|
The 2025 Florida Statutes
|
|
|
F.S. 318.15318.15 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 318.15
Total Results: 16
24 So. 3d 176, 34 Fla. L. Weekly Supp. 655, 2009 Fla. LEXIS 2016, 2009 WL 4347311
Supreme Court of Florida | Filed: Dec 3, 2009 | Docket: 1648799
Cited 1 times | Published
considered a failure to comply for purposes of section 318.15, Florida Statutes.
(b) [No change]
*181 Committee
252 So. 3d 704
Supreme Court of Florida | Filed: Aug 30, 2018 | Docket: 7775001
Published
defendant's failure to comply as required by section 318.15 or 322.245, Florida Statutes. Unless required
105 So. 3d 1267, 2012 Fla. LEXIS 2685, 2012 WL 6619336
Supreme Court of Florida | Filed: Dec 20, 2012 | Docket: 60227783
Published
of the enactment of new legislation amending section 318.15, Florida Statutes (2012). See ch.2012-181,
103 So. 3d 258, 2012 Fla. App. LEXIS 21680, 2012 WL 6603080
District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227058
Published
granting defendant’s motion to dismiss and, citing section 318.15, Florida Statutes (2011), reducing the charge
92 So. 3d 886, 2012 WL 2849648, 2012 Fla. App. LEXIS 11111
District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310375
Published
to comply with a civil penalty required in section 318.15, Florida Statutes (2011). See § 322.34(10)(a)3
854 So. 2d 707, 2003 Fla. App. LEXIS 12214, 2003 WL 21946461
District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 64825149
Published
license was automatically suspended pursuant to Section 318.15, Florida Statutes (2000), because he failed
608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685
Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018
Published
considered a failure to comply for purposes of section 318.15, Florida Statutes.
(b) Administrative Order
550 So. 2d 1190, 1989 WL 129799
District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 2013761
Published
(forgery).
[2] This testimony is confirmed by section 318.15 Florida Statutes (1987) which states:
(1)
530 So. 2d 274, 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343
Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636676
Published
failure to comply with the requirements of section 318.15(1).
(b) If the person appears after the notice
536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332
Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639474
Published
in order to comply with the requirements of Section 318.15(1), Florida Statutes.
(b) If the person alleged
494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670
Supreme Court of Florida | Filed: Sep 18, 1986 | Docket: 64621890
Published
considered a failure to comply for purposes of section 318.15, Florida Statutes.
(b) In relation to elections
477 So. 2d 542, 10 Fla. L. Weekly 539, 1985 Fla. LEXIS 3911
Supreme Court of Florida | Filed: Sep 30, 1985 | Docket: 64614954
Published
considered a failure to comply for purposes of section 318.15, Florida Statutes.
(b) In relation to elections
458 So. 2d 1112, 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382
Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608153
Published
considered a failure to comply for *1115purposes of section 318.15, Florida Statutes.
Rule 6.540 Time for and
410 So. 2d 1337, 1982 Fla. LEXIS 2355
Supreme Court of Florida | Filed: Feb 11, 1982 | Docket: 64588544
Published
notice shall be sent to the person pursuant to section 318.15(1), Florida Statutes, unless such a notice
388 So. 2d 1230, 1980 Fla. LEXIS 4365
Supreme Court of Florida | Filed: Oct 2, 1980 | Docket: 64578356
Published
order of the Broward County Court holding section 318.-15, Florida Statutes (1977), concerning driver
Florida Attorney General Reports | Filed: Feb 5, 1979 | Docket: 3258656
Published
court under the provisions of Ch. 318, F. S.
Section 318.15, F. S., expressly provides that a person's