Brevard Clerk of Court
Hearing Request for
Traffic, Parking, Animal Control, Boating, or Hunting/Fishing Violations
You are hereby advised that:
- If you received a traffic citation, a hearing must be requested within 180 days of the violation date.
Pursuant to Section 318.15(1)(c), Florida Statutes, if the 180th day after the date upon which the violation
occurred is a Saturday, Sunday, or legal holiday, the person who is charged must request a hearing within 177 days
after the date upon which the violation occurred; however, the court may grant a request for a hearing made more than
180 days after the date upon which the violation occurred.
Pursuant to Brevard County Administrative Order 18-55-B, if requested by the Defendant, the Clerk shall have authority to set a civil hearing within thirty-one days of the issuance of the citation.
Any request submitted after 31 days from the violation date will require a late fee and may cause driver license suspension.
- If you received an animal control citation, a hearing must be requested within 30 days of the served date.
- If you received a parking citation, a hearing must be requested within 10 days of the served date.
- If you received a Boating or a Hunting and Fishing citation, a hearing must be requested within 30 days of the served date.
You may request a hearing before a judge or hearing officer. A Traffic Hearing Officer is a court appointed attorney who has authority to hear traffic hearings. If you would like a hearing in front of a judge, you must submit your request to the clerk via email or a written request. If your election is not received by the Clerk's Office within your compliance period, you must remit a late fee and, if applicable, pay a reinstatement fee.
Pursuant to Florida Statute, any person electing to appear before the designated official shall be deemed to have waived his or her right to pay the civil penalty.
Pursuant to Florida Rules of Court 6.460(b), if you want to have your hearing recorded, you must provide the equipment and the tape. After court, you must give the tape to the Court Clerk. The tape will be kept no less than 3 years and then destroyed.
Upon a finding of guilt, the official may:
- Impose a civil penalty not to exceed $500.00.
- Require attendance at a department-approved driver improvement school.
- Impose a penalty and attendance at a driver improvement school.
In order to cancel your requested hearing, you must:
- Pay the original civil penalty at the time of the requested cancellation; or
- Elect to attend the defensive driving course and pay the applicable penalty prior to appearing at a hearing before an official.
- The payment plan is not an option upon cancellation of the hearing.
In order to change the date of your requested hearing, you may have your request in the Clerk's Office at least 5 business days prior to your scheduled hearing.
Any request occurring within 5 business days of the scheduled hearing must be directed to the assigned judge's assistant for consideration. Please note: The Clerk's Office
has the authorization to grant one (1) continuance.
Pursuant to Florida Statute 318.15, if you fail to appear at your hearing, your driver's license may be suspended and additional penalties may be assessed.
If your hearing is scheduled before a Traffic Hearing Officer, video equipment is not available.