RAWLS, Acting Chief Judge.
Barbara Mary Roos is married to Robert R. Burke. Subsequent to her marriage she applied to the Department of Highway Safety and Motor Vehicles for a Florida driver's license in her maiden name of Barbara Mary Roos. The department refused to process her application, informing her that she would have to use the surname of Burke. After exhausting her administrative remedies, appellee sought and procured a peremptory writ of mandamus in the Circuit Court of Leon County finding, inter alia: