(dissenting).
For the reasons expressed in the special concurrence to the panel decision and the dissent in Elharda v. State, 775 So.2d 321 (Fla. 3d DCA 2000), review denied, — So.2d - (Fla. Case no. SC00-1429, *281January 8, 2001), I would adopt those opinions as the law of this district, overrule Elharda, and affirm the order under review.
JORGENSON, LEVY, GERSTEN and GREEN, JJ., concur.