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 ...

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-6: ADMINISTRATIVE SUSPENSION REVIEW HEARINGS
15A-6.005: Notice of Suspension/ Disqualification
15A-6.006: Request for Review
15A-6.009: Venue
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 AND EFFECT: 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 AREA TO BE ADDRESSED: Administrative Suspension Review Hearings
SPECIFIC AUTHORITY: 322.2615, 322.2616, 322.64 FS.
LAW IMPLEMENTED: 322.2615, 322.2616, 322.64 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Danny C. Watford, Bureau Chief, Department of Highway Safety and Motor Vehicles, Division of Driver Licenses, Bureau of Administrative Reviews, 2900 Apalachee Parkway, Room C305, Mail Stop 81, Neil Kirkman Building, Tallahassee, Florida 32399-0571 [phone].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.