Florida HSMV Form 78065 Formal Informal License Review Guide

What Is Florida HSMV Form 78065?

HSMV Form 78065 is the official FLHSMV document used to request either a formal or informal administrative review of a driver’s license suspension or disqualification. It is authorized under Florida Administrative Code Rule 15A-6.006 and Florida Statutes § 322.2615 and § 322.64.

The form is primarily used in cases involving:

• DUI-related administrative suspensions (breath or blood alcohol level of 0.08 or higher)
• Refusal to submit to a lawful breath, blood, or urine test
• Certain commercial driver license (CDL) disqualifications

According to the official form (revised 02/2018), you must submit Form 78065 along with a $25 filing fee and a copy of your citation/notice of suspension to the appropriate Bureau of Administrative Reviews office within 10 days of the date of arrest or issuance of the notice, whichever is later.

Download the official form here: HSMV Form 78065 PDF

Why Filing Form 78065 Matters – The Critical 10-Day Deadline?

Under Florida law, a law enforcement officer who arrests you for DUI typically issues a notice of suspension and a temporary driving permit valid for 10 calendar days. If you do nothing, the full administrative suspension takes effect after those 10 days.

By timely filing Form 78065, you:

• Preserve your right to challenge the suspension
• May receive an extended temporary permit (often 42 days) while the review is pending
• Force the Department to schedule a hearing (for formal review) within 30 days of receiving your request

Missing the 10-day deadline generally means you lose the right to an administrative review of the suspension. Weekends and holidays count as calendar days.

Formal Review vs. Informal Review – Key Differences

Form 78065 allows you to choose one of the following options:

Formal Review

At a formal review hearing, a hearing officer may consider any relevant evidence, including live testimony from witnesses. You (or your attorney) can cross-examine the arresting officer and other witnesses, present evidence, and argue legal issues. The hearing is typically scheduled within 30 days of the Department receiving your request. Failure by the Department to schedule within 30 days can result in invalidation of the suspension.

References: Florida Statutes §§ 322.2615(6) and 322.64(6); Rule 15A-6.013, Florida Administrative Code.

Telephonic Formal Review

The same rights apply as a standard formal review, but the hearing is conducted by telephone. You must provide a reachable phone number on the form.

Informal Review

An informal review is limited to an examination of documents and materials submitted by the officer and the driver. No live testimony is allowed, and neither the driver nor the officer appears. The hearing officer decides based solely on the written record.

References: Florida Statutes §§ 322.2615(5) and 322.64(5); Rule 15A-6.018, Florida Administrative Code.

Most drivers facing DUI suspensions elect a formal review because it provides the opportunity to challenge the legality of the stop, the administration of tests, and other key issues through live testimony and cross-examination.

How to Complete HSMV Form 78065

Fill out the form completely and legibly. Incomplete or illegible forms may not be honored. Required information includes:

• Reason for suspension/disqualification
• Citation number
• Date of citation/notice and county where issued
• Driver license number and state
• Whether the license was surrendered, to whom, and the date
• Full legal name and date of birth
• Physical address and mailing address (if different)
• Telephone numbers (home and work) and email address
• Attorney information (if represented)
• Selection of formal, telephonic formal, or informal review
• Applicant’s signature and date

A copy of your citation (which serves as the notice of suspension) must accompany the form.

Filing Fee and Payment

A $25 filing fee is required. Make checks or money orders payable to “DDL” (Division of Driver Licenses). Cash is generally not accepted by mail. Some BAR offices may accept payment by other methods when filing in person or electronically—confirm with the specific office.

Where to Submit Form 78065?

Submit the completed form, fee, and citation copy to the Bureau of Administrative Reviews office indicated on your citation/notice of suspension. Florida currently operates eight regional BAR offices that serve all 67 counties:

• Clearwater – 4585 140th Avenue North, Suite 1002, Clearwater, FL 33762 – (727) 507-4405 – [email protected]
• Jacksonville – 7439 Wilson Boulevard, Jacksonville, FL 32210 – (904) 777-2132 – [email protected]
• Lauderdale Lakes – 3718-3 W. Oakland Park Blvd, Lauderdale Lakes, FL 33311 – (954) 677-5800 – [email protected]
• Miami – 7795 W. Flagler Street, Suite 82C, Miami, FL 33144 – (305) 265-3001 – [email protected]
• Orlando – 4101 Clarcona-Ocoee Road, Suite 152, Orlando, FL 32810 – (407) 445-5581 – [email protected]
• Pensacola – 100 Stumpfield Road, Pensacola, FL 32503 – (850) 494-5728 – [email protected]
• Tallahassee – 2900 Apalachee Parkway, Room B-154, Tallahassee, FL 32399 – (850) 617-2449 – [email protected]
• Tampa – 2814 East Hillsborough Avenue, Tampa, FL 33610 – (813) 276-5795 – [email protected]

Many offices accept submissions by mail, hand delivery, fax, or email (especially from attorneys). Always verify current submission methods and hours with the specific office.

What Happens After You File?

Once the BAR receives a timely request:

• For formal review, a hearing is scheduled within 30 days (unless waived).
• You may receive an extended temporary driving privilege while the matter is pending.
• The hearing officer will determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope is limited to specific statutory issues (probable cause, lawful arrest, and whether the person refused testing or had an unlawful alcohol level).

If the Department fails to schedule a formal hearing within 30 days of receiving the request, the suspension should be invalidated.

Hardship License Option

If you want a hardship (business or employment purposes only) license instead of, or in addition to, challenging the suspension, you must complete a separate form—HSMV 78306 (Application for Hardship or Administrative Hearing) or, in certain first-offense cases, HSMV 72034 (Request for Eligibility Review). Form 78065 itself does not request a hardship license.

Important Tips for Success

• Act immediately—calendar the 10-day deadline from the date of arrest or notice issuance.
• Keep copies of everything you submit and proof of timely filing (certified mail, email confirmation, or hand-delivery receipt).
• Consider consulting a Florida DUI or traffic attorney experienced with BAR hearings. The formal review process involves strict evidentiary rules and limited issues.
• You may change your request from formal to informal (or vice versa) no later than 10 days after filing the original request.
• Withdrawing a request means no review will be conducted.

Official Sources and Additional Resources

• Official Form Download: https://www.flhsmv.gov/pdf/forms/78065.pdf
• Florida Administrative Code Rule 15A-6.006 (Request for Review)
• Florida Statutes § 322.2615 (Suspension of License; Right to Review)
• Florida Department of Highway Safety and Motor Vehicles Forms page: https://www.flhsmv.gov/resources/forms/

Conclusion

Florida HSMV Form 78065 is the critical first step for drivers seeking to challenge an administrative license suspension or disqualification. Filing it correctly and on time—within the strict 10-day window—preserves your rights and can keep you driving while the review proceeds. Always use the official form from the FLHSMV website, include the required $25 fee and citation copy, and submit it to the correct Bureau of Administrative Reviews office.

Because the process involves complex legal and procedural requirements, many Florida drivers choose professional legal assistance to maximize their chances of a successful outcome at the formal review hearing.