IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

ROBERT ROSSMAN

            Petitioner,

v.                                          Case No. 01-4496 CI – 88B

STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

           Respondent.

_____________________________/

Opinion filed __________________.

Ron Smith, Esq.
Attorney for petitioner

Rhonda Diamond, Esq.
Attorney for respondent

ORDER AND OPINION

      THIS MATTER is before the Court on Robert Rossman’s petition for writ of certiorari seeking review of a decision of the Department of Highway Safety and Motor Vehicles. After reviewing the briefs and record, this Court denies the petition.

      The petitioner argued that the order entered by the hearing officer was not entered within seven working days of the hearing as required by §322.2615(6)(d) Fla.Stat. (2000). The hearing was held on May 25, 2001 and the order entered on June 7, 2001. According to the respondent the department’s offices are not open on Mondays, and the petitioner does not challenge this claim. Therefore, excluding Saturdays, Sundays and Mondays, the order was entered on the seventh day. See Vanworp v. State of Florida Dept. of Highway Safety & Motor Vehicles, Case No. 01-3363 CI, (Fla. 6^th Cir. Ct. July 31, 2001). Moreover, the petitioner has not shown that he would have been prejudiced by the delay. See Overton v. Department of Highway Safety and Motor Vehicles, Case No. 01-2000 CA – 2353, (Fla. 8^th Cir. Ct. June 12, 2001); Piantanida v. Department of Highway Safety and Motor Vehicles, Case No. 00-209130 (Fla. 17^th Cir. Ct. Jan. 12, 2001).

         IT IS THEREFORE ORDERED that the petition is denied.

         DONE AND ORDERED in Chambers at St.Petersburg, Pinellas County, Florida this 10th day of September, 2001.

cc:   Ron Smith, Esq.

         Rhonda Diamond, Esq.