Florida Statute 318.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS

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F.S. 318.13

318.13 Definitions.—The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

(1) “Department” means Department of Highway Safety and Motor Vehicles, defined in s. 20.24, or the appropriate division thereof.

(2) “Suspension” means that a licensee’s privilege to drive a motor vehicle is temporarily withdrawn.

(3) “Infraction” means a noncriminal violation that may require community service hours under s. 316.027(4), but is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel.

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

(5) “Officer” means any law enforcement officer charged with and acting under his or her authority to arrest persons suspected of, or known to be, violating statutes or ordinances regulating traffic or the operation or equipment of vehicles. “Officer” includes any individual employed by a sheriff’s department or the police department of a chartered municipality who is acting as a traffic infraction enforcement officer as provided in s. 316.640.

History.—s. 1, ch. 74-377; s. 1, ch. 76-183; s. 1, ch. 77-119; s. 12, ch. 94-306; s. 907, ch. 95-148; s. 93, ch. 99-13; s. 248, ch. 99-248.

F.S. 318.13 on Google Scholar

F.S. 318.13 on Casetext

Amendments to 318.13

Arrestable Offenses / Crimes under Fla. Stat. 318.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 318.13.

Annotations, Discussions, Cases:

Cases Citing Statute 318.13

Total Results: 20

Jordan Cayne Hutchinson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: on the imposition of the $3 cost under section 318.13(11)(b)(2), Florida Statutes, and the $2 cost under

JAMES NELSON OBO MINOR CHILD, N.N. v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-08-04

Snippet: or hearing adjudicating traffic infractions.” § 318.13(4), Fla. Stat. (2021) (emphasis added). Thus, section

LEROY ROEBUCK v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-03-03

Snippet: 18(19), Florida Statutes (2019); $30 under section 318.13(13)(a), Florida Statutes (2019); and $65 under

In re Amendments to the Florida Rules of Traffic Court

Court: Supreme Court of Florida | Date Filed: 2012-12-20

Citation: 105 So. 3d 1267, 2012 Fla. LEXIS 2685, 2012 WL 6619336

Snippet: violations and cannot be punished by incarceration. § 318.13(3), Fla. Stat. (2012). A defendant charged with

City of Orlando v. Udowychenko

Court: District Court of Appeal of Florida | Date Filed: 2012-07-06

Citation: 98 So. 3d 589, 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

Snippet: or hearing adjudicating traffic infractions. § 318.13(4), Fla. Stat. (2011). Section 318.14(6), Florida

Santa Rosa County v. Gulf Power Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-03-30

Citation: 635 So. 2d 96, 1994 WL 101078

Snippet: however, relies upon Martin v. Townsend, 32 Fla. 318, 13 So. 887 (1893), for the position that the counties

State v. Knowles

Court: District Court of Appeal of Florida | Date Filed: 1993-10-01

Citation: 625 So. 2d 88, 1993 WL 383000

Snippet: court-appointed counsel or a jury trial. Rule 6.040(l); § 318.13(3), Fla. Stat. (1991); 4 Fla.Jur.2d § 130 at 470

Thomas v. State

Court: Supreme Court of Florida | Date Filed: 1993-01-07

Citation: 614 So. 2d 468, 1993 WL 1330

Snippet: jury or a right to court appointed counsel." § 318.13(3), Fla. Stat. (1989). Bicycles are regulated in

Ago

Court: Florida Attorney General Reports | Date Filed: 1988-11-03

Snippet: 27(2), F.S. 3 Section 828.27(4), F.S. 4 Cf., s. 318.13(3), F.S., which defines "[i]nfraction" for purposes

Tollefson v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-05-11

Citation: 525 So. 2d 957, 1988 WL 47238

Snippet: "infraction." Section 316.130, Fla. Stat. (1987); Section 318.13(3), Fla. Stat. (1987). Florida Rule of Criminal

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-02-17

Snippet: provisions of ss. 316.535 and316.545." Section 318.13(5), F.S., in part, defines "officer" to mean "any

DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. Jirik

Court: District Court of Appeal of Florida | Date Filed: 1985-05-14

Citation: 471 So. 2d 549, 10 Fla. L. Weekly 1246

Snippet: Sheldon v. Minneapolis & St. Louis Ry. Co., 29 Minn. 318, 13 N.W. 134 (1882) ("[respondent's] land being a compact

Olsen v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-06-27

Citation: 452 So. 2d 147, 1984 Fla. App. LEXIS 13783

Snippet: portion of the sentence. §§ 316.1925, 316.655, 318.13(3), Fla.Stat. (1983). Accordingly, we hereby strike

Whirley v. State

Court: Supreme Court of Florida | Date Filed: 1984-05-17

Citation: 450 So. 2d 836

Snippet: shall be deemed an infraction, as defined in § 318.13(3). (4) Any person convicted of a violation of

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-01-26

Snippet: shall be deemed an infraction, as defined in s. 318.13(3). (2) Infractions of this chapter which

Miller v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-12-21

Citation: 442 So. 2d 419, 1983 Fla. App. LEXIS 25261

Snippet: shall be deemed an infraction, as defined in s. 318.13(3). [[Image here]] (4) Any person convicted of

Myers v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-01-05

Citation: 426 So. 2d 986

Snippet: offense as an infraction as defined in Section 318.13(3). An infraction is "a noncriminal violation which

Cheatem v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-06-30

Citation: 416 So. 2d 35

Snippet: In turn, an infraction was defined in section 318.13(3), Florida Statutes (1977), as: a noncriminal

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-11-24

Snippet: concluding that a traffic infraction as defined in s. 318.13(3), F.S., is a `violation' for purposes of s. 901

Thompson v. Office of the Public Defender of the Ninth Judicial Circuit In & For Orange County

Court: District Court of Appeal of Florida | Date Filed: 1980-09-10

Citation: 387 So. 2d 541, 1980 Fla. App. LEXIS 17137

Snippet: shall be deemed an infraction, as defined in § 318.13(3). (4) Any person convicted of a violation of