Fla. Admin. Code Ann. R. 15A-6.012 - Subpoenas

(1) The driver may request a subpoena/subpoena duces tecum, HSMV Form 78066, for signature and issuance by the clerk or by the hearing officer, for the officers and witnesses identified in documents submitted pursuant to Section 322.2615(2), F.S. These documents include the following: the driver's license; an affidavit stating the officer's grounds for belief that the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances; the results of any breath or blood test or an affidavit stating that a breath, blood or urine test was requested by a law enforcement officer or correctional officer and that the person refused to submit; the officer's description of the person's field sobriety test if any; the notice of suspension; and a copy of the crash report, if any, if requested at or prior to the hearing. The hearing officer may issue a subpoena on his or her own initiative without the request of the driver. Such subpoena forms may be submitted ex parte to the division for issuance and shall be submitted as an original form with one copy.

(a) If a driver requests a subpoena/subpoena duces tecum, the driver shall submit a typed HSMV Form 78066 containing the name and address of the witness whose attendance is requested, the time and place at which the witness is to appear, and the driver's name and address;

(b) If a subpoena duces tecum is requested, the driver shall also describe with particularity and specificity any material to be produced and the relevancy of such material. Materials requested pursuant to a subpoena duces tecum are limited to a time period not to exceed three months prior to the date of suspension.

(c) Discovery subpoenas will not be issued.

(d) Where the person who signs an affidavit is subpoenaed, the notary or attesting officer may only be subpoenaed if relevant to an issue other than the attestation or notarization.

(2) A driver who requests subpoenas to be issued is responsible for the service of such subpoenas and payment of any costs and fees. Service of witness subpoenas and compensation of witnesses shall be in the manner provided for service of witness subpoenas pursuant to Sections 48.031, 92.141 and 92.142, F.S.

(3) Service of a witness subpoena upon a law enforcement officer or upon any federal, state or municipal employee called to testify in an official capacity may be made as provided in Section 48.031(1), F.S., or by delivery to a designated supervisory or administrative employee at the witness' place of employment if the agency head or highest ranking official at the witness' place of employment has designated such employee to accept such service. However, no such designated employee is required to accept such service:

(a) For a witness who is no longer employed by the agency at that place of employment;

(b) If the witness is not scheduled to work prior to the date the witness is required to appear; or

(c) If the appearance date is less than seven (7) days from the date of service.

The agency head or highest ranking official at the witness' place of employment may determine the days of the week and the hours that service may be made at the witness' place of employment.

(4) Proof of service of a subpoena must include the date and time of service, the name of the person served, a certification of service by the person who served the subpoena, proof of payment of witness compensation pursuant to Chapter 92, F.S., and a certification of written notice to the assistant state attorney.

(5) If a driver requests a subpoena to be issued, the driver shall provide written notice prior to service of the subpoena to the assistant state attorney who is representing the State of Florida in any related criminal action concerning a violation of Section 316.193, F.S. If no assistant state attorney has been assigned to the criminal case, or there is no related criminal case, notice shall be given to the appropriate office of the state attorney in the circuit where the subpoena was issued. The division shall provide such notice if the division, rather than the driver, requests the subpoena. For the purpose of this subsection, written notice shall include a copy of the issued subpoena.

(6) A hearing officer is authorized to amend or strike a request for subpoena or subpoena duces tecum which does not comply with the provisions of this rule.

(7) A hearing officer is authorized to quash a subpoena or subpoena duces tecum prior to or at the review.

Notes

Fla. Admin. Code Ann. R. 15A-6.012

Rulemaking Authority 322.2615 (12), 322.2616 (13), 322.02(4), 322.64(12) FS. Law Implemented 322.2615, 322.2616, 322.64 FS.

New 10-1-90, Amended 10-7-91, 1-2-96, 7-3-97, 3-11-07.

New 10-1-90, Amended 10-7-91, 1-2-96, 7-3-97, 3-11-07.