Florida Statutes

Fla. Stat. § 318.121 (2025)

Preemption of additional fees, fines, surcharges, and costs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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318.121 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(12), (14), (19), (20), and (23) may not be added to the civil traffic penalties assessed under this chapter.

History.—s. 42, ch. 96-350; s. 14, ch. 97-225; s. 47, ch. 2005-236; s. 30, ch. 2008-111; s. 10, ch. 2009-61; s. 7, ch. 2013-160; s. 26, ch. 2024-57.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2012–2022 · leading case: Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014).

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Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014). · cites it 24× “” § 318.121, Fla. Stat. (2008). In addressing conflict preemption, the majority states that this concept “comes into play ‘where the local enactment irreconcilably conflicts with or stands as an obstacle to the execution of the full purposes of the statute.”

Steven J. Pincus v. Am. Traffic Solutions, Inc., 986 F.3d 1305 (11th Cir. 2021). · cites it 3× “at 11 (citing Fla. Stat. § 318.121 ). 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.”

City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012). “Section 318.121 prohibits the imposition of additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under section 318.”

Steven J. Pincus, etc. v. Am. Traffic Solutions, Inc., etc. (Fla. 2022). · cites it 2× “Was the fee assessed under Chapter 318 and therefore subject to § 318.121’s surcharge prohibition? c. Was ATS a “money transmitter” that was required to be licensed under Fla.”

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