RULE 6.165. COMPLAINT; SUMMONS; FORM; USE

(a) Uniform Traffic Citation. All prosecutions for criminal
traffic offenses by law enforcement officers shall be by uniform
traffic citation as provided for in section 316.650, Florida Statutes,
or other applicable statutes, or by affidavit, information, or
indictment as provided for in the Florida Rules of Criminal
Procedure. If prosecution is by affidavit, information, or indictment,
a uniform traffic citation shall be prepared by the arresting officer
at the direction of the prosecutor or, in the absence of the arresting
officer, by the prosecutor and submitted to the department.
(b) Amendment of Citation. The court may allow the
prosecutor to amend in open court a traffic citation alleging a
criminal traffic offense to state a different traffic offense. No new
traffic citation need be issued by the arresting officer. The court
shall grant additional time to the defendant for the purpose of
preparing a defense if the amendment has prejudiced the
defendant.

Committee Notes
1988 Amendment. It was felt that due process required the court to
grant a continuance to the defendant as a matter of right, if the amendment
prejudiced the defendant. The committee felt that this should be mandatory
and not discretionary.