Florida/Georgia Personal Injury & Workers Compensation

...t to civil penalties. §§ 318.14, 316.655, Fla. Stat. (1989). An "infraction" is defined as "a noncriminal violation which is not punishable by incarceration and for which there is no right to a trial by jury or a right to court appointed counsel." § 318.13(3), Fla....

...violation of any provision of chapter 316" and section 316.655, which read in pertinent part: (1) A violation of any of the provisions of this chapter, except criminal offenses enumerated in section (4), shall be deemed an infraction, as defined in § 318.13(3)....

...shall be deemed to be charged with a noncriminal infraction and shall be cited for such an infraction and cited to appear before an official." Appellee was charged with violating Fla. Stat. § 325.12, F.S.A., which falls within the provisions of part II of chapter 325 and is therefore classified as an infraction. Fla. Stat. § 318.13(3), F.S.A., defines "infractions" as follows: "[A] noncriminal violation which is not punishable by incarceration for which there is no right to a trial by jury or a right to court appointed counsel." Under chapter 318, several options are given the alleged offender by which a citation may be disposed of....

...589, 105 A.2d 661 (1954); Black's Law Dictionary 600 (5th ed. 1979). [2] When section 901.25 was amended in 1978 by the Florida Legislature, violations of sections 316.605 and 316.610 were deemed to be infractions by section 316.655(1), Florida Statutes (1977). In turn, an infraction was defined in section 318.13(3), Florida Statutes (1977), as: a noncriminal violation which is not punishable by incarceration and for which there is no right to a trial by jury or a right to court appointed counsel. Section 318.13, Florida Statutes (1974), was part of the Florida Uniform Disposition of Traffic Infractions Act enacted by the Legislature in 1974....

...[10] Section one makes no exceptions for political campaigning, for charitable work, or for permitted conduct. *1252 A person violating section one commits a non-criminal pedestrian violation or infraction punishable by a fifteen dollar fine. Fla. Stat. § 316.2045(1); Fla. Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla....

...o do any one of such unlawful acts. Fla. Stat. § 316.2055. A person violating § 316.2055 commits a non-criminal pedestrian violation or infraction punishable by a fifteen dollar fine. Fla. Stat. § 316.2055(1); Fla. Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla....

...to have admitted the infraction. Fla. Stat. § 318.14(4). Such admission shall not be used as evidence in any other proceeding. Id. There is no right to a trial by jury or a right to court-appointed counsel for a non-criminal infraction. Fla. Stat. § 318.13(3)....

...an treating the offense as a traditional criminal matter. These offenses are deemed noncriminal violations by the act, and there can be no punishment by incarceration nor is there a right to a trial by jury or a right to court-appointed counsel. See section 318.13(3), Florida Statutes....

...The specific traffic violations remained the same. The only change was the penalty from a criminal fine or imprisonment to a civil fine. The clear intent of the legislature is that the county courts would remain vested with jurisdiction of these matters. Pursuant to section 318.13(4), Florida Statutes (1977), only a "judge" may be a hearing official....

...may subject a defendant upon conviction to incarceration. The word "infraction" means a noncriminal traffic offense that is not punishable by incarceration, and for which there is no right to court-appointed counsel or a jury trial. Rule 6.040( l ); § 318.13(3), Fla....

...First, a review of the scoresheet indicates that two points were scored under the portion of the scoresheet entitled "prior record" for a prior jaywalking conviction in Hawaii. In Florida, the offense of jaywalking is neither a felony nor a misdemeanor but is a noncriminal "infraction." Section 316.130, Fla. Stat. (1987); Section 318.13(3), Fla....

...damages an unattended vehicle to immediately stop and locate and notify the owner or attach a note to the vehicle. Failure to do so is to be punished as provided in Section 316.655, which clearly identifies the offense as an infraction as defined in Section 318.13(3)....

...Section 318.14, Florida Statutes (2009) provides for civil penalties or, if the civil penalties were waived, a hearing before an official. The “official” means any judge authorized by law to preside over a court or hearing adjudicating traffic infractions. § 318.13(4), Fla....

error on the imposition of the $3 cost under section 318.13(11)(b)(2), Florida Statutes, and the $2 cost

...As we continue to wind our way through the statutes we next examine section 316.-655, Florida Statutes (1979), which reads in part: (1) A violation of any of the provisions of this chapter, except criminal offenses enumerated in subsection (4), shall be deemed an infraction, as defined in § 318.13(3)....

...“criminal offense” is a crime. Section 775.08(4) states that the “term ‘crime’ shall mean a felony or misdemeanor.” Section 316.655(1) refers to section 318.-13(3). (Chapter 318 is the statute which decriminalized most traffic offenses). Section 318.13(3) reads: 318.13(3) ‘Infraction’ means a noncriminal violation which is not punishable by incarceration and for which there is no right to trial by jury or a right to court appointed counsel....

...The first is a $26 cost authorized by the Seventeenth Judicial Circuit’s Administrative Order VI-02-D-3 for cases heard in county court. We agree that the $26 assessment was improper and must be removed. In addition, the court incorrectly assessed $10 under section 318.18(19), Florida Statutes (2019); $30 under section 318.13(13)(a), Florida Statutes (2019); and $65 under section 318.18(2), Florida Statutes (2019)....

...42(4)( b ), is punishable by imprisonment and is unquestionably a `criminal' statute (and thus clearly falls within the above ex post facto definitions), the sections set forth in s. 42(4)( a ) are designated in Ch. 318, F. S., as `noncriminal' infractions punishable by `civil' penalties. Section 318.13 (3), F....

the provisions of ss. 316.535 and316.545." Section 318.13(5), F.S., in part, defines "officer" to mean

or misdemeanor.’ ” The court also looked to section 318.13(3), which states, “ ‘[infraction’ means a noncriminal

...ic offenses and provided for a system of civil penalties for traffic infractions. See § 318.12, Fla. Stat. (2012). Traffic offenses that fall within the scope of chapter 318 are deemed noncriminal violations and cannot be punished by incarceration. § 318.13(3), Fla....

...official, he or she may appeal that finding to the circuit court.” § 318.16(1), Fla. Stat. (2021) (emphasis added). Chapter 318 defines “official” as “any judge authorized by law to preside over a court or hearing adjudicating traffic infractions.” § 318.13(4), Fla....