
    DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Petitioner, v. Robert LAZZOPINA, Respondent.
    No. 5D01-1301.
    District Court of Appeal of Florida, Fifth District.
    Oct. 19, 2001.
    Opinion on Rehearing Feb. 15, 2002.
    Enoch J. Whitney, General Counsel, and Michael J. Alderman, Assistant General Counsel, Tallahassee, for Petitioner.
    Stuart I. Hyman, of Stuart I. Hyman, P.A., Orlando, for Respondent.
   GRIFFIN, J.

The State of Florida, Department of Highway Safety and Motor Vehicles [“Department”] seeks certiorari review of a decision of the Eighteenth Judicial Circuit overturning the Department’s suspension of Robert Lazzopina’s [“Lazzopina”] driver’s license for driving under the influence. The issues raised are controlled by a series of recent opinions of this court quashing the decisions on which Lazzopina has relied in support of the circuit court’s decision. Department of Highway Safety & Motor Vehicles v. Russell, 793 So.2d 1073 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Mowry, 794 So.2d 657 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Cochran, 798 So.2d 761 (Fla. 5th DCA 2001). We likewise quash the circuit court’s decision and remand.

WRIT GRANTED; DECISION QUASHED.

HARRIS and PETERSON, JJ., concur.

ON MOTION FOR REHEARING

GRIFFIN, J.

Respondent has filed a motion for rehearing directed at this court’s previously-issued opinion, urging that the cited authorities do not necessarily dictate affir-mance of the hearing officer’s decision. Finding merit to the motion, we accordingly clarify our earlier opinion by explaining that the circuit court, on remand, shall reconsider the petition, in particular, Argument III, in light of these authorities.

HARRIS and PETERSON, JJ., concur.  