St. Cloud magistrate denies appeal of owner hit with school-zone speeding citation

A special magistrate in the City of St. Cloud denied an appeal by Victor George Hernandez and ordered payment of a $100 fine plus $89.49 in administrative costs — $189.49 total — related to a May 29, 2025 speeding citation issued in a posted school safety zone.

The hearing officer said evidence showed a 2019 white Kia registered to Hernandez was captured on camera and radar traveling 38 mph in a posted 25 mph school safety zone near Michigan Avenue Elementary at about 12:43 p.m. on May 29, 2025. Sergeant Kelly, Saint Paul Police Department, traffic division, testified that camera stills, video, and radar calibration records were reviewed and that an officer who later retired first forwarded the matter to St. Cloud for processing.

Sergeant Kelly, Saint Paul Police Department, traffic division, described the evidence: "Based on the testimony and evidence presented in this case, it's a term that the petitioner or the authorized individual was the operator of a 2019 Kia ... They were driving 38 miles an hour in a posted 25 mile an hour, school safety zone." The transcript and supporting camera images and radar certification were entered into the record.

Hernandez identified himself as the registered owner and said he was not the driver at the time: "I was not the—I'm the registered owner, but I wasn't the driver. And the driver was actually a mobile mechanic... I didn't know anything about it until a couple weeks, and I tried to call him." The owner said he did not receive or did not notice the affidavit form that would allow the city to seek a new citation against the actual driver. The magistrate said the city's packet and the original notice provide a second page describing the affidavit option and that, if an affidavit is submitted, the owner’s citation can be dismissed and a citation issued to the identified driver.

After hearing testimony and reviewing the documented evidence, the magistrate said: "I do find that there is a violation here, and based on that finding, I am going to uphold the citation, order the citation, plus cost of $89.49 for a total of $189.49 be paid within 30 days." The magistrate noted the written order starts the appeal period to circuit court.

The City cited City of St. Cloud City Ordinance 20-24-48 in the violation packet. The Florida Department of Transportation sign standard was discussed during the hearing when distances between advance signage and the school safety zone were described; FDOT guidance for similar speed zones was cited as a reference for sign placement but was not the basis for the magistrate's decision in this case.

Hernandez was advised the written order will be mailed and that his appeal period to the circuit court begins with issuance of that order.