REGINALD BYRON COLLEY vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 24, 2023
• Docket: 23-0140
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

REGINALD BYRON COLLEY,

Appellant,

v. Case No. 5D23-140 LT Case No. 16-2022-TR-028633-CIXX-MA

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed February 24, 2023

Appeal from the County Court for Duval County.

Reginald Byron Colley, Jacksonville, pro se.

Cherry Shaw Pollock, Assistant General Counsel, of the Office of General Counsel, City of Jacksonville, for Appellee.

PER CURIAM.

Reginald Byron Colley appeals a traffic hearing officer’s determination

that he exceeded the posted speed limit in violation of section 316.187(1), Florida Statutes (2022). The State correctly responds that Colley should have

appealed this determination to the circuit court pursuant to section 318.33,

Florida Statutes (2022), which provides that “[d]ecisions of the hearing officer

are appealable, under the rules of court, to the circuit court,” and Florida Rule

of Traffic Court 6.630(d), which provides that “[a]ppeals from decisions of a

traffic hearing officer shall be made to the circuit court pursuant to the relevant

provisions of the Florida Rules of Appellate Procedure in the same manner

as appeals from the county court.”

In light of these provisions, jurisdiction to hear traffic infraction appeals

was not transferred to the district courts by virtue of the enactment of section

3 of Chapter 20–161, Laws of Florida, which provides: “Circuit courts shall

have jurisdiction of appeals from final administrative orders of local

government code enforcement boards and of reviews and appeals as

otherwise expressly provided by law.” (Emphasis added). Therefore, this

appeal is transferred to the Fourth Judicial Circuit Court in and for Duval

County for disposition. See State v. Islam, 352 So. 3d 956, 957 (Fla. 2d DCA

2022); Nelson v. State, 325 So. 3d 1005 (Fla. 3d DCA 2021).

APPEAL TRANSFERRED.

JAY, BOATWRIGHT and MACIVER, JJ., concur.