Licensing — Driver’s license — Suspension — Refusal to submit to breath test — Lawfulness of stop — Community caretaker doctrine — Officer responding to tip from citizen informant that there was man believed to be intoxicated sleeping in vehicle in bar parking lot was entitled to conduct welfare check where he found licensee asleep behind wheel of running vehicle — Hearing officer’s finding that deputy had founded suspicion for investigatory stop was not supported by competent substantial evidence where licensee did not appear to be in need of immediate aid once awake and officer did not believe that licensee was impaired prior to requesting that he exit vehicle

DANIEL MARACICH, Petitioner, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Respondent. Circuit Court, 6th Judicial Circuit (Appellate) in and for Pasco County, Appellate Division. Case No. 2024-CA-001145-WS. January 30, 2025. Petition for Writ of Certiorari. Counsel: Christopher Blaine, for Petitioner. Linsey Sims-Bohnenstiehl, DHSMV, for Respondent.

ORDER GRANTING PETITIONFOR WRIT OF CERTIORARI

THIS CAUSE came before the Court on the Petition for Writ of Certiorari, filed April 25, 2024, by Daniel Maracich (“Petitioner”), represented by Christopher Blaine, Esquire; the Response to Petition for Writ of Certiorari, filed September 18, 2024, by the State of Florida, Dept. of Highway Safety and Motor Vehicles (“Respondent”); and, the Petitioner’s Reply, filed October 6, 2024. Upon review of the briefs, record, and being otherwise fully advised, the Court finds that the Petition for Writ of Certiorari must be granted as set forth below.

BACKGROUND FACTS

Petitioner appeals the Findings of Fact, Conclusions of Law and Decision (“DMV Order”), entered March 27, 2024, by Chaandi McGruder, Hearing Officer (“Hearing Officer”), affirming the license suspension imposed by the Respondent after the Petitioner refused to submit to a breath test. The Hearing Officer upheld the Petitioner’s eighteen-month license suspension, effective January 28, 2024, for driving under the influence.¹ The Hearing Officer denied Petitioner’s motion to invalidate the license suspension based on Danielewicz v. State, 730 So.2d 363 (Fla. 2d DCA 1999) [24 Fla. L. Weekly D793a], with the following findings:

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