Rule 6.291 - Procedures on Withheld Adjudication in Driving While License Suspended; Costs and Enlargement of Time to Comply; Record of Convictions(a) Costs. When a defendant charged with a criminal offense elects to exercise the option of receiving a withheld adjudication under section 318.14(10), Florida Statutes, law enforcement education assessments under section 943.25, Florida Statutes, and victims-of-crimes compensation costs and surcharges under sections 938.03 and 938.04, Florida Statutes, must be assessed, in addition to the court costs assessed by section 318.14(10), Florida Statutes.(b) Additional Costs. In addition to any other allowable costs, additional court costs of up to $5 may be assessed, if authorized by administrative order of the chief judge of the circuit.(c) Time to Comply. When a defendant elects to exercise the option of receiving a withheld adjudication pursuant to section 318.14(10), Florida Statutes, the clerk shall allow the defendant such additional time as may be reasonably necessary, not exceeding 60 days, to fulfill statutory requirements. If the defendant has not been able to comply with the statutory requirements within 60 days, the court, for good cause shown, may extend the time necessary for the defendant to comply.(d) Convictions. Elections under section 318.14(10), Florida Statutes, when adjudication is withheld, shall not constitute convictions as that term is used in chapter 322, Florida Statutes.Committee Notes
1990 Amendment. Section 27.3455(1), Florida Statutes, was amended to provide that any person who pleads nolo contendere to a misdemeanor or criminal traffic offense under section 318.14(10)(a) shall be assessed costs of $50 for the local government criminal justice trust fund. This enactment requires the deletion of the previously existing rule provision that prohibited an assessment of costs for the local government criminal justice trust fund.
1992 Amendment. This rule consolidates rules 6.291, 6.292, and 6.293. It also sets a limit on the amount of time a clerk can allow a defendant to process an administrative withheld adjudication through the clerk, without leave of court.
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