Question 1

What is a petition for writ of certiorari in Florida?

Accepted Answer

A petition for writ of certiorari is a request asking a higher court to review a lower court’s or agency’s decision. In Florida: certiorari is used in two contexts: first-tier certiorari (circuit court reviews a quasi-judicial decision of a local government body, such as: zoning boards, code enforcement boards, and planning commissions), and second-tier certiorari (district court of appeal reviews the circuit court’s certiorari decision). The standard of review is limited: the higher court reviews only whether: the lower tribunal afforded procedural due process, the lower tribunal applied the correct law, and the decision is supported by competent, substantial evidence.

Question 2

When is certiorari used in Florida?

Accepted Answer

Common uses: review of local government decisions (zoning appeals, variance denials, special exception denials, and code enforcement orders), review of administrative agency decisions (licensing decisions, regulatory actions, and disciplinary proceedings), review of non-final orders (certain interlocutory orders that cannot be appealed but cause irreparable harm), and review of discovery orders (orders compelling disclosure of privileged information). Certiorari is a discretionary remedy: the higher court is not required to accept the petition.

Question 3

What is the deadline for filing a certiorari petition in Florida?

Accepted Answer

Deadlines: first-tier certiorari (circuit court review of local government): the petition must be filed within 30 days of the decision (Florida Rule of Appellate Procedure 9.100(c)). Second-tier certiorari (DCA review of circuit court): the petition must be filed within 30 days of the circuit court’s order. The petition must include: the decision or order being challenged, a statement of the facts, the legal argument (why the lower tribunal departed from the essential requirements of law), and a prayer for relief. The filing fee and procedures are governed by the Florida Rules of Appellate Procedure.

Petition for Writ of Certiorari

Petition for Writ of Certiorari in Florida

Two Tiers

Standard of Review

Filing

Related Terms

Barnes Walker Appellate

Ready to Get Started?