Florida Motor Vehicles Code Section 322.31
Drivers' Licenses
Right of Review
"Final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding."
A writ of certiorari in Florida is a legal document that can be issued by the Florida Supreme Court or any District Court of Appeal. It is commonly associated with a certificate. The certiorari is a type of order that is issued by a higher court to review and potentially overturn a decision made by a lower court. In Florida, there are two main types of writs of certiorari that are commonly used in legal proceedings. These include the "writ of certiorari review" and the "writ of certiorari to quash." The writ of certiorari review is typically used to request a higher court to review a decision made by a lower court. This type of writ is commonly filed when there is a belief that the lower court made an error of law or that the decision was not supported by the facts presented. The purpose of this writ is to seek a review and potentially get the decision reversed or modified. On the other hand, the writ of certiorari to quash is generally used to challenge a specific administrative decision made by a government agency or a lower court. This writ is commonly filed when there is a belief that the decision-maker exceeded their jurisdiction, acted in an arbitrary or capricious manner, or violated the constitutional rights of an individual. The purpose of this writ is to have the higher court declare the decision null and void, effectively "quashing" it. Both types of writs of certiorari in Florida require a certificate, which is a document that is attached to the writ and provides supporting information about the case. The certificate typically includes relevant details such as the case name, case number, dates of lower court proceedings, specific errors or violations being alleged, and any additional evidence or legal arguments to support the need for the writ of certiorari. In summary, a writ of certiorari in Florida is closely associated with a certificate and serves as a legal mechanism to seek a review or challenge a decision made by a lower court or administrative agency. The writ can take two main forms, namely the writ of certiorari review and the writ of certiorari to quash. Both types require a certificate to provide detailed information and justification for the request for review or challenge.
