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6.291. Procedures on Withheld Adjudication in Driving While License Suspended; Costs and Enlargement of Time to Comply; Record of Convictions
(a) Costs. When a defendant charged with a criminal
offense elects to exercise the option of receiving
a withheld adjudication under section 318.14(10), Florida
Statutes, law enforcement education assessments
under section 943.25, Florida Statutes, and victimsof-
crimes compensation costs and surcharges under
sections 938.03 and 938.04, Florida Statutes, must be
assessed, in addition to the court costs assessed by
section 318.14(10), Florida Statutes.
(b) Additional Costs. In addition to any other allowable
costs, additional court costs of up to $5 may
be assessed, if authorized by administrative order of
the chief judge of the circuit.
(c) Time to Comply. When a defendant elects to
exercise the option of receiving a withheld adjudication
pursuant to section 318.14(10), Florida Statutes,
the clerk shall allow the defendant such additional
time as may be reasonably necessary, not exceeding
60 days, to fulfill statutory requirements. If the defendant
has not been able to comply with the statutory
requirements within 60 days, the court, for good cause
shown, may extend the time necessary
for the defendant
to comply.
(d) Convictions. Elections under section 318.14(10),
Florida Statutes, when adjudication is withheld, shall
not constitute convictions as that term is used in chapter
322, Florida Statutes.
Committee Notes
1990 Amendment. Section 27.3455(1), Florida Statutes, was
amended to provide that any person who pleads nolo contendere
to a misdemeanor or criminal traffic offense under section
318.14(10)(a) shall be assessed costs of $50 for the local government
criminal justice trust fund. This enactment requires the
deletion of the previously existing rule provision that prohibited
an assessment of costs for the local government criminal justice
trust fund.
1992 Amendment. This rule consolidates rules 6.291, 6.292,
and 6.293. It also sets a limit on the amount of time a clerk can allow
a defendant to process an administrative withheld adjudication
through the clerk, without leave of court.
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