318.18 Amount of penalties.—The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows:
(1) Fifteen dollars for:
(a) All infractions of pedestrian regulations.
(b) All infractions of s. 316.2065, unless otherwise specified.
(c) Other violations of chapter 316 by persons 14 years of age or under who are operating bicycles, regardless of the noncriminal traffic infraction’s classification.
(2) Thirty dollars for all nonmoving traffic violations and:
1. If a person who is cited for a violation of s. 320.0605 or s. 320.07 can show proof of having a valid registration at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund. A person who finds it impossible or impractical to obtain a valid registration certificate must submit an affidavit detailing the reasons for the impossibility or impracticality. The reasons may include, but are not limited to, the fact that the vehicle was sold, stolen, or destroyed; that the state in which the vehicle is registered does not issue a certificate of registration; or that the vehicle is owned by another person.
2. If a person who is cited for a violation of s. 322.03, s. 322.065, or s. 322.15 can show a driver license issued to him or her and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund.
3. If a person who is cited for a violation of s. 316.646 can show proof of security as required by s. 627.733, issued to the person and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund. A person who finds it impossible or impractical to obtain proof of security must submit an affidavit detailing the reasons for the impracticality. The reasons may include, but are not limited to, the fact that the vehicle has since been sold, stolen, or destroyed; that the owner or registrant of the vehicle is not required by s. 627.733 to maintain personal injury protection insurance; or that the vehicle is owned by another person.
(c) For all violations of ss. 316.2935 and 316.610. However, for a violation of s. 316.2935 or s. 316.610, if the person committing the violation corrects the defect and obtains proof of such timely repair by an affidavit of compliance executed by the law enforcement agency within 30 days from the date upon 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 $10, which the clerk of the court shall retain and from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund.
(d) For all violations of s. 316.126(1)(b), unless otherwise specified.
(3)(a) Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance.
(b) For moving violations involving unlawful speed, the fines are as follows:
For speed exceeding the limit by:Fine:
1-5 mph..........Warning
6-9 mph..........$25
10-14 mph..........$100
15-19 mph..........$150
20-29 mph..........$175
30 mph and above..........$250
(c) Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 mph in a legally posted school zone will be fined $50. A person exceeding the speed limit in a school zone or designated school crossing shall pay a fine double the amount listed in paragraph (b).
(d)1. Notwithstanding paragraphs (b) and (c), a person cited for a violation of s. 316.1895(10) or s. 316.183 for exceeding the speed limit in force at the time of the violation on a roadway maintained as a school zone as provided in s. 316.1895, when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896, must pay a fine of $100. Fines collected under this paragraph must be distributed as follows:
a. Twenty dollars must be remitted to the Department of Revenue for deposit into the General Revenue Fund.
b. Seventy-seven dollars must be distributed to the county for any violations occurring in any unincorporated areas of the county or to the municipality for any violations occurring in the incorporated boundaries of the municipality in which the infraction occurred, to be used as provided in s. 316.1896(5).
c. Three dollars must be remitted to the Department of Revenue for deposit into the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund to be used as provided in s. 943.25.
2. If a person who is mailed a notice of violation or a uniform traffic citation for a violation of s. 316.1895(10) or s. 316.183, as enforced by a traffic infraction enforcement officer under s. 316.1896, presents documentation from the appropriate governmental entity that the notice of violation or uniform traffic citation was in error, the clerk of court or clerk to the local hearing officer may dismiss the case. The clerk of court or clerk to the local hearing officer may not charge for this service.
(e) A person cited for exceeding the speed limit in a posted construction zone, which posting must include notification of the speed limit and the doubling of fines, shall pay a fine double the amount listed in paragraph (b). The fine shall be doubled for construction zone violations only if construction personnel are present or operating equipment on the road or immediately adjacent to the road under construction.
(f) A person cited for exceeding the speed limit in an enhanced penalty zone shall pay a fine amount of $50 plus the amount listed in paragraph (b). Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 mph in a legally posted enhanced penalty zone shall pay a fine amount of $50.
(g) If a violation of s. 316.1301 or s. 316.1303(1) results in an injury to the pedestrian or damage to the property of the pedestrian, an additional fine of up to $250 shall be paid. This amount must be distributed pursuant to s. 318.21.
(h) A person cited for exceeding the speed limit within a zone posted for any electronic or manual toll collection facility shall pay a fine double the amount listed in paragraph (b). However, no person cited for exceeding the speed limit in any toll collection zone shall be subject to a doubled fine unless the governmental entity or authority controlling the toll collection zone first installs a traffic control device providing warning that speeding fines are doubled. Any such traffic control device must meet the requirements of the uniform system of traffic control devices.
1(i) A person cited for a second or subsequent conviction of speed exceeding the limit by 30 miles per hour and above within a 12-month period shall pay a fine that is double the amount listed in paragraph (b). For purposes of this paragraph, the term “conviction” means a finding of guilt as a result of a jury verdict, nonjury trial, or entry of a plea of guilty. Moneys received from the increased fine imposed by this paragraph shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers to assure the availability and accessibility of trauma services throughout the state. Funds deposited into the Emergency Medical Services Trust Fund under this section shall be allocated as follows:
1. Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services.
2. Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center’s relative volume of trauma cases as calculated using the hospital discharge data collected pursuant to s. 408.061.
(4) The penalty imposed under s. 316.545 shall be determined by the officer in accordance with the provisions of ss. 316.535 and 316.545.
(5)(a)1. Except as provided in subparagraph 2., $200 for a violation of s. 316.172(1)(a), failure to stop for a school bus. If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $200. In addition to this penalty, for a second or subsequent offense within a period of 5 years, the department shall suspend the driver license of the person for not less than 180 days and not more than 1 year.
2. If a violation of s. 316.172(1)(a) is enforced by a school bus infraction detection system pursuant to s. 316.173, the penalty of $200 shall be imposed. If, at an administrative hearing contesting a notice of violation or uniform traffic citation, the alleged offender is found to have committed this offense, a minimum civil penalty of $200 shall be imposed. Notwithstanding any other provision of law, the civil penalties assessed under this subparagraph resulting from a notice of violation or uniform traffic citation shall be remitted to the school district at least monthly and used pursuant to s. 316.173(8).
(b)1. Except as provided in subparagraph 2., $400 for a violation of s. 316.172(1)(b), passing a school bus on the side that children enter and exit when the school bus displays a stop signal. If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $400.
2. If a violation of s. 316.172(1)(b) is enforced by a school bus infraction detection system pursuant to s. 316.173, the penalty under this subparagraph is a minimum of $200. If, at a hearing contesting a notice of violation or uniform traffic citation, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $200. Notwithstanding any other provision of law, the civil penalties assessed under this subparagraph resulting from notice of violation or uniform traffic citation shall be remitted to the school district at least monthly and used pursuant to s. 316.173(8).
3. In addition to this penalty, for a second or subsequent offense within a period of 5 years, the department shall suspend the driver license of the person for not less than 360 days and not more than 2 years.
(c)1. In addition to the penalty under subparagraph (a)2. or subparagraph (b)2., if, at an administrative hearing contesting a notice of violation, the alleged offender is found to have committed this offense, costs shall be imposed, not to exceed those established in s. 316.0083(5)(e), to be paid by the petitioner and to be used by the county for the operational costs related to the hearing or the school district for technology and operational costs relating to the hearing as well as school transportation safety-related initiatives. Notwithstanding any other provision of law, if a county’s local hearing officer administers the administrative hearing process for a contested notice of violation, the costs imposed under this subparagraph resulting from notice of violation shall be remitted to the county at least monthly.
2. In addition to the penalty under paragraph (a) or paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). If the alleged offender is found to have committed the offense, the court shall impose the civil penalty under paragraph (a) or paragraph (b) plus an additional $65. The additional $65 collected under this subparagraph shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used as provided in s. 395.4036. If a violation of s. 316.172(1)(a) or (b) is enforced by a school bus infraction detection system pursuant to s. 316.173, the additional amount imposed on a notice of violation, on a uniform traffic citation, or by the court under this paragraph must be $25, in lieu of the additional $65, and, notwithstanding any other provision of law, the civil penalties and additional costs must be remitted to the participating school district at least monthly and used pursuant to s. 316.173(8).
(d) Notwithstanding any other provision of law to the contrary, $1,500 for a violation of s. 316.172(1)(a) or (b) that causes or results in serious bodily injury to or death of another. The person may enter into a payment plan with the clerk of court pursuant to s. 28.246. In addition to this penalty, the department shall suspend the driver license of the person for not less than 1 year.
(e) If a person who is mailed a uniform traffic citation for a violation of s. 316.172(1)(a) or (b), as enforced by a school bus infraction detection system under s. 316.173, presents documentation from the appropriate law enforcement agency that the traffic citation was in error, the clerk of court may dismiss the case. The clerk of court may not charge for this service.
(6) One hundred dollars or the fine amount designated by county ordinance, plus court costs for illegally parking, under s. 316.1955, in a parking space provided for people who have disabilities. However, this fine shall be waived if a person provides to the law enforcement agency or parking enforcement specialist or agency that issued the citation for such a violation proof that the person committing the violation has a valid parking permit or license plate issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845, or s. 320.0848 or a signed affidavit that the owner of the disabled parking permit or license plate was present at the time the violation occurred, and that such a parking permit or license plate was valid at the time the violation occurred. The law enforcement officer or agency or the parking enforcement specialist or agency, upon determining that all required documentation has been submitted verifying that the required parking permit or license plate was valid at the time of the violation, must sign an affidavit of compliance. Upon provision of the affidavit of compliance and payment of a dismissal fee of up to $7.50 to the clerk of the circuit court, the clerk shall dismiss the citation. However, the clerk may designate a local governmental entity to receive the affidavit and dismissal fee, and the local governmental entity may keep the fee.
(7) Mandatory $100 fine for each violation of s. 316.1001 plus the amount of the unpaid toll shown on the traffic citation for each citation issued. The clerk of the court shall forward $25 of the $100 fine received, plus the amount of the unpaid toll that is shown on the citation, to the governmental entity that issued the citation for citations issued by toll enforcement officers or to the entity administering the tolls at the facility where the violation occurred for citations issued by law enforcement officers. However, a person may elect to pay $30 to the clerk of the court, plus the amount of the unpaid toll that is shown on the citation, in which case adjudication is withheld, and no points may be assessed under s. 322.27. Upon receipt of the $30 and unpaid toll amount, the clerk of the court shall retain $5 for administrative purposes and shall forward the remaining $25, plus the amount of the unpaid toll shown on the citation, to the governmental entity that issued the citation for citations issued by toll enforcement officers or to the entity administering the tolls at the facility where the violation occurred for citations issued by law enforcement officers. Additionally, adjudication shall be withheld and no points shall be assessed under s. 322.27, except when adjudication is imposed by the court after a hearing pursuant to s. 318.14(5). If a plea arrangement is reached prior to the date set for a scheduled evidentiary hearing and, as a result of the plea, adjudication is withheld, there shall be a mandatory fine assessed per citation of not less than $50 and not more than $100, plus the amount of the unpaid toll for each citation issued. The clerk of the court shall forward $25 of the fine imposed plus the amount of the unpaid toll that is shown on the citation to the governmental entity that issued the citation for citations issued by toll enforcement officers or to the entity administering the tolls at the facility where the violation occurred for citations issued by law enforcement officers. The court shall have specific authority to consolidate issued citations for the same defendant for the purpose of sentencing and aggregate jurisdiction. In addition, the court may direct the department to suspend for 60 days the driver license of a person who is convicted of 10 violations of s. 316.1001 within a 36-month period. Any funds received by a governmental entity for this violation may be used for any lawful purpose related to the operation or maintenance of a toll facility.
(8)(a) 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 $16, $6.50 of which must be remitted to the Department of Revenue for deposit in the General Revenue Fund, and $9.50 of which must be remitted to the Department of Revenue for deposit in the Highway Safety Operating Trust Fund. Of this additional civil penalty of $16, $4 is not revenue for purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the court under that section or s. 28.35. The department shall contract with the Florida Association of Court Clerks, Inc., to design, establish, operate, upgrade, and maintain an automated statewide Uniform Traffic Citation Accounting System to be operated by the clerks of the court which shall include, but not be limited to, the accounting for traffic infractions by type, a record of the disposition of the citations, and an accounting system for the fines assessed and the subsequent fine amounts paid to the clerks of the court. The clerks of the court must provide the information required by this chapter to be transmitted to the department by electronic transmission pursuant to the contract.
(b)1.a. If a person has been ordered to pay a civil penalty for a noncriminal traffic infraction and the person is unable to comply with the court’s order due to demonstrable financial hardship, the court shall allow the person to satisfy the civil penalty by participating in community service until the civil penalty is paid.
b. If a court orders a person to perform community service, the person shall receive credit for the civil penalty at the specified hourly credit rate per hour of community service performed, and each hour of community service performed shall reduce the civil penalty by that amount.
2.a. As used in this paragraph, the term “specified hourly credit rate” means the wage rate that is specified in 29 U.S.C. s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, that is then in effect, and that an employer subject to such provision must pay per hour to each employee subject to such provision.
b. However, if a person ordered to perform community service has a trade or profession for which there is a community service need, the specified hourly credit rate for each hour of community service performed by that person shall be the average prevailing wage rate for the trade or profession that the community service agency needs.
3.a. The community service agency supervising the person shall record the number of hours of community service completed and the date the community service hours were completed. The community service agency shall submit the data to the clerk of court on the letterhead of the community service agency, which must also bear the notarized signature of the person designated to represent the community service agency.
b. When the number of community service hours completed by the person equals the amount of the civil penalty, the clerk of court shall certify this fact to the court. Thereafter, the clerk of court shall record in the case file that the civil penalty has been paid in full.
4. As used in this paragraph, the term:
a. “Community service” means uncompensated labor for a community service agency.
b. “Community service agency” means a not-for-profit corporation, community organization, charitable organization, public officer, the state or any political subdivision of the state, or any other body the purpose of which is to improve the quality of life or social welfare of the community and which agrees to accept community service from persons unable to pay civil penalties for noncriminal traffic infractions.
(c) If the noncriminal infraction has caused or resulted in the death of another, the person who committed the infraction may perform 120 community service hours under s. 316.027(4), in addition to any other penalties.
(9) Five hundred dollars for a first violation and $1,000 for a second or subsequent violation of s. 316.1575.
(10) Five hundred dollars for a first violation and $1,000 for a second or subsequent violation of s. 316.1576. In addition to this penalty, for a second or subsequent violation, the department shall suspend the driver license of the person for not more than 6 months.
(11) Twenty-five dollars for a violation of s. 316.2074.
(12)(a) In addition to the stated fine, court costs must be paid in the following amounts and shall be deposited by the clerk into the fine and forfeiture fund established pursuant to s. 142.01 except as provided in this paragraph:
1. For pedestrian infractions: $4, from which the clerk shall remit $1 to the Department of Revenue for deposit into the General Revenue Fund.
2. For nonmoving traffic infractions: $18, from which the clerk shall remit $2 to the Department of Revenue for deposit into the General Revenue Fund.
3. For moving traffic infractions: $35, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.
(b) In addition to the court cost required under paragraph (a), up to $3 for each infraction shall be collected and distributed by the clerk in those counties that have been authorized to establish a criminal justice selection center or a criminal justice access and assessment center pursuant to the following special acts of the Legislature:
1. Chapter 87-423, Laws of Florida, for Brevard County.
2. Chapter 89-521, Laws of Florida, for Bay County.
3. Chapter 94-444, Laws of Florida, for Alachua County.
4. Chapter 97-333, Laws of Florida, for Pinellas County.
Funds collected by the clerk pursuant to this paragraph shall be distributed to the centers authorized by those special acts.
(c) In addition to the court cost required under paragraph (a), a $2.50 court cost must be paid for each infraction to be distributed by the clerk to the county to help pay for criminal justice education and training programs pursuant to s. 938.15. Funds from the distribution to the county not directed by the county to fund these centers or programs shall be retained by the clerk and used for funding the court-related services of the clerk.
(d) In addition to the court cost required under paragraph (a), a $3 court cost must be paid for each infraction to be distributed as provided in s. 938.01 and a $2 court cost as provided in s. 938.15 when assessed by a municipality or county.
(13) Two hundred dollars for a violation of s. 316.520(1) or (2). If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $200. For a second or subsequent adjudication within a period of 5 years, the department shall suspend the driver license of the person for not less than 1 year and not more than 2 years.
(14)(a) In addition to any penalties imposed for noncriminal traffic infractions pursuant to this chapter or imposed for criminal violations listed in s. 318.17, a board of county commissioners or any unit of local government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution:
1. May impose by ordinance a surcharge of up to $30 for any infraction or violation to fund state court facilities. The court shall not waive this surcharge. Up to 25 percent of the revenue from such surcharge may be used to support local law libraries provided that the county or unit of local government provides a level of service equal to that provided prior to July 1, 2004, which shall include the continuation of library facilities located in or near the county courthouse or any annex to the courthouse.
2. May, if such board or unit imposed increased fees or service charges by ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the purpose of securing payment of the principal and interest on bonds issued by the county before July 1, 2003, to finance state court facilities, impose by ordinance a surcharge for any infraction or violation for the exclusive purpose of securing payment of the principal and interest on bonds issued by the county before July 1, 2003, to fund state court facilities until the date of stated maturity. The court shall not waive this surcharge. Such surcharge may not exceed an amount per violation calculated as the quotient of the maximum annual payment of the principal and interest on the bonds as of July 1, 2003, divided by the number of traffic citations for county fiscal year 2002-2003 certified as paid by the clerk of the court of the county. Such quotient shall be rounded up to the next highest dollar amount. The bonds may be refunded only if savings will be realized on payments of debt service and the refunding bonds are scheduled to mature on the same date or before the bonds being refunded. Notwithstanding any of the foregoing provisions of this subparagraph that limit the use of surcharge revenues, if the revenues generated as a result of the adoption of this ordinance exceed the debt service on the bonds, the surplus revenues may be used to pay down the debt service on the bonds; fund other state-court-facility construction projects as may be certified by the chief judge as necessary to address unexpected growth in caseloads, emergency requirements to accommodate public access, threats to the safety of the public, judges, staff, and litigants, or other exigent circumstances; or support local law libraries in or near the county courthouse or any annex to the courthouse.
3. May impose by ordinance a surcharge for any infraction or violation for the exclusive purpose of securing payment of the principal and interest on bonds issued by the county on or after July 1, 2009, to fund state court facilities until the stated date of maturity. The court may not waive this surcharge. The surcharge may not exceed an amount per violation calculated as the quotient of the maximum annual payment of the principal and interest on the bonds, divided by the number of traffic citations certified as paid by the clerk of the court of the county on August 15 of each year. The quotient shall be rounded up to the next highest dollar amount. The bonds may be refunded if savings are realized on payments of debt service and the refunding bonds are scheduled to mature on or before the maturity date of the bonds being refunded. If the revenues generated as a result of the adoption of the ordinance exceed the debt service on the bonds, the surplus revenues may be used to pay the debt service on the bonds; to fund other state court facility construction projects certified by the chief judge as necessary to address unexpected growth in caseloads, emergency requirements to accommodate public access, threats to the safety of the public, judges, staff, and litigants, or other exigent circumstances; or to support local law libraries in or near the county courthouse or any annex to the courthouse.
(b) A county may impose a surcharge under subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3., but may not impose more than one surcharge under this subsection. A county may elect to impose a different authorized surcharge but may not impose more than one surcharge at a time. The clerk of court shall report, no later than 30 days after the end of the quarter, the amount of funds collected under this subsection during each quarter of the fiscal year. The clerk shall submit the report, in an electronic format developed by the Florida Clerks of Court Operations Corporation, to the chief judge of the circuit and to the Florida Clerks of Court Operations Corporation. The corporation shall submit the report in an electronic format to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the board of county commissioners.
(15) In addition to any penalties imposed for noncriminal traffic infractions under this chapter or imposed for criminal violations listed in s. 318.17, any unit of local government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, and that is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, that is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge of up to $15 for any infraction or violation. Revenue from the surcharge shall be transferred to such unit of local government for the purpose of replacing fine revenue deposited into the clerk’s fine and forfeiture fund under s. 142.01. The court may not waive this surcharge. Proceeds from the imposition of the surcharge authorized in this subsection shall not be used for the purpose of securing payment of the principal and interest on bonds.
(16)(a)1. One hundred and fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a law enforcement officer. Sixty dollars shall be distributed as provided in s. 318.21, $30 shall be distributed to the General Revenue Fund, $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund, and the remaining $65 shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health.
2. One hundred and fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by the department’s traffic infraction enforcement officer. One hundred dollars shall be remitted to the Department of Revenue for deposit into the General Revenue Fund, $45 shall be distributed to the county for any violations occurring in any unincorporated areas of the county or to the municipality for any violations occurring in the incorporated boundaries of the municipality in which the infraction occurred, $10 shall be remitted to the Department of Revenue for deposit into the Department of Health Emergency Medical Services Trust Fund for distribution as provided in s. 395.4036(1), and $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund.
3. One hundred and fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a county’s or municipality’s traffic infraction enforcement officer. Seventy-five dollars shall be distributed to the county or municipality issuing the traffic citation, $70 shall be remitted to the Department of Revenue for deposit into the General Revenue Fund, $10 shall be remitted to the Department of Revenue for deposit into the Department of Health Emergency Medical Services Trust Fund for distribution as provided in s. 395.4036(1), and $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund.
(b) Amounts deposited into the Brain and Spinal Cord Injury Trust Fund pursuant to this subsection shall be distributed quarterly to the Miami Project to Cure Paralysis and shall be used for brain and spinal cord research.
(c) If a person who is mailed a notice of violation or cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic infraction enforcement officer under s. 316.0083, presents documentation from the appropriate governmental entity that the notice of violation or traffic citation was in error, the clerk of court or clerk to the local hearing officer may dismiss the case. The clerk of court or clerk to the local hearing officer may not charge for this service.
(d) An individual may not receive a commission or per-ticket fee from any revenue collected from violations detected through the use of a traffic infraction detector. A manufacturer or vendor may not receive a fee or remuneration based upon the number of violations detected through the use of a traffic infraction detector.
(e) Funds deposited into the Department of Health Emergency Medical Services Trust Fund under this subsection shall be distributed as provided in s. 395.4036(1).
(17) One hundred dollars for a violation of s. 316.622(3) or (4), for a vehicle that fails to display a sticker authorizing it to transport migrant or seasonal farm workers or fails to display standardized notification instructions requiring passengers to fasten their seat belts. Two hundred dollars for a violation of s. 316.622(1) or (2), for operating a farm labor vehicle that fails to conform to vehicle safety standards or lacks seat belt assemblies at each passenger position.
(18) In addition to any penalties imposed, a surcharge of $3 must be paid for all criminal offenses listed in s. 318.17 and for all noncriminal moving traffic violations under chapter 316. Revenue from the surcharge shall be remitted to the Department of Revenue and deposited quarterly into the State Agency Law Enforcement Radio System Trust Fund of the Department of Management Services for the state agency law enforcement radio system, as described in s. 282.709, and to provide technical assistance to state agencies and local law enforcement agencies with their statewide systems of regional law enforcement communications, as described in s. 282.7101. This subsection expires July 1, 2026. The Department of Management Services may retain funds sufficient to recover the costs and expenses incurred for managing, administering, and overseeing the Statewide Law Enforcement Radio System, and providing technical assistance to state agencies and local law enforcement agencies with their statewide systems of regional law enforcement communications. The Department of Management Services working in conjunction with the Joint Task Force on State Agency Law Enforcement Communications shall determine and direct the purposes for which these funds are used to enhance and improve the radio system.
(19) In addition to any penalties imposed, an administrative fee of $12.50 must be paid for all noncriminal moving and nonmoving violations under chapters 316, 320, and 322. Of this administrative fee, $6.25 must be deposited into the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk, as defined in s. 29.008(1)(f)2. and (h), and $6.25 must be deposited into the fine and forfeiture fund established pursuant to s. 142.01.
(20) In addition to any penalties imposed, an Article V assessment of $10 must be paid for all noncriminal moving and nonmoving violations under chapters 316, 320, and 322. The assessment is not revenue for purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the court under that section or s. 28.35. Of the funds collected under this subsection:
(a) The sum of $5 shall be deposited in the State Courts Revenue Trust Fund for use by the state courts system;
(b) The sum of $3.33 shall be deposited in the State Attorneys Revenue Trust Fund for use by the state attorneys; and
(c) The sum of $1.67 shall be deposited in the Indigent Criminal Defense Trust Fund for use by the public defenders.
(21) In addition to any other penalty, $65 for a violation of s. 316.191, prohibiting racing on highways, street takeovers, and stunt driving, or s. 316.192, prohibiting reckless driving. The additional $65 collected under this subsection shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used as provided in s. 395.4036.
(22) Five hundred dollars for a violation of s. 316.1951 for a vehicle that is unlawfully displayed for sale, hire, or rental. Notwithstanding any other law to the contrary, fines collected under this subsection shall be retained by the governing authority that authorized towing of the vehicle. Fines collected by the department shall be deposited into the Highway Safety Operating Trust Fund.
(23) In addition to the penalty prescribed under s. 316.0083 for violations enforced under s. 316.0083 which are upheld, the local hearing officer may also order the payment of county or municipal costs, not to exceed $250.
(24) In addition to any penalties imposed, a fine of $200 for a first offense and a fine of $500 for a second or subsequent offense for a violation of s. 316.293(5).
1Note.—Section 14, ch. 2018-66, provides that “[i]f the provisions of this act relating to s. 395.4025(16), Florida Statutes, are held to be invalid or inoperative for any reason, the remaining provisions of this act shall be deemed to be void and of no effect, it being the legislative intent that this act as a whole would not have been adopted had any provision of the act not been included.”
Cited 105 times | Published | Florida 2nd District Court of Appeal | 1995 WL 65502
...Thus, this cost is still mandatory, but the defendant may object to its imposition and request an express waiver on the record. § 943.25(3), Fla. Stat. (1991). A cost of $3 is mandatory for the Criminal Justice Trust Fund unless certain civil penalties provided in section 318.18, relating to traffic infractions, are imposed....
Cited 15 times | Published | Supreme Court of Florida
...vilege is suspended pursuant to section 832.09. Section 4 adds a subsection to section 322.142, Florida Statutes to provide for the DHSMV to sell copies of photographs or digital imaged driver's licenses under certain circumstances. Section 6 amends section 318.18(3), Florida Statutes to increase the fines for speeding....
...vilege is suspended pursuant to section 832.09. Section 4 adds a subsection to section 322.142, Florida Statutes to provide for the DHSMV to sell copies of photographs or digital imaged driver's licenses under certain circumstances. Section 6 amends section 318.18(3), Florida Statutes to increase the fines for speeding....
Cited 8 times | Published | Supreme Court of Florida
...ystem 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....
...k, or for permitted conduct. *1252 A person violating section one commits a non-criminal pedestrian violation or infraction punishable by a fifteen dollar fine. Fla. Stat. § 316.2045(1); Fla. Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla. Stat. § 318.18(1)(a); Fla....
...wful acts. Fla. Stat. § 316.2055. A person violating § 316.2055 commits a non-criminal pedestrian violation or infraction punishable by a fifteen dollar fine. Fla. Stat. § 316.2055(1); Fla. Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla. Stat. § 318.18(1)(a); Fla....
Cited 4 times | Published | Florida 5th District Court of Appeal | 1993 WL 383000
...ance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his normal faculties are impaired; or (b) The person has a blood or breath alcohol level of 0.10 percent or higher. (emphasis supplied) [6] Section 318.18 sets forth civil fines permissible in such cases, and we cannot say that the fine imposed in this case violates that statute....
Cited 4 times | Published | Florida 4th District Court of Appeal
...(2006)], it could have expressly done so as it has in other cost statutes.
See, e.g., . . . § 938.05(1), Fla. Stat. (2016) (‘shall pay as a cost in the case’)
. . .”).
In both Case No. 16-3306CF10A and Case No. 16-5007CF10A, the $10
charges under section 318.18(19), Florida Statutes (2016), the $30
charges under section 318.18(13)(a), Florida Statutes (2016), and the $65
charges under section 318.18(20), Florida Statutes (2016), must be
stricken because chapter 318 concerns traffic offenses, and the defendant
was not charged with traffic offenses. See Anguille v. State, 238 So. 3d
856, 856 (Fla. 4th DCA 2018) (court erred by imposing costs under section
318.18, Florida Statutes (2017), when no traffic offense was charged).
In both Case No....
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 398824
...Nayjay v. State, 949 So.2d 1047, 1048 (Fla. 2d DCA 2006). We strike this cost because Watts committed the subject crimes on February 7, 2003, before the statute became effective. Watts also challenges a $15 court facilities surcharge authorized by section 318.18(13)(a), Florida Statutes (2004)....
Cited 1 times | Published | Supreme Court of Florida
...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....
...ystem 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....
Cited 1 times | Published | Florida 4th District Court of Appeal
...cannabis in excess of the statutory maximum; (2) court costs for that offense under section 938.05(1)(b), Florida Statutes (2017), after imposing costs under the same statutory provision for a companion felony charge in the case; and (3) costs under section 318.18, Florida Statutes (2017), when no traffic offense was charged in the case....
Cited 1 times | Published | Supreme Court of Florida | 2014 WL 2609201
....” §
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....
...forth in section 318.121: “Notwithstanding any general or special law, or
-7-
municipal or county ordinance, additional fees, fines, surcharges, or costs other
than the court costs and surcharges assessed under s. 318.18(11), (13), and (18)
may not be added to the civil traffic penalties assessed in this chapter.” (Emphasis
added.)
C.
The Fifth District described Orlando’s ordinance as follows: “Acco...
...Stat.
(2008), as well as section 318.121, Florida Statutes, which states that
“[n]otwithstanding any general or special law, or municipal or county ordinance,
additional fees, fines, surcharges, or costs other than the court costs and surcharges
assessed under s. 318.18(11), (13), and (18) may not be added to the civil traffic
penalties assessed in this chapter.” § 318.121, Fla....
...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. Section 318.18(15), Florida Statutes (2009) provides for a $125 penalty for a violation of section 316.075(l)(c)l....
...o the Department of Revenue for deposit into the Administrative Trust Fund of the Department of Health. Section 318.121 prohibits the imposition of additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under section 318.18 from being added to the civil traffic penalties assessed in this chapter....
...discretionary portion of the assessment, it must be stricken. On remand, the court
may reimpose this cost after complying with the proper procedure. Id.
Next, Trusty challenges the imposition of a $2.00 cost for the Gulf Coast
College Community Justice Assessment Center. Section 318.18, Florida Statutes,
authorizes an assessment of two dollars for offenses involving motor vehicles, but is
not applicable to Trusty’s convictions....
..."Preemption of additional fees, fines, surcharges, and costs. — Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under s. 318.18 (11), (13), and (18) may not be added to the civil traffic penalties assessed in this chapter." The original statute was enacted in 1996 and has been amended to add the language relating to surcharges assessed under section 318.18 (11), (13), and most recently, (18). 3 Section 318.121 , Florida Statutes, recognizes the continued imposition of those fees, fines, surcharges, and costs contained in Chapter 318 , Florida Statutes, but limits the assessment of additional costs and surcharges to those imposed under section 318.18 (11), (13), and (18), Florida Statutes....
...riminal moving and nonmoving traffic violations under chapter 316. Revenue from the administrative fee shall be deposited by the clerk of court into the fine and forfeiture fund established pursuant to s. 142.01 ." The 2008 legislative amendments to section 318.18 , Florida Statutes, became effective on July 1, 2008....
...tutes. Further, legislative changes to the amount imposed as court costs under subsection (11)(a) became effective. Section 318.121 , Florida Statutes, precludes the imposition of any fees, fines, surcharges, or costs other than those assessed under section 318.18 (11), (13), and (18), Florida Statutes....
...Second, only $374 of the $456 court costs assessed on the DUI
count are supported by the statutes and county ordinances listed
in the court’s written order. See §§ 938.01, 938.03, 938.05, 938.06,
938.07, 938.13, 938.19, 939.185, 775.083(2), 318.18(17), Fla....
...ORDINANCES §§ 34-7, 34-9 (authority for up
to $374 in costs). The remaining $82 in costs was imposed in error.
While it is not clear what the additional $82 in costs covered,
two of the other provisions listed in the trial court’s order—sections
938.27 and 318.18(18)—do not apply to this case....
...2020) (holding that the State is required to
ask a trial court to assess prosecution costs); Jenkins v. State, 332
So. 3d 1013, 1018 (Fla. 4th DCA 2022) (holding that the State
bears the burden of proving that costs of prosecution exceed $50
statutory minimum).
Section 318.18(18) provides for a $12.50 administrative fee,
but it only applies with respect to noncriminal violations, and is
thus inapposite to Appellant’s DUI conviction....
...costs, it may be re-imposed on remand following the proper
procedures (i.e., citation to the controlling statutes and/or local
ordinances). See Snowden, 685 So. 2d at 975.
The third sentencing error lies in the $30 State facilities
surcharge imposed as to Count 3 under section 318.18(13)(a)1.,
Florida Statutes....
Published | Supreme Court of Florida | 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382
...mprovement school or a student traffic safety council school where such schools are available in lieu of payment of the civil penalty. Attendance at a driver improvement school shall not operate to waive the surcharges for excessive speed imposed by section 318.18(3), Florida Statutes....
...person elects to appear before an official includes the payment of a fine or civil penalty, payment may be made before the bureau. The bureau may also accept appearances, waivers of hearings, admissions, and payment of civil penalties as provided in section 318.18, Florida Statutes, in traffic infraction cases in which where the driver originally elected, but was not required, to appear before an official prior to the date of the hearing....
...The bureau shall act under the direction and control of the judges of the court. (b) Civil Penalty Schedule; Payment and Accounting. The court shall post in the place where civil penalties are to be paid in the violations bureau the schedule of the amount of the civil penalty as provided in section 318.18, Florida Statutes....
...eated to read: "Preemption of additional fees, fines, surcharges, and costs. — Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs assessed under s. 318.18 (11) 2 may not be added to the civil traffic penalties assessed in this chapter." Thus, section 318.121 , Florida Statutes (1996 Supplement), recognizes the continued imposition of those fees, fines, surcharges, and costs contained in Chapter 318 , Florida Statutes, but limits the assessment of additional costs to those set forth in section 318.18 (11), Florida Statutes (1996 Supplement)....
...n section 39.019, Florida Statutes (1996 Supplement), until October 1, 1996, after which time the imposition and collection of such costs was preempted by section 318.121 , Florida Statutes (1996 Supplement). However, those court costs authorized by section 318.18 (11), Florida Statutes (1996 Supplement), and the other fees, fines, surcharges, or costs authorized by Chapter 318 , Florida Statutes, are still permitted. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, s. 3, Ch. 96-383, Laws of Florida. 2 The additional court costs assessed under s. 318.18 (11), Fla....
...(b) Appearance After Notice Sent. If the persondefendant appears after notice has been sent but before the department has suspended the driver license, the department shall be notified on a form to be supplied by the department immediately after the civil penalty as provided in section 318.18, Florida Statutes, has been fulfilled. (c) Reinstatement of License. If the persondefendant appears after the driver license has been suspendedi the offenderde-fendant must fulfill the civil penalty as provided in section 318.18, Florida Statutes, and may be required to agree again to attend a driver school....
...Caldwell,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
In this Anders 1 appeal, we affirm Appellant’s judgments and
sentences. However, from our review of the record, it appears that in each of
his four cases, Appellant was assessed additional court costs pursuant to
section 318.18(11)(b), Florida Statutes (2018), even though he was not
charged with a traffic offense....
Dear Chief Brennan: You have asked for my opinion on substantially the following question: Are court costs to be collected for a violation of sections 316.2935 or 316.610 , Florida Statutes, if the person cited complies with the provisions of section 318.18 (2)(c), Florida Statutes? You have requested my assistance in determining the appropriate amount of fines and costs to be imposed for an equipment violation under these specific statutes when the violator has the vehicle repaired and p...
...affic infractions." 2 Pursuant to section 318.121 , Florida Statutes: Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under s. 318.18 (11) and (13) may not be added to the civil traffic penalties assessed in this chapter....
...3 The statute provides that any person cited under these provisions must sign and accept a citation promising to appear. The officer making the citation may provide the time and location of the scheduled appearance on the traffic citation and "must indicate the applicable civil penalty established in s. 318.18." 4 If the violator elects not to appear, he or she shall pay the civil penalty and delinquent fee charged either by mail or in person within a thirty day period after the date of issuance of the citation....
...med 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. Pursuant to section 318.18 (2), Florida Statutes, the penalty for nonmoving traffic violations is thirty dollars: (c) For all violations of ss....
...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. 7 (e.s.) Thus, section 318.18 (2), Florida Statutes, provides for the reduction of any fine assessed to the amount of $7.50 if the violator complies with the terms of the statute. However, while section 318.18 (2)(c), Florida Statutes, provides for the reduction of the fine imposed by that section, other provisions require the collection of other costs, surcharges and funds. For example, section 318.18 (11), Florida Statutes, states that: (a) In addition to the stated fine, court costs must be paid in the following amounts and shall be deposited by the clerk into the fine and forfeiture fund established pursuant to s....
...(d) In addition to the court cost required under paragraph (a), a $3 court cost must be paid for each infraction to be distributed as provided in s. 938.01 and a $2 court cost as provided in s. 938.15 when assessed by a municipality or county. Subsection (13) of section 318.18 , Florida Statutes, authorizes a board of county commissioners or any consolidated unit of local government to impose certain surcharges "in addition to any penalties imposed for noncriminal traffic infractions under Chapter 318....
...hey adopt an ordinance to do so. While not all of these costs or surcharges are applicable to every violation, the language of these sections makes it clear that these amounts are to be collected in addition to the stated fine that may be imposed. 9 Section 318.18 (2)(c), Florida Statutes, authorizes the reduction of the fine imposed for violations of sections 316.2935 and 316.610 , Florida Statutes, upon compliance with the terms of the statute....
...11 Therefore, it is my opinion that court costs and other statutorily imposed surcharges and fees must be imposed and collected for a violation of sections 316.2935 or 316.610 , Florida Statutes, when the person cited complies with the provisions of section 318.18 (2)(c), Florida Statutes, and has his or her fine reduced....
...4 Section 318.14 (2), Fla. Stat. 5 Section 318.14 (4), Fla. Stat. 6 Ibid. 7 Sections 316.2935 and 316.610 , Fla. Stat., deal with air pollution control equipment and tampering with that equipment and vehicles in an unsafe condition, respectively. 8 See s. 318.18 (13)(a) and (b), Fla....
...is $25 more than
the combined total of the amounts previously stated. In its written Judgment and
Sentence, the trial court imposed $796 for fines and court costs, citing sections
939.185, 938.05, 938.19, 938.05, 938.01, 938.06, 938.04, 775.083, 318.18, 939.185,
and 938.27, Florida Statutes (2023), as authority for doing so, and also imposed a
$201 domestic batterer’s surcharge, for a total of $997 in fines and costs.
Redman appealed, and while his appeal was pending, Redman filed in the trial
court a motion to correct sentencing error, wherein he requested a breakdown of the
lump sum court costs imposed because section 938.05 was cited twice and section
318.18 pertains only to traffic infractions....
...The State speculates
that because the statutes cited in the final order allow for the imposition of costs
greater than $296, this Court should affirm. However, Redman correctly notes that
the trial court cited section 938.05 twice and included reference to section 318.18,
which the State concedes relates only to traffic infractions....
...The first is a $26 cost authorized by the
Seventeenth Judicial Circuit’s Administrative Order VI-02-D-3 for cases
heard in county court. We agree that the $26 assessment was improper
and must be removed. In addition, the court incorrectly assessed $10
under section 318.18(19), Florida Statutes (2019); $30 under section
318.13(13)(a), Florida Statutes (2019); and $65 under section 318.18(2),
Florida Statutes (2019)....
...cannabis in excess of the
statutory maximum; (2) court costs for that offense under section
938.05(1)(b), Florida Statutes (2017), after imposing costs under the same
statutory provision for a companion felony charge in the case; and (3) costs
under section 318.18, Florida Statutes (2017), when no traffic offense was
charged in the case....
...(2006)], it could have expressly done so as it has in other cost statutes.
See, e.g., . . . § 938.05(1), Fla. Stat. (2016) (‘shall pay as a cost in the case’)
. . .”).
In both Case No. 16-3306CF10A and Case No. 16-5007CF10A, the $10
charges under section 318.18(19), Florida Statutes (2016), the $30
charges under section 318.18(13)(a), Florida Statutes (2016), and the $65
charges under section 318.18(20), Florida Statutes (2016), must be
stricken because chapter 318 concerns traffic offenses, and the defendant
was not charged with traffic offenses. See Anguille v. State, 238 So. 3d
856, 856 (Fla. 4th DCA 2018) (court erred by imposing costs under section
318.18, Florida Statutes (2017), when no traffic offense was charged).
In both Case No....
...Appellant correctly argues that the trial court erred in
denying his motion to correct sentencing error filed pursuant to
Florida Rule of Criminal Procedure 3.800 as to certain costs, fines,
and surcharges.
As the State concedes, the $2 cost imposed under section
318.18(11)(d), Florida Statutes, must be stricken because
Appellant was not convicted for a traffic infraction....
...November 27, 2021.3
As argued in Ground 4, the $10 court cost imposed pursuant to
section 28.24(12)(a), (b) or (d) must be stricken, as subsection (12) is not
relevant in a criminal case.
In Ground 5, Glaubius correctly argues that the citation to section
318.18(13)(a)2, Florida Statutes (2021), must be amended to be
subsection (13)(a)1 (a surcharge of $30 may be imposed by ordinance to
fund state court facilities). The surcharge must cite to a county
ordinance, or else it must be stricken. See Brown v. State, 348 So. 3d
31, 33-34 (Fla. 1st DCA 2022) (noting that the $30 state facilities
surcharge under section 318.18(13)(a)1 requires adoption by local
government ordinance, and the ordinance must be cited in the trial
court's written order); see also Dibelka v....
...of this chapter, except criminal offenses enumerated in subsection (4), shall be deemed an infraction, as defined in s. 318.13 (3). (2) Infractions of this chapter which do not result in a hearing shall be subject to the civil penalties provided in s. 318.18 . Section 318.18 (1), F.S., provides that the penalty required for a noncriminal disposition shall be "[f]ive dollars for all infractions of bicycle regulations under s....
...uded within and subject to all those provisions of Ch. 316 , F.S., as amended, governing noncriminal traffic violations by vehicles (as defined by Ch. 83-68) and the drivers and operators of vehicles and vehicular traffic, and to the provisions of s 318.18 (2) and (3), F.S., where applicable. Of course, violators of the special regulations enumerated in s 316.2065 , as amended, are subject to the penalty prescribed in s 318.18 (1), F.S....
...316 , F.S., as amended, applicable to and governing noncriminal traffic violations by the drivers or operators of vehicles, as defined by s 316.003 (64), F.S., as amended, or governing vehicles and vehicular traffic as defined in s 316.003 , F.S., as amended, is subject to the penalties prescribed in s 318.18 (2) and (3), F.S., for nonmoving and moving violations respectively....
Published | Court of Appeals for the Eleventh Circuit
...Because ATS took no cut of Pincus’s statutory
penalty but rather charged him a fee in excess of that penalty, the district court
concluded that ATS did not violate § 316.0083(1)(b)(4).
9
Pincus also argues that his fee was a prohibited commission under another statute,
§ 318.18(15)(d)....
...collection of the fee he paid violated § 318.121. Section 318.121 provides:
Notwithstanding any general or special law, or municipal or county
ordinance, additional fees, fines, surcharges, or costs other than the
court costs and surcharges assessed under s. 318.18(11), (13), (18),
(19), and (22) may not be added to the civil traffic penalties assessed
under this chapter.
Fla....
...when enforced by a state officer), 316.0083(1)(b)(3)(b) (providing for the penalty
and allocation of its revenue when enforced by a county or municipal officer).
The difficulty is that, as amended, Chapter 318 includes a pair of
functionally identical provisions. See id. §§ 318.18(15)(a)(2) (providing for the
same penalty and allocation as § 316.0083(1)(b)(3)(a), albeit in a rearranged
order), 318.18(15)(a)(3) (providing for the same penalty and allocation as
§ 316.0083(1)(b)(3)(b), albeit in a rearranged order)....
...nalties.” Id. He
points to the fact that § 316.0083(1)(a) authorizes traffic enforcement officers to
issue citations for violations of § 316.074(1), which requires drivers to obey the
commands of “any official traffic control device,” and § 318.18 provides for
penalties “for a violation of § 316.074(1).” Fla. Stat. §§ 316.0083(1)(a),
316.074(1), 318.18(15)(a)(1). Pincus maintains that his violation of § 316.074(1)
was assessed under § 318.18, and therefore § 318.121’s no-surcharge rule applies.
Pincus’s second argument focuses on the text of the provision setting forth
the no-surcharge rule itself. He points out that § 318.121 exempts from its no-
surcharge rule costs imposed under five subsections. See id. § 318.121 (barring
“additional fees, fines, surcharges, or costs other than the court costs and
surcharges assessed under s. 318.18(11), (13), (18), (19), and (22)” (emphasis
added)). The last of these exceptions, for § 318.18(22), is relevant here....
...316.0083 which are upheld, the local hearing officer
15
USCA11 Case: 19-10474 Date Filed: 02/02/2021 Page: 16 of 31
may also order the payment of county or municipal costs, not to exceed
$250.
Id. § 318.18(22)....
...Section 318.121, then, carves out only one exception to its
surcharge prohibition for penalties prescribed under § 316.0083—a payment of
municipal costs ordered by a local hearing officer. And that exception does not
apply to ATS’s fee. Pincus contends that § 318.121’s exception for § 318.18(22)
furthers his argument in two ways: (1) it demonstrates that, in general, § 318.121’s
no-surcharge rule applies to penalties enforced under § 316.0083, and (2) it shows
that, in the context of photo-enforced red light penalties, t...
...ng to “any reasonable interpretation of
those words,” the district court erred in concluding that Pincus’s penalty was not
“assessed under” Chapter 318. Appellant’s Br. at 14, 26; see Doc. 44 at 11–13
(district court concluding that § 318.18(15)(a)(2) was “at most, a parallel cross-
reference” to the civil traffic penalty assessed under Chapter 316)....
...And § 316.00831 provides for the allocation
of a collected penalty when a municipality “impose[s] a penalty under
s. 316.0083(1)(b).” Id. § 316.00831 (emphasis added). According to ATS,
Chapter 318 similarly suggests that Pincus’s penalty was assessed under Chapter
316. See id. § 318.18(22) (“In addition to the penalty prescribed under
s....
...Ms. Slay: This is in response to your request, in your capacity as county attorney for Gadsden County, for an opinion on substantially the following questions: (1) SHOULD THE ADDITIONAL $4.00 AUTHORIZED BY CH. 85-225, LAWS OF FLORIDA, WHICH AMENDED ss. 318.18 , 34.191 and 316.660 , F.S., BE LEVIED ON ALL NONCRIMINAL TRAFFIC INFRACTIONS, OR ONLY INFRACTIONS FROM A MUNICIPALITY WHICH PRESENTLY HAS A SCHOOL CROSSING GUARD PROGRAM? (2) IF THIS ADDITIONAL PENALTY IS TO BE IMPOSED ON ALL NONCRIMINAL T...
...THE NUMBER OF GUARDS EMPLOYED BY EACH MUNICIPALITY? QUESTION ONE For the following reasons, it is my opinion that the additional penalty of up to $4.00, once approved by the county commission, should be levied on all noncriminal traffic infractions. Section 318.18 , F.S., "Amount of civil penalties" describes penalties required for a noncriminal disposition pursuant to s. 318.14 (1), (2) and (4), that statute dealing with noncriminal traffic infractions. Section 318.18 (8), as amended by the 1985 Legislature 1 , provides: In addition to any civil penalties imposed by this section, the clerk of the court is authorized, upon approval of the board of county commissioners of the county, to assess an additional penalty of up to $4 per violation for the purpose of funding a county or municipal school crossing guard program. (e.s.) The plain language of s. 318.18 ("penalties required") and subsection (8)'s authorization of assessment of additional penalties per violation, with no limitation expressed, indicates that this additional penalty should be levied on all noncriminal traffic infractions for which penalties are assessed pursuant to s. 318.18 , and not just on infractions occurring within certain municipalities. QUESTION TWO For the following reasons, it is my opinion that the additional penalties assessed pursuant to s. 318.18 (8), F.S., should be paid to those local governmental entities in Gadsden County which administer school guard programs. Section 318.18 (8) expressly states that the purpose of that subsection's additional assessment is "funding a county or municipal school crossing guard program." (e.s.) Section 318.21 provides for distribution and payment of such civil penalties by s...
...l jurisdiction of the county court, shall be paid monthly to that county or municipality respectively. However, s. 316.660 (4), F.S., as amended by s. 3, Ch. 85-255, Laws of Florida, expressly provides: The additional penalties collected pursuant to s. 318.18 (8) shall be paid monthly, in accordance with s....
...318.21 , to the local governmental entity administering a school crossing guard program. (e.s.) See also, s. 34.191 (5) (containing identical language and enacted, as noted above, by the same session law). Section 1.01 (1), F.S., allows construction of the word "entity" to include the plural "entities," such that the s. 318.18 (8) penalty monies shall be paid to the several local governmental entities administering a school crossing guard program. Thus, ss. 316.660 (4) and 34.191 (5) expressly provide that s. 318.18 (8) monies are to be paid to the local governmental entity administering a school crossing guard program and as the later and more specific statutes, should be regarded as controlling....
...it should be based on factors such as school population rather than number of guards employed. In summary, until legislatively or judicially determined otherwise, it is my opinion that: (1) the additional penalty of up to four dollars authorized by s. 318.18 (8) for the purpose of funding a county or municipal school crossing guard program, should be levied on all noncriminal traffic infractions, and not just on infractions occurring within certain municipalities. (2) the monies derived from the additional penalties assessed pursuant to s. 318.18 (8) should be paid to those local governmental entities within a county [county and/or municipalities] which administer school crossing guard programs....
...However, this office cannot state what the formula for apportionment of such monies among the qualifying local governmental entities should be. Sincerely, Jim Smith Attorney General Prepared by: Anne Curtis Terry Assistant Attorney General 1 See note 1 to s. 318.18 , F.S. Section 318.18 , F.S., as published, incorporates amendments from s. 25, Ch. 85-167; s. 3, Ch. 85-250; s. 2, Ch. 85-255; s. 6, Ch. 85-309; and s. 4, Ch. 85-337. Section 25, Ch. 85-167, added a new subsection (7) to s. 318.18 , as did s. 2 of Ch. 85-255. The revisor renumbered s. 318.18 (7) created by s. 2 of Ch. 85-255 as s. 318.18 (8)....
...suspended the driver license, the civil penalty may be paid without a hearing or the defendant may agree to attendrequest a hearing. If the defendant requests a hearing, the clerk must set the case for hearing upon payment of the costs specified in section 318.18(8)(a), Florida Statutes....
...fore the department 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....
...ense has been 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....
...If the defendant appears before the
clerk after the notice has beenwas sent but before the department has
suspendedsuspends the driver license, the defendant may pay the civil penalty may
be paid without a hearingtogether with any additional penalty required by section
318.18(8)(a), Florida Statutes, or the defendant may request a hearing. If the
defendant requests a hearing, the clerk mustshall set the case for hearing upon
payment of the costs specified in section 318.18(8)(a), 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
may pay the civil penalty, elect to attend a driver improvement school, together
with any additional penalty required by section 318.18(8)(a), Florida Statutes, or
request a hearing....
...l 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....
...s system for the disposition of traffic infractions." 2 I would note that the Legislature has appropriated funds for the design and operation of an automated statewide Uniform Traffic Citation Accounting System to be operated 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....
...On or before December 1, 2001, the clerks of the court must provide the information required by this chapter to be transmitted to the department by electronic transmission pursuant to the contract." Thus, an automated system to collect this information is currently under development. Section 318.18 , Florida Statutes, establishes penalties for noncriminal disposition of traffic infractions....
...The statute imposes standard civil penalty amounts and court costs for such offenses as infractions of pedestrian regulations, 3 nonmoving traffic violations, 4 and moving traffic infractions. 5 For example, a penalty of $100 is imposed for failure to stop for a school bus under section 318.18 (5)(a), Florida Statutes, and court costs of $10 are also imposed under section 318.18 (11)(a), Florida Statutes, as this offense is a moving traffic infraction....
...person elects to appear before an official includes the payment of a fine or civil penalty, payment may be made before the bureau. The bureau may also accept appearances, waivers of hearings, admissions and payment of civil penalties as provided in section 318.18 , Florida Statutes, in traffic infraction cases where the driver originally elected, but was not required, to appear before an official prior to the date of the hearing. The bureau shall act under the direction and control of the judges of the court. (b) The court shall post in the place where civil penalties are to be paid in the violations bureau the schedule of the amount of the civil penalty as provided in section 318.18 , Florida Statutes....
...essment and distribution of civil fines under section 318.21 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 See, s. 318.11 , Fla. Stat., providing the short title for the act. 2 Section 318.12 , Fla. Stat. 3 Sections 318.18 (1)(a) and (11)(a), Fla. Stat. 4 Sections 318.18 (2) and (11)(a), Fla. Stat. 5 Sections 318.18 (3) and (11)(a), Fla....
BOARDMAN, Acting Chief Judge. The state appeals a county court order finding the enhanced penalty provisions of section 318.18(3), Florida Statutes (Supp....
...section. We hold that the challenged subsection is constitutional; we therefore reverse. Appellee Bill M. Garner was given a traffic citation for traveling 70 miles per hour in a 55 mph zone on October 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....
...322.291 and the fine is waived, the added fine of $25 or $50 shall not be waived but shall be paid to the Traffic Violations Bureau and distributed as provided in ss. 34.191 and 316.660. (Italicizing indicates new language.) The trial court agreed and found the portion of section 318.18(3) italicized above unconstitutional....
...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....
...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 official may impose a civil penalty not to exceed $500 or require attendance at a driving school or both has been held constitutional. Levitz v. State, 339 So.2d 655 (Fla.1976). Contrary to the trial court’ assumption, moreover, under section 318.18(3) as amended, a person who contests a charge of speeding over 65 mph in a 55 mph zone and is found guilty must pay the enhanced penalty ($25 for a speed between 65 and 80 mph, and $50 for a speed of 80 mph or higher) 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 fact that this discretion has now been limited so that a minimum fine of $25 or $50 must now be imposed on anyone convicted of speeding in excess of 65 mph in a 55 mph speed zone creates no conflict between the statutes. Accordingly, the trial court’s order ruling section 318.18(3), Florida Statutes (Supp....
...1980) unconstitutional is REVERSED and the cause REMANDED. However, the trial court is not required by our mandate to increase the amount of the fine against appellee; the court may, in its discretion, choose to treat the $25 fine originally imposed as the additional fine required by the amendment to section 318.18(3) and to waive any further fine....
...Appellee, Amos Jackson, Jr., was issued a traffic citation for driving at a speed of 82 mph where the posted speed limit was 55 mph. He originally entered a plea of not guilty but later changed his plea to no contest and moved for reduction of penalty by asserting that Section 318.18(3) was unconstitutional. Section 318.18(3) provides a basic civil penalty for moving traffic violations which do not require a mandatory court appearance....
...55 mph and establishes categories of additional fines based upon the amount by which the speed limit is exceeded. Since Mr. Jackson was cited for exceeding the posted speed limit by 27 mph, his fine could have been the maximum amount established by Section 318.18(3). The trial court agreed with appellee’s assertion and found Section 318.18(3) to be unconstitutional, basing its decision on similar findings by other trial courts....
...ial court to argue the constitutionality of the statute. We find this contention to be without merit. State v. Johnson, 345 So.2d 1069 (Fla.1977). We note that the trial judge did not specify in the order appealed from the rea *1098 sons for finding Section 318.18(3) unconstitutional....
...The opinions in the footnoted cases and cited in his order appear to be couched in terms of the equal protection clauses of the United States Constitution and the Florida Constitution. Additionally, the memorandum submitted to the trial court by the defendant-appellee asserted that the surcharges established by Section 318.18(3) violated the constitutional prohibition against excessive fines....
...State v. Garner, 402 So.2d 1333 (Fla. 2d DCA 1981). We find that the Legislature could reasonably determine that highways with 55 mph speed limits required special attention to protect the safety of our citizens. Since the classifications created by Section 318.18(3) rests upon a real and practical basis in promoting highway safety, they are constitutionally sound....
...” We find that the enhanced civil fines of $25 or of $50 are not so excessive as to be cruel or unusual. Nor are they in excess of reasonable requirements to redress the wrong of excessive automobile speeds on the state’s highways. Accordingly we find Section 318.18(3), F.S....
