HB 1033

1
A bill to be entitled
2An act relating to civil traffic court; creating the
3"Traffic Safety Act of 2004"; amending s. 318.18, F.S.;
4providing additional court costs for traffic violations;
5limiting the amount of certain court costs; providing for
6moneys collected to be used for the operation of civil
7traffic infraction magistrate programs; providing for use
8of certain nondesignated funds for criminal justice
9selection centers or other local criminal justice access
10and assessment centers; amending s. 318.21, F.S.;
11providing for distribution of moneys collected; amending
12s. 318.37, F.S.; providing for funding of civil traffic
13infraction magistrate programs; renaming hearing officers
14as traffic magistrates; amending ss. 318.30, 318.31,
15318.32, 318.325, 318.33, 318.34, 318.35, 318.36, and
16318.38, F.S.; conforming provisions; providing an
17effective date.
18
19     WHEREAS, the civil traffic court hearing officer programs
20have been designated an essential element of the statewide court
21system, and
22     WHEREAS, the funding for these programs is now the
23obligation of the state, and
24     WHEREAS, the Legislature desires to continue to provide
25effective and efficient resolution of civil traffic court cases,
26NOW, THEREFORE,
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  This act may be known by the popular name the
31"Traffic Safety Act of 2004."
32     Section 2.  Subsection (11) of section 318.18, Florida
33Statutes, as amended by chapter 2003-402, Laws of Florida, is
34amended to read:
35     318.18  Amount of civil penalties.--The penalties required
36for a noncriminal disposition pursuant to s. 318.14 are as
37follows:
38     (11)(a)  Court costs that are to be in addition to the
39stated fine must be paid in an amount not less than the
40following and shall be deposited by the clerk into the fine and
41forfeiture fund established pursuant to s. 142.01:
42
43For pedestrian infractions                             $ 3.
44For nonmoving traffic infractions                      $16.
45For moving traffic infractions                         $30.
46
47     (b)  In addition to the court costs cost required under
48paragraph (a), the court shall impose an additional cost for
49each infraction as follows:
50     1.  A $3 court cost must be paid for each infraction to be
51distributed as provided in s. 938.01. and
52     2.  A $2 court cost to be distributed as provided in s.
53938.15 when assessed by a municipality or county.
54     3.  A $3 court cost to fund the county civil traffic
55infraction magistrate programs. These funds shall be managed by
56the state, and each county's funds shall be earmarked
57exclusively for the operation of the civil traffic infraction
58magistrate programs.
59
60Court costs imposed under this subsection may not exceed $35. A
61criminal justice selection center or other local criminal
62justice access and assessment center may be funded from
63nondesignated court costs collected under this section.
64     Section 3.  Subsection (13) is added to section 318.21,
65Florida Statutes, to read:
66     318.21  Disposition of civil penalties by county
67courts.--All civil penalties received by a county court pursuant
68to the provisions of this chapter shall be distributed and paid
69monthly as follows:
70     (13)  The court costs from traffic violations provided for
71under s. 318.18(11) shall be collected and distributed by the
72clerk of the court as provided in that subsection.
73     Section 4.  Section 318.37, Florida Statutes, is amended to
74read:
75     318.37  Funding.--In any county electing to establish a
76civil traffic infraction magistrate hearing officer program
77under ss. 318.30-318.38, the court shall develop a plan for its
78implementation and shall submit the plan to the Office of the
79State Courts Administrator. Funds for the program are to be used
80for traffic magistrate hearing officer salaries, which may not
81exceed $50 per hour, and other necessary expenses such as
82traffic magistrate hearing officer training, office rental,
83furniture, and administrative staff salaries. Any county
84electing to establish and participate in civil traffic
85infraction magistrate programs approved by the Supreme Court
86shall be funded in accordance with s. 318.18(11)(b) such a
87program shall provide the funds necessary to operate the
88program.
89     Section 5.  Funding for traffic court programs; traffic
90magistrates designated.--Any county electing to participate in
91civil traffic infraction magistrate programs approved by the
92Supreme Court shall be funded in accordance with s.
93318.18(11)(b). Traffic hearing officers shall be referred to as
94traffic magistrates.
95     Section 6.  Section 318.30, Florida Statutes, is amended to
96read:
97     318.30  Legislative intent.--It is the intent of the
98Legislature that civil traffic infraction magistrates hearing
99officers be appointed and used in those counties where the need
100arises for their services. Any civil traffic infraction
101magistrate hearing officer program established in a county under
102ss. 318.30-318.38 shall be subject to the supervision of the
103Supreme Court.
104     Section 7.  Section 318.31, Florida Statutes, is amended to
105read:
106     318.31  Objectives.--The Supreme Court is hereby requested
107to adopt rules and procedures for the establishment and
108operation of civil traffic infraction magistrate hearing officer
109programs under ss. 318.30-318.38. However, the appointment of a
110traffic magistrate hearing officer shall be at the option of the
111county electing to establish such a program, upon recommendation
112by the county court judge or judges, as the case may be, and the
113Chief Judge of the Circuit and approval by the Chief Justice of
114the Supreme Court.
115     Section 8.  Subsections (1) and (2) of section 318.32,
116Florida Statutes, are amended to read:
117     318.32  Jurisdiction; limitations.--
118     (1)  Traffic magistrates Hearing officers shall be
119empowered to accept pleas from and decide the guilt or innocence
120of any person, adult or juvenile, charged with any civil traffic
121infraction and shall be empowered to adjudicate or withhold
122adjudication of guilt in the same manner as a county court judge
123under the statutes, rules, and procedures presently existing or
124as subsequently amended, except that traffic magistrates hearing
125officers shall not:
126     (a)  Have the power to hold a defendant in contempt of
127court, but shall be permitted to file a motion for order of
128contempt with the appropriate state trial court judge;
129     (b)  Hear a case involving a crash resulting in injury or
130death; or
131     (c)  Hear a criminal traffic offense case or a case
132involving a civil traffic infraction issued in conjunction with
133a criminal traffic offense.
134     (2)  This section does not prohibit a county court judge
135from exercising concurrent jurisdiction with a civil traffic
136magistrate hearing officer.
137     Section 9.  Section 318.325, Florida Statutes, as amended
138by chapter 2003-402, Laws of Florida, is amended to read:
139     318.325  Jurisdiction and procedure for parking
140infractions.--Any county or municipality may adopt an ordinance
141that allows the county or municipality to refer cases involving
142the violation of a county or municipal parking ordinance to a
143traffic magistrate hearing officer funded by the county or
144municipality. Notwithstanding the provisions of ss. 318.14 and
145775.08(3), any parking violation shall be deemed to be an
146infraction as defined in s. 318.13(3). However, the violation
147must be enforced and disposed of in accordance with the
148provisions of general law applicable to parking violations and
149with the charter or code of the county or municipality where the
150violation occurred. The clerk of the court or the designated
151traffic violations bureau must collect and distribute the fines,
152forfeitures, and court costs assessed under this section.
153Notwithstanding the provisions of s. 318.21, fines and
154forfeitures received from parking violations committed within
155the unincorporated areas of the county or within the boundaries
156of the municipality must be collected and paid monthly to the
157county or municipality, respectively. Court costs assessed by
158the traffic magistrate hearing officer must be paid to the
159county.
160     Section 10.  Section 318.33, Florida Statutes, is amended
161to read:
162     318.33  Appeals.--Decisions of the traffic magistrate
163hearing officer are appealable, under the rules of court, to the
164circuit court. Appeals shall be based upon the record of the
165hearing before the traffic magistrate hearing officer and shall
166not be hearings de novo. Appellants are responsible for
167producing the record of the hearing beyond that which normally
168results from the civil traffic infraction hearing process.
169     Section 11.  Section 318.34, Florida Statutes, is amended
170to read:
171     318.34  Qualifications.--Applicants for the position of
172traffic magistrate hearing officer of the civil traffic court
173shall be members in good standing of The Florida Bar and shall
174have completed a 40-hour education and training program which
175has been approved by the Florida Supreme Court. Thereafter,
176traffic magistrates hearing officers shall complete an approved
1774-hour continuing education program annually.
178     Section 12.  Section 318.35, Florida Statutes, is amended
179to read:
180     318.35  Term of office.--Traffic magistrates Hearing
181officers shall be independent contractors and may serve either
182full time or part time as determined by the chief judge. In
183either case, they shall serve at the pleasure of the chief judge
184of the county and circuit in which they are to hear cases and
185shall have no definite term of office.
186     Section 13.  Section 318.36, Florida Statutes, is amended
187to read:
188     318.36  Code of ethics.--Traffic magistrates Hearing
189officers shall be subject to The Florida Bar Code of
190Professional Responsibility and not the Judicial Code of Ethics,
191except that they shall avoid practices or occupations that would
192constitute a conflict of interest or give the appearance of
193impropriety. Whether serving full time or part time, traffic
194magistrates hearing officers shall be prohibited from
195representing clients or practicing before any other traffic
196magistrate hearing officer of a civil traffic court or from
197representing any client appealing the decision of any other
198traffic magistrate hearing officer. A civil traffic infraction
199magistrate infractions hearing officer appointed under s. 318.30
200shall have judicial immunity in the same manner and to the same
201extent as judges.
202     Section 14.  Section 318.38, Florida Statutes, is amended
203to read:
204     318.38  Nonseverability.--If the provisions of s. 318.32
205authorizing traffic magistrates hearing officers to impose the
206same sanctions as county court judges for civil traffic
207infractions are found to be unconstitutional by the Florida
208Supreme Court, then the traffic magistrates hearing officers
209shall have no further jurisdiction over any civil traffic
210infractions.
211     Section 15.  This act shall take effect January 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.