Fla. Admin. Code Ann. R. 6C10-8.006 - Enforcement

(1) Violations. Failure to abide by any provision of these rules shall be deemed a university traffic infraction. University traffic infractions are enforced through use of written warnings, citations and fines, towing and impoundment, immobilization and any other means authorized by this rule.

(2) Citations. All University Police Department employees (sworn officer, PSA's, PEA's or Safety Officers) have the authority to issue written university citations to persons who violate county or university decal/permit and parking rules. State of Florida Uniform Traffic Citations are issued for moving violations, which are returnable to Lee County Court for appearance and payment of fines. State of Florida Uniform Traffic Citations may carry higher fines or penalties and cannot be appealed through the University's administrative processes.

(a) Schedule of Fines. The schedule below establishes fines for university traffic infractions:

If Paid within Five (5) Days
Decal/Permit Violations (Except Decal/Permit Fraud)			$15.00
Decal/Permit Fraud			$15.00
Parking Violations (Except Handicapped)			$100.00
Handicapped Parking Violations			$15.00
University Traffic Violations			$200.00
	(b) If Payment Received after Five (5) Days		$25.00
Decal/Permit Fraud			$125.00
Parking Violations (Except Handicapped)			$25.00
Handicapped Parking Violations			$225.00
University Traffic Violations			$25.00
Late Fee:			25% of amount due.

(c) Vehicles, which remain parked in time restricted parking spaces such as Loading Zones beyond the time allowed, are subject to additional citation. Any vehicle, which remains in violation of any other provision of these rules twenty-four (24) hours beyond the time of the original citation, is subject to additional citation.

(d) Administrative Action. In addition to the accrual of a fine and late fee, the University is authorized to take administrative action if a university traffic citation is not paid or appealed within the time provided in these rules. Such administrative action includes withholding of grades, degrees and/or transcripts; revocation of parking privileges; turning the citation over for collection, and/or towing and impoundment or immobilization of the person's vehicle.

(e) Permit Revocation. A person who has been accused of decal/permit fraud or who falsifies or misrepresents information when applying for or exercising parking and traffic privileges is subject to revocation of parking privileges, if such charges were sustained.

(3) Responsibility for Citations. The person(s) in whose name a decal/permit is registered or in whose name a vehicle is registered with the Department of Highway Safety and Motor Vehicles, shall be held responsible for citations issued to a vehicle unless he or she furnishes the University Police Department with evidence that the vehicle was, at the time of the University Traffic Infraction, in the care, custody or control of another person.

(4) Procedures for Payment of Fines and Appeals.

(a) A person who has been issued a university traffic citation has five (5) university business days from the date of its issuance to settle the citation either by paying the designated fine or by filing an appeal. If payment is not made or an appeal instituted within the allotted time, a late charge shall be assessed. If the fine and fee are not paid within ten (10) days from the date the citation is issued, then the University will turn the matter over to the University's Cashier's Office for collection, in which case the person shall also be responsible for paying reasonable costs of collection.

1. Fines can be paid in person or by mail at the Cashier's Office during regular university business hours. All payments should include the payor's social security number and the citation number.

2. Appeals. Appeals of citations for university traffic infractions are instituted by filing a written appeal with the Director of University Police and Safety Department or a designee on Form UPD #1001 (4/97) which is incorporated by reference into this rule. Forms may be obtained at the University Police and Safety Department. Lack of parking spaces or the failure of others to observe these rules shall not be valid defenses to violation of the University's parking and traffic rules. The appeal shall include a current and accurate address where notices can be sent and received. The Director of University Police or designee shall make a determination whether to grant the appeal within 10 days of receipt of the appeal. If the appeal is denied by the Director of University Police or designee, then the appeal shall be forwarded, as completed, to the University Traffic Appeals Board for hearing and resolution at its next scheduled meeting.

3. The University Traffic Appeals Board consists of five members who are appointed by the University President for two year staggered terms. The membership of the Board shall include one representative from the following: student government, faculty, Administrative and Professional, USPS and one additional member appointed at large by the President. The student, faculty, Administrative and Professional and USPS representatives will be nominated by their respective governance structures. The Director of the University Police and Safety Department shall be an ex officio member of the Traffic Appeals Board. The University Traffic Appeals Board shall have the authority to hear and resolve appeals of university traffic infractions including cases of permit revocation.

a. Upon receipt of an appeal, the Board shall set a time and date for hearing and provide the appellant with at least five (5) University business days advance written notice. Failure of the appellant to appear at the hearing shall result in dismissal of the appeal.

b. At the hearing, the Traffic Appeals Board shall consider any facts or evidence, which are relevant to its determination of the appeal. The board may request additional information prior to rendering its decision and may hear the testimony of the appellant, witnesses or the citing officer. The board may modify the penalties provided in Rule 6C10-8.006, F.A.C. Such modification may include a reduction in penalty or a warning to the appellant. The board shall render a decision within thirty (30) days of the close of the hearing and notify the appellant in writing.

c. The decision to grant or deny an appeal shall be in writing and contain findings supporting the board's determination. The decision of the Traffic Appeals Board is final without further right of review. When an appeal is denied, the fine assessed for the violation shall be paid within five (5) calendar days of notification to the appellant or a late fee of 25 percent will be assessed. The appellant will also be subject to any other administrative action authorized by these rules to collect all outstanding fines and fees.

(5) Towing and Impoundment; Immobilization.

(a) Towing and Impoundment. The University is authorized to tow and impound any vehicle, which is found to be parked in violation of this rule chapter. The towing and impoundment of a vehicle shall be used as a last resort under the following conditions: the vehicle is abandoned per subparagraph 6C10-8.005(4)(b) 7., F.A.C.; the vehicle is parked in a handicapped space for which it is not permitted; hazardous parking; the parking decal/permit is fraudulent; or the registrant is deemed a chronic violator in that they have obtained three or more citations during a school term which have remained unpaid or unsatisfied during that term.

(b) Immobilization. As an alternative to towing and impoundment, the University may immobilize a vehicle by attaching a wheel lock device when there are two (2) or more university traffic citations outstanding against the vehicle and timely action has not been taken to pay or appeal the citations. A vehicle may also be immobilized when it is found to display a lost, stolen, forged or altered University parking decal or permit. At the time of attachment, a notice shall be affixed to the vehicle which states the sum of outstanding fines and fees that must be satisfied before the wheel lock will be removed and the location where the moneys can be paid. A $20.00 immobilization fee shall be charged in addition to all other fines and fees which are due and owing.

(c) Release of Vehicle. All outstanding fines and fees against the vehicle must be satisfied before a vehicle will be released from impoundment or immobilization. A person whose vehicle has been towed and impounded or immobilized may challenge the validity of the action by filing a written appeal to the University Traffic Appeals Board within 10 days of the date the vehicle was released, using UPD Form #1002 (4/97). The Director of University Police and Safety or designee shall review and determine whether an immediate release of the vehicle is warranted. If the subsequent appeal to the University Traffic Appeals Board is granted, the University shall refund the amount charged for towing and impoundment of the vehicle.

Notes

Fla. Admin. Code Ann. R. 6C10-8.006

Rulemaking Authority 240.227(1) FS. Law Implemented 240.268 FS.

New 7-10-97, Amended 10-4-00.

New 7-10-97, Amended 10-4-00.