In re Transition Rule 20

306 So. 2d 489, 1974 Fla. LEXIS 4035
CourtSupreme Court of Florida
DecidedDecember 9, 1974
DocketNo. 46571
StatusPublished
Cited by5 cases

This text of 306 So. 2d 489 (In re Transition Rule 20) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Transition Rule 20, 306 So. 2d 489, 1974 Fla. LEXIS 4035 (Fla. 1974).

Opinion

PER CURIAM.

Appended to this order is a compilation of rules to govern the practice and procedure in courts throughout the state handling traffic cases until permanent rules are submited by The Florida Bar for adoption.

The rules are promulgated as an emergency matter to govern the courts in the handling of traffic cases under the Florida Uniform Disposition of Traffic Infractions Act, Chapter 74 — 377, Laws of Florida. This Act, which decriminalizes most traffic offenses, takes effect on January 1, 1975.

All conflicting rules and statutes are hereby rescinded after 11:59 p. m., Eastern Standard Time, December 31, 1974.

It is so ordered.

ADKINS, C. J., and ROBERTS, ERVIN, McCAIN and OVERTON, JJ., concur.

[490]*490FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS

I. SCOPE, PURPOSE AND CONSTRUCTION, AND TRANSITION

Rule

6.010. Scope.

6.020. Purpose and Construction.

6.030. Prosecution of Pending Cases.

II. GENERAL PROVISIONS

6.040. Definitions.

6.050. Local Rules.

6.060. Code of Judicial Conduct.

6.070. Violation of These Rules Contempt; When.

6.080. Improper Disposition of Traffic Ticket.

6.090. Contempt, Criminal; Summary Punishment; Order; Other Contempt Proceedings; Notice; Bail; Disqualification of Judge or Official; Order.

6.100. Traffic Violations Bureau.

6.110. Driver Improvement, Student Traffic Safety Council, and DWI Counterattack Schools.

6.120. Bail Bondsmen.

6.130. Traffic Cases Tried Separately.

6.140. Conduct of Trial.

6.150. Witnesses.

6.155. Checks.

6.156. Review Committee.

III. CRIMINAL OFFENSES

6.160. Complaint; Summons; Forms; Use.

6.170. Arraignment.

6.180. Calendar Arraignment Times.

6.190. Procedure on Failure to Appear; Warrant; Notice.

6.200. Procedure on Guilty or Nolo Contendere Plea.

6.210. Right of Defendants to Certain Information.

6.220. Practice as in Criminal Rules.

6.230. Joint Trial of Defendants and Informations and Complaints.

6.240. Order of Trial.

6.250. Issues of Fact.

6.260. Amendment of Record.

6.270. Failure to Testify.

6.280. Motion for Judgment of Acquittal.

6.290. Withholding Adjudication Prohibited; When.

6.300. Driver License Revocation; Maintaining List.

6.310. Reckless Driving; Lesser Included Offense.

[491]*491IV. TRAFFIC INFRACTIONS

6.320. Complaint; Summons; Forms; Use.

6.330. Election to Attend Traffic School.

6.340. Rule on Admission That Traffic Infraction Was Committed; Affidavit of Defense.

6.350. Computation of Time.

6.360. Enlargement of Time.

6.370. Additional Time After Service By Mail.

6.380. Papers to be Signed by Attorney.

6.390. Papers to be Signed by Unrepresented Alleged Offender.

6.400. Clerk to Prepare and Send Reports.

6.410. Disqualification and Substitution of Official.

6.420. Substitution of Official.

6.430. Joint Hearing of Alleged Offenders And Complaints.

6.440. Televising, Photographing, Radio Broadcasting of Hearing.

6.450. Order of Hearing.

6.460. Evidence.

6.470. Costs.

6.480. Deferred Payment of Penalty Imposed.

6.490. Correction and Reduction of Penalty.

6.500. Pronouncement and Entry of Penalty; Penalizing Official.

6.510. Determination That Infraction Was Not Committed; Bond Refunded.

6.520. Effect of Granting New Hearing.

6.530. Imposition of Penalty Before or After Motion Filed; Evidence at Hearing.

6.540. Time for and Method of Making Motions; Procedure.

6.550. Official May Grant New Hearing.

6.560. Conviction of Traffic Infraction.

6.570. Reporting Action Requiring Suspension of Driver License.

6.580. Completion of Driver School; Conditions.

6.590. Failure to Complete Driver’s School.

6.600. Failure to Appear or Pay Civil Penalty; Reinstatement of Driver License.

6.610. Failure to Fulfill Penalty Imposed After a Hearing; Reinstatement of Driver License.

6.620. Failure to Appear for Mandatory Hearing; Reinstatement of Driver License.

-Rule 6.010 Scope.

(a)These rules govern practice and procedure in any traffic case and specifically apply to practice and procedure in Municipal Courts, County Courts and any other courts having jurisdiction of traffic cases. The provisions of these rules apply in Circuit Courts to all cases concerning juvenile traffic offenders.

(b) The rules under Part III of these rules apply to all criminal traffic offenses not subject to the provisions of Chapter 318, Florida Statutes, whether prosecuted in the name of the state or any subdivision of it.

(c) The rules under Part IV of these rules apply only to traffic infractions governed by Chapter 318, Florida Statutes, whether adjudicated in a court of the state or any subdivision of it.

[492]*492(d) The Rules under Part V of these rules apply in all traffic cases and pertain to the Traffic Court Review Committee and its duties and responsibilities.

Rule 6.020 Purpose and Construction.

These rules shall be construed to secure simplicity and uniformity in procedure, fairness in administration and the elimination of unnecessary expense and delay.

Rule 6.030 Prosecution of Pending Cases.

All traffic cases not finally disposed of by January 1, 1975, shall be governed by the provisions of Chapter 318, Florida Statutes, and these rules.

Rule 6.040 Definitions.

The following terms hall have the meaning respectively ascribed to them:

“Court” means any court to which these rules apply and the judge, official, magistrate, mayor or other presiding officer.
“Judge” means any judicial officer authorized by law to preside over a court to which these rules apply and any mayor in the performance of the authorized duties as judge in the court.
“Law” includes the constitutions of the United States, State of Florida, statutes, ordinances, judicial decisions and these rules.
“Oath” includes affirmations.
“Clerk” means clerk of the initiating court or trial court.
“Open Court” shall mean in a courtroom as provided or judge’s or official’s chambers of suitable judicial decorum.

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Related

State v. Lasley
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Singletary v. State
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Ago
Florida Attorney General Reports, 1975

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306 So. 2d 489, 1974 Fla. LEXIS 4035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-transition-rule-20-fla-1974.