Florida Statute 322.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.31

322.31 Right of review.—The final orders and rulings of the department wherein any person’s license is denied, canceled, suspended, or revoked or wherein any person’s commercial driver license or temporary commercial instruction permit is downgraded 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.

History.—s. 43, ch. 19551, 1939; CGL 1940 Supp. 4151(657); s. 43, ch. 20451, 1941; s. 1, ch. 59-95; s. 1, ch. 59-278; s. 5, ch. 61-457; s. 18, ch. 63-512; s. 20, ch. 78-95; s. 7, ch. 2024-151.

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Amendments to 322.31

Annotations, Discussions, Cases:

Cases Citing Statute 322.31

Total Results: 43

Thornhill v. Kirkman

62 So. 2d 740, 1953 Fla. LEXIS 2088

Supreme Court of Florida | Filed: Jan 16, 1953 | Docket: 1673134

Cited 29 times | Published

propery damage." It provides for a hearing, Section 322.31(1, 2), F.S.A., and for revocation of one's

DHSMV v. Alliston

813 So. 2d 141, 2002 WL 384310

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 403669

Cited 20 times | Published

certiorari review with the circuit court pursuant to section 322.31, Florida Statutes (2000). The circuit court

STATE, DEPT. OF HIGHWAY SAFETY v. Vogt

489 So. 2d 1168, 11 Fla. L. Weekly 1196

District Court of Appeal of Florida | Filed: May 23, 1986 | Docket: 546059

Cited 14 times | Published

Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985). See Mellon v. Cannon

Carnegie v. Department of Public Safety

60 So. 2d 728, 1952 Fla. LEXIS 1431

Supreme Court of Florida | Filed: Oct 14, 1952 | Docket: 1507683

Cited 11 times | Published

instituted by appellant under the provisions of Section 322.31(2), Florida Statutes, F.S.A., to obtain the

Jones v. Kirkman

138 So. 2d 513

Supreme Court of Florida | Filed: Mar 7, 1962 | Docket: 1404183

Cited 10 times | Published

322.27, Florida Statutes, F.S.A. Pursuant to Section 322.31, Florida Statutes, F.S.A., Jones sought review

Crain v. State

79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2357556

Cited 6 times | Published

Florida via a statutory exemption pursuant to section 322.031, Florida Statutes (2009) or section 322.04

Department of Highway Safety and Motor Vehicles v. Roberts

938 So. 2d 513, 2006 Fla. App. LEXIS 4222, 2006 WL 733970

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1253979

Cited 6 times | Published

to sections 322.2615(6), (7), and (15) and section 322.31, Florida Statutes (2003), to determine whether

Wingate v. STATE, DEPT. OF HWY. SAFETY AND MOTOR VEHICLES

442 So. 2d 1023, 1983 Fla. App. LEXIS 24328

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 229221

Cited 6 times | Published

court in the county of the person's residence. § 322.31, Fla. Stat. (1981). The circuit court received

Dickenson v. Aultman

905 So. 2d 169, 2005 WL 544844

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1711809

Cited 5 times | Published

Department further argues that, pursuant to section 322.31, Florida *172 Statutes (2003), its decision

Melkonian v. Goldman

647 So. 2d 1008, 1994 WL 706265

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437829

Cited 5 times | Published

of that decision in the Circuit Court under section 322.31, Florida Statutes (1993). Judge Goldman, Administrative

Mellon v. Cannon

482 So. 2d 604, 11 Fla. L. Weekly 420

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 1769407

Cited 5 times | Published

certiorari review by the circuit court under section 322.31, Florida Statutes. He failed to do this even

Department of Highway Safety & Motor Vehicles v. Smith

687 So. 2d 30, 1997 Fla. App. LEXIS 43, 1997 WL 7291

District Court of Appeal of Florida | Filed: Jan 6, 1997 | Docket: 1718752

Cited 4 times | Published

Development v. Heggs, 658 So.2d 523 (Fla.1995). Section 322.31, Florida Statutes (1993), establishes that

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

20 So. 3d 915, 2009 Fla. App. LEXIS 14399, 2009 WL 3047325

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1639907

Cited 3 times | Published

thirty days” after the request. Id. at 514 (citing § 322.31, Fla. Stat.). In rejecting the argument that a

Johnson v. STATE DEPT. OF HWY. SAFETY

709 So. 2d 623, 1998 WL 171817

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1681979

Cited 3 times | Published

to file a writ of certiorari in accordance with § 322.31 F.S. *624 Instead of requesting a record review

Davis v. DEPT. OF HWY. SAF. & MOT. VEH.

660 So. 2d 775

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 1647140

Cited 2 times | Published

certiorari in accordance with S. 322.31 F.S. Section 322.31, Florida Statutes (1993), provides that orders

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

exempt from the licensing requirement under section 322.031 or section 322.04, Florida Statutes, have a

Vichich v. DHSMV

799 So. 2d 1069, 2001 WL 1104242

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1681732

Cited 1 times | Published

certiorari to the circuit court as authorized by section 322.31, Florida Statutes (1999). In reviewing the

STATE, DEPT. OF HIGHWAY v. Davis

775 So. 2d 989, 2000 WL 1742046

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 1185227

Cited 1 times | Published

petition for writ of certiorari pursuant to section 322.31, Florida Statutes, arguing that his license

STATE DEPT. OF HWY. SAFETY AND MOTOR VEHICLES v. Scott

583 So. 2d 785, 1991 Fla. App. LEXIS 7794, 1991 WL 150408

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 1284411

Cited 1 times | Published

the Department's decision pursuant to section 322.31. Section 322.31 provides: Right of review. The final

STATE DEPT. OF HWY. SAF. & MOTOR VEH., ETC. v. Adams

338 So. 2d 542

District Court of Appeal of Florida | Filed: Oct 6, 1976 | Docket: 455351

Cited 1 times | Published

" In apparent conflict with the above statute, § 322.31, Fla. Stat. (1975), provides as follows: "The

Dep't of Highway Safety & Motor Vehicles v. Morrical

262 So. 3d 865

District Court of Appeal of Florida | Filed: Jan 11, 2019 | Docket: 64702075

Published

review of this order in the circuit court. See § 322.31, Fla. Stat. (2017). The three-judge appellate

Dep't of Highway Safety & Motor Vehicles v. Morrical

262 So. 3d 865

District Court of Appeal of Florida | Filed: Jan 11, 2019 | Docket: 64702076

Published

review of this order in the circuit court. See § 322.31, Fla. Stat. (2017). The three-judge appellate

Dept. of Highway Safety and Motor Vehicles v. Sperberg

257 So. 3d 560

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015413

Published

Appellate Procedure 9.030(c)(3) and 9.100, 3 Section 322.31, Florida Statutes (2018), provides that “final

VTS Transportation, Inc. v. Palm Beach County

239 F. Supp. 3d 1350, 2017 U.S. Dist. LEXIS 36381, 2017 WL 1042331

District Court, S.D. Florida | Filed: Mar 9, 2017 | Docket: 64313078

Published

authorized to operate a motor vehicle pursuant to Section 322.031, Florida Statutes.” DE 351-1 at 4-5, ¶ 11(D)

State, Department of Highway Safety & Motor Vehicles v. Lopez

188 So. 3d 95, 2016 Fla. App. LEXIS 4890, 2016 WL 1239879

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049133

Published

Juan Jose Lopez. Pursuant to *96 section 322.31 of the Florida Statutes, Lopez had thirty days

State, Department of Highway Safety & Motor Vehicles v. Melendez

132 So. 3d 1237, 2014 WL 785005, 2014 Fla. App. LEXIS 2603

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60238366

Published

order by following the procedure specified in § 322.31, Florida Statutes.”- Petitioner did not file her

Department of Highway Safety & Motor Vehicles v. Crane

10 So. 3d 182, 2009 Fla. App. LEXIS 2720, 2009 WL 886225

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1132466

Published

Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985)."). Cf. Department

DEPT. OF HIGHWAY SAFETY v. Elias

997 So. 2d 1172, 2008 WL 5233781

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1378677

Published

does not mean that Elias was without recourse. Section 322.31, Florida Statutes (2007), expressly provides

Duckworth v. State

923 So. 2d 530, 2006 Fla. App. LEXIS 2492, 2006 WL 437506

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 64842971

Published

be admitted in proceedings under § .322.271 or § 322.31. Any person conducting an examination pursuant

Department of Highway Safety v. Parsons

719 So. 2d 339, 1998 Fla. App. LEXIS 11541, 1998 WL 601341

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64783576

Published

130(a)(3)(B). . § 316.193, Fla. Slat. (1997). . Section 322.31 provides: Right of review.' — The final orders

Davis v. Department of Highway Safety & Motor Vehicles

660 So. 2d 775, 1995 Fla. App. LEXIS 9770, 1995 WL 548346

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 64758888

Published

certiorari in accordance with S. 322.31 F.S. Section 322.31, Florida Statutes (1993), provides that orders

Department of Highway Safety & Motor v. Hagar

581 So. 2d 214, 1991 Fla. App. LEXIS 5149, 1991 WL 93530

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 64659474

Published

challenging the revocation order pursuant to section 322.31 of the Florida Statutes (1989). Hagar alleged

Department of Highway Safety & Motor v. Hagar

581 So. 2d 214, 1991 Fla. App. LEXIS 5149, 1991 WL 93530

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 64659474

Published

challenging the revocation order pursuant to section 322.31 of the Florida Statutes (1989). Hagar alleged

Dept. of Highway Safety & Motor Vehicles, Division of Driver Licenses v. Shenk

509 So. 2d 355, 12 Fla. L. Weekly 1410, 1987 Fla. App. LEXIS 8540

District Court of Appeal of Florida | Filed: Jun 4, 1987 | Docket: 64628196

Published

petition for writ of cer-tiorari pursuant to section 322.31, Florida Statutes (1985). We treat the appeal

State, Department of Highway Safety & Motor Vehicles v. Bell

505 So. 2d 472, 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 64626396

Published

Department’s order by certiorari as authorized in section 322.31, Florida Statutes (1985), adopted the county

Department of Highway Safety & Motor Vehicles v. Spells

502 So. 2d 19, 12 Fla. L. Weekly 163, 1986 Fla. App. LEXIS 11459

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624853

Published

department’s actions in the circuit court pursuant to section 322.31, Florida Statutes; the 30 day time limit within

State, Department of Highway Safety & Motor Vehicles, Division of Driver Licenses v. Purdum

400 So. 2d 1050, 1981 Fla. App. LEXIS 20538

District Court of Appeal of Florida | Filed: Jul 15, 1981 | Docket: 64583830

Published

In statutory certiorari proceedings pursuant to § 322.31, Florida Statutes (1979), the circuit court may

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3258477

Published

motor vehicle on the highways of the state. Section 322.031, F. S., provides: In every case in which

Keith v. Corbin

346 So. 2d 1223, 1977 Fla. App. LEXIS 16012

District Court of Appeal of Florida | Filed: Jun 10, 1977 | Docket: 64559054

Published

jurisdiction to enter the writs. It did not. Section 322.31, Florida Statutes (1975), provides: “Right

Galloway v. State

305 So. 2d 278, 1974 Fla. App. LEXIS 7446

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 64543514

Published

should have dismissed an appeal when Fla.Stat. § 322.31 denominates certiorari • as the appropriate method

Akins v. State

249 So. 2d 778, 1971 Fla. App. LEXIS 6464

District Court of Appeal of Florida | Filed: Jun 16, 1971 | Docket: 64521128

Published

six months; and It further appearing that F.S. § 322.31 F.S.A. provides the method of review of an order

Gause v. Kirkman

178 So. 2d 741

District Court of Appeal of Florida | Filed: Sep 28, 1965 | Docket: 64494238

Published

driver’s license suspensions or revocations. Section 322.31, F.S., F.S.A., provides: “Right of review.-

Higgins v. Department of Public Safety

138 So. 2d 530, 1962 Fla. App. LEXIS 3429

District Court of Appeal of Florida | Filed: Mar 12, 1962 | Docket: 60202228

Published

not erroneous in fact or in law. Affirmed. . Section 322.31, Fla.Stat., F.S.A., giving a right to petition