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Florida Statute Section 322.211(2)(c)(3)

Did you receive an order of license revocation that notified you that your driving privileges will be revoked, suspended or canceled indefinitely because of being "incapable of operating a motor vehicle safely" for medical reasons under Florida Statute Section 322.211(2)(c)-(3)? To resolve the issue, you must show why you are not medically incapable of operating a motor vehicle.

You can contest the revocation by hiring an attorney to file a writ of certiorari (which is similar to an appeal) in accordance with Section 322.31 F.S. within 30 days of the date on the order (which is listed at the top of the notice). An attorney can also help you demand an administrative hearing and represent you during the record review process to show any legal basis why this action is unjustified and present the information to a hearing officer for review. 

Keep in mind that the request for a record review does NOT toll the time in which to file a writ of certiorari in accordance with Section 322.31 F.S. An attorney can help you understand the deadlines so that you can determine the best way to proceed. Many advantages exist to preserving both avenues of attaching the order of revocation, suspension, or cancellation.

The attorneys at the Sammis Law Firm typically charge a flat fee of $1,500 plus costs to help you with this process. You must by $300 up front for a consultation on the revocation issue to discuss your case and the best way to proceed. If, after the consultation, you decide to hire the attorney to help you with the suggested strategy then the additional $1,200 is due to start.

We represent clients throughout the greater Tampa Bay area including Tampa and Plant City in Hillsborough County, Clearwater and St. Petersburg in Pinellas County, New Port Richey and Dade City in Pasco County, Lakeland and Bartow in Polk County and Bushnell in Hernando County, FL. Call today to schedule the initial consultation. 

Florida Statute Section 322.221 provides:

322.221 Department may require reexamination.—

(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, at any time upon written notice of at least 5 days to the licensee, require him or her to submit to an examination or reexamination. Good cause as used herein shall be construed to mean that a licensee’s driving record, a report as provided in s. 322.126, or other evidence is sufficient to indicate that his or her driving privilege is detrimental to public safety.

(2)

(a) The department may require an examination or reexamination to determine the competence and driving ability of any driver causing or contributing to the cause of any crash resulting in death, personal injury, or property damage.

(b) The department may, in its discretion, require any licensed driver to submit to an examination or reexamination prior to his or her normal renewal date upon receipt of a recommendation from a court having jurisdiction of traffic offenses, a law enforcement agency, or a physician stating that the driver’s ability to operate a motor vehicle safely is questionable. At the time of renewal of his or her license a driver may be required to submit to an examination or reexamination at the discretion of the examiner if the physical appearance or actions of the licensee give rise to serious doubt as to his or her ability to operate a vehicle safely.

(c) If the department has reason to believe that a licensee is physically or mentally unqualified to operate a motor vehicle, it may require the licensee to submit medical reports regarding his or her physical or mental condition to the department’s medical advisory board for its review and recommendation. The submission of medical reports shall be made without expense to the state.

(3) Upon the conclusion of such examination or reexamination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under s. 322.16. Refusal or neglect of the licensee to submit to such examination or reexamination shall be ground for suspension or revocation of his or her license.


Demanding the Administrative Hearing for a Record Review

The notice also tells you that if you believe you have any legal basis to show cause why this action is unjustified, you may request a RECORD REVIEW at which time any argument, other than the validity of a conviction, may be presented to a hearing officer for review.

A request for a record review shall not toll the time in which to file a writ of certiorari in accordance with Section 322.31 F.S.

Additionally, you can appeal the order through a writ of certiorari within 30 days of the date of this order by following the procedure specified in Florida Statute Section 322.31.

Florida Statute Section 322.13 provides:

322.31 Right of review.—The final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding.

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