[weishaupt1776]

The research of Mr. John Sims, another one of Florida state's finest, has been helping me weave my way through the Statutory Web!
He's definitely got me looking at the rules alot more closelyIHere's the set up in FLORIDA RULES OF TRAFFIC COURT 2004 Edition

• I. SCOPE, PURPOSE, AND CONSTRUCTION
  RULE 6.010. SCOPE
  (b) Part III. The rules under Part III of these rules apply to all criminal traffic offenses, . . .
  (c) Part IV. The rules under Part IV of these rules apply only to traffic infractions adjudicated in a court of the state, whether by a county court judge or civil traffic infraction hearing officer.

This is important to note in order to catch what Part in the rules is civil & what Part is criminal. Do you notice how they mention the word "criminal" so brazenly but hide the word "civil in RULE 6.010(c) above?

• RULE 6.020. PURPOSE AND CONSTRUCTION
  These rules shall be construed to secure simplicity and uniformity in procedure . . .

This comes into play later

Ah yes, this is where we start to have fun - the "definitions" part, a researcher's fave - no doubt.

• II. GENERAL PROVISIONS
  RULE 6.040. DEFINITIONS
  (b) “Charging document” means any information, uniform traffic citation, complaint affidavit, or any other manner of charging a criminal traffic offense under law.

What document can be used in charging a civil infraction?

• (h) “Prosecutor” means any attorney . . prosecution of a defendant for the violation of a statute or ordinance.

They told me in court that the Sheriff is the Prosecutor, is he an attorney, too? Talented Guy.

• (k) “Infraction” means a noncriminal traffic violation that is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel.

They love to hide that word "civil" using the phrase "non-criminal" because you might actually be able to invoke Civil Procedure in order to get a fair trial. Wouldn't wanna do that.

• (n) “Officer” means any enforcement officer charged with and acting under authority to arrest or cite persons suspected or known to be violating the statutes or ordinances regulating the operation of equipment or
  vehicles or the regulation of traffic.

Where's the authority to prosecute?

• RULE 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.

This is speculative, but are Sheriffs authorized or delegated with any authority to issue a summons or take action in civil matters? Also, How can I be held in criminal contempt in a civil matter just for asking questions which expose their hootenany on the public's life, liberty, & property?

If the Black Robed Mob Boss tries to hold me in contempt for asking pointed questions which expose their extortion racket, according to their "rules", it can't apply in a civil hearing:

• RULE 6.090. DIRECT AND INDIRECT CRIMINAL CONTEMPT- Direct and indirect criminal contempt shall be proceeded upon in the same manner as in the Criminal Rules of Procedure.

• III. CRIMINAL OFFENSES
  RULE 6.160. PRACTICE AS IN CRIMINAL RULES
  Except as provided, the Florida Rules of Criminal Procedure shall govern this part. A defendant shall be considered “taken into custody” for the purpose of rule 3.191 when the defendant is arrested, or when a traffic citation, notice to appear, summons, information, or indictment is served on the defendant in lieu of arrest.

Taken into custody? That's not being arrested?
Look at how contradictory the "rules" get now:

• RULE 6.165. COMPLAINT; SUMMONS; FORM; USE
  (a) Uniform Traffic Citation. All prosecutions for criminal traffic offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650, Florida Statutes, or other applicable statutes, or by affidavit, information, or indictment as provided for in the Florida Rules of Criminal Procedure. If prosecution is by affidavit, information, or indictment, a uniform traffic citation shall be prepared by the arresting officer at the direction of the prosecutor or, in the absence of the arresting officer, by the prosecutor and submitted to the department.

O.K. , but remember the definitions in RULE 6.040 (h) & (n) above regarding prosecution & officer above?
Plus this is not in Part IV regarding civil. Where, When, How, was the authority to prosecute delegated in the first place, let alone in civil matters?
Who delegated it to the Sherriff, the State Attorney?

• RULE 6.200. PLEAS AND AFFIDAVITS OF DEFENSE
  (b) Subject to the approval of the court, written pleas of guilty or nolo contendere may be entered in criminal traffic offenses not designated felonies under the laws of the state and sentence imposed thereon.

So what about pleas in civil matters?

• IV. TRAFFIC INFRACTIONS
  RULE 6.320. COMPLAINT; SUMMONS; FORMS; USE
  All citations for traffic infractions shall be by uniform traffic citations as provided in section 316.650, Florida Statutes, or other applicable statutes or by affidavit. If the complaint is made by affidavit a uniform traffic citation shall be prepared by the clerk and submitted to the department.

Who's prosecuting for civil matters? How is the prosecution made in civil matters? Where is the rule on how procesutions are made civil matters? Contrast with the Criminal Rule 6.165 above.

• RULE 6.325. SPEEDY TRIAL: INFRACTIONS ONLY
  (a) General Rule. Except as otherwise provided in this rule, every defendant charged with a noncriminal traffic infraction shall be brought to trial within 180 days of the date the defendant is served with the uniform traffic citation or OTHER charging document. . .

Scroll back up to RULE 6.040(b). It says that a charging doc is only for criminal! But wait - Scroll back up to RULE 6.020. . . ." to secure simplicity and uniformity in procedure" ??
That rule is immediately before the definitions. If the definitions say that a charging doc is for criminal & that is meant to be uniform throughout the rules, then put 2 & 2 together.

• RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE
  (a) Appearance in Court. Any defendant charged with an infraction may, in lieu of a personal appearance at trial, file an affidavit of defense or an admission that the infraction was committed as provided in this rule.

Scroll Back up to 6.200 where it mentions pleas. Do you see anything about pleas in part IV here dealing with civil?

• (c) Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney may represent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant's statements, and examine and cross examine

Notice that it does NOT say that the judge may enter a plea. Unless of course he is offering to be my attorney.

• 
  RULE 6.460. EVIDENCE
  (a) Applicable Rules. The rules of evidence applicable in all hearings for traffic infractions shall be the same as in civil cases, except to the extent inconsistent with these rules, and shall be liberally construed by the official hearing the case.

That's just a fancy way of saying that they can refuse to take judicial notice, overrule legitimate objections, etc . . because they are part of a private club & you are not

• (b) Tape Recording of Hearing. Any party to a noncriminal traffic infraction may make a tape recording of the hearing. The provision and operation of the recording equipment shall be the responsibility of the defendant unless otherwise provided by the court. The original recording shall be delivered immediately after the hearing to the clerk, who shall seal and file it. Such tape shall be transcribed for an appeal if ordered by the defendant. Transcription shall only be by an official court reporter at the defendant’s expense.

Another fancy way of saying, we will delete & distort your original claims which exposed our fraud & transcribe what we want so that we don't lose on appeal. Oh, by the way, you have to pay for our altered record also.

OKAY, IT'S ALL DONE NOW. ANY QUESTIONS OR COMMENTS?