ITEM 11G | ADMINISTRATIVE CASES
A party seeking to stay an agency order suspending or revoking a license (other than a driver’s license) must file the motion for stay directly in the appellate court. The agency must respond to the motion for a stay within 10 days. The party seeking a stay can also ask the court to order the administrative agency to respond faster by filing another motion explaining why the court should quickly rule on the motion for a stay. The appellate court must grant the stay if the agency does not respond. If the agency does respond, it must prove to the appellate court that a stay would cause a probable danger to the health, safety, or welfare of the state. Otherwise, the court will grant the stay. See Florida Rules of Appellate Procedure 9.190 and 9.310.
Some administrative revocation and suspension orders cannot be stayed. For example, if a driver refuses a blood, breath, or urine test following a traffic stop, this results in an administrative suspension of the driver’s license. The driver’s license suspension generally cannot be stayed during an appeal of the suspension/revocation order. See Florida Rule of Appellate Procedure 9.190.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
