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Administrative Suspension

Formal Review Hearing of the Administrative Suspension

After a DUI arrest in Tampa, Hillsborough County, Florida, you have 10 calendar days to request a formal review hearing. Requesting a formal review hearing allows you to contest the administrative suspension of your driver's license. Read more about Florida Administrative Code (FAC) Rule 15A-6.006 for the "Request for Review" during a formal review hearing. If you lose the hearing, the Florida Department of Highway Safety and Motor Vehicle (FDHSMV) will uphold the suspension. The suspension will remain on your record for 75 years. If you win the hearing then the suspension will be forever "invalidated" and disappear from your driving record as if it never happened.

Only one downside exist to requesting the formal review hearing - if this is your first offense, you can avoid any possibility of a "hard suspension" if you appear at the BAR office within 10 days of the arrest with proof that you enrolled in DUI school and request a "waiver review hearing." If the hearing officer is convinced that you have waived all of your rights then the suspension will remain on your driving record but you can obtain an immediate hardship permit instead of suffering a "hard suspension." By requesting a "waiver review hearing" you are waiving all your rights and essentially stipulating to the administrative suspension of your license. For most people, it is better to demand a formal review hearing and risk the possible hard suspension.

In other words, the only downside to requesting the formal review hearing is that if you are not successful getting the suspension invalidated, then you will suffer a 30 day hard suspension if you took the breath test or a 90 day hard suspension if you refused testing. If you have a prior DUI arrest or administrative suspension then the "waiver review hearing" is not an option and there is no downside to demanding the formal review hearing.

Before you decide, contact an attorney to discuss what you must do to preserve your rights during this important part of the case. 


What is the impact of the criminal case on the suspension? 

  • If the suspension resulted because the driver allegedly blew over the legal limit of 0.08, the driver can have the suspension removed if he obtains a "not guilty" verdict at trial.
  • The suspension will not be removed when the person charged with DUI for refusal to submit to a breath, blood or urine test obtains a "not guity" verdict at trial.
  • If the driver obtains a certified court order indicating the driver was not the person arrested (a case of mistaken identity or identity theft);
  • If the driver obtains a statement from the suspending officer withdrawing the suspension;
  • If the driver obtains a statement from the prosecuting attorney indicating mistaken identity.

See HSMV 78002 (Rev. 1006) S.

Contact a criminal defense lawyer at the Sammis Law Firm to discuss this very important part of any DUI case. For your convenience we have provided a copy of the Florida Administrative Code related to this topic. Please be aware that other requirements not listed in this rule apply.


DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES           

Division of Driver Licenses

CHAPTER 15A-6
ADMINISTRATIVE SUSPENSION REVIEW HEARINGS

15A-6.001    Purpose
15A-6.002    Definitions
15A-6.003    Filing
15A-6.004    Computation of Time
15A-6.005    Notice of Suspension/Disqualification
15A-6.006    Request for Review
15A-6.007    Appearances
15A-6.008    Recusal
15A-6.009    Location of Hearings
15A-6.010    Motions
15A-6.011    Notice of Hearing; Prehearing Order
15A-6.012    Subpoenas
15A-6.013    Formal Review; Introduction of Evidence; Order
15A-6.014    Preservation of Testimony
15A-6.015    Failure to Appear
15A-6.018    Informal Review
15A-6.019    Judicial Review
15A-6.020    Forms


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 Sections 322.2615, 322.2616 or 322.64, F.S.

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.


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.

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.


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.
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.


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.

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.


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.

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.


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.

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.


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.

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.


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.

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.


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.

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.


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.

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.


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.

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.


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 (formatting added):

  • 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.

[Note: If you want to complain that a witness failed to appear, be ready to enter into the record proof that the subpoena was served (and the proof of service must include all of the informationed mentioned above), proof that a witness fee was paid (the check can be served with the subpoena and referenced in the proof of service), and proof that the assistant state attorney was notified of the issuance of the subpoena with a copy of the issued subpoena prior to it having been served.]

(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.

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.


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.

[Note: An issue in many of these cases is whether a due process violation requiring invaliation of the suspension has occurred because the hearing is "improperly" continued outside of the 30-day period. The delay is often caused by a witness failing to appear at the hearing after having first requested a continuance. The Department takes the position that any request for a continuance made before the hearing or two days after the hearing is always sufficient to avoid invalidating for this reason. 

If the hearing is delayed past the 30 day period, an objection could be made showing why the continuance was improper under the rules and the prejudice to the driver including the fact that the hearing was not conducted within the 30 day period as required by this rule.

In some cases, if an essential witness fails to appear at the hearing and that witness requested a continuance then the hearing officer will ask (or demand) that the driver to move to continue. If the driver moves to continue then the Department will argue that the driver waived any objection to this issue. Instead, the driver should say,

"I am NOT moving to continue. Instead, I object to the continuance. Becasue the arresting officer or breath test operator failed to appear the statute requires that suspension "shall" be invalidated. I am now submitting proof of service of the subpoena, proof of payment of the witness fee, and proof that the State Attorney's Office was notified of the issuance of the subpoena. Please mark these documents so that they can be moved into the record as the driver's composite exhibit A. Based on the witnesses failure to appear here today, I now move to invalidate the suspension.

If that is denied, ask the hearing officer if the witnesses request for continuance is being granted? If so, there is nothing else for the driver to do except object to the continuance and then appear when it is rescheduled. It is a violation of due process and the administrative rules to demand that the driver must request a continuance when it is the witness that is requesting the continuance and that issue should be ruled upon first. Anytime you make an argument of a due process violation you must also move to invalidate based on that due process violation. Renew that motion to invalidate based on each due process violation at the end of the hearing as well.] 

(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.

[Note: This provision applies only to documents submitted by a law enforcement officer or agency. If the department submits the documents then you should object that no extrinsic evidence of authenticity has been provided which is a condition precedent to the admisibility of the document. Pursuant to rule 15A-6.013(3) if the document is not self authenticating then it can only be introduced into evidence if it has been properly authenticated by a witenss or under statute permitting its introduction by another method of authentication. ]

(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.

[Note: If the hearing officer refused to allow you to cross-examine opposing witnesses, then the hearing officer has violated Rule 15A-6.013(5)]

(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.

[Note: If the hearing officer tries to limit evidence or cross examination, proffer a showing of why the questioning or evidence tends to prove or disprove a material fact such as the basis of a lawful stop or whether probable cause existed for the arresting officer to make a DUI arrest.]

(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 Sections 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.

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.


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.

[Note: If you bring a court reporter, the court reporter's transcript becomes the "official transcript" and you must mail a copy to the Division. In many cases, the DUI defense attorney will order a copy for purposes of impeaching the State's witness at trial.]

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.


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.

[Note: Despite the language of FAC 15A-6.015, the statute says that if the arresting officer or breath test operator fails to appear then the hearing officer SHALL invalidate. Under the plain language of the statute, there is no exception to that rule just because of a "notification" to the department of a witness's non-appearance with just cause prior to the start of a hearing. If the hearing officer mentions such notification, ask for proof of such notification on the record and ask that a copy of the document be entered into the record as an exhibit.]

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

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.


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 Sections 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.

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.


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.

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.


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).

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.