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IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMLDADE
COUNTY, FLORIDA
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LIONEL MARQUEZ,
APPELLATE DIVISION
Petitioner,
CASE NUMBER: 15-325-AP
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Citation Number: S15 1758 E
STATE 0F FLORIDA, DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR
VEHICLES,
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Respondent.
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An appeal from a decision of the State of Florida Department of Highway Safety and
Motor Vehicles.
George T. Pallas of George T. Pallas, PA, for Petitioner.
Natalia Costea, Office of the General Counsel for the Department of Highway Safety and
Motor Vehicles Miami, for Respondent.
Before: MURPHY, GLICK, and HIRSCH, JJ.
PER CURIAM.
The State of Florida Department of Highway Safety and Motor Vehicles (“DHSMV”)
issued an Order of License Revocation, Suspension, or Cancellation on June 23, 2015, which
suspended the Petitioner’s license for a period of one year for obtaining a license by fraud. The
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Petitioner requested a formal review of the suspension on July 2, 2015 and specificaily requested
a show cause hearing on July 21, 2015. However, the DHSMV failed to schedule the requested
hearing within 30 days, as required by statute. See § 322.2615(6), Fla. Stat. (2015). Because
DHSMV failed to schedule the hearing within 30 days, DHSMV “shall invalidate the
suspension.” § 322.26l5(9), Fla. Stat. (2015). In fact, the DHSMV never scheduled the hearing
requested by the Petitioner.
However, on August 17, 2015 DHSMV sent the Petitioner a letter advising him that he
could request a hardship license. On August 24, 2015 the Petitioner requested a hardship license
hearing. The DHSMV scheduled this subsequent request and the hearing was held on August
26, 2015. The hearing officer denied the request for a hardship license.
The hardship license hearing should not have been held since it was scheduled after the
statutory period and section 322.2615(9) of the Florida Statutes (2015) compels the DHSMV to
invalidate the suspension if a requested hearing is not scheduled within 30 days.
The DHSMV’s failure to schedule a hearing within 30 days of the Petitioner’s request is
a violation of procedural due process.
Therefore, the Petition for Writ of Certiorari is
GRANTED and the Order of License Revocation, Suspension, or Cancellation is QUASHED.
Because we are quashing the Order of License Revocation, Suspension, or Cancellation based
upon the lack of procedural due process, any subsequent proceeding and orders that were
entered, as well as the remaining issues addressed in the Petition, are moot.
COPIES FURNISHED TO COUNSEL
OF RECORD AND TO ANY PARTY
NOT REPRESENTED BY COUNSEL
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