Author's clarification.

In "Common Law Writs: From the Practical to the Extraordinary" (February), the author indicated that "a nonfinal order issued by an administrative agency governed by the APA is also reviewable by certiorari," citing Florida Rule of Appellate Procedure 9.100(c)(3). Florida courts have identified the district court's continuing common law authority to issue an original writ to an administrative agency, which falls within the definition of lower tribunal under Florida Rule of Appellate Procedure 9.020. See Fla. Leisure Acquisition Corp. v. Fla. Comm'n on Human Relations, 639 So. 2d 1028, 1029 (Fla. 1st DCA 1994) (Cobb, J., concurring specially) (characterizing the district court's authority to review a nonfinal order issued by the Florida Commission on Human Relations as certiorari); Dep't of Prof'l Regulation v. Smith, 451 So. 2d 872 (Fla. 1st DCA 1984) (denying petition for writ of certiorari directed to a nonfinal order because an ad equate remedy at law existed, but noting that a hearing officer arguably falls within the definition of lower tribunal under Rule 9.020, potentially supporting a district court's inherent authority to issue a common law writ of certiorari); Talbott & Drake, Inc. v. Fla. Real Estate Comm'n, 370 So. 2d 1153 (Fla. 4th DCA 1978) (recognizing the right to seek certiorari to review a nonfinal agency order but denying the petition due to an adequate remedy on plenary review). However, there is also authority for the proposition that a petition filed under Rule 9.100(c)(3), while analogous to and treated identically to a certiorari petition procedurally and substantively, is technically not a common law writ because the authority for the petition is derived from Chapter 120 and codified under Rule 9.100. See State Office of Ins. Regulation v AIO Ins. Co., 870 So. 2d 963, 964 (Fla. 1st DCA 2004) (treating petition for writ of certiorari as petition to review nonfinal agency action). Accordingly, while the district court may have authority to issue the common law writ of certiorari, when seeking review of a nonfinal agency order governed by the Administrative Procedure Act in a district court pursuant to F.S. [section] 120.68(1) and Rule 9.100(c)(3), the practitioner should first file a petition to review nonfinal agency action, which is governed by the same procedures and substantive principles applicable to certiorari as outlined in the article.