Loading…
58 verbatim mandatory provisions from 24-44-b.
Eighteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. • The Clerk shall have the authority to continue criminal (traffic and misdemeanor) first appearances cases one time, without court order, at the personal, written or telephonic request of a defendant who has not already failed to appear in the cause. • The continuance shall be to the division’s next available docket leaving sufficient time to provide notice. • Defendants requesting a continuance in writing or by telephone shall be required to immediately submit to the clerk a written acknowledgement of the waiver of speedy trial bearing the case number(s), new court time and date, and signature. • The deputy clerk authorizing a continuance shall note when and by what means the request for continuance was received, and the new court date granted. • Defendants represented by counsel shall be instructed to contact their attorney with their request for a continuance. 2. • The Clerk shall have the authority to continue civil traffic, parking and animal control hearings one time, at the request of either the defendant or law enforcement, to the division’s next available docket if the request for continuance is received at least fourteen (14) calendar days before the hearing date, so as to allow the Clerk sufficient time to notify all parties and witnesses of the rescheduled hearing date. • The date of the infraction hearing shall not be included in calculating the fourteen (14) day time period. • Requests for a Clerk’s continuance shall be made by mail, fax, in-person delivery, or through the Florida E-Filing portal. • A request for continuance within fourteen (14) calendar days of the hearing shall be made directly to the assigned judge. 3. • No second appearance, violation of probation first appearance or hearing, non-jury trial, docket sounding or jury trial shall be continued by the Clerk without the approval of the judge to whom the case is assigned. • Defendants represented by counsel shall be instructed to contact their attorney with the request for continuance. • The Clerk shall have authority to reschedule, without court approval, criminal and civil first appearances dates erroneously assigned to an incorrect time, date or docket by law enforcement, surety or pre-trial release officer, when the error is detected sufficiently in advance so as to allow notification of the defendant by mail. • The Clerk shall also notify defense counsel, the State Attorney, where appropriate, and the party making the erroneous assignment. 2. • The Clerk shall have authority to reschedule, without court approval, -- 2 of 8 -- Page 3 of 8 criminal and civil first appearance dates where the defendant appears in court as instructed, on an erroneous date assigned by law enforcement, surety or pre-trial release officer, when the case does not appear on the docket and the court file is not readily available. • The Clerk shall notify defense counsel, the State Attorney, where appropriate, and the party making the erroneous assignment. • The defendant shall be required to acknowledge the rescheduled court date in writing. 3. • Cases rescheduled under sub-paragraphs one and two above shall be assigned to the next available correct docket in the appropriate division, allowing sufficient time for notification of the other parties by mail. • Unless instructed otherwise by the assigned judge, the Clerk shall have authority to re-enter a defendant who has failed to appear: a. at a first appearance; b. as ordered at the jail or work farm; or, c. in response to an order to show cause as to unpaid fines, costs or community service. 2. • Upon re-entering such a defendant, the Clerk shall schedule such defendant for appropriate proceedings before the assigned judge. • All other defendants requesting re-entry following a failure to appear shall be instructed to turn themselves into the Brevard County Sheriff’s Department. 3. • The Clerk shall promptly activate and facilitate the issuance of bench warrants as ordered upon any failure to appear, unless instructed otherwise by the assigned judge. • Warrants shall not be held or recalled by the Clerk without the judge’s approval and defendants seeking to have warrants recalled shall be instructed to direct their request to the judge issuing the warrant. • If requested by the Defendant, the Clerk shall have authority to set a civil hearing within thirty-one days of the issuance of the citation. 2. • A defendant timely demanding a civil traffic infraction hearing and requesting to submit an affidavit of defense in lieu of a personal appearance shall be required to post bond, a cashier’s check or money order in the amount of the original civil penalty, plus applicable costs, as a condition precedent to the scheduling of the hearing. • The Clerk shall have the authority to schedule a civil emergency I.D. hearing for a defendant whose driver’s history reflects a Brevard County civil traffic -- 3 of 8 -- Page 4 of 8 infraction conviction when the defendant’s license or driving privilege is then under suspension for that infraction and the defendant swears that he or she was not the driver to whom the citation was issued. • The Clerk shall have the authority in civil and criminal traffic charges to issue a D-6 clearance (“suspended in error”), in advance of the civil I.D. hearing, or re-entered criminal court date [under, I(C)(1)], without charge, when, in the discretion of the Clerk, the defendant has a credible basis for requesting the civil I.D. hearing or criminal re- entry. • The Clerk shall have the authority to cancel a court date and dismiss the pending contempt charge for uncompleted community service and other court-ordered programs and schools if the defendant provides written proof of compliance to the Clerk at least five business days prior to the scheduled court hearing. 2. • The Clerk shall have the authority to cancel a civil traffic infraction hearing at the request of a defendant wishing to enter a plea of guilty under F.S. s. 318(14)(4), to make and election to attend traffic school under s. 318.14(9) or to plead no contest and provide proof of compliance for offenses listed in the chart at IV.B below. • The Clerk shall send written notice of the cancellation to the witnesses within 24 hours of receiving the request for cancellation from the defendant. • The defendant must pay applicable fines and costs at the time of the cancellation. 2. • If requested by the Defendant prior to the due date, the Clerk shall have the authority to grant a one-time 60-day extension for the payment of traffic and misdemeanor criminal fines and court costs, at the request of the defendant who is not on probation for the offense. • A defendant on probation shall be referred to the probation officer, who may elect to submit an appropriate extension request and order to the judge who placed the defendant on probation. • The Clerk shall have the authority to grant a one-time extension for the payment -- 4 of 8 -- Page 5 of 8 of civil penalties and court costs. • The length of such extension shall not be later than a date which is 90 days from the date of the offense set forth in the citation. • The Clerk shall not have the authority to convert civil or criminal fines, court costs or delinquency fees to community service or to convert community service to fines. • Persons seeking such conversions must obtain permission from the Court. 4. • Guilty Pleas:Pursuant to F.S. s. 318.14(4) and this Order, the Clerk shall have the authority to accept pleas of guilty for civil traffic infractions in person or in absentia. • The Clerk shall enter an adjudication of guilt and assess the application fines and costs. 2. • Pursuant to F.S. s. 318.14(9) and this Order, the Clerk shall have the authority to accept driver improvement school elections in person or in absentia for violations for which a court appearance is not mandatory. • The Clerk shall accept the election, withhold adjudication and assess all applicable fines and costs. • After making the election, the driver shall provide proof of school attendance within 90 days of the date of the infraction unless an extension of time is granted in accordance with Sec. • The Clerk shall have the authority to accept a Driver Improvement School Certificate as timely, without judicial approval, when a certificate of completion is submitted within one year of the date of infraction, but which clearly shows a completion date within 90 days of the date of the infraction. • The driver shall be responsible for payment of all fees previously imposed by the Clerk related to the untimely submission of the Driver Improvement School Certificate. • If a driver elects to attend Driver Improvement -- 5 of 8 -- Page 6 of 8 School, but subsequently fails to timely complete the course, the Clerk shall adjudicate the driver guilty pursuant to F.S. • Pursuant to F.S. 316.2065(3)(e) and this Order, the clerk shall have the authority to accept a receipt showing purchase of a bicycle helmet on or after the citation date and dismiss the citation. • Upon submission of appropriate proof, the clerk shall dismiss the citation and make note on the docket that proof was verified. • This option shall not be available to a defendant who has made a prior election under this provision. • Pursuant to this Order, the Clerk shall have the authority to accept pleas of no contest in person or in absentia for the traffic infractions set forth below, to withhold adjudication of guilt and to assess authorized fines and costs. • The person shall provide proof of compliance to the Clerk as prescribed below. • This option shall not be available to a defendant who has made an election under this provision within the preceding 12 months. • For infractions marked with an asterisk*, below, the Clerk shall dismiss the citation and assess the maximum fee allowed by rule or statute ($10.00 in 2010) if the person provides proof that he was in compliance at the time of violation. • The defendant must enter a plea of no contest to the above listed infractions by the first court appearance date (if criminal and companion civil), or within thirty days of the issuance of the civil citation (if no companion criminal). • Pursuant to Traffic Court Rule 6.291(c) and this Order, the Clerk shall have the authority to continue the first appearance date for up to sixty days for a criminal defendant making this election but unable to provide proof of compliance at the time of said election. • A defendant so continued may show proof of compliance and pay the required fine and court costs at any time prior to or at the continued first appearance date. • Defendants requesting a continuance in writing or by telephone shall be required to immediately submit to the clerk a written acknowledgment of waiver of speedy trial bearing the case number(s), new court time and date, and signature. • If a defendant timely tenders, by mail or in person, a civil penalty and court costs sum totaling less than that required by law, the Clerk shall have the authority to dispose of the citation by accepting the lesser amount, if the defendant submits his or her copy of the citation and it confirms that the officer incorrectly indicated the sum required. • In such cases, the civil penalty so accepted shall be allocated on a prorated basis, as provided by law, after deduction of court costs. • If a defendant timely tenders, by mail or in person, a civil penalty and court costs sum less than that required by law, and does not submit his or her copy of the citation, or if it appears from a review of the citation that the officer provided a correct sum, the Clerk shall have authority to allow the defendant a thirty day extension for payment of the correct balance due, plus an additional $5.00 civil penalty.
The Clerk shall have the authority to continue criminal (traffic and misdemeanor) first appearances cases one time, without court order, at the personal, written or telephonic request of a defendant who has not already failed to appear in the cause.
Reviewer note: Document sha256: a13d767c2f8164e085b1d83a7894e4bf341856b80aa69fa34d5f7dbb4a7285e5 (162140 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it.
Most hearings set for 30 minutes or less are conducted by Zoom in CV-A; the setting order/notice prevails. Telephonic appearance is allowed if opposing counsel doesn't object — request it when scheduling.
In CV-B the parties agree whether attendance is Zoom or in person; hybrid is permitted, and the Notice of Hearing must state Hearing Room 701 with the division's published Zoom ID (275-150-7351).
In CV-C, appearing by Zoom is a privilege (log in five minutes early; Court hosts); presenting testimony remotely — any hearing or non-jury trial, any length — requires a written motion showing good cause under Rule 2.530(b)(2).