JIM FAIR, IND. AND OF CLASS, PETITIONER,
v.
RALPH DAVIS, EXECUTIVE DIRECTOR OF DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, ET AL., RESPONDENTS
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A petitioner who was adjudicated incompetent and subsequently restored to competency seeks a writ of mandamus to compel the state to issue him a driver's license. The court holds that mandamus is unavailable because the petitioner failed to apply for the license through the proper administrative procedures required by law.
Mandamus does not lie because the petitioner has neither applied for the license in the manner prescribed by law nor shown that such application would be futile. The petitioner must exhaust the proper administrative remedies before mandamus relief is available.
[1] A writ of mandamus will not lie to compel an administrative official to perform a duty unless the petitioner has first applied for the performance of that duty in accorda…
[2] An exception to the requirement of applying to an administrative official exists when it can be shown that such an application would be fruitless and of no avail.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a clear legal duty to perform.”
Establishes the limited scope of mandamus as a remedy for ministerial duties only.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJim Fair was adjudicated incompetent and his driver's license was lawfully suspended pursuant to Florida Statutes Section 322.27. Fair was subsequentl…
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SPECTOR, Judge.
Petitioner has filed what purports to be a petition for writ of mandamus whereby he seeks the issuance of a writ commanding the respondent Ralph Davis, Executive Director of the Department of Public Safety to issue an automobile driver’s license to petitioner. The petitioner alleges that subsequent to being adjudicated incompetent, he was duly and legally restored to competency status.
Now that petitioner’s competency has been legally established as a matter of law, a status that is merely presumed as to other citizens, petitioner seeks the restoration of his driver’s license which was lawfully suspended on the occasion of his incompetency adjudication. The authority to suspend a driver’s license upon such adjudication is found in Section 322.27, Florida Statutes, F.S.A., and Section 322.27(1) (c). Such licenses may not initially be issued to persons who have been adjudicated incompetent and not yet restored to competency.
Section 322.05(5), Florida Statutes, F.S.A. Although petitioner seeks restoration of his driver’s license, he has not alleged that he has applied for the issuance thereof with the state agency authorized by law to do so. Nor does petitioner allege that he has successfully passed the driver’s license examination prescribed by Section 322.29, Florida Statutes, F.S.A. Mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a clear legal duty to perform. That remedy will not lie in absence of a showing that the administrative official has refused to perform the duty sought to be coerced upon application or request made therefor in accordance with the laws which establish or create the duty which is sought to be coerced. A recognized exception to the requirement that application be made with the administrative official or agency is where it can be shown that it would be fruitless and of no avail to apply to the administrative official or agency for the relief sought. In such latter cases, the law will not require the performance of useless acts. Miami Beach v. Sunset Islands 3 & 4 Property Owners Association, 216 So. 2d 509 (Fla.App. 1968).
No allegations or showings are made in the petition before us that petitioner has applied to the respondent for his license in the manner and subject to the conditions provided by law.
Accordingly, mandamus will not lie and the petition must be denied.
WIGGINTON, Acting C. J., and JOHNSON, J., concur.
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Rowell v. State, 700 So. 2d 1242 (Fla. 2d DCA 1997)…e Fla. R.App. P: 9.110(m). This cause is there [*1244] fore dismissed without prejudice for Rowell to file either a mandamus petition, or other appropriate action, in the trial court to resolve the dispute at hand. See D.H.W. See also Fair v. Davis, 283 So. 2d 377, 378 (Fla. 1st DCA 1973) (“mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a clear legal duty to perform”); Shea v. Cochran, 680 So. 2d 628, 629 (Fla. 4th DCA 1996) (“a…
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Allen v. The Sch. Bd. OF Broward Cnty., 522 So. 2d 1036 (Fla. 4th DCA 1988)…it of mandamus in favor of the School Board of Broward County. We reverse. Mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a clear legal duty to perform. Fair v. Davis, 283 So. 2d 377 (Fla. 1st DCA 1973). [M]andamus is a discretionary writ that is awarded, not as a matter of right, but in the exercise of a sound judicial discretion and upon equitable principles. If the issuance of the writ will not promote substantial justice or…
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Gentile v. Off. OF the Pub. Def., 833 So. 2d 229 (Fla. 5th DCA 2002)…s court to issue a written opinion as to the amount per page that would be considered adequate compensation for copying service is inappropriate, since mandamus relief is limited to compelling the performance of a ministerial act. See Fair v. Davis, 283 So. 2d 377 (Fla. 1st DCA 1973). PETITION DENIED. HARRIS and ORFINGER, JJ., concur.…
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- City OF Miami Beach v. Sunset Islands 3 & 4 Prop. Owners Ass'n, Inc., 216 So. 2d 509 (Fla. 3d DCA 1968)