DHSMV
v.
BELL
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The Ninth Judicial Circuit Court denied a petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' license suspension decision. The court held that its review of license suspensions based on conviction patterns is limited to whether the pattern meets statutory requirements, not the validity of the underlying convictions.
The court held that judicial review of the Department's decision to suspend a license based on a pattern of convictions is limited to whether the pattern meets the statutory requirement for suspension, not whether the underlying convictions themselves are valid. Only the motorist's copy of the citation is required to contain the statutorily required options.
[1] A court may grant a motion for rehearing to reconsider its prior order.
[2] A court may vacate its prior order and substitute a new decision upon granting a motion for rehearing.
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Join FLexlaw to unlock all legal intelligence“this Court's review of the Department's decision to suspend a license based on its own records was limited to whether the pattern of convictions met the statutory requirement for suspension, not whether the convictions were valid”
Establishes the narrow scope of judicial review in license suspension cases based on conviction patterns
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Join FLexlaw to unlock all legal intelligenceThe Department of Highway Safety and Motor Vehicles issued a license suspension to Respondent Bell based on a pattern of motor vehicle convictions. Pe…
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FINAL ORDER GRANTING RESPONDENT’S MOTION FOR REHEARING AND DENYING PETITIONER’S PETITION FOR WRIT OF CERTIORARI
THIS MATTER came before the Court for consideration of Respondent’s “Motion for Rehearing and/or Rehearing En Banc,” filed on August 26, 2010. This Court having reviewed the motion, the response, the Final Order Granting Petition for Writ of Certiorari, entered on August 17, 2010, the court file, and being otherwise fully advised in the premises, finds as follows: In her response, Petitioner did not deny Respondent’s assertions in its verified motion that only the motorist’s copy of the citation was required to contain the statutorily required options and that this Court’s review of the Department’s decision to suspend a license based on its own records was limited to whether the pattern of convictions met the statutory requirement for suspension, not whether the convictions were valid. See Dept. of Highway Safety and Motor Vehicles v. Bell, 50 So. 2d 472 (Fla. 5th DCA 1987). Accordingly, it is hereby ORDERED AND ADJUDGED that: 1. Respondent’s Motion for Rehearing is DENIED IN PART as to its request for rehearing en banc and GRANTED as to all other aspects; 2. This Court’s Final Order Granting Petition for Writ of Certiorari, entered on August 17, 2010, is VACATED and this decision is substituted in its place; and 3. Petitioner’s Petition for Writ of Certiorari is DENIED.
DONE AND ORDERED at Orlando, Florida this __26___day ___October__________,
2010.
_____/S/______________________
ROM W. POWELL Senior Judge
______/S/______________________ _____/S/______________________ REGINALD WHITEHEAD
JANET C. THORPE Circuit Judge
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished via U.S. mail on this 26 day of October , 2010, to the following: Gerald S. Rutberg, Esquire, 377 Maitland Avenue, Suite 1001, Altamonte Springs, Florida 32701 and Jason Helfant, Assistant General Counsel, DHSMV-Legal Office, Post Office Box 540609, Lake Worth, Florida 33454-0609.
/S/
Judicial Assistant