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Criminal law -- Stalking -- Evidence -- Where trial court had granted motion in limine prohibiting state from eliciting evidence concerning prior bad acts unrelated to current charges, court abused its discretion in failing to grant motion for new trial when state repeatedly violated prohibition and cumulative effect of violations was to portray defendant as model of recidivism
Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- No error in finding that licensee who merely submitted short puffs of breath, shook her head, and stated “I hate you” during breath test refused to submit to test -- Hearing -- Failure of subpoenaed witness to appear -- Licensee who did not exercise option to enforce subpoena for arresting officer waived claim that she was not afforded due process by officer's nonappearance -- Lawfulness of arrest -- Where hearing officer's finding that officer had probable cause for arrest is supported by evidence that officer observed physical indicia of impairment and noted deficiencies in licensee's performance of field sobriety exercises, existence of contradictory evidence indicating that officer stated that licensee performed well on exercises is immaterial to appellate review -- Petition for writ of certiorari is denied
Licensing -- Driver's license -- Suspension -- Driving under influence -- Lawfulness of stop -- Officer who pace-clocked licensee driving 52 mph in 40 mph zone and observed that licensee's vehicle was drifting and straddling lane markers had reasonable suspicion for investigatory stop -- Hearing officer -- Departure from neutrality -- Hearing officer did not depart from neutrality by admitting agency Intoxilyzer inspection report kept on file by Department of Highway Safety and Motor Vehicles -- Petition for writ of certiorari is denied
Licensing -- Vehicle tag and registration -- Suspension -- Failure to maintain automobile liability insurance -- Where petitioner sold uninsured vehicle involved in accident to his son prior to accident but did not transfer title until after accident, petitioner was titleholder and owner of vehicle on date of accident, and Department of Highway Safety and Motor Vehicles had authority to suspend petitioner's tags and registrations -- No error in rejecting argument that petitioner's tags and registrations should not be suspended because it was impossible for him to continue insurance coverage on vehicle in which he no longer had insurable interest
Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Despite discrepancies in documents, narrative in DUI report provided competent substantial evidence that licensee was arrested prior to being read implied consent warning and was read implied consent warning prior to refusal -- Although some documents refer to citation number 4565-XGA and others refer to citation number 456-XGA, there is competent substantial evidence from which hearing officer could determine that all documents refer to same DUI incident -- Petition for writ of certiorari is denied
Licensing -- Driver's license -- Suspension -- Driving with unlawful breath alcohol level -- Breath test -- Substantial compliance with administrative rules -- Agency inspector and breath test operator certifications -- Error to admit breath test results without requiring Department of Highway Safety and Motor Vehicles to prove that agency inspector and breath test operator had valid permits
Criminal law -- Driving under influence -- Evidence -- Opinion -- Error to allow officer not trained in accident reconstruction to testify to his opinion that only one vehicle was involved in accident -- Error was harmless where defendant admitted to driving vehicle into guardrail
Municipal corporations -- Code enforcement -- Mangrove Trimming and Preservation Act preempts all local government regulation of mangroves except where local government obtains delegation of Department of Environmental Protection's authority to administer and enforce Act -- Town that did not obtain delegation of DEP authority over mangroves has no authority to impose fine for removal of 109 mangrove trees in violation of town code requiring adherence to Act -- Special magistrate did not err in assessing fine for placement of sand on property without permit -- Attorney's fees -- Town is entitled to recover attorney's fees where ordinance provides for recovery of town's attorney's fees as costs in enforcement actions, and ordinance is not expressly prohibited by law -- Remand to determine whether apportionment of fee award to reflect issues on which town prevailed is required or whether issues are so intertwined that allocation is not feasible
Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Lawfulness of stop -- Hearing officer did not err in refusing to give collateral estoppel or res judicata effect to county court's finding in criminal DUI case that defendant was subject of illegal stop and arrest -- Petition for writ of certiorari is denied
Licensing -- Driver's license -- Suspension -- Driving with unlawful breath alcohol level -- Breath test -- Substantial compliance with administrative rules -- Agency inspector and breath test operator certifications -- Error to admit breath test results without requiring Department of Highway Safety and Motor Vehicles to prove that agency inspector and breath test operator had valid permits
Replevin -- Firearm -- Appeal of lower court ruling denying as untimely petition for replevin of firearms seized from owner's home by police responding to threatened suicide and delivered to sheriff for storage -- Statute requiring that petition for writ of replevin of weapons seized during arrest be filed within 60 days of acquittal or dismissal of charges is inapplicable to owner who was not arrested or charged with crime but, rather, transported to mental health facility -- Remand to address sheriff's argument that return of firearms should be denied under statute that prohibits transfer of weapons to person of unsound mind
Insurance -- Personal injury protection -- Coverage -- Affirmative defenses -- Accord and satisfaction -- Medical provider's acceptance of check indicating it was “Full and Final Payment” created accord and satisfaction as matter of law -- Rehearing -- Fact that court opinion addresses only some points on appeal does not mean that court has failed to consider points not addressed
Licensing -- Driver's license -- Suspension -- Driving under influence -- Hearing -- Failure of subpoenaed witness to appear -- Although hearing officer violated applicable administrative rule by continuing formal administrative hearing when subpoenaed officer failed to appear for second time, noncompliance with rule does not require invalidation of license suspension -- Although law requires that hearing be scheduled within thirty days of request, there is no requirement that the proceeding be completed within thirty-day period
Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Hearing -- Failure of subpoenaed witness to appear -- Where subpoenaed officer provided notice of his nonappearance prior to start of first hearing, administrative rule provides that nonappearance is not deemed failure to appear at hearing -- Consequently, administrative rule providing that no hearing shall be continued for second failure to appear did not prohibit hearing officer from continuing second hearing when officer again failed to appear or from affirming suspension when licensee chose not to enforce subpoena
Criminal law -- Driving under influence -- Petition for writ of prohibition seeking to prohibit county court from bringing petitioners to trial before Department of Administrative Hearings issues its ruling in administrative proceedings in which petitioners contended Intoxilyzer 8000 was not properly and legally approved under Florida Administrative Code -- Since trial court has inherent authority to rule in the matter and is not acting in excess of its jurisdiction, no basis for prohibition lies -- Moreover, petitioners failed to demonstrate or even argue that they have no other appropriate and adequate legal remedy -- Petition denied
Licensing -- Driver's license -- Suspension -- Driving under influence -- Issue of whether state followed proper procedures in approving Intoxilyzer 8000 is not within scope of license suspension hearing
Licensing -- Driver's license -- Suspension -- Driving under influence -- Issue of whether state followed proper procedures in approving Intoxilyzer 8000 is not within scope of license suspension hearing
Criminal law -- Driving under influence -- Search and seizure -- Vehicle stop -- Erratic driving pattern -- Where defendant, who was driving in center lane of six-lane highway, drifted toward lane markers three times and only crossed lane marker by less than width of tire, officer did not have reasonable suspicion of DUI justifying stop -- Error to deny motion to suppress
Arbitration -- Appeals -- Jurisdiction -- Circuit appellate court has jurisdiction to review non-final order of county court compelling arbitration and staying court proceedings -- Briefs -- Timeliness -- Dismissal of appeal would be inappropriate sanction for untimely filing of initial brief where there is no extreme willful misconduct by appellants or their counsel or intentional disregard of orders or appellate rules
Licensing -- Driver's license -- Suspension -- Appeals -- Certiorari -- Where licensee failed to file amended petition for writ of certiorari after original petition was dismissed for failure to comply with appellate rules, petition is dismissed with prejudice
Licensing -- Driver's license -- Suspension -- Driving under influence -- Hearing -- Subpoenas -- Failure to issue -- On remand from appellate court that quashed order upholding license suspension, licensee was entitled to de novo hearing, including new examination of witnesses whose testimony had been presented in original hearing -- Error for hearing officer who did not conduct original hearing to quash subpoenas for witnesses whom licensee had statutory right to subpoena and, instead, rely on transcript of witnesses' testimony from original hearing
Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Licensee was denied fair notice and opportunity to be heard in meaningful manner where agency failed to produce videotape of field sobriety exercises, which licensee planned to submit as evidence to contradict officer's testimony that licensee was impaired during FSE, and licensee was not afforded opportunity to investigate the circumstances surrounding the non-production of the requested tape
Criminal law -- Speedy trial -- Trial court properly denied motion for speedy trial discharge where time constraints imposed by speedy trial rule had not yet expired on date motion was filed -- Even if time constraints had expired, actions of defense counsel in insisting that court delay start of jury selection until certain date out of professed concern for trial preparation and a witness amounted, at the very least, to acquiescence to commencing trial on that date
Criminal law -- Driving under influence -- Evidence -- Field sobriety tests -- Horizontal gave nystagmus -- Error to grant motion to suppress HGN test results based on finding that policy of sheriff's office not to videotape HGN tests amounted to concealment of material and/or possibly exculpatory evidence, in violation of defendant's constitutional rights -- Law enforcement does not have constitutional duty to perform any particular tests or record a criminal transaction -- Moreover, case did not involve bad faith by law enforcement or loss or destruction of evidence, and defendant was not precluded from cross-examining officer concerning HGN test
Municipal corporations -- Zoning -- Variances -- City board of adjustment did not depart from essential requirements of law when it granted set-back variance -- Standing -- Petitioner has standing to challenge city's grant of side-yard setback variance allowing neighbor to place structures within setback on his property -- Certiorari challenge to order granting variance is denied where petitioner was afforded notice and opportunity to be heard, petitioner has not demonstrated that board of adjustment did not consider criteria in land development code governing variances, and competent substantial evidence supported board's decision
Licensing -- Driver's license -- Suspension -- Driving with unlawful blood or breath alcohol level -- Licensee under age 21 -- Lawfulness of arrest -- Hearing officer departed from essential requirements of law by finding that arresting officer had probable cause to believe licensee was in physical control of vehicle where that finding was supported only by arresting officer's statement in probable cause affidavit that stopping deputy informed arresting officer that licensee was driver -- Vague conclusory statement in affidavit did not demonstrate that stopping deputy provided sufficient facts and a legitimate determination as to identity of driver of vehicle -- License suspension order quashed
Licensing -- Driver's license -- Suspension -- Hearing -- Venue -- Department of Highway Safety and Motor Vehicles failed to follow administrative rule where hearing to review license suspension was not held in judicial circuit where notice of suspension was issued, as required -- Hearing did not take place in required venue where hearing officer was not physically present in the venue, but conducted formal review hearing telephonically from another circuit over licensee's objection
Colleges and universities -- Student discipline -- Hearing -- Due process -- Student was not denied due process by failure to record deliberations of student conduct board panel as part of record of student disciplinary proceeding -- Despite comments indicating panel's heightened concern for ethics violation committed by student intending to enter medical field, record does not support claim that panel did not adhere to correct standard of review and burden of proof -- Competent substantial evidence that student was alone for less than 5 minutes in instructor's office with computer access to his grades at time student's grades were changed and that no other students' grades were changed supports finding that student more likely than not changed his grades
Landlord-tenant -- Public housing -- Eviction -- Noncompliance with lease -- Trial court erred in dismissing eviction action based on defense not pled or litigated by tenant -- Complaint alleging that tenant was arrested and charged with crime was sufficient to place tenant on notice that she was being evicted for engaging in criminal activity
Civil procedure -- Relief from judgment -- Where motion to vacate final judgment stated colorable entitlement to relief, it was error to deny motion without conducting evidentiary hearing
Criminal law -- Driving while license suspended -- Discovery -- State's failure to comply -- State's failure to disclose verified driving record with defendant's address on it until midway through trial constituted a discovery violation -- Trial court erred in failing to conduct Richardson hearing to determine whether discovery violation was willful or inadvertent, substantial or trivial, and prejudicial to defendant's trial preparation -- Error was not harmless where sole defense was that defendant was unaware that his license had been suspended for failure to pay fines, state had previously provided defendant with a driving record which did not contain defendant's address, and defense counsel, believing this absence meant the record did not conclusively show that agency had sent defendant notice of license suspension, elected to waive continuance and to go to trial without defendant's sole witness -- Moreover, trial court erred in not offering continuance to defense as part of remedy for discovery violation -- Conviction vacated -- Remand for further proceedings
Insurance -- Personal injury protection -- Coverage -- Medical benefits -- Diagnostic services -- Reasonableness of charges -- Discovery -- Information regarding other types of insurance accepted by provider and reimbursement amounts that provider has agreed to accept from other insurance companies, including HMO and PPO agreements -- Amount a medical provider contracts for with other providers, such as HMO or PPO setting, may be logically probative of the reasonableness of what is charged or reimbursed -- Plaintiff ordered to provide for in camera inspection information regarding HMO and PPO agreements between plaintiff, or other entity through which plaintiff provided medical services, and any managed care provider, HMO, PPO, or others, in effect of dates of service at issue in this case
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