effective February 20, 2023, Civil Traffic Infraction Hearing Officers may in the exercise of their discretion; 1. Accept a plea of no contest and withhold adjudication of guilt with respect to civil traffic infractions violations other than those determined to have resulted in a traffic crash, a charge of driving while one’s driver’s license is revoked or suspended, a charge of driving with no valid driver’s license, and any civil infraction that would require a mandatory hearing pursuant to the provisions of section 318.19, Florida Statutes (currently, these offenses include violations for leaving a child unattended in a vehicle, an accident involving serious bodily injury, an accident involving a fatality, failing to stop for a school bus, or speeding 30 miles per hour or more above the speed limit); and; 2. That when a request is made by a defendant to enter a plea of no contest and withhold adjudication of guilt, the Civil Traffic Infraction Hearing Officer on rotation on the case shall render a decision within fifteen (15) days of the filing of the conditional plea, and; 3. That if the law enforcement officer that issued the uniform traffic citation has opposition to providing the defendant with the remedy of having the adjudication of guilt withheld, such officer shall note on the uniform traffic citation that the officer opposes the withhold of adjudication of guilt, and; 4. The defendant has thirty (30) days from the violation date to file a Plea of No Contest and Request for Withhold of Adjudication through the Clerk of Court; and; 5. The defendant is permitted to request a plea of no contest and request for withhold of adjudication hearing one (1) time during a twelve (12) month period and no more than three (3) times in a lifetime; and; 6. The defendant must pay any civil penalty they have been assessed to the Clerk of Court within fifteen (15) days from the date the Disposition/Court Order is signed. Alternatively, if unable to pay, the Defendant has fifteen (15) days from the date the Disposition/Court Order is signed to enter into a payment plan with the Clerk of Court; and; 7. That the Clerk of Court shall develop a form to enable a defendant to enter a plea of no contest conditioned on the Civil Traffic Infraction Hearing Officer withholding an adjudication of guilt relative to the civil traffic infraction being charged pursuant to the uniform traffic citation issued by the law enforcement officer.
23-14-S IN RE: TRAFFIC – PLEA OF NO CONTEST AND REQUEST FOR WITHHOLD OF ADJUDICATION PROGRAM – ORDERED 2/22/2023 BY JESSICA RECKSIEDLER