uniform Traffic Citations (forms HSMV 75903 and 75904, both revised 10/91, and herein incorporated by reference) issued by law enforcement officers, shall serve as a 7 day temporary driving permit for eligible persons arrested for DUI.

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

 

15A-1.026 Express Renewal Offices.

(1) Express renewal offices located at various sites in Florida will provide express driver license renewal service to holders of Florida licenses.

(2) These express offices are authorized to issue licenses for applicants who apply for renewal, replacement or duplicate licenses of identification cards.

(3) Vision tests and road sign examinations, required for driver license renewals, will also be administered at the express offices.

Rulemaking Authority 322.02 FS. Law Implemented 322.18, 322.19 FS. History–New 12-22-92, Repealed____________.

 

15A-1.027 Driver Education Licensing Assistance Program (DELAP).

(1) DELAP will utilize driver education instructors to assist the Department in licensing new drivers. Students who successfully complete the Department’s road rule/road sign examination are eligible for issuance of a Driver Education/Written Examination Waiver (form HSMV-71701, Revised 8/85, and herein incorporated by reference) by the driver education instructor. This form is known as the white waiver form. Students who satisfactorily complete a Department of Education (DOE) approved driver education course in the public secondary schools will receive a Driver Education/Road Test Waiver (form HSMV-71702, Revised 2/88, and herein incorporated by reference), from their driver education instructor, which can be used in lieu of the Department road test. This form is known as the pink waiver form. Only those driver education courses meeting the following requirements will be approved by the Department to participate in this program.

(a) Instructional personnel are DOE certified driver education instructors.

(b) Courses follow the DOE curriculum framework and student performance standards approved by the school boards’ pupil progression plan.

(c) Courses are a full semester in length.

(d) Each school offering the DELAP program shall be included in a public secondary, education program.

(2) There are two driver education curriculum frameworks: 1). Driver Education/Traffic Safety-Classroom 1900300; and 2). Driver Education/Traffic Safety-Classroom and Laboratory 1900310. Students enrolled in either course who successfully pass the Department’s road rules/road sign examination may use the white waiver form to apply for the restricted driver’s license without taking further road rule/road sign examinations in a driver license office. Students completing the classroom and laboratory course may use the pink waiver form, to apply for their operator license without taking the Department driving test, except as specified for spot checking. Each driver license office supervisor is responsible for the random testing of pink waiver holders. Not less than two or not more than five students per semester shall be spot-tested.

(3) Waiver Issuance.

(a) When students demonstrate mastery of the basic rules of the road through use of the Department’s road rules/road sign examinations, they will be given a white waiver form, by their driver education instructor. The waiver form will be signed by the driver education instructor and the school administrator or designee. The school administrator or designee may use a facsimile stamp of their signature. Students will be informed that if they want to apply for a restricted driver license, they must take the white waiver form, along with their parent or a signed and notarized Parent Consent For Driver Application Of Minor Under 18 (Form HSMV-71022, as incorporated in subsection 15A-1.001(2), and a valid birth certificate, to the local driver license office within one year. Students must be prepared to take a vision test at the driver license office.

(4) Upon successful completion of the laboratory course students will receive the pink waiver form. Students will be informed that they can take the Department’s pink waiver form to the local driver license office within one year to apply for their operator license. Students holding forms over one year from the date of issuance will be required to successfully pass the appropriate examination at the driver license office. Students are subject to a spot check, as specified in subsection (2) above by an examiner at the examining office. This will determine if students are safe and competent drivers and comply with guidelines governing driver license examiners to promote uniformity in both agencies in validating the program.

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

 

15A-1.028 Fraudulent Driver License Applicants.

(1) All applicants making fraudulent applications for driver licenses are subject to a one year suspension of their driving privilege and all driver’s licenses and all supporting documents in their possession will be confiscated and held as evidence. These applicants shall also forfeit to the Department any license fees paid at the time the fraudulent act was committed. Upon reinstatement, these applicants must pay reinstatement fees and applicable license fees.

(2) All applicants making fraudulent applications for driver licenses are subject to felony arrest or being issued a misdemeanor citation.

(3) The above penalties shall be imposed at the time the fraudulent act is committed, or after the fact, if the fraudulent application is not immediately discovered.

(4) Designated Department personnel are authorized to issue Florida Uniform Traffic Citations to applicants making fraudulent applications in violation of state law.

(5) Examining personnel in driver license offices will be trained in the Department’s driver license fraud prevention program and will actively seek to discover any fraudulent applications for a driver’s license or identification card.

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____________.

 

15A-1.0296 Substance Abuse Courses Required for Licensing.

(1) In compliance with Florida Statutes, to ensure that driver license applicants who have never been licensed in any jurisdiction complete an approved traffic law and substance abuse education course as a prerequisite to license issuance, the following procedures apply:

(a) All applicants applying for their first driver license, having never been licensed in any state or country, or the evidence of such licensing is not available, must present to the examiner written verification of a substance abuse course completion on official school forms or letterhead stationary. Photocopies are not acceptable. In the event the applicant has not yet completed such course requirement at the time of the initial application for driver license examination, the complete examination shall be conducted. After the applicant passes all required tests, a non-renewable temporary driving permit valid for a period of 60 days from the date of issuance, shall be provided without charge to the applicant under the same terms and conditions as the license for which application was made.

(b) When the applicant presents written verification of this course completion and has met all other requirements, the driver license shall be issued at which time the license fees are collected.

(2) Exceptions:

(a) The requirements for completion of a traffic law and substance abuse course do not apply to persons who present documentary evidence that they:

1. Have completed a Department of Education driver education course offered pursuant to Section 233.063, F.S.; or

2. Have been previously licensed in the United States or its territorial possessions; or

3. Have been previously licensed in a country or a territorial possession of a country which is a party to the United Nations Convention on Road Traffic (Geneva, 1949) or the Convention on the Regulation of Inter-American Automotive Traffic (Washington, 1943), both of which have been ratified by the United States. Parties to these conventions are listed in the American Automobile Association’s Digest of Motor Laws, fifty-fifth edition.

Rulemaking Authority 322.02 FS. Law Implemented 322.08, 322.095 FS. History–New 12-22-92, Repealed____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julie Gentry, Bureau Chief, Department of Highway Safety and Motor Vehicles

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 13, 2013