6.340. Affidavit of Defense or Admission and Waiver of Appearance

(a) Appearance in Court. Any defendant charged with an infraction may, in lieu of a personal appearance at trial, file an affidavit of defense or an admission that the infraction was committed as provided in this rule.

(b) Posting of Bond. The trial court may require a bond to be posted before the court will accept an affidavit in lieu of appearance at trial. The defendant shall be given reasonable notice if required to post a bond.

(c) Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney may represent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant’s statements, and examine and cross examine witnesses without the defendant being required to file an affidavit of defense. Nonetheless, a defendant represented by an attorney may file an affidavit of defense. If a represented defendant files such an affidavit, the affidavit must be signed and properly notarized, subjecting the affiant to perjury prosecution for false statements.

(d) Sample Affidavit of Defense or Admission and Waiver of Appearance.

                                                      * IN THE COUNTY COURT,
STATE OF FLORIDA,                 * COUNTY, FLORIDA
Plaintiff,                                          *
                                                      * CASE NO. _______
vs.                                                  *
                                                      * CITATION NO. ____
___________,                               * _______
Defendant.                                     * DRIVER’S LICENSE NO.
*                                                    ________________

AFFIDAVIT OF DEFENSE OR
ADMISSION AND WAIVER OF APPEARANCE

Before me personally appeared __________, who after first being placed under oath, swears or affirms as follows:

1. My name, address, and telephone number are:
Name: ________________
Address: ________________
___________________________
Telephone No.: _______________

2. I am the defendant in the above-referenced case and am charged with the following violation(s): (List the charges as you understand them to be.)
______________________________
______________________________
______________________________
[Note: This is not an admission that you violated any law.]

3. Check only one as your plea:

_____ I hereby plead NOT GUILTY and file this affidavit of defense as my sworn statement herein. I understand that when I plead not guilty, I do not have to supply any further statement. I understand that by my filing this affidavit, the hearing officer or judge will have to make a decision as to whether I committed the alleged violation by the sworn testimony of the witnesses, other evidence, and my statement. I understand that I am waiving my personal appearance at the final hearing of this matter.

_____ I hereby plead GUILTY and file this affidavit as an explanation of what happened and as a statement that the hearing officer or judge can consider before pronouncing a sentence. I understand that I am not required to make any statement. I understand that the hearing officer or judge will determine the appropriate sentence and decide whether to adjudicate me guilty.

_____ I hereby plead NO CONTEST and file this affidavit as an explanation of what happened and as a statement that the hearing officer or judge can consider before pronouncing a sentence. By pleading no contest, I understand that I am not admitting or denying that the infraction was committed but do not contest the charges, and I understand that I may be sentenced and found guilty even though I entered a plea of no contest. I understand that I am not required to make any statement. I understand that the hearing officer or judge will determine any appropriate sentence and decide whether to adjudicate me guilty.

4. Defendant’s Statement: (additional papers, documents, photos, etc. can be attached but should be mentioned herein).
________________________
________________________
________________________
________________________
________________________
________________________
I understand that any material misrepresentation could cause me to be prosecuted for a separate criminal law violation.

/s/____________________
Affiant/Defendant

Sworn to (or affirmed) and subscribed before me, the undersigned authority, on ___________.

Personally known ____ Produced identification ____
Type of ID produced _________________________

/s/ ________________________________________
Notary Public, Deputy Clerk, or other authority
NAME:
Commission No. ___________
My Commission Expires: ___________

NOTE: It is your responsibility to make sure this affidavit is in the court file before the hearing date. If Affiant/Defendant is under the age of 18, a parent or guardian must sign this affidavit:

______________________
Parent or Guardian

Committee Notes

1996 Amendment. The Committee completely revised this rule to conform to the common practice of attorneys practicing in the traffic courts of Florida.