Florida Traffic Court Rule 6.630
RULE 6.630. CIVIL TRAFFIC INFRACTION HEARING OFFICER
PROGRAM; TRAFFIC HEARING OFFICERS
Under the authority of sections 318.30–318.38, Florida
Statutes, and article V, section 2, Florida Constitution, this court
adopts the following rules and procedure for the Civil Traffic
Infraction Hearing Officer Program:
(a) Eligibility of County. Pursuant to section 318.30,
Florida Statutes, any county shall be eligible to participate in the
Civil Traffic Infraction Hearing Officer Program. The chief judge
shall make the decision on whether to participate in the program.
Any county electing to participate in the program shall be subject to
the supervision of the supreme court.
(b) Appointment of Traffic Hearing Officers. The chief
judge shall appoint hearing officers after consultation with the
county judges in the county affected; all appointments must be
approved by the chief justice. Once the chief justice grants
approval, the traffic hearing officers shall serve at the pleasure of
the chief judge. Traffic hearing officers may serve either full-time or
part-time at the discretion of the chief judge.
(c) Jurisdiction. Traffic hearing officers shall have the
power to accept pleas from defendants, hear and rule upon
motions, decide whether a defendant has committed an infraction,
and adjudicate or withhold adjudication in the same manner as a
county court judge. However, a traffic hearing officer shall not:
(1) have the power to hold any person in contempt of
court, but shall be permitted to file a verified motion for order of
contempt with an appropriate state trial court judge pursuant to
Florida Rule of Criminal Procedure 3.840;
(2) hear a case involving an accident resulting in injury
or death; or
(3) hear a criminal traffic offense case or a case
involving a civil traffic infraction issued in conjunction with a
criminal traffic offense.
(d) Appeals. Appeals from decisions of a traffic hearing
officer shall be made to the circuit court pursuant to the relevant
provisions of the Florida Rules of Appellate Procedure in the same
manner as appeals from the county court, except that traffic
hearing officers shall not have the power to certify questions to
district courts of appeal. The appellant shall be responsible for
producing the record for any appeal.
(e) Membership in The Florida Bar. A traffic hearing officer
shall be a member in good standing of The Florida Bar.
(f) Training. Traffic hearing officers must complete 40 hours
of standardized training that has been approved by the supreme
court. Instructors must be judges, hearing officers, and persons
with expertise or knowledge with regard to specific traffic violations
or traffic court. Curriculum and materials must be submitted to the
Office of the State Courts Administrator. The standardized training
must contain, at a minimum, all of the following:
(1) 28 hours of lecture sessions including 2.5 hours of
ethics, 5 hours of courtroom control management, 11 hours of
basic traffic court law and evidence (which must include handling of
situations in which a defendant’s constitutional right against self-
incrimination may be implicated), 3 hours of clerk’s office/DMV
training, 2 hours of participant perspective
sessions/demonstrations, 3 hours of dispositions/penalties, and
1.5 hours of civil infractions/jurisdiction;
(2) 4 hours of role playing including mock opening
statements, pretrial and trial sessions, and direct observation;
(3) 4 hours of observation including 2 hours of on-road
observation of traffic enforcement;
(4) 4 hours of mentored participation in traffic court
proceedings in the hiring county. Mentors must be county court
judges or traffic hearing officers; and
(5) written training manuals for reference.
(g) Continuing Legal Education. Traffic hearing officers
must complete 4 hours of continuing legal education per year. The
continuing legal education program must be approved by the
supreme court and must contain a minimum of 2 hours of ethics or
professionalism, and 2 hours of civil traffic infraction related
education. Curriculum materials must be submitted to the Office of
the State Courts Administrator.
(h) Code of Judicial Conduct. All traffic hearing officers
shall be subject to the Code of Judicial Conduct as provided in the
application section of the code.
(i) Robes. Traffic hearing officers shall not wear robes.
(j) Concurrent Jurisdiction. A county judge may exercise
concurrent jurisdiction with a traffic hearing officer.
(k) Assignment to County Judge. On written request of the
defendant, within 30 days of the issuance of the uniform traffic
citation, the case shall be assigned to a county judge.
Committee Notes
1990 Adoption. The rule attempts to incorporate relevant provisions of
chapter 89-337, Laws of Florida, with minor modifications.
The provision in subdivision (c) that the traffic magistrate shall serve at
the will of the chief judge is implicit in chapter 89-337, and is believed to be a
good policy since it makes irrelevant consideration of the necessity of any
involvement by the Judicial Qualifications Commission.
(d)(1) See 1990 Committee Note concerning rule 6.080.
In relation to subdivision (e) on appeals, the subcommittee believes that
the addition of the language on the certifications to district courts, while
making an obvious point, would avoid any possible confusion. It was also the
consensus that there would be no need to recommend amendments to the
Florida Rules of Appellate Procedure since rules 9.030(b)(4)(A) and
9.030(c)(1)(A) would appear to cover the matter adequately without further
amendment.
Subdivision (g) goes into less detail concerning the actual length of
training (40 hours preservice/10 hours continuing) required by chapter 89-
337. A special plan for such training will be provided separately, including a
recommendation for the waiver of such training for recently retired county
court judges.
This rule expands the statutory prohibition of chapter 89-337, section 7,
which prohibits traffic magistrates from practicing before other civil traffic
magistrates and handling traffic appeals. The committee expressed concern
that a limited prohibition extending only to practice before other magistrates
might be read as condoning magistrate practice in traffic cases in front of
county court judges. Given the contemplated relationship between county
court judges and magistrates in education, training, and professional duties,
such practice would give the appearance of conflict and should be prohibited.
In relation to subdivision (k), it was the opinion of the subcommittee that
the wearing of robes might lead to confusion and interfere with the informal
setting of the hearings.
1990 Amendment. Amendment of section 318.30, Florida Statutes
(1990), reduced the case load requirement from 20,000 to 15,000 for purposes
of allowing a county’s participation in the Civil Traffic Infraction Hearing Officer
Program. This amendment is necessary to conform the rule to the provisions of
the amended statute.
1995 Amendment. Language was added to subdivision (d) to make it
clear that hearing officers/magistrates can hear and rule upon motions, such
as continuance motions, and otherwise handle normal motion practice in
infraction cases.
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.”
Subsection (a) reflects the legislative intent of section 318.30, Florida
Statutes (1994). No longer is a minimum number of cases required before a
county can establish a traffic infraction hearing officer program.
Changes to subsection (m) are intended to make uniform the procedure
for assignment to a county judge for hearing.
2001 Amendment. Subdivision (g) provides detailed requirements for
standardized initial training of traffic hearing officers. A statewide survey of
judges and traffic hearing officers was taken and the rule then amended to
incorporate the current statewide practice.
Subdivision (h) was added to resolve a conflict that existed between the
rules and section 318.34, Florida Statutes.
Subdivision (i) was amended to conform the rule to the current practice
prohibitions for hearing officers contained in the Code of Judicial Conduct. The
code reflects the consensus of the committee as to appropriate prohibitions.
PROGRAM; TRAFFIC HEARING OFFICERS
Under the authority of sections 318.30–318.38, Florida
Statutes, and article V, section 2, Florida Constitution, this court
adopts the following rules and procedure for the Civil Traffic
Infraction Hearing Officer Program:
(a) Eligibility of County. Pursuant to section 318.30,
Florida Statutes, any county shall be eligible to participate in the
Civil Traffic Infraction Hearing Officer Program. The chief judge
shall make the decision on whether to participate in the program.
Any county electing to participate in the program shall be subject to
the supervision of the supreme court.
(b) Appointment of Traffic Hearing Officers. The chief
judge shall appoint hearing officers after consultation with the
county judges in the county affected; all appointments must be
approved by the chief justice. Once the chief justice grants
approval, the traffic hearing officers shall serve at the pleasure of
the chief judge. Traffic hearing officers may serve either full-time or
part-time at the discretion of the chief judge.
(c) Jurisdiction. Traffic hearing officers shall have the
power to accept pleas from defendants, hear and rule upon
motions, decide whether a defendant has committed an infraction,
and adjudicate or withhold adjudication in the same manner as a
county court judge. However, a traffic hearing officer shall not:
(1) have the power to hold any person in contempt of
court, but shall be permitted to file a verified motion for order of
contempt with an appropriate state trial court judge pursuant to
Florida Rule of Criminal Procedure 3.840;
(2) hear a case involving an accident resulting in injury
or death; or
(3) hear a criminal traffic offense case or a case
involving a civil traffic infraction issued in conjunction with a
criminal traffic offense.
(d) Appeals. Appeals from decisions of a traffic hearing
officer shall be made to the circuit court pursuant to the relevant
provisions of the Florida Rules of Appellate Procedure in the same
manner as appeals from the county court, except that traffic
hearing officers shall not have the power to certify questions to
district courts of appeal. The appellant shall be responsible for
producing the record for any appeal.
(e) Membership in The Florida Bar. A traffic hearing officer
shall be a member in good standing of The Florida Bar.
(f) Training. Traffic hearing officers must complete 40 hours
of standardized training that has been approved by the supreme
court. Instructors must be judges, hearing officers, and persons
with expertise or knowledge with regard to specific traffic violations
or traffic court. Curriculum and materials must be submitted to the
Office of the State Courts Administrator. The standardized training
must contain, at a minimum, all of the following:
(1) 28 hours of lecture sessions including 2.5 hours of
ethics, 5 hours of courtroom control management, 11 hours of
basic traffic court law and evidence (which must include handling of
situations in which a defendant’s constitutional right against self-
incrimination may be implicated), 3 hours of clerk’s office/DMV
training, 2 hours of participant perspective
sessions/demonstrations, 3 hours of dispositions/penalties, and
1.5 hours of civil infractions/jurisdiction;
(2) 4 hours of role playing including mock opening
statements, pretrial and trial sessions, and direct observation;
(3) 4 hours of observation including 2 hours of on-road
observation of traffic enforcement;
(4) 4 hours of mentored participation in traffic court
proceedings in the hiring county. Mentors must be county court
judges or traffic hearing officers; and
(5) written training manuals for reference.
(g) Continuing Legal Education. Traffic hearing officers
must complete 4 hours of continuing legal education per year. The
continuing legal education program must be approved by the
supreme court and must contain a minimum of 2 hours of ethics or
professionalism, and 2 hours of civil traffic infraction related
education. Curriculum materials must be submitted to the Office of
the State Courts Administrator.
(h) Code of Judicial Conduct. All traffic hearing officers
shall be subject to the Code of Judicial Conduct as provided in the
application section of the code.
(i) Robes. Traffic hearing officers shall not wear robes.
(j) Concurrent Jurisdiction. A county judge may exercise
concurrent jurisdiction with a traffic hearing officer.
(k) Assignment to County Judge. On written request of the
defendant, within 30 days of the issuance of the uniform traffic
citation, the case shall be assigned to a county judge.
Committee Notes
1990 Adoption. The rule attempts to incorporate relevant provisions of
chapter 89-337, Laws of Florida, with minor modifications.
The provision in subdivision (c) that the traffic magistrate shall serve at
the will of the chief judge is implicit in chapter 89-337, and is believed to be a
good policy since it makes irrelevant consideration of the necessity of any
involvement by the Judicial Qualifications Commission.
(d)(1) See 1990 Committee Note concerning rule 6.080.
In relation to subdivision (e) on appeals, the subcommittee believes that
the addition of the language on the certifications to district courts, while
making an obvious point, would avoid any possible confusion. It was also the
consensus that there would be no need to recommend amendments to the
Florida Rules of Appellate Procedure since rules 9.030(b)(4)(A) and
9.030(c)(1)(A) would appear to cover the matter adequately without further
amendment.
Subdivision (g) goes into less detail concerning the actual length of
training (40 hours preservice/10 hours continuing) required by chapter 89-
337. A special plan for such training will be provided separately, including a
recommendation for the waiver of such training for recently retired county
court judges.
This rule expands the statutory prohibition of chapter 89-337, section 7,
which prohibits traffic magistrates from practicing before other civil traffic
magistrates and handling traffic appeals. The committee expressed concern
that a limited prohibition extending only to practice before other magistrates
might be read as condoning magistrate practice in traffic cases in front of
county court judges. Given the contemplated relationship between county
court judges and magistrates in education, training, and professional duties,
such practice would give the appearance of conflict and should be prohibited.
In relation to subdivision (k), it was the opinion of the subcommittee that
the wearing of robes might lead to confusion and interfere with the informal
setting of the hearings.
1990 Amendment. Amendment of section 318.30, Florida Statutes
(1990), reduced the case load requirement from 20,000 to 15,000 for purposes
of allowing a county’s participation in the Civil Traffic Infraction Hearing Officer
Program. This amendment is necessary to conform the rule to the provisions of
the amended statute.
1995 Amendment. Language was added to subdivision (d) to make it
clear that hearing officers/magistrates can hear and rule upon motions, such
as continuance motions, and otherwise handle normal motion practice in
infraction cases.
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.”
Subsection (a) reflects the legislative intent of section 318.30, Florida
Statutes (1994). No longer is a minimum number of cases required before a
county can establish a traffic infraction hearing officer program.
Changes to subsection (m) are intended to make uniform the procedure
for assignment to a county judge for hearing.
2001 Amendment. Subdivision (g) provides detailed requirements for
standardized initial training of traffic hearing officers. A statewide survey of
judges and traffic hearing officers was taken and the rule then amended to
incorporate the current statewide practice.
Subdivision (h) was added to resolve a conflict that existed between the
rules and section 318.34, Florida Statutes.
Subdivision (i) was amended to conform the rule to the current practice
prohibitions for hearing officers contained in the Code of Judicial Conduct. The
code reflects the consensus of the committee as to appropriate prohibitions.