Petition for Writ of Certiorari to Review Quasi-Judicial Action, Department of Highway Safety and Motor Vehicles:  DRIVER’S LICENSES – Early Reinstatement – Department acted within its authority pursuant to Fla. Stat. 322.25 in revoking Petitioner’s driver license for a period of one year and in denying Petitioner’s early reinstatement application when Petitioner continued to drive while his license was suspended – Petition denied.  Reeves v. Dept. of Highway Safety and Motor Vehicles, No. 03-5048AP-88B (Fla. 6th Cir. App. Ct. Jan. 9, 2004).



 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

THOMAS MORIN REEVES,

                        Petitioner,

 

vs.                                                                                               Appeal No. 03-5048AP-88B

                                                                                                   UCN522003AP005048XXXXCV

STATE OF FLORIDA, DEPARTMENT OF

HIGHWAY SAFETY AND MOTOR VEHICLES,

DIVISION OF DRIVER LICENSES,

                        Respondent.

____________________________________________/

 

 

ORDER DENYING PETITION FOR WRIT OF CERTIORARI 

            THIS CAUSE came before the Court on the Petition for Writ of Certiorari and the Response.  Upon consideration of the same, the record and being otherwise fully advised, the Court finds that the Petition must be denied as set forth below.

            The Petitioner, Thomas Morin Reeves (Reeves), seeks review of the Final Order, entered September 3, 2003, in which the hearing officer for the Respondent, Department of Highway Safety and Motor Vehicles (Department), denied Reeves early reinstatement of his driver license.  In reviewing the Department’s order, this Court must determine (1) whether procedural due process had been accorded, (2) whether the essential requirements of law had been observed, and (3) whether the administrative findings and judgment were supported by competent substantial evidence.  See Vichich v. Department of Highway Safety and Motor Vehicles, 799 So.2d 1069, 1073 (Fla. 2d DCA 2001)(setting forth the standard of review for administrative action taken by the Department).

            The Court rejects Reeves’ general argument that the Department’s decision to deny his application for early reinstatement was arbitrary and capricious and a departure from the essential requirements.  The record shows that the Department acted within its statutory authority in revoking Reeves’ driver license for a period of one year as a habitual traffic offender and in denying Reeves’ early reinstatement application when Reeves continued to drive while his license was suspended.  See Fla. Stat. § 322.25(2); see also Braman Cadillac, Inc. v. Department of Highway Safety and Motor Vehicles, 584 So.2d 1047, 1050 (Fla. 1st DCA 1991)(stating the general principle that the construction of a statute by the administrative agency charged with its enforcement and interpretation is entitled to great weight and persuasive force).   Therefore, it is,

            ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is denied.

            DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this ________ day of January 2004.

 

 

 

                                                                        ___________________________________

                                                                        DAVID A. DEMERS

                                                                        Circuit Judge, Appellate Division

 

 

 

Copies furnished to:

Mark S. Thellman, Esquire

135 East Lemon Street

Tarpon Springs, FL  34689

 

Rhonda F. Goodman, Assistant General Counsel

Fla. Dept. of Highway Safety & Motor Vehicles

2515 West Flagler Street

Miami, FL  33135

 

Bureau of Driver Improvement

2814 East Hillsborough Avenue

Tampa, FL  33610