IN THE CIRCUIT COURT FOR
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
ROBERT ELLIOTT VANWORP,
vs. Appeal No. 01-3363-CI-88A
STATE OF FLORIDA DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES,
ORDER DENYING PETITION FOR A WRIT OF CERTIORARI
Upon consideration of the Petition for a Writ of Certiorari, the Response, and the Reply, the Court finds that the Petition should be denied. The Petitioner argued that the Order entered by the Hearing Officer was not entered within seven working days of the hearing; therefore, it failed to comply with Section 322.2615(6)(d), Florida Statutes. The hearing was held on March 29, 2001, and the hearing officer entered his order on April 11, 2001. Section 322.2615(6)(d) requires the order to be entered within seven working days after a formal review hearing. The Department's offices are not open on Mondays. The days should be counted beginning with March 30 and including April 11, but excluding Saturdays, Sundays, legal holidays and any other day in which the division office is closed. Helton v. State of Florida, Department of Highway Safety and Motor Vehicles, 5 Fla. L. Weekly Supp. 351b (Fla. 9th Cir. Ct. Jan. 7. 1998).
Petitioner argues in his Reply that the Respondent cited a case, which holds that the Department does not have authority to change the statute. When Helton was decided, the statute did not contain the words "7 working days." Section 322.2615(6)(d) was amended in 1999, and Section 322.2615(6)(d) now states, "The department must, within 7 working days after a formal review hearing, send notice to the person of the hearing officer's decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension."
Petitioner filed his Petition for a Writ of Certiorari on May 3, 2001. Not only was the Order timely entered, but Petitioner has not shown how Petitioner has suffered any prejudice by the delay that Petitioner alleged. It is, therefore,
ORDERED that the Petition for a Writ of Certiorari is denied.
DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida, on this 1st day of August 2001.
NANCY MOATE LEY
Circuit Judge, Appellate Division
Copies Furnished To:
J. Donnelly, Esquire
1172 Brownell Street, Suite 1
Clearwater, FL 33756
Attorney for Petitioner
M. Diamond, Esquire
Assistant General Counsel
Dept. of Hwy. Safety & Motor Vehicles
2515 West Flagler Street
Miami, FL 33135
Attorney for Respondent