Appeals - Administrative Appeals

Overview of the Appellate Process | Administrative Appeals | Extraordinary Writs | The Florida Supreme Court

An administrative appeal is an appeal of a decision rendered by a governmental agency acting in a "quasi-judicial capacity." State licensing boards, zoning boards, county and city commissions, and other agencies make decisions in this manner. Appeals of their decisions are made by filing a petition for Writ of Certiorari in the Circuit Court where the agency meets.

Both the procedure and the legal burden of proof differ in an administrative appeal as compared to other appeals. The Circuit court will examine the petition for three legal issues.

First, the court will determine whether your due process rights were protected. Were you allowed to present your case fully? If there was a public hearing, was it properly noticed?

The second issue is whether the decision of the governmental agency followed the essential requirements of law. If there is some ordinance, rule or statute governing your issue, was the law followed? Finally, the court will ask whether there was competent and substantial evidence upon which the agency based its decision. The agency must base its decision on facts which were actually presented to it.

The Circuit Court will review a Petition for Writ of Certiorari for the three issues above. If the Petition does not state within it a possible reason to overturn the decision of the governmental agency under any of the three factors above, the court can summarily deny the Petition. If the court finds there is a possible basis to overturn the decision, it will issue an Order to Show Cause directing the agency to respond to the Petition, and will then make a decision based on the Petition and its response.