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Court Opinions

Petition for Writ of Certiorari —ADMINISTRATIVE—Department of Highway Safety and Motor Vehicles — car illegally parked on shoulder of limited access roadway in potential violation of 316.1945(1)(a)11 provided objective basis for traffic stop and therefore reasonable suspicion for law enforcement to detain driver to conduct investigation —Petition DENIED. Andrix Johnson v. State, Dept. of Highway Safety and Motor Vehicles, No. 20-CA-5394 (Fla. 13th Jud. Cir., Jan. 25, 2021)


Petition for Certiorari to review quasi-judicial action: - Gaps in Petitioners’ attempt to demonstrate RP-2 rezoning application’s consistency with the comprehensive plan failed to shift burden to the County to show consistency with the plan or a public interest in maintaining the current zoning. Even if the burden had shifted to the County to do so, the record contains competent, substantial evidence of legitimate public interest in maintaining the current zoning. Petition denied. Balm Road Investment, LLC; Cassidy Holdings, LLC; Ballen Investment, LLC; Highway 301 Investors, LLC; Mcgrady Road Investments, LLC V Hillsborough County, No. 19-CA-12782


Petition for Writ of Certiorari—ADMINISTRATIVE— Licensing -- Driver's license -- Hardship license -- Denial – Competent, substantial evidence supported denying hardship license reinstatement where Petitioner admitted to consuming alcohol within one year of applying for hardship reinstatement in violation of §322.271(2)(c).; Petitioner’s lack of candor formed additional basis for denial. Sean Smith v DHSMV - Order Denying Petition for Writ of Certiorari, No. 20-CA-5630


Petition for Writ of Certiorari—ADMINISTRATIVE— Licensing -- Driver's license -- Hardship license -- Denial –Competent, substantial evidence supported denial of hardship license reinstatement where Petitioner admitted to consuming alcohol within one year of application for reinstatement, despite claim that Petitioner had remained drug-free in the years since she lost her license; for purposes of § 322.271(4)(a) 3, alcohol is a “drug.” Kimberly McCarthy v State DHSMV - Order Denying Petition for Writ of Certiorari, No. 20-CA-9474


Petition for Writ of Certiorari—ADMINISTRATIVE— Department of Highway Safety and Motor Vehicles—Disqualification of CDL privilege set aside where law enforcement failed to warn of possible disqualification of CDL privilege for refusing to submit to a breath or urine test under §322.64(7)(b); that no action was taken against CDL privilege does not preclude suspension of Class E driving privilege under § 322.64 (15) and § 322.2615 where implied consent was read to Petitioner prior to his refusal to submit to testing. Benito Berrios v State DHSMV - Order Denying Petition for Writ of Certiorari, No. 20-CA-8270


Petition for Writ of Certiorari—ADMINISTRATIVE— Department of Highway Safety and Motor Vehicles—Agency Inspection Report not required to fulfill the requirements of §316.1934(5)(a-e); affidavit submitted in accordance with §316.1934(5) is presumptive proof of the breath test results, and once the breath test results are admitted into evidence the record contains competent, substantial evidence of impairment; thereafter, the burden shifts to the driver to prove otherwise, and driver must come forward with evidence that the Department failed to conduct required maintenance. Devin A. Tocco v State DHSMV - Order Denying Petition for Writ of Certiorari, No. 20-CA-8481, Devin A. Tocco v State DHSMV - Order Denying Rehearing and Certification, No. 20-CA-8481


Petition for Writ of Prohibition: ADMINISTRATIVE – Executive order’s adoption of supplemental enforcement proceeding in county court is neither a prerequisite to city council considering revocation of wet zoning nor sole enforcement mechanism for establishments violating mask requirements adopted to curb the spread of COVID-19; conviction by court not required where city code also allows for administrative determination of violations. Petition denied. Heriberto Orlando Rodriguez Manduley d/b/a Ybor Cigars Plus v City of Tampa, No. 21-CA-1111 (Fla. 13th Jud. Cir. February 10, 2021)


Petition for Writ of Prohibition: ADMINISTRATIVE –  Petition denied. Sunshine on Seventh, LLC, d/b/a Tangra v City of Tampa, Case No.: 21-CA-1110


Petition for Writ of Prohibition: ADMINISTRATIVE –  City code clearly provides City Council with jurisdiction to revoke wet zoning for establishment’s failure to comply with mask requirements adopted to curb the spread of COVID-19. Petition denied. Carlo Bay Enterprise, INC., d/b/a Prana Ybor's Premier Nitespot, Case No.: 21-CA-1109

Arbitration: Petition to vacate binding arbitration award—arbitrator did not exceed broad authority, as submitted by the parties, to fashion remedy. Petition to vacate award denied. Amalgamated Transit, Local 1593 v. Hillsborough County Transit Authority March 09, 2021)