REGINALD BYRON COLLEY
v.
STATE OF FLORIDA
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Traffic hearing officer decisions in speeding violations must be appealed to the circuit court, not the district court of appeal, pursuant to section 318.33, Florida Statutes, and Florida Rule of Traffic Court 6.630(d).
[1] Traffic hearing officer decisions in speeding violation cases must be appealed to the circuit court pursuant to section 318.33, Florida Statutes, and Florida Rule of Traf…
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Join FLexlaw to unlock all legal intelligence“Decisions of the hearing officer are appealable, under the rules of court, to the circuit court”
Section 318.33, Florida Statutes (2022)
Reginald Byron Colley was cited for exceeding the posted speed limit in violation of section 316.187(1), Florida Statutes. A traffic hearing officer d…
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PER CURIAM.
Reginald Byron Colley appeals a traffic hearing officer’s determination that he exceeded the posted speed limit in violation of section 316.187(1), Florida Statutes (2022). The State correctly responds that Colley should have appealed this determination to the circuit court pursuant to section 318.33, Florida Statutes (2022), which provides that “[d]ecisions of the hearing officer are appealable, under the rules of court, to the circuit court,” and Florida Rule of Traffic Court 6.630(d), which provides that “[a]ppeals 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.”
In light of these provisions, jurisdiction to hear traffic infraction appeals was not transferred to the district courts by virtue of the enactment of section 3 of Chapter 20–161, Laws of Florida, which provides: “Circuit courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards and of reviews and appeals as otherwise expressly provided by law.” (Emphasis added). Therefore, this appeal is transferred to the Fourth Judicial Circuit Court in and for Duval County for disposition. See State v. Islam, 352 So. 3d 956, 957 (Fla. 2d DCA 2022); Nelson v. State, 325 So. 3d 1005 (Fla. 3d DCA 2021). APPEAL TRANSFERRED.
JAY, BOATWRIGHT and MACIVER, JJ., concur.
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Colley v. State, 352 So. 3d 956 (Fla. 5th DCA 2023)…ent code enforcement boards and of reviews and appeals as otherwise expressly provided by law.” (Emphasis added). Therefore, this appeal is transferred to the Fourth Judicial Circuit Court in and for Duval County for disposition. See State v. Islam, 352 So. 3d 956, 957 (Fla. 2d DCA 2022); Nelson v. State, 325 So. 3d 1005 (Fla. 3d DCA 2021). APPEAL TRANSFERRED. JAY, BOATWRIGHT and MACIVER, JJ., concur.…1 / 2
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Bass v. State (Fla. 5th DCA 2023)…l traffic infraction, and Bass has appealed that adjudication to our court. Finding that we lack subject matter jurisdiction, we transfer this appeal to the Fourth Judicial Circuit Court in and for Duval County for disposition. See Nelson v. State, 325 So. 3d 1005 (Fla. 3d DCA 2021); see also Colley v. State, 48 Fla. L. Weekly D436 (Fla. 5th DCA Feb. 24, 2023). APPEAL TRANSFERRED. MAKAR, HARRIS and BOATWRIGHT, JJ., concur.…
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Bass v. State (Fla. 5th DCA 2023)…traffic infraction, and Bass has appealed that adjudication to our court. Finding that we lack subject matter jurisdiction, we transfer this appeal to the Fourth Judicial Circuit Court in and for Duval County for disposition. See Nelson v. State, 325 So. 3d 1005 (Fla. 3d DCA 2021); see also Colley v. State, 48 Fla. L. Weekly D436 (Fla. 5th DCA Feb. 24, 2023). APPEAL TRANSFERRED. MAKAR, HARRIS and BOATWRIGHT, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Colley v. State, 352 So. 3d 956 (Fla. 5th DCA 2023)
- Bass v. State (Fla. 5th DCA 2023)