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Florida Statute 318.16 - Full Text and Legal Analysis Florida Statute 318.16 | Lawyer Caselaw & Research
Fla. Stat. § 318.16 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
318.16 Appeals; stay orders; procedures.
(1) If a person is found to have committed an infraction by the hearing official, he or she may appeal that finding to the circuit court. An appeal under this subsection shall not operate to stay the reporting requirements of s. 318.14(7) or to stay appropriate action by the department upon receipt of that report.
(2) The circuit court, upon application by the appellant, may:
(a) Order a stay of any action by the department during pendency of the appeal, but not to exceed a period of 60 days. A copy of the order shall be forwarded to the department.
(b) Deny the application.
History.s. 1, ch. 74-377; s. 334, ch. 95-148.

Cases Citing F.S. 318.16

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·State v. Steele, 348 So. 2d 398 (Fla. 3d DCA 1977).

Cited 9 times | Published | Florida 3rd District Court of Appeal

...unexpected brake failure of the Steele vehicle. The judge found the defendant guilty as charged and fined him $100 plus $4 court costs. The respondent Steele appealed his conviction to the Circuit Court for the Eleventh Judicial Circuit of Florida. Section 318.16(1), Florida Statutes (1975)....
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Cited as authorityMathew (2003)
phrase: "rule_authority"
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·Nettleton v. Doughtie, 373 So. 2d 667 (Fla. 1979).

Cited 5 times | Published | Supreme Court of Florida

...The only change was the penalty from a criminal fine or imprisonment to a civil fine. The clear intent of the legislature is that the county courts would remain vested with jurisdiction of these matters. Pursuant to section 318.13(4), Florida Statutes (1977), only a "judge" may be a hearing official. Also, according to section 318.16(1), Florida Statutes (1977), an appeal from a hearing official's decision may be taken to the circuit court....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2012)
phrase: "rule_authority"
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James Nelson Obo Minor Child, N.N. v. The State of Florida (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

... dismiss as a motion to transfer venue to the circuit court’s appellate division and grant same. “If a person is found to have committed an infraction by the hearing official, he or she may appeal that finding to the circuit court.” § 318.16(1), Fla. Stat. (2021) (emphasis added). Chapter 318 defines “official” as “any judge authorized by law to preside over a court or hearing adjudicating traffic infractions.” § 318.13(4), Fla. Stat. (2021) (emphasis added). Thus, section 318.16 vests the circuit court with appellate jurisdiction over a county court judge’s determination with respect to a civil traffic infraction....

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.