Florida Statute 318.32 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS

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F.S. 318.32

318.32 Jurisdiction; limitations.—

(1) Hearing officers shall be empowered to accept pleas from and decide the guilt or innocence of any person, adult or juvenile, charged with any civil traffic infraction and shall be empowered to adjudicate or withhold adjudication of guilt in the same manner as a county court judge under the statutes, rules, and procedures presently existing or as subsequently amended, except that hearing officers shall not:

(a) Have the power to hold a defendant in contempt of court, but shall be permitted to file a motion for order of contempt with the appropriate state trial court judge;

(b) Hear a case involving a crash resulting in injury or death;

(c) Hear a criminal traffic offense case or a case involving a civil traffic infraction issued in conjunction with a criminal traffic offense; or

(d) Have the power to suspend or revoke a defendant’s driver license pursuant to s. 316.655(2).

(2) This section does not prohibit a county court judge from exercising concurrent jurisdiction with a civil traffic hearing officer.

(3) Upon the request of the defendant contained in a Notice of Appearance or a written plea, the case shall be assigned to a county court judge regularly assigned to hear traffic matters.

History.—s. 3, ch. 89-337; s. 1, ch. 91-152; s. 4, ch. 94-202; s. 255, ch. 99-248; s. 51, ch. 2005-236; s. 26, ch. 2006-290.

F.S. 318.32 on Google Scholar

F.S. 318.32 on Casetext

Amendments to 318.32

Arrestable Offenses / Crimes under Fla. Stat. 318.32

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 318.32.

Annotations, Discussions, Cases:

Cases Citing Statute 318.32

Total Results: 4

JAMES NELSON OBO MINOR CHILD, N.N. v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-08-04

Snippet: same manner as a county court judge . . . .” § 318.32(1), Fla. Stat. (2021). The circuit court also has

City of Aventura v. Masone

Court: District Court of Appeal of Florida | Date Filed: 2011-11-30

Citation: 89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

Snippet: determination (as opposed to a hearing officer), see § 318.32(3) (providing that “[u]pon request of the defendant

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-06-26

Snippet: the Judicial Code of Ethics.4 Pursuant to section 318.32, Florida Statutes, "Hearing officers shall be empowered

Chakford v. Sturm

Court: Supreme Court of Florida | Date Filed: 1953-06-05

Citation: 65 So. 2d 864, 1953 Fla. LEXIS 1359

Snippet: charged in addition to interest which totaled $1,318.32. Summarized, appellants received $55,000 on a $60