Florida Regulations 15A-6.011: Notice of Hearing; Prehearing Order
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(1) Whenever a formal review is to be conducted, the division shall issue and serve upon the driver a notice of hearing, HSMV Form 78059. The notice shall state the time and place of the hearing, shall include a statement of the legal authority and jurisdiction under which the hearing is to be held, and shall refer to the particular statutes and rules involved. The driver shall be served notice of the hearing at least fourteen (14) days prior to the scheduled hearing.
(2) The notice of hearing shall include a prehearing order requiring the driver to provide a prehearing statement, HSMV Form 78061, of relevant issues of fact and law. The prehearing order shall direct the driver to identify witnesses, exhibits and documentary evidence.
(a) The prehearing statement must be postmarked or filed with the appropriate division office within 10 days from the date of the notice of hearing.
(b) The prehearing statement must identify with specificity those disputed issues of law and fact to be addressed at the hearing and summarize the anticipated testimony of all witnesses.
(c) Issues of law and fact, including alibi or identity of the driver, not identified in the notice of hearing or prehearing statement submitted by the driver shall not be litigated at the hearing.
(d) Upon request for a formal review hearing, if the suspension has not been sustained and the driver is otherwise eligible, the division shall issue a business purpose driving permit. If the suspension is subsequently sustained, the division shall cancel the permit.
Rulemaking Authority 322.2615(12), 322.02(4), 322.271, 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History-New 10-1-90, Amended 10-17-90, 1-2-96, 3-11-07.
Terms Used In Florida Regulations 15A-6.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The prehearing statement must be postmarked or filed with the appropriate division office within 10 days from the date of the notice of hearing.
(b) The prehearing statement must identify with specificity those disputed issues of law and fact to be addressed at the hearing and summarize the anticipated testimony of all witnesses.
(c) Issues of law and fact, including alibi or identity of the driver, not identified in the notice of hearing or prehearing statement submitted by the driver shall not be litigated at the hearing.
(d) Upon request for a formal review hearing, if the suspension has not been sustained and the driver is otherwise eligible, the division shall issue a business purpose driving permit. If the suspension is subsequently sustained, the division shall cancel the permit.
Rulemaking Authority 322.2615(12), 322.02(4), 322.271, 322.64(12) FS. Law Implemented 322.2615, 322.64 FS. History-New 10-1-90, Amended 10-17-90, 1-2-96, 3-11-07.