specially concurring.
While I adhere to the views expressed in my dissent, I, nevertheless, concur in denying the motion for rehearing, because it merely re-argues the merits of the court’s *916decision, contrary to Florida Rule of Appellate Procedure 9.330. See Whipple v. State, 431 So.2d 1011 (Fla. 2d DCA 1983).
I also concur in granting the motion for certification and to stay issuance of the mandate.