Statutory Provisions Referencing Extraordinary Writs

Home , Quo warranto, Writ of prohibition

The Florida Constitution authorizes the following extraordinary writs: prohibition, mandamus, quo warranto, habeas corpus, and certiorari.1 These writs are governed in the Florida Supreme Court, the district courts of appeal (DCAs), and, with respect to certiorari, in the circuit courts, by the Florida Rules of Appellate Procedure.2 All writs other than certiorari are governed in the circuit courts by the Florida Rules of Civil Procedure. The type of court in which a petition for a writ is properly filed depends on the type of writ sought, issue at stake, and other matters. To determine the proper court, the practitioner should consult the Florida Constitution, applicable statutes, procedural rules, and case law.3 In some cases, the Florida Statutes reference extraordinary writs. These statutes are listed in the chart below (bold, red font indicates statutes specifically providing for the petition for the writ to be filed in the circuit court).

Research was conducted to identify all sections in the Florida Statutes that reference the five extraordinary writs listed above; however, due to the inconsistent nature of statutory terminology, it is likely that other relevant statutes exist.

Statute Description Description of Statutory Language Writ of Certiorari4 112.317(2) Penalties (relating to code of “ *** No defense may be raised in the civil action to enforce the civil penalty or order of ethics for public officers and restitution that could have been raised by judicial review of the administrative findings and employees) recommendations of the commission by certiorari to the district court of appeal.”

125.018 Rules and regulations “All rules and regulations promulgated and all impositions and exactions made by authority (relating to powers and hereof shall be just and reasonable and consistent with public interest, and their application duties of county shall be subject to review by certiorari in any court of proper and competent jurisdiction. All commissioners) rules and regulations shall be published and dispensed by the county at cost to all applicants therefor.” 163.3167(10)(b) Scope of act (relating to the “This subsection does not preclude or affect the timely institution of any other remedy Community Planning Act) available at law or equity, including a common law writ of certiorari proceeding pursuant to

1 Art. V, §§ 3(b)(7)-(b)(9), 4(b)(3), and 5(b), Fla. Const. 2 Fla. R. App. P. 9.030 and 9.100. 3 An overview of extraordinary writs in the civil context is provided in Florida Civil Practice Before Trial, Chapter 25-1, Extraordinary Writs and Remedies (Fla. Bar CLE 13th ed. 2020). 4 The entries represent the results of searching the Florida Statutes for the term “certiorari” and identifying provisions that address such proceedings.

Statute Description Description of Statutory Language Rule 9.190, Florida Rules of Appellate Procedure, or an original proceeding pursuant to s. 163.3215, as applicable.” 163.3215(4) Standing to enforce local Under specified circumstances, the “sole method [to] challenge any decision of local comprehensive plans government granting or denying an application for a development order, as defined in s. through development orders 163.3164, which materially alters the use or density or intensity of use on a particular piece of (relating to Community property, on the basis that it is not consistent with the comprehensive plan adopted under Planning Act) this part, is by an appeal filed by a petition for writ of certiorari filed in circuit court no later than 30 days following rendition of a development order or other written decision of the local government, or when all local administrative appeals, if any, are exhausted, whichever occurs later. ***” 165.081 Judicial review (relating to “Any special law or ordinance enacted, and any dismissal of petition made, pursuant to this municipalities) chapter shall be reviewable by certiorari. ***” 171.081 Appeal on annexation or “(1) Any party affected who believes that he or she will suffer material injury by reason of the contraction (relating to local failure of the municipal governing body to comply with the procedures set forth in this government boundaries) chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. ***”

“(2) If the affected party is a governmental entity, no later than 30 days following the passage of an annexation or contraction ordinance, the governmental entity must initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the governmental entity that initiated the conflict resolution procedures may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. ***” 190.046(6) Termination, contraction, or “No later than 30 days following the adoption of a transfer plan ordinance, the board of expansion of district (relating supervisors may file, in the circuit court for the county in which the local general-purpose to community development government that adopted the ordinance is located, a petition seeking review by certiorari of districts) the factual and legal basis for the adoption of the transfer plan ordinance.” 212.16(9) Importation of goods; “Within the discretion of the department, the claimant may be awarded possession of the permits; seizure for confiscated goods pending any judicial review; however, the claimant shall be required to noncompliance; procedure; execute a bond payable to the state in an amount double the value of the property seized,

Statute Description Description of Statutory Language review (relating to taxes on the sureties to be approved by the [Department of Revenue]. The condition of the bond shall sales, use, and other be that the obligors shall pay to the state the full value of the vehicle or goods seized unless transactions) upon certiorari the decision of the department shall be reversed and the property awarded to the claimant.” 320.781(7) Mobile Home and “Within 90 days after receipt of the application and verified claim, the [Department of Recreational Vehicle Highway Safety and Motor Vehicles (“DHSMV”)] shall issue its determination on the claim. Protection Trust Fund Such determination shall not be subject to the provisions of chapter 120, but shall be reviewable only by writ of certiorari in the circuit court in the county in which the claimant resides in the manner and within the time provided by the Florida Rules of Appellate Procedure. ***” 321.051 Florida Highway Patrol “*** Any provision in chapter 120 to the contrary notwithstanding, a final order of the wrecker operator system; [DHSMV] denying, suspending, or revoking a wrecker operator's participation in the system penalties for operation shall be reviewable in the manner and within the time provided by the Florida Rules of outside of system Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such wrecker operator resides.” 322.2615(13) Suspension of license; right “A person may appeal any decision of the [DHSMV] sustaining a suspension of his or her to review (relating to driver driver license by a petition for writ of certiorari to the circuit court in the county wherein licenses) such person resides or wherein a formal or informal review was conducted pursuant to s. 322.31. However, an appeal shall not stay the suspension. A law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of writ of certiorari to the circuit court in the county wherein a formal or informal review was conducted. This subsection shall not be construed to provide for a de novo review.” 322.2616(14) Suspension of license; “A person may appeal any decision of the [DHSMV] sustaining a suspension of his or her persons under 21 years of driver license by a petition for writ of certiorari to the circuit court in the county wherein age; right to review such person resides or wherein a formal or informal review was conducted under s. 322.31. However, an appeal does not stay the suspension. This subsection does not provide for a de novo review.” 322.27(7)5 Authority of department to “Review of an order of suspension or revocation shall be by writ of certiorari as provided in s. suspend or revoke driver 322.31.” license or identification card

5 With respect to filing petitions for certiorari in circuit court, § 322.272 Fla. Stat., provides that the filing does not itself stay the enforcement of the suspension, revocation, or cancellation of license.

Statute Description Description of Statutory Language 322.31, and Right of review (relating to “The final orders and rulings of the [DHSMV] wherein any person is denied a license, or where driver licenses) 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.” 322.64(13) Holder of commercial driver “A person may appeal any decision of the department sustaining the disqualification from license; persons operating a operating a commercial motor vehicle by a petition for writ of certiorari to the circuit court in commercial motor vehicle; the county wherein such person resides or wherein a formal or informal review was driving with unlawful blood- conducted pursuant to s. 322.31. ***” alcohol level; refusal to submit to breath, urine, or blood test 333.11(1) Judicial review (relating to “Any person, political subdivision, or joint airport zoning board affected by a decision of a airport zoning) political subdivision or its administrative agency may apply for judicial relief to the circuit court in the judicial circuit where the political subdivision is located within 30 days after rendition of the decision. Review shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure.” 337.404(3) Removal or relocation of “The owner may obtain judicial review of the final order of the authority within the time and utility facilities; notice and in the manner provided by the Florida Rules of Appellate Procedure by filing in the circuit order; court review (relating court of the county in which the utility was relocated a petition for a writ of certiorari in the to public contracting) manner prescribed by said rules or in the manner provided by chapter 120 when the respondent is an agency for purposes of chapter 120.” 601.152(5)(a) Special marketing orders “Any marketing order adopted under this section and subsequently approved by referendum (relating to the Florida Citrus as provided in this section shall take effect 15 days after referendum approval is officially Code) determined by the [Florida Citrus Commission]. Chapter 120 does not apply to this section. Any such marketing order is reviewable by any person adversely affected, by certiorari to the district courts of appeal in the manner prescribed by the Florida Rules of Appellate Procedure. The venue of the proceeding for such review shall be the appellate district that includes the county in which the hearings were conducted or, if the venue cannot be determined, the appellate district in which the department's executive offices are located.

Statute Description Description of Statutory Language 723.0612(5) Change in use; relocation “Actions of the Florida Mobile Home Relocation Corporation under this section are not expenses; payments by park subject to the provisions of chapter 120 but are reviewable only by writ of certiorari in the owner (relating to mobile circuit court in the county in which the claimant resides in the manner and within the time home park lot tenancies) provided by the Florida Rules of Appellate Procedure.” Writ of Habeas Corpus6 39.812(2) Postdisposition relief; “In any habeas corpus or other proceeding involving the child brought by any parent of the petition for adoption child, an agent or contract provider of the department may not be compelled to divulge that (relates to children in the information, but may be compelled to produce the child before a court of competent custody of the Department jurisdiction if the child is still subject to the guardianship of the department.” of Children and Families for adoption) Chapter 79 Titled “Habeas Corpus”

79.01 Habeas Corpus “When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to any district court of appeal or any judge thereof or to any circuit judge for a writ of habeas corpus and shows by affidavit or evidence probable cause to believe that he or she is detained without lawful authority, the court, justice, or judge to whom such application is made shall grant the writ forthwith, against the person in whose custody the applicant is detained and returnable immediately before any of the courts, justices, or judges as the writ directs.”

79.09 Filing of Papers “Before a circuit judge the petition [for a writ of habeas corpus] and the papers shall be filed with the clerk of the circuit court of the county in which the prisoner is detained. Before the other courts, justices or judges, the papers shall be filed with the clerk of the court on which the justice or judge sits.”

384.281(5) Prehearing detention “A person detained under this section may apply for a writ of habeas corpus attacking the (relates to certain persons detention.” with sexually transmitted diseases)

6 The entries represent the results of searching the Florida Statutes for the term “habeas corpus” and identifying provisions that address such proceedings.

Statute Description Description of Statutory Language 393.11(13) Involuntary admission to “At any time and without notice, any person involuntarily admitted into residential care, or residential services (relating the person's parent or legal guardian in his or her behalf, is entitled to file a petition for a writ to persons with an of habeas corpus to question the cause, legality, and appropriateness of the person's intellectual disability or involuntary admission. Each person, or the person's parent or legal guardian, shall receive autism) specific written notice of the right to petition for a writ of habeas corpus at the time of his or her involuntary placement.” 393.115(1)(c) Discharge (relating to “Nothing in this section shall in any way limit or restrict the resident's right to a writ of residential clients of the habeas corpus ….” Agency for Persons with Disabilities) 394.459 Rights of Patients (relating to “(8) HABEAS CORPUS.— the Baker Act) (a) At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. *** (b) At any time, and without notice, a person who is a patient in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may file a petition in the circuit court in the county where the patient is being held alleging that the patient is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused. *** (c) The administrator of any receiving or treatment facility receiving a petition under this subsection shall file the petition with the clerk of the court on the next court working day.” 394.9215 Right to habeas corpus “At any time after exhausting all administrative remedies, a person held in a secure facility (relating to involuntary civil under this part may file a petition for habeas corpus in the circuit court for the county in commitment of sexually which the facility is located alleging ….” violent predators) 397.501(9) Rights of individuals (relating “At any time, and without notice, an individual involuntarily retained by a provider, or the to the Marchman Act) individual's parent, guardian, custodian, or attorney on behalf of the individual, may petition for a writ of habeas corpus to question the cause and legality of such retention and request that the court issue a writ for the individual's release.”7

7 Pursuant to §397.311(9), Fla. Stat., the term “court” means “the court of legal jurisdiction in the context in which the term is used in this chapter.”

Statute Description Description of Statutory Language 907.045 Habeas corpus; motion to “A defendant who is in custody when an indictment, information, or affidavit on which she or dismiss; preliminary hearing he can be tried is filed may apply for a writ of habeas corpus attacking the indictment, (relating to procedure after information, or affidavit, or the defendant may move to dismiss the indictment, information, arrest) or affidavit. A defendant who has been confined for 30 days after her or his arrest without a trial shall be allowed a preliminary hearing upon application.” 916.107(9)(a) Rights of forensic clients “At any time, and without notice, a forensic client detained by a facility, or a relative, friend, (relating to mentally ill and guardian, representative, or attorney on behalf of such client, may petition for a writ of intellectually disabled habeas corpus to question the cause and legality of such detention and request that the defendants) committing court issue a writ for release.”

941.10(1) Rights of accused person; “No person arrested upon such warrant shall be delivered over to the agent whom the application for writ of executive authority demanding the person shall have appointed to receive him or her unless habeas corpus (relating to the person shall first be taken forthwith before a judge of a court of record in this state, who extradition) shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus.” 985.275(1) Detention of escapee or “The [detention] order shall state the reasons for such finding. The reasons shall be absconder on authority of reviewable by appeal or in habeas corpus proceedings in the district court of appeal.” the department (relating to juvenile delinquents) Writ of Mandamus8 14.022(3)(d) Governor; emergency Governor may “[a]uthorize, order or direct any state, county, or city official to enforce the powers to quell violence provisions of such proclamation in each and every and all of the courts in the state by (relating to a proclamation injunction, mandamus, or other appropriate legal action.” declaring emergency) 56.26 Executions; mandamus to “When an officer holds an unsatisfied execution and refuses to levy on property liable force levy and sale (relating thereunder and on which it is his or her duty to levy or having levied, refuses to advertise and to final process) sell the property levied on, the judgment creditor is entitled to an alternative writ of

8 The entries represent the results of searching the Florida Statutes for the term “mandamus” and identifying provisions that address enforcement by mandamus.

Statute Description Description of Statutory Language mandamus requiring the officer to levy such execution or advertise and sell the property levied on, or both, as the case may be.” 57.111(5) Civil actions and ‘If the state agency fails to tender payment of the award of attorney's fees and costs within administrative proceedings 30 days after the date that the order or judgment becomes final, the prevailing small business initiated by state agencies; party may petition the circuit court where the subject matter of the underlying action arose attorneys' fees and costs for enforcement of the award by writ of mandamus, including additional attorney's fees and costs incurred for issuance of the writ.” 97.012(14) Secretary of State as chief “(14) Bring and maintain such actions at law or in equity by mandamus or injunction to election officer (relating to enforce the performance of any duties of a county supervisor of elections or any official the responsibilities of the performing duties with respect to chapters 97 through 102 and 105 or to enforce compliance secretary) with a rule of the Department of State adopted to interpret or implement any of those chapters. (a) Venue for such actions shall be in the Circuit Court of Leon County.” 97.028(2)(a)4. Procedures on complaints of “For purposes of enforcing the order [for a violation of the Act], the [Department of State violations of Title III of the (“DOS”)] may initiate a proceeding in the name of the state seeking issuance of an injunction, Help America Vote Act of a writ of mandamus, or other equitable remedy against any person who violates any 2002 provision of such order.” 138.06 Canvass and result of “The county commissioners shall, not later than 5 days after the aforesaid election is held, election; contests (relating to publicly canvass the same, and the place receiving a majority of all the votes cast shall be the county seats) county seat for the next 10 years. The result declared upon such canvass may be contested … by mandamus to compel the removal of the county offices and records to the place alleged in such proceedings to have been elected; and the court in which any such proceeding shall be properly instituted, may ….” 153.05(10) Water system improvements “It shall be the duty of the county to enforce the prompt collection of assessments by one or and sanitary sewers; special the other of the means herein provided, and such duty may be enforced at the suit of any assessments (relating to holder of bonds issued under this chapter in a court of competent jurisdiction by mandamus county water system and or other appropriate proceedings or action. sanitary sewer financing) 153.15 Remedies (relating to county “Any holder of bonds issued under the provisions of this chapter or any of the coupons water system and sanitary appertaining thereto … may, either at law or in equity, by suit, mandamus or other sewer financing) proceeding, protect and enforce any and all rights under the laws of Florida or granted hereunder or under such resolution ….”

Statute Description Description of Statutory Language 153.66 (flush left Covenants of district board “All such provisions of the bond proceedings and all such covenants and agreements … shall at bottom) with bondholders (relating to constitute valid and legally binding contracts between the district and several holders of any county water system and such bonds and shall be enforceable by any such holder … by mandamus or other sanitary sewer financing) appropriate action, suit or proceeding in law or in equity in any court of competent jurisdiction. 153.72 Bonds; qualities of “Any holder of such bonds may either at law or in equity, by suit, action or mandamus, negotiable instruments; enforce and compel the performance of the duties required by this law or of any of the rights of holders (relating to officers or persons herein mentioned in relation to said bonds, or the levy, assessment, county water and water collection and enforcement and application of the taxes, revenues, assessments or other sewer systems) funds pledged for the payment of the principal and interest thereof.” 153.73(11)(e) Assessable improvements; “It shall be the duty of the district to enforce the prompt collection of assessment by the levy and payment of special means herein provided, and such duty may be enforced at the suit of any holder of bonds assessments (relating to issued under this law in a court of competent jurisdiction by mandamus or other appropriate county water and water proceedings or action.” sewer systems) 154.229 Remedies (relating to health “Any holder of bonds issued under the provisions of this part or of any of the coupons facilities authorities) appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of this state or granted hereunder or under [or specified agreements] ….” 159.12 Remedies of bondholders “Any holder of revenue bonds issued under the provisions of this part or any of the coupons and trustee (relating to bond attached thereto, and the trustee under the trust agreement, if any, except to the extent the financing) rights herein given may be restricted by ordinance or resolution passed before the issuance of the bonds or by the trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such ordinance or resolution or trust agreement ….” 159.38 Remedies (relating to the “Any holder of bonds issued under the provisions of this part or any of the coupons Florida Industrial appertaining thereto, and the trustee under any trust agreement, except to the extent the Development Financing Act) rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or resolution authorizing the issuance of

Statute Description Description of Statutory Language such bonds, or under any agreement of lease or other contract executed by the local agency pursuant to this part ….” 159.617(1) Remedies of an obligee of a “An obligee of a housing finance authority shall have the right [to]: housing finance authority (1) By mandamus, suit, action, or proceeding at law or in equity, to compel the housing (relating to the Florida finance authority … to perform each and every term, provision, and covenant contained in Industrial Development any contract of the housing finance authority ….” Financing Act) 161.38(5) Issuance of bonds (relating “Any holder of such bonds issued under … this part, and the trustee under any trustee to beach and shore agreement, except to the extent the rights herein given may be restricted by such trust preservation districts) agreement, may either at law or in equity, by suit, action, or mandamus, force and compel the performance of the duties ….” 163.01(15)(b)2.h. Florida Interlocal “Provisions that in the event of the failure or refusal of any such public agency or legal entity, Cooperation Act of 1969 or both, to perform punctually … any one or more parties to such agreement … may enforce the performance of such public agency or legal entity by an action at law or in equity, including, but not limited to, specific performance or mandamus.” 191.01(10) Procedures for the levy and “The district shall enforce the prompt collection of assessments by the means provided in this collection of non-ad valorem section and this duty may be enforced at the suit of any holder of bonds issued under this act assessments in a court of competent jurisdiction by mandamus or other appropriate proceedings or action.” 195.092(1) Authority to bring and “The Department of Revenue shall have authority to bring and maintain such actions at law maintain suits (relating to or in equity by mandamus or injunction, or otherwise, to enforce the performance of any property assessment duties of any officer or official performing duties with relation to the execution of the tax administration and finance) laws of the state, or to enforce obedience to any lawful order, rule, regulation, or decision of the Department of Revenue lawfully made under the authority of these tax laws. Venue for such actions shall be in the county in which the official duties of the property appraiser are to be performed 200.171 Mandamus to levy tax; “In any suit brought in any court of this state seeking to compel the levy of any tax for the limitation (relating to payment of any bonds, coupons or other evidences of indebtedness, or to establish a sinking intangible personal property fund for their ultimate redemption at maturity, the peremptory writ, if issued by the court, taxes) shall in no case require a levy in excess of the ability of the taxing unit involved to pay the taxes commanded to be levied; and if such taxing unit be one having other functions of civil government to perform, the court shall also take into consideration in commanding such levy, the necessity of such unit to make a reasonably ample levy of taxes for the purpose of raising

Statute Description Description of Statutory Language revenue with which to pay for the operation of the ordinary functions of civil government which such unit performs; provided, this section shall not apply to bonds, coupons or other evidences of indebtedness issued subsequent to the passage of this law. ***” 215.172(2) Covenants with bondholders “All such covenants and agreements, in addition to the provisions of this act, shall constitute (relating to state financial valid and legally binding contracts between the state or any state agency on behalf of which matters) such bonds are issued and the holders of such bonds, and shall be enforceable by any such holder or holders by mandamus or other appropriate action, suit or proceeding at law or in equity in any court of competent jurisdiction.” 215.78 Remedies (relating to state “Any holder of bonds issued under the provisions of this act or of any of the coupons financial matters) appertaining thereto, except to the extent the rights herein given may be restricted by the resolution or other proceedings authorizing the issuance of such bonds, may by civil action, mandamus, or other proceedings, protect and enforce any and all rights of such bondholders ….” 243.32 Remedies of bondholders “Any holder of revenue bonds issued under the provisions of this part or any of the coupons (relating to county higher appertaining thereto, and the trustee or trustees under any trust agreement, except to the educational facilities) extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or trust agreement ….” 243.69 Remedies of bondholders “Any holder of revenue bonds issued under ss. 243.50-243.77 or any of the coupons (relating to higher appertaining thereto, and the trustee or trustees under any trust agreement, except to the educational facilities extent the rights given may be restricted by any resolution authorizing the issuance of, or any financing) such trust agreement securing, the bonds may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any rights under the laws of the state or granted hereunder or under the resolution or trust agreement ….” 298.56 Bonds issued secured by lien “All bonds issued by any board of supervisors under the provisions of this chapter shall be on lands benefited; secured by a lien on all lands and other property benefited in the district, and the board of assessment and collection of supervisors shall see to it that a tax is levied annually and collected under the provisions of taxes may be enforced this chapter, so long as it may be necessary to pay any bond issued or obligation contracted (relating to drainage and under its authority; and the making of said assessment and collection may be enforced by water control) mandamus.” 315.09 Remedies (relating to port “Any holder of bonds issued under the provisions of this law or any of the coupons facilities financing) appertaining thereto, and the trustee under any trust agreement, except to the extent the

Statute Description Description of Statutory Language rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or resolution ….” 343.836(2) Remedies of the “Such trustee and any trustee under any deed of trust, indenture, or other agreement may, bondholders (relating to the and upon written request of the holders of 25 percent or such other percentages as are Northwest Florida specified in any deed of trust, indenture, or other agreement aforesaid in principal amount of Transportation Corridor the bonds then outstanding shall, in any court of competent jurisdiction, in his, her, or its Authority) own name: (a) By mandamus or other suit, action, or proceeding at law or in equity, enforce all rights of the bondholders ….” 343.944(2) Remedies of the “Such trustee and any trustee under any deed of trust, indenture, or other agreement may bondholders (relating to the and, upon written request of the holders of 25 percent or such other percentages as are Tampa-Hillsborough County specified in any deed of trust, indenture, or other agreement aforesaid in principal amount of Expressway Authority) the bonds then outstanding, shall, in any court of competent jurisdiction, in his, her, or its own name: (a) By mandamus or other suit, action, or proceeding at law or in equity, enforce all rights of the bondholders ….” 348.58(2) Remedies of the “Such trustee, and any trustee under any deed of trust, indenture or other agreement, may, bondholders (relating to the and upon written request of the holders of 25 percent, or such other percentages as may be Tampa Bay Area Regional specified in any deed of trust, indenture or other agreement aforesaid, in principal amount of Transit Authority) the bonds then outstanding, shall, in any court of competent jurisdiction, in his, her, or its own name: (a) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders …. (b) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders under or pursuant to any lease-purchase agreement …. 348.756(2) Remedies of the “Such trustee, and any trustee under any deed of trust, indenture or other agreement, may, bondholders (relating to the and upon written request of the holders of 25 percent, or such other percentages as may be Central Florida Expressway specified in any deed of trust, indenture or other agreement aforesaid, in principal amount of Authority) the bonds then outstanding, shall, in any court of competent jurisdiction, in his, her, or its own name:

Statute Description Description of Statutory Language (a) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders …. (b) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders under or pursuant to any lease-purchase agreement between the authority and the department ….” 348.9751 Remedies; pledges “Any holder of bonds issued under the provisions of this part, except to the extent such rights enforceable for bondholders may be restricted by the resolution, deed of trust, indenture, or other proceeding relating to (relating to the Santa Rosa the issuance of such bonds, may by civil action, mandamus, or other appropriate action, suit, Bay Bridge Authority) or proceeding in law or in equity, in any court of competent jurisdiction, protect and enforce any and all rights of such bondholder granted under the proceedings authorizing the issuance of such bonds ….” 349.15 Remedies; pledges “Any holder of bonds issued under this chapter, except to the extent such rights may be enforceable by bondholders restricted by the resolution, deed of trust, indenture, or other proceeding relating to the (relating to the Jacksonville issuance of such bonds, may by civil action, mandamus, or other appropriate action, suit, or Transportation Authority) proceeding in law or in equity, in any court of competent jurisdiction, protect and enforce any and all rights of such bondholder granted under the proceedings authorizing the issuance of such bonds ….” 373.323(7) Licensure of water well “For the purpose of enforcing a cease and desist order, a water management district may file contractors; application, a proceeding in the name of the state seeking issuance of an injunction or a writ of qualifications, and mandamus against any person who violates any provision of such order.” examinations; equipment identification (relating to cease and desist orders) 373.4592(4)(d)2. Everglades improvement and Discusses petitioning for a writ of mandamus in Leon County relating to inaction by the management Department of Environmental Protection (DEP) but provisions are now obsolete as petition had to be filed by 2/28/2003. 373.563(3) Bonds (relating to finance “Any holder of any of said bonds or coupons may either at law or in equity by suit, action or and taxation for water mandamus enforce and compel the performance of the duties required by this chapter of any management districts) of the officers or persons mentioned in this chapter in relation to the said bonds, or to the collection, enforcement and application of the taxes for the payment thereof.” 381.986(13)(a) Medical use of marijuana “For the purpose of enforcing a cease and desist order, the [Department of Health (“DOH”)] (relating to cease and desist may file a proceeding in the name of the state seeking issuance of an injunction or a writ of orders) mandamus against any person or entity who violates any provisions of such order.”

Statute Description Description of Statutory Language 401.421(2)(a) Injunctive relief; cease and “For the purpose of enforcing a cease and desist order, the [DOH] may file a petition, in the desist notice; civil penalty; name of the state, seeking issuance of an injunction or a writ of mandamus against any enforcement (relating to person who violates any provisions of such order.” medical transportation services) 403.0876(2) Permits; processing (relating “(b) *** If the [DEP] fails to approve or deny such a permit within the 90-day period, the to pollution control) applicant may petition for a writ of mandamus to compel the [DEP] to act consistently with applicable regulatory requirements. (c) *** If the [DEP] fails to approve or deny an operation permit for a major source of air pollution within the 90-day period specified in s. 403.0872, the applicant or a party who participated in the public comment process may petition for a writ of mandamus to compel the [DEP] to act.” 403.722(10)(c) Permits; hazardous waste “(10)(c) *** If the [DEP] fails to approve or deny the permit within the 135-day period, the and (13)(c) disposal, storage, and applicant may petition for a writ of mandamus to compel the [DEP] to act consistently with treatment facilities applicable regulatory requirements.”

“(13)(c) *** If the [DEP] fails to approve or deny the transfer within the 90-day period, the applicant may petition for a writ of mandamus to compel the [DEP] to act consistently with applicable regulatory requirements.” 421.18(1) Remedies of an obligee of “An obligee of an authority shall have the right in addition to all other rights which may be authority (relating to housing conferred on such obligee, subject only to any contractual restrictions binding upon such authorities) obligee: (1) By mandamus, suit, action or proceeding at law or in equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said authority with or for the benefit of such oblige ….” 455.227(4) Grounds for discipline; “In addition to, or in lieu of, any other remedy or criminal prosecution, the [DBPR] may file a penalties; enforcement proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus (relating to professions against any person who violates any of the provisions of this chapter ….” regulated by the Department of Business and Professional Regulation “DBPR”)

Statute Description Description of Statutory Language 455.228(1) Unlicensed practice of a “ *** For the purpose of enforcing a cease and desist notice, the [DBPR] may file a proceeding profession; cease and desist in the name of the state seeking issuance of an injunction or a writ of mandamus against any notice; civil penalty; person who violates any provisions of such notice. ***” enforcement; citations; allocation of moneys collected 456.065(2)(a) Unlicensed practice of a “ *** For the purpose of enforcing a cease and desist order, the [DOH] may file a proceeding health care profession; in the name of the state seeking issuance of an injunction or a writ of mandamus against any intent; cease and desist person who violates any provisions of such order. ***” notice; penalties; enforcement; citations; fees; allocation and disposition of moneys collected 456.072(5) Grounds for discipline; “In addition to, or in lieu of, any other remedy or criminal prosecution, the [DOH] may file a penalties; enforcement proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any of the provisions of this chapter, or any provision of law with respect to professions regulated by the department, or any board therein, or the rules adopted pursuant thereto.” 468.367 Injunctive relief (relating to “The [DOH] may, in its discretion, in lieu of or in addition to any remedy set forth in this part, regulation of respiratory file a proceeding in the name of the state seeking issuance of a restraining order, an therapists) injunction, or a writ of mandamus against any person who is or has been violating any of the provisions of this part or the lawful rules, orders, or subpoenas of the department or board.” 472.036(1) Unlicensed practice of “ *** For the purpose of enforcing a cease and desist order, the [Department of Agriculture professional surveying and and Consumer Services (“DOACS”)] may file a proceeding in the name of the state seeking mapping; cease and desist issuance of an injunction or a writ of mandamus against a person who violates such order. notice; civil penalty; ***” enforcement; citations; allocation of moneys collected 476.234 Civil proceedings (relating to “[T]he [DBPR] may file a proceeding in the name of the state seeking issuance of a restraining regulation of barbering) order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this act or the lawful rules or orders of the board, commission, or department.”

Statute Description Description of Statutory Language 477.031 Civil Proceedings (relating to “[T]he [DBPR] may file a proceeding in the name of the state seeking issuance of a restraining regulation of cosmetology) order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this chapter or the lawful rules or orders of the department.” 480.049 Civil Proceedings (relating to “[T]he [DOH] may file a proceeding in the name of the state seeking issuance of a restraining regulation of massage) order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this act or the lawful rules or orders of the department.” 482.165(2) Unlicensed practice of pest “ *** For the purpose of enforcing a cease and desist order, the [DOACS] may file a control; cease and desist proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus order; injunction; civil suit against any person, partnership, firm, corporation, or other business entity that violates any and penalty provision of the order.” 489.113(2)(a) Qualifications for practice; “ *** For the purpose of enforcing a cease and desist order, the [DBPR] may file a proceeding restrictions (relating to in the name of the state seeking issuance of an injunction or a writ of mandamus against any regulation construction person who violates any provision of such order.” contracting) 489.516(2)(a) Qualifications to practice; “ *** For the purpose of enforcing a cease and desist order, the [DBPR] may file a proceeding restrictions; prerequisites in the name of the state seeking issuance of an injunction or a writ of mandamus against any (relating to regulation of person who violates any provision of such order.” electrical and alarm contracting) 509.281(1) Prosecution for violation; “The [Division of Hotels and Restaurants withing the DBPR] or an agent of the division, upon duty of state attorney; ascertaining by inspection that any public lodging establishment or public food service penalties (relating to establishment is being operated contrary to the provisions of this chapter, shall make regulation of public lodging complaint and cause the arrest of the violator, and the state attorney, upon request of the and food establishments) division or agent, shall prepare all necessary papers and conduct the prosecution. The division shall proceed in the courts by mandamus or injunction whenever such proceedings may be necessary to the proper enforcement of the provisions of this chapter, of the rules adopted pursuant hereto, or of orders of the division.” 513.053 Prosecution for violation; “The [DOH] or an agent of the department, upon ascertaining by inspection that a mobile duty of state attorney home, lodging, or recreational vehicle park or a recreational camp is being operated contrary (relating to regulation of to the provisions of this chapter, shall make a complaint and cause the arrest of the violator; mobile home and RV parks) and the state attorney, upon request of the department or agent, shall prepare all necessary papers and conduct the prosecution. The department shall proceed in the courts by mandamus or injunction whenever such proceeding is necessary to the proper enforcement

Statute Description Description of Statutory Language of the provisions of this chapter, of the rules adopted pursuant to this chapter, or of orders of the department.” 585.004 Department charged with The [DOACS] shall see that the provisions of this chapter are carried out. The department may enforcement of law; duties require the state attorney in any circuit or county to institute suits, civil or criminal, for the of state attorneys (relating purpose of enforcing or carrying out the terms of this chapter and the rules of the to regulation of animal department, or preventing violations thereof. Any person or officer charged with any duty industry) under this chapter may be compelled to perform the same by mandamus, injunction, or other extraordinary remedy upon the application and in the name of the department. Injunction shall issue without bond.”

585.005 Courts have power to “The circuit courts of this state shall have the power to enforce any of the provisions of this enforce provisions by chapter and any rule of the [DOACS] by mandamus, or temporary or permanent injunction, mandamus or injunction or both, upon the application of the director, against any person who shall violate any provision of this chapter or any such rule.”

593.115 Mandamus or injunction “The circuit courts of this state shall have the power to enforce any of the provisions of ss. (relating to boil weevil 593.101-593.117, and any rule of the [DOACS] pursuant thereto, by mandamus or temporary eradication) or permanent injunction, either or both, upon the application of the department, against any person who violates any provision of ss. 593.101-593.117 or any rule of the department adopted pursuant to ss. 593.101-593.117.” 604.30(2) Penalties; injunctive relief; “ *** For the purpose of enforcing a cease and desist order, the [DOACS] may file a administrative fines (relating proceeding in the name of the state seeking issuance of an injunction or writ of mandamus to enforcement of against any person, partnership, corporation, or other business entity who violates any agricultural laws) provisions of such order, and such injunction shall be issued without bond.” 610.014(9) State authorization to “An applicant may challenge a rejection of an application by the [DOS] in a court of provide cable or video competent jurisdiction through a petition for mandamus.” service (relating to requirement to obtain certificate of authority from DOS) 703.18 Refusing to make abstract Provides that refusal to comply with specified requirements for abstracts and other documents “shall also be subject to be compelled to furnish such abstract by mandamus or other legal proceedings.”

Statute Description Description of Statutory Language 744.20041(7) Grounds for discipline; “In addition to, or in lieu of, any other remedy or criminal prosecution, the Office of Public penalties; enforcement and Professional Guardians may file a proceeding in the name of the state seeking issuance of (relating to guardianship) an injunction or a writ of mandamus against any person who violates any provision of this chapter or any provision of law with respect to professional guardians or the rules adopted pursuant thereto.” Writ of Prohibition9 Chapter 81, F.S. Titled “Prohibition”

81.011 Petition for Prohibition “The petitioner shall file a petition stating the nature of the action, the proceedings in the inferior court, tribunal or body presuming to exercise jurisdiction sought to be prohibited, and demand that writ of prohibition be granted in that behalf. ***”

81.021 Prohibition; supersedeas Discussing when a writ of prohibition should issue and other matters.

81.031 Prohibition; Procedure “In the circuit court the petition shall be accompanied by a supporting brief in the same manner as required for mandamus in that court.”

Writ of Quo Warranto10 Chapter 80 Titled “Quo Warranto”

80.02 Quo warranto; control of “When the Attorney General commences an action setting forth the name of the person Attorney General over rightfully entitled, or when petition is filed upon the relation of a party claiming title, the certain proceedings. Attorney General shall not dismiss the action without the consent of the claimant, but the court shall investigate the claim and determine the right, if so desired by the person on whose relation the petition is filed, and the claimant may have counsel of his or her choice to control the action in the claimant's behalf.”

80.031 Procedure “The rules about pleading and procedure in mandamus apply to actions for quo warranto as near as may be.”

9 The entries represent the results of searching the Florida Statutes for the term “writ of prohibition.” Searching the term “prohibition” returned hundreds of irrelevant results. 10 The entries represent the results of searching the Florida Statutes for the term “quo warranto” and identifying provisions that address such proceedings.

Statute Description Description of Statutory Language

80.04 Quo warranto; effect of “When an individual institutes an action without the consent of the Attorney General, the judgment judgment is conclusive as between the parties other than the state. The judgment is not a bar to any quo warranto by the state nor shall a judgment instituted by the Attorney General be a bar to actions by any claimant other than the parties thereto. The party receiving judgment shall be entitled to exercise the office until removed by quo warranto or until his or her rights thereto shall otherwise cease.” 102.169 Quo warranto not abridged “Nothing in this code shall be construed to abrogate or abridge any remedy that may now (relating to the conduct of exist by quo warranto, but in such case the proceeding prescribed in s. 102.168 shall be an elections) alternative or cumulative remedy.” 545.08 Department of Legal Affairs “For a violation of any of the provisions of this chapter by any corporation mentioned herein, or state attorney to institute the Department of Legal Affairs or the state attorney of the proper county shall institute suit upon violation of law proper suits or quo warranto proceedings in any court of competent jurisdiction for the (relating to combinations forfeiture of its charter rights, franchises or privileges and powers exercised by such restricting financing of motor corporation, and for the dissolution of the same under the general statutes of the state.” vehicles) 618.23 Quo warranto to test validity “The right of an association claiming to be organized and incorporated and carrying on its of corporation (relating to business under this chapter to do and to continue its business, may be inquired into by quo agricultural cooperative warranto at the suit of the Department of Legal Affairs, but not otherwise.” marketing associations) 619.09 Quo warranto to test validity “The right of an association claiming to be organized and incorporated and carrying on its of incorporation (relating to business under this chapter to do and to continue its business, may be inquired into by quo nonprofit cooperative warranto at the suit of the Department of Legal Affairs, but not otherwise.” associations)