CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 2309008
...inion, with which we generally agree. The petitioner mainly suggests that section 985.201, Florida Statutes (2002), and the decision of the Florida Supreme Court in V.K.E. v. State,
934 So.2d 1276 (Fla.2006), have somehow overcome section
26.012 and section
316.635 Florida Statues, as well as case law consistently confirming the jurisdiction of the county court in such cases, including State v....
...the juvenile justice system, but rather, remain vital. We further agree with the circuit court that V.K.E. is of marginal relevance to this case and, to the extent it is relevant, it reinforces the notion that such express legislative enactments as section
316.635 and
26.012 be enforced according to their terms....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 957594
...to have committed a violation of law or of a county or municipal ordinance pertaining to the operation of a motor vehicle; however, any traffic offense *1281 that is punishable by law as a felony shall be under the jurisdiction of the circuit court. § 316.635(1), Fla....
...(emphasis added). The juveniles in these cases are charged with a violation under chapter 322, driving without a valid license, which relates to the operation of a motor vehicle and is a misdemeanor, not a felony. §
322.39, Fla. Stat. (2003). Under section
316.635(1), the county court has original jurisdiction over the offenses allegedly committed by the three defendants....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...91-255, Laws of Florida, apply to juveniles who are taken into custody for driving under the influence? SUMMARY: Section
316.193 (9), F.S., as created by s. 18, Ch. 91-255, Laws of Florida, does not apply to juveniles taken into custody for driving under the influence, in light of the specific provisions in s.
316.635 , F.S., applicable to juveniles charged with criminal traffic violations. The six hour limitation on temporary custody of juveniles in an adult facility prescribed in s. 39.038(4), F.S. (1990 Supp.), may be given effect without altering the requirements in s.
316.635 , F.S....
..., as the court having original jurisdiction over traffic violations, is authorized to exercise jurisdiction over juveniles charged with driving under the influence, unless the offense is punishable by law as a felony. 3 As recognized in the opinion, s. 316.635 (1), F.S., provides: A court which has jurisdiction over traffic violations shall have original jurisdiction in the case of any minor who is alleged to have committed a violation of law or of a county or municipal ordinance pertaining to t...
...le. 6 Accordingly, a minor who is charged with driving under the influence 7 would be under the jurisdiction of the county court, unless the offense is punishable as a felony, in which case the proceeding would be transferred to the circuit court. 8 Section 316.635 , F.S., contains specific and clear provisions for the handling of a minor taken into custody for a criminal traffic offense which would control over general provisions in Ch. 316 , F.S. 9 I have not found any evidence in the legislative history of Ch. 91-255, Laws of Florida, that the specific provisions for the custodial treatment of juveniles charged with DUI contained in s. 316.635 , F.S., would be altered or affected by passage of the legislation....
...(1990 Supp.), secures this separation in the event a juvenile is taken to an adult detention facility. This limitation on the custody of a juvenile in an adult detention facility may by given effect without infringing on the specific requirements regarding custody of juveniles in s.
316.635 , F.S., inasmuch as the custodial options contained therein do not require, nor contemplate, that the juvenile be held in custody at such a facility. 12 Accordingly, it is my opinion that s.
316.635 , F.S., containing specific provisions for the custody of a juvenile taken in for a criminal traffic violation such as driving under the influence, controls over the general provisions in s.
316.193 , F.S. 13 Furthermore, s. 39.038(5), F.S. (1990 Supp.), may be given effect without conflicting with the custodial options contained in s.
316.635 , F.S....
...316.193 (3)(c)2., F.S., as amended, makes it a felony of the third degree to cause serious bodily harm as a result of DUI; and s.
316.193 (3)(c)3., F.S., as amended, makes it a felony of the second degree to cause the death of any human being as a result of DUI. 4 See , s.
316.635 (3), F.S. 5 Section
316.635 (3)(a)-(d), F.S....
...neral terms), review denied ,
504 So.2d 767 (Fla. 1987) (effectiveness of prior, more specific act is retained unless subsequent general act is intended as overall restatement of law on the same subject). 10 42 U.S.C. § 5601 , et seq . 11 See , s.
316.635 (2), F.S....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 8150
...inion, with which we generally agree. The petitioner mainly suggests that section 985.201, Florida Statutes (2002), and the decision of the Florida Supreme Court in V.K.E. v. State,
934 So.2d 1276 (Fla.2006), have somehow overcome section
26.012 and section
316.635 Florida Statues, as well as case law consistently confirming the jurisdiction of the county court in such cases, including State v....
...the juvenile justice system, but rather, remain vital. We further agree with the circuit court that V.K.E. is of marginal relevance to this case and, to the extent it is relevant, it reinforces the notion that such express legislative enactments as section
316.635 and
26.012 be enforced according to their terms....
CopyPublished | Florida 5th District Court of Appeal | 2009 WL 2632174
...5th DCA 2008) required that the DUI count be transferred to county court. In N.J.G., we determined that where a juvenile is charged with a misdemeanor traffic offense only, jurisdiction lies with the county court. Our decision was based primarily on section 316.635(1)....
...State,
987 So.2d 101 (Fla. 5th DCA 2008), the various statutory provisions implicated in this case are inconsistent and disorganized. It is incumbent upon us to discern the legislative intent. The majority correctly set forth the statutory provisions involved. Section
316.635(1), Florida Statutes, vests jurisdiction in the county court over misdemeanor traffic offenses, despite the general provisions of section
985.0301(1), which would otherwise have provided for jurisdiction in the juvenile division of the circuit court....
...jurisdiction of all misdemeanors arising out of the same circumstances as a charged felony. Although the Legislature has used the term "exclusive," section
26.012(2)(d) is general in nature, and speaks to the broad range of misdemeanors. Conversely, section
316.635(1) addresses a specific class of misdemeanors....
...h injuries. Surely this is not what the Legislature intended. NOTES [1] §
316.027(1)(a), Fla. Stat. (2008). [2] §
316.193, Fla. Stat. (2008). [3] §
790.01(1), Fla. Stat. (2008). [4] Fla. R.App. P. 9.145(c)(1)(A). [5] In N.J.G., we recognized that section
316.635(1) appeared to be in conflict with section 985.201 (since renumbered as section
985.0301(1)), which provided that a circuit court shall have "exclusive original jurisdiction of proceedings in which a child is alleged to have committed...
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 12666
...5th DCA 2008) required that the DUI count be transferred to county court. In N.J.G., we determined that where a juvenile is charged with a misdemeanor traffic offense only, jurisdiction lies with the county court. Our decision was based primarily on section 316.635(1)....
...REVERSED and REMANDED. MONACO, C.J., concurs. COHEN, J., dissents with opinion. . §
316.027(l)(a), Fla. Stat. (2008). . §
316.193, Fla. Stat. (2008). . §
790.01(1), Fla. Stat. (2008). . Fla. R.App. P. 9.145(c)(1)(A). . In N.J.G., we recognized that section
316.635(1) appeared to be in conflict with section 985.201 (since renumbered as section
985.0301(1)), which provided that a circuit court shall have "exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.” ....
