CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14399, 2009 WL 3047325
...Dickenson,
906 So.2d 316, 318 (Fla. 1st DCA 2005); Dickenson v. Aultman,
905 So.2d 169, 171-72 (Fla. 3d DCA 2005); Doyon v. Dept. of Highway Safety & Motor Vehicles,
902 So.2d 842, 844 (Fla. 4th DCA 2005). In response to these cases, the legislature enacted section
322.2715, Florida Statutes (2005). Among other things, this provision authorized the Department to require the installation of the device whenever the sentencing court failed to order its mandatory placement. See §
322.2715(4), Fla....
...UI offenders to install the device cannot be considered part of their criminal sentences. See Embrey v. Dickenson,
906 So.2d at 318 (finding the Department lacked the independent authority to impose [this] criminal punishment prior to the passage of section
322.2715); Dickenson v....
...vil Procedure 1.220(a) have been met, including numerosity, commonality, and typicality. [3] We note that the Department currently can require the device on convicted DUI offenders if the sentencing court fails to order its mandatory placement ( see §
322.2715(4)) or upon review of the offender's application for license reinstatement ( see §
322.271(2)(d))....
...certainly to anything other than damages. A second DUI conviction for which the trial court should have required the device does not alter the fact that the Department had no such authority with regard to persons convicted before July 1, 2005, when section 322.2715, Florida Statutes (2005), took effect....
...Appellants also alleged that class members who committed their offenses of driving under the influence prior to July 1, 2005, and who were not required by any court to use an ignition interlock device, could not be required by the Department to install such devices pursuant to section 322.2715(4), Florida Statutes (2005)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 WL 1383342
...'s rights as indicated in this opinion and enjoining Department to cancel the suspension of his driver's license and to reinstate his driving privileges. DAVIS, BENTON and POLSTON, JJ., concur. NOTES [1] We note that the legislature recently enacted section 322.2715(4), to take effect July 1, 2005, which provides that [i]f the court fails to order the mandatory placement of the ignition interlock device or fails to order for the applicable period the mandatory placement of an ignition interlock device under s....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1041992
...We conclude that it is unnecessary in this case to decide whether all the approaches taken were appropriate because it is clear that the circuit court's jurisdiction could be invoked to resolve this issue and we would have jurisdiction to review that legal ruling. [2] Section 322.2715(4), Florida Statutes (2005), which became effective July 1, 2005, would appear to have allowed the administrative action in this case if it had been enacted at the time of Karz's offense.
