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 (
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL
CIRCUIT
IN AND
APPELLATE DIVISION
THOMAS MORIN REEVES,
Petitioner,
vs.
Appeal No. 03-5048AP-88B
UCN522003AP005048XXXXCV
STATE OF
HIGHWAY SAFETY AND MOTOR VEHICLES,
DIVISION OF DRIVER LICENSES,
Respondent.
____________________________________________/
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 (
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
___________________________________
DAVID A. DEMERS
Circuit Judge, Appellate Division
Copies
furnished to:
Mark S. Thellman, Esquire
Rhonda F. Goodman, Assistant General Counsel
Bureau of Driver Improvement