724025, 15A-6 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 724025

Notice of Development of Rulemaking

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 s. 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 s. 316.1932, F.S..  
The changes reflected in the 2006 revision to section 322.2165, Florida Statutes, provide for further separation of the suspension of the driving privilege and the criminal charge for a violation of s. 316.193, F.S., Driving Under the Influence (DUI).  These changes make the suspension purely an administrative function pursuant to s. 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 s. 322.2615 F.S.    The changes allow for the crash report to be submitted into evidence for the hearing officers’ 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 s. 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.

SUBJECT:

Administrative Suspension Review Hearings

RULEMAKING AUTHORITY:

322.2615, 322.2616, 322.64 FS.

LAW:

322.2615, 322.2616, 322.64 FS.

PRINT PUBLISH DATE:

9/29/2006 Vol. 32/39

RELATED STATUTES
AND LAWS:

322.2615, 322.2616, 322.64 FS., 322.2615, 322.2616, 322.64 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=15A-6&PDate=9/29/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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