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 Osceola County
 Code of Ordinances
 Chapter 11. INTERSECTION SAFETY

  § 11-3. Implementation of general law and designation of local hearing officer.  

Latest version.

  • (a)

    In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the effective date of this ordinance, the county authorizes the implementation of the provisions and requirements of F.S. § 316.0083, and F.S. § 316.003; resulting in the county utilizing a local hearing officer to conduct hearings as required enforcing the provisions of the Mark Wandall Traffic Safety Act.

    (b)

    Local hearing.

    (1)

    All testimony at the hearing shall be under oath and shall be recorded. The local hearing officer shall take testimony from a traffic enforcement officer and the petitioner, and may take testimony from others. The local hearing officer shall review the photographic or electronic images of the streaming video made available. The vehicle owner may present evidence and testimony and cross-examine witnesses. The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Upon determination of the local hearing officer, irrelevant, immaterial and unduly repetitious evidence may be excluded, but all evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible. Any part of the evidence may be received in written form. The local hearing officer may inquire of, or question any witness(es) present at the hearing. The vehicle owner or his/her attorney and the traffic control violation review officer/traffic enforcement officer or his/her attorney shall be permitted to inquire of any witness(es) present at the hearing. The local hearing officer may consider testimony presented by the vehicle owner, the traffic control violation review officer/traffic enforcement officer or any other witness(es).

    (2)

    At the conclusion of the hearing, the local hearing officer shall determine whether a violation under this section has occurred, in which case the hearing officer shall uphold or dismiss the violation. The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay the penalty previously assessed, and may also require the petitioner to pay county costs, not to exceed two hundred fifty dollars ($250.00). The final administrative order shall be mailed to the petitioner by first-class mail.

    (3)

    An aggrieved party may appeal a final administrative order consistent with the process provided under F.S. § 162.11

(Ord. No. 2014-24, § 3, 1-6-14)