CLERK'S FREQUENTLY ASKED QUESTIONS
Among the large number of questions the clerk receives, there are a few that are asked more than most. Here you will find many of these "Frequently Asked Questions" and their answers.
If your particular question is not here, or you need elaboration on an answer given here, feel free to contact the Clerk.
Do I have other options besides just paying the ticket?
With payable civil infractions, you may enter a plea of not guilty; elect to attend a driver improvement course; or submit an Affidavit of Compliance along with a $39.50 dismissal fee in cases involving safety equipment violations that you have corrected. Also, for tickets issued for no valid driver's license, no registration certificate, or no proof of insurance, you can dismiss for $7.50, if you furnish proof that you had the document at the time you were charged and the document was valid.
Can the Clerk's Office advise me about points assessed against my license?
No, deputy clerks cannot offer advice concerning the number of points assessed against your license or how points will affect your insurance. You must address these concerns with the Department of Highway Safety and Motor Vehicles and/or your insurance agent.
What happens if the court finds me guilty?
If you are found guilty of a civil traffic infraction, the court may assess the fine and costs, order you to attend a defensive driving course, or impose other penalties. If you fail to pay the fine and costs in the time allotted by the court, a suspension will be issued against your driver's license and additional penalties will be imposed.
Who will be present at the hearing?
The officer who issued the traffic ticket, any witnesses called by the officer, and any witnesses you wish to call, will be present at the hearing.
How do I enter a not guilty plea to a civil traffic infraction?
You must notify the Clerk's Office, in person or in writing, within the required time period. Your case will be scheduled for an infraction hearing, at which you will be formally advised of the charge against you. You may change your plea at that time and the hearing will take place. Once you elect to contest your citation you have waived your right to pay the citation in full or pay the reduced fee and elect to attend driver improvement school.
Do I have other options besides just paying the ticket?
With payable civil infractions, you may enter a plea of not guilty; elect to attend a driver improvement course; or submit an Affidavit of Compliance along with a $39.50 dismissal fee in cases involving safety equipment violations that you have corrected. Also, for tickets issued for no valid driver's license, no registration certificate, or no proof of insurance, you can dismiss for $7.50, if you furnish proof that you had the document at the time you were charged and the document was valid.
What happens if I don't pay my ticket on time?
A suspension will be entered against your driver's license, and this could affect your insurance rates and subject you to additional penalties. Further, your case will be referred to a law firm for collection of the past due amounts.
How do I figure out what I owe on my ticket?
Please be aware that, while a law enforcement officer may tell you a fine amount for a particular violation, Florida Statutes, court rules, and administrative orders require the payment of court costs for various traffic infractions. See Fla. Stat. § 318.18(11) (2002); Rule 2.110, Florida Rules of Judicial Administration; and Administrative Order 1997-08. Please click here for a list of fines and costs for the most common traffic offenses. If you do not see the violation for which you were cited, please contact our knowledgeable traffic staff at 850-577-4100 for more information
If you are unable to pay your citation(s) within the statutory 30-day timeframe allowed under Florida Statute 318.14(4), you may be eligible to participate in the Payment Program.
In order to participate in the Payment Program, you must meet the statutory requirements as stated in Section 57.081, Florida Statues, by completing a Financial Affidavit. If you determined indigent, you will be allowed to defer your payment(s) over a ninety-day (90) period. Your Financial Affidavit must be received in our office within 30 days from the date you received your citation. Click here to print a Financial Affidavit or you may visit either our Traffic Division at 1920 Thomasville Road, Tallahassee, FL 32303 or the Misdemeanor Division at 301 S. Monroe St, Tallahassee, FL. 32301, room 141 and pick up a Financial Affidavit. If you print a Financial Affidavit from our web site and wish to mail your affidavit, please mail to our Thomasville Road office or you may fax it to us at (850) 487-3024.
If determined indigent, you will be mailed a Civil Infraction Partial Payment Agreement to
complete and return to this office. There is a $25.00 administrative fee, per case, that must be paid at the time you submit your Civil Infraction Partial Payment Agreement. You will have ninety days (90) from the date this office receives your Civil Infraction Partial Payment Agreement and $25.00 administrative fee, to pay your case(s) in full.
If you are not eligible to participate because you do not meet the statutory requirements, you will be notified by mail and will be given 10 days to pay your citation(s) in full.
You may still elect to attend driver improvement school if you participate in the Partial Payment Program provided you qualify to attend driver improvement school. Please click here to see if you are eligible to attend driver improvement school. You will be given 90 days from the date we receive your Civil Infraction Partial Payment Agreement, $25.00 application fee and notarized election affidavit to complete your driver improvement course and submit your certificate of completion to this office.
Failure to comply with the Notice of Partial Payment Agreement will result in additional penalties and possible suspension of your drivers license for civil traffic infractions or a civil judgment for ordinance violations.
Infraction violations must be paid within 30 calendar days from the date the ticket was issued. Criminal violations must be paid within 14 days from the date of issue.
What is a civil traffic infraction?
A civil traffic infraction is a non-criminal charge that usually can be disposed of by payment of a civil penalty or an election to attend a driver improvement course. A court appearance is not required, except in cases where the violation involves an accident with serious bodily injury to another. Payment can be made by mailing the payment to 1920 Thomasville Road, Tallahassee, Florida 32303; paying in person at the full service counter windows in the Traffic Division on Thomasville Road or in the Misdemeanor Division in Room 141 of the Courthouse; or by clicking here to pay online.
A criminal traffic charge, such as driving under the influence, requires a court appearance and subjects a person to penalties that include a fine and/or the possibility of a jail term. Payment of the ticket cannot be made automatically to the Clerk's Office. Persons charged with a criminal offense, if not given a court date at the jail, must visit the Clerk's Office and set a date within 14 days of the offense.
What types of cases are handled in Traffic Court?
The Traffic Division of the County Court handles criminal traffic cases and civil infractions. County court judges hear criminal traffic cases.
What happens to the money I pay for my traffic citation?
Section 318.21, Florida Statutes, entitled "Disposition of civil penalties by a county court," shows the distributions of all civil penalties by a county court. Additionally, Administrative Order 1997-08 shows additional fines and costs and the distribution of these amounts.
Will this referral hurt my credit rating?
The collection law firm may file with credit bureaus those accounts that remain unpaid. Failure to pay your traffic citations may also affect your credit rating.
What happens after my citation/case has been referred to the collection law firm?
The law firm will notify you of the referral and will collect the monies owed. Once you case has been referred to the law firm, it will maintain your account. To insure that your account is credited properly, only the law firm will accept payment on your account.
Who do I contact if my citation/case has been referred to the collection law firm?
Customers whose accounts have been referred to the law firm should contact the firm directly for payment information and instructions:
Linebarger Goggan
Blair Pena & Sampson LLP
P.O. Box 56107
Jacksonville, FL 32241
888-866-2290
Why can't I pay my traffic fines and costs in Leon County since I live here?
Rule 6.100, Florida Rules of Traffic Court, provides that a traffic violations bureau will be established in each county court by administrative order, and that one of the functions of such a bureau is to accept payments of civil penalites for traffic infractions that do not require a mandatory hearing. The Traffic Division of the Leon County Clerk's Office was established by Administrative Order 1978-6, is located at 1920 Thomasville Road, and accepts payments of civil penalties on those cases that have not been referred to a collection law firm pursuant to Section 938.35.
If you did not pay your traffic infraction within 30 days after your citation was issued, your driver's license was suspended. Ninety days after your citation was issued, your citation/case was referred to a law firm for collection, pursuant to Section 938.35., Florida Statutes, entitled "Collection of court-related financial obligations" and Section 28.264(6), Florida Statutes, entitled "Payment of court-related fees, charges, and costs; partial payments; distribution of funds."
Who may I contact for more information about an election?
You may consult the telephone directory heading of "Driving Instruction" or contact the Department of Highway Safety & Motor Vehicles (DHSMV) at (850) 487-1227, for a traffic reference guide; or click here for the Florida Department of Highway Safety and Motor Vehicles list of approved course providers.
You must make your election and pay the fines and costs in the county where your ticket was issued. However, you may attend a driver improvement school approved by the State of Florida in the location of your choice.
How many times can I elect to attend a driver improvement school?
You may make an election to attend school to satisfy an eligible traffic violation one time in a 12 month period, but no more than 5 times in your lifetime. If you elect to attend, but fail to satisfy the requirements, the election will still count toward the 5 allowed.
What happens if I do not attend the driver improvement school I elected?
If you elect to attend school, you must complete the course and submit your completion certificate to the Leon County Clerk's Office within 60 calendar days of your election. If you fail to meet any these requirements for any reason, you will be required to pay the 18 percent fine reduction amount and a $10.00 processing fee; failure to pay this amount may result in suspension of your driver's license. Additionally, points will be assessed against your driver's license.
What steps do I take after I complete the driver improvement school?
Whether you attend a driver improvement school in Leon County or in another County, you must present proof of completion of the driver improvement school to the Leon County Clerk's Office within 60 calendar days of the date you elect to attend school. You may mail your certificate to Clerk of Court, Traffic Division, 1920 Thomasville Road, Tallahassee FL 32303, fax to (850) 487-3024 or drop your certificate in our 24 hour drop box located at the rear of the Court House Annex on Thomasville Road.
How do I enroll?
You may visit the Leon County Clerk's Office to make your election, or make your election by mail. You must enroll, attend and complete an approved school within 60 calendar days from the date you elect to attend. You must pay for the course at the time you enroll.
What is the cost of driver improvement school?
School costs vary, depending on the school you attend. You must pay the civil penalty for the offense, plus the costs for the driver improvement school; the civil penalty, less a percentage deduction, is required by law. There is also a cost for school. Contact the Traffic Division of the Leon County Clerk's Office for the current costs or refer to the handout materials furnished to you by the law enforcement officer at the time you were cited for the violation.
What are the benefits of attending driver improvement school?
There are three benefits. One, no points will be assessed against your driver's license. Two, attending driver improvement school to satisfy the violation will be entered on your driver history record as an "adjudication withheld." Three, the civil penalty you must pay will be reduced by 18 percent.
Who may elect to attend driver improvement school?
A person charged with a moving or non-moving traffic violation may be eligible to attend driver improvement school. A person charged with a violation involving driver licenses, vehicle registration, proof of insurance, accidents or leaving a child under the age of 6 unattended in a vehicle is not eligible. You may not elect to attend driver improvement school for any violation if you hold a commercial driver’s license.
What should I do if I have questions or want to enroll in TAP?
Please call (850) 577-4100, or come to the Traffic Division of the Clerk's Office located at 1920 Thomasville Road in Tallahassee. You will need to provide your driver's license number or date of birth. The Traffic Division will review your driver history record to determine if you are eligible for enrollment in TAP, and will notify you by mail of this determination. If you are eligible, you must complete and submit a TAP enrollment package, and pay the $25 reinstatement fee and the first monthly payment of $50.00.
Must I have insurance?
Any person who owns a vehicle must provide proof of Personal Injury Protection (PIP) insurance. Any person who does not own a vehicle must sign an affidavit.
If I receive another citation, may I add the fine to TAP?
You may add a subsequently received fine to TAP by immediately contacting the Clerk's Office to have the new fine added to your payment schedule. Do NOT wait until your fine is past due or your driver's license is suspended.
What happens if I miss a payment or my payment is late?
If you miss a payment, your driver's license will be suspended. In addition, a delinquency fee will be added to each citation that has not been paid, and you will not be permitted to re-enroll in TAP.
How long do I have to make payments?
All persons enrolled in TAP are required to make monthly payments of $50.00, until all outstanding fines and fees are paid in full.
After I enroll in TAP, when will I be able to drive legally?
In most instances, you will be able to drive immediately. The clerk will update your driver history record upon receipt of the $100.00 fee and a signed TAP agreement.
What does it cost to enroll in TAP?
The total cost is $100.00, which includes a $25.00 application fee, a $25.00 reinstatement fee, and the first monthly payment of $50.00. In some instances, late fees must be paid prior to reinstatement.
Who is not eligible for TAP?
A person with a suspended driver's license due to any of the following reasons is ineligible for TAP:
Classification as a habitual traffic offender
Outstanding citations in other counties, states or countries
Alcohol-related offenses
A Financial Responsibility Judgment
Drug-related charges
Who is eligible for TAP?
A person who has a suspended driver's license for failure to appear or failure to pay fines related to Leon County, Florida citations is eligible for TAP.
What is TAP?
TAP is the Traffic Assistance Program, which allows a person to maintain a valid driver's license while making payments on outstanding traffic citations.
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