WRIT OF CERTIORARI

REVIEW
OF ADVERSE LOCAL
AGENCY
DETERMINATIONS
 Why Certiorari?

• State court vs Federal Court

– Jurisdictional issues;
– Scope of Review
– Judicial interest
– Speed
– Guarantee of review
– Local politics
– Availability of Interim Injunctive Relief
 What is Certiorari?

• Various types - we are discussing

– Appellate review of local agency
decisions by Circuit Court Appellate
Dept.
 What is reviewable?

• Quasi judicial decisions of agencies,

boards and local government
commissions not directly appealable
by way of another provision of
general law.
Fla. R. App. P. 9.100(c)(2)
 What is reviewable?
• Determinations governed by APA are
not subject to writ of cert in circuit
court. Appeal is directly to Court of
Appeal.

• Decision probably does not have to

be in writing to be reviewable.

• Certain constitutional challenges

may not be reviewable by writ of
cert.
 What is reviewable?
• A local PHA decision with respect to
eligibility for Section 8 benefits is
reviewable

• Most PHA hearing decisions are

reviewable by cert. (must be quasi-
judicial)
 Standard of Review
• Circuit Court, Appellate Dept. (first
tier) Standard
– (1) whether procedural due process is
afforded;
– (2) whether the essential elements of
the law were observed;
– (3) whether the administrative findings
and judgment are supported by
‘competent substantial evidence’;
 Standard of Review

• Whether procedural due process is

afforded

While the quality of due process necessary in a

quasi-judicial proceeding is not the same as a full
judicial hearing, “parties must be able to present
evidence, cross-examine witnesses, and be
informed of all the facts upon which the
commission acts.” Coral Reef Nurseries, Inc. v.
Babcock, Co., 410 So.2d 648, 652 (Fla. 3d DCA
1982); Jennings v. Dade County, et al., 589 So.2d
1337, 1341 (Fla. 3rd DCA 1991)
 Standard of Review
• “essential elements of the law”

Local government agencies must follow their own

rules. Miami-Dade County v. Omnipotent
Holdings, Inc., 863 So.2d 375, 376 (3rd DCA
2003)(“Neither a quasi-judicial body nor a
reviewing circuit court is permitted to add to or
detract from these criteria (the local regulations)
when making its assigned determination.”) and
cases cited therein.
 Standard of Review
• “essential elements of the law”
– “essential elements” are not limited to
federal regulations;
– “essential elements” should include all
written local rules and procedures;
– “essential elements” should include
local Section 8 hearing & notice
procedures as well as any elements
regarding the basis for termination.
 Standard of Review
• whether the administrative findings
and judgment are supported by
‘competent substantial evidence

• Court does not reweigh the evidence

• Court does not review adverse evidence
• Court looks only at supportive evidence and
determines if it is ‘competent and substantial.’
• Very deferential – any competent and
substantial evidence is sufficient.
 Procedure
• Time Limits for Filing
Writ must be “filed within thirty days of rendition
of the order to be reviewed.”
Rule 9.100(c)

In Public Housing context when is the order final –

is appeal to the Director possible or necessary?
 Procedure
Pleadings Required
– Petition Rule 9.100
– Appendix Rule
9.100(g)
– No need for separate record
 Procedure – Petition
• Caption
– Writ of Cert to Circuit Court Appellate Dept.
Pursuant to Rule 9.100
– Include the Lower Tribunal Case #
• Contents
– Jurisdictional Basis
– Factual basis for relief
– Nature of relief sought
– Argument with citations to authority
– Limited to 50 pages
 Procedure – Petition
• Formal Appellate Font Rules
– Times New Roman 14 pt/ Courier New
12pt
• Certificate of Compliance with
Font/Typeface Rules
• Double-spaced (except quotes and
footnotes)
• Appellate Uniform Citations rules
• 1 inch margins
 Procedure – Appendix
• Must be filed in every case;
• Must contain “such portions of the
record deemed necessary to an
understanding of the issues
presented.”
• Petition must reference relevant
pages of the Appendix.
• Separately bound or separated from
Petition.
 Procedure – Appendix
• Contents
– Decision appealed from;
– Transcript (if needed for your review);
– Exhibits, Documents from record;
– Appendix must be limited to the
record;
– Circuit Court review cannot extend
beyond the record of the quasi-judicial
hearing.
 Procedure – Filing
• Petition & Appendix are filed with
Circuit Court – Appellate Dept.
w/filing fee;
• Make sure clerk is aware that it is
appellate pleading;
• Must be Filed with proof of service
by mail on Respondents (personal
service not necessary as this is
essentially an appeal of the lower
tribunal proceeding);
 Procedures – Post Filing
• Circuit Court issues Order to Show
Cause
– Generally issued automatically and
shortly after filing;
– No set time period for issuance but if
there is significant delay make sure
pleading was correctly filed;
– OSC provides Respondents with date
that response brief is due;
– No other pleadings (such as Motion to
Dismiss)
 Procedures – Post Filing
• Response Brief – can supplement
the Appendix;
• Limited to 50 pages;
• Must comply with same technical
formatting requirements;

• Reply Brief – is due twenty days after

Response;
• Limited to 15 pages.
 Argument
• This is probably an interesting case
to these judges;
• Mostly handling appeals from
County Court;
• Care about local politics;
• Level of preparation varies;
 Decision

• Circuit Court can only Quash the

decision of the lower tribunal and
remand the case to them.
 Appeal
• Only appeal is by Writ of Cert to the
District Court of Appeal (second tier
review)
• Second tier review is extremely
limited
– Did Circuit Court provide due process
– Did Circuit Court apply correct law.