(a)(1) In any municipality that adopts an ordinance pursuant to Section 45-27-210.01, the municipal court is vested with the power and jurisdiction to hear and adjudicate civil violations and issue orders imposing civil fines and costs as provided in this part. (2) A municipality, by ordinance, may authorize the municipal court to hold adjudicative hearings concurrently with the court’s regular docket or to set a special docket for adjudicative hearings. (b) A person who receives a notice of violation may contest the imposition of the civil fine by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 25 days after the date the notice of violation was mailed. (c) Upon receipt of a timely request, the municipal court shall notify the person of the date, time, and location of the adjudicative hearing by U.S. mail. (d) Failure to either pay a civil fine or to contest liability in a timely manner is an admission of liability in the full amount of the civil fine assessed in the notice of violation. (e) The civil fine may not be assessed if, after an adjudicative hearing, the municipal judge enters a finding of no liability. (f) If an adjudicative hearing is requested, the municipality shall have the burden of proving the speeding violation by a preponderance of the evidence. The reliability of the system used to produce a recorded image of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician which alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this part and is evidence of the facts contained in the affidavit. (g)(1) In an adjudicative hearing held pursuant to this part, all of the following shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness: a. The notice of violation. b. The recorded or reproduced images of the alleged violation accompanied by a certification of authenticity by a trained technician, regardless of the media on which the images were recorded. c. Evidence of ownership of a vehicle as shown by copies or summaries of official records. (2) If the municipal court finds there is an indication of untrustworthiness with an item listed in this subsection, the municipality shall be given a reasonable opportunity to lay an evidentiary foundation. (h) All other matters of evidence and procedure not specifically addressed in this part shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to the Escambia County Circuit Court for trial de novo, the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this part. (i)(1) A person who is found liable for a civil violation after an adjudicative hearing or who requests an adjudicative hearing and fails to appear at the time and place of the hearing is liable for court costs and fees as set out in this part in addition to the amount of the civil fine assessed for the violation. (2) A person who is found liable for a civil violation after an adjudicative hearing shall pay the civil fine and court costs within 10 days after the adjudicative hearing, and the municipality shall remit twenty-five dollars ($25) from the court costs paid to the State General Fund. (j) Whenever payment of a civil fine is owed to a municipality, the amount of the civil fine as set by ordinance may not be increased, decreased, or remitted by the municipal court, and the liability may be satisfied only by payment. (k) Any of the following shall be an affirmative defense to the imposition of civil liability under this part, to be proven by a preponderance of the evidence: (1) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a law enforcement officer. (2) The motor vehicle was being operated as an authorized emergency vehicle under Sections 32-5-213 and 32-5A-75. (3) The motor vehicle was stolen or being operated by an individual other than the owner of the vehicle without the effective consent of the owner. (4) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued. (5) The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation. (l) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency. (m) Notwithstanding anything in this part to the contrary, a person who fails to pay the amount of a civil fine or to contest liability in a timely manner is entitled to an adjudicative hearing on the alleged violation if the person: (1) Files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after the notice was mailed as provided in Section 45-27-210.02; and (2) Within 15 days after the date of actual receipt, requests an adjudicative hearing.
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