322.31
Right of review.
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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.
Notes of Decisions
Cited in 42
cases, 1952–2019 · leading case: Mellon v. Cannon
Mellon v. Cannon (1986)
“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. He failed to do this even though there is some indication that he would have been successful in his efforts because a county…”
DHSMV v. Alliston (2002)
“Alliston sought certiorari review with the circuit court pursuant to section 322.31, Florida Statutes (2000). The circuit court granted certiorari and reversed the suspension, relying upon a prior decision it rendered in a factually similar case, Royal v.”
Bradsheer v. Florida Department of Highway Safety & Motor Vehicles (2009)
“at 514 (citing § 322.31, Fla. Stat.). In rejecting the argument that a pre-suspension hearing was required, the supreme court stated: The Florida Legislature has authorized the Department of Public Safety to suspend a driver's license upon the occurrence of certain conditions.”
Carnegie v. Department of Public Safety (1952)
“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…”
Jones v. Kirkman (1962)
“Pursuant to Section 322.31, Florida Statutes, F.S.A., Jones sought review of the suspension order in the Circuit Court of Polk County.”
Department of Highway Safety and Motor Vehicles v. Roberts (2006)
“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.”
Vichich v. DHSMV (2001)
“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). In reviewing the administrative order, the circuit court sought to…”
STATE, DEPT. OF HIGHWAY SAFETY v. Vogt (1986)
“He should have sought certiorari review of the Department's action by the Circuit Court pursuant to section 322.31, Florida Statutes (1985). See Mellon v.”
Wingate v. STATE, DEPT. OF HWY. SAFETY AND MOTOR VEHICLES (1983)
“§ 322.31, Fla. Stat. (1981). The circuit court received the petition, and concluding that it failed to demonstrate a preliminary basis for relief, declined to issue an order directing the respondent Department to show cause why the writ should not issue.”
Johnson v. STATE DEPT. OF HWY. SAFETY (1998)
“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.”
Keith v. Corbin (1977)
“Section 322.31, Florida Statutes (1975), provides: “Right of review — The final orders and rulings of the department wherein any person is denied a license, or where such license has been cancelled, suspended or revoked, shall be reviewable in the manner and within the time…”
Melkonian v. Goldman (1994)
“Melkonian sought certiorari review of that decision in the Circuit Court under section 322.31, Florida Statutes (1993). Judge Goldman, Administrative Judge of the Appellate Division of the Circuit Court, entered an order denying the petition for failure "to demonstrate a Prima…”
— 322.31(2) — 1 case
Carnegie v. Department of Public Safety (1952)
“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…”
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