The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS

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F.S. 318.15

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 fails to appear at a scheduled hearing, the clerk of the court must notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such failure. Upon receipt of such notice, the department must immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). The order also must inform the person that he or she may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for court-related fines, fees, service charges, and court costs. Any such suspension of the driving privilege which has not been reinstated, including a similar suspension imposed outside of this state, must remain on the records of the department for a period of 7 years from the date imposed and must be removed from the records after the expiration of 7 years from the date it is imposed. The department may not accept the resubmission of such suspension.

(b) However, a person who elects to attend driver improvement school and has paid the civil penalty as provided in s. 318.14(9) but who subsequently fails to attend the driver improvement school within the time specified by the court is deemed to have admitted the infraction and shall be adjudicated guilty. If the person received an 18-percent reduction pursuant to s. 318.14(9), the person must pay the clerk of the court that amount and a processing fee of up to $18, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund, after which additional penalties, court costs, or surcharges may not be imposed for the violation. In all other such cases, the person must pay the clerk a processing fee of up to $18, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund, after which additional penalties, court costs, or surcharges may not be imposed for the violation. The clerk of the court shall notify the department of the person’s failure to attend driver improvement school and points shall be assessed pursuant to s. 322.27.

(c) A person who is charged with a traffic infraction may request a hearing within 180 days after the date upon which the violation occurred, regardless of any action taken by the court or the department to suspend the person’s driving privilege, and, upon request, the clerk must set the case for hearing. The person shall be given a form for requesting that his or her driving privilege be reinstated. 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. This paragraph does not affect the assessment of late fees as otherwise provided in this chapter.

(2) After the suspension of a person’s driver license and privilege to drive under subsection (1), the license and privilege may not be reinstated until the person complies with the terms of a periodic payment plan or a revised payment plan with the clerk of the court pursuant to ss. 318.14 and 28.246 or with all obligations and penalties imposed under s. 318.18 and presents to a driver license office a certificate of compliance issued by the court, together with a nonrefundable service charge of $60 imposed under s. 322.29, or presents a certificate of compliance and pays the service charge to the clerk of the court or a driver licensing agent authorized under s. 322.135 clearing such suspension. Of the charge collected, $22.50 shall be remitted to the Department of Revenue to be deposited into the Highway Safety Operating Trust Fund. Such person must also be in compliance with requirements of chapter 322 before reinstatement.

(3) The clerk shall notify the department of persons who were mailed a notice of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter into, or comply with the terms of, a penalty payment plan, or order with the clerk to the local hearing officer or failed to appear at a scheduled hearing within 10 days after such failure, and shall reference the person’s driver license number, or in the case of a business entity, vehicle registration number.

(a) Upon receipt of such notice, the department, or authorized agent thereof, may not issue a license plate or revalidation sticker for any motor vehicle owned or co-owned by that person pursuant to s. 320.03(8) until the amounts assessed have been fully paid.

(b) After the issuance of the person’s license plate or revalidation sticker is withheld pursuant to paragraph (a), the person may challenge the withholding of the license plate or revalidation sticker only on the basis that the outstanding fines and civil penalties have been paid pursuant to s. 320.03(8).

History.—s. 1, ch. 74-377; s. 1, ch. 80-262; s. 6, ch. 86-154; s. 333, ch. 95-148; s. 9, ch. 96-413; s. 50, ch. 97-300; s. 8, ch. 99-248; s. 98, ch. 2003-402; s. 1, ch. 2003-410; s. 59, ch. 2004-265; s. 23, ch. 2006-290; s. 6, ch. 2006-296; s. 32, ch. 2008-111; s. 2, ch. 2009-6; s. 11, ch. 2009-61; s. 5, ch. 2009-71; s. 2, ch. 2010-107; s. 16, ch. 2011-66; s. 17, ch. 2012-181; s. 8, ch. 2013-160; s. 16, ch. 2014-216; s. 47, ch. 2018-118; s. 9, ch. 2019-42; s. 17, ch. 2019-58; s. 10, ch. 2021-116.

F.S. 318.15 on Google Scholar

F.S. 318.15 on Casetext

Amendments to 318.15

Arrestable Offenses / Crimes under Fla. Stat. 318.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 318.15.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . The clerk shall report to the department a defendant's failure to comply as required by section 318.15 . . . days after the failure to comply, in order to comply with the requirements of as required by section 318.15 . . . to the official who shall adjudicate the defendant guilty of the infraction as required by section 318.15 . . . and shall assess all applicable civil penalties as required by penalty as provided in section 318.18 318.15 . . . Section 318.15(1)(b), Florida Statutes, requires adjudication of guilt for a defendant who elects a driver . . .

MORANGELLI v. CHEMED CORPORATION, 922 F. Supp. 2d 278 (E.D.N.Y. 2013)

. . . He worked 43 hours and 25 minutes that week which entitled him to $318.15 in wages. . . .

In AMENDMENTS TO FLORIDA RULES OF TRAFFIC COURT, 105 So. 3d 1267 (Fla. 2012)

. . . proposed amendments to rule 6.600(c), we became aware of the enactment of new legislation amending section 318.15 . . . In particular, the new legislation adds an additional paragraph to section 318.15 that addresses when . . .

STATE v. GOMEZ,, 103 So. 3d 258 (Fla. Dist. Ct. App. 2012)

. . . The State appeals a trial court’s ruling granting defendant’s motion to dismiss and, citing section 318.15 . . . stated in Wooden: The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15 . . . ,” § 322.34(10)(a)3„ includes by reference all the provisions of section 318.15, including the failure . . . Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” . . .

STATE v. WOODEN,, 92 So. 3d 886 (Fla. Dist. Ct. App. 2012)

. . . 2011), when the suspension was based on the failure to comply with a civil penalty required in section 318.15 . . . reverse. • ■ The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15 . . . ,” § 822.34(10)(a)3., includes by reference all the provisions of section 318.15, including the failure . . . Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” . . . Failing to comply with a civil penalty required in s. 318.15; 4. . . .

In AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC COURT, 24 So. 3d 176 (Fla. 2009)

. . . extension or further extensions, such action will be considered a failure to comply for purposes of section 318.15 . . .

LIPOVSKY, v. STATE, 854 So. 2d 707 (Fla. Dist. Ct. App. 2003)

. . . Instead, it appears that Lipovsky’s license was automatically suspended pursuant to Section 318.15, Florida . . . Because the suspension of a license under section 318.15 is not one of the qualifying suspensions under . . .

LITE, v. STATE, 617 So. 2d 1058 (Fla. 1993)

. . . § 322.26(5), Fla.Stat. (1989) (committing perjury related to the ownership of a motor vehicle); §§ 318.15 . . .

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

. . . extension or extensions, such action will be considered a failure to comply for purposes of section 318.15 . . . department within 5 days after the failure to comp^ in order to comply with the requirements of section 318.15 . . . in order to comply with the requirements of section 318.15(1), Florida Statutes. . . . in order to comply with the requirements of section 318.15(1), Florida Statutes. . . . ⅛ order to comply with the requirements of section 318.15(1), Florida Statutes. . . .

KINMAN, v. STATE, 550 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

. . . This testimony is confirmed by section 318.15 Florida Statutes (1987) which states: (1) If a person fails . . .

M. OETTMEIER, Jr. L. v. UNITED STATES, 708 F. Supp. 1307 (M.D. Ga. 1989)

. . . This rate from this transaction produces a value estimate of $55.09 per acre or $182,-318.15, which, . . .

THE FLORIDA BAR. In RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 536 So. 2d 181 (Fla. 1988)

. . . department within 5 days after failure to comply in order to comply with the requirements of Section 318.15 . . .

THE FLORIDA BAR. In RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 530 So. 2d 274 (Fla. 1988)

. . . shall be sent to the department within 5 days after failure to comply with the requirements of section 318.15 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 494 So. 2d 1129 (Fla. 1986)

. . . follow- 5 days after failure to comply in order to comply with the requirements of section 318.18(4) 318.15 . . . follow 5 days after failure to comply in order to comply with the requirements of section 31-8.18(1) 318.15 . . . follow 5 days after failure to comply in order to comply with the requirements of section 318,18(1) 318.15 . . . the person fails to appear, a delinquency notice shall be -sent-to the person pursuant- to-section 318.15 . . . follow 5 days after failure to comply in order to comply with the requirements of section 348.48(4-) 318.15 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 477 So. 2d 542 (Fla. 1985)

. . . extension of extensions, such action will be considered a failure to comply for purposes of section 318.15 . . .

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

. . . offenders driving license, such action will be considered a failure to comply for purposes of section 318.15 . . .

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

. . . appear for or complete the course, a delinquency notice shall be sent to the person pursuant to section 318.15 . . . pay the civil penalty or appear, a delinquency notice shall be sent to the person pursuant to section 318.15 . . . the penalty is not fulfilled, a delinquency notice shall be sent to the person pursuant to section 318.15 . . . and the person fails to appear, a delinquency notice shall be sent to the person pursuant to section 318.15 . . .

STATE v. M. GARNER,, 402 So. 2d 1333 (Fla. Dist. Ct. App. 1981)

. . . Whenever the court imposes the penalty of attending a driver improvement school under the provisions of s. 318.15 . . .

STATE v. M. ADDLEMAN, STATE v. GERACA,, 388 So. 2d 1230 (Fla. 1980)

. . . Appellees contended, and the trial court held, that section 318.15 is unconstitutional because there . . . suspended effective on the date the person fails to appear at the hearing in accordance with section 318.15 . . . We find section 318.15, Florida Statutes, is constitutional and remand these causes to the county court . . .

W. WIRTZ, v. HARPER BUFFING MACHINE COMPANY, 280 F. Supp. 376 (D. Conn. 1968)

. . . Portland, Conn. 5/29/64 3/19/65 $ 318.15 Alphonso Ozimek 355 Town Rd. . . .

WIGGIN TERMINALS, v. UNITED STATES, 29 F.2d 576 (D. Mass. 1928)

. . . The expenditures of Estabrook & Co. on February 15,1916, amounted to $17,-318.15, and contracts for the . . .