Florida Statutes

Fla. Stat. § 318.15 (2025)

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

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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.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1980–2025 · leading case: In Re: Amendments to the Florida Rules of Traffic Court., 252 So. 3d 704 (Fla. 2018).

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In Re: Amendments to the Florida Rules of Traffic Court., 252 So. 3d 704 (Fla. 2018). · cites it 15× “The clerk shall report to the department a defendant's failure to comply as required by section 318.15 or 322.245, Florida Statutes.”

Lite v. State, 617 So. 2d 1058 (Fla. 1993). “(1989) (committing perjury related to the ownership of a motor vehicle); §§ 318.15 and 322.245, Fla. Stat. (1989) (failure to comply with traffic court's directives and civil penalties); § 322.”

State v. Wooden, 92 So. 3d 886 (Fla. 3d DCA 2012). · cites it 5× “(2011), 3 when the suspension was based on the failure to comply with a civil penalty required in section 318.15, Florida Statutes (2011). See § 322.”

In re Florida Rules of Practice & Procedure for Traffic Courts, 410 So. 2d 1337 (Fla. 1982). · cites it 8× “590 Failure to Complete Driver’s School; Reinstatement of Driver License (a) In any case where a person elects to attend driver’s school but fails to appear for or complete the course, a delinquency notice shall be sent to the person pursuant to section 318.15(1), Florida…”

Kinman v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989). · cites it 2× “[2] This testimony is confirmed by section 318.15 Florida Statutes (1987) which states: (1) If a person fails to comply with the civil penalties provided in s.”

In re Amendments to the Florida Rules of Traffic Court, 105 So. 3d 1267 (Fla. 2012). · cites it 3× “600(c), we became aware of the enactment of new legislation amending section 318.15, Florida Statutes (2012). See ch.”

In re Florida rules of Practice & Procedure for Traffic Courts, 458 So. 2d 1112 (Fla. 1984). · cites it 2× “If payment is not made after such extension or extensions the failure to pay shall be reported to the-department within ten days- for the purpese-of-suspending the offenders driving license, such action will be considered a failure to comply for *1115 purposes of section 318.15,…”

Florida Bar, 536 So. 2d 181 (Fla. 1988). · cites it 2× “Failure to Appear or Pay Civil Penalty; Reinstatement of Driver License (a) In any case where no mandatory hearing is required and the person has signed and accepted a citation but fails to pay the civil penalty or appear, notice of such failure shall be sent to the department…”

State v. Gomez, 103 So. 3d 258 (Fla. 3d DCA 2012). · cites it 4× “The State appeals a trial court’s ruling granting defendant’s motion to dismiss and, citing section 318.15, Florida Statutes (2011), reducing the charge of unlawful driving as a habitual traffic offender in violation of section 322.”

In re Florida Rules of Practice & Procedure for Traffic Courts, 494 So. 2d 1129 (Fla. 1986). · cites it 6× “If payment is not made after such extention of or extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) In relation to elections under the provisions of section 319.”

In Re Amendments to the Florida Rules of Traffic Court, 24 So. 3d 176 (Fla. 2009). · cites it 2× “If payment is not made after such extension or further extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) [No change] *181 Committee Notes 2009 Amendment.”

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts, 608 So. 2d 451 (Fla. 1992). · cites it 10× “If payment is not made after such extension or extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) Administrative Order to Clerk.”

Show all 18 citing cases →

— 318.15(1) — 6 cases

In Re: Amendments to the Florida Rules of Traffic Court., 252 So. 3d 704 (Fla. 2018). “The clerk shall report to the department a defendant's failure to comply as required by section 318.15 or 322.245, Florida Statutes.”

In re Florida Rules of Practice & Procedure for Traffic Courts, 410 So. 2d 1337 (Fla. 1982). “590 Failure to Complete Driver’s School; Reinstatement of Driver License (a) In any case where a person elects to attend driver’s school but fails to appear for or complete the course, a delinquency notice shall be sent to the person pursuant to section 318.15(1), Florida…”

Florida Bar, 536 So. 2d 181 (Fla. 1988). “Failure to Appear or Pay Civil Penalty; Reinstatement of Driver License (a) In any case where no mandatory hearing is required and the person has signed and accepted a citation but fails to pay the civil penalty or appear, notice of such failure shall be sent to the department…”

In re Florida Rules of Practice & Procedure for Traffic Courts, 494 So. 2d 1129 (Fla. 1986). “If payment is not made after such extention of or extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) In relation to elections under the provisions of section 319.”

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts, 608 So. 2d 451 (Fla. 1992). “If payment is not made after such extension or extensions, such action will be considered a failure to comply for purposes of section 318.15, Florida Statutes. (b) Administrative Order to Clerk.”

— 318.15(1)(b) — 1 case

— 318.15(1)(c) — 1 case

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