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Florida Statute 322.31 | Lawyer Caselaw & Research
F.S. 322.31 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.31

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.31
322.31 Right of review.The final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, 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.

F.S. 322.31 on Google Scholar

F.S. 322.31 on Casetext

Amendments to 322.31


Arrestable Offenses / Crimes under Fla. Stat. 322.31
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.31.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. MORRICAL,, 262 So. 3d 865 (Fla. App. Ct. 2019)

. . . See § 322.31, Fla. Stat. (2017). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SPERBERG,, 257 So. 3d 560 (Fla. App. Ct. 2018)

. . . Section 322.31, Florida Statutes (2018), provides that "final orders and rulings of the [Department of . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. LOPEZ,, 188 So. 3d 95 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to section 322.31 of the Florida Statutes, Lopez had thirty days to challenge this final order . . .

FORTH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 148 So. 3d 781 (Fla. Dist. Ct. App. 2014)

. . . Forth sought certiorari review of the hearing officer’s order in the circuit court, §§ 322.2615(14), 322.31 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. MELENDEZ,, 132 So. 3d 1237 (Fla. Dist. Ct. App. 2014)

. . . the circuit court within 30 calendar days of [the] order by following the procedure specified in § 322.31 . . .

BRADSHEER K. v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 20 So. 3d 915 (Fla. Dist. Ct. App. 2009)

. . . Id. at 514 (citing § 322.31, Fla. Stat.). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CRANE,, 10 So. 3d 182 (Fla. Dist. Ct. App. 2009)

. . . should have sought certiorari review of the Department’s action by the Circuit Court pursuant to section 322.31 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ELIAS,, 997 So. 2d 1172 (Fla. Dist. Ct. App. 2008)

. . . Section 322.31, Florida Statutes (2007), expressly provides for certio-rari review in the appellate division . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. D. ROBERTS,, 938 So. 2d 513 (Fla. Dist. Ct. App. 2006)

. . . out of proceedings instituted by Roberts pursuant to sections 322.2615(6), (7), and (15) and section 322.31 . . .

DUCKWORTH, v. STATE, 923 So. 2d 530 (Fla. Dist. Ct. App. 2006)

. . . 322.271 (providing for administrative hearing on suspension, cancellation or revocation of license) or 322.31 . . . provisions of § 119.07(1), except that the reports may be admitted in proceedings under § .322.271 or § 322.31 . . . evidence in any trial, except that the reports may be admitted in proceedings of Section 322.271 or 322.31 . . . (emphasis added), the sole exception being for administrative proceedings under sections 322.271 or 322.31 . . .

O. DICKENSON v. AULTMAN,, 905 So. 2d 169 (Fla. Dist. Ct. App. 2005)

. . . The Department further argues that, pursuant to section 322.31, Florida Statutes (2003), its decision . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. ALLISTON,, 813 So. 2d 141 (Fla. Dist. Ct. App. 2002)

. . . Alliston sought certiorari review with the circuit court pursuant to section 322.31, Florida Statutes . . .

VICHICH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 799 So. 2d 1069 (Fla. Dist. Ct. App. 2001)

. . . the DHSMV’s order by means of a petition for certiorari to the circuit court as authorized by section 322.31 . . . a record review shall not toll the time in which to file a writ of certiorari in accordance with S. 322.31 . . . may be initiated within 30 days of the date of this order by following the procedure specified in S. 322.31 . . . However, section 322.31, Florida Statutes (1999), provides: The final orders and rulings of the department . . . Highway Safety & Motor Vehicles, 709 So.2d 623 (Fla. 4th DCA 1998) (relying on amendments to section 322.31 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DAVIS, Jr., 775 So. 2d 989 (Fla. Dist. Ct. App. 2000)

. . . Davis filed a petition for writ of certiorari pursuant to section 322.31, Florida Statutes, arguing that . . .

DEPARTMENT OF HIGHWAY SAFETY, v. PARSONS,, 719 So. 2d 339 (Fla. Dist. Ct. App. 1998)

. . . the license suspension by petitioning for certiorari review in the circuit court, pursuant to section 322.31 . . . Section 322.31 provides: Right of review.' — The final orders and rulings of the department wherein any . . .

JOHNSON, v. STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, DIVISION OF DRIVER S LICENSES,, 709 So. 2d 623 (Fla. Dist. Ct. App. 1998)

. . . a record review shall not toll the time in which to file a writ of certiorari in accordance with § 322.31 . . . Florida Statutes § 322.27(7) and § 322.31 (1997) provide that review of a final order revoking a driver . . . Laws of Florida chapter 78-95, section 20, which made the following addition to Florida Statutes § 322.31 . . . to support that proposition and it does not explain away the contrary language that was added to § 322.31 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SMITH,, 687 So. 2d 30 (Fla. Dist. Ct. App. 1997)

. . . Section 322.31, Florida Statutes (1993), establishes that review of driver’s license suspensions by the . . .

DAVIS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, STATE OF FLORIDA,, 660 So. 2d 775 (Fla. Dist. Ct. App. 1995)

. . . a record review shall not toll the time in which to file a writ of certiorari in accordance with S. 322.31 . . . Section 322.31, Florida Statutes (1993), provides that orders denying, cancelling, suspending or revoking . . . of the DUI Evaluator made at [the] appeal hearing” constituted a final order “of the department.” § 322.31 . . . Final Order of the Department Under section 322.31, Florida Statutes (1993), review is available in circuit . . . the Director of DHSMV’s DUI Programs Section, should be deemed the final order “of the department.” § 322.31 . . .

MELKONIAN, v. GOLDMAN,, 647 So. 2d 1008 (Fla. Dist. Ct. App. 1994)

. . . Melkonian sought certiorari review of that decision in the Circuit Court under section 322.31, Florida . . .

BUCHBAUM v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 50 Fla. Supp. 2d 77 (Fla. Cir. Ct. 1991)

. . . Section 322.31, Fla. Stat. (1989). Petitioner’s App., A-4 and A-5. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. S. SCOTT,, 583 So. 2d 785 (Fla. Dist. Ct. App. 1991)

. . . Section 322.2615(13) provides for appeal from the Department’s decision pursuant to section 322.31. . . . Section 322.31 provides: Right of review. — The final orders and rulings of the department wherein any . . . The court held section 322.31 unconstitutional as applied to any non-Florida resident whose driver’s . . . The court reasoned that section 322.31 denies nonresidents access to the courts, due process of law, . . . Here section 322.31 provides for review by the circuit court. . . .

O CONNOR v. STATE OF FLORIDA, 49 Fla. Supp. 2d 201 (Fla. Cir. Ct. 1991)

. . . Florida Statutes § 322.31 provides that final orders and rulings of the department wherein . . . such . . . Clearly, just because §§ 322.2615(13) and 322.31 are inartfully drafted, does not mean that the Courts . . . county wherein such person resides or wherein a formal or informal review was conducted pursuant to § 322.31 . . . It is the opinion of this Court that the proper interpretation of § 322.2615(13) and § 322.31 is that . . . United States Constitution, because the referenced language in subsection (13) to Florida Statute § 322.31 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HAGAR,, 581 So. 2d 214 (Fla. Dist. Ct. App. 1991)

. . . petition for writ of certiorari in the circuit court challenging the revocation order pursuant to section 322.31 . . .

IN RE CONTEMPT OF BONNIE HOWELL, v. TELUSME, 43 Fla. Supp. 2d 137 (Fla. Cir. Ct. 1990)

. . . Pursuant to Section 322.31 Florida Statutes (1987), final orders and rulings of the department where . . .

DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, v. SHENK,, 509 So. 2d 355 (Fla. Dist. Ct. App. 1987)

. . . order of the circuit court granting appellee’s petition for writ of cer-tiorari pursuant to section 322.31 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BELL,, 505 So. 2d 472 (Fla. Dist. Ct. App. 1987)

. . . The circuit court, reviewing the Department’s order by certiorari as authorized in section 322.31, Florida . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. SPELLS,, 502 So. 2d 19 (Fla. Dist. Ct. App. 1986)

. . . right to seek certiorari review of the department’s actions in the circuit court pursuant to section 322.31 . . . decision, the appellant could have then sought certiorari review in the circuit court under section 322.31 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. VOGT,, 489 So. 2d 1168 (Fla. Dist. Ct. App. 1986)

. . . should have sought certiorari review of the Department’s action by the Circuit Court pursuant to section 322.31 . . .

MELLON, v. CANNON,, 482 So. 2d 604 (Fla. Dist. Ct. App. 1986)

. . . Section 322.31, Florida Statutes, provides in substance that all orders of the department revoking licenses . . . Thereafter, the Department moved for rehearing and argued that section 322.31 was the driver’s exclusive . . . Section 322.31, Florida Statutes, provides only for a certiorari review of final orders and rulings of . . . Therefore, the remedy by certiorari provided in section 322.31, Florida Statutes, was inadequate to give . . . present issues and evidence, that Corbin was entitled to have reviewed by certiorari under section 322.31 . . . this and had thirty days within which to seek certiorari review by the circuit court under section 322.31 . . .

WINGATE, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 442 So. 2d 1023 (Fla. Dist. Ct. App. 1983)

. . . . § 322.31, Fla.Stat. (1981). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, v. PURDUM,, 400 So. 2d 1050 (Fla. Dist. Ct. App. 1981)

. . . In statutory certiorari proceedings pursuant to § 322.31, Florida Statutes (1979), the circuit court . . .

W. KEITH, s v. J. CORBIN,, 346 So. 2d 1223 (Fla. Dist. Ct. App. 1977)

. . . Section 322.31, Florida Statutes (1975), provides: “Right of review — The final orders and rulings of . . . us, Corbin not only failed to seek review by petition for writ of certiorari as required by Section 322.31 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, v. ADAMS,, 338 So. 2d 542 (Fla. Dist. Ct. App. 1976)

. . . In apparent conflict with the above statute, § 322.31, Fla.Stat. (1975), provides as follows: “The final . . .

GALLOWAY, v. STATE, 305 So. 2d 278 (Fla. Dist. Ct. App. 1974)

. . . . § 322.31 denominates certiorari • as the appropriate method of seeking review. . . . with directions to treat the appeal as a petition for certiorari within the meaning of Fla.Stat. § 322.31 . . .

AKINS, v. STATE, 249 So. 2d 778 (Fla. Dist. Ct. App. 1971)

. . . . § 322.31 F.S.A. provides the method of review of an order or ruling of the Department of Motor Vehicles . . .

GAUSE, v. H. N. KIRKMAN, C. W. a NICKEL, v. H. N. KIRKMAN, C. W. a, 178 So. 2d 741 (Fla. Dist. Ct. App. 1965)

. . . Section 322.31, F.S., F.S.A., provides: “Right of review.- — -The final orders and rulings of the department . . .

E. HIGGINS, v. DEPARTMENT OF PUBLIC SAFETY, 138 So. 2d 530 (Fla. Dist. Ct. App. 1962)

. . . Section 322.31, Fla.Stat., F.S.A., giving a right to petition the circuit court for a hearing de novo . . .

JONES, v. H. N. KIRKMAN,, 138 So. 2d 513 (Fla. 1962)

. . . Pursuant to Section 322.31, Florida Statutes, F.S.A., Jones sought review of the suspension order in . . . By Section 322.31, Florida Statutes, F.S.A., any final adverse ruling by the Department may be subj ect . . .

THORNHILL v. KIRKMAN,, 62 So. 2d 740 (Fla. 1953)

. . . It provides for a hearing, Section 322.31(1, 2), F.S.A., and for revocation of one’s license on showing . . .

AMERICAN INS. CO. v. LUCAS,, 38 F. Supp. 926 (W.D. Mo. 1941)

. . . the Companies and to the Trustees, i. e., (1) $613,918.21 out of the impoundings alone; and (2) $327,-322.31 . . .

THOMAS BETTS v. THE DISTRICT OF COLUMBIA, 20 Ct. Cl. 445 (Ct. Cl. 1885)

. . . he has been paid in full, excepting the following retains: $356.27, $43.72, $6.86, $44.03, $7.30, $322.31 . . .