Florida Regulations 15A-6.005: Notice of Suspension/ Disqualification
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(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 Fl. Admin. Code R. 15A-6.004, 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 Florida Statutes § 322.2616, 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 Fl. Admin. Code R. 15A-6.004, 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 Fl. Admin. Code R. 15A-6.004, 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.
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.
Terms Used In Florida Regulations 15A-6.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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 Fl. Admin. Code R. 15A-6.004, 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 Florida Statutes § 322.2616, 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 Fl. Admin. Code R. 15A-6.004, 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 Fl. Admin. Code R. 15A-6.004, 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.
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.