(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.
Terms Used In Florida Statutes 318.16
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means Department of Highway Safety and Motor Vehicles, defined in…. See Florida Statutes 403.804
- Infraction: means a noncriminal violation that may require community service hours under…. See Florida Statutes 403.804
- Official: means any judge authorized by law to preside over a court or hearing adjudicating traffic infractions. See Florida Statutes 403.804
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
(b) Deny the application.