RULE 6.080. IMPROPER DISPOSITION OF TRAFFIC TICKET

Any person who solicits or aids in the disposition of a traffic
complaint or summons in any manner other than that authorized
by law or who willfully violates any provision of these rules shall be
proceeded against for criminal contempt in the manner provided in
these rules. However, a traffic hearing officer shall not have the
power to hold any person in contempt of court, but shall be
permitted to file a verified motion for order of contempt before any
state trial court judge of the same county in which the alleged
contempt occurred. Such matter shall be handled as an indirect
contempt of court pursuant to the provisions of Florida Rule of
Criminal Procedure 3.840.

Committee Notes

1990 Amendment. This rule expands the statutory mandate of Chapter
89-337, section 3(1) which deprives magistrates of the power of contempt with
respect to defendants only. The rule extends the prohibition of a magistrate’s
direct contempt powers to cover any person. The Committee expressed concern
that if the contempt prohibition were limited to only the defendant, it might be
assumed that such powers existed with respect to others such as attorneys,
court personnel and witnesses. This rule also incorporates reference to the
provisions of Florida Rule of Criminal Procedure 3.840 by specifying that
magistrates may initiate indirect contempt proceedings by filing a verified
motion for order of contempt pursuant to the Rule of Criminal Procedure.

1996 Amendment. Enactment of chapter 94-202, Laws of Florida,
necessitated the deletion of all references in the rules to traffic “magistrates” in
favor of the term traffic “hearing officers.”