FL · rules

Fla. R. Traf. Ct. 6.630

Civil Traffic Infraction Hearing Officer Program; Traffic Hearing Officers

activein force · 2026-01-01 – presentact-effective-date

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.

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.

History

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.

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: b83df24120c8ad9717c42e346dbf67f06509f091282f18a05356930bcda94a17

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