The purpose and effect of this proposed rulemaking is to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.  


  • RULE NO.: RULE TITLE:
    15A-1.001: Applications
    15A-1.0011: Definitions
    15A-1.0012: Identification and Proof of Date of Birth Required for Driver License or Identification Card
    15A-1.002: Restricted Licenses
    15A-1.005: Current Licenses; Relinquishment
    15A-1.006: Identification Cards
    15A-1.007: Suspended, Disqualified, or Revoked Licenses; Approval
    15A-1.011: Service Fee
    15A-1.018: Point Determination; Suspensions
    15A-1.020: Duplicate and Replacement Licenses
    15A-1.025: Motorcycle Examinations; Written Knowledge Test; Pre-Test Motorcycle Inspection; On-Cycle Skill Test and Applicant Requirements; Scoring Criteria
    15A-1.029: Distribution of Organ Donor Registration Forms
    15A-1.0291: Organ Donor Registration Form
    15A-1.0292: Funding of an Organ Donor Program
    15A-1.0293: Donor Registry
    15A-1.0294: Donor Identification
    15A-1.0295: Donor Withdrawal
    15A-1.0297: School Attendance Required for Licensed Drivers Between 15 - 18 Years of Age
    15A-1.0298: Insulin Dependent Diabetics License Issuance
    15A-1.0299: Examination, Temporary Driving Permit and Driver's License Denial
    PURPOSE AND EFFECT: The purpose and effect of this proposed rulemaking is to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
    SUMMARY: These rules were identified during the comprehensive rule review as containing provisions that are no longer applicable, are antiquated, or are duplicative, and, thus, are appropriate for repeal.
    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has determined that these proposed rules are not expected to require legislative ratification because they are being repealed to reduce unnecessary regulation.
    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: 20.05(6), 20.24, 322.02, 322.02(3), 732.921, 732.921(2) FS.
    LAW IMPLEMENTED: 240.265, 316.211, 322.01, 322.03, 322.05(3), 322.05, 322.051, 322.0601, 322.08, 322.08(2), 322.09, 322.09(1)(b), 322.12, 322.121, 322.141, 322.16, 322.17, 322.25, 322.27, 322.29, 338.239, 732.915, 732.916, 732.921, 732.921(1) 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: May 29, 2012, 2:00 p.m.
    PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room #A432, 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: Stan Kirkland, 2900 Apalachee Parkway, Tallahassee, Florida 32399, stankirkland@flhsmv.gov, (850)617-2902. 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: Stan Kirkland, 2900 Apalachee Parkway, Tallahassee, Florida 32399, stankirkland@flhsmv.gov, (850)617-2902

    THE FULL TEXT OF THE PROPOSED RULE IS:

    15A-1.001 Applications.

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

     

    15A-1.0011 Definitions.

    Rulemaking Specific Authority 322.02, 20.24 FS. Law Implemented 322.01 FS. History–New 12-22-92, Repealed________.

     

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

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

     

    15A-1.002 Restricted Licenses.

    Rulemaking Specific 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________.

     

    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.

    (1)(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.

    (2)(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 Specific Authority 322.02 FS. Law Implemented 322.05, 322.16 FS. History–New 11-20-75, Formerly 15A-1.02, Amended 12-22-92,________.

     

    15A-1.006 Identification Cards.

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

     

    15A-1.007 Suspended, Disqualified, or Revoked Licenses; Approval.

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

     

    15A-1.011 Service Fee.

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

     

    15A-1.018 Point Determination; Suspensions.

    Rulemaking Specific 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________.

     

    15A-1.020 Duplicate and Replacement Licenses.

    Rulemaking Specific 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________.

     

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

    Rulemaking Specific Authority 322.02 FS. Law Implemented 316.211, 322.03, 322.12 FS. History–New 12-22-92, Repealed________.

     

    15A-1.029 Distribution of Organ Donor Registration Forms.

    Rulemaking Specific Authority 322.02, 732.921(2) FS. Law Implemented 732.915, 732.921 FS. History–New 12-22-92, Repealed________.

     

    15A-1.0291 Organ Donor Registration Form.

    Rulemaking Specific Authority 322.02, 732.921(2) FS. Law Implemented 732.921(1) FS. History–New 12-22-92, Repealed________.

     

    15A-1.0292 Funding of an Organ Donor Program.

    Rulemaking Specific Authority 322.02, 732.921, 20.05(6) FS. Law Implemented 732.915, 732.921 FS. History–New 12-22-92, Repealed________.

     

    15A-1.0293 Donor Registry.

    Rulemaking Specific Authority 322.02, 732.921 FS. Law Implemented 732.915, 732.921 FS. History–New 12-22-92, Repealed________.

     

    15A-1.0294 Donor Identification.

    Rulemaking Specific Authority 732.921 FS. Law Implemented 732.916, 732.921 FS. History–New 12-22-92, Repealed________.

     

    15A-1.0295 Donor Withdrawal.

    Rulemaking Specific Authority 322.02, 732.921 FS. Law Implemented 732.916, 732.921 FS. History–New 12-22-92, Repealed________.

     

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

    Rulemaking Specific Authority 322.02 FS. Law Implemented 322.09, 322.0601 FS. History–New 12-22-92, Repealed________.

     

    15A-1.0298 Insulin Dependent Diabetics License Issuance.

    Rulemaking Specific Authority 322.02 FS. Law Implemented 322.141 FS. History–New 12-22-92, Repealed________.

     

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

    Rulemaking Specific Authority 322.02 FS. Law Implemented 322.05, 322.12, 322.121, 322.25 FS. History–New 12-22-92, Repealed________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Stan Kirkland, Division of Motorist Services
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 24, 2012

Document Information

Comments Open:
5/4/2012
Summary:
These rules were identified during the comprehensive rule review as containing provisions that are no longer applicable, are antiquated, or are duplicative, and, thus, are appropriate for repeal.
Purpose:
The purpose and effect of this proposed rulemaking is to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
Rulemaking Authority:
20.05(6), 20.24, 322.02, 322.02(3), 732.921, 732.921(2) FS.
Law:
240.265, 316.211, 322.01, 322.03, 322.05(3), 322.05, 322.051, 322.0601, 322.08, 322.08(2), 322.09, 322.09(1)(b), 322.12, 322.121, 322.141, 322.16, 322.17, 322.25, 322.27, 322.29, 338.239, 732.915, 732.916, 732.921, 732.921(1) FS.
Contact:
Stan Kirkland, 2900 Apalachee Parkway, Tallahassee, Florida 32399, stankirkland@flhsmv.gov, (850)617-2902
Related Rules: (15)
15A-1.001. Applications
15A-1.0011. Definitions
15A-1.0012. Identification and Proof of Date of Birth Required for Driver License or Identification Card
15A-1.002. Restricted Licenses
15A-1.005. Current Licenses; Relinquishment
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