Florida Rules of Traffic Court
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6.080. Improper Disposition of Traffic Ticket
Any person who solicits or aids in the disposition of a
traffic complaint or summons in any manner other than
that authorized by the court or who willfully
violates
any provision of these rules shall be proceeded against
for criminal contempt (in the manner provided in these
rules). However, a traffic hearing officer shall not have
the power to hold any person in contempt of court, but
shall be permitted to file a verified motion for order of
contempt before any state trial court judge of the same
county in which the alleged contempt occurred. Such
matter shall be handled as an indirect contempt
of court
pursuant to the provisions of Florida Rule of Criminal
Procedure 3.840.
Committee Notes
1990 Amendment. This rule expands the statutory mandate of
Chapter 89-337, section 3(1) which deprives magistrates of the
power of contempt with respect to defendants only. The rule extends
the prohibition of a magistrate’s direct contempt powers to cover any
person. The Committee expressed concern that if the contempt prohibition
were limited to only the defendant, it might be assumed that
such powers existed with respect to others such as attorneys, court
personnel and witnesses. This rule also incorporates reference to the
provisions of Florida Rule of Criminal Procedure 3.840 by specifying
that magistrates may initiate indirect contempt proceedings by
filing a verified motion for order of contempt pursuant to the Rule of
Criminal Procedure.
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.”
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