Florida Statute 316.650 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.650

316.650 Traffic citations.—

(1)(a) The department shall prepare and supply to every traffic enforcement agency in this state an appropriate form traffic citation that contains a notice to appear, is issued in prenumbered books, meets the requirements of this chapter or any laws of this state regulating traffic, and is consistent with the state traffic court rules and the procedures established by the department. The form shall include a box that is to be checked by the law enforcement officer when the officer believes that the traffic violation or crash was due to aggressive careless driving as defined in s. 316.1923. The form shall also include a box that is to be checked by the law enforcement officer when the officer writes a uniform traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of the driver failing to stop at a traffic signal.

(b) The department shall prepare, and supply to every traffic enforcement agency in the state, an appropriate affidavit-of-compliance form that shall be issued along with the form traffic citation for any violation of s. 316.610 and that indicates the specific defect needing to be corrected. However, such affidavit of compliance may not be issued in the case of a violation of s. 316.610 by a commercial motor vehicle. Such affidavit-of-compliance form shall be distributed in the same manner and to the same parties as is the form traffic citation.

(c) Notwithstanding paragraphs (a) and (b), a traffic enforcement agency may produce uniform traffic citations by electronic means. Such citations must be consistent with the state traffic court rules and the procedures established by the department and must be appropriately numbered and inventoried. Affidavit-of-compliance forms may also be produced by electronic means.

(d) The department must distribute to every traffic enforcement agency and to any others who request it, a traffic infraction reference guide describing the class of the traffic infraction, the penalty for the infraction, the points to be assessed on a driver’s record, and any other information necessary to describe a violation and the penalties therefor.

(2) Courts, enforcement agencies, and the department are jointly responsible to account for all uniform traffic citations in accordance with rules and procedures promulgated by the department.

(3)(a) Except for a traffic citation issued pursuant to s. 316.1001, s. 316.0083, or s. 316.1896, each traffic enforcement officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any municipality or town, shall deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 5 business days after issuance to the violator.

(b) If a traffic citation is issued pursuant to s. 316.1001, a traffic enforcement officer may deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation system, may provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 45 days after the date of issuance of the citation to the violator. If the person cited for the violation of s. 316.1001 makes the election provided by s. 318.14(12) and pays the $25 fine, or such other amount as imposed by the governmental entity owning the applicable toll facility, plus the amount of the unpaid toll that is shown on the traffic citation directly to the governmental entity that issued the citation, or on whose behalf the citation was issued, in accordance with s. 318.14(12), the traffic citation will not be submitted to the court, the disposition will be reported to the department by the governmental entity that issued the citation, or on whose behalf the citation was issued, and no points will be assessed against the person’s driver license.

(c) If a traffic citation is issued under s. 316.0083 or s. 316.1896, the traffic infraction enforcement officer shall provide by electronic transmission a replica of the traffic citation data to the court having jurisdiction over the alleged offense or its traffic violations bureau within 5 business days after the date of issuance of the traffic citation to the violator. If a hearing is requested, the traffic infraction enforcement officer shall provide a replica of the traffic notice of violation data to the clerk for the local hearing officer having jurisdiction over the alleged offense within 14 days.

(4) The chief administrative officer of every traffic enforcement agency shall require the return to him or her of the officer-agency copy of every traffic citation issued by an officer under the chief administrative officer’s supervision to an alleged violator of any traffic law or ordinance and all copies of every traffic citation that has been spoiled or upon which any entry has been made and not issued to an alleged violator. In the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall require the return of all electronic traffic citation records.

(5) Upon the deposit of the original traffic citation or upon an electronic transmission of a replica of citation data of the traffic citation with respect to traffic enforcement agencies that have an automated citation issuance system with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original citation, the electronic citation containing a replica of citation data, or a copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.

(6) The chief administrative officer shall transmit, on a form approved by the department, within 5 days after submission of the original, groups of issued citations and transmittal data to the court. Batches of electronic citations containing a replica of citation data may be transmitted to the court in an electronic fashion, in a format prescribed by the department within 5 days after issuance to the violator.

(7) The chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation or electronic citation was deposited.

(8) It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required herein.

(9) Such citations shall not be admissible evidence in any trial, except when used as evidence of falsification, forgery, uttering, fraud, or perjury, or when used as physical evidence resulting from a forensic examination of the citation.

(10) If a uniform traffic citation has not been issued with respect to a criminal traffic offense, or with respect to an offense that requires mandatory revocation of the driver license or driving privilege pursuant to s. 322.26 upon conviction of such offense, and the prosecution is by affidavit, information, or indictment, the prosecutor shall direct the arresting officer to prepare a citation. In the absence of an arresting officer, the prosecutor shall prepare the citation. For the purpose of this subsection, the term “arresting officer” means the law enforcement officer who apprehended or took into custody the alleged offender.

(11)(a) As used in this subsection, the term “driver information” means a driver’s date of birth, driver license or identification card number, address excluding the five-digit zip code, telephone number, motor vehicle license plate number, and trailer tag number. The term does not include the driver’s name.

(b)1. Driver information contained in a uniform traffic citation held by an agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This paragraph applies to driver information held by an agency before, on, or after the effective date of the exemption.

2. An agency may release driver information in accordance with any of the permissible uses listed in 18 U.S.C. s. 2721(b) in the same manner applicable to the release of personal information contained in a motor vehicle record pursuant to s. 119.0712(2)(b) and pursuant to the resale and redisclosure requirements in 18 U.S.C. s. 2721(c).

3. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

(c) Driver information contained in a uniform traffic citation, including the accused person’s name and address, shall not be used for commercial solicitation purposes. However, the use of such driver information contained in a uniform traffic citation shall not be considered a commercial purpose when used for publication in a newspaper or other news periodical, when used for broadcast by radio or television, or when used to inform a person of the availability of driver safety training.

History.—s. 1, ch. 71-135; s. 1, ch. 71-321; s. 1, ch. 76-31; s. 4, ch. 80-316; s. 193, ch. 81-259; s. 6, ch. 84-359; s. 2, ch. 86-260; s. 2, ch. 91-180; s. 27, ch. 91-221; s. 31, ch. 94-306; s. 905, ch. 95-148; s. 39, ch. 96-350; s. 8, ch. 96-413; s. 6, ch. 2001-147; s. 19, ch. 2003-286; s. 42, ch. 2005-164; s. 2, ch. 2005-194; s. 19, ch. 2007-196; s. 12, ch. 2008-176; s. 28, ch. 2009-21; s. 10, ch. 2010-80; s. 6, ch. 2013-160; s. 70, ch. 2016-239; s. 2, ch. 2022-198; s. 11, ch. 2023-174.

Note.—Former s. 316.018.

F.S. 316.650 on Google Scholar

F.S. 316.650 on Casetext

Amendments to 316.650

Arrestable Offenses / Crimes under Fla. Stat. 316.650

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.650.

Annotations, Discussions, Cases:

Cases Citing Statute 316.650

Total Results: 20

Melissa Patino v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-10T00:00:00-07:00

Snippet: traffic citation as provided for in section 316.650, Florida Statutes, or other applicable statutes

Melissa Patino v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: traffic citation as provided for in section 316.650, Florida Statutes, or other applicable

In RE: AMENDMENTS TO the FLORIDA RULES OF TRAFFIC COURT.

Court: Fla. | Date Filed: 2018-08-30T00:00:00-07:00

Citation: 252 So. 3d 704

Snippet: uniform traffic citation as provided in section 316.650, Florida Statutes, or other applicable statutes

Luis Torres Jimenez v. State of Florida, etc.

Court: Fla. | Date Filed: 2018-05-03T00:00:00-07:00

Citation: 246 So. 3d 219

Snippet: process without human involvement violate section 316.650(3)(c), Florida Statutes (2014), when it is the

City of Oldsmar v. Trinh

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-28T00:00:00-07:00

Citation: 210 So. 3d 191, 2016 Fla. App. LEXIS 16012

Snippet: did not comply with sections 316.0083(l)(a) and 316.650(3)(c) 10 because the City had improperly…process without human involvement violate section 316.650(3)(c), Florida Statutes (2014), when it is the …316.002 and 316.007. 10 . Section 316.650(3)(c) provides that if a UTC is issued, “the traffic…traffic citation to the violator.” Whether section 316.650(3)(c) permits a city to delegate this task to a

State Ex Rel. City of Aventura v. Jimenez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-27T00:00:00-07:00

Citation: 211 So. 3d 158, 2016 Fla. App. LEXIS 11373

Snippet: provide” an electronic copy to the Clerk, section 316.650(3)(c), Fla. Stat. (2014). For the reasons explained…without human involvement violate Florida Statute § 316,650(3)(c) when it is the law enforcement officer who…without human involvement violate Florida Statute § 316.650(3)(c) when it is the law enforcement officer who…process without human involvement violate section 316.650(3)(c), Florida Statutes (2014), when it is the

City of Hollywood, a political subdivision of the State of Florida v. Eric Arem

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 154 So. 3d 359, 2014 Fla. App. LEXIS 16790

Snippet: transmitted by the vendor? 2. Does Florida Statute 316.650(3)(c) permit a traffic infraction enforcement officer…uniform traffic citations by electronic means. § 316.650(l)(c), Fla. Stat. (2011). To assist the City…), Fla. Stat. (2011) (emphasis added). Section 316.650(3)(c) also provides: If a traffic citation…of the traffic citation to the violator. § 316.650(3)(c), Fla. Stat. (2011) (emphasis added).

Jenkins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-14T00:00:00-08:00

Citation: 102 So. 3d 739, 2012 Fla. App. LEXIS 21517

Snippet: citation containing a notice to appear, see § 316.650, Fla. Stat. (2009)2, which “invokes the subject…uniform traffic citation as provided for in section 316.650, Florida Statutes, or other applicable statutes…of the traffic citation, as required by section 316.650(3), Florida Statutes in the court having jurisdiction

Tucker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-20T00:00:00-07:00

Citation: 987 So. 2d 717, 2008 Fla. App. LEXIS 9152, 2008 WL 2465456

Snippet: of the traffic citation, as required by section 316.650(3), Florida Statutes in the court having jurisdiction

Maddox v. State

Court: Fla. | Date Filed: 2006-01-11T23:53:00-08:00

Citation: 923 So. 2d 442

Snippet: kept. Id. § 316.650(3)-(8). Second, they give the accused notice to appear. Id. § 316.650(1)(a). The statute…citations were inadmissible pursuant to section 316.650(9) of the Florida Statutes (2001). See id. at 783…Accordingly, the district court held that section 316.650(9) of the Florida Statutes did not apply to the… Dixon determined that the language of section 316.650(9) of the Florida Statutes (2000),[2] was unambiguous…elaboration that the language contained in section 316.650(9) that "traffic citation[s] `shall not

Maddox v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-13T23:53:00-08:00

Citation: 862 So. 2d 783

Snippet: appeal, Maddox argues that, pursuant to section 316.650(9), Florida Statutes (2001), the trial court erred…DCA 2002) ("Because the language of section 316.650(9) unambiguously provides that traffic citations…as evidence of the forgeries. Although section 316.650(9) does provide that traffic citations "shall…opinion of this court as to the meaning of section 316.650(9). See Shaps v. Provident Life & Accident

State v. Veilleux

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-06T23:53:00-08:00

Citation: 859 So. 2d 1224

Snippet: the forged traffic citations based on section 316.650(9), Florida Statutes (2002), and Dixon v. State…State, 812 So.2d 595 (Fla. 1st DCA 2002). Section 316.650(9) provides that traffic citations "shall …District in Dixon specifically held that section 316.650(9) prohibits trial courts from admitting traffic…First District reversed, observing that section 316.650(9) contains no exceptions to its clear and unambiguous…legislative intent to make an exception to section 316.650(9)'s unambiguous language. Dixon, 812 So.2d

State v. Martinez

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-15T00:00:00-07:00

Citation: 870 So. 2d 18, 2003 Fla. App. LEXIS 12218, 2003 WL 21946474

Snippet: . Section 316.650, Florida Statutes (2002), is entitled “Traffic citations.” Section 316.650(9) specifically…be introduced into evidence pursuant to section 316.650(9), Florida Statutes (2002). The trial court also…view of the absolute mandatory-terms of section 316.650(9),” the court concluded that the trial court erred…trial court exceeded the requirements of section 316.650(9) and the First District’s opinion in Dixon when…reference to the traffic citation. Neither section 316.650(9) nor the opinion in Dixon dictates such a result

Frierson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-06T00:53:00-07:00

Citation: 851 So. 2d 293

Snippet: uniform traffic citation as provided for in section 316.650, Florida Statutes, or other applicable statutes

Loper v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-27T00:00:00-08:00

Citation: 840 So. 2d 1139, 2003 Fla. App. LEXIS 4082, 2003 WL 1560165

Snippet: issuance to the violator, as required by section 316.650(3), Florida Statutes (2001), was not a jurisdictional

Dixon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-03T23:53:00-08:00

Citation: 812 So. 2d 595

Snippet: sought to exclude, on the authority of section 316.650(9), Florida Statutes (2000), the admission into…issued to him. Because the language of section 316.650(9) unambiguously provides that traffic citations…856 (Fla. 5th DCA 1996). Nevertheless, section 316.650(9) provides that a traffic citation "shall…view of the absolute mandatory terms of section 316.650(9), we conclude that the trial court erred in denying…respectfully dissent because I would not apply section 316.650(9), Florida Statutes (2000) to the forged traffic

State v. Anderson

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-06T00:53:00-07:00

Citation: 781 So. 2d 524

Snippet: officer failed to file the citations. Section 316.650, Florida Statutes requires the officer to file …citation was not timely filed as required by section 316.650(3). We gave three reasons: (1) in Hancock, the …defendant is not to be given the benefit of section 316.650, he must have speedy trial; otherwise, he is in

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-07-12T00:53:00-07:00

Snippet: citation prepared by the department pursuant to s. 316.650 may not be issued by being attached to an unattended…citation prepared by the department pursuant to s. 316.650 may not be issued for violation of a municipal

SACRED HEART HOSP. PENSACOLA v. Stone

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-15T23:53:00-08:00

Citation: 650 So. 2d 676

Snippet: citation as a result of the accident, and section 316.650(9), Florida Statutes, which prohibits introduction…, and therefore its admission violated section 316.650(9), Florida Statutes (1990), prohibiting the introduction…evaluation should have been excluded under section 316.650(9). See Duval Motor Co. v. Woodward, 419 So.2d

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-10-29T23:53:00-08:00

Snippet: evidence. (e.s.) With regard to traffic citations, s. 316.650(5), F.S., states that: Upon the deposit of the