MARIAJOSE GENSOLLEN PAZOS

v.

STATE OF FLORIDA DMV

[*1] Before: TRAWICK, SANTOVENIA, and WALSH, JJ.

TRAWICK, J.

This matter comes before this Court on a Petition for Writ of Certiorari filed by Mariajose Gensollen Pazos ("Petitioner"). Petitioner's driver's license was cancelled by the State of Florida, Department of Highway Safety and Motor Vehicles ("Department") because the Department was unable to verify her Approval Notice I- 601A had been approved in the USCIS database. On September 6, 2022, Petitioner filed the instant Petition.

Factual Background

On August 9, 2022, Petitioner received the Department's Order of Cancellation informing her that "your driver license (sic) and/or identification card is cancelled indefinitely by the state (sic) of Florida, effective 9/7/2022" and explaining that "[y]our Driver License/ID (sic) is due to be cancelled because we are unable to verify your Approval Notice I-601A has been approved in the USCIS Database (sic)."

Petitioner requests a I-601A waiver because she remained in the United States for more than a year beyond a previously- authorized [*2] period of stay in nonimmigrant status. She began this process on May 27, 2020, but she contends that the process has been delayed through no fault of her own. Petitioner maintains that processing times for I-601A waiver applications have increased from 4.6 months in 2017 to 30.7 months in 2022.

Discussion

Section 322.271(1)(a). Fla. Stat. provides, in relevant part, that:

... Upon the suspension, cancellation, or revocation of the driver license of any person as authorized or required in this chapter, the department shall immediately notify the licensee and, upon his or her request, shall afford him or her an opportunity for a hearing pursuant to chapter 120, as early as practicable within not more than 30 days after receipt of such request, in the county wherein the licensee resides, unless the department and the licensee agree that such hearing may be held in some other county.

Rule 15A-1.0195, Fla. Admin. Code (Department of Highway Safety and Motor Vehicles - Division of Driver Licenses) states:

Any person whose driving privilege has been cancelled, suspended or revoked, may petition the Department for an administrative review to present evidence showing why their driving privilege should not have been cancelled, suspended or revoked. Application for such review shall be made by personal letter [*3] specifying the action for which the review is requested, and the documents in the possession of the Department which the licensee requests to review.

A petition for writ of certiorari is properly before this Court only on a final agency action after the exhaustion of administrative remedies. Pursuant to § 322.271, Fla. Stat., this Court finds that the Petitioner has failed to exhaust her administrative remedies since she has never requested a hearing. Instead, once she received a notice of suspension, she filed a motion for rehearing. Petitioner should consider the Department's suggestion that she file a request for a show cause hearing with the Bureau of Administrative Review, as authorized by Rule 15A-1.0195, Fla. Admin. Code, when she arguably has sufficient evidence to sustain her burden of proof before the hearing officer. Should the Petitioner fail to receive a timely hearing upon such a request, a petition for writ of mandamus may be appropriate.

Additionally, the law requires a party seeking certiorari relief to file the petition within 30 days after the rendition of the order to be reviewed. Fla. R.App. P. 9.100(c)(1). "An order is rendered when a signed, written order is filed with the clerk of the lower tribunal." Fla. [*4] R.App. P. 9.020(e) & (h). We have certiorari jurisdiction only to address an order rendered by the Department. As of yet, there is no order below from which we could grant certiorari relief.

For the foregoing reasons, the Petition for Writ of Certiorari is

DENIED.

SANTOVENIA and WALSH JJ., concur. COPIES FURNISHED TO COUNSEL

OF RECORD AND TO ANY PARTY

NOT REPRESENTED BY COUNSEL