RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND
WAIVER OF APPEARANCE

(a) Appearance in Court. At trial, any defendant charged
with an infraction may, in lieu of personal appearance or
appearance using communication technology, file an affidavit of
defense or an admission that the infraction was committed as
provided in this rule.

(b) Posting of Bond. The trial court may require a bond to
be posted before the court will accept an affidavit in lieu of
appearance at trial. The defendant shall be given reasonable notice
if required to post a bond.
(c) Attorney Representation. If a defendant is represented
by an attorney in an infraction case, said attorney may represent
the defendant in the absence of the defendant at a hearing or trial
without the defendant being required to file an affidavit of defense.
The attorney shall file a written notice of appearance. The attorney
may enter any plea, proceed to trial, present evidence other than
the defendant’s statements, and examine and cross examine
witnesses without the defendant being required to file an affidavit of
defense. Nonetheless, a defendant represented by an attorney may
file an affidavit of defense. If a represented defendant files such an
affidavit, the affidavit must be signed and properly notarized,
subjecting the affiant to perjury prosecution for false statements.

(d) Sample Affidavit of Defense or Admission and Waiver
of Appearance.

* IN THE COUNTY COURT,
STATE OF FLORIDA, * COUNTY, FLORIDA
Plaintiff, *
* CASE NO.

vs. *
* CITATION NO.
,*
Defendant. * DRIVER’S LICENSE NO.
*


AFFIDAVIT OF DEFENSE OR
ADMISSION AND WAIVER OF APPEARANCE
Before me personally appeared , who after first
being placed under oath, swears or affirms as follows:

1. My name, address, and telephone number are:
Name:
Address:

Telephone No.:
2. I am the defendant in the above-referenced case and am
charged with the following violation(s): (List the charges as you
understand them to be.)



[Note: This is not an admission that you violated any law.]

3. Check only one as your plea:

I hereby plead NOT GUILTY and file this affidavit of
defense as my sworn statement herein. I understand that when I
plead not guilty, I do not have to supply any further statement. I
understand that by my filing this affidavit, the hearing officer or
judge will have to make a decision as to whether I committed the
alleged violation by the sworn testimony of the witnesses, other
evidence, and my statement. I understand that I am waiving my
appearance at the final hearing of this matter.

I hereby plead GUILTY and file this affidavit as an
explanation of what happened and as a statement that the hearing
officer or judge can consider before pronouncing a sentence. I
understand that I am not required to make any statement. I
understand that the hearing officer or judge will determine the
appropriate sentence and decide whether to adjudicate me guilty.

I hereby plead NO CONTEST and file this affidavit as
an explanation of what happened and as a statement that the
hearing officer or judge can consider before pronouncing a
sentence. By pleading no contest, I understand that I am not
admitting or denying that the infraction was committed but do not
contest the charges, and I understand that I may be sentenced and
found guilty even though I entered a plea of no contest. I
understand that I am not required to make any statement. I
understand that the hearing officer or judge will determine any
appropriate sentence and decide whether to adjudicate me guilty.

4. Defendant’s Statement: (additional papers, documents,
photos, etc. can be attached but should be mentioned herein).
I understand that any material misrepresentation could cause me
to be prosecuted for a separate criminal law violation.



/s/
Affiant/Defendant

Sworn to (or affirmed) and subscribed before me, the undersigned
authority, on____________________________________________________
Personally known
Produced identification Type of ID produced
/s/
Notary Public, Deputy Clerk, or other authority
NAME:
Commission No.
My Commission Expires:

NOTE: It is your responsibility to make sure this affidavit is in the
court file before the hearing date.
If Affiant/Defendant is under the age of 18, a parent or
guardian must sign this affidavit:


Parent or Guardian

Committee Notes
1996 Amendment. The Committee completely revised this rule to
conform to the common practice of attorneys practicing in the traffic courts of
Florida.