STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
JOHN RANDALL DAVIS, JR., RESPONDENT
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The Florida Department of Highway Safety and Motor Vehicles sought to overturn a lower court order that had reinstated a driver's license that was canceled without a pre-cancellation hearing. The appellate court held that due process does not require a pre-cancellation hearing for license revocation, and the statutory scheme provided an adequate post-cancellation hearing remedy.
Due process does not require a hearing before license deprivation. The statutory scheme satisfied due process requirements by providing Davis an opportunity to request an administrative hearing within 30 days of receiving the cancellation order under section 322.271, Florida Statutes.
[1] Due process does not require a hearing before the deprivation of a driver's license.
[2] A driver whose license has been permanently revoked is not entitled to the issuance of a new license.
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Join FLexlaw to unlock all legal intelligence“Due Process does not require that a hearing must occur before license deprivation.”
Establishes the core holding that pre-deprivation hearings are not constitutionally required for driver's license cancellation
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Join FLexlaw to unlock all legal intelligenceDavis's driving privilege was permanently revoked in 1983 due to eight DUI convictions. Nonetheless, Davis was issued a Florida driver's license in Ju…
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PER CURIAM.
The Department of Highway Safety and Motor Vehicles (Department) petitions for writ of certiorari following the lower court’s entry of an order granting certiorari and reinstating respondent Davis’s driv ing privilege. We grant the Department’s petition and quash the lower court’s order. In 1983, Respondent Davis’s driving privilege was permanently revoked pursuant to section 322.28(2)(f), Florida Statutes, on the basis of his eight convictions for driving under the influence (DUI).
Nevertheless, in June 1997, Davis was issued a Florida driver’s license. Following a review of its records, however, on November 19, 1998, the Department issued an “Order of License Revocation, Suspension, or Cancellation” in which it notified Davis that his driver’s license was canceled effective December 9, 1998, for the reason that he was “not entitled to the issuance” of the license because his “driver license had been permanently revoked.” 1 Davis filed a petition for writ of certiorari pursuant to section 322.31, Florida Statutes, arguing that his license had been canceled without due process of law in that he was not afforded notice or an opportunity to heard prior to the Department’s entry of the order canceling the driver’s license. After a hearing, the trial court granted Davis’s petition on the ground that Davis’s due process rights had been violated and reinstated Davis’s driving privilege.
The trial court, however, stayed the effect of its order pending the issuance of mandate on the Department’s petition to this court.
Our review of the circuit court’s order is limited to the determination of whether the circuit court afforded due process and whether it applied the correct law. See Haines City Community Dev. v. Heggs, 658 So. 2d 523, 530 (Fla.1995). As previously stated, Davis contended below, and the lower court agreed, that he was entitled to an opportunity to be heard pri-or to cancellation of his license. Yet, the case cited by Davis below, Mackey v. Montrym, 443 U.S. 1, 10, 99 S.Ct. 2612, 61 L.Ed.2d 321 (1979), makes clear that Due Process does not require that a hearing must occur before license deprivation. In fact, Davis concedes this point in his response to the Department’s petition to this court.
We note that upon receipt of the order canceling his license, Davis could have requested an administrative hearing under section 322.271, Florida Statutes. The Department is required to hold such a hearing within 30 days of its receipt of the request. See § 322.271(l)(a), Fla. Stat.
Accordingly, we grant the Department’s petition and quash the lower court’s order. ERVIN, MINER and KAHN, JJ., CONCUR. .
Section 322.22, Florida Statutes, authorizes the Department to cancel any driver’s license "upon determining that the licensee was not entitled to the issuance thereof.” Section 322.251 prescribes the notice requirements for such orders.
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Citator
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Dawson v. State, 19 So. 3d 1001 (Fla. 4th DCA 2009)…maximum period of revocation—one year—pursuant to paragraph 322.28(2)(a), Florida Statutes, without providing a preliminary hearing. We agree with the appellate division’s denial of this claim. See Dept. of Highway Safety & Motor Vehicles v. Davis, 775 So. 2d 989 [*1004] (Fla. 1st DCA 2000) (entry of an order revoking driving privileges without prior notice or opportunity to be heard did not violate due process clause because the driver could have requested a hearing upon receipt of revocation and the Depart…
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Chandler Alexander v. DHSMV (13th Cir. Ct. App. Div. 2023)
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- MacKey v. Montrym, 443 U.S. 1 (U.S. 1979)