[weishaupt1776]

California(BT's petition-point 4)

1. The California Highway Patrol and the Department of Motor Vehicles are an “Agency” within the meaning of the California Government Code (CGC) section 11405.30
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     11405.30. "Agency" means a board, bureau, commission, department, division, office, officer, or other administrative unit, including the agency head, and one or more members of the agency head or agency employees or other persons directly or indirectly purporting to act on behalf of or under the authority of the agency head. To the extent it purports to exercise authority pursuant to this chapter, an administrative unit otherwise qualifying as an agency shall be treated as a separate agency even if the unit is located within or subordinate to another agency.

Florida

• 
  A Department w/in the executive branch is considered an "Agency" 20.03(11)
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    (11)"Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or another unit or entity of government
• In the Administrative Procedures Act, An agency is defined in 120.52
  
  • (1)"Agency" means:
    
    (a)The Governor in the exercise of all executive powers other than those derived from the constitution.
    
    (b)Each:
    
    1.State officer and state department, and each departmental unit described in s. 20.04.
    2.Authority, including a regional water supply authority.
• 
  Therefore, the Department of Highway Safety and Motor Vehicles and all of it's divisions, bureaus, and sections is an agency as defined in the Administrative Procedures Act

California(BT's petition-point 6)

1. The Vehicle Code is enforced by The California Highway Patrol and the Department of Motor Vehicles as per CVC §§2400 and 1650
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     (b) The commissioner shall enforce all laws regulating the operation of vehicles and the use of the highways
     
     1650. The director shall administer and enforce the provisions of this code relating to the department

Florida

• The Division of Florida Highway Patrol (DFHP) of the Department of Highway Safety and Motor Vehicles (DHSMV) has authority to enforce all of the traffic laws of this state. 316.640
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    (a)1.a. The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles, the Division of Law Enforcement of the Fish and Wildlife Conservation Commission, the Division of Law Enforcement of the Department of Environmental Protection, and law enforcement officers of the Department of Transportation each have authority to enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the state wherever the public has a right to travel by motor vehicle.
• Any entity or agency in the subsections of 316.640 are Traffic Enforcement Agencies 316.650
  • 
    316.640 (8)TRAFFIC ENFORCEMENT AGENCY.--Any agency or governmental entity designated in subsection (1), subsection (2), or subsection (3), including a university, a community college, a school board, or an airport authority, is a traffic enforcement agency for purposes of s. 316.650.
• The Department of Highway Safety and Motor Vehicles is the principal administrative unit of the executive branch. 20.04 (1)
  • (1)The department is the principal administrative unit of the executive branch. Each department must bear a title beginning with the words "State of Florida" and continuing with "Department of _____."
• Traffic Enforcement Agencies are administrative units of the Division, which, in turn are administrative units of the Department. 20.04(3)(a-c)
  • (3)**For their internal structure, all departments, except for the Department of Financial Services, the Department of Children and Family Services, the Department of Corrections, the Department of Management Services, the Department of Revenue, and the Department of Transportation, must adhere to the following standard terms:
    
    (a)**The principal unit of the department is the "division." Each division is headed by a "director."
    
    (b)**The principal unit of the division is the "bureau." Each bureau is headed by a "chief."
    
    (c)**The principal unit of the bureau is the "section." Each section is headed by an "administrator."
    
    (d)**If further subdivision is necessary, sections may be divided into "subsections," which are headed by "supervisors."

California(BT's petition-point 7)

• The commissioner shall have full responsibility and primary jurisdiction for the administration and enforcement of the vehicle code as per CVC §2400(d)
  • (d) The commissioner shall have full responsibility and primary
    jurisdiction for the administration and enforcement of the laws

Florida

• Florida Statute 20.05 says;
  • (a)Each head of a department, except as otherwise provided by law, must Plan, direct, coordinate, and execute the powers, duties, and functions vested in that department or vested in a division, bureau, or section of that department
    (b)**Have authority, without being relieved of responsibility, to execute any of the powers, duties, and functions vested in the department or in any administrative unit thereof through administrative units and through assistants and deputies designated by the head of the department from time to time, unless the head of the department is explicitly required by law to perform the same without delegation.
• (1)**The head of the Department of Highway Safety and Motor Vehicles is the Governor and Cabinet. 20.24
  • 20.24* Department of Highway Safety and Motor Vehicles.--There is created a Department of Highway Safety and Motor Vehicles.
    
    (1)**The head of the Department of Highway Safety and Motor Vehicles is the Governor and Cabinet.
    
    (2)**The following divisions, and bureaus within the divisions, of the Department of Highway Safety and Motor Vehicles are established:
    
    (a)**Division of the Florida Highway Patrol.
    
    (b)**Division of Driver Licenses.
    
    (c)**Division of Motor Vehicles.
    
    1.**Bureau of Motor Vehicle Inspection
• The definitions regarding ORGANIZATIONAL STRUCTURE of the executive department in 20.03 provide uniform nomenclature throughout the structure of the executive branch
• "Agency," means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or another unit or entity of government.

The department prepares and supplies to every traffic enforcement agency in this state the traffic citations containing a notice to appear. 316.650

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  316.650* Traffic citations.--
  
  (1)(a)**The department shall prepare, and supply to every traffic enforcement agency in this state, an appropriate form traffic citation containing a notice to appear

Traffic Enforcement Agencies are, therefore, under the jurisdiction of the Executive Branch

Therefroe, the Governor & his cabinet, as department heads, have principal jurisdiction over the Traffic Enforcement Agency who issued this notice to appear.