RULE 6.291. PROCEDURES ON WITHHELD ADJUDICATION IN
DRIVING WHILE LICENSE SUSPENDED; COSTS
AND ENLARGEMENT OF TIME TO COMPLY;
RECORD OF CONVICTIONS

(a) Costs. When a defendant charged with a criminal offense
elects to exercise the option of receiving a withheld adjudication
under section 318.14(10), Florida Statutes, law enforcement
education assessments under section 943.25, Florida Statutes, and
victims-of-crimes compensation costs and surcharges under
sections 938.03 and 938.04, Florida Statutes, must be assessed, in
addition to the court costs assessed by section 318.14(10), Florida
Statutes.

(b) Additional Costs. In addition to any other allowable
costs, additional court costs of up to $5 may be assessed, if
authorized by administrative order of the chief judge of the circuit.

(c) Time to Comply. When a defendant elects to exercise
the option of receiving a withheld adjudication pursuant to section
318.14(10), Florida Statutes, the clerk shall allow the defendant
such additional time as may be reasonably necessary, not exceeding
60 days, to fulfill statutory requirements. If the defendant has not
been able to comply with the statutory requirements within 60
days, the court, for good cause shown, may extend the time
necessary for the defendant to comply.

(d) Convictions. Elections under section 318.14(10), Florida
Statutes, when adjudication is withheld, shall not constitute
convictions as that term is used in chapter 322, Florida Statutes.

Committee Notes
1990 Amendment. Section 27.3455(1), Florida Statutes, was amended
to provide that any person who pleads nolo contendere to a misdemeanor or
criminal traffic offense under section 318.14(10)(a) shall be assessed costs of
$50 for the local government criminal justice trust fund. This enactment
requires the deletion of the previously existing rule provision that prohibited an
assessment of costs for the local government criminal justice trust fund.

1992 Amendment. This rule consolidates rules 6.291, 6.292, and 6.293.
It also sets a limit on the amount of time a clerk can allow a defendant to
process an administrative withheld adjudication through the clerk, without
leave of court.