Third District Court of Appeal
State of Florida
Opinion filed August 4, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-380
Lower Tribunal Nos. 20-AP-15-K & 20-TR-3597-A-K
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James Nelson o/b/o minor child, N.N.,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the County Court for Monroe County, Peary S. Fowler,
Judge.
James Nelson, in proper person.
Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant
Attorney General, for appellee.
ON MOTION TO DISMISS APPEAL
Before SCALES, HENDON and BOKOR, JJ.
PER CURIAM.
James Nelson, on behalf of his minor child, “N.N.,” appeals a county
court order denying his motion to vacate N.N.’s plea of no contest to a civil
traffic infraction.1 This appeal originated in the appellate division of the
Monroe County Circuit Court by virtue of Nelson’s December 1, 2020 filing
of a notice of appeal in the county court. Presumably believing that the
jurisdictional change occasioned by the enactment of new legislation2
required the transfer of this appeal to the district court, the Monroe County
Clerk of Courts transferred this appeal to this Court. The State now moves
to dismiss the instant appeal on the ground that appellate jurisdiction lies in
the circuit court. We agree that we lack subject matter jurisdiction over the
appeal, but, rather than dismiss the appeal, we treat the State’s motion to
1
The county court judge accepted the no contest plea and withheld
adjudication.
2
Effective January 1, 2021, this Court’s subject matter jurisdiction was
enlarged to include appeals from most orders of the county court. See Ch.
20-61, § 3, Laws of Fla. (amending section 26.012(1) of the Florida Statutes
and repealing section 924.08 of the Florida Statutes). Those appeals over
which the district court gained jurisdiction that were then-pending in the
circuit court were required to be transferred to the district courts. See State
ex rel. Arnold v. Revels,
109 So. 2d 1, 3 (Fla. 1959) (“[W]hen the jurisdiction
of a court depends upon a statute which is repealed or otherwise nullified,
the jurisdiction falls even over pending causes, unless the repealing statute
contains a saving clause.”); Fla. R. App. P. 9.040(b)(1) (“If a proceeding is
commenced in an inappropriate court, that court shall transfer the cause to
an appropriate court.”).
2
dismiss as a motion to transfer venue to the circuit court’s appellate division
and grant same.
“If a person is found to have committed an infraction by the hearing
official, he or she may appeal that finding to the circuit court.” § 318.16(1),
Fla. Stat. (2021) (emphasis added). Chapter 318 defines “official” as “any
judge authorized by law to preside over a court or hearing adjudicating traffic
infractions.” § 318.13(4), Fla. Stat. (2021) (emphasis added). Thus, section
318.16 vests the circuit court with appellate jurisdiction over a county court
judge’s determination with respect to a civil traffic infraction. See § 26.012(1)
Fla. Stat. (2021) (“Circuit courts shall have jurisdiction of . . . appeals as
otherwise expressly provided by law.”). 3 Jurisdiction to hear traffic infraction
appeals was not transferred to the district courts by virtue of the enactment
of section 3 of Chapter 20-61, Laws of Florida.
Appeal transferred. 4
3
“Hearing officers” are also “empowered to accept pleas from and decide
the guilt or innocence of any person, adult or juvenile, charged with any civil
traffic infraction and shall be empowered to adjudicate or withhold
adjudication of guilt in the same manner as a county court judge . . . .” §
318.32(1), Fla. Stat. (2021). The circuit court also has appellate jurisdiction
over civil traffic determinations made by hearing officers. See § 318.33, Fla.
Stat. (2021).
4
We express no opinion on the merits of the appeal.
3
