Fla. Stat. § 318.11
Short title
This chapter may be known and cited as the “Florida Uniform Disposition of Traffic Infractions Act.”
Florida Statutes Chapter 318 — DISPOSITION OF TRAFFIC INFRACTIONS
Florida · statute · Fla. Stat. ch. 318 · 25 active provisions
Fla. Stat. § 318.12
Purpose
It is the legislative intent in the adoption of this chapter to decriminalize certain violations of chapter 316, the Florida Uniform Traffic Control Law; chapter 320, Motor Vehicle Licenses; chapter 322, Driver Licenses; chapter 338, Limited Access and Toll Facilities; and chapter 1006, Support of Learning, thereby fac…
Fla. Stat. § 318.121
Preemption of additional fees, fines, surcharges, and costs
Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under s. 318.18(12), (14), (19), (20), and (23) may not be added to the civil traffic penalties assessed under this chapter.
Fla. Stat. § 318.1215
Dori Slosberg Driver Education Safety Act
Notwithstanding the provisions of s. 318.121, a board of county commissioners may require, by ordinance, that the clerk of the court collect an additional $5 with each civil traffic penalty, which shall be used to fund driver education programs in public and nonpublic schools. The ordinance shall provide for the board…
Fla. Stat. § 318.13
Definitions
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:(1) “Department” means Department of Highway Safety and Motor Vehicles, defined in s. 20.24, or the appropriate division thereof.(2) “Suspension”…
Fla. Stat. § 318.14
Noncriminal traffic infractions; exception; procedures
(1) Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction and must be cited for such an infraction and cited…
Fla. Stat. § 318.143
Sanctions for infractions by minors
(1) If the court finds that a minor has committed a violation of any of the provisions of chapter 316, the court may also impose one or more of the following sanctions:(a) The court may reprimand or counsel the minor and his or her parents or guardian.(b) The court may require the minor to attend, for a reasonable peri…
Fla. Stat. § 318.1435
Youthful driver monitoring services
(1) As used in this section, the term “youthful driver monitoring service” means an entity that enables parents or guardians to monitor the driving performance of their minor children. The service may provide monitoring by posting on a vehicle a placard that shows a toll-free telephone number and a unique identifying n…
Fla. Stat. § 318.1451
Driver improvement schools
(1) The department shall approve and regulate the courses of all driver improvement schools, as the courses relate to ss. 318.14(9), 322.0261, and 322.291, including courses that use technology as a delivery method.(2)(a) In determining whether to approve the courses referenced in this section, the department shall con…
Fla. Stat. § 318.15
Failure to comply with civil penalty or to appear; penalty
(1)(a) If a person fails to comply with the civil penalties provided in s. 318.18 within the time period specified in s. 318.14(4), fails to enter into or comply with the terms of a penalty payment plan with the clerk of the court in accordance with ss. 318.14 and 28.246, fails to attend driver improvement school, or f…
Fla. Stat. § 318.16
Appeals; stay orders; procedures
(1) 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. An appeal under this subsection shall not operate to stay the reporting requirements of s. 318.14(7) or to stay appropriate action by the department upon receipt of that report.(2) T…
Fla. Stat. § 318.17
Offenses excepted
No provision of this chapter is available to a person who is charged with any of the following offenses:(1) Fleeing or attempting to elude a police officer, in violation of s. 316.1935;(2) Leaving the scene of a crash, in violation of ss. 316.027 and 316.061;(3) Driving, or being in actual physical control of, any vehi…
Fla. Stat. § 318.18
Amount of penalties
The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows:(1) Fifteen dollars for:(a) All infractions of pedestrian regulations.(b) All infractions of s. 316.2065, unless otherwise specified.(c) Other violations of chapter 316 by persons 14 years…
Fla. Stat. § 318.19
Infractions requiring a mandatory hearing
Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing:(1) Any infraction which results in a crash that causes the death of another;(2…
Fla. Stat. § 318.20
Notification; duties of department
The department shall prepare a notification form to be appended to, or incorporated as a part of, the Florida uniform traffic citation issued in accordance with s. 316.650. The notification form must contain language informing persons charged with infractions to which this chapter applies of the procedures available to…
Fla. Stat. § 318.21
Disposition of civil penalties by county courts
All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows:(1) One dollar from every civil penalty shall be remitted to the Department of Revenue for deposit into the Child Welfare Training Trust Fund for child welfare training purposes pur…
Fla. Stat. § 318.30
Legislative intent
It is the intent of the Legislature that civil traffic infraction hearing officers be appointed and used in those counties where the need arises for their services. Any Civil Traffic Infraction Hearing Officer Program established in a county under ss. 318.30-318.38 shall be subject to the supervision of the Supreme Cou…
Fla. Stat. § 318.31
Objectives
The Supreme Court is hereby requested to adopt rules and procedures for the establishment and operation of Civil Traffic Infraction Hearing Officer Programs under ss. 318.30-318.38.
Fla. Stat. § 318.32
Jurisdiction; limitations
(1) Hearing officers shall be 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 under the statutes, rules, and proc…
Fla. Stat. § 318.325
Jurisdiction and procedure for parking infractions
Any county or municipality may adopt an ordinance that allows the county or municipality to refer cases involving the violation of a county or municipal parking ordinance to a hearing officer. Notwithstanding the provisions of ss. 318.14 and 775.08(3), any parking violation shall be deemed to be an infraction as define…
Fla. Stat. § 318.33
Appeals
Decisions of the hearing officer are appealable, under the rules of court, to the circuit court. Appeals shall be based upon the record of the hearing before the hearing officer and shall not be hearings de novo. Appellants are responsible for producing the record of the hearing beyond that which normally results from…
Fla. Stat. § 318.34
Qualifications
Applicants for the position of hearing officer of the civil traffic court shall be members in good standing of The Florida Bar and shall have completed a 40-hour education and training program which has been approved by the Florida Supreme Court. Thereafter, hearing officers shall complete an approved 4-hour continuing…
Fla. Stat. § 318.35
Term of office
Hearing officers shall be independent contractors and may serve either full time or part time as determined by the chief judge. In either case, they shall serve at the pleasure of the chief judge of the county and circuit in which they are to hear cases and shall have no definite term of office.
Fla. Stat. § 318.36
Code of ethics
Hearing officers shall be subject to The Florida Bar Code of Professional Responsibility and not the Judicial Code of Ethics, except that they shall avoid practices or occupations that would constitute a conflict of interest or give the appearance of impropriety. Whether serving full time or part time, hearing officers…
Fla. Stat. § 318.38
Nonseverability
If the provisions of s. 318.32 authorizing hearing officers to impose the same sanctions as county court judges for civil traffic infractions are found to be unconstitutional by the Florida Supreme Court, then the hearing officers shall have no further jurisdiction over any civil traffic infractions.