THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA

ADMINISTRATIVE ORDER NO. 7.520

REQUESTS FOR EXTENSIONS TO PAY TRAFFIC FINES

IN ALACHUA COUNTY

            WHEREAS, in Alachua County, Florida, there are a significant number of requests for extensions of time in which to make full payment of traffic fines;

            WHEREAS, Florida Rules of Traffic Court 6.360(a) provides that a traffic official, for good cause shown, may enlarge the time specified by the rules for performing a required act, which includes discretion to grant extensions of time to make full payment of traffic fines;

            WHEREAS, Florida Rules of Traffic Court 6.360(b) provides that when a defendant elects to attend driver improvement school pursuant to section 318.14(9), Florida Statues, the clerk shall allow the defendant such additional time, not exceeding 60 days, to fulfill the statutory requirements;

            WHEREAS, Florida Rules of Traffic Court 6.480(b) provides that the clerk, under the authority of an administrative order, may allow a reasonable amount of time before requiring payment of civil penalties or costs related to elections under sections 318.14 (9) and (10), Florida Statutes; and

            WHEREAS, it is in the interests of judicial economy to grant requests for extension of time for a limited period. It is therefore

            ORDERED

            1.         A defendant who is issued a citation must, pursuant to section 318.14 (4), Florida Statutes, contact the Traffic Bureau of the Clerk of the County Court for Alachua County within 30 days from the date of receipt of the citation in order to make any election for disposition of the citation. If a defendant elects to make payment, but is unable to make full payment at the time of the election, the defendant shall have a maximum of 90 days from the date of receipt of the citation in which to render payment through a payment plan administered by the Clerk of the Court. Payment plans administered by the Clerk of the Court shall address all traffic penalties EXCEPT: faulty equipment, citations requiring a mandatory court appearance, and misdemeanor or criminal traffic citations.

            2.         If a defendant has not rendered payment in full by the end of such extended time, the Clerk of the Court is authorized to terminate the payment plan and assess appropriate late fees. The Clerk of the Court shall then commence administrative action for suspension of the defendant’s driver’s license.

            3.         Any requests for extensions of time for payment which would exceed 90 days from the date of receipt of the citation must be approved by an order of either a court or a Civil Traffic Infraction Hearing Officer and such request must be made in writing prior to the expiration of the time for payment and prior to any administrative action taken by the Clerk of the Court for suspension of the defendant’s driver’s license.

            4.         A defendant who elects to attend driver improvement school, pursuant to section 318.14 (9), Florida Statutes, and who requests additional time to complete the statutory requirements, shall have 90 days from the date of the traffic citation to comply. If a defendant requests more than 90 days to comply with the requirements of section 318.14 (9), Florida Statutes, a traffic official, after reviewing the subject official file, driving record, and requisite Financial Affidavit, shall determine, pursuant to Florida Rules of Traffic Court 6.360 (a), whether the request should be granted.

            5.         A defendant who elects to enter a plea of nolo contendere and present proof of compliance pursuant to section 318.14 (10), Florida Statutes, and who requests additional time to complete the statutory requirements, shall have 90 days from the date of the traffic citation to comply. If a defendant requests more than 90 days to comply, a traffic official, after reviewing the subject official file, driving record, and requisite Financial Affidavit, shall determine, pursuant to Florida Rules of Traffic Court 6.360(a), whether the request should be granted.

            6.         A defendant who elects to pay the applicable civil penalty pursuant to section 318.14 (4), Florida Statutes, and who requests additional time to comply, shall have 90 days from the date of the citation to tender payment in full. If a defendant requests more than 90 days to pay the civil penalty, a traffic official shall determine, pursuant to Florida Rules of Traffic Court 6.360(a), whether the request should be granted.

            ORDERED on November 9, 2004.

                                                                                    ____/s/____________________________

                                                                                    STAN R. MORRIS, CHIEF JUDGE