6.600. Failure to Appear or Pay Civil Penalty; Reinstatement of Driver License

(a) Notice of Failure to Comply. In any case in which no mandatory hearing is required and the defendant has signed and accepted a citation but fails to pay the civil penalty or appear, notice of such failure shall be sent to the department within 5 days after the failure to comply, in order to comply with the requirements of section 318.15(1), Florida Statutes.

(b) Appearance After Notice Sent. If the defendant appears after the notice has been sent but before the department has suspended the driver license, the civil penalty may be paid without a hearing or the defendant may agree to attend a hearing. The department shall be notified immediately on a form to be supplied by the department.

(c) Reinstatement of License. If the defendant appears after the driver license has been suspended, the defendant may pay the civil penalty, elect to attend a driver improvement school, or request a hearing. Any request for a hearing shall be made within a reasonable period of time after the commission of the alleged offense. If an election to attend a hearing is granted and it is determined that the infraction was committed, the defendant shall be subject to the penalty provisions of section 318.14(5), Florida Statutes. The defendant shall be given a form supplied by the department, certified by the official, to be taken to the nearest driver license examining station to have the driving privilege reinstated.

Committee Notes

1988 Amendment. It was thought that a defendant who fails to appear until after his or her driver license has been suspended (which could be years later) should not be allowed to elect a hearing in those cases where the state has been prejudiced by the passage of time.