NOTICE IS HEREBY GIVEN THAT the Department of Highway Safety and Motor Vehicles (DHSMV) issued an Order Denying Rule Variance or Waiver under Section 120.542, Florida Statutes, on July 24, 2007, to Jonathan J. Luca, Esquire, on behalf of Petitioner,...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-10.029: Special Supervision Services (SSS) and Statutory Eligibility

NOTICE IS HEREBY GIVEN THAT the Department of Highway Safety and Motor Vehicles (DHSMV) issued an Order Denying Rule Variance or Waiver under Section 120.542, Florida Statutes, on July 24, 2007, to Jonathan J. Luca, Esquire, on behalf of Petitioner, Michael S. Ennis. The petition requesting the variance or waiver was received by DHSMV on April 25, 2007. Notice of receipt of the petition requesting the waiver was published in Vol. 33, No. 21 of the F.A.W., on May 25, 2007. No public comment was received. The Petitioner sought a variance from or waiver of subsection 15A-10.029(5), Florida Administrative Code, which states as follows:

No person shall be eligible for reinstatement in the Special Supervision Services who has previously been reinstated and had that reinstatement cancelled due to current substance abuse. In such a situation the entire statutory revocation period must be served.

This Order rules that the Petition fails to demonstrate that the underlying purpose of the statute has or will be achieved by other means by the Petitioner and that the application of the rule creates a substantial hardship or violates principles of fairness.

A copy of the Order may be obtained by contacting: Mark J. Hiers, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Neil Kirkman Building, Room A-432, Tallahassee, Florida 32399-0504.