State of Florida v. Vincent Jones, Richard Harris and Steven Coleman
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JANUARY TERM 2005
STATE OF FLORIDA,
Petitioner,
County Circuit Court from proceeding with
juvenile delinquency actions in three separate
cases. The three cases were consolidated for
purposes of this appeal.
v.
VINCENT JONES, RICHARD HARRIS and
STEVEN COLEMAN,
Respondents.
CASE NOS. 4D04-4077, 4D04-4079
& 4D04-4081
Opinion filed April 27, 2005
Consolidated petitions for writ of prohibition
to the Circuit Court for the Seventeenth Judicial
Circuit, Broward County; Joel T. Lazarus,
Judge; L.T. Case Nos. 03-38745 TC10A, 0340342 TC10A, 04-1459 TC10A , & 04-19217
TC10A.
Charles J. Crist, Jr. Attorney General,
Tallahassee, and Melynda L. Melear, Assistant
Attorney General, West Palm Beach, for
petitioner.
Howard Finkelstein, Public Defender, and
Diane M. Cuddihy, Assistant Public Defender,
Fort Lauderdale, for respondent Steven
Coleman.
ON MOTION FOR REHEARING
PER CURIAM.
We withdraw our slip opinion dated March 9,
2005, to consider the brief and motion for
rehearing filed on behalf of respondent
Coleman. On the merits, we deny rehearing, and
issue this corrected opinion to reflect the
appearance of counsel for this respondent:
The State of Florida petitioned for writs of
prohibition seeking to prevent the Broward
The three defendants, minors at the time of
their offenses, were each charged with driving
without a valid license, a violation of section
322.03(1), Florida Statutes (2003). The cases
were filed in the traffic division of the county
court. The county court, however, granted
defense motions to dismiss and transferred the
cases to the juvenile division of the circuit court
to proceed as delinquency actions. The state
argues that the circuit court lacks jurisdiction
over misdemeanor juvenile traffic offenses. We
agree.
A court which has jurisdiction over traffic
violations shall have original jurisdiction in
the case of any minor who is alleged to have
committed a violatio n of law or of a county
or municipal ordinance pertaining to the
operation of a motor vehicle; however, any
traffic offense that is punishable by law as a
felony shall be under the jurisdiction of the
circuit court.
§ 316.635(1), Fla. Stat. (2003) (emphasis
added).
The county court has jurisdiction over traffic
violations. See Nettleton v. Doughtie, 373 So.
2d 667 (Fla. 1979) (explaining that
decriminalization of traffic infractions did not
remove county court jurisdiction over traffic
violations); § 34.01(1)(a), Fla. Stat. (2003)
(providing that county courts have jurisdiction
over all misdemeanors not cognizable in circuit
court).
Section 26.012, Florida Statutes (2003),
describes the jurisdiction of the circuit courts
and provides that circuit courts have jurisdiction
“[i]n all cases in equity including all cases
relating to juveniles except traffic offenses as
provided in chapters 316 and 985” (emphasis
added).
The juveniles in these cases are charged with a
violation under chapter 322, driving without a
valid license, which relates to the operation of a
motor vehicle and is a misdemeanor, not a
felony. § 322.39, Fla. Stat. (2003). Under
section 316.635(1), the county court has original
jurisdiction over the offenses allegedly
committed by the three defendants. See also
State v. C.B.K., 362 So. 2d 354 (Fla. 1st DCA
1978) (holding that a violation of 322.03(1), the
statute the defendants in this case are accused of
violating, was not an act of delinquency but was
a traffic offense triable in the county court traffic
division).
We grant the Petition for Writ of Prohibition
and quash the orders that transferred the cases
against the minors to circuit court.
WARNER, POLEN and HAZOURI, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY
TIMELY FILED MOTION FOR REHEARING.
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