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."
The Writ of Certiorari is a legal term that refers to a request made by an appellate court to a lower court in order to review a case. This writ is typically issued when the higher court believes there are grounds for reconsideration or when an important question of law needs clarification. To pursue a Writ of Certiorari, there are certain requirements that must be met. One major requirement is that the case must have completed all available proceedings at the lower court level. This means that all the remedies and appeals within the lower court system must have been exhausted before the Writ of Certiorari can be sought. Another crucial requirement for a successful Writ of Certiorari is that the case must involve a significant federal or constitutional question. This means that the matter being appealed must have implications beyond individual parties and have the potential to impact legal principles or rights on a broader scale. The higher court seeks cases that would contribute to the development and clarification of the law. Additionally, the issue being presented for review through the Writ of Certiorari should be in conflict with prior judicial decisions or have had multiple conflicting decisions across lower courts. This inconsistency creates a need for the higher court's intervention to provide uniformity, resolution, and guidance in the interpretation of the law. There are also different types of Writ of Certiorari requirements, each with their own unique circumstances. One type is the "Certiorari before Judgment," which allows a higher court to review a case before the lower court has rendered a final decision. This type is usually granted in exceptional circumstances where time sensitivity or the importance of the issue warrants immediate attention. Another type is the "Conditional Writ of Certiorari," where the appellate court grants the writ but only if specific conditions are met. This type is often used in cases where the lower court needs to take certain actions or clarify particular points before the higher court assesses the matter fully. In summary, the Writ of Certiorari requirements include completing all lower court proceedings, having a significant federal or constitutional question at hand, and demonstrating a conflict or inconsistency in prior decisions. Additionally, different types of Writ of Certiorari requirements exist, such as Certiorari before Judgment and Conditional Writ of Certiorari, which cater to specific circumstances. Seeking a Writ of Certiorari is a crucial step for parties seeking appellate review and clarification from a higher court.
