Florida Statutes
Fla. Stat. § 318.13 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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(2) “Suspension” means that a licensee’s privilege to drive a motor vehicle is temporarily withdrawn.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.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1976–2024 · leading case: Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003).
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). “655 (1); Fla. Stat. § 318.13 (3); Fla. Stat. § 318.”
Thomas v. State, 614 So. 2d 468 (Fla. 1993). “" § 318.13(3), Fla. Stat. (1989). Bicycles are regulated in chapter 316, Florida Statutes (1989), the Florida Uniform Traffic Control Law.”
Cheatem v. State, 416 So. 2d 35 (Fla. 4th DCA 1982). “Section 318.13, Florida Statutes (1974), was part of the Florida Uniform Disposition of Traffic Infractions Act enacted by the Legislature in 1974.”
Nettleton v. Doughtie, 373 So. 2d 667 (Fla. 1979). “See section 318.13(3), Florida Statutes. Clearly, there was no intent by the legislature in enacting chapter 318 to in any way change the jurisdiction of the court or courts that would hear these violations.”
State v. Webb, 335 So. 2d 826 (Fla. 1976). “Fla. Stat. § 318.13 (3), F.S.A., defines "infractions" as follows: "[A] noncriminal violation which is not punishable by incarceration for which there is no right to a trial by jury or a right to court appointed counsel.”
City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012). “§ 318.13(4), Fla. Stat. (2011). Section 318.”
State v. Champe, 373 So. 2d 874 (Fla. 1979). “[5] §§ 318.13(3) and 318.14, Fla. Stat. (1977).”
State v. Knowles, 625 So. 2d 88 (Fla. 5th DCA 1993). “040( l ); § 318.13(3), Fla. Stat. (1991); 4 Fla.Jur.”
Whirley v. State, 450 So. 2d 836 (Fla. 1984). “655, which read in pertinent part: (1) A violation of any of the provisions of this chapter, except criminal offenses enumerated in section (4), shall be deemed an infraction, as defined in § 318.13(3). (4) Any person convicted of a violation of s.”
Tollefson v. State, 525 So. 2d 957 (Fla. 1st DCA 1988). “(1987); Section 318.13(3), Fla. Stat. (1987). Florida Rule of Criminal Procedure 3.”
Myers v. State, 426 So. 2d 986 (Fla. 1st DCA 1983). “655, which clearly identifies the offense as an infraction as defined in Section 318.13(3). An infraction is "a noncriminal violation which is not punishable by incarceration and for which there is no right to a trial by jury or a right to court appointed counsel.”
In re Amendments to the Florida Rules of Traffic Court, 105 So. 3d 1267 (Fla. 2012). “§ 318.13(3), Fla. Stat. (2012). A defendant charged with an infraction under chapter 318 does not have a right to court appointed counsel or to a trial by jury.”
— 318.13(11)(b)(2) — 1 case
Jordan Cayne Hutchinson v. State of Florida (Fla. 1st DCA 2024).
— 318.13(13)(a) — 1 case
Leroy Roebuck v. State of Florida (Fla. 4th DCA 2021).
— 318.13(3) — 13 cases
Thomas v. State, 614 So. 2d 468 (Fla. 1993). “" § 318.13(3), Fla. Stat. (1989). Bicycles are regulated in chapter 316, Florida Statutes (1989), the Florida Uniform Traffic Control Law.”
Cheatem v. State, 416 So. 2d 35 (Fla. 4th DCA 1982). “Section 318.13, Florida Statutes (1974), was part of the Florida Uniform Disposition of Traffic Infractions Act enacted by the Legislature in 1974.”
Nettleton v. Doughtie, 373 So. 2d 667 (Fla. 1979). “See section 318.13(3), Florida Statutes. Clearly, there was no intent by the legislature in enacting chapter 318 to in any way change the jurisdiction of the court or courts that would hear these violations.”
State v. Champe, 373 So. 2d 874 (Fla. 1979). “[5] §§ 318.13(3) and 318.14, Fla. Stat. (1977).”
State v. Knowles, 625 So. 2d 88 (Fla. 5th DCA 1993). “040( l ); § 318.13(3), Fla. Stat. (1991); 4 Fla.Jur.”
— 318.13(4) — 3 cases
City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012). “§ 318.13(4), Fla. Stat. (2011). Section 318.”
Nettleton v. Doughtie, 373 So. 2d 667 (Fla. 1979). “See section 318.13(3), Florida Statutes. Clearly, there was no intent by the legislature in enacting chapter 318 to in any way change the jurisdiction of the court or courts that would hear these violations.”
James Nelson Obo Minor Child, N.N. v. The State of Florida (Fla. 3d DCA 2021).
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