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The Florida Senate

2005 Florida Statutes

Section 372.711, Florida Statutes 2005

372.711  Noncriminal infractions.--

(1)  Any person cited for committing a noncriminal infraction specified in s. 372.83 shall be cited to appear before the county court. The civil penalty for any noncriminal infraction involving the license and permit requirements of s. 372.57 is $50, in addition to the cost of the amount of the license or permit involved in the infraction, except as otherwise provided in this section. The civil penalty for any other noncriminal infraction is $50, except as otherwise provided in this section.

(2)  Any person cited for an infraction under this section may:

(a)  Post a bond, which shall be equal in amount to the applicable civil penalty; or

(b)  Sign and accept a citation indicating a promise to appear before the county court.

The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(3)  Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree.

(4)  Any person charged with a noncriminal infraction under this section may:

(a)  Pay the civil penalty, either by mail or in person, within 30 days after the date of receiving the citation; or

(b)  If the person has posted bond, forfeit bond by not appearing at the designated time and location.

If the person cited follows either of these procedures, she or he shall be deemed to have admitted the infraction and to have waived her or his right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings.

(5)  Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (1). The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $500.

(6)  At a hearing under this chapter, the commission of a charged infraction must be proved beyond a reasonable doubt.

(7)  If a person is found by the hearing official to have committed an infraction, she or he may appeal that finding to the circuit court.

(8)  A person charged with violating the requirement for personal possession of a license or permit under s. 372.57 may not be convicted if, prior to or at the time of a court or hearing appearance, the person produces the required license or permit for verification by the hearing officer or court clerk. The license or permit must have been issued to the person charged with committing the violation and must have been valid at the time the violation occurred. The clerk of the court may assess a fee of $5 to cover the costs of a case under this subsection.

History.--s. 2, ch. 89-59; s. 2, ch. 91-134; s. 583, ch. 95-148; s. 22, ch. 96-300; s. 31, ch. 2002-46.