What Is Certiorari Review?
In the standard Florida court system, if you lose a trial, you file an appeal to a higher court. However, many critical real estate decisions are not made by trial courts; they are made by government agencies and quasi-judicial boards, like city planning commissions, zoning boards, and code enforcement panels.
When one of these government bodies denies your development application, approves a conditional use permit for your neighbor's loud nightclub, or imposes a crushing code enforcement fine, you cannot file a standard appeal. Instead, you must file a petition for certiorari review with the circuit court (for county/city board decisions) or the district court of appeal (for circuit court decisions).
The Standard of Review
Certiorari is not a second trial. The reviewing court does not re-hear witnesses or weigh new evidence. The court examines the written record from the government hearing and asks three narrow questions:
- Did the government body follow proper procedure? (Were you given notice? Was there a public hearing? Did they follow their own rules?)
- Was there competent, substantial evidence in the record to support the decision? (Did the zoning board have real facts, not just speculation, to support their ruling?)
- Did the government body depart from the essential requirements of law? (Did they apply the correct legal standard, or did they invent their own rules?)
Strict Filing Deadlines
A petition for certiorari review must be filed within 30 days of the government body's final decision. Missing this deadline by even one day permanently waives the right to review. There are no extensions.
Related Terms
- Zoning — The regulatory area where certiorari review is most commonly invoked
- Conditional Use Permit — A zoning decision frequently challenged via certiorari
- Comprehensive Plan Amendment — A legislative decision challenged through different procedures
Barnes Walker Land Use Appeals
Barnes Walker's land use attorneys file aggressive certiorari petitions challenging arbitrary Florida zoning board denials and code enforcement rulings, holding local government bodies strictly accountable to procedural due process and the competent, substantial evidence standard. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC