318.18 Amount of civil
penalties.--
The penalties required for a noncriminal
disposition pursuant to s. 318.14
are as follows:
(1) Fifteen dollars for:
(a) All infractions of pedestrian
regulations.
(b) All infractions of s. 316.2065,
unless otherwise specified.
(c) Other violations of chapter
316 by persons 14 years of age or under
who are operating bicycles, regardless of
the noncriminal traffic infraction's
classification.
(2) Thirty dollars for all
nonmoving traffic violations and:
(a) For all violations of s. 322.19.
(b) For all violations of ss. 320.0605,
320.07(1),
322.065,
and 322.15(1).
Any person who is cited for a violation of
s. 320.07(1)
shall be charged a delinquent fee pursuant
to s. 320.07(4).
1. If a person who is cited for a
violation of s. 320.0605
or s. 320.07
can show proof of having a valid
registration at the time of arrest, the
clerk of the court may dismiss the case
and may assess a $5 dismissal fee. A
person who finds it impossible or
impractical to obtain a valid registration
certificate must submit an affidavit
detailing the reasons for the
impossibility or impracticality. The
reasons may include, but are not limited
to, the fact that the vehicle was sold,
stolen, or destroyed; that the state in
which the vehicle is registered does not
issue a certificate of registration; or
that the vehicle is owned by another
person.
2. If a person who is cited for a
violation of s. 322.03,
s. 322.065,
or s. 322.15
can show a driver's license issued to him
or her and valid at the time of arrest,
the clerk of the court may dismiss the
case and may assess a $5 dismissal fee.
3. If a person who is cited for a
violation of s. 316.646
can show proof of security as required by
s. 627.733,
issued to the person and valid at the time
of arrest, the clerk of the court may
dismiss the case and may assess a $5
dismissal fee. A person who finds it
impossible or impractical to obtain proof
of security must submit an affidavit
detailing the reasons for the
impracticality. The reasons may include,
but are not limited to, the fact that the
vehicle has since been sold, stolen, or
destroyed; that the owner or registrant of
the vehicle is not required by s. 627.733
to maintain personal injury protection
insurance; or that the vehicle is owned by
another person.
(c) For all violations of ss. 316.2935
and 316.610.
However, for a violation of s. 316.2935
or s. 316.610,
if the person committing the violation
corrects the defect and obtains proof of
such timely repair by an affidavit of
compliance executed by the law enforcement
agency within 30 days from the date upon
which the traffic citation was issued, and
pays $4 to the law enforcement agency,
thereby completing the affidavit of
compliance, then upon presentation of said
affidavit by the defendant to the clerk
within the 30-day time period set forth
under s. 318.14(4),
the fine must be reduced to $5, which the
clerk of the court shall retain.
(3)(a) Except as otherwise
provided in this section, $60 for all
moving violations not requiring a
mandatory appearance.
(b) For moving violations
involving unlawful speed, the fines are as
follows:
| For
speed exceeding the limit by: |
Fine: |
| 1-5
m.p.h. |
Warning |
| 6-9
m.p.h. |
$
25 |
| 10-14
m.p.h. |
$100 |
| 15-19
m.p.h. |
$125 |
| 20-29
m.p.h. |
$150 |
| 30
m.p.h. and above |
$250 |
(c) Notwithstanding paragraph
(b), a person cited for exceeding the
speed limit by up to 5 m.p.h. in a legally
posted school zone will be fined $50. A
person exceeding the speed limit in a
school zone will be assessed a fine double
the amount listed in paragraph (b).
(d) A person cited for exceeding
the speed limit in a posted construction
zone will be assessed a fine double the
amount listed in paragraph (b). The fine
shall be doubled for construction zone
violations only if construction personnel
are present or operating equipment on the
road or immediately adjacent to the road
under construction.
(e) If a violation of s. 316.1301
or s. 316.1303
results in an injury to the pedestrian or
damage to the property of the pedestrian,
an additional fine of up to $250 must be
assessed. This amount must be distributed
pursuant to s. 318.21.
(4) The penalty imposed under s. 316.545
shall be determined by the officer in
accordance with the provisions of ss. 316.535
and 316.545.
(5)(a) One hundred dollars for a
violation of s. 316.172(1)(a),
failure to stop for a school bus. If, at a
hearing, the alleged offender is found to
have committed this offense, the court
shall impose a minimum civil penalty of
$100. In addition to this penalty, for a
second or subsequent offense within a
period of 5 years, the department shall
suspend the driver's license of the person
for not less than 90 days and not more
than 6 months.
(b) Two hundred dollars for a
violation of s. 316.172(1)(b),
passing a school bus on the side that
children enter and exit when the school
bus displays a stop signal. If, at a
hearing, the alleged offender is found to
have committed this offense, the court
shall impose a minimum civil penalty of
$200. In addition to this penalty, for a
second or subsequent offense within a
period of 5 years, the department shall
suspend the driver's license of the person
for not less than 180 days and not more
than 1 year.
(6) One hundred dollars for
illegally parking, under s. 316.1955,
in a parking space provided for people who
have disabilities. However, this fine will
be waived if a person provides to the law
enforcement agency that issued the
citation for such a violation proof that
the person committing the violation has a
valid parking permit or license plate
issued pursuant to s. 316.1958,
s. 320.0842,
s. 320.0843,
s. 320.0845,
or s. 320.0848
or a signed affidavit that the owner of
the disabled parking permit or license
plate was present at the time the
violation occurred, and that such a
parking permit or license plate was valid
at the time the violation occurred. The
law enforcement officer, upon determining
that all required documentation has been
submitted verifying that the required
parking permit or license plate was valid
at the time of the violation, must sign an
affidavit of compliance. Upon provision of
the affidavit of compliance and payment of
a $5 dismissal fee to the clerk of the
circuit court, the clerk shall dismiss the
citation.
(7) One hundred dollars for a
violation of s. 316.1001.
However, a person may elect to pay $30 to
the clerk of the court, in which case
adjudication is withheld, and no points
are assessed under s. 322.27.
Upon receipt of the fine, the clerk of the
court must retain $5 for administrative
purposes and must forward the $25 to the
governmental entity that issued the
citation. Any funds received by a
governmental entity for this violation may
be used for any lawful purpose related to
the operation or maintenance of a toll
facility.
(8)(a) Any person who fails to
comply with the court's requirements or
who fails to pay the civil penalties
specified in this section within the
30-day period provided for in s. 318.14
must pay an additional civil penalty of
$12, $2.50 of which must be deposited into
the General Revenue Fund, and $9.50 of
which must be deposited in the Highway
Safety Operating Trust Fund. There is
hereby appropriated from the Highway
Safety Operating Trust Fund for fiscal
year 1996-1997 the amount of $4 million.
From this appropriation the department
shall contract with the Florida
Association of Court Clerks, Inc., to
design, establish, operate, upgrade, and
maintain an automated statewide Uniform
Traffic Citation Accounting System to be
operated by the clerks of the court which
shall include, but not be limited to, the
accounting for traffic infractions by
type, a record of the disposition of the
citations, and an accounting system for
the fines assessed and the subsequent fine
amounts paid to the clerks of the court.
On or before December 1, 2001, the clerks
of the court must provide the information
required by this chapter to be transmitted
to the department by electronic
transmission pursuant to the contract.
(b) Any person who fails to
comply with the court's requirements as to
civil penalties specified in this section
due to demonstrable financial hardship
shall be authorized to satisfy such civil
penalties by public works or community
service. Each hour of such service shall
be applied, at the rate of the minimum
wage, toward payment of the person's civil
penalties; provided, however, that if the
person has a trade or profession for which
there is a community service need and
application, the rate for each hour of
such service shall be the average standard
wage for such trade or profession. Any
person who fails to comply with the
court's requirements as to such civil
penalties who does not demonstrate
financial hardship may also, at the
discretion of the court, be authorized to
satisfy such civil penalties by public
works or community service in the same
manner.
(c) If the noncriminal infraction
has caused or resulted in the death of
another, the person who committed the
infraction may perform 120 community
service hours under s. 316.027(4),
in addition to any other penalties.
(9) One hundred dollars for a
violation of s. 316.1575.
(10) Twenty-five dollars for a
violation of s. 316.2074.
(11)(a) Court costs that are to
be in addition to the stated fine shall be
imposed by the court in an amount not less
than the following:
For pedestrian infractions ....... $
3.
For nonmoving traffic infractions ....... $
6.
For moving traffic infractions ....... $10.
(b) In addition to the court cost
assessed under paragraph (a), the court
shall impose a $3 court cost for each
infraction to be distributed as provided
in s. 938.01
and a $2 court cost as provided in s. 938.15
when assessed by a municipality or county.
Court costs imposed under this subsection
may not exceed $30. A criminal justice
selection center or other local criminal
justice access and assessment center may
be funded from these court costs.