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Florida Statute 318.15 - Full Text and Legal Analysis
Florida Statute 318.15 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS
View Entire Chapter
318.15 Failure to comply with civil penalty or to appear; penalty.—
(1)(a) If a person fails to comply with the civil penalties provided in s. 318.18 within the time period specified in s. 318.14(4), fails to enter into or comply with the terms of a penalty payment plan with the clerk of the court in accordance with ss. 318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court must notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such failure. Upon receipt of such notice, the department must immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). The order also must inform the person that he or she may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for court-related fines, fees, service charges, and court costs. Any such suspension of the driving privilege which has not been reinstated, including a similar suspension imposed outside of this state, must remain on the records of the department for a period of 7 years from the date imposed and must be removed from the records after the expiration of 7 years from the date it is imposed. The department may not accept the resubmission of such suspension.
(b) However, a person who elects to attend driver improvement school and has paid the civil penalty as provided in s. 318.14(9) but who subsequently fails to attend the driver improvement school within the time specified by the court is deemed to have admitted the infraction and shall be adjudicated guilty. If the person received an 18-percent reduction pursuant to s. 318.14(9), the person must pay the clerk of the court that amount and a processing fee of up to $18, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund, after which additional penalties, court costs, or surcharges may not be imposed for the violation. In all other such cases, the person must pay the clerk a processing fee of up to $18, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund, after which additional penalties, court costs, or surcharges may not be imposed for the violation. The clerk of the court shall notify the department of the person’s failure to attend driver improvement school and points shall be assessed pursuant to s. 322.27.
(c) A person who is charged with a traffic infraction may request a hearing within 180 days after the date upon which the violation occurred, regardless of any action taken by the court or the department to suspend the person’s driving privilege, and, upon request, the clerk must set the case for hearing. The person shall be given a form for requesting that his or her driving privilege be reinstated. If the 180th day after the date upon which the violation occurred is a Saturday, Sunday, or legal holiday, the person who is charged must request a hearing within 177 days after the date upon which the violation occurred; however, the court may grant a request for a hearing made more than 180 days after the date upon which the violation occurred. This paragraph does not affect the assessment of late fees as otherwise provided in this chapter.
(2) After the suspension of a person’s driver license and privilege to drive under subsection (1), the license and privilege may not be reinstated until the person complies with the terms of a periodic payment plan or a revised payment plan with the clerk of the court pursuant to ss. 318.14 and 28.246 or with all obligations and penalties imposed under s. 318.18 and presents to a driver license office a certificate of compliance issued by the court, together with a nonrefundable service charge of $60 imposed under s. 322.29, or presents a certificate of compliance and pays the service charge to the clerk of the court or a driver licensing agent authorized under s. 322.135 clearing such suspension. Of the charge collected, $22.50 shall be remitted to the Department of Revenue to be deposited into the Highway Safety Operating Trust Fund. Such person must also be in compliance with requirements of chapter 322 before reinstatement.
(3) The clerk shall notify the department of persons who were mailed a notice of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter into, or comply with the terms of, a penalty payment plan, or order with the clerk to the local hearing officer or failed to appear at a scheduled hearing within 10 days after such failure, and shall reference the person’s driver license number, or in the case of a business entity, vehicle registration number.
(a) Upon receipt of such notice, the department, or authorized agent thereof, may not issue a license plate or revalidation sticker for any motor vehicle owned or co-owned by that person pursuant to s. 320.03(8) until the amounts assessed have been fully paid.
(b) After the issuance of the person’s license plate or revalidation sticker is withheld pursuant to paragraph (a), the person may challenge the withholding of the license plate or revalidation sticker only on the basis that the outstanding fines and civil penalties have been paid pursuant to s. 320.03(8).
History.—s. 1, ch. 74-377; s. 1, ch. 80-262; s. 6, ch. 86-154; s. 333, ch. 95-148; s. 9, ch. 96-413; s. 50, ch. 97-300; s. 8, ch. 99-248; s. 98, ch. 2003-402; s. 1, ch. 2003-410; s. 59, ch. 2004-265; s. 23, ch. 2006-290; s. 6, ch. 2006-296; s. 32, ch. 2008-111; s. 2, ch. 2009-6; s. 11, ch. 2009-61; s. 5, ch. 2009-71; s. 2, ch. 2010-107; s. 16, ch. 2011-66; s. 17, ch. 2012-181; s. 8, ch. 2013-160; s. 16, ch. 2014-216; s. 47, ch. 2018-118; s. 9, ch. 2019-42; s. 17, ch. 2019-58; s. 10, ch. 2021-116.

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Amendments to 318.15


Annotations, Discussions, Cases:

Cases Citing Statute 318.15

Total Results: 16  |  Sort by: Relevance  |  Newest First

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In Re Amendments to the Florida Rules of Traffic Court, 24 So. 3d 176 (Fla. 2009).

Cited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 655, 2009 Fla. LEXIS 2016, 2009 WL 4347311

...On motion of the defendant or on the official's own motion, an official may must allow a reasonable amount of time, no less than 30 days, before requiring the payment of any penalty imposed. If payment is not made after such extension or further extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes....
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In re Florida Rules of Practice & Procedure for Traffic Courts, 477 So. 2d 542 (Fla. 1985).

Published | Supreme Court of Florida | 10 Fla. L. Weekly 539, 1985 Fla. LEXIS 3911

considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) In relation to elections
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In re Florida Rules of Practice & Procedure for Traffic Courts, 494 So. 2d 1129 (Fla. 1986).

Published | Supreme Court of Florida | 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670

considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) In relation to elections
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In re Florida rules of Practice & Procedure for Traffic Courts, 458 So. 2d 1112 (Fla. 1984).

Published | Supreme Court of Florida | 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382

...If payment is not made after such extension or extensions the failure to pay shall be reported to the-department within ten days- for the purpese-of-suspending the offenders driving license, such action will be considered a failure to comply for *1115 purposes of section 318.15, Florida Statutes....
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In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts, 608 So. 2d 451 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

...UponOn motion of the offenderdefendant or upon hison the official’s own motion, an official may allow a reasonable amount of time before requiring the payment of aany penalty imposed. If payment is not made after such extension or extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes....
...In any case wherein which a per-sondefendant elects to attend driver⅛ school but fails to appear for or complete the course, a notice of failure to complete the course shall be sent to the department within 5 days after the failure to comp^ in order to comply with the requirements of section 318.15(1), Florida Statutes....
...In any case wherein which no mandatory hearing is required and the persondefen-dant has signed and accepted a citation but fails to pay the civil penalty or appear, *466 notice of such failure shall be sent to the department within 5 days after the failure to comply! in order to comply with the requirements of section 318.15(1), Florida Statutes....
...In any case wherein which a hearing is held, if it is determined that the infraction was committed and a penalty is imposed but the penalty is not fulfilled, notice of such failure shall be sent to the department within 5 days after the failure to comply! in order to comply with the requirements of section 318.15(1), Florida Statutes....
...In any case wherein which a mandatory hearing is required and the persondefendant fails to appear, notice of such failure to appear shall be sent to the department within 5 days after the failure to comply! ⅛ order to comply with the requirements of section 318.15(1), Florida Statutes....
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State v. Addleman, 388 So. 2d 1230 (Fla. 1980).

Published | Supreme Court of Florida | 1980 Fla. LEXIS 4365

order of the Broward County Court holding section 318.-15, Florida Statutes (1977), concerning driver
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Kinman v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989).

Published | Florida 5th District Court of Appeal | 1989 WL 129799

...Accordingly, we quash the sentence and remand for resentencing. QUASH sentence; REMAND. DANIEL, C.J., and HARRIS, Associate Judge, concur. NOTES [1] § 831.02, Fla. Stat. (1987) (uttering a false or forged instrument); § 831.01, Fla. Stat. (1987) (forgery). [2] This testimony is confirmed by section 318.15 Florida Statutes (1987) which states: (1) If a person fails to comply with the civil penalties provided in s....
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State v. Wooden, 92 So. 3d 886 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 WL 2849648, 2012 Fla. App. LEXIS 11111

...of the required three suspensions because it was contained within the provision which reduced the charge to a misdemeanor, § 322.34(2)(b), Fla. Stat. (2011), 3 when the suspension was based on the failure to comply with a civil penalty required in section 318.15, Florida Statutes (2011). See § 322.34(10)(a)3., Fla. Stat. (2011). 4 We disagree and reverse. *888 • ■ The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15,” § 822.34(10)(a)3., includes by reference all the provisions of section 318.15, including the failure to appear at a scheduled hearing as involved in this case. Contrary to the ruling below, we think the answer is self-evidently no. Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” It says only failure to comply with a civil penalty required in that section....
...8 1. Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with a civil penalty required in s. 318.15; 4....
...322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(l)(d) as a result of suspensions of his or her driver’s license or driver privilege for any underlying violation listed in subparagraphs 1. — 5. (Emphasis added). * Section 318.15, in turn, provides: (1)(a) If a person fails to comply with the civil penalties provided in s....
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

...tate or any agency thereof for completing, sealing, signing, and submitting the D-6 (court report) form promulgated by the Department of Highway Safety and Motor Vehicles for reporting the failure of any person to appear at a hearing as specified in s. 318.15 , F....
...S., or to pay any civil penalty imposed by a traffic court or otherwise fail to comply with the requirements thereof under the provisions of Ch. 318, F. S., to the Department of Highway Safety and Motor Vehicles for the purpose of effecting a suspension of such driver's license and privileges as directed by s. 318.15 ....
...is supplied.) for the completion of these forms and reporting such defaults to the department for driver's license suspensions. I am informed by the department that the D-6 (court report) forms are promulgated in order to implement the provisions of s. 318.15 , F....
...S., which provides for the suspension of a driver's license and privileges effective on the date that any person fails to appear at the hearing specified therein or fails to comply with any civil penalty imposed by the traffic court under the provisions of Ch. 318, F. S. Section 318.15 , F....
...S., expressly provides that a person's driver's license and privileges are deemed or taken to be suspended as of the date he fails to appear at the hearing as specified therein, or to comply with the civil penalty imposed by the traffic court or otherwise fails to comply with the requirements of s. 318.15 ....
...usive unless the same are superseded or reversed by said department or by a court of competent jurisdiction.' Thus, until determined otherwise by the court, the department's promulgation and implementation of the D-6 forms appear to be authorized by s. 318.15 , F. S., read with s. 322.02 , F. S., in order to assist both the traffic courts and the officials of the Division of Driver Licenses in carrying out the legislative intent and purpose shown in s. 318.15 regarding the suspension of drivers' licenses. The Florida Rules of Court (1979) appear to recognize the department's responsibility and authority to promulgate rules to carry out the provisions of s. 318.15 since Fla....
...ate or any agency thereof for the completion and submission of these court report forms to the department or for performing any duty of, or of assistance to, the court or the department in carrying out the legislative intent and purpose expressed in s. 318.15 , F....
...Stoutamire, supra at 685 ; Pridgeon v. Folsom, supra . Thus, an officer demanding fees or service charges from either individuals or the state or other governmental bodies must point to a particular statute clearly authorizing them. Applying such rules to ss. 318.15 and 322.02 , F....
...318.14 do not empower the traffic court to impose and collect any service charges against the state for certifying the reports to the department as required therein. I am not aware of any reason why a report completed and submitted to the department under s. 318.15 should be considered any different than those reports certified to the department pursuant to s. 318.14 (7) and (8) with respect to the making and collecting of any service charge from the state or any agency thereof. Moreover, it is evident from the statutes that s. 318.15 , F....
...tatute to make and collect any service charge against the state or the department for completing, sealing, signing, and submitting the D-6 forms promulgated by the department for reporting the failure of any person to comply with the requirements of s. 318.15 to the department for the purpose of effecting the suspension of the driver's license and privileges as directed by s. 318.15 ....
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In re Florida Rules of Practice & Procedure for Traffic Courts, 410 So. 2d 1337 (Fla. 1982).

Published | Supreme Court of Florida | 1982 Fla. LEXIS 2355

notice shall be sent to the person pursuant to section 318.15(1), Florida Statutes, unless such a notice
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In re Amendments to the Florida Rules of Traffic Court, 105 So. 3d 1267 (Fla. 2012).

Published | Supreme Court of Florida | 2012 Fla. LEXIS 2685, 2012 WL 6619336

...Under the proposed amendment, a clerk is required to set a defendant’s case for hearing upon a defendant’s request within the six-month period. After the Court considered and rejected the proposed amendments to rule 6.600(c), we became aware of the enactment of new legislation amending section 318.15, Florida Statutes (2012). See ch.2012-181, § 17 at 18, Laws of Fla. The new legislation mirrors several of the Committee’s proposed amendments to rule 6.600(c). In particular, the new legislation adds an additional paragraph to section 318.15 that addresses when a defendant, whose driver license has been suspended, may request and obtain a hearing....
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State v. Gomez, 103 So. 3d 258 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 21680, 2012 WL 6603080

WELLS, Chief Judge. The State appeals a trial court’s ruling granting defendant’s motion to dismiss and, citing section 318.15, Florida Statutes (2011), reducing the charge of unlawful driving as a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2011), a third degree felony, to a second degree misdemeanor. We find State v. Wooden, 92 So.3d 886, 888 (Fla. 3d DCA 2012) determinative, and reverse on that basis. 1 As we stated in Wooden : The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15,” § 322.34(10)(a)3„ includes by reference all the provisions of section 318.15, including the failure to appear at a scheduled hearing as involved in this case. Contrary to the ruling below, we think the answer is self-evidently no. Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” It says only failure to comply with a civil penalty required in that section....
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In Re: Amendments to the Florida Rules of Traffic Court., 252 So. 3d 704 (Fla. 2018).

Published | Supreme Court of Florida

...within 5 days after an offender’s failure to comply on a form to be supplied by the department. Any noncompliance may be determined without the necessity of holding a hearing.The clerk shall report to the department a defendant’s failure to comply as required by section 318.15 or 322.245, Florida Statutes....
...fails to appear for or timely complete the course, the clerk must send a notice of the failure to complete the course shall be sent to the department within 510 days after the failure to comply, in order to comply with the requirements ofas required by section 318.15(1), Florida Statutes. (b) Appearance After Notice Sent....
...tment has suspendedsuspends the driver license, the clerk shall so notify the department shall be notified on a form to be supplied by the department immediately after the defendant satisfies the civil penalty as provided inrequired by section 318.18318.15(1)(b), Florida Statutes, has been fulfilled. The clerk shall refer the case to the official who shall adjudicate the defendant guilty of the infraction as required by section 318.15(1)(b), Florida Statutes. (c) Reinstatement of License....
...suspended, the defendant must fulfill the, the clerk shall refer the case to the official who shall adjudicate the defendant guilty of the infraction, and shall assess all applicable civil penalties as required bypenalty as provided in section 318.18318.15(1)(b), Florida Statutes, and....
...tisfaction of the penalties, and shall indicate that the defendant’s driving privileges are eligible for reinstatement. Committee Note - 16 - 2018 Amendment. Section 318.15(1)(b), Florida Statutes, requires adjudication of guilt for a defendant who elects a driver improvement course and fails to attend the course within the time required by the court. RULE 6.600....
...citationbeen cited but fails to pay the civil penalty or appear, the clerk must send the department notice of such failure shall be sent to the department within 5 days after the failure to comply, in order to comply with the requirements ofas required by section 318.15(1), Florida Statutes. (b) Appearance After Notice Sent....
..., together with any additional penalty required by section 318.18(8)(a), Florida Statutes, or request a hearing. Any request for a hearing shallmust be made within a reasonable period of time after the commission of the alleged offenseas provided by section 318.15(1)(c), Florida Statutes....
...the penalty is not fulfilled,satisfied within the time set by the court, the clerk shall send notice of such failure shall be sent to the department within 5 days after the failure to comply, in order to comply with the requirements ofas required by section 318.15(1), Florida Statutes. (b) Appearance After Notice Sent....
...clerk shall notify the department shall be notified on a form to be supplied by the departmentimmediately after the defendant satisfies the penalty imposed has been fulfilledby the official together with additional penalties as required by sections 318.15 and 318.18, Florida Statutes. (c) Reinstatement of License. If the defendant appears before the clerk after the department suspends the driver license has been suspended, the defendant must fulfillsatisfy the penalty and any other penalties required by sections 318.15 and 318.18, Florida Statutes....
...In any case in which a mandatory hearing is required and theIf a defendant fails to appear, for a mandatory hearing, the clerk shall send notice of such failure to appear shall be sent to the department within 5 days after the failure to comply, in order to comply with the requirements of, as required by section 318.15(1), Florida Statutes. (b) Appearance After Notice Sent....
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Florida Bar, 530 So. 2d 274 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343

...re no mandatory hearing is required and the person has signed and accepted a citation but fails to pay the civil penalty or appear, notice of such failure shall be sent to the department within 5 days after failure to comply with the requirements of section 318.15(1)....
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Florida Bar, 536 So. 2d 181 (Fla. 1988).

Published | Supreme Court of Florida | 1988 Fla. LEXIS 1471, 1988 WL 143332

in order to comply with the requirements of Section 318.15(1), Florida Statutes. (b) If the person alleged
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Lipovsky v. State, 854 So. 2d 707 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 12214, 2003 WL 21946461

...ipov-sky’s license had been suspended. However, the State did not establish that the suspension was for one of the reasons enumerated under section 322.34(6)(b). Instead, it appears that Lipovsky’s license was automatically suspended pursuant to Section 318.15, Florida Statutes (2000), because he failed to pay traffic fines and to appear in response to traffic summonses. Because the suspension of a license under section 318.15 is not one of the qualifying suspensions under section 322.34(6)(b), and because the State did not otherwise establish that Lipovsky’s license was suspended for one of the reasons identified in section 322.34(6)(b), his conviction and sentence must be reversed....