CourtListener 10863266•State of Florida v. Jeffrey McShane Hart
State of Florida v. Jeffrey McShane Hart
CourtListener 10863266Fladistctapp22.05.2026
Gesamter Gesetzestext
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-2164
Lower Tribunal No. 2024-CT-300001
_____________________________
STATE OF FLORIDA,
Appellant,
v.
JEFFREY MCSHANE HART,
Appellee.
_____________________________
Appeal from the County Court for Orange County.
Cherish Adams, Judge.
May 22, 2026
SMITH, J.
The State of Florida appeals from an order granting Jeffrey McShane Heart’s
motion to suppress evidence of his refusal to submit to a breath test. Both parties
below and on appeal concede that the facts here mirror those faced by this Court in
State v. Repple, 49 Fla. L. Weekly D1296 (Fla. 6th DCA June 14, 2024), quashed
by State v. Repple, 428 So. 3d 59 (Fla. 2025), where this Court upheld the
suppression finding that the “arresting [municipal] officer lacked authority to request
the test and that the test was therefore invalid because the test was administered
outside the [municipality].” 428 So. 3d at 61. Within a few months of the parties
filing of their briefs, the Florida Supreme Court quashed this Court’s decision,
holding that Florida’s implied consent law 1 authorized a municipal officer’s request
for submission to a breath test outside of the municipality. Id. The State filed a
notice of supplemental authority in this case on February 27, 2026, attaching the
Florida Supreme Court’s State v. Repple decision. Because neither party has sought
to submit any additional briefing on this matter, it appears that both parties recognize
the clear effect of the Florida Supreme Court’s decision here. Accordingly, pursuant
to the holding of State v. Repple, 428 So. 3d 59 (Fla. 2025), we reverse the trial
court’s suppression of Hart’s refusal to submit to a breath test and remand for further
proceedings consistent with this opinion.
REVERSED and REMANDED.
TRAVER, C.J., and PRATT, J., concur.
James Uthmeier, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant
Attorney General, Daytona Beach, for Appellant.
Ashley D. Parker, of Lindsey, Ferry & Parker, P.A., Maitland, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF FILED
1
§ 316.1932(1)(a)1.a., Fla. Stat. (2020).
2
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.