DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES, PETITIONER,
v.
JAMES SWEGHEIMER, RESPONDENT
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The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court's decision quashing the suspension of a driver's license for refusal to submit to a breath, blood, or urine test. The appellate court found that the circuit court misapplied the law by requiring the officer to demonstrate jurisdiction beyond what was necessary, when the probable cause affidavit itself constituted competent substantial evidence of jurisdiction.
The circuit court misapplied the law by concluding that the officer failed to establish jurisdiction. The probable cause affidavit, which alleged the offense occurred in Maitland, constituted competent substantial evidence of jurisdiction, and the circuit court erred in requiring additional evidence of jurisdiction beyond what was presented in the affidavit.
[1] A circuit court's review of an administrative agency's decision is limited to whether the agency accorded procedural due process, observed the essential requirements of l…
[2] A probable cause affidavit submitted by a law enforcement officer is considered competent substantial evidence of jurisdiction in administrative proceedings.
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Join FLexlaw to unlock all legal intelligence“The circuit court's scope of review is limited to determining (1) whether the agency accorded procedural due process; (2) whether the agency observed the essential requirements of the law; and (3) whether the administrative findings and judgment are supported by competent substantial evidence.”
Establishes the correct standard for reviewing administrative decisions on certiorari, which the circuit court failed to apply.
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Join FLexlaw to unlock all legal intelligenceA Maitland police officer prepared a probable cause affidavit alleging that Swegheimer committed DUI at a location designated as 'W/B SR 400/SR 414, M…
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PLEUS, J.
The State of Florida, Department of Highway Safety and Motor Vehicles, seeks certiorari review of the circuit court’s decision quashing the suspension of respondent James Swegheimer’s driver’s license for refusal to submit to a breath, blood or urine test. Our review of the decision of the circuit court sitting in its appellate capacity is limited to whether the circuit court afforded procedural due process and applied the correct law. See Dusseau v. Metropolitan Dade County, 794 So. 2d 1270 (Fla.2001); Broward County v. G.B.V. Intern., Ltd., 787 So. 2d 838 (Fla.2001). The Department argues, and we agree, that the circuit court departed from the essential requirements of law and failed to apply the correct law.
In a formal review pursuant to section 322.2615(7), Florida Statutes, the hearing officer reviewed a probable cause affidavit prepared by a city of Maitland, Florida police officer, alleging that Swegh-eimer committed the offense of DUI at “W/B SR 400/ SR 414, Maitland, FI. 32751.” Swegheimer argued that the affidavit failed to establish that the offense was committed within the city limits of Maitland. In support of his argument, he presented a map of the city of Maitland, which was admitted into evidence. However, the hearing officer concluded by a preponderance of evidence that the officer had probable cause to arrest Swegheimer for DUI.
On certiorari review, the circuit court held that the officer failed to demonstrate he was within his jurisdiction when he developed probable cause. We conclude that the circuit court failed to apply the correct law. The circuit court’s scope of review is limited to determining (1) whether the agency accorded procedural due process; (2) whether the agency observed the essential requirements of the law; and (3) whether the administrative findings and judgment are supported by competent substantial evidence. Department of Highway Safety and Motor Vehicles v. Currier, 824 So. 2d 966 (Fla. 1st DCA 2002). The circuit court misapplied the law by concluding that the officer failed to establish jurisdiction when the affidavit clearly alleged jurisdiction. Section 322.2615(11), Florida Statutes, allows the hearing officer to conduct a formal review “upon a review of the reports of a law enforcement officer.” Therefore, the circuit court misapplied the law when it concluded that the officer failed to establish jurisdiction while ignoring the probable cause affidavit, which constituted competent substantial evidence of jurisdiction. Id. at 968. Accordingly, we grant the petition for writ of certiorari and quash the circuit court’s decision.
PETITION GRANTED AND DECISION QUASHED.
PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (12 total)
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Dep't of Hwy. Safety & Motor Vehicles v. Roberts, 938 So. 2d 513 (Fla. 5th DCA 2006)…071-72; see also State, Dep’t of Highway Safety & Motor [*524] Vehicles v. Prue, 701 So. 2d 637, 638-39 (Fla. 2d DCA 1997). This court consistently applies this reasoning. For example, in Department of Highway Safety & Motor Vehicles v. Swegheimer, 847 So. 2d 545 (Fla. 5th DCA 2003), a case strikingly similar to the instant case, the respondent requested a formal hearing, contending that his license was improperly suspended. The hearing officer reviewed the probable cause affidavit that alleged that the resp…
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Sneed v. State, 876 So. 2d 1235 (Fla. 3d DCA 2004)…with both contentions. First of all, Detective Garcia’s sworn affidavit provides sufficient competent, substantial evidence for the court to make its determination on the good faith issue. See Dep’t of Highway Safety & Motor Vehicles v. Swegheimer, 847 So. 2d 545 (Fla. 5th DCA 2003) (finding police [*1238] man’s affidavit constitutes competent, substantial evidence). See also Duval Util. Co. v. Fla. Pub. Serv. Comm’n, 380 So. 2d 1028, 1031 (Fla.1980) (defining “competent, substantial evidence” as evidence th…
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Dep't of Hwy. Safety & Motor Vehicles v. Cherry, 91 So. 3d 849 (Fla. 5th DCA 2011)…nt, substantial evidence to support the hearing officer’s determination that Ms. Cherry had refused to submit to a breath test. See § 322.2615(11), Fla. Stat. (2010); Fla. Admin. Code R. 15A-6.013 (5); Dep’t of High. Saf. & Motor Veh. v. Swegheimer, 847 So. 2d 545, 546 (Fla. 5th DCA 2008). This competent, substantial evi [*856] dence of a refusal was buttressed by the breath test video and Trooper Hooker’s charging affidavit. The circuit court both improperly reweighed the evidence before the hearing officer…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broward Cnty. v. G.B.V. Int'l, Ltd., 787 So. 2d 838 (Fla. 2001)
- Dusseau v. Metro. Dade Cnty. Bd. OF Cnty. Comm'rs, 794 So. 2d 1270 (Fla. 2001)
- Dep't of Hwy. Safety & Motor Vehicles v. Currier, 824 So. 2d 966 (Fla. 1st DCA 2002)