NOTICE OF PROPOSED REGULATION AMENDMENT
Date: February 12, 2008
REGULATION TITLE: REGULATION NO.:
Traffic & Parking: Jurisdiction; Appeals 6C1-3.015
SUMMARY: The deadline for filing an appeal of a parking violation has been changed to thirty
calendar days from twenty business days. The composition of a University Hearing Authority
(which hear second appeals of citations) has been changed to a chairperson, one university
employee and one student from a chairperson, two university employees and two students. The
composition of the Suspension Appeals Authority is changed from three members selected from
university employees and employees of Shands Teaching Hospital and a chairperson to three
individuals (one chairperson, one university employee, and one student). A person whose
vehicle has been impounded shall have a right a Probable Cause Hearing before an impartial
hearing officer, but will no longer have the option of having the hearing before a committee.
AUTHORITY: BOG Resolution dated January 7, 2003.
COMMENTS CONCERNING THE PROPOSED REGULATION SHOULD BE
SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO THE
CONTACT PERSON IDENTIFIED BELOW. The comments must identify the regulation
you are commenting on.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED REGULATION
IS: Rebecca J. Holt, Administrative Assistant, 123 Tigert Hall, Post Office Box 113125,
University of Florida, Gainesville, Florida 32611, 352-392-1358 office, 352-392-4387 facsimile,
NAME OF PERSON WHO APPROVED THE PROPOSED REGULATION: Ed Poppell,
Vice President for Business Affairs
THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
UNIVERSITY OF FLORIDA
6C1-3.015 Finance and Administration; Traffic & Parking; Jurisdiction; Appeals.
(1) The Alachua County Court has jurisdiction over all criminal traffic violations and all
traffic infractions as defined in Florida Statutes, Chapter 316.
(2) The University Traffic Authority, which consists of the Student Traffic Court, the
Staff and Faculty Traffic Authority, the University Hearing Authorities, and the Suspension
Appeals Authority, as described in this regulationfte, has jurisdiction over all violations of the
University rules and regulations governing traffic, parking and vehicle registration on campus.
(3) No person who is delinquent in the payment of a penalty is permitted to register
his/her vehicle for operation on the campus. No student who is delinquent in the payment of a
penalty is permitted to register at thea-state Uuniversity, to receive a degree, or to obtain an
academic transcript during such delinquency.
(4) CITATION APPEALS PROCEDURE:
(a) Persons who wish to appeal the citation of a parking violation must file a Statement
of Appeal with Transportation and Parking Services within thirtytwenty (320) calendarbusiness
days from the date of the citation. Failure to file an appeal within the thirtvtwenty (320)
calendarbusiness days of the date of the citation will result in the-person's-forfeiture of the right
to appeal the citation. A Statement of Appeal shall include the appellant's name, mailing
address, University identification number (if applicable) and citation number and should include
all information concerning the circumstances of the cited offense as well as the basis claimed for
requesting dismissal of the charges.
(b) An Administrative Hearing Officer who is a member of the Student Traffic Court
(for students) or the Staff and Faculty Traffic Authority (for all faculty, staff or visitors) will
adjudicate the initial appeal of a parking citation.
(c) If the initial ruling by the Administrative Hearing Oefficer is unacceptable to the
appellant, a second appeal may be requested before a University Hearing Authority. The
Statement of Appeal to a University Hearing Authority must be filed with Transportation and
Parking Services within thirtvtwefnt (3Q-0) calendarbusiness days from the date of the decision
of the Administrative Hearing Officer. Failure to file the appeal within thirty (30) calendar days
in a tmely- manner will result in th epersen's-forfeiture of the right to appeal the citation to a
University Hearing Authority. Transportation and Parking Services will place the Statement of
Appeal on the agenda of the earliest possible scheduled meeting of a University Hearing
Authority and shall give the appellant written notice of the date, time and location of the hearing
at which the Authority will consider the case. During the course of the hearing by the Authority,
the appellant shall have an opportunity to present evidence in support of the information
contained in the Statement of Appeal. In-e der-Prior to requesting a hearing, the appellant will
be required to pay thehi -eorher parking citation. This payment will be refunded to the individual
if the University Hearing Authority rules in the appellant's favor.
(d) Requests for continuances of the scheduled hearing date are discouraged, but will be
granted only once upon written notification to the Administrative Hearing Officer or chair of the
assigned University Hearing Authority of extenuating circumstances justifying a continuance at
least 24 hours prior to the scheduled hearing time. Persons failing to obtain a continuance and
who do not appear for their scheduled hearing will forfeit their right to a hearing and shall have
their appeal adjudicated upon the record before the Authority.
(5) STUDENT TRAFFIC COURT, through its duly appointed Administrative Hearing
Officer, shall have jurisdiction over the initial appeal of citations issued to students. The Student
Traffic Court, a division of Student Government, will consist of a Chief Justice and twelve other
student Administrative Hearing Officers appointed by the Student Body President with the
consultation of the Vice President of Student Affairs.
In those cases in which a student files an appeal, a Student Traffic Court Administrative
Hearing Officer determines whether such student is guilty or innocent of the charge. The
Administrative Hearing Officer may-will reduce the monetary or restrictive penalty if he or she
finds that the violation does not represent a repeated pattern of behavior by the violator, full
imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden,
or reduction would be in the best interest of the University.
(6) THE STAFF AND FACULTY TRAFFIC AUTHORITY shall have jurisdiction
over the initial appeal of citations issued to all employees and visitors. The Staff and Faculty
Traffic Authority will consist of employee (as defined in RegulationR-tle 6C1-3.006)
Administrative Hearing Officers appointed by the President of the University or the President's
In those cases in which an employee or visitor files an appeal, an Administrative Hearing
Officer from the Staff and Faculty Traffic Authority determines whether such person is guilty or
innocent of the charge. The Administrative Hearing Officer mavywi4 reduce the monetary or
restrictive penalty if he or she finds that the violation does not represent a repeated pattern of
behavior by the violator, full imposition of the monetary or restrictive penalty would result in
unnecessary hardship or burden, or reduction would be in the best interest of the University.
(7) UNIVERSITY HEARING AUTHORITIES shall have jurisdiction over the second
appeal of all citations issues to all faculty, staff, students and visitors. Each University Hearing
Authority shall consist of three (3) individuals including a chairperson, onetwe university
employees and onetwe students, all of whom are Administrative Hearing Officers. One-halfef
the chairpersons shall be student Adminstrative Hearing Officers, and enC half shall b
employee A administrative Hearing Offcers. Members of each University Hearing Authority will
be selected by the Vice President of Business AffairsFinancc and Administraticn or the Vice
In those cases in which a person files an appeal of the decision of an Administrative
Hearing Officer, the person may choose to be present at the meeting of the University Hearing
Authority to which the appeal is assigned and shall have the opportunity to present evidence in
support of the information contained in the Statement of Appeal. The University Hearing
Authority determines whether the individual is guilty or innocent of the charge. The University
Hearing Authority mavwi4 reduce the monetary or restrictive penalty if it finds that the violation
does not represent a repeated pattern of behavior by the violator, full imposition of the monetary
or restrictive penalty would result in unnecessary hardship or burden, or reduction would be in
the best interest of the University. A simple majority of the University Hearing Authority will
constitute a quorum, and decisions of a majority of such quorum shall be final.
(8) THE SUSPENSION APPEALS AUTHORITY shall have jurisdiction over all staff,
faculty and students whose driving and parking privileges have been suspended pursuant to
RegulationR*4e 6C1-3.014(4). The Authority shall be appointed by the President or the
President's designee-ef4the -Uiversity. It shall consist of three (3) individuals including a
chairDerson. one employee and one students, all of whom are Administrative Hearing Officers.
and three (3) members selected from staff, faculty and Technical, Executive, Administrfative, and
Hospital and Clinics, Inc. One member of the Authority will be appointed chairperson by the
President. Three members of the Authority will constitute a quorum and decisions of a majority
of such quorum shall be final.
(9) IMPOUNDMENT APPEAL PROCEDURE
(a) A pPersons whose vehicle has been impounded shall have the right to a Pprobable
Cause Hhearing before an impartial hearing officer ore ommittee-appointed by the President or
the President's designee provided a timely-request is made within fifteen (15) calendar days from
the date of impoundmenttherefer. The purpose of the hearing is to determine if there is probable
cause for continued detention of the vehicle. No hearing will be held unless requested in writing
by the owner of the vehicle or his/her agent at the University Police Department or
Transportation and Parking Services. The hearing shall be held within seventy-two (72) hours
from receipt of said written request. In lieu of the Pprobable Ceause Hhearing, or pending such
hearing, or if probable cause is found at such hearing, the owner of the vehicle or his/her agent
may obtain release of the vehicle by paying the impound charges and delinquent fines.
(b) If the hearing officer er committee finds probable cause to impound the vehicle, the
individual is then given the prerogative of appealing the citation to a University Hearing
(c) If no probable cause is found to impound the vehicle, it shall be released without
requiring the owner to pay impound charges. If the vehicle was previously released upon
payment, as provided in paragraph (9)(a) above, such payment shall be refunded.
(d) Failure to request a Pprobable Ceause Hhearing within fifteen (15) calendar days
from the date the- etice-of impoundment is-reeeived-constitutes a waiver of said hearing and the
vehicle shall be released only upon payment of the impound charges and delinquent fines.
Specific Authority: BOG Resolution dated January 7, 2003 1001.71[ ), 1006.66(2) FS.
Law Implemented 1001.71(35), 1006.66 FS.
History--New 9-29-75, Amended 8-19-79, 8-12-82, 3-6-85, Formerly 6C1-3.15, Amended
2-9-87, 5-14-87, 4-27-88, 4-23-89, 5-7-92, 5-19-93, 7-11-94, 4-30-95, 6-28-98, 6-7-00, 1-11-05,