escalationUnited States · Florida (Statewide)Difficulty: Hard
Petition for Writ of Certiorari to Circuit Court
When an administrative hearing officer or special magistrate denies a parking appeal, the motorist may seek discretionary review by filing a Petition for Writ of Certiorari with the appropriate circuit court within 30 days under Florida Rule of Appellate Procedure 9.100. Review is limited to (1) procedural due process, (2) departure from essential requirements of law, and (3) competent substantial evidence.
Legal basis
Florida Rule of Appellate Procedure 9.100; F.S. §162.11
Sample appeal wording
[CASE STYLE — Circuit Court of [COUNTY]] PETITION FOR WRIT OF CERTIORARI Petitioner [NAME] respectfully petitions this Court to review the [DATE] Final Administrative Order of [HEARING OFFICER] in Citation # [#]. Jurisdiction is invoked under Florida Rule of Appellate Procedure 9.100 and §162.11, Fla. Stat. Grounds: (1) the order departed from the essential requirements of law by [STATE]; (2) due process was denied because [STATE]; (3) no competent substantial evidence supported the finding that [STATE]. WHEREFORE, Petitioner asks the Court to quash the order and dismiss the citation. [NAME, attorney or pro se] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Fla. R. App. P. 9.100
- Florida Statute §162.11
- Broward Clerk Parking Appeal Process