(HOWARD M. MALTZ, J.) THIS CAUSE is before the Court pursuant to Respondent, State of Florida, Department of Highway Safety and Motor Vehicles’ (“Department”) Motion to Dismiss Petition for Writ of Certiorari as Untimely. Being fully advised in its premises, the Court finds as follows:
Petitioner’s driving privilege was permanently revoked in 2013. Petitioner was later granted a hardship driver’s license, pursuant to Fla. Stat. § 322.271. Section 322.271(5)(b)2 mandates that a person awarded such a hardship license must remain under the supervision of a DUI program licensed by the Department. Petitioner was being supervised by the Northeast Florida Safety Council. (Pet. p. 3, 13-14)1
On July 31, 2024, Petitioner was notified by the Northeast Florida Safety Council that they would be recommending to the Department that Petitioner’s hardship license be canceled due to substance abuse, as a result of a positive urine test result. (Pet. p.3)
On August 13, 2024, the Department issued to Petitioner its Notice of Order of Cancellation and Final Order, advising him that his driving privilege (hardship license) would be canceled on September 2, 2024. (Pet. p. 20) That notice went on to state:
If you believe you have any basis to show why this action is incorrect, you may request a hearing to present evidence per section 322.271, Florida Statutes. Please note, a request for hearing does not stop the cancellation from going into effect on September 2, 2024, and does not stop the 30-day timeframe to appeal from the effective date of the Final Order per section 322.31, Florida Statutes.
Id. Lastly, the notice specified it would become a Final Order on September 2, 2024. Id.
Fla. Stat. § 322.31 provides:
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.
Fla. R. App. P. 9.100(c)(1) provides that a petition for writ of certiorari must be filed within 30 days of the rendition order to be reviewed. This 30-day time limit for filing a petition for certiorari is jurisdictional. Johnson v. Snyder, 296 So.3d 547, 548 (Fla. 1st DCA 2020) [45 Fla. L. Weekly D1160a]. Equitable considerations do not toll the 30-day jurisdictional time limit. D’Amico v. Clemmons, 298 So.3d 114, 115 (Fla. 1st DCA 2020) [45 Fla. L. Weekly D1423c].
Petitioner’s deadline to file his Petition for Writ of Certiorari was October 2, 2024. The fact that Petitioner sought review of the Northeast Florida Safety Council’s recommendation with another DUI program, did not toll the 30-day period. Petitioner filed his Petition for Writ Certiorari on March 27, 2025. [DIN 4] Petitioner’s Petition was untimely filed, and therefore, must be dismissed.
Accordingly, it is ORDERED AND ADJUDGED that:
1. Respondent’s Motion to Dismiss is GRANTED.
2. Petitioner’s Petition is dismissed with prejudice.
3. The Clerk of Court shall close this case.
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1The petition fails to contain page numbers. Thus, the page numbers referenced herein corresponds to the PDF page number for the petition filed in the court docket. [DIN 4]