CopyCited 35 times | Published | Supreme Court of Florida | 2006 WL 59332
...on
316.650(9) implicitly limits the provision to traffic-related trials. However, the civil/criminal distinction is not the same as the traffic/non-traffic distinction. A traffic offense can result in either civil or criminal proceedings. See, e.g., §
318.12, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 44391
...The legislature's express purpose in enacting Chapter 318 was to "decriminalize certain [traffic] violations ..., thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic offenses." See Fla. Stat. § 318.12 (1997); Nettleton v....
CopyCited 8 times | Published | Supreme Court of Florida
...Chapter 318, Florida Statutes, which became effective on January 1, 1975, had as its stated purpose the "decriminalization" of certain violations of various motor vehicle and traffic statutes, thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic offenses. Section 318.12, Florida Statutes....
...e law. "By Chapter 318, the Legislature sought to decriminalize certain violations of Chapters 316, 325, part II, 339, 239 and 340, to facilitate implementation of a more uniform and expeditious system for the disposition of traffic infractions. See Section 318.12, Florida Statutes....
CopyCited 8 times | Published | Supreme Court of Florida
...that an estimated sixty-five to seventy percent of all revenues collected under the Crimes Compensation Act to date has been derived from surcharges on traffic infraction penalties. [3] See §§
316.655(2),
318.14, and
318.18, Fla. Stat. (1977). [4] §
318.12, Fla....
CopyCited 6 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 670, 2003 WL 147531
...The Florida legislature's intent in decriminalizing the pedestrian violations in Fla. Stat. §§
316.2045(1) and
316.2055 is "facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions." Fla. Stat. §
318.12 (Florida Uniform Disposition of Traffic Infractions Act)....
...actions Act in order to decriminalize certain violations of Chapter 316, the Florida Uniform Traffic Control Law, thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions. Fla. Stat. § 318.12....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 574907
...The facts in this case involve serious, atypical criminal misconduct. However, a family purchasing automobile insurance needs to understand the types of claims that Allstate has the option to deny as a result of this exclusion. Since 1974, most traffic violations have been classified as civil infractions. See § 318.12, Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...he law. By Chapter 318, the Legislature sought to decriminalize certain violations of Chapters 316, 325, part II, 339, 239 and 340, to facilitate implementation of a more uniform and expeditious system for the disposition of traffic infractions. See Section 318.12, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 2609201
...(2008).
Chapter 318, Florida Statutes (2008), the Florida Uniform Disposition of
Traffic Infractions Act, states that its purpose is to facilitate “the implementation of
a more uniform and expeditious system for the disposition of traffic infractions.” §
318.12, Fla....
...the adjudication of infractions, section
318.14; the amount of penalties, section
318.18; and the disposition of civil penalties, section
318.21. Chapter 318 also
contains a preemption provision regarding fines and other charges, which is set
forth in section
318.121: “Notwithstanding any general or special law, or
-7-
municipal or county ordinance, additional fees, fines, surcharges, or costs other
than the court costs and surcharges assessed under s....
...m the enforcement regime applicable
under the provision of section
316.075(4) that red light violations are “punishable
pursuant to chapter 318.” And nothing in section
316.008(1)(w) creates an
exception from the express preemption imposed by section
318.121 of any fines
other than the penalties imposed as provided in chapter 318.
IV.
The Orlando and Aventura ordinances are invalid because they are expressly
preempted by state law....
...preemption—essentially concluding that the ordinances are invalid because they
conflict with section
316.075(4), Florida Statutes, which states that red light
violations are “punishable pursuant to chapter 318,” §
316.075(4), Fla. Stat.
(2008), as well as section
318.121, Florida Statutes, which states that
“[n]otwithstanding any general or special law, or municipal or county ordinance,
additional fees, fines, surcharges, or costs other than the court costs and surcharges
assessed under s.
318.18(11), (13), and (18) may not be added to the civil traffic
penalties assessed in this chapter.” §
318.121, Fla....
...- 22 -
coexist alongside the Florida Uniform Traffic Control Law. City of Aventura,
89
So. 3d at 238 (quoting Aventura, Fla., City Code, ch. 48, art. 3, § 48–26 (2007)).
Further, the municipal ordinances also do not conflict with section
318.121,
which states that “additional fees, fines, surcharges, or costs . . . may not be added
to the civil traffic penalties assessed in this chapter.” Section
318.121 expressly
preempts municipalities from undertaking very specific conduct—adding
additional fines or costs on top of those assessed under chapter 318. For example,
pursuant to section
318.121, a municipal government could not authorize a law
enforcement officer to impose an additional municipal fine when issuing a traffic
citation pursuant to the Florida Uniform Traffic Control Law for the same
infraction....
...ed under
chapter 318 when adjudicating traffic citations issued pursuant to the Florida
Uniform Traffic Control Law.
In this case, the municipal ordinances do not “add[] to the civil traffic
penalties assessed” pursuant to chapter 318. § 318.121, Fla....
...Instead, the
ordinances impose different fines, for the violation of separate municipal
ordinances that exist alongside the Florida Uniform Traffic Control Law.
Accordingly, the fines imposed by the municipal ordinances are not “additional” to
the fines found in chapter 318, and section 318.121 is not in conflict with
- 23 -
municipal ordinances that assess penalties independent of those found within
chapter 318.
Finally, the majority has, in my view, failed to take into acc...
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
Dear Mr. Bergdoll: On behalf of the Honorable Grady Judd, Sheriff of Polk County, you have asked for my opinion on substantially the following questions: 1. Does the language in section 318.121 , Florida Statutes, apply to future county ordinances, ordinances passed previously, or both? 2. Does the language of section 318.121 , Florida Statutes, create an exception if a county ordinance is passed allowing a surcharge after the effective date of the statute or is such a surcharge expressly preempted without enabling legislation? Your questions are related and will be answered together....
...' license provisions, Florida intrastate highway system and toll facilities statutes, and the "Support of Learning" law, "thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions." 2 Section 318.121 , Florida Statutes, a section of the act provides: "Preemption of additional fees, fines, surcharges, and costs....
...318.18 (11), (13), and (18) may not be added to the civil traffic penalties assessed in this chapter." The original statute was enacted in 1996 and has been amended to add the language relating to surcharges assessed under section
318.18 (11), (13), and most recently, (18). 3 Section
318.121 , Florida Statutes, recognizes the continued imposition of those fees, fines, surcharges, and costs contained in Chapter 318 , Florida Statutes, but limits the assessment of additional costs and surcharges to those imposed under section
318.18 (11), (13), and (18), Florida Statutes....
...nal administrative fee of $12.50 be imposed on all noncriminal moving and nonmoving traffic violations under Chapter 316 , Florida Statutes. Further, legislative changes to the amount imposed as court costs under subsection (11)(a) became effective. Section
318.121 , Florida Statutes, precludes the imposition of any fees, fines, surcharges, or costs other than those assessed under section
318.18 (11), (13), and (18), Florida Statutes....
...s, surcharges, or costs to the civil traffic penalties set forth in Chapter 318 , Florida Statutes. 6 Legislative intent for adoption of Chapter 318 , Florida Statutes, was to provide a uniform system for the disposition of traffic infractions ( see section 318.12 , Florida Statutes) and the Legislature chose to preempt local regulation to facilitate this uniform treatment. (Legislative intent is the polestar) Thus, in the absence of a state legislative provision, no fees, fines, surcharges, or costs may be added to the civil traffic penalties authorized by chapter 318. In sum, it is my opinion that section 318.121 , Florida Statutes, has acted since 1996 7 as a preemption to local regulation of fees, fines, surcharges, or costs which may be added to the civil traffic penalties assessed under Chapter 318....
...rative fee authorized by the newly enacted subsection (18) may only be imposed after the effective date of the act, July 1, 2008. Sincerely, Bill McCollum Attorney General BM/tgh 1 Section
318.11 , Fla. Stat., provides the short title for the act. 2 Section
318.12 , Fla....
...96-350 , Laws of Fla.; s. 14, Ch. 97-225 , Laws of Fla.; s. 47, Ch. 2005-236 , Laws of Fla.; and s. 30, Ch. 2008-111 , Laws of Fla. 4 But see s.
938.19 (1), Fla. Stat., authorizing the assessment and collection of court costs for teen court "[n]otwithstanding s.
318.121 ;" and Op....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...ovisions, Florida intrastate highway system and toll facilities statutes, and the "Support of Learning" law, "thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions." 2 Pursuant to section 318.121 , Florida Statutes: Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under s....
..., when the person cited complies with the provisions of section
318.18 (2)(c), Florida Statutes, and has his or her fine reduced. Sincerely, Bill McCollum Attorney General BM/tgh 1 Section
318.11 , Fla. Stat., provides the short title for the act. 2 Section
318.12 , Fla....
...Stat. 6 Ibid. 7 Sections
316.2935 and
316.610 , Fla. Stat., deal with air pollution control equipment and tampering with that equipment and vehicles in an unsafe condition, respectively. 8 See s.
318.18 (13)(a) and (b), Fla. Stat. 9 And see, e.g. , ss.
318.1215 , Fla. Stat. (notwithstanding s.
318.121 , board of county commissioners may require clerk of court to collect additional $5 with each civil traffic penalty to fund driver education programs in schools),
938.01 , Fla. Stat. (courts shall, in addition to any fine or other penalty, require payment of $3 court cost),
938.19 (2), Fla. Stat. (notwithstanding s.
318.121 , county commissioners may adopt mandatory court cost for teen court)....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16185
relating to Disposition of Traffic Infractions. In Section
318.12 thereof it was stated that the legislative
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4766
...On December 9, 1974, this Court adopted these temporary rules as an emergency matter to govern the courts in disposition of traffic cases under chapter 318, Florida Statutes, whereby the legislature decriminalized certain violations of chapter 316. 1 § 318.12, Fla.Stat....
CopyPublished | Supreme Court of Florida | 2012 Fla. LEXIS 2685, 2012 WL 6619336
...privilege against self-incrimination is not applicable. Through the enactment of chapter 318 of the Florida Statutes, the Legislature decriminalized specific traffic offenses and provided for a system of civil penalties for traffic infractions. See § 318.12, Fla....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
...ourt with regard to the appropriate assessment and distribution of civil fines under section
318.21 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 See, s.
318.11 , Fla. Stat., providing the short title for the act. 2 Section
318.12 , Fla....
