Supreme Court of Florida

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No. SC2023-0360

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IN RE: AMENDMENTS TO THE FLORIDA RULES OF TRAFFIC 

COURT.

August 31, 2023

PER CURIAM.

The Florida Bar’s Traffic Court Rules Committee (Committee) 

filed a report proposing amendments to the Florida Rules of Traffic 

Court.1 The proposed amendments were unanimously approved by 

the Committee and The Florida Bar’s Board of Governors. Both the 

Committee and the Court separately published the proposed 

amendments for comment, but no comments were received.

Having considered the Committee’s report, we hereby adopt 

the amendments to the Florida Rules of Traffic Court as proposed 

by the Committee. The amendments delete rules 6.080 (Improper 

Disposition of Traffic Ticket), 6.180 (Sentencing Repeat Offenders), 

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. 

Gen. Prac. & Jud. Admin. 2.140(b)(1).
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6.183 (Peremptory Challenges), 6.190 (Procedure on Failure to 

Appear; Warrant; Notice), and 6.300 (Driver License Revocation; 

Maintaining List) as obsolete or redundant to other rules. Text from 

rule 6.080 relating to contempt proceedings is streamlined and 

moved to rule 6.090 (Direct and Indirect Criminal Contempt).

Accordingly, we amend the Florida Rules of Traffic Court as 

reflected in the appendix to this opinion. New language is indicated 

by underscoring; deletions are indicated by struck-through type. 

The amendments shall become effective January 1, 2024, at 12:01 

a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Traffic Court

Howard James Williams, Chair, Traffic Court Rules Committee, 

Tampa, Florida, Andrew Joseph Decker IV, Past Chair, Traffic Court 

Rules Committee, Lake City, Florida, Joshua E. Doyle, Executive 

Director, The Florida Bar, Tallahassee, Florida, and Michael 

Hodges, Bar Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner
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APPENDIX

RULE 6.080. IMPROPER DISPOSITION OF TRAFFIC TICKET

Any person who solicits or aids in the disposition of a traffic 

complaint or summons in any manner other than that authorized 

by law or who willfully violates any provision of these rules shall be 

proceeded against for criminal contempt in the manner provided in 

these rules. However, a traffic hearing officer shall not have the 

power to hold any person in contempt of court, but shall be 

permitted to file a verified motion for order of contempt before any 

state trial court judge of the same county in which the alleged 

contempt occurred. Such matter shall be handled as an indirect 

contempt of court pursuant to the provisions of Florida Rule of 

Criminal Procedure 3.840.

Committee Notes

1990 Amendment. This rule expands the statutory mandate 

of Chapter 89-337, section 3(1) which deprives magistrates of the 

power of contempt with respect to defendants only. The rule 

extends the prohibition of a magistrate’s direct contempt powers to 

cover any person. The Committee expressed concern that if the 

contempt prohibition were limited to only the defendant, it might be 

assumed that such powers existed with respect to others such as 

attorneys, court personnel and witnesses. This rule also 

incorporates reference to the provisions of Florida Rule of Criminal 

Procedure 3.840 by specifying that magistrates may initiate indirect 

contempt proceedings by filing a verified motion for order of 

contempt pursuant to the Rule of Criminal Procedure.

1996 Amendment. Enactment of chapter 94-202, Laws of 

Florida, necessitated the deletion of all references in the rules to 

traffic “magistrates” in favor of the term traffic “hearing officers.”
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RULE 6.090. DIRECT AND INDIRECT CRIMINAL CONTEMPT

Direct and indirect criminal contempt shall be proceeded upon 

in the same manner as in the Florida Rules of Criminal Procedure.

A traffic hearing officer does not have the power to hold any 

person in contempt of court, but is permitted to file a verified 

motion for order of contempt before any state trial court judge of the 

same county in which the alleged contempt occurred. Such matter 

must be handled as an indirect contempt of court under the 

provisions of Florida Rule of Criminal Procedure 3.840.

Committee Notes

[No Change]

RULE 6.180. SENTENCING REPEAT OFFENDERS

(a) Defendant’s Rights. A defendant, alleged to have a prior 

conviction for a criminal traffic offense, shall have the right to 

remain silent concerning any prior conviction at the time of plea or 

sentence.

(b) Proof of Prior Convictions. If the right to remain silent 

is invoked by the defendant, the state shall have a reasonable time, 

if requested, to determine if any prior convictions exist. If the state 

is unable to prove any prior convictions, the defendant shall be 

treated as if no prior convictions exist.

(c) Suspension by Department. This provision shall not 

prevent the department from suspending a defendant’s driving 

privilege for a longer period than the court has entered if a prior 

record is discovered by the department.

Committee Notes
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1988 Adoption. Rule 6.180 is new and is designed to codify 

existing procedures in DUI cases. The rule sets forth what has 

become known as a “Meehan plea.” Meehan v. State, 397 So. 2d 

1214 (Fla. 2d DCA 1981).

1992 Amendment. Makes a “Meehan plea” applicable to all 

criminal traffic offenses.

RULE 6.183. PEREMPTORY CHALLENGES

In every jury trial in which a defendant is charged with a 

violation of section 316.193, Florida Statutes, each party shall have 

3 peremptory challenges, but the trial court, in the interest of 

justice, in its discretion may permit additional challenges.

Committee Notes

1988 Adoption. This rule was initially drafted to allow 6 

peremptory challenges per side in all DUI trials on the basis that 

the penalties in a DUI were normally more severe than most thirddegree felonies, that the trial was as complicated as any seconddegree felony, and that it was also subject to extreme jury prejudice 

due to “media blitz” publicity and the pressures from citizen action 

groups, as well as the numbers of prospective jurors who were 

nondrinkers or had religious reasons against drinking. The 

proposed rule met with strong opposition from the committee as 

drafted, with an almost even split vote. An amendment was 

proposed, which is the above rule as written, which satisfied all 

members of the committee, as it was recognized that the outlined 

problems existed, and the committee felt that a rule was needed to 

affirmatively show that additional peremptories should be freely 

granted by the court when the need arises.
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RULE 6.190. PROCEDURE ON FAILURE TO APPEAR;

WARRANT; NOTICE

(a) Issuance of Warrants. The court may direct the issuance 

of a warrant for the arrest of any resident of this state, or any nonresident on whom process may be served in this state, who fails to 

appear and answer a criminal traffic complaint or summons 

lawfully served on such person and against whom a complaint or 

information has been filed. The warrant shall be directed to all law 

enforcement officers, state, county, and municipal, in the state and 

may be executed in any county in this state.

(b) Warrant Not Issued or Served; Disposition of Case. If a 

warrant is not issued or is not served within 30 days after issuance, 

the court may place the case in an inactive file or file of cases 

disposed of and shall report only bond forfeiture cases and cases 

finally adjudicated to the driver license issuing authority of the 

department. For all other purposes, including final disposition 

reports, the cases shall be reported as disposed of, subject to being 

reopened if thereafter the defendant appears or is apprehended.

(c) Nonresident of State; Failure to Appear or Answer 

Summons. If a defendant is not a resident of this state and fails to 

appear or answer a traffic complaint, the clerk of the court or the 

court shall send notice to the defendant at the address stated in the 

complaint and to the department. The department shall send notice 

to the license issuing agency in the defendant’s home state. If the 

defendant fails to appear or answer within 30 days after notice is 

sent to the defendant, the court shall place the case in an inactive 

file or file of cases disposed of, subject to being reopened if 

thereafter the defendant appears or answers or a warrant is issued 

and served.

(d) Forfeiture of Bail. The waiting period imposed herein 

shall not affect any proceedings for forfeiture of bail.
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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.