Current through Reg. 50, No. 187; September 24, 2024
(1) The issuance of the Uniform Traffic
Citation, HSMV Form 75903, or HSMV Form 75904, will inform the driver of the
following:
(a) The suspension or
disqualification of the driving privilege if the driver's blood-alcohol or
breath-alcohol level is .08 or higher or the driver refused to submit to a
breath, urine or blood test.
(b)
The issuance of a 10 day temporary driving permit commencing upon the date of
issuance of the notice of suspension and expiring at midnight on the 10th day
following the date of suspension, provided that the driver is otherwise
eligible to drive. The provisions of Rule
15A-6.004, F.A.C., shall not
apply to this paragraph.
(c) The
driver's right to request a formal or informal review, and the procedures to be
followed in obtaining a formal or informal review.
(d) The issues to be considered by the
division in a formal or informal review.
(e) A copy of the notice of suspension
submitted by a law enforcement or correctional officer shall constitute
evidence that the driver received a temporary permit and notice of the reason
for the suspension.
(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.
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.
New 10-1-90, Amended 10-17-90, 10-7-91, 1-12-94, 1-2-96,
7-3-97, 3-11-07.
