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.
Revocations by Medical Advisory Board
After the medical advisory board reviews your case and recommends the denial of your driving privilege, then yoyo will be provided with a revocation order. The revocation order typically provides:
This Order of License Revocation is to notify you that your driving privileges are revoked by the State of Florida effective on _______ for a period of indefinite. The reason for this act is based on the following:
INCAPABLE OF OPERATING A MOTOR VEHICLE SAFELY – MEDICAL FLORIDA STATUTE 322.221(2)(c)(3)
You may request more information regarding the DSHMV’s decision in your case by contacting our office at 850-617-3814 or firstname.lastname@example.org.
Additionally, you or your attorney may request an administrative hearing to contest the DHSMV’s action in your case pursuant to 15A-5.0022, FAC.
After you receive the order of revocation, read the fine print carefully. Florida law requires that you surrender any driver license in your possession by the effective date of the order.
The letter explains that you can apply for an administrative hearing to review the record if you believe you have any legal basis to show cause why this action is unjustified. The request for a record review does not toll the time in which to file a writ of certiorari in accordance with S. 322.31 F.S.
Sample Request for an Administrative Hearing under 15A-5.0022, FAC
Bureau of Motorist Compliance
Attn: Medical Review Section
2900 Apalachee Parkway, MS 86
Tallahassee, FL 32399-0500
Dear Medical Review Section,
I represent [insert name] who was provided notice that the medical advisory board reviews recommended the denial of his driving privilege and the revocation order dated [insert date]. A copy of the Order of License Revocation, Suspension, or Cancellation is attached as Exhibit “A”.
Please be advised that this letter is a request for more information regarding the DSHMV’s decision. In fact, we are requesting all information in the DHSMV’s file regarding this revocation. Additionally, we are requesting a “record review.”
Furthermore, we are requesting an administrative hearing to contest the DHSMV’s action in this case pursuant to 15A-5.0022, FAC to review the record because we believe we have a legal basis to show cause why this action is unjustified.
Consider this our written request for a hearing pursuant to Section 322.222, F.S., and Rule 15A-1.0195, F.A.C. We are filing this request with the Bureau of Motorist Compliance, Medical Review section, 2900 Apalachee Parkway, Neil Kirkman Building, MS 86, Tallahassee, Florida 32399-0500. The request is being sent by regular United States mail and FedEx.
The request, which I signed below, contains the following:
Daytime telephone number:
Driver license number of the party on whose behalf the request is filed:
This request for a hearing is filed within 30 days after receipt of written notice of the Department’s decision.
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