Florida Statute 318.13 - Full Text and Legal Analysis

The 2025 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(2) “Suspension” means that a licensee’s privilege to drive a motor vehicle is temporarily withdrawn.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.

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Amendments to 318.13

Annotations, Discussions, Cases:

Cases Citing Statute 318.13

Total Results: 18

Thomas v. State

614 So. 2d 468, 1993 WL 1330

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 449340

Cited 51 times | Published

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

Whirley v. State

450 So. 2d 836

Supreme Court of Florida | Filed: May 17, 1984 | Docket: 1433500

Cited 11 times | Published

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

State v. Webb

335 So. 2d 826

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 1306198

Cited 9 times | Published

therefore classified as an infraction. Fla. Stat. § 318.13(3), F.S.A., defines "infractions" as follows:

Cheatem v. State

416 So. 2d 35

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 1225349

Cited 7 times | Published

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

Bischoff v. Florida

242 F. Supp. 2d 1226, 2003 U.S. Dist. LEXIS 670, 2003 WL 147531

District Court, M.D. Florida | Filed: Jan 3, 2003 | Docket: 2312592

Cited 6 times | Published

316.2045(1); Fla. Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla. Stat. § 318.18(1)(a); Fla. Stat. § 775

Nettleton v. Doughtie

373 So. 2d 667

Supreme Court of Florida | Filed: Jul 17, 1979 | Docket: 1773410

Cited 5 times | Published

or a right to court-appointed counsel. See section 318.13(3), Florida Statutes. Clearly, there was no

State v. Knowles

625 So. 2d 88, 1993 WL 383000

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 474227

Cited 4 times | Published

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

Tollefson v. State

525 So. 2d 957, 1988 WL 47238

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 1710677

Cited 2 times | Published

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

Myers v. State

426 So. 2d 986

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1283634

Cited 2 times | Published

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

City of Orlando v. Udowychenko

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

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60312480

Cited 1 times | Published

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

Jordan Cayne Hutchinson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171509

Published

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

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

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108393

Published

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

LEROY ROEBUCK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699917

Published

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

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

Supreme Court of Florida | Filed: Dec 20, 2012 | Docket: 60227783

Published

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

Ago

Florida Attorney General Reports | Filed: Feb 17, 1987 | Docket: 3258811

Published

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

Miller v. State

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

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601554

Published

or misdemeanor.’ ” The court also looked to section 318.13(3), which states, “ ‘[infraction’ means a noncriminal

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

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

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577912

Published

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

Ago

Florida Attorney General Reports | Filed: Jul 13, 1977 | Docket: 3255152

Published

infractions punishable by `civil' penalties. Section 318.13(3), F. S. (1976 Supp.). (Section 316.028 is