Joseph B. Wiggins, Petitioner v. Florida Department of Highway Safety and Motor Vehicles, Respondent

Summary

The court answered the rephrased certified question affirmatively, holding that a circuit court conducting first-tier certiorari review under section 322.2615 must consider record video evidence when determining whether an administrative suspension is supported by competent, substantial evidence. It further held that officer testimony totally contradicted and refuted by objective, real-time video cannot constitute competent, substantial evidence, and rejected the view that doing so is an improper reweighing of evidence. Justice Canady, dissenting and joined by Justice Polston, would have approved the First District's decision because he viewed the video and testimony as consistent enough to support the hearing officer's findings and considered the circuit court's review an improper reweighing of evidence.