Florida/Georgia Personal Injury & Workers Compensation

...The Alderman case, supra, concerned a petition for certiorari to the district court of appeal to review a decision of the Commissioner of Agriculture awarding damages for violation of the Citrus Code (ch. 601, F.S.A.). The Commissioner moved to quash for lack of jurisdiction in view of § 601.66(4) and (5), F.S.A., which provide that a party aggrieved by a decision of the Commissioner should seek review by certiorari in the circuit court of Polk County....

...The petitioner argued there, as does the respondent here, that § 120.31, F.S.A., and the rest of the Administrative Procedure Act takes precedence and that certiorari was properly sought in the district court. This court in a decision by Judge Allen held, however, that because § 601.66 was enacted later in point of time than § 120.31, its provisions were controlling and certiorari would properly have been sought in the circuit court....

...A separate agreement, involving a mortgage, fixed a rate of interest at nine per cent, permitted by law. The agreement was incorporated by reference into the contract out of which this dispute arose, and the Commissioner had jurisdiction *585 of the matter under Fla. Stat. § 601.66 (1971), F.S.A....

Marketing Service complained, pursuant to Fla.Stat. § 601.66 (1969), F.S. A., that Jack Goldtrap contracted

...Section 527.17 granted jurisdiction to the District Court of Appeal, First District, to review Department of Insurance orders pertaining to liquefied petroleum gas. See also Alderman v. Conner, 205 So.2d 25 (Fla. 2d DCA 1967), cert. den., 212 So.2d 866 (Fla. 1968), enforcing Section 601.66(4), Florida Statutes (1965), which directed certiorari review of citrus code orders by the "circuit court in and for Polk County." There is no reason to suppose those statutes particularly offended Article V by calling the court of cho...

...refuse on such account to make full payment of such amounts as may be due thereon, or to fail without reasonable cause to perform any specification or duty express or implied arising out of any undertaking in connection with any such transaction;” Section 601.66, Florida Statutes, F.S.A., provides that: “Any person complaining of any violation of any of the provisions of this chapter by any citrus fruit dealer during any shipping season may at any time prior to the expiration of ninety days...

...Dominick, Attorney for E. B. Conoley, Agent. “This Complaint sets forth that: You have failed and refused truly and correctly to account and make full payment promptly for citrus fruit purchased from the petitioner during the 1955-1956 season. “Pursuant to Chapter 601.66, Florida Statutes [F.S.A.], a copy of this complaint is hereby referred to you and *349 you are called upon to satisfy the complaint or to answer the same in writing to the Commissioner of Agriculture not later than Feb....

...on and entry of appropriate order. The Commissioner has carefully examined and considered the entire record. “In the above matter petitioner, E. B. Conoley, as Trustee, on January 27, 1956, pursuant to Section 66 of the Florida Citrus Code [F.S.A. § 601.66], made complaint against Townsend Fruit Company, Inc., and Driskell Townsend, alleging that respondents were indebted to petitioner in the sum of $6,088.80, with respect to a transaction involving the sale of citrus fruit by petitioner to respondents....

...he Commissioner, stating: “This Complaint sets forth that: You have failed and refused truly and correctly to account and make full payment promptly for citrus fruit purchased from the petitioner during the 1955-1956 season. “Pursuant to Chapter 601.66, Florida Statutes [F.S.A.], a copy of this complaint is hereby referred to you and you are called upon to satisfy the complaint or to answer the same in writing *359 to the Commissioner of Agriculture not later than Feb....

...f such amounts as *360 may be due thereon, or to fail without reasonable cause to perform any specification or duty express or implied arising out of any undertaking in connection with any such transaction;”. We are not concerned with that part of Section 601.66, which, in the event the citrus fruit dealer does not comply with the Commissioner’s order to pay, authorizes a suit in the proper Circuit Court for the total sum of money found due by the Commissioner, and which makes such sum prima facie correct....

...The case is before us on certiorari, but in a peculiar posture; and we deem it propitious to trace the steps, and comment thereon, as it traveled its course. Review of the departmental award aforesaid was first sought by certiorari to the circuit court pursuant to § 601.66(4), F.S.1969, F.S.A., which provides in pertinent part as follows: “(4) If the department [of agriculture] determines that the complaint has not been ....

...A specifically prescribed method for seeking review in any particular action or proceeding or from any specified order or decree therein must be observed in cases falling within the purview of the special statute relating to such action or order. 2 The aforesaid § 601.66(4) of the Citrus Code permits certiorari to the circuit court only when the complaint is not established *511 and is dismissed, not as here when it is sustained at least in part....

...as also been interpreted to mean that certiora-ri to a district court will lie where no other method or forum is specifically provided for by statute. 5 Therefore, since the order sought to be reviewed does not fit within the express four corners of § 601.66(4), such order is properly reviewable by cer-tiorari pursuant to § 120.31, supra; and we so hold....

...We have carefully reviewed the record and find that there was competent, substantial evidence to support the findings and conclusions made therein. 6 Accordingly, the order under review is affirmed and certiorari is denied. Certiorari denied. LILES, A. C. J., and HOBSON, J., concur. . § 601.66, F.S.1969, F.S.A....

...s to an}' material fact. The final judgment appealed from followed. No depositions were taken or affidavits filed, although the record contains a certified copy of the commissioner’s order. When the order was entered on January 22, 1965, F.S.1963, Section 601.66, F.S.A....

...Davis in turn notified the Hudson Company that he would sell the remaining fruit for the best price obtainable and would hold it liable for damages. On October 13, 1959 Davis filed a complaint against the Hudson Company with the Commissioner of Agriculture as authorized by § 601.66, F.S.A....

...y judicial or quasi-judicial authority, shall be reviewable by certiorari by the district courts of appeal within the time and manner prescribed by the Florida appellate rules. * * * ” The respondent contends that Chapter 601, Florida Citrus Code, § 601.66(5), Fla....

...Stats., (1965), F.S.A. provides a specific method of review, which is applicable to this case, and that the alternative procedure for judicial review set forth in § 120.31, Fla.Stats., F.S.A., of the Administrative Procedure Act is not applicable. Section 601.66(4) provides: “If the commissioner determines that the complaint has not been so established as aforesaid, the order shall, among other things, dismiss the proceeding....

...The original complainant, if he is aggrieved, shall have thirty days thereafter within which to seek review of said administrative order by certiorari proceedings in the circuit court in and for Polk county, Florida, and such administrative proceedings shall thereupon await the result of such court review.” Section 601.66(5) provides if the commissioner determines that the allegations of the complaint have been established as aforesaid, he shall make his findings of fact accordingly, and that the dealer, if dissatisfied, shall have thirty days thereafte...

...mmissioner with reference to the revocation or suspension of any license granted under the provisions of this law may be reviewed by certiorari by the appropriate circuit court; * * *.” (Emphasis added.) The above section became a law earlier than § 601.66(5), Fla.Stats., F.S.A., and uses the verb “may” while § 601.66(5), Fla....

contract. We grant the writ. Florida Statutes § 601.66 provides for the Commissioner to determine claims