Florida Rules of Traffic Court

Version: Florida Rules of Traffic Court Florida Rules of Traffic Court

FLORIDA RULES OF TRAFFIC COURT

TABLE OF CONTENTS

FLORIDA RULES OF TRAFFIC COURT
TABLE OF CONTENTS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
I. SCOPE, PURPOSE, AND CONSTRUCTION
RULE 6.010. SCOPE
RULE 6.020. PURPOSE AND CONSTRUCTION
II. GENERAL PROVISIONS
RULE 6.040. DEFINITIONS
RULE 6.080. IMPROPER DISPOSITION OF TRAFFIC TICKET
RULE 6.090. DIRECT AND INDIRECT CRIMINAL CONTEMPT
RULE 6.100. TRAFFIC VIOLATIONS BUREAU
RULE 6.110. DRIVER IMPROVEMENT, STUDENT TRAFFIC
SAFETY COUNCIL, AND SUBSTANCE ABUSE
EDUCATION COURSES
RULE 6.130. CASE CONSOLIDATION
RULE 6.150. WITNESSES
III. CRIMINAL OFFENSES
RULE 6.160. PRACTICE AS IN CRIMINAL RULES
RULE 6.165. COMPLAINT; SUMMONS; FORM; USE
RULE 6.180. SENTENCING REPEAT OFFENDERS
RULE 6.183. PEREMPTORY CHALLENGES
RULE 6.190. PROCEDURE ON FAILURE TO APPEAR; WARRANT;
NOTICE
RULE 6.200. PLEAS AND AFFIDAVITS OF DEFENSE
RULE 6.290. WITHHOLDING ADJUDICATION PROHIBITED
RULE 6.291. PROCEDURES ON WITHHELD ADJUDICATION IN
DRIVING WHILE LICENSE SUSPENDED; COSTS
AND ENLARGEMENT OF TIME TO COMPLY;
RECORD OF CONVICTIONS
RULE 6.300. DRIVER LICENSE REVOCATION; MAINTAINING LIST

RULE 6.310. LESSER INCLUDED OFFENSES
IV. TRAFFIC INFRACTIONS
RULE 6.320. COMPLAINT; SUMMONS; FORMS; USE
RULE 6.325. SPEEDY TRIAL: INFRACTIONS ONLY
RULE 6.330. ELECTION TO ATTEND A DRIVER IMPROVEMENT
COURSE
RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND
WAIVER OF APPEARANCE
RULE 6.350. COMPUTATION OF TIME
RULE 6.360. ENLARGEMENT OF TIME
RULE 6.380. NONVERIFICATION OF PLEADINGS
RULE 6.400. CLERK TO PREPARE AND SEND REPORTS
RULE 6.445. DISCOVERY: INFRACTIONS ONLY
RULE 6.450. ORDER OF HEARING
RULE 6.455. AMENDMENTS
RULE 6.460. EVIDENCE
RULE 6.470. COSTS
RULE 6.480. DEFERRED PAYMENT OF PENALTY IMPOSED
RULE 6.490. CORRECTION AND REDUCTION OF PENALTY
RULE 6.500. ENTRY OF DISPOSITION
RULE 6.510. DETERMINATION THAT INFRACTION WAS NOT
COMMITTED; BOND REFUNDED
RULE 6.520. EFFECT OF GRANTING NEW HEARING
RULE 6.530. IMPOSITION OF PENALTY BEFORE OR AFTER
MOTION FILED
RULE 6.540. TIME FOR AND METHOD OF MAKING MOTIONS;
PROCEDURE
RULE 6.550. OFFICIAL MAY GRANT NEW HEARING
RULE 6.560. CONVICTION OF TRAFFIC INFRACTION
RULE 6.570. REPORTING ACTION REQUIRING SUSPENSION OF
DRIVER LICENSE
RULE 6.575. RETENTION OF CASE FILES
RULE 6.590. FAILURE TO COMPLETE DRIVER IMPROVEMENT
COURSE; REINSTATEMENT OF DRIVER LICENSE

RULE 6.600. FAILURE TO APPEAR OR PAY CIVIL PENALTY;
REINSTATEMENT OF DRIVER LICENSE
RULE 6.610. FAILURE TO SATISFY PENALTY IMPOSED AFTER A
HEARING; REINSTATEMENT OF DRIVER LICENSE

RULE 6.620. FAILURE TO APPEAR FOR MANDATORY HEARING;
REINSTATEMENT OF DRIVER LICENSE
RULE 6.630. CIVIL TRAFFIC INFRACTION HEARING OFFICER
PROGRAM; TRAFFIC HEARING OFFICERS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES

Transition Rule 20 was proposed in 1974 and adopted as an emergency rule to
handle all traffic cases—effective 1-1-75: 306 So. 2d 489.

OTHER OPINIONS:

Effective Date Citation Description
Effective 2-5-75: 307 So.2d 825. Amended 6.156(c).
Effective 5-1-75: 311 So.2d 665. Amended numerous rules.
Effective 3-31-76: 330 So.2d 129. Amended 6.110, 6.156.
Effective 6-30-76: 335 So.2d 2. Amended 6.340.
Effective 1-27-77: 342 So.2d 80. Amended 6.330.
Effective 6-2-77: 347 So.2d 413. Amended 6.110.
Effective 5-11-78: 358 So.2d 1360. Amended 6.290; added 6.575.
Effective 12-14-78: 366 So.2d 400. Amended numerous rules.
Effective 7-18-79: 372 So.2d 1377. Amended 6.200, 6.470.
Effective 11-1-79: 376 So.2d 1157. Amended 6.110(a).
Effective 7-1-81: 401 So.2d 805. Added 6.115.
Effective 2-11-82: 410 So.2d 1337. Deleted Transition Rule 20; amended numerous
rules.
Effective 9-14-82: 426 So.2d 9. Amended 6.115.
Effective 1-1-85: 458 So.2d 1112. Amended numerous rules.
Effective 1-1-85: 458 So.2d 1115. Amended 6.470(c).
Effective 10-1-85: 477 So.2d 542. Amended numerous rules.
Effective 10-1-86: 494 So.2d 1129. Amended numerous rules.
Effective 9-8-88: 531 So.2d 150. Amended 6.115.
Effective 1-1-89: 530 So.2d 274. Four-year-cycle revisions. Numerous rules
amended. (See 536 So.2d 181.)
Effective 1-1-89: 536 So.2d 181. Revised opinion at 530 So.2d 274.
Effective 3-29-90: 559 So.2d 1101. Amended 6.010, 6.040, 6.080, 6.100, 6.130; added
6.630.
Effective 10-11-90: 567 So.2d 1380. Amended 6.110, 6.115, 6.185, 6.291, 6.630.
Effective 11-12-92: 608 So.2d 469. Amended 6.156.
Effective 1-1-93; 608 So.2d 451 Four-year-cycle revisions. Numerous rules
1-1-94: amended, deleted. Rule 6.325 to become effective 1-
1-94.
Effective 7-1-93: 621 So.2d 1063. Amended 6.040, 6.110, 6.140; repealed 6.156.
Effective 1-11-96: 667 So.2d 188. Amended 6.325, 6.630(d).
Effective 1-1-97: 685 So.2d 1242. Four-year-cycle revisions. Numerous rules
amended. Rule 6.445 added.
Effective 1-1-03: 822 So.2d 1239. Two-year-cycle revisions. Amended 6.630.
Effective 1-1-05: 890 So.2d 1111. Two-year-cycle revisions. Amended 6.100, 6.190,
6.200, 6.500, 6.580.
Effective 1-1-07: 938 So.2d 983. Amended 6.040, 6.455, and 6.630.
Effective 1-1-10: 24 So.3d 176. Three-year-cycle revisions. Amended 6.291, 6.330,
6.445, 6.480; and repealed 6.115 (effective 12-3-
09).
Effective 9-1-12: 102 So.3d 505. Amended 6.370.
Effective 10-1-12: 95 So.3d 96. Amended 6.350. Deleted 6.370.
Effective 1-1-13: 105 So.3d 1267. Amended 6.600(b).
Effective 1-1-14: 131 So.3d 714. Amended 6.630.
Effective 1-1-16: 166 So.3d 179. Amended 6.190, 6.380, 6.460, and 6.630.
Effective Date Citation Description
Effective 1-1-19: 252 So.3d 704. Amended 6.010, 6.020, 6.080, 6.090, 6.140, 6.180,
6.190, 6.200, 6.320, 6.330, 6.360, 6.455, 6.490,
6.500, 6.510, 6.520, 6.530, 6.550, 6.560, 6.570,
6.575, 6.590, and 6.600. Deleted 6.580.
Effective 11-14-19: 283 So.3d 794. Amended 6.040.
Effective 10-28-21: 2021 WL 5050374. Amended 6.350 and 6.575.
Effective 10-1-2022 SC21-990 Deleted 6.140 and amended 6.340.

NOTE TO USERS: Rules in this pamphlet are current through 2021 WL
5050374. Subsequent amendments, if any, can be found at
www.floridasupremecourt.org/decisions/rules.shtml.
I. SCOPE, PURPOSE, AND CONSTRUCTION

RULE 6.010 cases. SCOPE

(a) Application. These rules, cited as “Florida Rules of
Traffic Court” and abbreviated as “Fla. R. Traf. Ct.,” shall take effect
at 12:00 a.m. on January 1, 1975. These rules govern practice and
procedure in any traffic case and specifically apply to practice and
procedure in county courts and before civil traffic infraction hearing
officers.

(b) Part III. The rules under Part III of these rules apply to
all criminal traffic offenses.

(c) Part IV. The rules under Part IV of these rules apply only
to traffic infractions adjudicated in a court of the state, whether by
a county court judge or civil traffic infraction hearing officer.

Committee Notes
1990 Amendment. The statutory authorization of civil traffic infraction
hearing officers by chapter 89-337, Laws of Florida, necessitates reference to
such hearing officers (statutorily referred to interchangeably as magistrates) in
the traffic court rules. Reference in the proposed rule to traffic magistrate
rather than merely magistrate is designed to distinguish the former from other
magistrates, especially in relation to the applicability of the Code of Judicial
Conduct (see section of code entitled “Compliance with the Code of Judicial
Conduct”), thereby avoiding the possibility of conflict with authorizing statute.

1992 Amendment. Because traffic violations are contained in several
chapters of Florida Statutes, references to chapter 318 have been deleted to
eliminate latent inconsistencies.

1996 Amendment. Enactment of chapter 94-202, Laws of Florida,
necessitated the deletion of all references in the rules to traffic “magistrates” in
favor of the term traffic “hearing officers.”

RULE 6.020 cases. PURPOSE AND CONSTRUCTION

These rules shall be construed to secure simplicity and
uniformity in procedure, fairness in administration, and the
elimination of unnecessary expense and delay.
II. GENERAL PROVISIONS

RULE 6.040 cases. DEFINITIONS

The following definitions apply:

(a) “Cancellation” means the act of declaring a driver license
void and terminated.

(b) “Clerk” means clerk of the initiating court or trial court.

(d) “Court” means any circuit or county court to which these
rules apply and the judge thereof or any civil traffic hearing officer
program and the traffic hearing officer thereof.

(e) “Charging document” means any information, uniform
traffic citation, complaint affidavit, or any other manner of charging
a criminal traffic offense under law.

(f) “Criminal traffic offense” means a violation that may
subject a defendant upon conviction to incarceration, within the
jurisdiction of a court to which these rules apply.

(g) “Department” means the Department of Highway Safety
and Motor Vehicles, defined in section 20.24, Florida Statutes, or
the appropriate division thereof.

(h) “Disqualification” means a prohibition, other than an
out-of-service order, that precludes a person from driving a
commercial motor vehicle.

(i) “Infraction” means a noncriminal traffic violation that is
not punishable by incarceration and for which there is no right to a
trial by jury or a right to court-appointed counsel.

(j) “Infraction requiring a mandatory hearing” refers to an
infraction listed in section 318.19, Florida Statutes, which requires
an appearance before a designated official at the time and location
of the scheduled hearing.

(k) “Judge” means any judicial officer elected or appointed
by the governor authorized by law to preside over a court to which
these rules apply.

(l) “Law” includes the constitutions of the United States and
the State of Florida, statutes, ordinances, judicial decisions, and
these rules.

(m) “Oath” includes affirmations.

(n) “Officer” means any enforcement officer charged with and
acting under authority to arrest or cite persons suspected or known
to be violating the statutes or ordinances regulating the operation of
equipment or vehicles or the regulation of traffic.

(o) “Official” means any state judge or traffic hearing officer
authorized by law to preside over a court or at a hearing
adjudicating traffic infractions.

(p) “Open court” means in a courtroom as provided or
judge’s or traffic hearing officer’s chambers of suitable judicial
decorum.

(q) “Out-of-service order” means a prohibition issued by an
authorized local, state, or Federal Government official that
precludes a person from driving a commercial motor vehicle.

(r) “Prosecutor” means any state attorney or any attorney
who represents a state, state or local agency, county, city, town, or
village in the prosecution of a defendant for the violation of a
statute or ordinance.

(s) “Revocation” means the termination of a licensee’s
privilege to drive.

(t) “Suspension” means the temporary withdrawal of a
licensee’s privilege to drive a motor vehicle.
(u) “Suspension or revocation equivalent status” is a
designation for a person who does not have a driver license or
driving privilege but would qualify for suspension or revocation of
his or her driver license or driving privilege if licensed. The
department may designate a person as having suspension or
revocation equivalent status in the same manner as it is authorized
to suspend or revoke a driver license or driving privilege by law.

(v) “Traffic hearing officer” means an official appointed under
the civil traffic infraction hearing officer program who shall have the
power to adjudicate civil traffic infractions subject to certain
exceptions.

(w) “Victim” is any person who suffers direct or threatened
physical, psychological, or financial harm as a result of the
commission or attempted commission of a crime or delinquent act
or against whom the crime or delinquent act is committed. The term
“victim” includes the victim’s lawful representative, the parent or
guardian of a minor, or the next of kin of a homicide victim, except
upon a showing that the interest of such individual would be in
actual or potential conflict with the interests of the victim.

(x) “Warrant” includes capias.

Committee Notes
1990 Amendment. In order to accommodate both the court and hearing
officer program as alternative sources for the adjudication of civil infractions,
the definition of court has been expanded. The term judge has been redefined
to limit its reference to only county court judges and the reference to official
has been expanded to include the traffic magistrate. In addition, a separate
definition for traffic magistrate has been added.

1992 Amendment. Defines charging document and more precisely
defines criminal traffic offense.

2019 Amendment. The Committee amended the definitions to effectuate
the amendment to article I, section 16 of the Florida Constitution and chapter
2019-167, Laws of Florida. Further amendments place the definitions in
alphabetical order.

RULE 6.080 cases. IMPROPER DISPOSITION OF TRAFFIC TICKET

Any person who solicits or aids in the disposition of a traffic
complaint or summons in any manner other than that authorized
by law or who willfully violates any provision of these rules shall be
proceeded against for criminal contempt in the manner provided in
these rules. However, a traffic hearing officer shall not have the
power to hold any person in contempt of court, but shall be
permitted to file a verified motion for order of contempt before any
state trial court judge of the same county in which the alleged
contempt occurred. Such matter shall be handled as an indirect
contempt of court pursuant to the provisions of Florida Rule of
Criminal Procedure 3.840.

Committee Notes

1990 Amendment. This rule expands the statutory mandate of Chapter
89-337, section 3(1) which deprives magistrates of the power of contempt with
respect to defendants only. The rule extends the prohibition of a magistrate’s
direct contempt powers to cover any person. The Committee expressed concern
that if the contempt prohibition were limited to only the defendant, it might be
assumed that such powers existed with respect to others such as attorneys,
court personnel and witnesses. This rule also incorporates reference to the
provisions of Florida Rule of Criminal Procedure 3.840 by specifying that
magistrates may initiate indirect contempt proceedings by filing a verified
motion for order of contempt pursuant to the Rule of Criminal Procedure.

RULE 6.090 cases. DIRECT AND INDIRECT CRIMINAL CONTEMPT

Direct and indirect criminal contempt shall be proceeded upon
in the same manner as in the Florida Rules of Criminal Procedure.

Committee Notes
1988 Amendment. The change from the word “punished” to the words
“proceeded upon” were needed to make clear that the Committee intended to
follow the procedure as outlined in Rule 3.830 and Rule 3.840, Criminal
Procedure Rules. Those rules are procedural and contain no penalties.

RULE 6.100 cases. TRAFFIC VIOLATIONS BUREAU

(a) Establishment and Function. A traffic violations bureau
shall be established in each county court by administrative order of
the chief judge of the circuit in which the county court is located.
The function of the bureau shall be to accept appearances, waivers
of non-criminal hearings, admissions, payment of civil penalties for
traffic infractions not requiring a mandatory hearing, and nolo
contendere pleas under the authority of section 318.14(9) and (10),
Florida Statutes. If any person’s sentence for a criminal traffic
offense or penalty for a traffic infraction requiring a mandatory
hearing or a traffic infraction in which the 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 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. All fines, civil
penalties, and costs shall be paid to, receipted by, and accounted
for by the violations bureau or proper authority in accordance with
these rules.

(c) Statistical Reports. All cases processed in the violations
bureau shall be numbered, tabulated, and reported for
identification and statistical purposes. In any statistical reports
required by law, the number of cases disposed of by the violations
bureau shall be listed separately from those disposed of in open
court.

Committee Comments
1990 Amendment. This amendment was proposed to avoid possible
confusion as to any authority traffic hearing officers could have in relation to
the operation of traffic violations bureaus.

RULE 6.110 cases. DRIVER IMPROVEMENT, STUDENT TRAFFIC
SAFETY COUNCIL, AND SUBSTANCE ABUSE
EDUCATION COURSES

(a) Designation of School. In those areas where defendants
are ordered or are allowed to elect to attend a driver improvement
school or student traffic safety council school, or are sentenced to a
substance abuse education course, the chief judge of the circuit
shall issue an administrative order designating the schools at which
attendance is required. No substance abuse education course shall
be approved by the chief judges until approval is first granted by
the DUI Programs Director. For persons ordered to attend driver
improvement schools, those schools approved by the department
shall be considered approved for purposes of this rule.

(b) Inspection and Supervision. Any programs designated
to serve an area of the state are subject to the inspection and
supervision of the DUI Programs Director.

(c) Out-of-State Residents. Out-of-state residents
sentenced to a driver improvement school course or substance
abuse program may elect to complete a substantially similar
program or school in their home state, province, or country.

Committee Notes
1988 Amendment. The reason for the change was to bring subdivision
(a) into conformity with the statutory language in section 322.282, Florida
Statutes, which states “substance abuse education course” rather than a “DWI
Counter Attack School.”

Subdivision (c) is new and was designed to allow compliance with section
316.193(5), Florida Statutes, when the person did not reside in Florida, was in
Florida for only a short, temporary stay, and attendance at a substance abuse
course in Florida would constitute a hardship. Section 316.193(5) requires only
that the substance abuse course be “specified by the court.”

1990 Amendment. The offense of Driving While Intoxicated was
abolished by statute, thereby making reference to DWI inappropriate. The title
of the person coordinating Substance Abuse Education Courses has been
changed from that of Schools Coordinator to that of Programs Director.

RULE 6.130 cases. CASE CONSOLIDATION

When a defendant is cited for the commission of both a
criminal and a civil traffic violation, or both a civil traffic infraction
requiring a mandatory hearing and a civil traffic infraction not
requiring a hearing, the cases may be heard simultaneously if they
arose out of the same set of facts.

However, in no case shall a traffic hearing officer hear a
criminal traffic case or a case involving a civil traffic infraction
issued in conjunction with a criminal traffic offense.

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

Committee Notes
1990 Amendment. The rule on case consolidation was amended to
include language from chapter 89-337, Laws of Florida, which prohibits traffic
magistrates from hearing civil infractions arising out of same facts as criminal
traffic offenses.

RULE 6.150 cases. WITNESSES

(a) Procedure. The procedure prescribed by law in civil and
criminal cases concerning the attendance and testimony of
witnesses, the administration of oaths and affirmations, and
proceedings to enforce the remedies and protect the rights of the
parties shall govern traffic cases as far as they are applicable unless
provided otherwise by these rules or by the law. Payment of witness
fees and costs of serving witnesses in civil traffic cases shall be
made in the same manner as in a criminal traffic case.

(b) Use of Affidavits. A defendant in a civil infraction case
may offer evidence of other witnesses through use of one or more
affidavits. The affidavits shall be considered by the court only as to
the facts therein that are based on the personal knowledge and
observation of the affiant as to relevant material facts. However, the
affidavits shall not be admissible for the purpose of establishing
character or reputation.

III. CRIMINAL OFFENSES

RULE 6.160 cases. PRACTICE AS IN CRIMINAL RULES

Except as provided, the Florida Rules of Criminal Procedure
shall govern this part. A defendant shall be considered “taken into
custody” for the purpose of rule 3.191 when the defendant is
arrested, or when a traffic citation, notice to appear, summons,
information, or indictment is served on the defendant in lieu of
arrest.

Committee Notes
1988 Amendment. The purpose of the change was to make clear that
both pretrial and trial procedures, under this part, are governed by the Florida
Rules of Criminal Procedure, unless there is a conflict. The previous rule had
only applied to “trial” — and the committee felt that pretrial and post-trial
procedures should also apply.

RULE 6.165 cases. COMPLAINT; SUMMONS; FORM; USE

(a) Uniform Traffic Citation. All prosecutions for criminal
traffic offenses by law enforcement officers shall be by uniform
traffic citation as provided for in section 316.650, Florida Statutes,
or other applicable statutes, or by affidavit, information, or
indictment as provided for in the Florida Rules of Criminal
Procedure. If prosecution is by affidavit, information, or indictment,
a uniform traffic citation shall be prepared by the arresting officer
at the direction of the prosecutor or, in the absence of the arresting
officer, by the prosecutor and submitted to the department.
(b) Amendment of Citation. The court may allow the
prosecutor to amend in open court a traffic citation alleging a
criminal traffic offense to state a different traffic offense. No new
traffic citation need be issued by the arresting officer. The court
shall grant additional time to the defendant for the purpose of
preparing a defense if the amendment has prejudiced the
defendant.

Committee Notes
1988 Amendment. It was felt that due process required the court to
grant a continuance to the defendant as a matter of right, if the amendment
prejudiced the defendant. The committee felt that this should be mandatory
and not discretionary.

RULE 6.180 cases. SENTENCING REPEAT OFFENDERS

(a) Defendant’s Rights. A defendant alleged, to have a prior
conviction for a criminal traffic offense, shall have the right to
remain silent concerning any prior conviction at the time of plea or
sentence.

(b) Proof of Prior Convictions. If the right to remain silent
is invoked by the defendant, the state shall have a reasonable time,
if requested, to determine if any prior convictions exist. If the state
is unable to prove any prior convictions, the defendant shall be
treated as if no prior convictions exist.

(c) Suspension by Department. This provision shall not
prevent the department from suspending a defendant’s driving
privilege for a longer period than the court has entered if a prior
record is discovered by the department.

Committee Notes
1988 Adoption. Rule 6.180 is new and is designed to codify existing
procedures in DUI cases. The rule sets forth what has become known as a
“Meehan plea.” Meehan v. State, 397 So. 2d 1214 (Fla. 2d DCA 1981).

1992 Amendment. Makes a “Meehan plea” applicable to all criminal
traffic offenses.
RULE 6.183 cases. PEREMPTORY CHALLENGES

In every jury trial in which a defendant is charged with a
violation of section 316.193, Florida Statutes, each party shall have
3 peremptory challenges, but the trial court, in the interest of
justice, in its discretion may permit additional challenges.

Committee Notes
1988 Adoption. This rule was initially drafted to allow 6 peremptory
challenges per side in all DUI trials on the basis that the penalties in a DUI
were normally more severe than most third-degree felonies, that the trial was
as complicated as any second-degree felony, and that it was also subject to
extreme jury prejudice due to “media blitz” publicity and the pressures from
citizen action groups, as well as the numbers of prospective jurors who were
nondrinkers or had religious reasons against drinking. The proposed rule met
with strong opposition from the committee as drafted, with an almost even split
vote. An amendment was proposed, which is the above rule as written, which
satisfied all members of the committee, as it was recognized that the outlined
problems existed, and the committee felt that a rule was needed to affirmatively
show that additional peremptories should be freely granted by the court when
the need arises.

RULE 6.190 cases. PROCEDURE ON FAILURE TO APPEAR;
WARRANT; NOTICE

(a) Issuance of Warrants. The court may direct the issuance
of a warrant for the arrest of any resident of this state, or any non-
resident on whom process may be served in this state, who fails to
appear and answer a criminal traffic complaint or summons
lawfully served on such person and against whom a complaint or
information has been filed. The warrant shall be directed to all law
enforcement officers, state, county, and municipal, in the state and
may be executed in any county in this state.

(b) Warrant Not Issued or Served; Disposition of Case. If a
warrant is not issued or is not served within 30 days after issuance,
the court may place the case in an inactive file or file of cases
disposed of and shall report only bond forfeiture cases and cases
finally adjudicated to the driver license issuing authority of the
department. For all other purposes, including final disposition
reports, the cases shall be reported as disposed of, subject to being
reopened if thereafter the defendant appears or is apprehended.

(c) Nonresident of State; Failure to Appear or Answer
Summons. If a defendant is not a resident of this state and fails to
appear or answer a traffic complaint, the clerk of the court or the
court shall send notice to the defendant at the address stated in the
complaint and to the department. The department shall send notice
to the license issuing agency in the defendant’s home state. If the
defendant fails to appear or answer within 30 days after notice is
sent to the defendant, the court shall place the case in an inactive
file or file of cases disposed of, subject to being reopened if
thereafter the defendant appears or answers or a warrant is issued
and served.

(d) Forfeiture of Bail. The waiting period imposed herein
shall not affect any proceedings for forfeiture of bail.

RULE 6.200 cases. PLEAS AND AFFIDAVITS OF DEFENSE

(a) Record of Pleas. All pleas entered in open court shall be
recorded by an official court reporter or electronic means, unless
the defendant signs a written waiver of this right.

(b) Written Pleas of Guilty or Nolo Contendere. Subject to
the approval of the court, written pleas of guilty or nolo contendere
may be entered in criminal traffic offenses, and sentence imposed
thereon.

(c) Nonresident of County; Affidavit of Defense. Any
person charged with the commission of a criminal traffic offense
who is not a resident of or domiciled in a county where the alleged
offense took place may, at the discretion of the court, file a written
statement setting forth facts justifying the filing of an affidavit of
defense or file an affidavit of defense directly, if practicable, upon
posting a reasonable bond set by the court.
RULE 6.290 cases. WITHHOLDING ADJUDICATION PROHIBITED

Pursuant to section 316.656, Florida Statutes, no court shall
suspend, defer, or withhold adjudication of guilt or the imposition of
sentence for the offense of driving or being in actual physical
control of a motor vehicle while having an unlawful blood alcohol
level or while under the influence of alcoholic beverages, any
chemical substance set forth in section 877.111, Florida Statutes,
or any substance controlled by chapter 893, Florida Statutes.

Committee Notes
1988 Amendment. Subdivision (b) was eliminated by the committee as
there is no “lesser offense” for a DUI. Moreover, the enhanced penalty under
section 316.193(4), Florida Statutes, for a blood alcohol level of or above
has inherently changed the entire previous meaning of the eliminated
subdivision. The new enhanced penalty portion of the statute creates a “lesser
offense” to the “enhancement” — but not to the DUI.

RULE 6.291 cases. PROCEDURES ON WITHHELD ADJUDICATION IN
DRIVING WHILE LICENSE SUSPENDED; COSTS
AND ENLARGEMENT OF TIME TO COMPLY;
RECORD OF CONVICTIONS

(a) Costs. When a defendant charged with a criminal offense
elects to exercise the option of receiving a withheld adjudication
under section 318.14(10), Florida Statutes, law enforcement
education assessments under section 943.25, Florida Statutes, and
victims-of-crimes compensation costs and surcharges under
sections 938.03 and 938.04, Florida Statutes, must be assessed, in
addition to the court costs assessed by section 318.14(10), Florida
Statutes.

(b) Additional Costs. In addition to any other allowable
costs, additional court costs of up to $5 may be assessed, if
authorized by administrative order of the chief judge of the circuit.

(c) Time to Comply. When a defendant elects to exercise
the option of receiving a withheld adjudication pursuant to section
318.14(10), Florida Statutes, the clerk shall allow the defendant
such additional time as may be reasonably necessary, not exceeding
60 days, to fulfill statutory requirements. If the defendant has not
been able to comply with the statutory requirements within 60
days, the court, for good cause shown, may extend the time
necessary for the defendant to comply.

(d) Convictions. Elections under section 318.14(10), Florida
Statutes, when adjudication is withheld, shall not constitute
convictions as that term is used in chapter 322, Florida Statutes.

Committee Notes
1990 Amendment. Section 27.3455(1), Florida Statutes, was amended
to provide that any person who pleads nolo contendere to a misdemeanor or
criminal traffic offense under section 318.14(10)(a) shall be assessed costs of
$50 for the local government criminal justice trust fund. This enactment
requires the deletion of the previously existing rule provision that prohibited an
assessment of costs for the local government criminal justice trust fund.

1992 Amendment. This rule consolidates rules 6.291, 6.292, and 6.293.
It also sets a limit on the amount of time a clerk can allow a defendant to
process an administrative withheld adjudication through the clerk, without
leave of court.

RULE 6.300 cases. DRIVER LICENSE REVOCATION; MAINTAINING
LIST

In order to comply with the provisions of section 322.282(1),
Florida Statutes, the clerk need not maintain a separate list of
driver license revocations or suspensions from his or her existing
records.

RULE 6.310 cases. LESSER INCLUDED OFFENSES

No civil traffic infraction shall be considered a lesser included
offense of any criminal traffic offense.

IV. TRAFFIC INFRACTIONS

RULE 6.320 cases. COMPLAINT; SUMMONS; FORMS; USE

All citations for traffic infractions shall be by uniform traffic
citation as provided in section 316.650, Florida Statutes, or other
applicable statutes or by affidavit.
RULE 6.325 cases. SPEEDY TRIAL: INFRACTIONS ONLY

(a) General Rule. Except as otherwise provided in this rule,
every defendant charged with a non-criminal traffic infraction shall
be brought to trial within 180 days of the date the defendant is
served with the uniform traffic citation or other charging document.
If trial is not commenced within 180 days, the defendant shall be
entitled to dismissal of the infraction charge.

(b) Effect of Delay or Continuances. If the trial of the
defendant is not commenced within the 180-day requirement
established by this rule, a motion for dismissal shall be granted by
the court unless it is shown that

(1) failure to hold trial was attributable to the
defendant or the defendant’s counsel, or

(2) the defendant was unavailable for trial.

If the court finds that dismissal is not appropriate for the reasons
listed in this subdivision, the motion for dismissal shall be denied.

(c) Application of Rule. This rule shall not apply to any
infraction that is a part of a single episode or occurrence, which is
attached to, consolidated with, or associated with a criminal traffic
offense.

Committee Notes
1992 Adoption. This rule establishes a speedy trial rule for traffic
infractions and provides for automatic dismissal upon motion after the
expiration of 180 days.

1995 Amendment. Subdivision (a) was amended to make it clear that
the speedy trial rule was not meant to be a “statute of limitations.” Under the
existing statute of limitations (section 775.15(2)(d), Florida Statutes) infractions
must be filed within one year of the date of the event that is the reason for the
charge. This amendment makes it clear that the state can bring the charge
within one year from the date of the infraction, but the charge must be tried
within 180 days from the date of service of the infraction upon the accused.
Subdivision (d) was entirely eliminated as unnecessary.
RULE 6.330 cases. ELECTION TO ATTEND A DRIVER
IMPROVEMENT COURSE

(a) Attendance at a Driver Improvement Course. Unless a
mandatory hearing is required, or the defendant appears at a
hearing before an official, a defendant who does not hold a
commercial driver license or commercial learner permit may elect to
attend a driver improvement course pursuant to section 318.14(9),
Florida Statutes, within 30 days of receiving a citation or, if a
hearing was requested, at any time before trial. Pursuant to this
rule, any defendant electing to attend a driver improvement course
under section 318.14(9), Florida Statutes, will have adjudication
withheld and not be assessed points.

(b) Location of Course. A defendant who is sentenced to or
elects to attend a driver improvement course shall have the right to
attend an approved course in the location of the defendant’s choice,
including the internet when the elected or court-ordered drive
improvement course is provided online.

Committee Notes
2009 Amendment. The rule change in subdivision (a) was necessary to
create a uniform time period throughout the state by which a clerk must allow
a defendant to elect to attend a driver improvement school.

RULE 6.340 cases. AFFIDAVIT OF DEFENSE OR ADMISSION AND
WAIVER OF APPEARANCE

(a) Appearance in Court. At trial, any defendant charged
with an infraction may, in lieu of personal appearance or
appearance using communication technology, file an affidavit of
defense or an admission that the infraction was committed as
provided in this rule.

(b) Posting of Bond. The trial court may require a bond to
be posted before the court will accept an affidavit in lieu of
appearance at trial. The defendant shall be given reasonable notice
if required to post a bond.
(c) Attorney Representation. If a defendant is represented
by an attorney in an infraction case, said attorney may represent
the defendant in the absence of the defendant at a hearing or trial
without the defendant being required to file an affidavit of defense.
The attorney shall file a written notice of appearance. The attorney
may enter any plea, proceed to trial, present evidence other than
the defendant’s statements, and examine and cross examine
witnesses without the defendant being required to file an affidavit of
defense. Nonetheless, a defendant represented by an attorney may
file an affidavit of defense. If a represented defendant files such an
affidavit, the affidavit must be signed and properly notarized,
subjecting the affiant to perjury prosecution for false statements.

(d) Sample Affidavit of Defense or Admission and Waiver
of Appearance.

* IN THE COUNTY COURT,
STATE OF FLORIDA, * COUNTY, FLORIDA
Plaintiff, *
* CASE NO.

vs. *
* CITATION NO.
,*
Defendant. * DRIVER’S LICENSE NO.
*

AFFIDAVIT OF DEFENSE OR
ADMISSION AND WAIVER OF APPEARANCE
Before me personally appeared , who after first
being placed under oath, swears or affirms as follows:

1. My name, address, and telephone number are:
Name:
Address:

Telephone No.:
2. I am the defendant in the above-referenced case and am
charged with the following violation(s): (List the charges as you
understand them to be.)

[Note: This is not an admission that you violated any law.]

3. Check only one as your plea:

I hereby plead NOT GUILTY and file this affidavit of
defense as my sworn statement herein. I understand that when I
plead not guilty, I do not have to supply any further statement. I
understand that by my filing this affidavit, the hearing officer or
judge will have to make a decision as to whether I committed the
alleged violation by the sworn testimony of the witnesses, other
evidence, and my statement. I understand that I am waiving my
appearance at the final hearing of this matter.

I hereby plead GUILTY and file this affidavit as an
explanation of what happened and as a statement that the hearing
officer or judge can consider before pronouncing a sentence. I
understand that I am not required to make any statement. I
understand that the hearing officer or judge will determine the
appropriate sentence and decide whether to adjudicate me guilty.

I hereby plead NO CONTEST and file this affidavit as
an explanation of what happened and as a statement that the
hearing officer or judge can consider before pronouncing a
sentence. By pleading no contest, I understand that I am not
admitting or denying that the infraction was committed but do not
contest the charges, and I understand that I may be sentenced and
found guilty even though I entered a plea of no contest. I
understand that I am not required to make any statement. I
understand that the hearing officer or judge will determine any
appropriate sentence and decide whether to adjudicate me guilty.

4. Defendant’s Statement: (additional papers, documents,
photos, etc. can be attached but should be mentioned herein).
I understand that any material misrepresentation could cause me
to be prosecuted for a separate criminal law violation.

/s/
Affiant/Defendant

Sworn to (or affirmed) and subscribed before me, the undersigned
authority, on____________________________________________________
Personally known
Produced identification Type of ID produced
/s/
Notary Public, Deputy Clerk, or other authority
NAME:
Commission No.
My Commission Expires:

NOTE: It is your responsibility to make sure this affidavit is in the
court file before the hearing date.
If Affiant/Defendant is under the age of 18, a parent or
guardian must sign this affidavit:

Parent or Guardian

Committee Notes
1996 Amendment. The Committee completely revised this rule to
conform to the common practice of attorneys practicing in the traffic courts of
Florida.

RULE 6.350 cases. COMPUTATION OF TIME

Computation of time of time shall be governed by Florida Rule
of General Practice and Judicial Administration 2.514.
RULE 6.360 cases. ENLARGEMENT OF TIME

(a) Procedure. When an act is required or allowed to be
done at or within a specified time pursuant to either a court order
or these rules, the official, for good cause shown, may, at any time:

(1) order the period enlarged if the request is made
before the expiration of the period originally prescribed or as
extended by a previous order; or

(2) on motion made after the expiration of the specified
period, permit the act to be done when the failure to act was the
result of excusable neglect.

However, except as provided by statute or elsewhere in these rules,
the official may not extend the time for making a motion for a new
hearing, or for taking an appeal.

(b) Withheld Adjudications. When a defendant elects to
exercise the option of receiving a withheld adjudication pursuant to
section 318.14(9) or (10), Florida Statutes, the clerk shall allow the
defendant such additional time, not exceeding 60 days, as may be
reasonably necessary to fulfill the statutory requirements. If the
defendant has not been able to comply with the statutory
requirements within 60 days, the court, for good cause shown, may
extend the time necessary for the defendant to comply.

RULE 6.380 cases. NONVERIFICATION OF PLEADINGS

Except when otherwise specifically provided by these rules or
an applicable statute, every written pleading or other document of a
defendant represented by an attorney need not be verified or
accompanied by an affidavit.

RULE 6.400 cases. CLERK TO PREPARE AND SEND REPORTS

When reports or forms are to be sent to the department, the
clerk or traffic violations bureau shall prepare and send the reports
or forms.
RULE 6.445 cases. DISCOVERY: INFRACTIONS ONLY

If an electronic or mechanical speed measuring device is used
by the citing officer, the type of device and the manufacturer’s serial
number must be included in the body of the citation. If any relevant
supporting documentation regarding such device is in the officer’s
possession at the time of trial, the defendant or defendant’s
attorney shall be entitled to review that documentation immediately
before that trial.

Committee Notes
2009 Amendment. This amendment is based on the fact that currently
to the committee’s knowledge there are 5 different measuring devices or types:
Radar, Laser, Pace Car, Vascar, and airplane with stopwatch. It is believed that
identifying the type of measuring device is not unduly burdensome to the state
and it is necessary in the preparation of a defense. Withholding this
information until the time of trial unduly prejudices the defense. This
amendment is also forward-looking in that as new measuring devices appear,
they can be effectively used as long as they are disclosed.

RULE 6.450 cases. ORDER OF HEARING

(a) When Traffic Infraction Admitted. If a defendant
admits that the traffic infraction was committed, the official shall
permit the defendant to offer a statement concerning the
commission of the infraction. The official may examine the
defendant and issuing officer concerning the infraction prior to
making a determination as to the civil penalty to be imposed.

(b) Description of Procedure. Before the commencement of
a hearing the official shall briefly describe and explain the purposes
and procedure of the hearing and the rights of the defendant.

(c) Defense. The defendant may offer sworn testimony and
evidence and, after such testimony is offered, shall answer any
questions asked by the official.

(d) Additional Witnesses. If the testimony of additional
witnesses is to be offered, the order in which the witnesses shall
testify shall be determined by the official conducting the hearing.
Any such witness shall be sworn and shall testify, and may then be
questioned by the official, and thereafter may be questioned by the
defendant or counsel.

(e) Further Examination. Upon the conclusion of such
testimony and examination, the official may further examine or
allow such examination as the official deems appropriate.

(f) Closing Statement. At the conclusion of all testimony
and examination, the defendant or counsel shall be permitted to
make a statement in the nature of a closing argument.

(g) Failure to Appear at Contested Hearing. In any case in
which a contested infraction hearing is held, and the defendant,
who either has asked for the contested hearing or otherwise
received proper notice of the hearing, fails to appear for the hearing,
the official can proceed with the hearing, take testimony, and, if it is
determined that the infraction was committed, impose a penalty as
if the defendant had attended the hearing. In the interests of
justice, the court may vacate the judgment upon a showing of good
cause by the defendant.

RULE 6.455 cases. AMENDMENTS

The charging document may be amended by the issuing officer
in open court at the time of a scheduled hearing before it
commences, subject to the approval of the official. The official shall
grant a continuance if the amendment requires one in the interests
of justice. No case shall be dismissed by reason of any informality
or irregularity in the charging instrument.

Committee Notes
1988 Amendment. The revision deletes the word “may” and substitutes
the word “shall.” This brings the rule in accord with due process.

RULE 6.460 cases. EVIDENCE

(a) Applicable Rules. The rules of evidence applicable in all
hearings for traffic infractions shall be the same as in civil cases,
except to the extent inconsistent with these rules, and shall be
liberally construed by the official hearing the case.
(b) Recording of Hearing. Any party to a noncriminal traffic
infraction may make a recording of the hearing. The provision and
operation of the recording equipment shall be the responsibility of
that party unless otherwise provided by the court, and shall be in a
recording format acceptable to the clerk. A recording of the
proceeding that is made by a party shall be delivered immediately
after the hearing to the clerk, who shall secure and file it. A certified
copy of such recording shall be furnished by the clerk and
transcribed for an appeal if ordered by a party at that party’s
expense. Transcription shall only be by an official court reporter at
the requesting party’s expense.

Committee Notes
2015 Amendment. In light of continuing technological advances, this
rule was amended to accommodate continuing changes in technology and the
ability to use various types of equipment when recording a traffic infraction
hearing. Parties are encouraged to contact the clerk of court prior to their
hearing to confirm that the recording equipment they intend to use will
produce a recording in a format that is acceptable to the clerk.

RULE 6.470 cases. COSTS

(a) Hearing Required. In those cases in which a hearing is
held to determine whether a traffic infraction was committed, court
costs and surcharges as authorized by law may be assessed by the
official against the defendant in addition to the penalty imposed.

(b) No Hearing Required. When no hearing is required or
held and the defendant admits the commission of the offense by
paying the penalty or receiving a withheld adjudication pursuant to
section 318.14(9) or (10), Florida Statutes, costs and surcharges as
provided by law or administrative order may be imposed.

(c) Election to Attend School. If a defendant elects to
attend a driver improvement school as provided in rule 6.330, the
law enforcement education assessments shall be collected at the
time the defendant appears before the traffic violations bureau to
make the election.

Committee Notes
1992 Amendment. The proposed amendment deletes reference to
specific costs to avoid annual revision.

RULE 6.480 cases. DEFERRED PAYMENT OF PENALTY IMPOSED

(a) Procedure. On motion of the defendant or on the
official’s own motion, an official 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.

(b) Administrative Order to Clerk. In relation to elections
under section 318.14(9) or (10), Florida Statutes, the clerk, under
the authority of an administrative order, may allow a reasonable
amount of time before requiring the payment of civil penalties or
costs.

Committee Notes
2009 Amendment. Too often, defendants, represented by counsel and
exercising use of Traffic Court Rule 6.340 (Waiver of Appearance), will resolve a
case and be forced to make payment immediately, within 5 or 10 days. This
type of sanction does not allow for the defendant to be notified by counsel in a
reasonable amount of time. The amendment relieves the defendant from this
undue hardship.

RULE 6.490 cases. CORRECTION AND REDUCTION OF PENALTY

(a) Correction of Penalty. An official may at any time
correct an illegal penalty.

(b) Reduction of Penalty. An official may reduce a legal
penalty:

(1) within 60 days after its imposition, or thereafter
with good cause shown;

(2) within 60 days after the appellate court issues a
mandate affirming the judgment and/or penalty;
(3) within 60 days after the appellate court issues a
mandate dismissing an appeal from the judgment and/or penalty;
or

(4) if further appellate review is sought in a higher
court or in successively higher courts, then within 60 days after the
highest state or federal court to which a timely appeal has been
taken under authority of law, or in which a petition for certiorari
has been timely filed under authority of law, has entered an order of
affirmance or an order dismissing the appeal and/or denying
certiorari.

RULE 6.500 cases. ENTRY OF DISPOSITION

Upon disposition of a case without hearing, the clerk or the
official shall enter a notion on the docket. Following any hearing of
a case, the disposition shall be pronounced in open court and
issued in writing, and shall also be docketed.

RULE 6.510 cases. DETERMINATION THAT INFRACTION WAS NOT
COMMITTED; BOND REFUNDED

If an official determines that the defendant did not commit an
alleged traffic infraction and a bond has been posted, the bond shall
be released to the defendant, pursuant to law.

RULE 6.520 cases. EFFECT OF GRANTING NEW HEARING

If a new hearing is granted, the case shall proceed in all
respects as if no former hearing had been held.

RULE 6.530 cases. IMPOSITION OF PENALTY BEFORE OR AFTER
MOTION FILED

The official may impose the civil penalty either before or after
the filing of a motion for new hearing or arrest of judgment.
RULE 6.540 cases. TIME FOR AND METHOD OF MAKING MOTIONS;
PROCEDURE

(a) Time. A motion for new hearing or in arrest of judgment,
or both, may be made within 10 days, or such greater time as the
official may allow, not to exceed 30 days, after the finding of the
official.

(b) Method. When the defendant has been found to have
committed the infraction, the motion may be dictated into the
record, if a court reporter is present, and may be argued
immediately after the finding of the official. The official may
immediately rule on the motion.

(c) Procedure. The motion may be in writing, filed with the
clerk or violations bureau and shall state the grounds on which it is
based. When the official sets a time for the hearing, the clerk or
bureau shall notify the counsel, if any, for the defendant or, if no
attorney has been retained, the defendant.

Committee Notes
1988 Amendment. The Committee changed the time period to become
uniform with Florida Rule of Criminal Procedure 3.590.

RULE 6.550 cases. OFFICIAL MAY GRANT NEW HEARING

When, after a hearing, the official determines the traffic
infraction was committed, the official may grant a new hearing on a
motion of the defendant or on the official’s own motion.

RULE 6.560 cases. CONVICTION OF TRAFFIC INFRACTION

A defendant’s admission or an official’s determination that the
defendant committed a traffic infraction constitutes a “conviction”
as that term is used in chapters 318 and 322, Florida Statutes, and
section 943.25, Florida Statutes, unless the official withheld
adjudication as permitted by law. Elections under section 318.14(9)
or (10), Florida Statutes, when adjudication is withheld, do not
constitute convictions, but require collection of assessments under
section 943.25, Florida Statutes.
RULE 6.570 cases. REPORTING ACTION REQUIRING SUSPENSION
OF DRIVER LICENSE

The clerk shall report to the department a defendant’s failure
to comply as required by section 318.15 or 322.245, Florida
Statutes. Unless required by law, a hearing is not necessary to
determine noncompliance.

RULE 6.575 cases. RETENTION OF CASE FILES

Case files shall be retained as required by Florida Rule of
General Practice and Judicial Administration 2.430.

Committee Notes
1988 Amendment. In light of a recent statutory change providing for the
6 year (rather than 4) renewal of driver licenses, a corresponding change in
records retention was deemed appropriate.

RULE 6.590 cases. FAILURE TO COMPLETE DRIVER
IMPROVEMENT COURSE; REINSTATEMENT OF
DRIVER LICENSE

(a) Notice of Failure to Complete Driver Improvement
Course. If a defendant elects to attend a driver improvement course
but fails to appear for or timely complete the course, the clerk must
send a notice of the failure to complete the course to the
department within 10 days after the failure to comply, as required
by section 318.15(1), Florida Statutes.

(b) Appearance After Notice Sent. If the defendant appears
before the clerk after the failure notice was sent but before the
department suspends the driver license, the clerk shall so notify the
department immediately after the defendant satisfies the civil
penalty required by section 318.15(1)(b), Florida Statutes. 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. If the defendant appears
before the clerk after the department suspends the driver license,
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 by section 318.15(1)(b), Florida Statutes.
The official may require the defendant to attend a driver
improvement course. The clerk shall give notice that the defendant
is in compliance upon satisfaction of the penalties, and shall
indicate that the defendant’s driving privileges are eligible for
reinstatement.

Committee Note

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 cases. FAILURE TO APPEAR OR PAY CIVIL PENALTY;
REINSTATEMENT OF DRIVER LICENSE

(a) Notice of Failure to Appear or Pay. If no mandatory
hearing is required and the defendant has been cited but fails to
pay the civil penalty or appear, the clerk must send the department
notice of such failure as required by section 318.15(1), Florida
Statutes.

(b) Appearance After Notice Sent. If the defendant appears
before the clerk after the notice was sent but before the department
suspends the driver license, the defendant may pay the civil penalty
together with any additional penalty required by section
318.18(8)(a), Florida Statutes, or may request a hearing. If the
defendant requests a hearing, the clerk shall 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,
the defendant may pay the civil penalty together with any additional
penalty required by section 318(8)(a), Florida Statutes, or request a
hearing. A request for a hearing must be made as provided by
section 318.15(1)(c), Florida Statutes. If the official grants the
defendant’s request for a hearing and determines that the
defendant committed the infraction, the defendant shall be subject
to the penalty provisions of section 318.14(5), Florida Statutes.

Committee Notes
1988 Amendment. It was thought that a defendant who fails to appear
until after his or her driver license has been suspended (which could be years
later) should not be allowed to elect a hearing in those cases where the state
has been prejudiced by the passage of time.

RULE 6.610 cases. FAILURE TO SATISFY PENALTY IMPOSED
AFTER A HEARING; REINSTATEMENT OF
DRIVER LICENSE

(a) Notice of Failure to Comply. If a hearing is held, and
the official determines that the infraction was committed, and a
penalty is imposed but the penalty is not satisfied within the time
set by the court, the clerk shall send notice of such failure to the
department as required by section 318.15(1), Florida Statutes.

(b) Appearance After Notice Sent. If the defendant appears
before the clerk after notice was sent but before the department
suspends the driver license, the clerk shall notify the department
immediately after the defendant satisfies the penalty imposed by 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,
the defendant must satisfy the penalty and, any other penalties
required by section 318.15 and 318.18, Florida Statutes. The
official may require the defendant to attend a driver improvement
course, if available, if it was not a part of the penalty originally
imposed. The clerk shall give notice that the defendant is in
compliance upon satisfaction of the penalties, and shall indicate
that the defendant’s driving privileges are eligible for reinstatement.
RULE 6.620 cases. FAILURE TO APPEAR FOR MANDATORY
HEARING; REINSTATEMENT OF DRIVER
LICENSE

(a) Notice of Failure to Appear. If a defendant fails to
appear for a mandatory hearing, the clerk shall send notice of such
failure to appear to the department, as required by section
318.15(1), Florida Statutes.

(b) Appearance After Notice Sent. If the defendant appears
before the clerk after notice was sent, but before the department
suspends the driver license, the clerk shall schedule a hearing for
the official to determine whether the defendant committed the
violation. If, after the hearing, the official finds the defendant
committed the violation, the defendant shall be subject to the
penalty provisions of section 318.14(5), Florida Statutes.

(c) Reinstatement of License. If the department suspended
the defendant’s driver license, as authorized by law and upon
request, the clerk shall set the case for hearing and, if after a
hearing, the official finds the defendant committed the violation, the
defendant shall be subject to the penalty provisions of section
318.14(5), Florida Statutes. If the defendant’s driving privileges
were not reinstated prior to the hearing, the clerk shall give notice
that the defendant is in compliance upon satisfaction of the
penalties, and shall indicate that the defendant’s driving privileges
are eligible for reinstatement.

RULE 6.630 cases. CIVIL TRAFFIC INFRACTION HEARING OFFICER
PROGRAM; TRAFFIC HEARING OFFICERS

Under the authority of sections 318.30–318.38, Florida
Statutes, and article V, section 2, Florida Constitution, this court
adopts the following rules and procedure for the Civil Traffic
Infraction Hearing Officer Program:

(a) Eligibility of County. Pursuant to section 318.30,
Florida Statutes, any county shall be eligible to participate in the
Civil Traffic Infraction Hearing Officer Program. The chief judge
shall make the decision on whether to participate in the program.
Any county electing to participate in the program shall be subject to
the supervision of the supreme court.

(b) Appointment of Traffic Hearing Officers. The chief
judge shall appoint hearing officers after consultation with the
county judges in the county affected; all appointments must be
approved by the chief justice. Once the chief justice grants
approval, the traffic hearing officers shall serve at the pleasure of
the chief judge. Traffic hearing officers may serve either full-time or
part-time at the discretion of the chief judge.

(c) Jurisdiction. Traffic hearing officers shall have the
power to accept pleas from defendants, hear and rule upon
motions, decide whether a defendant has committed an infraction,
and adjudicate or withhold adjudication in the same manner as a
county court judge. However, a traffic hearing officer shall not:

(1) have the power to hold any person in contempt of
court, but shall be permitted to file a verified motion for order of
contempt with an appropriate state trial court judge pursuant to
Florida Rule of Criminal Procedure 3.840;

(2) hear a case involving an accident resulting in injury
or death; or

(3) hear a criminal traffic offense case or a case
involving a civil traffic infraction issued in conjunction with a
criminal traffic offense.

(d) Appeals. Appeals from decisions of a traffic hearing
officer shall be made to the circuit court pursuant to the relevant
provisions of the Florida Rules of Appellate Procedure in the same
manner as appeals from the county court, except that traffic
hearing officers shall not have the power to certify questions to
district courts of appeal. The appellant shall be responsible for
producing the record for any appeal.

(e) Membership in The Florida Bar. A traffic hearing officer
shall be a member in good standing of The Florida Bar.
(f) Training. Traffic hearing officers must complete 40 hours
of standardized training that has been approved by the supreme
court. Instructors must be judges, hearing officers, and persons
with expertise or knowledge with regard to specific traffic violations
or traffic court. Curriculum and materials must be submitted to the
Office of the State Courts Administrator. The standardized training
must contain, at a minimum, all of the following:

(1) 28 hours of lecture sessions including 2.5 hours of
ethics, 5 hours of courtroom control management, 11 hours of
basic traffic court law and evidence (which must include handling of
situations in which a defendant’s constitutional right against self-
incrimination may be implicated), 3 hours of clerk’s office/DMV
training, 2 hours of participant perspective
sessions/demonstrations, 3 hours of dispositions/penalties, and
1.5 hours of civil infractions/jurisdiction;

(2) 4 hours of role playing including mock opening
statements, pretrial and trial sessions, and direct observation;

(3) 4 hours of observation including 2 hours of on-road
observation of traffic enforcement;

(4) 4 hours of mentored participation in traffic court
proceedings in the hiring county. Mentors must be county court
judges or traffic hearing officers; and

(5) written training manuals for reference.

(g) Continuing Legal Education. Traffic hearing officers
must complete 4 hours of continuing legal education per year. The
continuing legal education program must be approved by the
supreme court and must contain a minimum of 2 hours of ethics or
professionalism, and 2 hours of civil traffic infraction related
education. Curriculum materials must be submitted to the Office of
the State Courts Administrator.

(h) Code of Judicial Conduct. All traffic hearing officers
shall be subject to the Code of Judicial Conduct as provided in the
application section of the code.
(i) Robes. Traffic hearing officers shall not wear robes.

(j) Concurrent Jurisdiction. A county judge may exercise
concurrent jurisdiction with a traffic hearing officer.

(k) Assignment to County Judge. On written request of the
defendant, within 30 days of the issuance of the uniform traffic
citation, the case shall be assigned to a county judge.

Committee Notes
1990 Adoption. The rule attempts to incorporate relevant provisions of
chapter 89-337, Laws of Florida, with minor modifications.

The provision in subdivision (c) that the traffic magistrate shall serve at
the will of the chief judge is implicit in chapter 89-337, and is believed to be a
good policy since it makes irrelevant consideration of the necessity of any
involvement by the Judicial Qualifications Commission.

(d)(1) See 1990 Committee Note concerning rule 6.080.

In relation to subdivision (e) on appeals, the subcommittee believes that
the addition of the language on the certifications to district courts, while
making an obvious point, would avoid any possible confusion. It was also the
consensus that there would be no need to recommend amendments to the
Florida Rules of Appellate Procedure since rules 9.030(b)(4)(A) and
9.030(c)(1)(A) would appear to cover the matter adequately without further
amendment.

Subdivision (g) goes into less detail concerning the actual length of
training (40 hours preservice/10 hours continuing) required by chapter 89-
337. A special plan for such training will be provided separately, including a
recommendation for the waiver of such training for recently retired county
court judges.

This rule expands the statutory prohibition of chapter 89-337, section 7,
which prohibits traffic magistrates from practicing before other civil traffic
magistrates and handling traffic appeals. The committee expressed concern
that a limited prohibition extending only to practice before other magistrates
might be read as condoning magistrate practice in traffic cases in front of
county court judges. Given the contemplated relationship between county
court judges and magistrates in education, training, and professional duties,
such practice would give the appearance of conflict and should be prohibited.
In relation to subdivision (k), it was the opinion of the subcommittee that
the wearing of robes might lead to confusion and interfere with the informal
setting of the hearings.

1990 Amendment. Amendment of section 318.30, Florida Statutes
(1990), reduced the case load requirement from 20,000 to 15,000 for purposes
of allowing a county’s participation in the Civil Traffic Infraction Hearing Officer
Program. This amendment is necessary to conform the rule to the provisions of
the amended statute.

1995 Amendment. Language was added to subdivision (d) to make it
clear that hearing officers/magistrates can hear and rule upon motions, such
as continuance motions, and otherwise handle normal motion practice in
infraction cases.

Subsection (a) reflects the legislative intent of section 318.30, Florida
Statutes (1994). No longer is a minimum number of cases required before a
county can establish a traffic infraction hearing officer program.

Changes to subsection (m) are intended to make uniform the procedure
for assignment to a county judge for hearing.

2001 Amendment. Subdivision (g) provides detailed requirements for
standardized initial training of traffic hearing officers. A statewide survey of
judges and traffic hearing officers was taken and the rule then amended to
incorporate the current statewide practice.

Subdivision (h) was added to resolve a conflict that existed between the
rules and section 318.34, Florida Statutes.

Subdivision (i) was amended to conform the rule to the current practice
prohibitions for hearing officers contained in the Code of Judicial Conduct. The
code reflects the consensus of the committee as to appropriate prohibitions.