Florida/Georgia Personal Injury & Workers Compensation

...(2001), and meticulously explains where the copies must be sent and how long they must be kept. Id. § 316.650(3)-(8). Second, they give the accused notice to appear. Id. § 316.650(1)(a). The statute provides that the accused "must sign and accept a citation indicating a promise to appear." Id. § 318.14(2)....

...Fourth District held that "a conviction under section 322.34 occurs after final disposition of a case, as a result of a trial or plea, without regard to the court's decision on adjudication of a defendant, unless the disposition is made pursuant to section 318.14(1), Florida Statutes (1995)." Id....

...In so doing, we agree in large measure with the Fourth District's thorough analysis in Keirn because, in our view, the Legislature clearly intended that the term "conviction" as used in section 322.34(1) include both adjudications and withheld adjudications in DWLCSR cases, unless the disposition is made pursuant to section 318.14(10), Florida Statutes (1995)....

...f an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions....

...ons of traffic laws. For section 322.34 suspensions, the legislature has specified both the type of suspension entitled to leniency and the procedure for obtaining a special disposition of a charge. In 1985, the legislature added subsection 10(a) to section 318.14. Ch. 85-250, § 2, at 1668, Laws of Fla. Even though section 318.14 was entitled "Noncriminal *292 traffic infractions; exception; procedures," section 318.14(10) established a procedure for handling certain criminal violations.2 [NOTE 2:] That the legislature intended to include these criminal violations in the section is evidenced by the description of the amendment in the title to the bil...

...ions and offenses." Ch. 85-250, Laws of Fla. One of these criminal charges was "operating a motor vehicle with a license which has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course." § 318.14(10)(a) 1, Fla. Stat. (1995). Under section 318.14(10)(a), any person cited for such a suspension may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court.......

...ior to the court appearance date indicated on the citation or notice to appear. Traffic Rule 6.360(b) authorizes the clerk to allow a person up to 60 additional days to reinstate the license. If a defendant still needs additional time to comply with section 318.14(10), a judge or traffic hearing officer may extend the time for compliance. Fla. R. Traf. Ct. 6.360(b); 6.040(a). In 1990, the legislature moved away from the "adjudication" concept in defining a chapter 322 conviction, to make that definition coincide with those cases reserved for special treatment under section 318.14(10)....

...or a violation of a condition of release. § 322.01(10), Fla. Stat. (1989) (emphasis supplied). Significantly, since this section defined "a ruling which withholds adjudication" as a conviction, a withhold of adjudication in a suspension case under section 318.14(10) would still have counted as a conviction for the purpose of Chapter 322....

...f an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions....

...nguage signifying the closing of a case without regard to the adjudication of guilt. Similarly, for a traffic infraction, the definition refers not to an adjudication, but to an "admission or determination," words that precisely echo the language of section 318.14. From issuance of the citation through conviction, section 318.14 sets out the procedure for handling a traffic infraction without any mention of an adjudication of guilt.3 [NOTE 3]: Section 318.14(4) provides that a person charged with an infraction may pay the civil penalty by mail or in person within 30 days of receiving the citation....

...s or her right to a hearing on the issue of commission of the infraction." Id. (emphasis supplied). If the person requests a hearing, the presiding judge or hearing officer shall "make a determination as to whether an infraction has been committed." § 318.14(5), Fla....

...State, 586 So.2d 449 (Fla. 1st DCA 1991). When a report of "a determination or admission of an infraction is received by the department, it shall proceed to enter the proper number of points on the licensee's driving record in accordance with s. 322.27." § 318.14(8), Fla....

...(1995) (emphasis supplied). Section 322.27(3), Florida Statutes (1995), provides for a point system for "convictions of violations of motor vehicle laws." In the same 1990 statute that changed section 322.01(10)'s definition of conviction, the legislature added section 318.14(11), which provides: If adjudication is withheld for any person charged or cited under this section, such action shall not be deemed a conviction. Ch. 90-230, § 2, at 1722, Laws of Fla. It is significant that the legislature included section 318.14(11) in the same session law that redefined a conviction....

...sary. The adoption of subsection (11) evidences the legislative intent that all dispositions of driving under suspension charges amount to convictions under section 322.01(10), unless adjudication *294 has been withheld pursuant to the procedures of section 318.14(10), for the three types of license suspensions enumerated in that section....

...on 322.263. The legislature has placed a ceiling on both the frequency and the number of times a person may avoid the full sanction of a license suspension—one time every twelve months and three elections in a lifetime. A disposition outside of the section 318.14(10) procedure, regardless of whether adjudication is withheld or imposed, is a "conviction" within the meaning of section 322.01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.34. The Rules of Traffic Procedure mirror section 318.14(11). Rule 6.560 states that elections under "section 318.14(9) or (10) ... when adjudication is withheld, shall not constitute convictions." Rule 6.291 governs "procedures on withheld adjudication in driving while license suspended." Rule 6.291(d) provides: (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. Rule 6.291(d) and the last sentence of Rule 6.560 explicitly tie the absence of a Chapter 322 conviction in suspension cases to the withholding of adjudication under section 318.14(10) procedures, and not to a withhold of adjudication in any other situation.4 [NOTE 4]: This is in contrast to the treatment accorded traffic infractions by the Florida Rules of Traffic Procedure....

...judication is not other-wise prohibited by statute or rule of procedure. " (Emphasis supplied). The italicized portion of the Rule was added in 1984. In re Florida Rules of Practice and Procedure for Traffic Courts, 458 So.2d 1112, 1115 (Fla. 1984). Section 318.14(9) was adopted in 1985. Ch. 85-250, § 2, at 1688, Laws of Fla. Rule 6.560 was later amended to add a specific reference to section 318.14(9). Rule 6.560 contracts the Chapter 322 definition of an infraction conviction, by eliminating those infractions for which there was a "determination" under section 318.14(5), but for which adjudication has been withheld. For criminal violations, there is no rule of traffic procedure similar in effect to Rule 6.560. Outside of section 318.14, a judge is authorized to withhold adjudication in criminal cases if he or she places a defendant on probation....

...Even if the judge in this case were to withhold adjudication on the driving while license suspended charge after a plea or verdict, such a disposition would still amount to a third "conviction" under section 322.34(1)(c), because it is a disposition outside of section 318.14(10)....

...Based on a reading of the applicable statutes in light of their historical development, we hold that a conviction under section 322.34 occurs after a final disposition of a case, as a result of a trial or plea, without regard to the court's decision on adjudication of the defendant, unless the disposition is made pursuant to section 318.14(10), Florida Statutes (1995)....

...ons of traffic laws. For section 322.34 suspensions, the legislature has specified both the type of suspension entitled to leniency and the procedure for obtaining a special disposition of a charge. In 1985, the legislature added subsection 10(a) to section 318.14. Ch. 85-250, § 2, at 1668, Laws of Fla. Even though section 318.14 was entitled "Noncriminal traffic infractions; exception; procedures," section 318.14(10) established a procedure for handling certain criminal violations. [2] One of these criminal charges was "operating a motor vehicle with a license which has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course." § 318.14(10)(a)1, Fla. Stat. (1995). Under section 318.14(10)(a), any person cited for such a suspension may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court.......

...ior to the court appearance date indicated on the citation or notice to appear. Traffic Rule 6.360(b) authorizes the clerk to allow a person up to 60 additional days to reinstate the license. If a defendant still needs additional time to comply with section 318.14(10), a judge or traffic hearing officer may extend the time for compliance. Fla. R. Traf. Ct. 6.360(b); 6.040(a). *1089 In 1990, the legislature moved away from the "adjudication" concept in defining a chapter 322 conviction, to make that definition coincide with those cases reserved for special treatment under section 318.14(10)....

...or a violation of a condition of release. § 322.01(10), Fla. Stat. (1989) (emphasis supplied). Significantly, since this section defined "a ruling which withholds adjudication" as a conviction, a withhold of adjudication in a suspension case under section 318.14(10) would still have counted as a conviction for the purpose of Chapter 322....

...f an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions....

...nguage signifying the closing of a case without regard to the adjudication of guilt. Similarly, for a traffic infraction, the definition refers not to an adjudication, but to an "admission or determination," words that precisely echo the language of section 318.14. From issuance of the citation through conviction, section 318.14 sets out the procedure for handling a traffic infraction without any mention of an adjudication of guilt. [3] In the same 1990 statute that changed section 322.01(10)'s definition of conviction, the legislature added section 318.14(11), which provides: *1090 If adjudication is withheld for any person charged or cited under this section, such action shall not be deemed a conviction. Ch. 90-230, § 2, at 1722, Laws of Fla. It is significant that the legislature included section 318.14(11) in the same session law that redefined a conviction....

...necessary. The adoption of subsection (11) evidences the legislative intent that all dispositions of driving under suspension charges amount to convictions under section 322.01(10), unless adjudication has been withheld pursuant to the procedures of section 318.14(10), for the three types of license suspensions enumerated in that section....

...n 322.263. The legislature has placed a ceiling on both the frequency and the number of times a person may avoid the full sanction of a license suspension— one time every twelve months and three elections in a lifetime. A disposition outside of the section 318.14(10) procedure, regardless of whether adjudication is withheld or imposed, is a "conviction" within the meaning of section 322.01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.34. The Rules of Traffic Procedure mirror section 318.14(11). Rule 6.560 states that elections under "section 318.14(9) or (10) ... when adjudication is withheld, shall not constitute convictions." Rule 6.291 governs "procedures on withheld adjudication in driving while license suspended." Rule 6.291(d) provides: (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. Rule 6.291(d) and the last sentence of Rule 6.560 explicitly tie the absence of a Chapter 322 conviction in suspension cases to the withholding of adjudication under section 318.14(10) procedures, and not to a withhold of adjudication in any other situation. [4] Outside of section 318.14, a judge is authorized to withhold adjudication in criminal cases if he or she places a defendant on probation....

...Even if the judge in this case were to withhold adjudication on the driving while license suspended charge after a plea or verdict, such a disposition would still amount to a third "conviction" under section 322.34(1)(c), because it is a disposition outside of section 318.14(10)....

....34. There is no indication that the legislature intended to adopt the definition contained in Rule 3.701(d)(2) for section 322.34 or that the supreme court intended that rule to apply outside of the sentencing guidelines. Raulerson does not cite to section 318.14(11), so the opinion should not be read to include dispositions under that section as convictions....

...[2] That the legislature intended to include these criminal violations in the section is evidenced by the description of the amendment in the title to the bill— "providing for withholding of adjudication of guilt in certain traffic infractions and offenses." Ch. 85-250, Laws of Fla. [3] Section 318.14(4) provides that a person charged with an infraction may pay the civil penalty by mail or in person within 30 days of receiving the citation....

...s or her right to a hearing on the issue of commission of the infraction." Id. (emphasis supplied). If the person requests a hearing, the presiding judge or hearing officer shall "make a determination as to whether an infraction has been committed." § 318.14(5), Fla....

...State, 586 So.2d 449 (Fla. 1st DCA 1991). When a report of "a determination or admission of an infraction is received by the department, it shall proceed to enter the proper number of points on the licensee's driving record in accordance with s. 322.27." § 318.14(8), Fla....

...adjudication is not otherwise prohibited by statute or rule of procedure." (Emphasis supplied). The italicized portion of the Rule was added in 1984. In re Florida Rules of Practice and Procedure for Traffic Courts, 458 So.2d 1112, 1115 (Fla.1984). Section 318.14(9) was adopted in 1985. Ch. 85-250, § 2, at 1688, Laws of Fla. Rule 6.560 was later amended to add a specific reference to section 318.14(9). Rule 6.560 contracts the Chapter 322 definition of an infraction conviction, by eliminating those infractions for which there was a "determination" under section 318.14(5), but for which adjudication has been withheld....

...Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant. Robert E. Jagger, Public Defender, and Howard L. Crown, Asst. Public Defender, St. Petersburg, for appellee. HATCHETT, Justice. The State of Florida has appealed to this Court to resolve whether Section 318.14, Florida Statutes (1975) violates the Florida Constitution, Article III, Section 6, which provides that every law "shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the...

...under Article V, Section 3(b)(1). We reverse the trial court's order and hold the statute to be constitutional. Appellee, McDonald, was issued a traffic citation for careless driving. In addition, appellee refused to sign the summons as required by Section 318.14, Florida Statutes (1975), and was therefore charged with a second degree misdemeanor....

...The *407 trial court granted the motion to dismiss. The State asserts that this was error, because the statute was designed to accomplish a single purpose which is stated in its title: the establishment of procedures for the adjudication of traffic infractions. The State contends that Section 318.14(3) is merely part of the scheme provided to effectuate that purpose....

...in the title does not require a detailed explanation of every provision, but requires only that the matter under consideration be fairly related to the subject described in the title. Smith v. Davis, 231 So.2d 517 (Fla. 1970). [1] We determine that Section 318.14(3), Florida Statutes (1975) is sufficiently related to the general subject matter of this act, which provides for the establishment of procedures for the adjudication of traffic infractions....

...[8] § 775.012(4) Fla. Stat. [9] § 775.012(5) Fla. Stat. (1972). [10] The legislature also defined "noncriminal violation" and somehow made an ordinance violation both not a crime and, at the same time, not a noncriminal violation. See § 775.08(3), Fla. Stat. [11] § 318.14, Fla....

...Treating the factual allegations of the amended complaint as true, as we are required to do, and considering them in the light most favorable to the appellants, we find that the trial court properly dismissed appellants' claims. Appellants received citations for various traffic law violations. Pursuant to section 318.14, Florida Statutes (1995), they timely paid the fines imposed by mailing payment by check to the Clerk of the Court....

...[5] Evidence of a voluntary and knowing plea of guilty to a traffic ordinance, whether it is considered a criminal or a non-criminal infraction, is admissible in a civil action as an admission, by implication, of the conduct prohibited by the ordinance. [6] However, section 318.14(4), Florida Statutes, prohibits the use as evidence in any other proceedings an admission by a person, in a non-criminal traffic infraction, in the form of payment of the fine for such infraction by mail....

...Baker, 623 F.2d 1074 (5th Cir.1980), cert. denied, 450 U.S. 966, 101 S.Ct. 1483, 67 L.Ed.2d 615 (1981); United States v. Frank, 494 F.2d 145 (2d Cir.), cert. denied, 419 U.S. 828, 95 S.Ct. 48, 42 L.Ed.2d 52 (1974); and Cardillo v. Zyla, 486 F.2d 473 (1st Cir.1973). [4] Section 318.14, Florida Statutes....

...by Fla. Const. art. I, § 22, F.S.A., the trial judge denied the motion for restraining orders but granted the motion to dismiss, finding that, in denying the right to a jury trial, Fla. Stat. ch. 318, F.S.A., was unconstitutional. Under Fla. Stat. § 318.14(1), F.S.A., "any person cited for a violation of ......

...Singer was hurrying to claim a parking space he had just found, after trying to find one for some time. MacNeil was hospitalized with severe injuries, but no one else was injured. The investigating officer cited MacNeil for a violation of section 316.111(9), Florida Statutes (1975). Section 318.14, Florida Statutes (1975) provides that persons cited for violations of "noncriminal traffic infractions" may pay the civil penalty by mail or in person within ten days of receiving the citation....

...[2] She was unaware that her actions triggered the entry of an "automatic" guilty plea to the citation for Katherine. But the statute protects the unwary by providing that "such admission shall not be used as evidence in any other proceedings." (Emphasis supplied.) Section 318.14(4)(b), Florida Statutes (1975)....

...her mother paid the fine without her consent or direction. The objection was overruled. After the jury returned its verdict for Singer, MacNeil argued a new trial should be granted because the admission of the plea violated the express provisions of section 318.14(4)(b). The motion was denied. The guilty plea in this case was not admissible because of the express language of section 318.14(4)(b), Florida Statutes (1975)....

...iency, *234 rather than contesting the charge, and such action should not be deemed an admission of guilt or fault in any other context. Section 318.19(1) states that the privilege of mailing in a fine in lieu of an actual appearance as set forth in section 318.14(4) does not extend to accidents where "another" person is killed or injured, or where damage to property exceeds $250.00. [4] In this case, MacNeil was the only person injured and there was no testimony about property damage. In any event, MacNeil would not be faced with an "automatic" guilty plea, were section 318.14(4) not applicable. Singer argues MacNeil failed to object at trial to the admission of the plea based on a violation of section 318.14(4)(b), and thus she failed to preserve the error for our consideration on appeal....

...However, the ground was specified in MacNeil's motion for new trial, and the objection actually made at trial was a valid one. We are not therefore precluded from considering this error on appeal. A guilty plea is a kind of "admission against interest." Absent an express exclusionary rule such as is contained in section 318.14(4)(b), it may be introduced in a civil action against a party, if relevant and material to the issues....

...nalty or forfeit bond, if posted, and that this would constitute an admission *763 to the infraction and a waiver of any right to a hearing. It further provided, however, that this admission could not be used as evidence in any other proceeding. See Section 318.14(4), Florida Statutes (1979)....

...At the same time, the legislature provided that in more serious accidents, involving the death or personal injury of another or property damage in excess of $250.00 (now $750.00, Chapter 81-34, Laws of Florida (1981)), persons cited for infractions shall not have the provisions of Section 318.14(4) available to them, "but must appear before the designated official at the time and location of the scheduled hearing." See Section 318.19(1), Florida Statutes (1979). Since this statute contains no exclusionary provision similar to that found in Section 318.14(4), a plea of guilty to a traffic infraction covered by this statute would be subject to the usual rule of admissibility in other proceedings. There is evidence in the record that this accident resulted in more than $250.00 property damage. If this case were to be governed solely by the gravity of the accident, Mrs. Carter would obviously not be entitled to the exclusion contained in Section 318.14(4)....

...ing guilty, we conclude that Mrs. Carter is entitled to insist that we look to the manner in which her plea was influenced by the two statutes — as actually applied in her case — before characterizing her conduct as falling under the protection of Section 318.14(4) or under the self-inculpatory effect of Section 318.19(1)....

...Thus, one entering a plea of guilty under this statute would do so in the courthouse milieu. It follows that one pleading guilty under these conditions would more fully comprehend the significance of an incriminating admission than if that person had utilized the innocuous mail-order adjustment procedure permitted by Section 318.14(4). In enacting Section 318.14(4), the legislature recognized that persons charged with minor traffic offenses often pay their fines, as a matter of expediency, rather than contesting the charge....

...m. (Date) (Time) * * * I was driving a 67 Plymouth Valiant in a (Type of Motor Vehicle) West on Post Street in Duval (Direction) (Street or Avenue) County, Florida. * * * I am Denying/Admitting (strike one) the commission of the infraction... ." [1] Section 318.14, Florida Statutes, which provides for a procedure by which a person charged with a noncriminal traffic infraction may, without the necessity of appearance, pay the civil penalty or forfeit a posted bond in which case Section 318.14(4) provides that the person cited shall be deemed to have admitted the infraction but "such admission shall not be used as evidence in any other proceedings." However, Section 318.19 provides that a person cited for certain specified infractions, including any infraction which results in an accident that causes the death or personal injury of another or property damage in excess of a certain threshold amount shall not have the above-referred provisions of Section 318.14(4) available to him. No one disputes that the subject accident involved property damage in excess of the threshold amount. The provisions of Section 318.14(4) were, therefore, inapplicable including the provision purporting to exclude the cited person's admission of guilt....

...e constitutional requirement of separation of powers among the branches of government, as expressed in Article II, Section 3, Florida Constitution. In Levitz v. State, 339 So.2d 655 (Fla. 1976), the offender attacked the constitutionality of Chapter 318.14(5), Florida Statutes, on the ground that it subjected him to a greater penalty when he exercised his right to confront witnesses against him....

..."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. Pursuant to the provisions of Section 318.14, Florida Statutes, one charged for any infraction enumerated therein may either pay the civil penalty established by Section 318.18, Florida Statutes, or request a full hearing to contest the citation....

...ing with the law by merely paying a previously statutorily determined fine. * * * * * * "It is undisputed that if one chooses to contest a traffic citation all constitutional guaranteed due process rights are available to him. "This Court finds that Section 318.14(5) Florida Statutes, is constitutional and not violative of due process guarantees or equal protection of the law." At 657-58....

...Id. We conclude that signing another's name to a traffic citation does constitute the offense of forgery. A defendant's signature on a traffic ticket seems to operate as an appearance bond, so signing another's name on a ticket would be forgery. See § 318.14, Fla....

...emeanor convictions which were entered against the respondent Ruth H. Osvath in the Monroe County Court upon an adverse jury verdict for (1) resisting arrest without violence [§ 843.02, Fla. Stat. (1993)] and (2) refusal to sign a traffic citation [§ 318.14(3), Fla....

...State . See Fla. R.App. P. 9.030(a)(2)(A)(iv). POLEN and STEVENSON, JJ., concur. NOTES [1] We do not reach the issue of the propriety of the sentence, because it was not raised below. One difficulty in this case arises because, with the exception of section 318.14(10), Florida Statutes (1995), Florida law links a withhold of adjudication with probation....

...NOTES [1] We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B). [2] We note that, as compared to the standard of probable cause required to stop a vehicle, proof beyond a reasonable doubt is required to support a conviction for speeding. § 318.14(6), Fla....

...urance adjuster. Rudolph v. Gleason, 339 So.2d 298 (Fla. 3d DCA 1976), cert. denied, 348 So.2d 952 (Fla.1977). Next, the trial court properly prohibited the introduction of evidence that the plaintiff received a traffic citation and paid it by mail. § 318.14(4), Fla....

...da's sidewalks and roadways may join the firefighters and ninth graders in line when paying their $15 fines (or in the back of an Osceola County Sheriffs Office prisoner van should they be arrested despite the "sign-and-pay" provisions of Fla. Stat. § 318.14)....

...facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions. Fla. Stat. § 318.12. A person charged with a non-criminal infraction simply signs the citation, and promises to appear. Fla. Stat. § 318.14(2). A person who does not elect to appear, may pay the fine by mail or in person, and is deemed to have admitted the infraction. Fla. Stat. § 318.14(4)....

...We are further supported in our conclusion by the fact that most of the provisions of Chapter 316 of the Florida Statutes, including section 316.610, are non-criminal in nature, designed to advance safe travel on our public thoroughfares rather than to punish for intentional deviancy from societally-defined norms. See, e.g., § 318.14, Fla....

...Friedman, Asst. Atty. Gen., Tallahassee, for respondent. OVERTON, Justice. This is a petition for writ of prohibition brought by the named petitioners who are all charged with certain traffic violations which are deemed noncriminal infractions under section 318.14(1), Florida Statutes....

...en operating a motor vehicle and shall display the same upon the demand of a patrol officer, peace officer, or field deputy or inspector of the department. At the time of the incident, failure to display a driver's license was an arrestable offense. § 318.14(1), Fla....

...Plaintiff recognizes that our decision in Holodak v. Lockwood, 726 So.2d 815 (Fla. 4th DCA 1999), would require affirmance, but argues that we should recede from it. In Holodak, the claimants, after receiving traffic citations, had paid the fines pursuant to section 318.14, Florida Statutes (1995), by mailing a payment to the clerk....

...by Section 318.19, Florida Statutes (1975) to attend a mandatory hearing on her traffic citation. She there pleaded guilty to or admitted the truth of the traffic charge. The trial court, excluding evidence of her admission, gave her the benefit of Section 318.14, which provides that a person not required to attend a mandatory hearing may respond to a traffic citation by paying the civil penalty by mail or in person within 10 days or by forfeiting any bond posted to secure appearance. Section 318.14 further provides: "If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction....

...ed in excluding Wheeler's admission. Section 318.19, prescribing procedures for the disposition of traffic citations requiring a mandatory hearing, states: "Any person cited for the infractions listed in this section shall not have the provisions of § 318.14(2) and (4) available to him but must appear... ." The legislature evidently considered different treatment of more serious traffic offenses is appropriate. We need not speculate *832 on whether the policy of excluding admissions of guilt under the provisions of Section 318.14(2) and (4) should reasonably be applied also in the case of more serious offenses handled under Section 318.19, for the legislature has clearly stated that the policy should not be so applied....

...This conclusion was based on the following: (a) the term "penalty" is used in Florida Statutes and Traffic Court Rules; (b) in the past, most infractions were criminal offenses; (c) the burden of proof in traffic offenses is beyond a reasonable doubt (§ 318.14(6)); and (d) if a defendant refuses to sign a traffic citation, he can be arrested and prosecuted for a separate criminal offense....

...of driving under the influence (DUI). § 316.193, Fla. Stat. (1991). In early October 1991, Coupal elected to dispose of the two noncriminal traffic infractions (failure to maintain a single lane and unlawful speed) without a hearing under sections 318.14 and 318.18, Florida Statutes (1991)....

...In the decriminalization process, a person issued a citation may elect not to appear before any "official" and may instead pay a minimum, statutorily prescribed fine. A person electing to appear waives the right to the civil penalty statutorily prescribed and is subject then to an increased civil penalty. See § 318.14....

...Thus, the error in admitting the statute into evidence was compounded when the court instructed the jury. Appellants also argue correctly that the jury should not have been informed of Turco's response to the traffic citation she received at the scene of the accident. Section 318.14, Florida Statutes (1985), permits persons charged with traffic infractions to pay their fines by mail, if they choose not to contest the charge....

...That procedure is mutually beneficial to the county and the violator. Carter v. Rukab, 437 So.2d 761 (Fla. 1st DCA 1983); MacNeil v. Singer, 389 So.2d 232 (Fla. 5th DCA 1980). Paying the penalty in this manner constitutes an admission of the infraction, § 318.14(4), Fla. Stat. (1985), but "such an admission shall not be used as evidence in any other proceedings." § 318.14(4), Fla....

...trial was required as to those issues only. We hold that Galgano was deprived of a fair trial as a result of the admission of evidence that she received a traffic citation following the accident and pled guilty by paying the fine via the mail. Under section 318.14(4), Florida Statutes (1995): Any person charged with a noncriminal infraction under this section who does not elect to appear shall pay the civil penalty and delinquent fee, if applicable, either by mail or in person, within 30 days of the date of receiving the citation.......

...(emphasis added). We reject Buchanan's argument that evidence of the traffic infraction could be used against Galgano at trial because he suffered a bodily injury as a result of the accident. He claims that section 318.19, which precludes the use of section 318.14(4), should apply instead of section 318.14(4). Section 318.19, Florida Statutes (1995) provides that: Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2) and (4) available to him or her but must appear before the designated official at the time and location of the scheduled hearing: (1) Any infraction which results in an accident that causes the death of another; or (2) Any infraction whi...

...While Buchanan suffered a broken leg which resulted in a 5% permanent impairment, his injury did not amount to a "serious bodily injury" as defined in section 316.1933(1). Even if Buchanan's injuries fell within section 318.19(1), Galgano was permitted to follow the mail-in procedure of section 318.14(4). Historically, admissions by a party opponent have been admissible as substantive evidence. See Carter v. Rukab, 437 So.2d 761, 762 (Fla. 1st DCA 1983). However, with the decriminalization of certain minor traffic violations, section 318.14(4), provides that any person charged with an infraction could pay a civil penalty which would constitute an admission to the infraction and a waiver of any right to a hearing, but that the admission could not be used as evidence in any other proceeding. See id. at 763. For more serious accidents, section 318.19 provides that persons cited for infractions shall not have the provisions of section 318.14(4) available to the them, but must appear in court for a hearing....

...Thus, one entering a plea of guilty under this statute would do so in the courthouse milieu. It follows that one pleading guilty under these conditions would more fully comprehend the significance of an incriminating admission than if that person had utilized the innocuous mail-order adjustment procedure permitted by Section 318.14(4). In enacting Section 318.14(4), the legislature recognized that persons charged with minor traffic offenses often pay their fines, as a matter of expediency, rather than contesting the charge....

...that Galgano was charged with an infraction that caused the death or "serious bodily injury" of another. Moreover, even if Galgano could have been required to appear in court, she was permitted to utilize the informal mail-in procedure set forth in section 318.14(4)....

...consent, paid the fine by mail. The citation and guilty plea were admitted into evidence resulting in a defense verdict against the bicyclist. On appeal, the Fifth District found the guilty plea to be inadmissible because of the express language of section 318.14(4)....

...In this case, not only was there no evidence that Galgano's traffic incident fell *307 within section 318.19, but, any error in including the inculpatory statement could not be deemed harmless since the jury found Galgano 100% negligent in a case where negligence was contested. Even absent the protections of section 318.14(4), the trial court further erred in denying appellants' motion in limine to preclude Buchanan from questioning Galgano and the investigating officer as to whether she received a citation....

...rence any misdemeanor under state law, there shall be imposed as an additional cost in the case, in addition and prior to any cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(10) shall also be assessed such cost. (Emphasis added.) Section 318.14(10) relates to withholding adjudication in noncriminal traffic infraction cases and is not pertinent to the resolution of this appeal....

...for violating a criminal law defining a felony, misdemeanor, or criminal traffic offense, or any municipal or county ordinance that adopts by reference any misdemeanor under state law, or (2) where adjudication of delinquency is withheld pursuant to section 318.14(10) (which is not relevant to this appeal)....

...ued the citation and Robinson could lawfully resist his arrest without violence. Without reaching all of the issues Robinson presents, we conclude that Robinson's refusal to accept and sign the citation gave the officer probable cause to arrest him. Section 318.14(2), Florida Statutes (1997), required Robinson to "sign and accept a citation indicating a promise to appear." Further, Robinson's refusal to accept and sign the citation constituted a criminal offense under section 318.14(3), Florida Statutes (1997)....

...The appellant alleges that his counsel was ineffective for allowing him to plead to felony DWLSR without advising him of the possibility that he could have avoided an adjudication of guilt by taking advantage of the procedures available to certain DWLSR defendants in section 318.14(10), Florida Statutes (2000)....

...to withdraw his plea. The trial court's summary denial of this claim was based primarily on two facts. First, the appellant apparently failed to appear for his original court date. Because the appellant failed to appear, the trial court opined that section 318.14(10), which requires proof of compliance prior to the court appearance date, was closed to *209 the appellant, and therefore, his counsel's failure to learn of its existence did not result in prejudice....

...Moreover, failure to provide proof of compliance prior to the court appearance date cannot act as a strict bar to the benefit of this statute, because Traffic Rule 6.360(b) authorizes the clerk to allow a person up to 60 additional days to reinstate the license. If a defendant still needs additional time to comply with section 318.14(10), a judge or traffic hearing officer may extend the time for compliance....

...6.360(b); 6.040(a). See Raulerson, 763 So.2d at 292. But compare Carter v. State, 763 So.2d 1134, 1134 (Fla. 4th DCA 1999)(affirming the summary denial of an appellant's claim that he was entitled to resolve his felony DWLSR administratively through section 318.14(10) because the appellant failed to avail himself of the statute until more than three months after his appearance date)....

...is required to allege this fact to show prejudice, see, e.g., Mason v. State, 742 So.2d 370, 371 (Fla. 1st DCA 1999), such a requirement is misplaced in this context because a defendant must still plead nolo contendere in order to take advantage of section 318.14(10). Furthermore, although it is clear that not every type of felony DWLSR may be circumvented by section 318.14(10), the appellant has alleged that he met the criteria for treatment under this statute, and that if his counsel had merely told him of its existence, then he could have avoided the 53-month sentence that he is now serving....

...f an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions....

...n the instant case and is inconsistent with the reasoning set forth by the circuit court in the order under review. *606 The Raulerson court did recognize that the disposition of noncriminal traffic infractions pursuant to the process established in section 318.14(10), does not result in a conviction under the definition in section 322.01(10). Under the process set forth in section 318.14(10)(a), certain persons who operate a motor vehicle with a suspended driver's license "may, in lieu of payment of [a] fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance....

...In such case, adjudication shall be withheld." This option is available — subject to certain exceptions — to persons charged with "operating a motor vehicle with a license which has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course." § 318.14(10)(a)(1). Section 318.14(11) specifically provides: "If adjudication is withheld for any person charged or cited under this section, such action is not a conviction." The court in Raulerson thus acknowledged that section 318.14(11) establishes an exception from the general rule that under chapter 322 dispositions involving an adjudication withheld are convictions: "`The adoption of subsection (11) [of section 318.14] evidences the legislative intent that all dispositions of driving under suspension charges amount to convictions under section 322.01(10), unless adjudication has been withheld pursuant to the procedures of section 318.14(10)....'" Raulerson, 763 So.2d at 293-94 (quoting Keirn, 720 So.2d at 1090)....

...But section 322.34(2) requires that "knowing" DWLCSR offenses be treated differently. Under section 322.34(2), persons with a suspended license who drive "knowing of such ... suspension" are subject to progressive criminal penalties. A knowing DWLS offense is not subject to disposition pursuant to section 318.14(10)....

...The disposition of such a knowing DWLS offense necessarily involves a conviction — even where it is based on a no contest plea and adjudication is withheld. Although the Raulerson court recognized — as the statutory text makes plain — that a nolo contendere plea under section 318.14(10) will result in a disposition that is not a conviction, there is no suggestion in Raulerson that nolo contendere pleas entered outside the section 318.14(10) process receive similar treatment. Indeed, the broad language used by the court forecloses any possibility that a disposition based on a nolo contendere plea outside the context of section 318.14(10) will be anything other than a conviction. Raulerson in fact recognized that dispositions of noncriminal traffic infractions outside the context of section 318.14(10) are to be treated as convictions even when "`[a] "determination" that an infraction has been committed ......

...ugh adjudication was withheld, should be considered a prior conviction for sentencing purposes"). In the instant case, the record before us establishes that Rosenthal's second DWLS offense was not an offense for which adjudication was withheld under section 318.14(10)....

...owing offense subject to a criminal penalty pursuant to section 322.34(2) and therefore not subject to disposition as a noncriminal traffic infraction under chapter 318. Conclusion Rosenthal's second DWLS offense was not subject to disposition under section 318.14(10) and thus must be considered a conviction under the reasoning of Raulerson....

...8.) James was arrested for fleeing and eluding in violation of Florida Statute § 316.1935(1); resisting a law enforcement officer without violence in violation of Florida Statute § 843.02; and refusal to accept and sign a citation in violation of Florida Statute 318.14....

...(1) James DeRosa James DeRosa was arrested for fleeing and eluding in violation of Florida Statute § 316.1935(1), resisting a law enforcement officer without violence in violation of Florida Statute § 843.02, and refusal to accept and sign a citation in violation of Florida Statute 318.14....

...ge were malicious and the arrest was made without probable cause; that he was charged with Resisting Without Violence under Fla. Stat. § 843.02, Fleeing and Alluding under Fla. Stat. § 316.1935(1), and Refusal to Sign the citation under Fla. Stat. 318.14(3); and that all the criminal charges were later nolle prosequied by the State....

chapter” and expressly preempted by state law. (3) Section 318.14(a) identifies the burden of proof that must

...Shevin, Atty. Gen., and Donna H. Stinson, Asst. Atty. Gen., for appellee. ROBERTS, Justice. This cause is before us on direct appeal to review the judgment of the County Court in and for Dade County which inherently passes on the constitutionality of Section 318.14(5), Florida Statutes....

...On November 6, 1975, appellant was charged with unlawful speed in violation of Section 316.181, Florida Statutes, was furnished a copy of the summons and was given an instruction sheet entitled "Notification To Individual Charged With Traffic Infraction" which notified appellant that he could either comply with Section 318.14(4), Florida Statutes, or Section 318.14(5), Florida Statutes, that is to say he could pay the $25.00 fine or he could request a hearing *657 and be subject to a penalty not to exceed $500.00 Appellant filed a motion for declaration of the unconstitutionality of Section 318.14(5), Florida Statutes, on the ground that it subjected him to a greater penalty when he exercised his right to confront witnesses against him. This motion was denied by the County Court. After hearing, he was found guilty of the charge of speeding and fined $25.00 plus $5.00 plus $1.00 plus $1.00, the cost of the proceedings. Section 318.14(5), Florida Statutes, provides: "Any person electing to appear before the designated official or who is required so to appear shall be deemed to have waived his right to the civil penalty provisions of § 318.18....

...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. Pursuant to the provisions of Section 318.14, Florida Statutes, one charged for any infraction enumerated therein may either pay the civil penalty established by Section 318.18, Florida Statutes, or request a full hearing to contest the citation....

...Chapter 318, Florida Statutes, does not deprive appellant of his due process right to a full and fair hearing but rather avails him of an alternative more expedient method of complying with the law by merely paying a previously statutorily determined fine. Appellee, State, contends that in effect Chapter 318.14, Florida Statutes, provides for a type of plea bargaining, a principle not only upheld but also encouraged by the Courts....

...s the $25.00 fine he will be deemed to have complied with the law. If one pleads not guilty and requests a hearing under Chapter 318, Florida Statutes, at the hearing the commission of the charged infraction must be proved beyond a reasonable doubt. Section 318.14(6), Florida Statutes....

...y grants an "offer in settlement" to one charged with a "noncriminal traffic infraction." It is undisputed that if one chooses to contest a traffic citation all constitutional guaranteed due process rights are available to him. This Court finds that Section 318.14(5), Florida Statutes, is constitutional and not violative of due process guarantees or equal protection of the law....

...or the disposition of traffic infractions.” § 318.12, Fla. Stat. (2008). The chapter sets forth detailed requirements governing the handling of traffic infractions, including rules governing the proceedings for the adjudication of infractions, section 318.14; the amount of penalties, section 318.18; and the disposition of civil penalties, section 318.21....

...12 Section 316.075, Florida Statutes (2011), requires adherence to traffic control signal devices by “drivers” of vehicles. Section 316.075(4) provides that a violation of this section is a noncriminal traffic infraction punishable pursuant to chapter 318. 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. Stat. (2011). Section 318.14(6), Florida Statutes (2009) provides that the commission of a charged infraction at a hearing under this chapter must be proved beyond a reasonable doubt....

...cle may issue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s. 318.14....

...Safety and Motor Vehicles (“DHSMV”), which in turn suspended their licenses. Plaintiffs were required to pay a fee to have their licenses reinstated. Plaintiffs filed a class action suit against the Clerk. In their suit, they alleged that under section 318.14(1), Florida Statutes (1998), the Clerk was obligated to cite them to appear in front of an “official” before it could report them to the DHSMV....

...When a person charged with a noncriminal traffic infraction elects to pay the civil penalty by mail, and does so in a timely manner, although the person is deemed to have admitted the infraction, that "admission shall not be used as evidence in any other proceedings." § 318.14(4), Fla....

...PROCEDURES ON WITHHELD ADJUDICATION IN DRIVING WHILE LICENSE SUSPENDED; COSTS AND ENLARGMENT OF TIME TO COMPLY; RECORD OF CONVICTIONS (a) Costs. When a defendant charged with a criminal offense elects to exercise *180 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 pursuant tounder sections 960.20 and 960.25938.03 and 938.04, Florida Statutes, shallmust be assessed, in addition to the court costs assessed by section 318.14(10), Florida Statutes....

...(b)-(d) [No change] Committee Notes [No change] RULE 6.330. ELECTION TO ATTEND TRAFFIC SCHOOL (a) Attendance at School. Unless a mandatory hearing is required, or the defendant appears at a hearing before an official, a defendant may elect to attend a driver improvement school pursuant to section 318.14(9), Florida Statutes, within 30 days of receiving a citation or, if a hearing was requested, at any time before trial. Attendance at a driver improvement school shall not operate to waive the law enforcement education assessments under section 943.25, Florida Statutes. Any defendant electing to attend driver improvement school under section 318.14(9), Florida Statutes, will receive a withheld adjudication and not be assessed points....

...iving with a suspended license (DWLS). He contends that double jeopardy precludes his prosecution for felony DWLS because he pled nolo contendere to the underlying DWLS charge through the circuit court clerk, pursuant to administrative options under section 318.14(1), Florida Statutes (1997)....

...See § 322.34(2)(c), Fla. Stat. (1997). At the time petitioner was cited for DWLS, the sole reason his license was suspended was that he had failed to pay two traffic tickets on time. To resolve the matter, petitioner followed the procedures outlined in section 318.14(10)(a), Florida Statutes....

...The clerk accepted his paperwork and his plea, imposed $170 court costs, and withheld adjudication of guilt. When petitioner appeared in circuit court and asked to have his DWLS charge dismissed because of his plea disposition before the clerk, the state objected and argued that section 318.14(10)(a) did not apply to him....

...The state contended that petitioner could not utilize this administrative procedure to dispose of a felony DWLS charge. The trial court agreed and denied petitioner's motion to dismiss. To prevent further prosecution on the DWLS charge, petitioner filed for a writ of prohibition. Petitioner argues that he was eligible to use section 318.14(10)(a) to resolve his DWLS charge since his suspension was for failure to pay a fine. Sections 318.14(10)(a) and (b), Florida Statutes, provide in part as follows: (10)(a) Any person cited for an offense listed under this subsection may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof...

...Thus, petitioner argues, his conduct falls squarely within the purview of the statute. The state disagrees, arguing that because petitioner is charged with felony DWLS under section 322.34(2)(c), he does not qualify for the administrative disposition provided by section 318.14(10). Citing State v. Engel, 656 So.2d 546 (Fla. 5th DCA 1995), the state contends that the clerk lacked jurisdiction to dispose of the felony charge because it is not one of the offenses authorized for a section 318.14(10) administrative election....

...olation. Engel was arrested and charged with driver's license fraud, a third degree felony under section 322.212(5), Florida Statutes. He entered a plea before the clerk of county court on a related misdemeanor charge of license fraud, utilizing the section 318.14(10)(a) procedure....

...driver's license fraud charge. The fifth district held that the clerk of county court lacked statutory authority to accept a plea to the misdemeanor charge because a driver's license fraud violation is not listed as one of the offenses for which the § 318.14(10)(a) election may be used....

...rather than on the potential sanction for the offense. It does not distinguish between persons who qualify for misdemeanor penalties and those who meet the criteria for felony sanctions. The statute, as worded, covers all DWLS charges falling within section 318.14(10) and does not provide any exceptions....

...To do so would be to modify the express terms of the statute and, thereby, usurp legislative power. Id. In carving out this special section, the legislature provided courts with an alternative for handling license suspensions falling within this less culpable category. Section 318.14(10) does not apply to persons whose licenses were suspended for other reasons, such as DUI or drug possession convictions....

...akes steps to clear up the matter by paying the outstanding ticket and any additional penalties, fees and costs. As we stated in State v. Keirn, 720 So.2d 1085, 1088 (Fla. 4th DCA), rev. granted, 718 So.2d 168 (Fla. 1998), "by enacting this section [§ 318.14(10)], the legislature recognized *1097 that leniency was appropriate for certain types of license suspensions" and, thus, provided for adjudication to be withheld. In Keirn, we also ruled that every disposition of a DWLS charge outside section 318.14(10) amounts to a "conviction" and can lead to the enhanced penalties under section 322.34(2). This is so even if the presiding judge withheld adjudication on the DWLS charge after a plea or verdict. Id. at 1090. See also Raulerson v. State, 699 So.2d 339 (Fla. 5th DCA 1997). Given these consequences of a DWLS disposition outside section 318.14(10), it becomes even more compelling to strictly construe section 318.14(10) to permit any driver whose license was suspended solely for nonpayment of a fine to use this administrative election procedure and avoid a conviction....

...Under most circumstances, this would be correct. See Engel, 656 So.2d at 548 (holding that circuit court has exclusive jurisdiction over all felonies and misdemeanors arising out of the same circumstances as the felony); § 26.012(2), Fla. Stat. (1993). However, section 318.14(10)(a) specifically confers authority upon the clerk of court to follow this procedure for anyone whose license was suspended for failing to pay a fine....

...atutory criteria. Since the statute does not specifically restrict the administrative election to nonfelony traffic offenses, we conclude that petitioner's no contest plea to DWLS and payment of court costs to the clerk of circuit court, pursuant to section 318.14(10), Florida Statutes, properly disposed of the charge....

...Based on Woodruff, the state could not succeed in prosecuting the felony DWLS charge in this case, because the state would be unable to prove a misdemeanor DWLS conviction for the present offense. The petitioner did not receive a conviction on the DWLS as a result of his plea. Pursuant to the terms of section 318.14(10)(a), adjudication was withheld....

contendere pleas pursuant to the authority of section 318.14(9) and (10), Florida Statutes. Where any person’s

withheld adjudication under the provisions of section 318.14(10), Florida Statutes, law enforcement education

general operations of the department. (e.s.) Section 318.14(9), Florida Statutes (1994 Supp.), provides

...Under any of these circumstances the civil traffic infraction shall be treated as continued for the purpose of reporting to the Department. Prior to the date of the scheduled hearing or trial, an alleged offender may dispose of any nonmandatory civil traffic infraction in the manner provided by these rules and section 318.14, Florida Statutes....

...The function of the bureau shall be to accept appearances, waivers of non-criminal hearings, admissions, payment of civil penalties for traffic infractions not requiring a mandatory hearing, and nolo contendere pleas *1112 underpursuant to the authority of section 318.14(9) and (10), Florida Statutes....

...ued for the purpose of reporting to the ~department. Prior to the date of the scheduled hearing or trial, an alleged of fendera defendant may dispose of any non-mandatorynonmandatory civil traffic infraction in the manner provided by these rules and section 318.14, Florida Statutes....

...In addition to any other allowable costs, additional court costs of up to five do!lars$5 may be assessed, if authorized by administrative order of the chief judge of the circuit, be assessed. *459 (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 CommentsNotes 1990 Amendments. Fla.Stat. {(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 $504)0 for the local government criminal justice trust fund....

...may not extend the time for making a motion for a new hearing, or for taking an appeal. (b) Withheld Adjudications. When an alleged offendera defendant elects to exercise the option of receiving a withheld adjudication pursuant to the provisions of section 318.14(9) or (10), Florida Statutes, the clerk mayshall allow the offenderdefendant such additional time, not exceeding 60 days, as may be reasonably necessary to fulfill the statutory requirements....

...ddition to the penalty imposed. (b) No Hearing Required. WhereWhen no hearing is required or held and the effenderdefendant admits the commission of the offense by paying the penalty or receiving a withheld adjudication pursuant to-the provisions of section 318.14(9) or (10), Florida Statutes, costs and surcharges as provided by law or administrative order may be imposed, the folio wing-costs--may, if-author-ized-by- administrative order of the chief judge of the circuit,--be-deducted from, or i...

...ars-for all moving infractions. (c) The assessmente-for-Iaw-enforcement training established in section 943,25, Florida Statutes, shall be collected in addition to the civil penalty if there is a hearing, or, in addition-tQ-the-costs-^equired under- section 318.14(9)-and-flO), Florida Statutes....

...in Cchapter 322, Florida Statutes, and section 943.25, Florida Statutes, unless adjudication is withheld by an official in those cases in which withholding of adjudication is not otherwise prohibited by statute or rule of procedure. Elections under section 318.14(9) or (10), Florida Statutes, wherewhen adjudication is withheld, shall not constitute convictions, but shall involve the collections of assessments pursuant to section 943.25, Florida Statutes....

...Any request for a hearing shall be made within a reasonable period of time after the commission of the alleged offense. If an election to attend a hearing is granted and it is determined that the infraction was committed, the offenderdefendant shall be subject to the penalty provisions of section 318.14(5), Florida Statutes....

infraction in the manner provided by these rules and section 318.14, Florida Statutes. Committee Notes 1990 Amendment

1 and it was a non-criminal infraction, see Section 318.14(1), Florida Statutes, therefore the stop was

the prior violation was disposed of pursuant to § 318.14(10), Florida Statutes, a withhold of adjudication

...4th DCA 2017)). Here, the defendant raised the surcharge assessment in a Rule 3.800(b)(2) motion. By doing so, she preserved the issue. Section 938.04, Florida Statutes (2021), provides for the imposition of a five percent surcharge when a fine or cost is imposed under section 318.14(10), Florida Statutes (2021)....

...trial court to strike it from the probation order. Affirmed in part; Reversed in part. GERBER and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 1 Section 318.14, Florida Statutes (2021), relates to noncriminal traffic infractions, and does not apply to the defendant’s charges. 3 

the 2008 legislation added subsection (13) to section 318.14, Florida Statutes, which provides: "(13)(a)

...The petitioner seeks a writ of prohibition to prevent the lower court from proceeding with a criminal prosecution on the charge of felony driving while license suspended. The suspension stems from several unpaid civil driving infractions. The petitioner took advantage of the procedures outlined in section 318.14(10)(a), Florida Statutes, paid his fines and secured the reinstatement of his license prior to his arraignment on the felony charges....

...5 A person who elects not to appear and to pay the statutory penalty and fees "shall be deemed to have admitted the infraction and to have waived his or her right to a hearing on the issue of commission of the infraction." 6 The penalties imposed for a noncriminal disposition pursuant to section 318.14 , Florida Statutes, are set forth in section 318.18 , Florida Statutes....

...on which the traffic citation was issued, and pays $4 to the law enforcement agency, thereby completing the affidavit of compliance, then upon presentation of said affidavit by the defendant to the clerk within the 30-day time period set forth under s. 318.14 (4), the fine must be reduced to $7.50, which the clerk of the court shall retain....

...es 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. 3 Section 318.14 (1), Fla. Stat. 4 Section 318.14 (2), Fla. Stat. 5 Section 318.14 (4), Fla....

...signation. See § 316.1895, Fla. Stat. (2010). Subsection (10) provides that a “[violation of the speed limits established pursuant to this section must be cited as a moving violation, punishable as provided in chapter 318.” Id. § 316.1895(10). Section 318.14(1) provides that “any person cited for a violation of chapter 316 ... is charged with a noncriminal infraction and must be cited for such an infraction and-cited to appear before . an official,” § 318.14(1), Fla. Stat. (2010). . . . . " Section 318.14(4)(a) provides that a person charged with a noncriminal infraction, who does not elect to appear before an official within thirty days after the issuance of the citation shall: “1. Pay the civil penalty and delinquent fee, if applicable, either by mail or in person; or 2. Enter into a payment plan in accordance with s. 28.246 -with the clerk of the court to pay the civil penalty and delinquent fee, if applicable.” Id. § 318.14(4)(a)....

...If a person charged with a noncriminal traffic infraction elects to appear before an official at a hearing, the official “shall make a determination as to whether an infraction has been committed,” and if one has been committed, “the official may impose a civil penalty.” Id. § 318.14(5)....

...However, if a person simply pays the citation or enters into a payment plan without appearing before an official, that person is “deemed to have admitted the infraction and to have waived his or her right to a hearing on the issue of commission of the infraction.” Id. § 318.14(4)(b)....

...ving a motor vehicle without a valid inspection certificate. The court held that there was no right to a jury trial for this offense under the state constitution. Justice Adkins pointed out that this was a non-criminal traffic infraction pursuant to section 318.14(1), Florida Statutes (1975), which was not punishable by incarceration....

form indicating that he was electing under section 318.14(10)(a), Florida Statutes (1993) to have adjudication

...tate law, there shall be imposed as an additional cost in the case, in addition and prior to any cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld pursuant to the provisions of s. 3 18.14 (Emphasis added.) Section 318.14(10) relates to withholding adjudication in noncriminal traffic infraction cases and is not pertinent to the resolution of this appeal....

...for violating a criminal law defining a felony, misdemeanor, or criminal traffic offense, or any municipal or county ordinance that adopts by reference any misdemeanor under state law, or (2) where adjudication of delinquency is withheld pursuant to section 318.14(10) (which is not relevant to this appeal)....

involved in this case was “decriminalized” by section 318.14(1), Florida Statutes (1979). The circuit court

...J., and ADKINS, BOYD, SUNDBERG and ALDERMAN, JJ., concur. . State v. Petruzzelh, No. 77-13304MM10 (Broward Ct. Ct. April 4, 1978). . We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution, and Florida Rule of Appellate Procedure 9.330. . E.g., § 318.14(3), misdemeanor in noncriminal traffic violations; § 943.464, civil remedy in Racketeer Influenced and Corrupt Organization Act; §§ 545.08-.12, forfeiture of charter rights, injunction, civil remedy, and criminal penalty for violation of...

...est. A circuit judge, in exercising his arrest powers, must comply with the foregoing statutory provision. Generally, also see 6A C.J.S. Arrest ss. 48, 63. The present inquiry is directed to arrests for violations of the Uniform Traffic Control Law. Section 318.14 , F....

surcharge on any fine or costs imposed pursuant to section 318.14(10), Florida Statutes, however, here neither

...A general discussion of how citations may be served, however, may provide some assistance under other circumstances. Violations of Chapter 316 , Florida Statutes, with the exception of criminal offenses enumerated therein, are noncriminal infractions for which individuals are cited. 12 Section 318.14 (2), Florida Statutes, states: "Except as provided in s....

...(1995), contains specific exceptions for turning right on red after stopping and left on red from a one-way street intersecting a one-way street with traffic moving to the left. 3 Section 316.006 (3)(a), Fla. Stat. (1995). 4 Section 316.008 (1)(w), Fla. Stat. (1995). 5 Section 318.141(2)(a), Fla....

...Chief George Ferris of the Fort Meade Police Department has indicated that, at times during the demonstration project, officers were placed at the intersections where cameras were operating, and citations were issued to motorists who ran the light. 12 See , s. 318.14 (1), Fla. Stat. (1995). 13 Section 318.14 (3), Fla....

operation or maintenance of a toll facility." Section 318.14, Florida Statues, sets forth the procedures

violations not requiring a mandatory appearance. Section 318.14(9), F.S. 1989, formerly provided that a person

...h statutory criteria. See id. § 322.27(5)(b) (If a person whose license is revoked “as a result of a third violation of driving a motor vehicle while his or her license is suspended or revoked provides proof of compliance for an offense listed in s. 318.14(10)(a) 1.-5., the clerk of court shall submit an amended disposition to remove the habitual traffic offender designation.”). After the entry of final judgment against her, Strickland filed a motion requesting that the trial court—...

...remove the HTO designation and forward the amended disposition to the Florida Department of Highway Safety and Motor Vehicles for removal of the designation as to Strickland. The trial court, however, ruled that Strickland must first comply with the procedural requirements of section 318.14(10)(b), Florida Statutes, which requires that a person cited for an applicable offense seeking a withholding of adjudication “shall present proof of compliance before the scheduled court appearance date.” Strickland contended that...

penalties and procedures for their disposition. Section 318.14, F.S. (1986 Supp.), vests jurisdiction in the

exceeds the authorized statutory maximum. See § 318.14(3), Fla.Stats. (1991); id. § 775.082(4)(b); Littles

offender is subject to the penalty provisions of section 318.14(5), Florida Statutes. The person shall be given

offender is subject to the penalty provisions of section 318.14(5) of Florida Statutes. The person shall be

Appellant’s motion for rehearing is denied. Under section 318.14(10), Florida Statutes (1995), persons cited

than three elections under this subsection. Section 318.14, F.S., is subtitled "[n]oncriminal traffic

...Under any of these circumstances the civil traffic infraction shall be treated as continued for the purpose of reporting to the Department. Prior to the date of the scheduled hearing of trial, an alleged offender may dispose of any non-mandatory civil traffic infraction in the manner provided by these rules and section 318.14, Florida Statutes....

...various chapters related to the licensure and operation of motor vehicles. A number of drivers’ license violations deriving from the requirements of chapter 322 have been designated by the legislature as “noncriminal traffic infractions.” See § 318.14, Fla....

...Unless a mandatory hearing is required, or the defendant appears at a hearing before an official, a defendant who does not hold a commercial driver license or commercial learner permit may elect to attend a driver improvement schoolcourse pursuant to section 318.14(9), Florida Statutes, within 30 days of receiving a citation or, if a hearing was requested, at any time before trial....

...Attendance at a driver improvement school shall not operate to waive the law enforcement education assessments under section 943.25, Florida Statutes. APursuant to this rule, any defendant electing to attend a driver improvement schoolcourse under section 318.14(9), Florida Statutes, will receive a withheldhave adjudication withheld and not be assessed points. (b) Location of SchoolCourse....

...d in chapter 322, Florida Statutes, and section 943.25, Florida Statutes, unless adjudication is withheld by an official in those cases in which withholding of adjudication is not otherwise prohibited by statute or rule of procedure. Elections under section 318.14(9) or (10), Florida Statutes, when adjudication is withheld, shall not constitute convictions, but shall involve the collections of assessments pursuant to section 943.25, Florida Statutes.A defendant’s admission or an official’s d...

...that the defendant committed a traffic infraction constitutes a “conviction” as that term is used in chapters 318 and 322, Florida Statutes, and section 943.25, Florida Statutes, unless the official withheld adjudication as permitted by law. Elections under section 318.14(9) or (10), Florida Statutes, when adjudication is withheld, do not constitute convictions, but require collection of assessments under section 943.25, Florida Statutes. - 14 - RULE 6.570....

...318.15(1)(c), Florida Statutes. If an election to attendthe official grants the defendant’s request for a hearing is granted and it is determineddetermines that the defendant committed the infraction was committed, the defendant shall be subject to the penalty provisions of section 318.14(5), Florida Statutes....

...was committedschedule a hearing for the official to determine whether the defendant committed the violation. If, after the hearing, the official finds the defendant committed the violation, the defendant shall be subject to the penalty provisions of section 318.14(5), Florida Statutes. (c) Reinstatement of License....

...The defendant shall be given a form supplied by the department, certified by the official, to be taken to the nearest driver license examining station to have the driving privilege reinstatedthe official finds the defendant committed the violation, the defendant shall be subject to the penalty provisions of section 318.14(5), Florida Statutes....

...rated by the clerks of court. Section 318.18 (8)(a), Florida Statutes, provides: "Any person who fails to comply with the court's requirements or who fails to pay the civil penalties specified in this section within the 30-day period provided for in s. 318.14 must pay an additional civil penalty of $12, $2.50 of which must be deposited into the General Revenue Fund, and $9.50 of which must be deposited in the Highway Safety Operating Trust Fund....

...ted. The function of the bureau shall be to accept appearances, waivers of noncriminal hearings, admissions, payment of civil penalties for traffic infractions not requiring a mandatory hearing, and nolo contendere pleas pursuant to the authority of section 318.14 (9) and (10), Florida Statutes....

...r 2, 1980. He argued that the amended portion of section 318.18(3) (the amended portion took effect on October 1, 1980) was unconstitutional. Section 318.18 provides in pertinent part: The penalties required for a noncriminal disposition pursuant to s. 318.14(1), (2), and (4) shall be as follows: (3) Twenty-five dollars for all moving violations not requiring a mandatory appearance....

...It is conceivable that the legislature felt that speeds over 65 mph were more likely to occur in zones where 55 mph speeds were already allowed and, therefore, chose to legislate against only this evil. The trial court additionally felt that there was a conflict between sections 318.-18(3) and 318.14(5), stating: ■ [T]he enhanced penalty section can be totally evaded should the driver elect to appear before the official hearing the case [since section 318.14(5) provides]: Any person electing to appear before the designated official or who is required so to appear shall be deemed to have waived his right to the civil penalty provisions of 318.18. (emphasis added). Thus, there appears to be a conflict or inconsistency between the language of F.S. 318.18(3) and 318.14(5), because the person not electing to appear can pay a greater penalty than one who does elect to appear....

...together in harmony with the whole course of legislation upon the subject, it is their duty to do so. It is true that the person not electing to appear in court may end up paying a greater penalty then one who does appear. However, the provisions of section 318.14(5) that one charged with a traffic infraction enumerated therein may either pay the civil penalty established in section 318.18 or request a full hearing to contest the citation and that, if commission of the infraction is proven, the...

...her) even if the $25 fine prescribed in section 318.18(3) for moving violations in general is waived. While this provision might at first glance seem to conflict with the absolute waiver of the civil penalty provisions of section 318.18 set forth in section 318.14(5), it is readily apparent that there is no real conflict. The clear intent of section 318.14(5), as evidenced by the use of the language that a person electing to appear in court waives his right to the civil penalty provisions, is that such a person gives up his right to be fined only a nominal sum (no more than $25) and takes the risk of being fined up to $500, as well as the risk of being required to attend a driver improvement school. In other words, section 318.14(5) was clearly not intended to prohibit the assessment of a fine in the amount of the prescribed civil penalty provisions against a person who appears in court, but only to afford the hearing official the discretion to vary the amount of the fine either up or down....

...a hearing and may be required to agree to attend a driver school or may agree to attend a hearing. If an election to attend a hearing is made and it is determined that the infraction was committed the offender is subject to the penalty provisions of section 318.14(5), Florida Statutes....

...later) should not be allowed to elect a hearing in those cases where the state has been prejudiced by the passage of time. *282 PRESENT RULE order to have the driving privilege reinstated. PROPOSED RULE shall be subject to the penalty provisions of section 318.14(5), Florida Statutes....

shall be subject to the penalty provisions of Section 318.14(5), Florida Statutes. The person shall be given

...nalty, assess $3 as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14 (9) or (10) shall also be assessed such cost....

...o.2d 1129 (Fla. 1986), to provide: "The assessments for law enforcement training established in section 943.25 , Florida Statutes, shall be collected in addition to the civil penalty if there is a hearing, or, in addition to the costs required under section 318.14 (9) and (10), Florida Statutes." During the 1986 Legislative Session, s....

...shall be treated as continued for the purpose of reporting to the department. Prior to the date of the scheduled hearing or trial, a defendant may dispose of any nonmandatory civil traffic infraction -4- in the manner provided by these rules and section 318.14, Florida Statutes. Committee Notes [No Change] RULE 6.455....

...Under any of these circumstances the civil traffic infraction shall be treated as continued for the purpose of reporting to the Department. Prior to the date of the scheduled hearing of trial, an alleged offender may dispose of any non-mandatory civil traffic infraction in the manner provided by these rules and section 318.14 of Florida Statutes....

...s the authority to charge defendants a $25.00 fee for the granting of such a continuance. 8. The Florida Legislature has enacted statutes which authorize the imposition of costs against a defendant after an adjudi *154 cation of guilt or pursuant to § 318.14(10), F.S....

...in traffic offenses. Chapter 74-377, Laws of Florida, is known as the "Florida Uniform Disposition of Traffic Infractions Act" and provides generally that persons cited for traffic offenses shall be deemed to be charged with noncriminal infractions. Section 318.14 (1), F.S., created by Ch....