Florida Statute 318.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS

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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.

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Amendments to 318.16

Annotations, Discussions, Cases:

Cases Citing Statute 318.16

Total Results: 3 | Sort by: Relevance | Newest First

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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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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....

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James Nelson Obo Minor Child, N.N. v. The State of Florida (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

may appeal that finding to the circuit court.” § 318.16(1), Fla. Stat. (2021) (emphasis added). Chapter

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