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DEPT. OF HIGHWAY SAFETY v. SILVA

No. 92-2581.

627 So.2d 612 (1993)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, APPELLANT, v. Miriam SILVA and Public Employees Relations Commission, Appellees.

District Court of Appeal of Florida, First District.

December 14, 1993.

Attorney(s) appearing for the Case

Enoch T. Whitney, Gen. Counsel, and Patrick A. Loebig, Asst. Gen. Counsel, Dept. of Highway Safety and Motor Vehicles, Tallahassee, for appellant.

H. Lee Cohee, II, Gen. Counsel, and Jerry Cheatham, Deputy Gen. Counsel, Tallahassee, for appellee Public Employees Relations Com'n.

PER CURIAM.

The Department of Highway Safety and Motor Vehicles (the department) appeals from an order of the Public Employees Relations Commission (PERC) adopting the findings of the hearing officer but mitigating the recommended penalty of dismissal to a ten-day suspension. Although we might have reservations regarding the wisdom of the penalty directed by PERC, we are unable to say that it amounts to an abuse of the discretion granted PERC by section 447.208(3...

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