Department of Highway Safety & Motor Vehicles v. Rose, 105 So. 3d 22

Department seeks certiorari review of circuit court quashing its order affirming Rose’s license suspension.
Rose was arrested for DUI and refused a breath test; suspension under §322.2615(1), Fla. Stat. (2010).
Rose requested a formal hearing under §322.2615(6); hearing officer affirmed probable cause to believe driving under the influence.
Circuit court quashed the hearing officer’s order, holding there was no probable cause.
This court reviews certiorari for procedural due process and correct law; circuit court may not reweigh evidence or make its own probable-cause determination.
Hearing officer’s findings included field sobriety cues; the circuit court ignored other considerations and reweighed the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether circuit court properly applied the standard of review in certiorari review of the hearing officer’s probable-cause determination.	Rose (Dept.) argues circuit court erred by reweighing evidence.	Rose contends circuit court should defer to hearing officer findings if supported by evidence.	Yes; circuit court exceeded scope by reweighing evidence; certiorari granted.

Mathis v. Coats, 24 So.3d 1284 (Fla. 2d DCA 2010) (probable cause factors beyond odor support DUI arrest)
State v. Kliphouse, 771 So.2d 16 (Fla. 4th DCA 2000) (odor not required; multiple impairment cues establish probable cause)
Favino v. Dept. of Highway Safety & Motor Vehicles, 667 So.2d 305 (Fla. 1st DCA 1995) (circuit court cannot reweigh hearing officer’s findings)
Silva v. Dept. of Highway Safety & Motor Vehicles, 806 So.2d 551 (Fla. 2d DCA 2002) (circuit court may not make independent probable-cause determination)
Haskins v. Dept. of Highway Safety & Motor Vehicles, 752 So.2d 625 (Fla. 2d DCA 1999) (court applied incorrect law by reviewing de novo without deference to findings)
Meador (State v. Meador), 674 So.2d 826 (Fla. 4th DCA 1996) (HGN evidence limited; other field sobriety tests relied upon)