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F.S. 318.15 on Google Scholar

F.S. 318.15 on Casetext

Amendments to 318.15


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS
View Entire Chapter
F.S. 318.15 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: August 29, 2022
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.


Civil Citations / Citable Offenses under S318.15
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 318.15.


Annotations, Discussions, Cases:

  1. State v. Wooden

    92 So. 3d 886 (Fla. Dist. Ct. App. 2012)   Cited 2 times
    The issue is whether the term “[f]ailing 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 to appear at a scheduled hearing as involved in this case. Contrary to the ruling below, we think the answer is self-evidently no. Section 322.34(10)(a) 3. simply does not say “those offenses contained in section 318.15.” It says only failure to comply with a civil penalty required in that section. Thus, it refers only to the civil penalty requirement and not to any of the others. See City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003) (“[W]hen a law expressly describes a particular situation where something should apply [here, non-compliance with a civil penalty], an inference must be drawn that what is not included by specific reference [here, failure to appear] was intended to be omitted or excluded.”); see also State v. Hearns, 961 So.2d 211, 219 (Fla.2007) (“Under the canon of statutory construction expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”).
    PAGE 888
  2. State v. Gomez

    103 So. 3d 258 (Fla. Dist. Ct. App. 2012)   Cited 3 times
    The issue is whether the term “[f]ailing 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 to appear at a scheduled hearing as involved in this case. Contrary to the ruling below, we think the answer is self-evidently no. Section 322.34(10)(a) 3. simply does not say “those offenses contained in section 318.15.” It says only failure to comply with a civil penalty required in that section. Thus, it refers only to the civil penalty requirement and not to any of the others. See City of Miami v. Valdez, 847 So.2d 1005, 1008 (Fla. 3d DCA 2003) (“[W]hen a law expressly describes a particular situation where something should apply [here, non-compliance with a civil penalty], an inference must be drawn that what is not included by specific reference [here, failure to appear] was intended to be omitted or excluded.”); see also State v. Hearns, 961 So.2d 211, 219 (Fla.2007) (“Under the canon of statutory construction expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another.”).
  3. In re Florida Rules of Practice

    494 So. 2d 1129 (Fla. 1986)   Cited 1 times
    (a) In any case where no mandatory hearing is required and the person has signed and accepted a citation but fails to pay the civil penalty or appear, a delinquency notice shall be sent to the person pursuant to section 318.15(1), Florida Statutes, unless such a notice has previously been sent to the person in relation to the same infraction. If such a delinquency notice has been previously sent, notice of such failure must shall be sent to the department within 10 days of the failure and the person's driver license shall be deemed suspended. Otherwise, notification of the department shall follow 5 days after failure to comply in order to comply with the requirements of section 318.18(1) 318.15(1).
    PAGE 1133
  4. In re Amendments to Fla. Rules of Traffic Court

    105 So. 3d 1267 (Fla. 2012)   Cited 1 times
    After the Court considered and rejected the proposed amendments to rule 6.600(c), we became aware of the enactment of new legislation amending section 318.15, Florida Statutes (2012). See ch.2012–181, § 17 at 18, Laws of Fla. The new legislation mirrors several of the Committee's proposed amendments to rule 6.600(c). In particular, the new legislation adds an additional paragraph to section 318.15 that addresses when a defendant, whose driver license has been suspended, may request and obtain a hearing. See ch.2012–181, § 17 at 18, Laws of Fla.
    PAGE 1268
  5. Lipovsky v. State

    854 So. 2d 707 (Fla. Dist. Ct. App. 2003)
    It was undisputed that at the time of the events giving rise to the charges, Lipovsky's license had been suspended. However, the State did not establish that the suspension was for one of the reasons enumerated under section 322.34(6)(b). Instead, it appears that Lipovsky's license was automatically suspended pursuant to Section 318.15, Florida Statutes (2000), because he failed to pay traffic fines and to appear in response to traffic summonses. Because the suspension of a license under section 318.15 is not one of the qualifying suspensions under section 322.34(6)(b), and because the State did not otherwise establish that Lipovsky's license was suspended for one of the reasons identified in section 322.34(6)(b), his conviction and sentence must be reversed.
  6. AGO

    79-08 (Ops. Fla. Atty. Gen. Feb. 5, 1979)
    Thus, until determined otherwise by the court, the department's promulgation and implementation of the D-6 forms appear to be authorized by s. 318.15, F. S., read with s. 322.02, F. S., in order to assist both the traffic courts and the officials of the Division of Driver Licenses in carrying out the legislative intent and purpose shown in s. 318.15 regarding the suspension of drivers' licenses. The Florida Rules of Court (1979) appear to recognize the department's responsibility and authority to promulgate rules to carry out the provisions of s. 318.15 since Fla. R. Traf. Ct. 6.600 provides that `notice of such failure to appear must be sent to the department within 10 days of the failure to pay or appear.' See also Fla. R. Traf. Ct. 6.570 providing that any noncompliance with Ch. 318, F. S., resulting in the suspension of a driver's license `shall be reported to the department within 10 days of the noncompliance on a form to be supplied by the department'; and Fla. R. Traf. Ct. 6.575 which refers to `an outstanding or unsatisfied D-6' and requires the same to be disposed of 5 years `after the submission of the D-6 by the clerk to the Department of…
  7. Lite v. State

    617 So. 2d 1058 (Fla. 1993)   Cited 26 times
    Other Florida statutes provide for the revocation or suspension of a person's driver's license upon the commission or omission of an act not directly related to the use of a motor vehicle. See, e.g., §§ 324.051 and 324.121, Fla. Stat. (1989) (failure of automobile owner to have liability insurance even if owner is not involved in accident); § 322.26(5), Fla. Stat. (1989) (committing perjury related to the ownership of a motor vehicle); §§ 318.15 and 322.245, Fla. Stat. (1989) (failure to comply with traffic court's directives and civil penalties); § 322.0601, Fla. Stat. (1989) (failure to attend high school); § 322.274, Fla. Stat. (1989) (committing theft of parts or components of motor vehicle).
    PAGE 1060
  8. State v. Addleman

    388 So. 2d 1230 (Fla. 1980)
    We find section 318.15, Florida Statutes, is constitutional and remand these causes to the county court for further proceedings consistent with the views expressed in this opinion.
    PAGE 1231
  9. In re Fla. Rules of Practice and Procedure

    410 So. 2d 1337 (Fla. 1982)   Cited 1 times
    (a) In any case where a mandatory hearing is required and the person fails to appear, a delinquency notice shall be sent to the person pursuant to section 318.15(1), Florida Statutes, unless such a notice has previously been sent to the person in relation to the same infraction. If such a delinquency notice has been previously sent, notice of such failure to appear must be sent to the department within 10 days of the failure and the person's driver license shall be deemed suspended. Otherwise, notification of the department shall follow 5 days after failure to comply with the requirements of section 318.18(1).
    PAGE 1342