767287, 15A-6 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 767287

Notice of Proposed Rule

Department:

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division:

Division of Driver Licenses

Chapter:

ADMINISTRATIVE SUSPENSION REVIEW HEARINGS

Overview

RULE:

15A-6	ADMINISTRATIVE SUSPENSION REVIEW HEARINGS
15A-6.005	Notice of Suspension/ Disqualification
15A-6.006	Request for Review
15A-6.009	Location of Hearings
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

PURPOSE:

The purpose of the proposed rule action is to amend the current rule to reflect the 2006 revision to section 322.2615 Florida Statute, Suspension of license; right to review.  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. Currently a law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who has been arrested by a law enforcement officer for a violation of Section 316.193, F.S., relating to unlawful blood-alcohol level or breath-alcohol level, or of a person who has refused to submit to a breath, urine, or blood test authorized by Section 316.1932, F.S.  The changes reflected in the 2006 revision to section 322.2165, Florida Statute, provide for further separation of the suspension of the driving privilege and the criminal charge for a violation of Section 316.193, F.S., Driving Under the Influence (DUI).  These changes make the suspension purely an administrative function pursuant to Section 322.2615 F.S.   The lawful arrest for the criminal charge for DUI is no longer an issue to be considered at a review hearing conducted pursuant to Section 322.2615 F.S. The changes allows for the crash report to be submitted into evidence for the hearing officer consideration when making their decision and hearing officers are only authorized to issue subpoenas to officers and witnesses identified in particular documents submitted pursuant to Section 322.2615(2) F.S.  In addition a law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of certiorari.

SUMMARY:

The changes reflected in the 2006 revision to section 322.2165, Florida Statute, provide for further separation of the suspension of the driving privilege and the criminal charge for a violation of Section 316.193, F.S., Driving Under the Influence (DUI).   The lawful arrest for the criminal charge for DUI is no longer an issue to be considered at a review hearing conducted pursuant to Section 322.2615 F.S.   The changes allows for the crash report to be submitted into evidence for the hearing officer consideration when making their decision and hearing officers are only authorized to issue subpoenas to officers and witnesses identified in particular documents submitted pursuant to Section 322.2615(2) F.S.   In addition a law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of certiorari.

RULEMAKING AUTHORITY:

322.2615, 322.2616, 322.64 FS.

LAW:

322.2615, 322.2616, 322.64 FS.

PRINT PUBLISH DATE:

10/27/2006 Vol. 32/43

COMMENTS:

From 10/27/2006 To 11/17/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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