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 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 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
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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....
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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
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municipal ordinances that assess penalties independent of those found within
chapter 318.
Finally, the majority has, in my view, failed to take into acc...
