§ 7-25. Processing citations; payment of fines; court hearings.

(a)

Any person issued a county citation by an officer shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the citation.

(b)

Any person receiving a citation pursuant to this section shall respond to the citation by following either of the procedures set forth below within thirty (30) days after the date of issuance of the citation:

(1)

Payment of the penalty indicated on the citation may be remitted to the county pursuant to the directions on said citation; or,

(2)

A hearing may be requested by the person receiving the citation for the purpose of presenting evidence before a special master concerning the violation charged. Any person requesting a hearing who does not appear shall be subject to contempt proceedings or to such other penalties as the special master, in his discretion, deems appropriate, including but not limited to, the entry of a civil judgment in an amount not to exceed five hundred dollars ($500.00) plus applicable fees and costs which shall be recorded in the public records of Osceola County, Florida. Once paid, the county shall record a satisfaction of the judgment. The special master shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, the county shall so notify the parties of the date and time of the new hearing.

(c)

An election to request a hearing constitutes a waiver of the right to pay the civil penalty indicated on the citation and if after hearing all of the evidence presented, the special master makes a determination that a violation has been committed, the special master may impose a fine, in the form of a judgment, not to exceed five hundred dollars ($500.00) plus applicable fees and costs, for each violation. Said judgment may be recorded in the public records of Osceola County, Florida. Once paid, the county shall record a satisfaction of the judgment.

(d)

If the county receives a completed citation submitted by an officer pursuant to this article, and if there has been no response to the citation within the thirty-day period set forth above, the county shall cause a summons to be issued. In such an event, the county shall have the person to whom the citation was issued served with the summons requiring attendance at a hearing at a time and place specified in the summons or specify that payment of the civil penalty can be made prior to the hearing in lieu of attendance at the hearing. If after the summons has been issued, the violator chooses to pay the civil penalty rather than attend the hearing, an additional administrative fee shall be imposed due to the cost associated with the issuance of the summons. The administrative fee to be imposed shall be adopted, and from time to time amended, by resolution of the Osceola County Board of County Commissioners.

(Ord. No. 08-20, § 6, 12-22-08)

Editor's note

Ord. No. 08-20, § 6, adopted Dec. 22, 2008, repealed the former § 7-25, and enacted a new § 7-25 as set out herein. The former § 7-25 pertained to similar subject matter. See the Code Comparative Table for complete derivation.