Florida Statute 318.19 – Mandatory Hearings

Florida Statute 318.19 identifies the types of traffic cases that require a mandatory hearing in court. Unlike most civil traffic infractions, these violations cannot be resolved by simply paying a fine online or attending traffic school. Drivers who receive a traffic citation under this statute must attend a court hearing, and the judge determines penalties such as fines, points on a driver license, or even license suspension. Many of these violations are tied directly to Florida’s super speeder law, which created stricter rules for dangerous speeding.

What Florida Statute 318.19 Covers

The statute lists specific violations that always require a hearing. These include:

  • Speeding more than 30 mph over the posted speed limit
  • Any violation involving a crash that resulted in injury or death
  • Passing a stopped school bus that displays its stop signals
  • Failing to properly secure a child in compliance with Florida’s child restraint laws
  • Any other violations that Florida statutes designate as requiring a mandatory appearance

When a traffic citation is issued for one of these offenses, the clerk’s office assigns a court date. The driver must attend court. Failing to appear can result in license suspension and additional penalties.

Difference Between Civil Infractions and Mandatory Hearings

For most civil traffic infractions, such as minor speeding or rolling through a traffic signal, drivers may pay the civil penalty, attend a basic driver improvement course, or elect traffic school. These cases do not require a court appearance unless the driver requests one. Under Florida Statute 318.19, however, the law requires the driver to appear in court. These hearings cannot be waived.

Court Hearing Process

When the clerk’s office receives a citation under 318.19, it issues a notice with the date, time, and location of the hearing. At the court hearing, a judge or hearing officer will:

  • Review the original citation and the violation alleged
  • Hear testimony from the law enforcement officer or other witnesses
  • Allow the driver to present evidence or compliance documents
  • Determine whether the violation occurred and what penalties apply

The court imposes fines, court costs, and other sanctions as required. In many cases, the judge may also order attendance at a basic driver improvement course or other driving school.

Penalties for Violating 318.19

Possible penalties include:

  • Civil penalty and court costs set by statute
  • Point assessment on a driver license under Florida Statute 322.27
  • License suspension for repeat violations or severe traffic cases
  • Additional fines if the violation occurred in a school zone or involved a school bus
  • Requirement to attend driver improvement school or complete a basic driver improvement course
  • Additional penalties if the violation involved improper or unsafe equipment, lack of valid documentation, or unpaid fines

Because 318.19 covers violations tied to Florida’s super speeder law, penalties are more severe than those for standard infractions.

Compliance Options

Some violations may be resolved by showing compliance. Drivers can submit proof of valid documentation, fix unsafe equipment, or provide proof of proper child restraints. Submitting proof to the clerk’s office may reduce penalties but does not eliminate the requirement to attend court. A dismissal fee may apply if the judge accepts compliance.

Why Representation Matters

Mandatory hearings under 318.19 are not simple traffic cases. These violations carry higher fines, points, and long-term effects on driving privileges. Attorney David A. Haenel, who leads SuperSpeederLawyer.com, has handled thousands of traffic cases across Florida. As a former prosecutor and former chair of the Florida Bar Traffic Court Rules Committee, he understands how judges evaluate mandatory hearing cases. SuperSpeederLawyer.com is a branch of The Law Place, a Florida law firm with decades of combined experience. With this background, our attorneys appear in court for you, challenge citations, and fight for reduced penalties or dismissal.

FAQs

What is Florida Statute 318.19

It is the law that requires drivers cited for certain serious violations to attend a mandatory court hearing. These include speeding 30 mph or more over the limit, passing a school bus, or violations that result in injury or death.

Do I have to attend court for a 318.19 violation

Yes. Attendance is mandatory. You cannot simply pay the ticket online or elect traffic school. If you fail to attend court, your license may be suspended.

What happens at a 318.19 court hearing

The judge or hearing officer reviews the citation, hears testimony from the officer, and allows you to present evidence. The court then imposes fines, court costs, and any other penalties required.

Are 318.19 violations part of the super speeder law

Yes. Many violations covered by 318.19, such as dangerous excessive speeding, are considered part of Florida’s super speeder law and carry enhanced penalties.

Do I need a lawyer for a mandatory hearing

Yes. Because these violations carry harsher consequences, a lawyer can protect your rights, argue for reduced penalties, and help avoid license suspension.

Call for a Free Consultation

If you received a citation that requires a mandatory hearing under Florida Statute 318.19, do not risk going to court alone. Contact SuperSpeederLawyer.com for a free consultation. Led by attorney David A. Haenel and backed by The Law Place, our team will review your citation, explain your options, and fight to protect your driver license and your future.

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