318.16

Appeals; stay orders; procedures.

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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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1977–2021 · leading case: State v. Steele

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State v. Steele (1977) fladistctapp · cites it 2× “Section 318.16(1), Florida Statutes (1975).”

Nettleton v. Doughtie (1979) fla · cites it 2× “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.”

JAMES NELSON OBO MINOR CHILD, N.N. v. THE STATE OF FLORIDA (2021) fladistctapp “” § 318.16(1), Fla. Stat. (2021) (emphasis added).”

— 318.16(1) — 3 cases

State v. Steele (1977) fladistctapp “Section 318.16(1), Florida Statutes (1975).”

Nettleton v. Doughtie (1979) fla “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.”

JAMES NELSON OBO MINOR CHILD, N.N. v. THE STATE OF FLORIDA (2021) fladistctapp “” § 318.16(1), Fla. Stat. (2021) (emphasis added).”

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