In re Florida Rules of Practice & Procedure for Traffic Courts

494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670
CourtSupreme Court of Florida
DecidedSeptember 18, 1986
DocketNo. 69276
StatusPublished
Cited by1 cases

This text of 494 So. 2d 1129 (In re Florida Rules of Practice & Procedure for Traffic Courts) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Florida Rules of Practice & Procedure for Traffic Courts, 494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670 (Fla. 1986).

Opinion

OPINION

PER CURIAM.

Pursuant to a petition from the Traffic Court Review Committee and the Advisory Commission to the Florida DWI Schools Coordination Trust Fund, the Florida Rules of Practice and Procedure for Traffic Rules are amended in the manner as appended to this opinion. This action shall be effective October 1, 1986.

McDonald, C.J., and ADKINS, OVER-TON, EHRLICH and BARKETT, JJ., concur.

II. GENERAL PROVISIONS

Rule 6.115. DWI School Coordination Trust Fund

(1) Each DWI school approved by the DWI Schools Coordinator is required to remit monthly the assessments collected pursuant to Section 25.387, Florida Statutes, to the DWI School’s Coordinator of the Supreme Court on a form provided by the Supreme Court.

(2) Each certified DWI school shall cause records and accounts to be kept in accordance with procedures prescribed by the Supreme Court. Such records and accounts will be subject to audit by the designated representative of the Supreme Court.

(3) Each DWI school shall collect the trust fund in accordance with the plan attached hereto.

The Florida Supreme Court in per curiam opinion of September 14,1982 (426 So.2d 9), provides in part:

Pursuant to Section 25.387, Florida Statutes, the Supreme Court hereby adopts the following plan for the implementation of the DWI Schools Coordination Trust Fund.

(1)Effective July 1, 1981, all DWI schools in the state of Florida shall assess three dollars against every individual enrolling in a DWI course at the time of the enrollment, including those who transfer to or from a school in another state. Federal military employees, their dependents and retired military personnel who attend a federal military DWI school shall be subject to the assessment. In addition, effective October 1, 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271(2)(b), Florida Statutes, shall be assessed three dollars upon enrollment in the program and upon each subsequent anniversary date of such enrollment for the duration of the restricted license period.

(2) In no case shall the assessment be waived.

(3) Each school shall remit on a monthly basis the assessment collected. The monthly remittance shall be forwarded at such time so as to be received by the Supreme Court by the seventh working day of the next month. The remittance shall be in the form of a check or money order payable to the State of Florida and be sent with a form entitled “DWI Schools Coordination Trust Fund — Remittance of $3.00 Additional Assessment.” See Appendix A.

(4) Each DWI school shall cause records and accounts to be kept which show the collection of each assessment and which will be subject to audit by the Supreme Court. The records of the assessments shall be in a form specified by the Supreme Court. See Appendix B.

(5) Each school shall be responsible for all costs, if any, incurred through compliance with the requirements of the fund.

(6) Each DWI school may request a $3.00 increase in the fee charged for enrollment in the DWI course, to cover the assessment. The DWI Schools Coordinator’s Office shall determine whether a change in the fee is appropriate.

(7) Monies collected by the fund shall be used by the DWI Schools Coordinator’s Office to pay for staff salaries, travel and other expenses related to the functioning of the office. The fund will also be used to pay for programs in which the coordinators office engages, including but not limited to, [1131]*1131interstate reciprocity, training, certification, monitoring and technical assistance. The Supreme Court may assess the fund for reasonable costs for the administration of the fund.

(8) The DWI Schools Coordinator shall be the administrator of the fund.

III. CRIMINAL OFFENSES

Rule 6.291. Withheld Adjudication; Misdemeanors; Costs and Assessments

(a) When a defendant charged with a criminal offense elects to exercise the option of receiving a withheld adjudication under the provisions of section 318.14(10), Florida Statutes, law enforcement education assessments under section 943.25(4) and (S), Florida Statutes, and victims of crimes compensation costs and surcharges pursuant to sections 960.20 and 960.25, Florida Statutes, shall be assessed, in addition to the courts costs assessed by section 318.14(10). However, costs pursuant to the authority of section 27.453, Florida Statutes, for the Local Government Criminal Justice Trust Fund, shall not be assessed.

(b) In addition to any other allowable costs, additional court costs of up to five dollars may, if authorized by administrative order of the chief judge of the circuit, be assessed.

Rule 6.300. Driver License Revocation; Maintaining List

In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations or suspensions from his or her existing records.

IV. TRAFFIC INFRACTIONS

Rule 6.330. Election to Attend Traffic School

(a) Unless a mandatory hearing is required, or the alleged offender appears at a hearing before an official, an alleged offender may elect to attend a driver improvement school pursuant to the provisions of section 318.14(9), Florida Statutes, within ten 30 days of receiving the citation. Attendance at a driver improvement school in this manner shall not operate to waive the-sureharges-for-exces&ive-speed imposed by — seetion-318vl8(3)r-Florida Statutes, or the law enforcement education assessments under section 943.25(4) and (8), Florida Statutes. Any alleged offender electing to attend driver improvement school under section 318.14(9) will receive a withheld adjudication and not be assessed points.

(b) An offender who is sentenced to or elects to attend a driver improvement school shall have the right to attend sueb an approved school in the county location of his residence choice if his county has an approved driver improvement- -school, — If his residence county-does-not-have -an- approved driver improvement school, the offender shall have the right to attend an approved driver improvement school in the county- closest-to.his -county- ■ of -residence that has an approved school.

Rule 6.360. Enlargement of Time

(a) When by these rules or by a notice given thereunder or by order of an official an act is required, or allowed to be done at or within a specified time, the official for good cause shown may, at any time, in his discretion (1) order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act the to be done when the failure to act was the result of excusable neglect; but it may not, except as provided by statute or elsewhere in these rules, extend the time for making a motion for a new hearing, or for taking an appeal.

(b) When an alleged offender elects to exercise the option of receiving a withheld adjudication pursuant to the provisions of section 318.14(9) or (10), Florida Statutes, the clerk may allow the offender such additional time as may be reasonably necessary to fulfill the statutory requirements.

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494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-florida-rules-of-practice-procedure-for-traffic-courts-fla-1986.