(1) Hearing officers shall be empowered to accept pleas from and decide the guilt or innocence of any person, adult or juvenile, charged with any civil traffic infraction and shall be empowered to adjudicate or withhold adjudication of guilt in the same manner as a county court judge under the statutes, rules, and procedures presently existing or as subsequently amended, except that hearing officers shall not:
(a) Have the power to hold a defendant in contempt of court, but shall be permitted to file a motion for order of contempt with the appropriate state trial court judge;
(b) Hear a case involving a crash resulting in injury or death;
(c) Hear a criminal traffic offense case or a case involving a civil traffic infraction issued in conjunction with a criminal traffic offense; or
(d) Have the power to suspend or revoke a defendant’s driver license pursuant to s. 316.655(2).
(2) This section does not prohibit a county court judge from exercising concurrent jurisdiction with a civil traffic hearing officer.
(3) Upon the request of the defendant contained in a Notice of Appearance or a written plea, the case shall be assigned to a county court judge regularly assigned to hear traffic matters.
History.—s. 3, ch. 89-337; s. 1, ch. 91-152; s. 4, ch. 94-202; s. 255, ch. 99-248; s. 51, ch. 2005-236; s. 26, ch. 2006-290.
Structure Florida Statutes
Chapter 318 - Disposition of Traffic Infractions
318.121 - Preemption of Additional Fees, Fines, Surcharges, and Costs.
318.1215 - Dori Slosberg Driver Education Safety Act.
318.14 - Noncriminal Traffic Infractions; Exception; Procedures.
318.143 - Sanctions for Infractions by Minors.
318.1435 - Youthful Driver Monitoring Services.
318.1451 - Driver Improvement Schools.
318.15 - Failure to Comply With Civil Penalty or to Appear; Penalty.
318.16 - Appeals; Stay Orders; Procedures.
318.19 - Infractions Requiring a Mandatory Hearing.
318.20 - Notification; Duties of Department.
318.21 - Disposition of Civil Penalties by County Courts.
318.32 - Jurisdiction; Limitations.
318.325 - Jurisdiction and Procedure for Parking Infractions.