concurs.
I concur in the result based on Burgess v. Crosby, 870 So.2d 217 (Fla. 1st DCA 2004), and Davidson v. Crosby, 883 So.2d 866 (Fla. 1st DCA 2004). If this issue had not been previously and definitively resolved, I would vote to affirm based on the dissenting opinion in Burgess, which I believe correctly applies the holding in Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003).