FRANCIS JAMES TRIGLIA
v.
STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND
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Francis James Triglia sought certiorari review of a DHSMV order suspending his driver's license for three months following a nolo contendere plea to failing to stop at a red light that caused a crash with serious bodily injuries. The court granted the writ of certiorari, finding that the hearing officer lacked jurisdiction to preside over a civil infraction case involving personal injury, and thus the suspension order was invalid.
The court held that the Hearing Officer lacked jurisdiction to hear civil infraction cases involving personal injury under Florida Statutes 318.32 and Administrative Order No. 08-04(1)(c), and therefore could not certify that the Petitioner had admitted to the infraction as required by Florida Statutes 318.14(7)(a). Consequently, the DHSMV's suspension order was not based on competent and substantial evidence and constituted a departure from the essential requirements of law.
[1] A hearing officer lacks jurisdiction to preside over civil infraction cases involving personal injury or death.
[2] An administrative suspension of a driver's license based on a plea entered before a hearing officer without jurisdiction is not supported by competent and substantial evi…
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Join FLexlaw to unlock all legal intelligence“Hearing Officers shall not hear "civil infraction cases involving a personal injury or death."”
Establishes the statutory prohibition on hearing officers' jurisdiction over civil infractions involving personal injury under Florida Statutes 318.32 and Administrative Order No. 08-04.
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Join FLexlaw to unlock all legal intelligenceOn January 28, 2012, Triglia was cited for failing to stop at a red light that resulted in a crash causing serious bodily injuries. On June 27, 2012, …
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ORTIZ, Judge. Petitioner, Francis James Trigiia, requests certiorari review of an administrative order rendered by the Department of Highway Safety & Motor Vehicles (hereinafter DHSMV), on Jul 16, 2012 suspending his driver’s license for three months. For the reasons set forth below, . Y, this court is granting the Petitioner’s Writ of Certiorari, quashing DHSMV’s order and remanding this matter for further proceedings consistent herewith. On January 28, 2012, the Petitioner was given a citation for failing to stop fora flashing 'n a crash that caused serious bodily injuries. On June 27, 2012, the case was red light resulting 1 set for pretrial conference before a Civil Traffic Infraction Hearing Officer. At that time, the . [*2] Francis James Triglia vs. DHSMV Petitioner pied nolo contendere to the charges and adjudication was withheld. As a resuit of this plea, on August 6, 2012, Petitioner’s driving privilege was administratively suspended for a period of three months. This appeal emanates from the administrative suspension of the Petitioner’s iicense following a plea entered by the defendant on June 27, 2012, to the charge of failure to obey a red light resulting in a crash that caused serious bodily injury. The Petitioner filed the pending writ of certiorari requesting this Court’s mandate reversing the order of suspension on the basis that the Hearing Officer lacked jurisdiction to preside and make any determinations relative to the charges brought against the Petitioner. - Pursuant to Florida Statutes 318. 32 and Administrative Order N0. 08494, Hearing Officers shall not hear “civil infraction cases involving a personal injury or death.” The Hearing Officer lacked Ijurisdiction to preside over this matter and was not an official who could certify to the DHSMV that the Petitioner had admitted to the infraction as is required by Florida Statutes 318.14(7) (a). As a result the DHSMV’s suspension was not based on competent and substantial evidence and constituted a departure from the essential requirements ofthe iaw. The actions of the Hearing officer and the DHSMV did not comply with the mandates of Florida Statutes 318.32, 318.14(7) (a) and Administrative Order N0. 08-04 (l)(c). As such, we quash the Departn1ent’s suspension of Francis James Triglia’s license suspension. The Petition for Writ of Certiorari is granted and the case is remanded so that it can be set before an official havingjurisdiction to preside over this matter. [*3] E T~ NGRANTED. ., g ‘ht. it’; Bernard S. Shapiro date Circuit Court Judge / My 7a5»e xdy Sue Gl er flute Circuit Cou udge -' /9°? £17673 Maria .Ortiz date Cou yCourt Judge CC: Rhea P. Grossman, Esquire Jason Helfant, Assistant General Counsel