CopyCited 29 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 2088
...egory of a privilege. It authorized suspension without "preliminary hearing" upon showing that the licensee has been involved in an "accident resulting in the death or personal injury of another or serious propery damage." It provides for a hearing, Section 322.31(1, 2), F.S.A., and for revocation of one's license on showing of conviction of manslaughter in the operation of a motor vehicle....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2002 WL 384310
...and unreliable. The hearing officer overruled Mr. Alliston's objections. The hearing officer found that the license suspension was proper and issued a final order accordingly. Mr. Alliston sought certiorari review with the circuit court pursuant to section 322.31, Florida Statutes (2000)....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1196
...f an order not binding upon it. When Vogt chose to file a motion in the County Court to hold the Department in contempt, he pursued the wrong remedy. He should have sought certiorari review of the Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985)....
CopyCited 11 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1431
...*729 Drew, Burns, Middleton & Rogers, West Palm Beach, for appellant. James Whitehurst, Brooksville, for appellee. ROBERTS, Justice. We here review a final decree of the Circuit Court in and for Palm Beach County, Florida, entered in proceedings instituted by appellant under the provisions of Section 322.31(2), Florida Statutes, F.S.A., to obtain the reinstatement of his driver's license which had theretofore been cancelled by the Department of Public Safety of the State of Florida....
...It must be held, therefore, that the Department was without authority of law to "cancel" the appellant's license, and the lower court erred in so holding. Because it appears that the lower court may have misconceived its duties and responsibilities under Section 322.31, Florida Statutes, F.S.A., and for the future guidance of the courts in hearing "appeals" under the provisions of such statute, we feel it incumbent to point out that Section 322.31 requires the court on such appeal "to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of his license under t...
CopyCited 10 times | Published | Supreme Court of Florida
...On February 2, 1961, the Florida Department of Public Safety suspended Jones' motor vehicle operator's license for a period of three months. The announced reason for the suspension was the "accumulation of eighteen points within eighteen months" as defined by Section
322.27, Florida Statutes, F.S.A. Pursuant to Section
322.31, Florida Statutes, F.S.A., Jones sought review of the suspension order in the Circuit Court of Polk County....
...mediately upon the entry of a suspension order. The licensee is thereupon allowed an opportunity to be heard in the county of his residence "as early as practical within not to exceed thirty days" after he requests such hearing by the Department. By Section 322.31, Florida Statutes, F.S.A., any final adverse ruling by the Department may be subject to review within thirty days in the circuit court in the licensee's county of residence....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 4222, 2006 WL 733970
...e to stop the vehicle to issue the citation. I believe that this is erroneous and I totally reject it. Factual and Procedural Background This holding arises out of proceedings instituted by Roberts pursuant to sections
322.2615(6), (7), and (15) and section
322.31, Florida Statutes (2003), to determine whether his driver's license was properly suspended after he refused to submit to a breath test....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24328
...nt revoking her driver's license for medical reasons. Final orders of the Department wherein a license has been cancelled, suspended or revoked are reviewable by writ of certiorari issued by the circuit court in the county of the person's residence. § 322.31, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2005 WL 544844
...If the State believes a sentence is erroneous, it is obligated to preserve this issue and appeal it to an appropriate appellate court. Otherwise, the sentence imposed by the court stands, and the Department must comply with that sentence. Fuston,
838 So.2d at 1207. The Department further argues that, pursuant to section
322.31, Florida *172 Statutes (2003), its decision to deny reinstatement of a license is reviewable only by filing a petition for writ of certiorari in the circuit court, not by filing an original action....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 420
...According to appellant's records this conviction was a second conviction and required a revocation of his driver license for five years. §
322.28, Fla. Stat. Appellee was notified of this and had thirty days within which to seek certiorari review by the circuit court under section
322.31, Florida Statutes....
...ected the October 16, 1980, conviction but did not reflect the county court order of June 5, 1984. Therefore, on October 1, 1984, the Department entered its order revoking the driver's license for five years, the penalty for a second DUI conviction. Section 322.31, Florida Statutes, provides in substance that all orders of the department revoking licenses shall be reviewed only by a writ of certiorari in the circuit court in the county where the driver resides in the manner provided in the Florida appellate rules....
...ptory writ commanding the Department to appear on February 11, 1985. When the Department failed to appear on February 11, 1985, as ordered the court issued its absolute writ of mandamus. Thereafter, the Department moved for rehearing and argued that section 322.31 was the driver's exclusive remedy for review and that the circuit court did not have jurisdiction in the mandamus proceeding....
...s" (§§
322.28(2)(d) and
322.282(2), Fla. Stat.) (emphasis supplied). As apparently the Department's own records did not reflect the county court order of June 5, 1984, the Department acted properly in issuing its October 1, 1984, revocation order. Section
322.31, Florida Statutes, provides only for a certiorari review of final orders and rulings of the Department....
...the issues and facts before it and receive new and additional evidence as to issues and evidence not considered by the forum being reviewed and, in effect, retry the controversy in a trial de novo. [2] Therefore, the remedy by certiorari provided in section 322.31, Florida Statutes, was inadequate to give the relief to which appellee driver was entitled and the extraordinary remedy of mandamus was appropriate....
...1977), it was the final order of the Department affirming its prior revocation after an administrative hearing before the Department in which Corbin had an opportunity to present issues and evidence, that Corbin was entitled to have reviewed by certiorari under section 322.31, Florida Statutes (1975)....
...That statute still exists as present section
120.57(1)(a)3., of the Administrative Procedure Act, Chapter 120, Florida Statutes. However, the right to a post-revocation administrative hearing under section
120.57(1)(a)3., Florida Statutes, was eliminated by a 1978 amendment to section
322.31 (Ch....
...has been summarily revoked without notice, to an administrative hearing in which he has an opportunity to present his case. As explained above, because of the nature of the remedy itself, certiorari review in the circuit court presently provided by section 322.31 is not, and cannot be, a substitute for an original hearing before a fact-finder....
...on on the invocation of the original certiorari jurisdiction of the circuit court and the district court of appeal. See Fla.R.App.P. 9.100(b). However, there is no similar time limitation for invoking the mandamus jurisdiction of a court. Neither by section
322.31, Florida Statutes, nor by any other statute, can the legislature constitutionally limit the jurisdiction given by the Florida Constitution to courts. When in 1975, Keith v. Corbin, supra , held that the circuit court's jurisdiction to issue writs of mandamus in matters involving the revocation of driver's licenses was limited by section
322.31, Florida Statutes, drivers had the right to present a case to an original fact-finder, as Mr. Corbin did. Between 1975 and 1978, a driver had the right to an evidentiary hearing under section
120.57(1)(a)3.; but since the 1978 amendment to section
322.31 that right is no longer provided by any statute....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1994 WL 706265
...A circuit court judge, acting in his appellate capacity, cannot enter such an order acting alone. The Department of Highway Safety and Motor Vehicles suspended Melkonian's driver's license. Melkonian sought certiorari review of that decision in the Circuit Court under section 322.31, Florida Statutes (1993)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 43, 1997 WL 7291
...The reviewing court must ask: (1) whether procedural due process was accorded; (2) whether the essential requirements of law were observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence. Haines City Community Development v. Heggs,
658 So.2d 523 (Fla.1995). Section
322.31, Florida Statutes (1993), establishes that review of driver's license suspensions by the Department is governed by the Florida Rules of Appellate Procedure....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14399, 2009 WL 3047325
...The Department of Public Safety was required to notify a licensee immediately upon the entry of a suspension order. The licensee was thereupon allowed an opportunity to be heard in the county of his residence "as early as practical within not to exceed thirty days" after the request. Id. at 514 (citing § 322.31, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 171817
...est a RECORD REVIEW at which time any argument, other than the validity of a conviction, may be presented to a hearing officer for review. A request for a record review shall not toll the time in which to file a writ of certiorari in accordance with § 322.31 F.S....
...*624 Instead of requesting a record review pursuant to the notice, the petitioner filed a petition for writ of certiorari in the circuit court. The circuit court denied the petition on the ground that the petitioner had failed to exhaust her administrative remedies. Florida Statutes §
322.27(7) and §
322.31 (1997) provide that review of a final order revoking a driver's license is by petition for writ of certiorari filed in the circuit court....
...that revoked drivers' licenses without notice pursuant to the Florida Administrative Procedures Act. That intermediate level of review was eliminated by Laws of Florida chapter 78-95, section 20, which made the following addition to Florida Statutes § 322.31: The 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 A...
...Cannon,
482 So.2d 604, 607 (Fla. 5th DCA 1986). The Department takes the position that review remains available under the Administrative Procedures Act, but it cites no authority to support that proposition and it does not explain away the contrary language that was added to §
322.31 by chapter 78-95....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...est a RECORD REVIEW at which time any argument, other than the validity of a conviction, may be presented to a hearing officer for review. A request for a record review shall not toll the time in which to file a writ of certiorari in accordance with S. 322.31 F.S. Section 322.31, Florida Statutes (1993), provides that orders denying, cancelling, suspending or revoking driver's licenses "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." The form order of cancellation advised that "[a]ppeals ... may be initiated within 30 days ... by following the procedure specified in S.322.31 F.S." By letter dated January 28, 1994, petitioner wrote Barbara Lauer, Director of DHSMV's DUI Programs Section, alleging "a false positive urinalysis," and seeking "to enroll in another program at Avalon Center [Avalon] in Santa Rosa County." Ms....
...On March 24 and 28, 1994, petitioner again wrote Ms. Lauer. By letter in reply dated April 26, 1994, she asserted on behalf of DHSMV that "the positive urinalysis in November 1993 served as justification for immediate cancellation," and stated: You do have one option regarding another appeal. 322.31, Florida Statutes contains a writ of certiorari, which provides for a review of the department's decision that cancelled your driving privileges....
...Although the petition was filed within thirty days of April 26, 1994, the circuit court dismissed the petition as untimely on the theory that "the decision of the DUI Evaluator made at [the] appeal hearing" constituted a final order "of the department." § 322.31, Fla. Stat. (1993). The present petition for writ of certiorari seeks to overturn this dismissal. Final Order of the Department Under section 322.31, Florida Statutes (1993), review is available in circuit court only if a petition for certiorari is filed within thirty days of entry of a final DHSMV order....
...f the department (as opposed to action by a "DUI Evaluator" not even employed by the Department). We conclude that the letter of April 26, 1994, from the Director of DHSMV's DUI Programs Section, should be deemed the final order "of the department." § 322.31, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1104242
...Vichich had received three DUI convictions more than ten years ago. Although Mr. Vichich has never denied these convictions under oath, he sought review of the DHSMV's order by means of a petition for certiorari to the circuit court as authorized by section 322.31, Florida Statutes (1999)....
...est a RECORD REVIEW at which time any argument, other than the validity of a conviction, may be presented to a hearing officer for review. A request for a record review shall not toll the time in which to file a writ of certiorari in accordance with S. 322.31 F.S....
...written certification to our Department for a Review under S.
120.57(2) F.S. before any court entry or action may be changed.... Appeals of this order may be initiated within 30 days of the date of this order by following the procedure specified in S.
322.31 F.S....
...Section
322.24, Florida Statutes (1999), allows the DHSMV to revoke a license based upon out-of-state convictions for offenses which, if committed within the state, would be grounds for revocation. None of these statutes provide for a specific administrative review of any order issued by the DHSMV. [6] However, section
322.31, Florida Statutes (1999), provides: *1073 The 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 with...
...At least one court has interpreted this statute as terminating any prior entitlement to an administrative review of a DHSMV decision to suspend or revoke a license prior to seeking certiorari review. See Johnson v. State, Dep't of Highway Safety & Motor Vehicles,
709 So.2d 623 (Fla. 4th DCA 1998) (relying on amendments to section
322.31 made by chapter 78-95, section 20, Laws of Florida, to hold that review of DHSMV order is available only by filing petition for certiorari with circuit court)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...by law, all proceedings for review shall be instituted by filing a petition in the district court of appeal in the appellate district where the agency maintains its headquarters or where a party resides." In apparent conflict with the above statute, § 322.31, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 1742046
...iver's license was canceled effective December 9, 1998, for the reason that he was "not entitled to the issuance" of the license because his "driver license had been permanently revoked." [1] Davis filed a petition for writ of certiorari pursuant to section 322.31, Florida Statutes, arguing that his license had been canceled without due process of law in that he was not afforded notice or an opportunity to heard prior to the Department's entry of the order canceling the driver's license....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 7794, 1991 WL 150408
...That review resulted in an order finding that Scott had refused to submit to the breath test and sustaining the Department's suspension of his license for one year. Section
322.2615(13) provides for appeal from the Department's decision pursuant to section
322.31. Section
322.31 provides: Right of review....
...The circuit court recognized that Lee County was the situs of the license suspension and the administrative hearing and a proper forum county. Nevertheless, because Scott was not a Florida resident, the court found it did not have jurisdiction to entertain his petition. The court held section
322.31 unconstitutional as applied to any non-Florida resident whose driver's license has been suspended pursuant to section
322.2615. The court reasoned that section
322.31 denies nonresidents access to the courts, due process of law, and equal protection of the law and ordered the Department to return Scott's driver's license....
...Venue is the privilege of being accountable to a court in a particular location. In re Guardianship of Mickler,
163 So.2d 257 (Fla. 1964). The circuit court has jurisdiction to review administrative action as provided by law. Art. V, § 5(b), Fla. Const.; Fla.R.App.P. 9.030(c)(1)(C). Here section
322.31 provides for review by the circuit court....
...We hold that the statutory language, "in the county wherein such person shall reside," simply establishes venue. Jurisdiction cannot be conferred by consent or acquiescence. However, venue, when not objected to, is appropriate in a court having jurisdiction. Section 322.31 does not limit the circuit court's jurisdiction to only Florida residents, it simply provides a convenient location in one's county of residence for review....
...ppeal any decision of the department sustaining a suspension of his driver's license by a petition for writ of certiorari to the circuit court in the county wherein such person resides or wherein a formal or informal review was conducted pursuant to s. 322.31." (Emphasis supplied)....
CopyCited 1 times | Published | District Court of Appeal of Florida
exempt from the licensing requirement under section
322.031 or section
322.04, Florida Statutes, have a
CopyPublished | District Court of Appeal of Florida
driver’s license suspensions or revocations. Section
322.31, F.S., F.S.A., provides: “Right of review.-
CopyPublished | District Court of Appeal of Florida
Appellate Procedure 9.030(c)(3) and 9.100, 3 Section
322.31, Florida Statutes (2018), provides that “final
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134
Department’s order by certiorari as authorized in section
322.31, Florida Statutes (1985), adopted the county
CopyPublished | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3429
not erroneous in fact or in law. Affirmed. . Section
322.31, Fla.Stat., F.S.A., giving a right to petition
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1410, 1987 Fla. App. LEXIS 8540
petition for writ of cer-tiorari pursuant to section
322.31, Florida Statutes (1985). We treat the appeal
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6464
six months; and It further appearing that F.S. §
322.31 F.S.A. provides the method of review of an order
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16012
jurisdiction to enter the writs. It did not. Section
322.31, Florida Statutes (1975), provides: “Right
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20538
In statutory certiorari proceedings pursuant to §
322.31, Florida Statutes (1979), the circuit court may
CopyPublished | Florida 5th District Court of Appeal
review of this order in the circuit court. See §
322.31, Fla. Stat. (2017). The three-judge appellate
CopyPublished | Florida 5th District Court of Appeal
review of this order in the circuit court. See §
322.31, Fla. Stat. (2017). The three-judge appellate
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7446
should have dismissed an appeal when Fla.Stat. §
322.31 denominates certiorari • as the appropriate method
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 163, 1986 Fla. App. LEXIS 11459
department’s actions in the circuit court pursuant to section
322.31, Florida Statutes; the 30 day time limit within
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
motor vehicle on the highways of the state. Section
322.031, F. S., provides: In every case in which
CopyPublished | Florida 3rd District Court of Appeal | 2008 WL 5233781
...Because no subpoena had been issued to Officer Millan by the Department's hearing officer, there was nothing for the circuit court to enforce. It was, therefore, without jurisdiction to act on Elias' request. This does not mean that Elias was without recourse. Section 322.31, Florida Statutes (2007), expressly provides for certiorari review in the appellate division of the circuit court of "final orders and rulings of the department wherein any person is denied a license, or where such license has been ......
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2720, 2009 WL 886225
...f an order not binding upon it. When Vogt chose to file a motion in the County Court to hold the Department in contempt, he pursued the wrong remedy. He should have sought certiorari review of the Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985).")....
