Chapter 322 — Chapter 322
119 sections in this chapter.
Fla. Stat. § 322.22 Authority of department to cancel or refuse to issue or renew license
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(1) The department may cancel or withhold issuance or renewal of any driver license, upon determining that the licensee was not entitled to the issuance thereof, or that the licensee failed to give the required or correct information in his or her application or committed any fra…
Fla. Stat. § 322.221 Department may require reexamination
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(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, at any time upon written notice of at least 5 days to the licensee, require him or her to submit to an examination or reexamination. Good cause a…
Fla. Stat. § 322.222 Right to review
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A driver may request an administrative hearing to review a revocation under s. 322.221(3). The hearing must be held in accordance with the department’s administrative rules adopted under chapter 120.
Fla. Stat. § 322.23 Suspending privileges of nonresidents and reporting convictions
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(1) The privilege of driving a motor vehicle on the highways of this state, given to a nonresident, shall be subject to suspension or revocation by the department in the same manner and for the same cause as a license issued by the department may be suspended or revoked.(2) The d…
Fla. Stat. § 322.24 Suspending resident’s license upon conviction in another state
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The department is authorized to suspend or revoke the license of any resident of the state, upon receiving notice of the conviction of such person in another state or foreign country of an offense therein which, if committed in this state, would be grounds for the suspension or r…
Fla. Stat. § 322.245 Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other criminal case
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(1) If a person charged with a violation of any of the criminal offenses enumerated in s. 318.17 or with the commission of any offense constituting a misdemeanor under chapter 320 or this chapter fails to comply with all of the directives of the court within the time allotted by …
Fla. Stat. § 322.25 When court to forward license to department and report convictions
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(1) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver license of such person by the department, the court in which such conviction is had shall require the surrender to it of all driver licenses then held by the pe…
Fla. Stat. § 322.2505 Court to forward license of person adjudicated incapacitated to department
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Whenever a person is adjudicated to be mentally or physically incapacitated pursuant to s. 744.331, the court shall require such person to surrender to it all driver licenses held by such person, and the court shall forward the same, together with a record of the adjudication, to…
Fla. Stat. § 322.251 Notice of cancellation, suspension, revocation, or disqualification of license
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(1) All orders of cancellation, suspension, revocation, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss. 627.732-627.734 shall be given either by personal delivery thereof to the licensee whose license is being canceled, suspended,…
Fla. Stat. § 322.26 Mandatory revocation of license by department
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The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person’s conviction of any of the following offenses:(1)(a) Murder resulting from the operation of a motor vehicle, DUI manslaughter where the conviction represent…
Fla. Stat. § 322.2615 Suspension of license; right to review
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(1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or hi…
Fla. Stat. § 322.26151 Review of materials submitted by law enforcement officer
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The Department of Highway Safety and Motor Vehicles shall review the materials submitted by the law enforcement officer to determine whether the materials comply with applicable statutes, rules, and policies, and the department shall inform the law enforcement officer when a defi…
Fla. Stat. § 322.2616 Suspension of license; persons under 21 years of age; right to review
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(1)(a) Notwithstanding s. 316.193, it is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle.(b) A law enforcement officer who has probable cause to believe that a…
Fla. Stat. § 322.263 Legislative intent
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It is declared to be the legislative intent to:(1) Provide maximum safety for all persons who travel or otherwise use the public highways of the state.(2) Deny the privilege of operating motor vehicles on public highways to persons who, by their conduct and record, have demonstra…
Fla. Stat. § 322.264 “Habitual traffic offender” defined
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A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year pe…
Fla. Stat. § 322.27 Authority of department to suspend or revoke driver license or identification card
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(1) Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder:(a) Has committed …
Fla. Stat. § 322.271 Authority to modify revocation, cancellation, or suspension order
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(1)(a) Upon the suspension, cancellation, or revocation of the driver license of any person as authorized or required in this chapter, except a person whose license is revoked as a habitual traffic offender under s. 322.27(5) or a person who is ineligible to be granted the privil…
Fla. Stat. § 322.2715 Ignition interlock device
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(1) Before issuing a permanent or restricted driver license under this chapter, the department shall require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence as specified in subsectio…
Fla. Stat. § 322.272 Supersedeas
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The filing of a petition for certiorari to the circuit court does not itself stay the enforcement of the suspension, revocation, or cancellation of license. The department may order a stay of enforcement upon appropriate terms and conditions.
Fla. Stat. § 322.273 Penalty
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The penalty for violation of the terms or conditions of a license so restricted by the department shall be the same as the penalty for driving while such license is revoked, canceled or suspended.
Fla. Stat. § 322.274 Automatic revocation of driver license
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(1) The driver license of any person convicted hereunder of theft of any motor vehicle or parts or components of a motor vehicle shall be revoked. If such revocation shall not be ordered by the court, the Department of Highway Safety and Motor Vehicles shall forthwith revoke the …
Fla. Stat. § 322.276 Out-of-state sanctions; issuance of license
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The department may, in its discretion, issue a driver license, with any required restrictions, if the applicant’s driving privilege or driver license is suspended or revoked in another state for an offense committed in that state which would not have been grounds for suspension o…
Fla. Stat. § 322.28 Period of suspension or revocation
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(1) Unless otherwise provided by this section, the department shall not suspend a license for a period of more than 1 year and, upon revoking a license, in any case except in a prosecution for the offense of driving a motor vehicle while under the influence of alcoholic beverages…
Fla. Stat. § 322.282 Procedure when court revokes or suspends license or driving privilege and orders reinstatement
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When a court suspends or revokes a person’s license or driving privilege and, in its discretion, orders reinstatement:(1) The court shall pick up all revoked or suspended driver licenses from the person and immediately forward them to the department, together with a record of suc…
Fla. Stat. § 322.283 Commencement of period of suspension or revocation for incarcerated offenders
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(1) When the court in a criminal traffic case orders the defendant to serve a term of incarceration or imprisonment and also suspends or revokes the defendant’s driver license as a result of the offense, the period of suspension or revocation shall commence upon the defendant’s r…
Fla. Stat. § 322.29 Surrender and return of license
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(1) The department, upon suspending or revoking a license, shall require that such license be surrendered to the department. At the end of the period of suspension, such license so surrendered shall be returned, or a duplicate license issued, to the licensee after the applicant h…
Fla. Stat. § 322.291 Driver improvement schools or DUI programs; required in certain suspension and revocation cases
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Except as provided in s. 322.03(3), any person:(1) Whose driving privilege has been revoked:(a) Upon conviction for:1. Driving, or being in actual physical control of, any vehicle while under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or…
Fla. Stat. § 322.292 DUI programs supervision; powers and duties of the department
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(1) The Department of Highway Safety and Motor Vehicles shall license and regulate all DUI programs, which regulation shall include the certification of instructors, evaluators, clinical supervisors, and special supervision services evaluators. The department shall, after consult…
Fla. Stat. § 322.293 DUI programs; assessment; disposition
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(1) The DUI programs shall be administered by the department, and the costs of administration shall be borne by the collections of revenue provided in this section. All funds received by the department shall be used for the purposes set forth in this chapter and for the general o…
Fla. Stat. § 322.30 No operation under foreign license during suspension, revocation, or disqualification in this state
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(1) Any resident or nonresident whose driver license or right or privilege to operate a motor vehicle in this state has been suspended, revoked, or disqualified as provided in this chapter, shall not operate a motor vehicle in this state under a license, permit, or registration c…
Fla. Stat. § 322.31 Right of review
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The final orders and rulings of the department wherein any person’s license is denied, canceled, suspended, or revoked or wherein any person’s commercial driver license or temporary commercial instruction permit is downgraded shall be reviewable in the manner and within the time …
Fla. Stat. § 322.32 Unlawful use of license
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It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver license knowing that such licens…
Fla. Stat. § 322.33 Making false affidavit perjury
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Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter, shall be guilty of perjury and upon conviction shall be punished accordingly.
Fla. Stat. § 322.34 Driving while license suspended, revoked, canceled, or disqualified
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(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privi…
Fla. Stat. § 322.341 Driving while license permanently revoked
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Any person whose driver license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 and who drives a motor vehicle upon the highways of this state is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 7…
Fla. Stat. § 322.35 Permitting unauthorized minor to drive
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No person shall cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized by the provisions of this chapter.
Fla. Stat. § 322.36 Permitting unauthorized operator to drive
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A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by a person who is duly authorized to operate a motor vehicle under this chapter. Any person who viol…
Fla. Stat. § 322.37 Employing unlicensed driver
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No person shall employ as a driver of a motor vehicle any person not then licensed to operate such vehicle as provided in this chapter. Violation of this section is a noncriminal traffic infraction subject to the penalty provided in s. 318.18(2).
Fla. Stat. § 322.38 Renting motor vehicle to another
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(1) A person may not rent a motor vehicle to any other person unless the other person is duly licensed or, if a nonresident, is licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an opera…
Fla. Stat. § 322.39 Penalties
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(1) It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state.(2) Unless another penalty is provided in this chapter or by the laws of this state, a person conv…
Fla. Stat. § 322.391 Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives; suspension of license
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A person charged with the commission of a misdemeanor under this chapter who fails to comply with all of the directives of the court is subject to the provisions of s. 322.245.
Fla. Stat. § 322.41 Local issuance of driver licenses prohibited
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Any person issued a driver license by the department may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required by any county, municipality, or other local board or body having authority to adopt local police regulations to ob…
Fla. Stat. § 322.42 Construction of chapter
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This chapter shall be liberally construed to the end that the greatest force and effect may be given to its provisions for the promotion of public safety.
Fla. Stat. § 322.43 Short title
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Sections 322.43-322.48 shall be known as the “Florida Driver License Compact Act.”
Fla. Stat. § 322.44 Driver License Compact
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The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:ARTICLE IFINDINGS AND DECLARATION OF POLICY.—(1) The party states find that:(a) The safety of their streets and highway…
Fla. Stat. § 322.45 Department of Highway Safety and Motor Vehicles; duty
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As used in ss. 322.44 and 322.50, the term “licensing authority,” with reference to this state, means the Department of Highway Safety and Motor Vehicles. Said department shall furnish to the appropriate authorities of any other party state any information or documents reasonably…
Fla. Stat. § 322.46 Compact administrator
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The compact administrator provided for in Article VII of s. 322.44 and Article VI of s. 322.50 shall not be entitled to any additional compensation on account of his or her service as such administrator, but shall be entitled to expenses incurred in connection with his or her dut…
Fla. Stat. § 322.47 Executive head defined
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As used in ss. 322.44 and 322.50, with reference to this state, the term “executive head” means the Governor.
Fla. Stat. § 322.48 Review of employee’s acts
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Any act or omission of any official or employee of this state done or omitted pursuant to, or in enforcing, the provisions of s. 322.44 or s. 322.50 shall be subject to review in accordance with chapter 120 by the Department of Highway Safety and Motor Vehicles, but any review of…
Fla. Stat. § 322.49 Short title
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Sections 322.45-322.50 shall be known as the “Florida Nonresident Violator Compact Act of 1977.”