Florida Statute 318.15 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS

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F.S. 318.15

318.15 Failure to comply with civil penalty or to appear; penalty.—

(1)(a) If a person fails to comply with the civil penalties provided in s. 318.18 within the time period specified in s. 318.14(4), fails to enter into or comply with the terms of a penalty payment plan with the clerk of the court in accordance with ss. 318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court must notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such failure. Upon receipt of such notice, the department must immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). The order also must inform the person that he or she may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for court-related fines, fees, service charges, and court costs. Any such suspension of the driving privilege which has not been reinstated, including a similar suspension imposed outside of this state, must remain on the records of the department for a period of 7 years from the date imposed and must be removed from the records after the expiration of 7 years from the date it is imposed. The department may not accept the resubmission of such suspension.

(b) However, a person who elects to attend driver improvement school and has paid the civil penalty as provided in s. 318.14(9) but who subsequently fails to attend the driver improvement school within the time specified by the court is deemed to have admitted the infraction and shall be adjudicated guilty. If the person received an 18-percent reduction pursuant to s. 318.14(9), the person must pay the clerk of the court that amount and a processing fee of up to $18, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund, after which additional penalties, court costs, or surcharges may not be imposed for the violation. In all other such cases, the person must pay the clerk a processing fee of up to $18, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund, after which additional penalties, court costs, or surcharges may not be imposed for the violation. The clerk of the court shall notify the department of the person’s failure to attend driver improvement school and points shall be assessed pursuant to s. 322.27.

(c) A person who is charged with a traffic infraction may request a hearing within 180 days after the date upon which the violation occurred, regardless of any action taken by the court or the department to suspend the person’s driving privilege, and, upon request, the clerk must set the case for hearing. The person shall be given a form for requesting that his or her driving privilege be reinstated. If the 180th day after the date upon which the violation occurred is a Saturday, Sunday, or legal holiday, the person who is charged must request a hearing within 177 days after the date upon which the violation occurred; however, the court may grant a request for a hearing made more than 180 days after the date upon which the violation occurred. This paragraph does not affect the assessment of late fees as otherwise provided in this chapter.

(2) After the suspension of a person’s driver license and privilege to drive under subsection (1), the license and privilege may not be reinstated until the person complies with the terms of a periodic payment plan or a revised payment plan with the clerk of the court pursuant to ss. 318.14 and 28.246 or with all obligations and penalties imposed under s. 318.18 and presents to a driver license office a certificate of compliance issued by the court, together with a nonrefundable service charge of $60 imposed under s. 322.29, or presents a certificate of compliance and pays the service charge to the clerk of the court or a driver licensing agent authorized under s. 322.135 clearing such suspension. Of the charge collected, $22.50 shall be remitted to the Department of Revenue to be deposited into the Highway Safety Operating Trust Fund. Such person must also be in compliance with requirements of chapter 322 before reinstatement.

(3) The clerk shall notify the department of persons who were mailed a notice of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter into, or comply with the terms of, a penalty payment plan, or order with the clerk to the local hearing officer or failed to appear at a scheduled hearing within 10 days after such failure, and shall reference the person’s driver license number, or in the case of a business entity, vehicle registration number.

(a) Upon receipt of such notice, the department, or authorized agent thereof, may not issue a license plate or revalidation sticker for any motor vehicle owned or co-owned by that person pursuant to s. 320.03(8) until the amounts assessed have been fully paid.

(b) After the issuance of the person’s license plate or revalidation sticker is withheld pursuant to paragraph (a), the person may challenge the withholding of the license plate or revalidation sticker only on the basis that the outstanding fines and civil penalties have been paid pursuant to s. 320.03(8).

History.—s. 1, ch. 74-377; s. 1, ch. 80-262; s. 6, ch. 86-154; s. 333, ch. 95-148; s. 9, ch. 96-413; s. 50, ch. 97-300; s. 8, ch. 99-248; s. 98, ch. 2003-402; s. 1, ch. 2003-410; s. 59, ch. 2004-265; s. 23, ch. 2006-290; s. 6, ch. 2006-296; s. 32, ch. 2008-111; s. 2, ch. 2009-6; s. 11, ch. 2009-61; s. 5, ch. 2009-71; s. 2, ch. 2010-107; s. 16, ch. 2011-66; s. 17, ch. 2012-181; s. 8, ch. 2013-160; s. 16, ch. 2014-216; s. 47, ch. 2018-118; s. 9, ch. 2019-42; s. 17, ch. 2019-58; s. 10, ch. 2021-116.

F.S. 318.15 on Google Scholar

F.S. 318.15 on Casetext

Amendments to 318.15

Arrestable Offenses / Crimes under Fla. Stat. 318.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 318.15.

Annotations, Discussions, Cases:

Cases Citing Statute 318.15

Total Results: 20

The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company, and Christopher Riley, individually and as Founder of TIKD Services, LLC

Court: Supreme Court of Florida | Date Filed: 2021-10-14

Snippet: his or her license. See id. at 591; see also §§ 318.15 (Failure to Comply with Civil Penalty or to Appear;

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

Court: Supreme Court of Florida | Date Filed: 2018-08-30

Citation: 252 So. 3d 704

Snippet: defendant's failure to comply as required by section 318.15 or 322.245, Florida Statutes. Unless required by

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: the enactment of new legislation amending section 318.15, Florida Statutes (2012). See ch.2012-181, § 17

State v. Gomez

Court: District Court of Appeal of Florida | Date Filed: 2012-12-19

Citation: 103 So. 3d 258, 2012 Fla. App. LEXIS 21680, 2012 WL 6603080

Snippet: defendant’s motion to dismiss and, citing section 318.15, Florida Statutes (2011), reducing the charge of

State v. Wooden

Court: District Court of Appeal of Florida | Date Filed: 2012-07-11

Citation: 92 So. 3d 886, 2012 WL 2849648, 2012 Fla. App. LEXIS 11111

Snippet: comply with a civil penalty required in section 318.15, Florida Statutes (2011). See § 322.34(10)(a)3

In Re Amendments to the Florida Rules of Traffic Court

Court: Supreme Court of Florida | Date Filed: 2009-12-03

Citation: 24 So. 3d 176, 34 Fla. L. Weekly Supp. 655, 2009 Fla. LEXIS 2016, 2009 WL 4347311

Snippet: considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) [No change] *181 Committee

Lipovsky v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-08-15

Citation: 854 So. 2d 707, 2003 Fla. App. LEXIS 12214, 2003 WL 21946461

Snippet: was automatically suspended pursuant to Section 318.15, Florida Statutes (2000), because he failed to

Lite v. State

Court: Supreme Court of Florida | Date Filed: 1993-04-15

Citation: 617 So. 2d 1058, 1993 WL 113519

Snippet: related to the ownership of a motor vehicle); §§ 318.15 and 322.245, Fla. Stat. (1989) (failure to comply

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1992-10-22

Citation: 608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Snippet: considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) Administrative Order to

Kinman v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-11-02

Citation: 550 So. 2d 1190, 1989 WL 129799

Snippet: (forgery). [2] This testimony is confirmed by section 318.15 Florida Statutes (1987) which states: (1) If a

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-08-25

Citation: 536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332

Snippet: order to comply with the requirements of Section 318.15(1), Florida Statutes. (b) If the person alleged

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-08-25

Citation: 530 So. 2d 274, 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343

Snippet: failure to comply with the requirements of section 318.15(1). (b) If the person appears after the notice

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1986-09-18

Citation: 494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670

Snippet: considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) In relation to elections

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1985-09-30

Citation: 477 So. 2d 542, 10 Fla. L. Weekly 539, 1985 Fla. LEXIS 3911

Snippet: considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) In relation to elections

In re Florida rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1984-09-13

Citation: 458 So. 2d 1112, 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382

Snippet: failure to comply for *1115purposes of section 318.15, Florida Statutes. Rule 6.540 Time for and Method

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1982-02-11

Citation: 410 So. 2d 1337, 1982 Fla. LEXIS 2355

Snippet: shall be sent to the person pursuant to section 318.15(1), Florida Statutes, unless such a notice has

State v. Garner

Court: District Court of Appeal of Florida | Date Filed: 1981-08-28

Citation: 402 So. 2d 1333, 1981 Fla. App. LEXIS 20881

Snippet: driver improvement school under the provisions of s. 318.15 or s. 322.291 and the fine is waived, the added

State v. Addleman

Court: Supreme Court of Florida | Date Filed: 1980-10-02

Citation: 388 So. 2d 1230, 1980 Fla. LEXIS 4365

Snippet: order of the Broward County Court holding section 318.-15, Florida Statutes (1977), concerning driver license

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-02-05

Snippet: person to appear at a hearing as specified in s. 318.15, F. S., or to pay any civil penalty imposed by

E.C. Fitz Co., Inc. v. Eldridge

Court: Supreme Court of Florida | Date Filed: 1937-10-23

Citation: 176 So. 539, 129 Fla. 647, 1937 Fla. LEXIS 1158

Snippet: A.S.R. 192; Hutchinson v. Ford, 9 Bush. (Ky.) 318, 15 Am. R. 711; New Lincoln Hotel Co. v. Shears, 57