Which proceeding is used after the first two protest steps fail and before any further appeals?

• A. Injunction
• B. Declaratory judgment
• C. Certiorari proceeding
• D. Writ of mandamus

Answer: (C)

After internal protest steps have been exhausted, the proper way to challenge an agency decision in Florida is through a certiorari proceeding. This form of review focuses on legality and procedure—whether the agency acted within its jurisdiction, followed proper steps, and correctly applied the governing law. It’s not about re-evaluating the facts or the merits of the decision; it’s about correcting errors in how the decision was reached.

Certiorari is the best fit because it provides a timely, narrow path to challenge potential legal or procedural mistakes by the agency after the two protest steps have failed, before pursuing other avenues of appeal.

Injunction, while preventing ongoing harm, does not review the agency’s decision. Declaratory judgment clarifies rights but doesn’t address whether the agency acted legally. Writ of mandamus would compel the agency to take a specific action, which is a different remedy than reviewing the decision itself.