RULE 6.130. CASE CONSOLIDATION

When a defendant is cited for the commission of both a
criminal and a civil traffic violation, or both a civil traffic infraction
requiring a mandatory hearing and a civil traffic infraction not
requiring a hearing, the cases may be heard simultaneously if they
arose out of the same set of facts.

However, in no case shall a traffic hearing officer hear a
criminal traffic case or a case involving a civil traffic infraction
issued in conjunction with a criminal traffic offense.

Under any of these circumstances the civil traffic infraction
shall be treated as continued for the purpose of reporting to the
department. Prior to the date of the scheduled hearing or trial, a
defendant may dispose of any nonmandatory civil traffic infraction
in the manner provided by these rules and section 318.14, Florida
Statutes.

Committee Notes
1990 Amendment. The rule on case consolidation was amended to
include language from chapter 89-337, Laws of Florida, which prohibits traffic
magistrates from hearing civil infractions arising out of same facts as criminal
traffic offenses.

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.”