According to page 65 of the Hearing Officers’ Manual, medical hearings are only held by Operations Analysts IIs, Supervisors or specially trained hearing officers. A medical hearing is available to any customer whose driving privilege has been suspended or revoked for medical reasons.
The authority to conduct a medical hearing is pursuant to sections 322.271 and 322.222 of the Florida Statutes. It allows the applicant the opportunity to register objections to the Department’s action and present medical information in support of their ability to drive safely. The applicant will be notified of the date and time of the hearing. A hardship license cannot be issued during a medical revocation.
Certain medical documents are confidential under sections 322.125(4) and 322.126(3) of the Florida Statutes. The initial complaint received by the Department cannot be released to anyone and should never be discussed with the applicant, along with any medical documentation, which is kept confidential.
A recommendation will be based upon all the evidence submitted. The applicant will be notified of the results within 30 days from the date of the hearing. The Medical Section will submit a recommendation to the applicant. If the applicant disagrees with the recommended order, he/she may submit any exceptions to the Medical Section within twenty (20) days from the date of the order.
A Final Order will be mailed from the Medical Section notifying the applicant of the final decision. If the applicant fails to appear for the medical hearing, the packet should remain in the local Bureau of Administrative Reviews office for fifteen (15) days in order to re-schedule.
Medical requests are sent directly to medical Medical@flhsmv.gov. Medical will contact the driver to determine if a hearing is required.
The BAR office will collect the filing fee, schedule the hearing within 30 days and notify the driver of the date and time.
The hearing officer will conduct the hearing using a Medical Hearings Script. The Hearing Officer will submit a recommended order to the Human Services Administrator within thirty (30) days of the date of the hearing to the following address:Human Services Administrator in the Medical Review Section
Department of Highway Safety and Motor Vehicles
Neil Kirkman Building
2900 Apalachee Parkway
Room A225 MS 86
Tallahassee, Florida 32399-0500
The Medical Advisory Board will mail the final order to the applicant. The hearing officer will code the record “113 Hearing Scheduled by Field.” Update the database as FWD.
If you need a formal review hearing with the BAR DHSMV, then contact an experienced criminal defense attorney at Sammis Law Firm. Call 813-250-0500.
This article was last updated on Friday, December 19, 2019.