The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.650

316.650 Traffic citations.—

(1)(a) The department shall prepare and supply to every traffic enforcement agency in this state an appropriate form traffic citation that contains a notice to appear, is issued in prenumbered books, meets the requirements of this chapter or any laws of this state regulating traffic, and is consistent with the state traffic court rules and the procedures established by the department. The form shall include a box that is to be checked by the law enforcement officer when the officer believes that the traffic violation or crash was due to aggressive careless driving as defined in s. 316.1923. The form shall also include a box that is to be checked by the law enforcement officer when the officer writes a uniform traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of the driver failing to stop at a traffic signal.

(b) The department shall prepare, and supply to every traffic enforcement agency in the state, an appropriate affidavit-of-compliance form that shall be issued along with the form traffic citation for any violation of s. 316.610 and that indicates the specific defect needing to be corrected. However, such affidavit of compliance may not be issued in the case of a violation of s. 316.610 by a commercial motor vehicle. Such affidavit-of-compliance form shall be distributed in the same manner and to the same parties as is the form traffic citation.

(c) Notwithstanding paragraphs (a) and (b), a traffic enforcement agency may produce uniform traffic citations by electronic means. Such citations must be consistent with the state traffic court rules and the procedures established by the department and must be appropriately numbered and inventoried. Affidavit-of-compliance forms may also be produced by electronic means.

(d) The department must distribute to every traffic enforcement agency and to any others who request it, a traffic infraction reference guide describing the class of the traffic infraction, the penalty for the infraction, the points to be assessed on a driver’s record, and any other information necessary to describe a violation and the penalties therefor.

(2) Courts, enforcement agencies, and the department are jointly responsible to account for all uniform traffic citations in accordance with rules and procedures promulgated by the department.

(3)(a) Except for a traffic citation issued pursuant to s. 316.1001, s. 316.0083, or s. 316.1896, each traffic enforcement officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any municipality or town, shall deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 5 business days after issuance to the violator.

(b) If a traffic citation is issued pursuant to s. 316.1001, a traffic enforcement officer may deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation system, may provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 45 days after the date of issuance of the citation to the violator. If the person cited for the violation of s. 316.1001 makes the election provided by s. 318.14(12) and pays the $25 fine, or such other amount as imposed by the governmental entity owning the applicable toll facility, plus the amount of the unpaid toll that is shown on the traffic citation directly to the governmental entity that issued the citation, or on whose behalf the citation was issued, in accordance with s. 318.14(12), the traffic citation will not be submitted to the court, the disposition will be reported to the department by the governmental entity that issued the citation, or on whose behalf the citation was issued, and no points will be assessed against the person’s driver license.

(c) If a traffic citation is issued under s. 316.0083 or s. 316.1896, the traffic infraction enforcement officer shall provide by electronic transmission a replica of the traffic citation data to the court having jurisdiction over the alleged offense or its traffic violations bureau within 5 business days after the date of issuance of the traffic citation to the violator. If a hearing is requested, the traffic infraction enforcement officer shall provide a replica of the traffic notice of violation data to the clerk for the local hearing officer having jurisdiction over the alleged offense within 14 days.

(4) The chief administrative officer of every traffic enforcement agency shall require the return to him or her of the officer-agency copy of every traffic citation issued by an officer under the chief administrative officer’s supervision to an alleged violator of any traffic law or ordinance and all copies of every traffic citation that has been spoiled or upon which any entry has been made and not issued to an alleged violator. In the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall require the return of all electronic traffic citation records.

(5) Upon the deposit of the original traffic citation or upon an electronic transmission of a replica of citation data of the traffic citation with respect to traffic enforcement agencies that have an automated citation issuance system with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original citation, the electronic citation containing a replica of citation data, or a copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.

(6) The chief administrative officer shall transmit, on a form approved by the department, within 5 days after submission of the original, groups of issued citations and transmittal data to the court. Batches of electronic citations containing a replica of citation data may be transmitted to the court in an electronic fashion, in a format prescribed by the department within 5 days after issuance to the violator.

(7) The chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation or electronic citation was deposited.

(8) It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required herein.

(9) Such citations shall not be admissible evidence in any trial, except when used as evidence of falsification, forgery, uttering, fraud, or perjury, or when used as physical evidence resulting from a forensic examination of the citation.

(10) If a uniform traffic citation has not been issued with respect to a criminal traffic offense, or with respect to an offense that requires mandatory revocation of the driver license or driving privilege pursuant to s. 322.26 upon conviction of such offense, and the prosecution is by affidavit, information, or indictment, the prosecutor shall direct the arresting officer to prepare a citation. In the absence of an arresting officer, the prosecutor shall prepare the citation. For the purpose of this subsection, the term “arresting officer” means the law enforcement officer who apprehended or took into custody the alleged offender.

(11)(a) As used in this subsection, the term “driver information” means a driver’s date of birth, driver license or identification card number, address excluding the five-digit zip code, telephone number, motor vehicle license plate number, and trailer tag number. The term does not include the driver’s name.

(b)1. Driver information contained in a uniform traffic citation held by an agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This paragraph applies to driver information held by an agency before, on, or after the effective date of the exemption.

2. An agency may release driver information in accordance with any of the permissible uses listed in 18 U.S.C. s. 2721(b) in the same manner applicable to the release of personal information contained in a motor vehicle record pursuant to s. 119.0712(2)(b) and pursuant to the resale and redisclosure requirements in 18 U.S.C. s. 2721(c).

3. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

(c) Driver information contained in a uniform traffic citation, including the accused person’s name and address, shall not be used for commercial solicitation purposes. However, the use of such driver information contained in a uniform traffic citation shall not be considered a commercial purpose when used for publication in a newspaper or other news periodical, when used for broadcast by radio or television, or when used to inform a person of the availability of driver safety training.

History.—s. 1, ch. 71-135; s. 1, ch. 71-321; s. 1, ch. 76-31; s. 4, ch. 80-316; s. 193, ch. 81-259; s. 6, ch. 84-359; s. 2, ch. 86-260; s. 2, ch. 91-180; s. 27, ch. 91-221; s. 31, ch. 94-306; s. 905, ch. 95-148; s. 39, ch. 96-350; s. 8, ch. 96-413; s. 6, ch. 2001-147; s. 19, ch. 2003-286; s. 42, ch. 2005-164; s. 2, ch. 2005-194; s. 19, ch. 2007-196; s. 12, ch. 2008-176; s. 28, ch. 2009-21; s. 10, ch. 2010-80; s. 6, ch. 2013-160; s. 70, ch. 2016-239; s. 2, ch. 2022-198; s. 11, ch. 2023-174.

Note.—Former s. 316.018.

F.S. 316.650 on Google Scholar

F.S. 316.650 on Casetext

Amendments to 316.650

Arrestable Offenses / Crimes under Fla. Stat. 316.650

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.650.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF TRAFFIC COURT., 252 So. 3d 704 (Fla. 2018)

. . . USE All citations for traffic infractions shall be by uniform traffic citation as provided in section 316.650 . . .

JIMENEZ, v. STATE, 246 So. 3d 219 (Fla. 2018)

. . . from the vendor's server via a totally automated process without human involvement violate section 316.650 . . .

CITY OF OLDSMAR Jo v. Vo TRINH,, 210 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . that the City of Hollywood’s red light camera program did not comply with sections 316.0083(l)(a) and 316.650 . . . from the vendor’s server via a totally automated process without human involvement violate section 316.650 . . . Section 316.650(3)(c) provides that if a UTC is issued, “the traffic infraction enforcement officer shall . . . Whether section 316.650(3)(c) permits a city to delegate this task to a private vendor is not an issue . . .

STATE CITY OF AVENTURA, v. JIMENEZ,, 211 So. 3d 158 (Fla. Dist. Ct. App. 2016)

. . . statutory requirement that only an officer “shall provide” an electronic copy to the Clerk, section 316.650 . . . vendor’s server via a totally automated process without human involvement violate Florida Statute § 316.650 . . . from the vendor’s server via a totally automated process without human involvement violate section 316.650 . . .

CITY OF HOLLYWOOD, a v. AREM,, 154 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . Does Florida Statute 316.650(3)(c) permit a traffic infraction enforcement officer to delegate to a nongovernmental . . . As allowed by law, the City’s program produces uniform traffic citations by electronic means. § 316.650 . . . Section 316.650(3)(c) also provides: If a traffic citation is issued under s. 316.0083, the traffic infraction . . . violations bureau within 5 days after the date of issuance of the traffic citation to the violator. § 316.650 . . .

JENKINS, v. STATE, 102 So. 3d 739 (Fla. Dist. Ct. App. 2012)

. . . alteration charges was for the officers to issue a traffic citation containing a notice to appear, see § 316.650 . . . offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650 . . . and the timely filing of the original and one copy of the traffic citation, as required by section 316.650 . . .

TUCKER, v. STATE, 987 So. 2d 717 (Fla. Dist. Ct. App. 2008)

. . . and the timely filing of the original and one copy of the traffic citation, as required by section 316.650 . . .

E. MADDOX, v. STATE, 923 So. 2d 442 (Fla. 2006)

. . . Accordingly, the district court held that section 316.650(9) of the Florida Statutes did not apply to . . . Additionally, when section 316.650 was originally enacted by the Legislature in 1971, the description . . . When section 316.650 is read in the context within the chapter in which it is found, its related statutory . . . If the Legislature had intended section 316.650(9) to include “any trial, civil or criminal,” then the . . . When the First District’s construction of section 316.650(9) is considered in light of the above, it . . . Section 316.650(9) is as clear, definite, and unambiguous as statutory language gets. . . . .” § 316.650(9), Fla. Stat. (2001) (emphases added). That, of course, includes forgery trials. . . . The statute requires citations to be issued in quintuplícate, § 316.650(l)(a), Fla. . . . Id. § 316.650(3)-(8). Second, they give the accused notice to appear. Id. § 316.650(l)(a). . . . See, e.g., § 316.650(l)(a), Fla. . . .

E. MADDOX, v. STATE, 862 So. 2d 783 (Fla. Dist. Ct. App. 2003)

. . . On appeal, Maddox argues that, pursuant to section 316.650(9), Florida Statutes (2001), the trial court . . . State, 812 So.2d 595, 595 (Fla. 1st DCA 2002) (“Because the language of section 316.650(9) unambiguously . . . Although section 316.650(9) does provide that traffic citations “shall not be admissible evidence in . . . standard and thus did not reflect the expressed opinion of this court as to the meaning of section 316.650 . . .

STATE v. A. VEILLEUX,, 859 So. 2d 1224 (Fla. Dist. Ct. App. 2003)

. . . He filed a motion in limine to exclude the forged traffic citations based on section 316.650(9), Florida . . . Section 316.650(9) provides that traffic citations “shall not be admissible evidence in any trial.” . . . The First District in Dixon specifically held that section 316.650(9) prohibits trial courts from admitting . . . The First District reversed, observing that section 316.650(9) contains no exceptions to its clear and . . . The First District concluded it is the legislature’s exclusive province to amend section 316.650(9) if . . . prevent the introduction of the allegedly forged signature into evidence on the ground that section 316.650 . . . Section 316.650(9) was first enacted in 1963 as part of a law creating a uniform traffic ticket. . . . In the context of the initial enactment, section 316.650(9) was enacted to make certain that uniform . . . Section 316.650(9), at least in this context, is purely a procedural rule of evidence. . . . Section 316.650(9) does not define a crime or establish any substantive law. . . .

STATE v. MARTINEZ,, 870 So. 2d 18 (Fla. Dist. Ct. App. 2003)

. . . traffic citation Martinez is accused of forging cannot be introduced into evidence pursuant to section 316.650 . . . Section 316.650, Florida Statutes (2002), is entitled “Traffic citations.” . . . Section 316.650(9) specifically provides that “[s]uch citations shall not be admissible evidence in any . . . Thus, “in view of the absolute mandatory-terms of section 316.650(9),” the court concluded that the trial . . . Neither section 316.650(9) nor the opinion in Dixon dictates such a result. . . .

FRIERSON, v. STATE, 851 So. 2d 293 (Fla. Dist. Ct. App. 2003)

. . . offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650 . . .

LOPER, v. STATE, 840 So. 2d 1139 (Fla. Dist. Ct. App. 2003)

. . . traffic citation with the court within five days after issuance to the violator, as required by section 316.650 . . .

L. DIXON, v. STATE, 812 So. 2d 595 (Fla. Dist. Ct. App. 2002)

. . . court erred in denying his motion in limine by which he sought to exclude, on the authority of section 316.650 . . . Because the language of section 316.650(9) unambiguously provides that traffic citations are not admissible . . . Nevertheless, section 316.650(9) provides that a traffic citation “shall not be admissible evidence in . . . Accordingly, in view of the absolute mandatory terms of section 316.650(9), we conclude that the trial . . . I respectfully dissent because I would not apply section 316.650(9), Florida Statutes (2000) to the forged . . . A plain reading of section 316.650(9) shows that the Legislature did not exclude defective traffic citations . . .

STATE v. ANDERSON,, 781 So. 2d 524 (Fla. Dist. Ct. App. 2001)

. . . Section 316.650, Florida Statutes requires the officer to file the citation within five days. . . . that it was not fatal to the prosecution that the citation was not timely filed as required by section 316.650 . . . If the defendant is not to be given the benefit of section 316.650, he must have speedy trial; otherwise . . .

H. BABKES, v. J. SATZ, M. UNGER, v. J. SATZ,, 944 F. Supp. 909 (S.D. Fla. 1996)

. . . capacity as State Attorney for Broward County, Florida, to enjoin the enforcement of Florida Statute § 316.650 . . . Fla.Stat. § 316.650(11) at 1996 Fla.Sess.Law Serv. Ch. 96-413 (C.S.H.B. 1329) (West). . . . Fla.Stat. § 316.650(11). These are the only two exceptions. . . . Florida’s present attempt to regulate targeted legal advertisements, Florida Statute § 316.650(11) as . . . The Defendant is hereby PERMANENTLY ENJOINED from enforcing Florida Statute § 316.650(11), as found at . . .

SACRED HEART HOSPITAL OF PENSACOLA, v. I. STONE,, 650 So. 2d 676 (Fla. Dist. Ct. App. 1995)

. . . on the fact that Blanchard had received a traffic citation as a result of the accident, and section 316.650 . . . fact that Blanchard had been issued a traffic citation, and therefore its admission violated section 316.650 . . . were based on the traffic citation, we consider the evaluation should have been excluded under section 316.650 . . .

In AMENDMENTS TO THE FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 608 So. 2d 451 (Fla. 1992)

. . . offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650 . . .

IVORY, v. STATE, 588 So. 2d 1007 (Fla. Dist. Ct. App. 1991)

. . . A copy of the ticket was filed with the clerk of the court within the time required by section 316.650 . . . constituted an unconstitutional delegation to the police of prosecutorial authority, noting that section 316.650 . . . and the timely filing of the original and one copy of the traffic citation, as required by section 316.650 . . .

STATE OF FLORIDA v. IVORY,, 48 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1991)

. . . State, 468 So.2d 265 (Fla. 2d DCA 1985); Layman v State, 455 So.2d 607 (Fla. 5th DCA 1984); Section 316.650 . . .

CITY OF MARGATE v. WOOTEN, 45 Fla. Supp. 2d 12 (Fla. Cir. Ct. 1990)

. . . Margate could only enforce a parking citation by utilizing the uniform citation required pursuant to F.S. 316.650 . . . 316.1945(3) provides as follows: The uniform traffic citation prepared by the department pursuant to s. 316.650 . . . 316.1945(3) provides as follows: The uniform traffic citation prepared by the department pursuant to §316.650 . . .

STATE OF FLORIDA v. OLIVA, 43 Fla. Supp. 2d 221 (Dade Cty. Ct. 1990)

. . . Florida Statute 316.650(1) states in its pertinent part: 316.650. . . . As stated above, F.S. 316.650 requires that all Uniform Traffic Citations contain a notice to appear. . . . traffic offenses are to be governed by the Florida Rules of Criminal Procedure, the requirement in F.S. 316.650 . . .

STATE v. B. HANCOCK,, 529 So. 2d 1200 (Fla. Dist. Ct. App. 1988)

. . . citation with the Orange County Court Clerk until seventeen days after it was issued, contrary to section 316.650 . . . The circuit court reversed, holding that the five day requirement in section 316.650(3) was jurisdictional . . .

ROGERS v. STATE OF FLORIDA, 28 Fla. Supp. 2d 137 (Fla. Cir. Ct. 1988)

. . . the charging document in his traffic infraction case because of a violation of Florida Statutes, § 316.650 . . .

STATE OF FLORIDA v. SCHILBERG, 25 Fla. Supp. 2d 56 (Dade Cty. Ct. 1987)

. . . ORDER DENYING DEFENDANT’S MOTION TO DISMISS BASED ON FLORIDA STATUTE, SECTION 316.650(3) The Defendant . . . days of the issuance of the citation to the alleged violator, as required by Florida Statutes, Section 316.650 . . . The Court finds that dismissal is not an appropriate remedy for a violation of Section 316.650, in the . . . See Attorney General Opinion 78-139 (addressing violations of Section 316.650(4). . . . The Court does not believe that was the intent of the legislature in enacting Section 316.650(3). . . .

STATE OF FLORIDA v. PLAUT, 22 Fla. Supp. 2d 21 (Volusia Cty. Ct. 1987)

. . . Section 316.650(3) Fla. . . . The title to House Bill No. 1547 with regard to s. 316.650 Fla. . . . Section 316.650(8) Fla. . . . There are no criminal sanctions for violating s. 316.650(8). . . . Thee is no specific provision in s. 316.650 Fla. . . .

STATE OF FLORIDA v. PERRINE, 21 Fla. Supp. 2d 64 (Lee Cty. Ct. 1987)

. . . S. 316.650(3)) direct the deposit of all traffic offense tickets with the appropriate court, after which . . .

RANKIN, v. G. COLMAN,, 476 So. 2d 234 (Fla. Dist. Ct. App. 1985)

. . . See, e.g., Sections 30.56, 316.650 and 322.-15(2), Florida Statutes (1983) (prohibiting prosecution for . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 458 So. 2d 1112 (Fla. 1984)

. . . offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650 . . .

CARTER, v. RUKAB, 437 So. 2d 761 (Fla. Dist. Ct. App. 1983)

. . . With respect to the traffic citation, such would ordinarily not be admissible, Section 316.650(9), Florida . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 410 So. 2d 1337 (Fla. 1982)

. . . offenses by law enforcement officers shall be by uniform traffic citation as provided for in section 316.650 . . . Use All citations for traffic infractions shall be by uniform traffic citation as provided in section 316.650 . . .

BARTEE, v. STATE, 401 So. 2d 890 (Fla. Dist. Ct. App. 1981)

. . . to appear under Florida Rule of Criminal Procedure 3.125 or a uniform traffic citation under section 316.650 . . .

In TRAFFIC COURT RULES, 366 So. 2d 400 (Fla. 1978)

. . . All citations for traffic infractions shall be by uniform traffic complaint as provided in section 316.650 . . .