Whitehead v. State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews

District Court of Appeal of Florida

Whitehead v. State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews

849 So. 2d 464, 2003 Fla. App. LEXIS 10821, 2003 WL 21658318

CourtDistrict Court of Appeal of Florida

DecidedJuly 16, 2003

DocketNo. 4D01-4603

StatusPublished

This text of 849 So. 2d 464 (Whitehead v. State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Whitehead v. State, Department of Highway Safety & Motor Vehicles, Bureau of Administrative Reviews, 849 So. 2d 464, 2003 Fla. App. LEXIS 10821, 2003 WL 21658318 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Walter Whitehead (Petitioner) seeks certiorari relief from a Broward County circuit court order denying his petition for writ of certiorari, which challenged the denial of his request for a hardship driver’s license. Petitioner’s third ground for relief¹ was that the circuit court failed to apply the correct law when it concluded that chapter 98-223, Laws of Florida, was constitutional and did not violate the single subject rule contained in article III, Section 6 of the Florida Constitution. While the petition was pending on review in this court, the Florida Supreme Court decided the issue in Petitioner’s favor. See Fla. Dep’t of Highway Safety and Motor Vehicles v. Critchfield, 842 So.2d 782 (Fla.2003)(holding that chapter 98-223 violates the single subject requirement of the Florida Constitution), rehearing denied June 11, 2003. Accordingly, we grant relief based on the third ground only, quash the order on review, and remand for the circuit court to determine whether the valid laws in effect prior to the enactment of chapter 98-233 would have provided Petitioner with relief from the administrative order he challenged. See Jackson v. Dep’t of Highway Safety and Motor Vehicles, 848 So.2d 1165, 28 Fla. L. Weekly D1033 (Fla. 2d DCA Apr.25, 2003).

GUNTHER, STONE and MAY, JJ., concur.

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PER CURIAM.

Walter Whitehead (Petitioner) seeks certiorari relief from a Broward County circuit court order denying his petition for writ of certiorari, which challenged the denial of his request for a hardship driver’s license. Petitioner’s third ground for relief¹ was that the circuit court failed to apply the correct law when it concluded that chapter 98-223, Laws of Florida, was constitutional and did not violate the single subject rule contained in article III, Section 6 of the Florida Constitution. While the petition was pending on review in this court, the Florida Supreme Court decided the issue in Petitioner’s favor. See Fla. Dep’t of Highway Safety and Motor Vehicles v. Critchfield, 842 So.2d 782 (Fla.2003)(holding that chapter 98-223 violates the single subject requirement of the Florida Constitution), rehearing denied June 11, 2003. Accordingly, we grant relief based on the third ground only, quash the order on review, and remand for the circuit court to determine whether the valid laws in effect prior to the enactment of chapter 98-233 would have provided Petitioner with relief from the administrative order he challenged. See Jackson v. Dep’t of Highway Safety and Motor Vehicles, 848 So.2d 1165, 28 Fla. L. Weekly D1033 (Fla. 2d DCA Apr.25, 2003).

GUNTHER, STONE and MAY, JJ., concur.

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849 So. 2d 464, 2003 Fla. App. LEXIS 10821, 2003 WL 21658318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-state-department-of-highway-safety-motor-vehicles-bureau-fladistctapp-2003.

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