[weishaupt1776]

So when it says in the APA, "need not be heard by an admin law judge, that means that a hearing officer can hear it to. Except only in an admin hearing

318.30 Legislative intent.--It is the intent of the Legislature
that civil traffic infraction hearing officers be appointed and used
in those counties where the need arises for their services. Any
Civil Traffic Infraction Hearing Officer Program established in a
county under ss. 318.30-318.38 shall be subject to the supervision
of the Supreme Court.

History.--s. 1, ch. 89-337; s. 19, ch. 90-330; s. 2, ch. 94-202.



318.31 Objectives.--The Supreme Court is hereby requested to adopt
rules and procedures for the establishment and operation of Civil
Traffic Infraction Hearing Officer Programs under ss. 318.30-318.38.

History.--s. 2, ch. 89-337; s. 3, ch. 94-202; s. 50, ch. 2005-236.



318.32 Jurisdiction; limitations.--

(1) Hearing officers shall be empowered to accept pleas from and
decide the guilt or innocence of any person, adult or juvenile,
charged with any civil traffic infraction and shall be empowered to
adjudicate or withhold adjudication of guilt in the same manner as a
county court judge under the statutes, rules, and procedures
presently existing or as subsequently amended, except that hearing
officers shall not:

(a) Have the power to hold a defendant in contempt of court, but
shall be permitted to file a motion for order of contempt with the
appropriate state trial court judge;

(b) Hear a case involving a crash resulting in injury or death;

(c) Hear a criminal traffic offense case or a case involving a
civil traffic infraction issued in conjunction with a criminal
traffic offense; or

(d) Have the power to suspend a defendant's driver's license
pursuant to s. 316.655(2).

(2) This section does not prohibit a county court judge from
exercising concurrent jurisdiction with a civil traffic hearing
officer.

(3) Upon the request of the defendant contained in a Notice of
Appearance or a written plea, the case shall be assigned to a county
court judge regularly assigned to hear traffic matters.

History.--s. 3, ch. 89-337; s. 1, ch. 91-152; s. 4, ch. 94-202; s.
255, ch. 99-248; s. 51, ch. 2005-236.



318.325 Jurisdiction and procedure for parking infractions.--Any
county or municipality may adopt an ordinance that allows the county
or municipality to refer cases involving the violation of a county
or municipal parking ordinance to a hearing officer. Notwithstanding
the provisions of ss. 318.14 and 775.08(3), any parking violation
shall be deemed to be an infraction as defined in s. 318.13(3).
However, the violation must be enforced and disposed of in
accordance with the provisions of general law applicable to parking
violations and with the charter or code of the county or
municipality where the violation occurred. The clerk of the court or
the designated traffic violations bureau must collect and distribute
the fines, forfeitures, and court costs assessed under this section.

History.--s. 1, ch. 94-202; s. 101, ch. 2003-402; s. 62, ch. 2004-
265; s. 52, ch. 2005-236.



318.33 Appeals.--Decisions of the hearing officer are appealable,
under the rules of court, to the circuit court. Appeals shall be
based upon the record of the hearing before the hearing officer and
shall not be hearings de novo. Appellants are responsible for
producing the record of the hearing beyond that which normally
results from the civil traffic infraction hearing process.

History.--s. 4, ch. 89-337; s. 5, ch. 94-202.



318.34 Qualifications.--Applicants for the position of hearing
officer of the civil traffic court shall be members in good standing
of The Florida Bar and shall have completed a 40-hour education and
training program which has been approved by the Florida Supreme
Court. Thereafter, hearing officers shall complete an approved 4-
hour continuing education program annually.

History.--s. 5, ch. 89-337; s. 6, ch. 94-202.



318.35 Term of office.--Hearing officers shall be independent
contractors and may serve either full time or part time as
determined by the chief judge. In either case, they shall serve at
the pleasure of the chief judge of the county and circuit in which
they are to hear cases and shall have no definite term of office.

History.--s. 6, ch. 89-337; s. 7, ch. 94-202.



318.36 Code of ethics.--Hearing officers shall be subject to The
Florida Bar Code of Professional Responsibility and not the Judicial
Code of Ethics, except that they shall avoid practices or
occupations that would constitute a conflict of interest or give the
appearance of impropriety. Whether serving full time or part time,
hearing officers shall be prohibited from representing clients or
practicing before any other hearing officer of a civil traffic court
or from representing any client appealing the decision of any other
hearing officer. A civil traffic infractions hearing officer
appointed under s. 318.30 shall have judicial immunity in the same
manner and to the same extent as judges.

History.--s. 7, ch. 89-337; s. 8, ch. 94-202; s. 10, ch. 99-248.



318.38 Nonseverability.--If the provisions of s. 318.32 authorizing
hearing officers to impose the same sanctions as county court judges
for civil traffic infractions are found to be unconstitutional by
the Florida Supreme Court, then the hearing officers shall have no
further jurisdiction over any civil traffic infractions.

History.--s. 9, ch. 89-337; s. 10, ch. 94-202.