Cases from cite.case.law:

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. MORRICAL,, 262 So. 3d 865 (Fla. App. Ct. 2019)

. . . Respondent timely requested and received a formal review hearing under section 322.2615, Florida Statutes . . .

C. ELSO, v. STATE, 260 So. 3d 489 (Fla. App. Ct. 2018)

. . . not request a second formal review hearing after remand and, because there is no language in section 322.2615 . . . (6)(a) and 322.2615(9), Florida Statutes (2017), to quash his license suspension instead of remanding . . . Accordingly, it concluded that the remedy Petitioner sought under section 322.2615(9), i.e., invalidation . . . The only statutory trigger outlined in section 322.2615(6)(a) that requires the Department to schedule . . . As such, we find the circuit court's application of section 322.2615(6)(a) in Petitioner's first-tier . . .

B. WIGGINS, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 209 So. 3d 1165 (Fla. 2017)

. . . rephrase as follows: WHETHER A CIRCUIT COURT CONDUCTING FIRST-TIER CER-TIORARI REVIEW UNDER SECTION 322.2615 . . . answer the rephrased certified question in the affirmative and hold that in this context of section 322.2615 . . . Statutory Background Section 322.2615, Florida Statutes, provides for the suspension of one’s driving . . . Section 322.2615 is to be read in pari materia with section 316.1932, Florida Department of Highway-Safety . . . A court conducting section 322.2615 first-tier certiora-ri review faces constitutional questions that . . . courts conducting first-tier certiorari review of administrative license suspensions because section 322.2615 . . . nonlawyer, the same does not hold true for the questions of constitutional law that arise under section 322.2615 . . . The majority also justifies its rejection of Dusseau in the context of review under section 322.2615 . . . District and hold that Dusseau is applicable in the context of first-tier certiorari review under section 322.2615 . . .

FUTCH, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 189 So. 3d 131 (Fla. 2016)

. . . See §§ 322.2615, 322.64, Fla. Stat. (2012). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PEACOCK,, 185 So. 3d 632 (Fla. Dist. Ct. App. 2016)

. . . statute provides: A court may not stay the administrative suspension of a driving privilege under s. 322.2615 . . . suspended for one year for refusing to submit to a blood, breath, or urine test pursuant to section 322.2615 . . . We find the Department’s reliance upon Begley misplaced as this case does not involve section 322.2615 . . . Nor does it cite to section 322.271 as it does sections 322.2615 and 322.2616. . . . See § 322.2615(13), Fla. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY, v. R. BROWN,, 179 So. 3d 547 (Fla. Dist. Ct. App. 2015)

. . . Section ¡322.2615). . . . Section 322.2615(2)(a), Florida Statutes (2014), provides: ,(2)(a) Except as provided in paragraph (l . . .

M. OBJIO, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 179 So. 3d 494 (Fla. Dist. Ct. App. 2015)

. . . .” § 322.2615(11), Fla. Stat. (2014). . . . Pursuant to section 322.2615, Florida Statutes (2014), Ob-jio’s driver’s license was suspended, and he . . . In accordance with section 322.2615(6), Objio sought a formal review of the suspension. . . . The hearing officer wanted time to consider this issue because section 322.2615(11) was recently revised . . . Id. § 322.2615(6)(b). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. CANALEJO,, 179 So. 3d 360 (Fla. Dist. Ct. App. 2015)

. . . Likewise, DHS is correct that Florida Administrative Code Rules 15A-6.013(2) and section 322.2615(2), . . .

GORDON, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 166 So. 3d 902 (Fla. Dist. Ct. App. 2015)

. . . Motor Vehicles (“the Department”) relied on the reports of the arresting officer pursuant to section 322.2615 . . . that claim, relying on the documentary evidence, and approved the license suspension under section 322.2615 . . . Mowry, 794 So.2d 657, 658 (Fla. 5th DCA 2001); § 322.2615(11), Fla. Stat. (2013). . . . See, e.g„ §§ 322.2615(8)(a),(b) and 322.271(2)(a), Fla. Stat. (2013). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HIRTZEL,, 163 So. 3d 527 (Fla. Dist. Ct. App. 2015)

. . . review of the hearing officer’s factual findings and reweighed the evidence in violation of section 322.2615 . . . 0.185 grams of alcohol per 210 liters of breath, far above 0.08, the legal limit. §§ 316.193(1)(e); 322.2615 . . . Hirtzel’s driver’s license. § 322.2615(7), Fla. Stat. (2010). Upon Mr. . . . See § 322.2615(13), Fla. Stat. (2010); Dusseau v. Metro. Dade Cnty. Bd. of Cnty. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. LANNING,, 156 So. 3d 533 (Fla. Dist. Ct. App. 2015)

. . . hearing officer’s order suspending the driver’s license of respondent Gregory Lanning pursuant to section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WIGGEN,, 152 So. 3d 773 (Fla. Dist. Ct. App. 2014)

. . . DHSMV administratively suspended Wiggen’s driver’s license for six months under section 322.2615(l)(a . . . Wiggen requested a formal administrative review before a DHSMV hearing officer under section 322.2615 . . . Code R. 15A-6013 (2011); see also § 322.2615(7), Fla. Stat. (2011). . . . was suspended had an unlawful ... breath-alcohol level of 0.08 or higher as provided in s. 316.193. § 322.2615 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. WIGGINS,, 151 So. 3d 457 (Fla. Dist. Ct. App. 2014)

. . . of the record evidence supported an affirmance of the administrative suspension pursuant to section 322.2615 . . . record to support the hearing officer’s findings as made in the order and that, pursuant to section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. GAPUTIS,, 148 So. 3d 788 (Fla. Dist. Ct. App. 2014)

. . . See § 322.2615(1), Fla. Stat. (2011). . . . After a formal review hearing, see § 322.2615(6), the Department entered a final order upholding Mr. . . . See §§ 322.2615(14), .31. . . .

FERREI, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 147 So. 3d 1030 (Fla. Dist. Ct. App. 2014)

. . . See §§ 322.2615(1), (6), (14), .31, Fla. Stat. (2008). . . .

PANKAU, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 147 So. 3d 1031 (Fla. Dist. Ct. App. 2014)

. . . See §§ 322.2615(1), (6), (14), .31, Fla. Stat. (2010). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. FUTCH,, 142 So. 3d 910 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 322.2615(1), Florida Statutes (2013), DHSMV placed an administrative refusal suspension . . . Futch requested a formal administrative suspension review hearing under section 322.2615(6), Florida . . . At the hearing, DHSMV submitted the required documents pursuant to section 322.2615(2), Florida Statutes . . . See § 322.2615(13), Fla. Stat. (2013). . . . due process rights afforded a driver when seeking review of a license suspension pursuant to section 322.2615 . . .

FORTH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 148 So. 3d 781 (Fla. Dist. Ct. App. 2014)

. . . Dominic Forth’s license to drive was suspended pursuant to section 322.2615(1), Florida Statutes (2011 . . . hearing before a hearing officer employed by the Department of Highway Safety and Motor Vehicles. § 322.2615 . . . Forth sought certiorari review of the hearing officer’s order in the circuit court, §§ 322.2615(14), . . . the circuit court’s remand for further proceedings as meaning that a new formal hearing under section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CORCORAN,, 133 So. 3d 616 (Fla. Dist. Ct. App. 2014)

. . . to impeach any witness, and to rebut the evidence presented against the driver. §§ 822.2615(2) and 322.2615 . . . 1998) (holding that a hearing officer may not quash a subpoena for a fact witness pursuant to section 322.2615 . . . The formal administrative review procedure contemplated by section 322.2615, Florida Statutes (2012), . . . In completing the task provided in subsection 322.2615(7), subsection 322.2615(11), Florida Statutes . . . Finally, subsection 322.2615(6)(b), Florida Statutes (2012), provides guidance to the hearing officer . . .

STATE DHSMV OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BENNETT,, 125 So. 3d 367 (Fla. Dist. Ct. App. 2013)

. . . In accordance with the Code, section 322.2615(6)(b), Florida Statutes (2013), authorizes an administrative . . . Furthermore, section 322.2615(6)(c), Florida Statutes (2013), states that “[t]he failure of a subpoenaed . . .

CARRIZOSA, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 124 So. 3d 1017 (Fla. Dist. Ct. App. 2013)

. . . As a result, DHSMV suspended his driver’s license for six months pursuant to section 322.2615(1), Florida . . . Statutes (2010): 322.2615. . . . See § 322.2615(6), (7). . . . See § 322.2615(13); Fla. R. App. P. 9.100(c)(1). . . . We held that section 322.2615(7)(a) limited the scope of administrative review to two issues only: “( . . .

STATE DEPARTMENT OF HIGHWAY SAFETY, v. EDGELL- GALLOWHUR,, 114 So. 3d 1081 (Fla. Dist. Ct. App. 2013)

. . . Section 322.2615(2), Florida Statutes (2009), provides that the only documents required to be in affidavit . . . Section 322.2615(2) provides: Materials submitted to the department by a law enforcement agency or correctional . . . Section 322.2615(11) provides: The formal review hearing may be conducted upon a review of the reports . . . Finally, section 322.2615(12), provides that the formal hearing is “exempt from the provisions of chapter . . . for the initial stop, constitutes a failure to apply the clearly-established provisions of section 322.2615 . . .

KLINKER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 118 So. 3d 835 (Fla. Dist. Ct. App. 2013)

. . . See § 322.2615(13), Fla. Stat. (2010). . . . See § 322.2615(l)(a), Fla. Stat. (2010). . . . . § 322.2615(2), Fla. Stat. (2010). . . . See also § 322.2615(11), Fla. . . . See § 322.2615(6)(b), Fla. Stat. (2010). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, BUREAU OF ADMINISTRATIVE REVIEWS, v. J. FERNANDEZ,, 114 So. 3d 266 (Fla. Dist. Ct. App. 2013)

. . . Fernandez maintained his refusal and his license was suspended administratively pursuant to section 322.2615 . . . Section 322.2615(6)(b) provides in relevant part: [The] formal review hearing shall be held before a . . . Notably, section 322.2615 offers no direction with respect to the venue of a formal review hearing; it . . . See Freeman, 63 So.3d at 27 (holding that circuit court’s erroneous interpretation of section 322.2615 . . . Pursuant to section 322.2615(2), Florida Statutes (2011), "[m]aterials submitted to the department by . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, s v. ROBINSON, s, 112 So. 3d 83 (Fla. 2013)

. . . question: WHEN A SUSPENDEE SEEKS FORMAL REVIEW OF A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615 . . .

ECHTERNACH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 119 So. 3d 467 (Fla. Dist. Ct. App. 2013)

. . . 2)(A)(v): WHEN A SUSPENDEE SEEKS FORMAL REVIEW OF A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. RAMNARINE,, 104 So. 3d 1144 (Fla. Dist. Ct. App. 2012)

. . . 2)(A)(v): WHEN A SUSPENDEE SEEKS FORMAL REVIEW OF A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ROSE,, 105 So. 3d 22 (Fla. Dist. Ct. App. 2012)

. . . His license was suspended pursuant to section 322.2615(1), Florida Statutes (2010). . . . Rose requested a formal hearing under section 322.2615(6), and the hearing officer found that the arresting . . . this state while under the influence of alcoholic beverages or chemical or controlled substances.” § 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DELLACAVA,, 100 So. 3d 234 (Fla. Dist. Ct. App. 2012)

. . . As a result, his driver’s license was suspended pursuant to section 322.2615(l)(a), Florida Statutes . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. C. SAXLEHNER,, 96 So. 3d 1002 (Fla. Dist. Ct. App. 2012)

. . . Section 322.2615 provides in pertinent part: (6)(a) If the person whose license was suspended requests . . . See § 322.2615(11), Fla. Stat. (2010). . . . See § 322.2615(12), Fla. . . . Neither Spicer nor Chapter 120 applies to the formal review process under section 322.2615 and should . . . See § 322.2615(12), Fla. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CARILLON,, 95 So. 3d 901 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to Chapter 15A-6, Florida Administrative Code, and section 322.2615, Florida Statutes (2010) . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ROBINSON,, 93 So. 3d 1090 (Fla. Dist. Ct. App. 2012)

. . . administrative review hearing within thirty days to challenge the suspension of his license under section 322.2615 . . . absence, but offered to continue the hearing so that counsel could enforce the subpoena under section 322.2615 . . . Section 322.2615(6) outlines the administrative review procedures for a formal review of a driver’s license . . . However, a person is not in contempt while a subpoena is being challenged. § 322.2615(6)(a), (b), (c) . . . of any action of the hearing officer and the sus-pendee failed to enforce the subpoena under section 322.2615 . . .

RUDOLPH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 107 So. 3d 1129 (Fla. Dist. Ct. App. 2012)

. . . Rudolph’s challenge to the lawfulness of her stop by the Port Authority officer pursuant to section 322.2615 . . .

ARENAS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 90 So. 3d 828 (Fla. Dist. Ct. App. 2012)

. . . See § 322.2615(7)(b)(l)-(S). . . . See § 322.2615(13). . . . The two rephrased questions were: Can the DHSMV suspend a driver’s license under section 322.2615, Florida . . . determine if sufficient cause exists to sustain the suspension of a driver’s license under section 322.2615 . . . In 2006, section 322.2615(7)(b) provided as follows: (b) If the license was suspended for refusal to . . .

F. McLAUGHLIN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 128 So. 3d 815 (Fla. Dist. Ct. App. 2012)

. . . McLaughlin’s driver’s license suspension under section 322.2615(l)(a), Florida Statutes (2006), for failing . . .

NADER, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 87 So. 3d 712 (Fla. 2012)

. . . and Procedure to Request Administrative Review In conjunction with the implied consent law, section 322.2615 . . . that “the suspension period shall commence on the date of issuance of the notice of suspension.” § 322.2615 . . . Subsection 322.2615(2) then requires that the law enforcement officer shall forward to the department . . . Section 322.2615 further provides for the method by which the driver can request review of the license . . . This subsection shall not be construed to provide for a de novo appeal.” § 322.2615(13), Fla. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. IVEY,, 73 So. 3d 877 (Fla. Dist. Ct. App. 2011)

. . . See § 322.2615, Fla. Stat. (2010). It was the second time she had refused such a test. . . . See § 322.2615(13), Fla. Stat. (2010). . . . See § 322.2615(7)(b), Florida Statutes (2010). . . .

STATE v. LEYVA,, 65 So. 3d 1137 (Fla. Dist. Ct. App. 2011)

. . . Vehicles appeals a circuit court order to the Department to enforce a subpoena issued, pursuant to section 322.2615 . . . The procedure to enforce ’noncompliance by a witness with the subpoena issued pursuant to section 322.2615 . . . However, a person is not in contempt while a subpoena is being challenged. § 322.2615(6)(c) Fla. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CHERRY,, 91 So. 3d 849 (Fla. Dist. Ct. App. 2011)

. . . See § 322.2615(13), Fla. Stat. (2010). In that petition, Ms. . . . Accordingly, the Department failed to meet its burden as to the required element under section 322.2615 . . . a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months. § 322.2615 . . . of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension.” § 322.2615 . . . See § 322.2615(11), Fla. Stat. (2010); Fla. Admin. Code R. 15A-6.013 (5); Dep’t of High. . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HERNANDEZ, v., 74 So. 3d 1070 (Fla. 2011)

. . . can be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under section 322.2615 . . . Section 322.2615, Florida Statutes, the statute before us in this case governing the suspension of an . . . Stat.; see also § 322.2615(4), (6), Fla. Stat. . . . (Emphasis added). § 322.2615(7)(b)2„ Fla. Stat. . . . Section 322.2615 was minimally revised in 2007 and 2010. . . . The contrary view adopted by a majority of this Court effectively rewrites the text of section 322.2615 . . . Section 322.2615(7) expressly limits the issues which may be considered by the hearing officer in a proceeding . . . The plurality transgresses the limits set forth in the text by reading back into section 322.2615(7) . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. FREEMAN,, 63 So. 3d 23 (Fla. Dist. Ct. App. 2011)

. . . We find the Second District’s analysis in Nader to be persuasive for purposes of section 322.2615 when . . . granted; opinion of October 19, 2010, and order denying rehearing of December 17, 2010, quashed. . § 322.2615 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. L. EDENFIELD,, 58 So. 3d 904 (Fla. Dist. Ct. App. 2011)

. . . to subpoena and then cross examine the author of inspection reports, this court in Lee cited section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. AUSTER,, 52 So. 3d 802 (Fla. Dist. Ct. App. 2010)

. . . certiorari review of a decision of the circuit court sitting in its appellate capacity pursuant to section 322.2615 . . . Her driver’s license was subsequently suspended pursuant to section 322.2615(l)(a) for refusal to submit . . . See § 322.2615(6)00, Fla. Stat. (2008). Here, Caner was identified in these documents. . . . Thus, pursuant to section 322.2615(7)(b), the scope of review was limited to the issues of: 1. . . . Department of Highway Safety & Motor Vehicles, 4 So.3d 754 (Fla. 1st DCA 2009) that section 322.2615( . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BERNE,, 49 So. 3d 779 (Fla. Dist. Ct. App. 2010)

. . . Berne subsequently requested and received a formal review hearing pursuant to section 322.2615(6)(a), . . . See § 322.2615(7)(a), Fla. Stat. (2005); see also Dep’t of Highway Safety & Motor Vehicles v. . . . is only required to establish an unlawful blood-alcohol level by a preponderance of the evidence. § 322.2615 . . . Section 322.2615(11), Florida Statutes (2005), specifically provides that the formal review hearing may . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ICAZA,, 37 So. 3d 309 (Fla. Dist. Ct. App. 2010)

. . . hearing officer’s order that sustained the suspension of Daniel Icaza’s driver’s license under section 322.2615 . . . Consequently, the officer, on behalf of the Department, suspended Icaza’s license pursuant to section 322.2615 . . . Icaza invoked his right to formal review of that suspension under section 322.2615(l)(b)(3), and the . . . We emphasize at this juncture that the provisions of the 2007 version of section 322.2615 did not require . . . Despite the fact that the circuit court applied the outdated 2005 version of section 322.2615, it arrived . . .

E. FOLDEN, v. STATE, 16 So. 3d 849 (Fla. Dist. Ct. App. 2009)

. . . See §§ 322.2615, 316.1932(l)(a), Fla. Stat. (2008). REVERSED AND REMANDED. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. U. J. HOFER,, 5 So. 3d 766 (Fla. Dist. Ct. App. 2009)

. . . Hofer exercised his right to formal review, see § 322.2615(l)(b)(3), Fla. . . . Hofer’s license for refusal to submit to a breath, blood, or urine test under section 322.2615. C. . . . Hofer noted that according to section 322.2615, in any implied consent case, the license suspension is . . . In Conahan, the Fifth District found that section 322.2615, Florida Statutes (1991), afforded drivers . . . Hofer briefly mentioned the relationship between sections 316.1932 and 322.2615. . . .

R. LEE, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 4 So. 3d 754 (Fla. Dist. Ct. App. 2009)

. . . The hearing officer denied petitioner’s request, citing section 322.2615(6)(b), Florida Statutes (2007 . . . See § 322.2615(2) & (6)(b), Fla. Stat (2007); Fla. Admin. Code R. 15A-6.012(1). . . . reports are not among the specific documents listed in section 322.2615(2) in connection with which . . . When formal review is requested, section 322.2615(6)(b) authorizes the hearing officer “to administer . . . See § 322.2615(2) (emphasis added). . . .

YANKEY, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 6 So. 3d 633 (Fla. Dist. Ct. App. 2009)

. . . See § 322.2615(6). As part of that review, Ms. . . . The Department refused to issue this subpoena, asserting that section 322.2615(6)(b) did not authorize . . . See § 322.2615(13). . . . These documents must include “the results of any breath or blood test.” § 322.2615(2). . . . Section 322.2615(1)(b)(3) permits a driver whose license has been administratively suspended in this . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ESCOBIO,, 6 So. 3d 638 (Fla. Dist. Ct. App. 2009)

. . . held that the Department departed from the essential requirements of the law by interpreting section 322.2615 . . . Pursuant to section 322.2615(7)(a), Florida Statutes (2006), the hearing officer’s review is limited . . . This issue centers on recent amendments to section 322.2615. . . . Prior to October 1, 2006, section 322.2615(1)(a), Florida Statutes (2005), required a law enforcement . . . Under section 322.2615(7)(a), the scope of this formal review was limited to three issues: (1) whether . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. NADER, v., 4 So. 3d 705 (Fla. Dist. Ct. App. 2009)

. . . See §§ 316.1932(l)(a)(l)(a), 322.2615(1), Fla. Stat. (2007). Both Ms. Nader and Ms. . . . Both women then sought certiorari review in the circuit court, see § 322.2615(13), arguing again that . . . Section 322.2615 then provides: (l)(a) A law enforcement officer or correctional officer shall, on behalf . . . Under section 322.2615(7)(b), a formal review hearing requires the hearing officer to consider 1. . . . Sections 316.1932(l)(a)(l)(a) and 322.2615 plainly require the suspension of a driver’s license when . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. MAFFETT,, 1 So. 3d 1286 (Fla. Dist. Ct. App. 2009)

. . . Feb.20, 2009), an opinion we issue simultaneously with this opinion, we have concluded that section 322.2615 . . .

KIRPALANI, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 997 So. 2d 502 (Fla. Dist. Ct. App. 2008)

. . . review of the suspension with the Department of Highway Safety and Motor Vehicles pursuant to section 322.2615 . . . Pursuant to section 322.2615(7)(a), Florida Statutes (2007), the hearing officer found that Deputy Maris . . . remedy to seek review of an administrative order sustaining the suspension of a driver’s license. § 322.2615 . . . Her license was suspended pursuant to section 322.2615(l)(b)(l)(b), which mandates a six month suspension . . . Section 322.2615(l)(b)(l)(a) mandates a longer suspension of at least one year where a driver refuses . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ELIAS,, 997 So. 2d 1172 (Fla. Dist. Ct. App. 2008)

. . . His driving privileges were immediately suspended as required by section 322.2615, Florida Statutes ( . . . As section 322.2615 expressly provides, circuit courts are authorized to enforce or compel compliance . . . court of the judicial circuit in which the person failing to comply with the subpoena resides.... § 322.2615 . . .

HERNANDEZ, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 995 So. 2d 1077 (Fla. Dist. Ct. App. 2008)

. . . The hearing officer determined that the scope of the hearing, pursuant to section 322.2615, Florida Statutes . . . Section 322.2615, Florida Statutes (2007), provides in pertinent part, (7) In a formal review hearing . . . Prior to October 1, 2006, section 322.2615 provided as well that a DHSMV hearing officer, in a proceeding . . . Section 322.2615 was amended prior to Hernandez’ arrest to delete this subsection. . . . court was not unmindful of a legislative staff analysis which indicated that the amendment of section 322.2615 . . .

F. McLAUGHLIN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 2 So. 3d 988 (Fla. Dist. Ct. App. 2008)

. . . that the lawfulness of a driver’s arrest is relevant in a postsuspension hearing authorized by section 322.2615 . . . McLaughlin exercised his right to formal review as authorized by section 322.2615(l)(b)(3), Florida Statutes . . . The hearing officer explained that section 322.2615(7)(b) did not authorize him to address the lawfulness . . . McLaughlin argued that section 322.2615 conflicted with section 316.1932, because the latter did not . . . THE SCOPE OF THE HEARING OFFICER’S REVIEW UNDER SECTION 322.2615 The circuit court’s denial of Mr. . . .

KIRPALANI, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 991 So. 2d 1026 (Fla. Dist. Ct. App. 2008)

. . . review of the suspension with the Department of Highway Safety and Motor Vehicles pursuant to section 322.2615 . . . Pursuant to section 322.2615(7)(a), Florida Statutes (2007), the hearing officer found that Deputy Maris . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SARMIENTO,, 989 So. 2d 692 (Fla. Dist. Ct. App. 2008)

. . . influence, he requested a formal administrative review of his license suspension pursuant to section 322.2615 . . .

GUPTON, v. DEPARTMENT OF HIGHWAY SAFETY,, 987 So. 2d 737 (Fla. Dist. Ct. App. 2008)

. . . Section 322.2615(2), Florida Statutes (2007), requires the arresting officer to submit to the Department . . . the attestor’s status was not specified, the document is not an “affidavit,” as required by section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. LUTTRELL,, 983 So. 2d 1215 (Fla. Dist. Ct. App. 2008)

. . . DUI, Luttrell requested a formal administrative review of her license suspension pursuant to section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. C. PELHAM,, 979 So. 2d 304 (Fla. Dist. Ct. App. 2008)

. . . Our resolution of this case thus requires us to consider the effect of section 322.2615, as amended. . . . the driver’s license of any person who refuses to submit to a “lawful ” breath test. § 322.2615(l)(a . . . Petitioner responds that sections 316.1932 and 322.2615 should be read in isolation because they are . . . This conclusion is supported by the fact that section 322.2615 only permits suspension “pursuant to” . . . (Emphasis added). § 322.2615(7) (b)2., Fla. Stat. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BOESCH,, 979 So. 2d 1024 (Fla. Dist. Ct. App. 2008)

. . . .” § 322.2615(6)(b), Fla. Stat. (2006) (emphasis added). . . .

CITY OF MIAMI, v. S. WELLMAN,, 976 So. 2d 22 (Fla. Dist. Ct. App. 2008)

. . . Stewart, 625 So.2d 123 (Fla. 5th DCA 1993) (upholding subsection 322.2615(7)). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DeGROOT,, 971 So. 2d 237 (Fla. Dist. Ct. App. 2008)

. . . See § 322.2615(l)(a), Fla. Stat. (2006). . . . upon the language of rule 15A-6.013(2) and had ignored the patently permissive language of section 322.2615 . . . requested by a law enforcement officer or correctional officer and that the person refused to submit.” § 322.2615 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. L. LANKFORD,, 956 So. 2d 527 (Fla. Dist. Ct. App. 2007)

. . . See § 322.2615, Fla. Stat. (2004); Fla. R. Admin. P. 15A-6.013. . . . Section 322.2615(6)(c) and rule 15A-6.013(5) authorize a party to enforce a subpoena duces tecum in circuit . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WEJEBE,, 954 So. 2d 1245 (Fla. Dist. Ct. App. 2007)

. . . Safety and Motor Vehicles’ administrative order suspending Jose Wejebe’s driver’s license under section 322.2615 . . . See § 322.2615, Fla. Stat. (2005). . . . Wejebe sought formal review of this six-month suspension, as provided by section 322.2615, Florida Statutes . . .

KUBASAK, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 957 So. 2d 15 (Fla. Dist. Ct. App. 2007)

. . . administrative driver’s license suspension proceeding from the necessity of complying with section 322.2615 . . .

STATE FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. TIDEY,, 946 So. 2d 1223 (Fla. Dist. Ct. App. 2007)

. . . privileges of all parties be reinstated, even though such privileges were suspended by operation of section 322.2615 . . . Section 322.2615(6)(b), Florida Statutes, authorizes the department to conduct formal review hearings . . . where relief is available, here, by motion to recuse once the officer’s conduct occurs under section 322.2615 . . . (6)(a), Florida Statutes, or by writ of certiorari upon an adverse decision pursuant to section 322.2615 . . . Pursuant to section 322.2615, Florida Statutes, driving privileges are automatically suspended following . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. STENMARK,, 941 So. 2d 1247 (Fla. Dist. Ct. App. 2006)

. . . See § 322.2615, Fla. Stat. (2004). . . . See § 322.2615(7)(a)(2) (requiring hearing officer to determine whether person was placed under lawful . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WILLIAMS,, 937 So. 2d 815 (Fla. Dist. Ct. App. 2006)

. . . The HO concluded that the Department had satisfied section 322.2615, Florida Statutes, and denied Williams . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. TRAUTH,, 937 So. 2d 758 (Fla. Dist. Ct. App. 2006)

. . . Trauth and Llamas each requested a formal administrative hearing pursuant to section 322.2615, Florida . . .

R. WILLIAMSON, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 933 So. 2d 665 (Fla. Dist. Ct. App. 2006)

. . . At a hearing conducted pursuant to section 322.2615, Florida Statutes (2005), the department made the . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. GARCIA,, 935 So. 2d 542 (Fla. Dist. Ct. App. 2006)

. . . See § 322.2615(1)(a), Fla. Stat. (2005). . . . Thereafter, pursuant to section 322.2615(l)(b)(3), Florida Statutes (2005), Garcia filed a request for . . . the suspension, the law enforcement officer submitted documentary evidence, as required by section 322.2615 . . . who administered the breath test timely filed his paperwork with the Department pursuant to section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. D. ROBERTS,, 938 So. 2d 513 (Fla. Dist. Ct. App. 2006)

. . . Procedural Background This holding arises out of proceedings instituted by Roberts pursuant to sections 322.2615 . . . Section 322.2615(7)(b) provides that at such a hearing, the hearing officer is confined to determining . . . probable cause to believe that the person was driving under the influence of alcoholic beverages. § 322.2615 . . . instant case included the citation for DUI, the officer’s arrest affidavit, and the refusal forms. § 322.2615 . . . recognized many years ago, which is that the principal features of the procedure established by section 322.2615 . . .

SCHWARTZ, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 920 So. 2d 664 (Fla. Dist. Ct. App. 2005)

. . . Section 322.2615 (7)(b) of the Florida Statutes (2004) expressly states that during a formal review of . . . that the validity of a stop which ultimately leads to a DUI arrest cannot be challenged in a section 322.2615 . . .

CRAIN, v. STATE, 914 So. 2d 1015 (Fla. Dist. Ct. App. 2005)

. . . 180 (Fla. 3d DCA 1993) (section 92.525 “verified” document satisfied affidavit requirement of section 322.2615 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PIPKIN,, 927 So. 2d 901 (Fla. Dist. Ct. App. 2005)

. . . His license was suspended for one year pursuant to section 322.2615(b)l.a of the Florida Statutes. . . .

TYNAN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 909 So. 2d 991 (Fla. Dist. Ct. App. 2005)

. . . Tynan requested a formal hearing, pursuant to section 322.2615 Florida Statutes. . . . came too late, more than 30 days following her request for a formal hearing as required by sections 322.2615 . . . (6)(a) and 322.2615(9), Florida Statutes, and presents her argument to this court in this proceeding. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. GRIFFIN,, 909 So. 2d 538 (Fla. Dist. Ct. App. 2005)

. . . question of whether the use of non-lawyers as hearing officers, in formal hearings pursuant to section 322.2615 . . . Pursuant to section 322.2615(l)(a), Florida Statutes, these motorists had their driver’s licenses automatically . . . Each motorist sought formal review before a hearing officer, pursuant to section 322.2615(6), Florida . . . purpose of resolving the conflict; to wit, determining whether the use of non-lawyers under section 322.2615 . . . The statutory scheme of section 322.2615(6), Florida Statutes, allows for a motorist to request a formal . . . Judge Ramirez’s critique of the statutory procedures of section 322.2615 is well taken and provides thought-provoking . . .

RUIZ, v. STATE, 908 So. 2d 508 (Fla. Dist. Ct. App. 2005)

. . . DCA 1993) (finding that section 92.525 “verified” document satisfied affidavit requirement of section 322.2615 . . .

GURRY, v. DEPARTMENT OF HIGHWAY SAFETY,, 902 So. 2d 881 (Fla. Dist. Ct. App. 2005)

. . . Gurry then sought certiorari review in the circuit court, pursuant to section 322.2615(13), Florida Statutes . . . The citation indicated Gurry’s license was suspended for a violation of section 322.2615, Florida Statutes . . . Section 322.2615(6)(b), Florida Statutes, provides: “Such formal review hearing shall be held before . . .

GREEN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 905 So. 2d 922 (Fla. Dist. Ct. App. 2005)

. . . In essence, Petitioner made the following two arguments: (1) the plain language of section 322.2615(7 . . . It is evident that in enacting section 322.2615, Florida Statutes, the legislature intended to suspend . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. M. PATRICK,, 895 So. 2d 1131 (Fla. Dist. Ct. App. 2005)

. . . The court indicated in its order that because the plain language of subparagraphs 322.2615(7)(a)l.-3. . . . Paragraph 322.2615(l)(b) is the problematic part of the statute. . . . The next subsection, subsection 322.2615(2), requires the law enforcement officer to notify the DMV of . . . Therefore, despite the fact that the notification provisions of sub-subsection 322.2615(l)(b)l.b. do . . . Whether the person had an unlawful blood-alcohol level as provided in s. 316.193. § 322.2615(7)(a)l.- . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. McCLANE,, 891 So. 2d 596 (Fla. Dist. Ct. App. 2004)

. . . Officer Long then suspended McClane’s driving privilege pursuant to section 322.2615, Florida Statutes . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BRANDENBURG,, 891 So. 2d 1071 (Fla. Dist. Ct. App. 2004)

. . . SERVED A DRIVER’S LICENSE SUSPENSION AS A RESULT OF HER ARREST FOR DUI PURSUANT TO FLORIDA STATUTE 322.2615 . . . The arresting officer suspended her license for 180 days, pursuant to section 322.2615(l)(a). . . . Section 322.2615(15) recognizes that multiple periods of suspension, on arrest, should not be imposed . . . See § 322.2615(l)(b)l.b„ Fla. Stat. . . . . The remainder of the statute refers to revocation. . § 322.2615(14), Fla. . . .

S. JACKSON, v. STATE, 881 So. 2d 666 (Fla. Dist. Ct. App. 2004)

. . . Fla. 95-40 (1995)(document verified under section 92.525 is not affidavit within meaning of section 322.2615 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, v. POSSATI,, 866 So. 2d 737 (Fla. Dist. Ct. App. 2004)

. . . His driver’s license was suspended under section 322.2615(l)(a), Florida Statutes (2001). . . . See § 322.2615, Fla. Stat. (2001). . . . privilege of ... a person who has refused to submit to a breath ... test authorized by s. 316.1932.” § 322.2615 . . . a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months. § 322.2615 . . .

DEPT. OF HIGHWAY SAFETY MOTOR VEHICLES, v. SWEGHEIMER,, 847 So. 2d 545 (Fla. Dist. Ct. App. 2003)

. . . In a formal review pursuant to section 322.2615(7), Florida Statutes, the hearing officer reviewed a . . . Section 322.2615(11), Florida Statutes, allows the hearing officer to conduct a formal review “upon a . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WHITLEY,, 846 So. 2d 1163 (Fla. Dist. Ct. App. 2003)

. . . Whitley requested a formal review of his driver’s license suspension pursuant to section 322.2615(6), . . . In accordance with section 322.2615(7), which defines the scope of the formal hearing, the hearing officer . . . according to the circuit court’s reasoning, be contrary to the requirements of sections 316.1932 and 322.2615 . . . Probable Cause There is nothing in section 316.1932(l)(a)l. or section 322.2615(7)(a) that requires that . . . We likewise find nothing in the provisions of section 322.2615(7) that requires an individual to be arrested . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CURRIER,, 824 So. 2d 966 (Fla. Dist. Ct. App. 2002)

. . . Section 322.2615(7), Florida Statutes (2001), directs the HO to determine whether a preponderance of . . . This evidence was appropriately admitted pursuant to section 322.2615(2), which directs an arresting . . . officer to submit various documents to the Department, and section 322.2615(11), which permits “[t]he . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SNELSON,, 817 So. 2d 1045 (Fla. Dist. Ct. App. 2002)

. . . Snelson’s license had been suspended pursuant to section 322.2615(l)(a), Florida Statutes (2000), based . . . The arresting officer also timely filed paperwork pursuant to section 322.2615(2) and rule 15A-6.013( . . . Section 322.2615, which granted Mr. . . . . § 322.2615(2)(a) (emphasis added). . . . also submit a copy of a videotape of the field sobriety test or the attempt to administer such test. § 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PITTS,, 815 So. 2d 738 (Fla. Dist. Ct. App. 2002)

. . . Section 322.2615, Florida Statutes Under section 322.2615, Florida Statutes (2000), a law enforcement . . . The person arrested may request an informal or formal review. § 322.2615(4)(5). . . . . § 322.2615(6)(a). . . . .” § 322.2615(6)(b). . . . Id.; see also § 322.2615(7)(a). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BELLO,, 813 So. 2d 1023 (Fla. Dist. Ct. App. 2002)

. . . Bello’s driving privilege was then suspended for his refusal to take a breath test pursuant to section 322.2615 . . . Department for an administrative formal review of his driver’s license suspension pursuant to section 322.2615 . . . See § 322.2615(l)(a), Fla. Stat. . . . or higher, the department shall suspend the person’s driver’s license pursuant to subsection (3). § 322.2615 . . . Section 322.2615(l)(b)(3) provides: The driver may request a formal or informal review of the suspension . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. ALLISTON,, 813 So. 2d 141 (Fla. Dist. Ct. App. 2002)

. . . See § 322.2615(1)(b)(3). An administrative hearing officer conducted a hearing on June 14, 2000. . . . Pursuant to section 322.2615(11), the formal review hearing for this type of license suspension may be . . . Section 322.2615(11) then provides that “the driver may subpoena the officer or any person who administered . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SILVA,, 806 So. 2d 551 (Fla. Dist. Ct. App. 2002)

. . . who administered the breath test timely filed his paperwork with the Department pursuant to section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. JEFFREY NEFF, 804 So. 2d 519 (Fla. Dist. Ct. App. 2001)

. . . The facts of Lamb’s arrest, as adduced at the formal review hearing held pursuant to section 322.2615 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. STEVENS,, 820 So. 2d 322 (Fla. Dist. Ct. App. 2001)

. . . Stevens’ driver’s license was suspended pursuant to section 322.2615(l)(a) of the Florida Statutes (1999 . . . Stevens requested a formal review of his suspension as provided for in section 322.2615(6) of the Florida . . .

HINMAN, v. DEPARTMENT OF HIGHWAY SAFETY, 820 So. 2d 315 (Fla. Dist. Ct. App. 2001)

. . . Section 322.2615(l)(a), Florida Statutes, authorizes the Department to suspend a person’s driver’s license . . . See § 322.2615(6)(a), Fla. Stat. . . . Section 322.2615(14), Florida Statutes, provides: [T]he decision of the department under this section . . . Section 322.2615, Florida Statutes, took effect October 10, 1990.. . . . Section 322.2615(14) provides “the decision of the department under this section shall- not be considered . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. K. DEHART,, 799 So. 2d 1079 (Fla. Dist. Ct. App. 2001)

. . . De-hart a DUI citation, and her driving privileges were automatically suspended pursuant to section 322.2615 . . . The deputy sheriff timely filed his paperwork with DHSMV as mandated by section 322.2615(2) of the Florida . . .

VICHICH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 799 So. 2d 1069 (Fla. Dist. Ct. App. 2001)

. . . See, e.g., §§ 322.2615, .2616, Fla. . . . When a driver's license is suspended by an arresting officer, sections 322.2615 and 322.2616 provide . . .