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Procedural Due Process

Assuming arguendo that The Florida DMV had any authority to cancel, revoke, or suspend Mrs. Freeman's driver's license, it did not do so procedurally in accordance with Florida law. Pursuant to Section 322.251(2), Florida Statutes, notice of cancellation, suspension or revocation must be sent and cannot be effective until the "expiration" of twenty (20) days.

The Florida DMV's notice in this case is dated December 18, 2001, and cancels Mrs. Freeman's license on January 7, 2002. The Florida DMV did not provide the mandatory twenty (20) days as required by Florida law. In order to comply with the mandatory twenty (20) days Mrs. Freeman's license could not be revoked until the "expiration" of twenty (20) days, which would be January 8, 2002. The Florida DMV in this case revoked and/or cancelled Mrs. Freeman's license on January 7, 2002.

In addition, The Florida DMV failed to provide additional time for mailing, as required pursuant to Florida law. The required mailing time was explained in this circuit in an analogous situation, where the Fifth District Court of Appeal held that if a notice is given by mail, an additional five (5) days must be added to a period of time designated for response or compliance. See Rule 1.090(e), Fla. R. Civ. P. In Investment and Income and Realty, Inc. v. Bentley,. 480 So.2d 219 (Fla. 5th DCA 1985), this Court ruled that a three (3) day notice, if sent by mail, was required to add an additional five (5) days.

The Florida DMV in this matter failed to provide additional time to comply with the mailing requirements of Florida law. Accordingly, Mrs. Freeman's procedural due process rights have been denied and the Circuit Court misapplied the law by holding otherwise.

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