STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, PETITIONER,
v.
SHERYL PADILLA, RESPONDENT
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The Florida Department of Highway Safety and Motor Vehicles appealed a circuit court decision that vacated an administrative driver's license suspension. The appellate court held that an affidavit stating the officer's grounds for belief, sworn under penalty of perjury, satisfies statutory requirements for probable cause documentation in administrative license suspension proceedings.
The court held that the affidavit, properly sworn before an authorized officer, constitutes a valid verification under section 92.525 and satisfies the statutory requirement for probable cause. An affidavit including language such as 'to the best of my knowledge and belief' is sufficiently verified and subjects the affiant to penalties of perjury.
[1] An affidavit stating "to the best of my knowledge and belief" is a valid verification under Florida law, subjecting the affiant to penalties for perjury.
[2] A written declaration under penalty of perjury, followed by a signature, can satisfy statutory verification requirements for documents.
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Join FLexlaw to unlock all legal intelligence“Section 92.525 contemplates that an affidavit may include such language and may be recognized as properly verified on information or belief and be sufficient to subject affiant to the penalties of perjury.”
Establishes that affidavits with 'to the best of my knowledge and belief' language are valid verifications under statute
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Join FLexlaw to unlock all legal intelligenceIn July 1992, a hearing officer sustained the Department's administrative suspension of Sheryl Padilla's driver's license under section 322.2615, Flor…
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NESBITT, Judge.
In July 1992, a hearing officer sustained the Department of Highway Safety and Motor Vehicles Bureau of Driver Improvement (the Department) administrative suspension of Sheryl Padilla’s driver’s license under section 322.2615, Florida Statutes (1991). Padilla petitioned the circuit court appellate division for a writ of certiorari to review the order. Finding a failure of proof at the administrative hearing, the circuit court appellate division granted the writ and directed the Department to vacate the suspension. The Department here requests this court to issue a writ of certiorari and to quash the lower court’s order. The jurisdiction of this court is invoked pursuant to Florida Rules of Appellate Procedure 9.030(b)(2) and 9.100. We grant the petition for writ of certiorari and quash the order of the circuit court and order the administrative suspension of Padilla’s driving privilege reinstated.
Section 322.2615(2), Florida Statutes (1991) requires “an affidavit stating the officer’s grounds for belief that the person arrested was in violation of section 316.193.” Below, Padilla challenged the competency of the evidence received proving the requirement in section 322.2615(7)(b)l, “[w]hether the arresting law enforcement officer had probable cause to believe that the person driving was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or controlled substances.” The proof of probable cause in the instant case consisted of the arresting officer’s written statement to which he swore, “The above statement is correct and true to the best of my knowledge and belief.” There is no evidence to dispute that the affiant was fully and properly sworn before an authorized attesting officer. Section 92.525 states, in part, as follows:
(1) When it is authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner: (a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or (b) By the signing of the written declaration prescribed in subsection 2.
(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing (document) and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words ‘to the best of my knowledge and belief may be added. (Emphasis added.) The written declaration shall be printed or typed at the end of, or immediately below, the document being verified and above the signature of the person making the declaration.
(4) As used in the section: ... (b) The term ‘document’ means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading or paper; (e) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state, under oath, or affirm that the facts or matters stated or recited in the document are true, or words to that import or effect. (Emphasis added.)
Thus, section 92.525 contemplates that an affidavit may include such language and may be recognized as properly verified on information or belief and be sufficient to subject affiant to the penalties of perjury. Padilla cites Scott v. State, 464 So. 2d 1171 (Fla.1985), a case which deals with a construction of the Florida Rules of Criminal Procedure. In the instant case, we are dealing with a substantive power of the legislature to make law. Unquestionably, they have the power to determine what is considered an oath or verification. The language here under consideration was no more than a verification, part and parcel, of the document.
Accordingly, we grant the petition for writ of certiorari and quash the order under review and order the administrative suspension be reinstated.
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Mieles v. S. Miami Hosp., 659 So. 2d 1265 (Fla. 3d DCA 1995)…uirement of section 766.203, and was permissible when initially and timely filed, therefore making immaterial the subsequent late filing of the notarized copy of the doctor’s opinion. See State, Dept. of Highway Safety and Motor Vehicles v. Padilla, 629 So. 2d 180 (Fla. 3d DCA 1993), review denied, 639 So. 2d 980 (Fla.1994). Accordingly, we reverse the order dismissing the complaint and remand for further proceedings.…
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Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005)…d no affect on its validity. Accord Goines (applying section 92.525 to section 948.06); see also Shearer (Rule 8.987 form of oath requiring notary satisfied by section, 92.525 verification); State Dep’t of Highway Safety & Motor Vehicles v. Padilla, 629 So. 2d 180 (Fla. 3d DCA 1993) (section 92.525 “verified” document satisfied affidavit requirement of section 322.2615(2), Florida Statutes). Although not argued in the bare-bones petition filed here, and left unresolved in Jackson, the majority bulwarks its o…1 / 2
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Ruiz v. State, 908 So. 2d 508 (Fla. 5th DCA 2005)…he “affidavit” filed here, the lack of notarization did not render it defective. Goines v. State, 691 So. 2d 593 (Fla. 1st DCA 1997);1 see Shearer (rule 3.987 form of oath requiring notary satisfied by section 92.525 verification); State v. Padilla, 629 So. 2d 180 (Fla. 3d DCA 1993) (finding that section 92.525 “verified” document satisfied affidavit requirement of section 322.2615(2), Florida Statutes). . In Jackson, we attempted to distinguish Goines. In my view, Goines is on point, correctly decided, and…
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- Scott v. State, 464 So. 2d 1171 (Fla. 1985)