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The Florida Senate

2009 Florida Statutes

Section 318.32, Florida Statutes 2009

318.32  Jurisdiction; limitations.--

(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's 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.