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Florida Statute 322.055 | Lawyer Caselaw & Research
F.S. 322.055 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.055

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.055
322.055 Revocation or suspension of, or delay of eligibility for, driver license for persons 18 years of age or older convicted of certain drug offenses.
(1) Notwithstanding s. 322.28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to suspend the person’s driver license or driving privilege. The suspension shall be 6 months or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.
(2) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is eligible by reason of age for a driver license or privilege, the court shall direct the department to withhold issuance of such person’s driver license or driving privilege for a period of 6 months after the date the person was convicted or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.
(3) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person’s driver license or driving privilege is already under suspension or revocation for any reason, the court shall direct the department to extend the period of such suspension or revocation by an additional period of 6 months or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.
(4) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of such person’s driver license or driving privilege for a period of 6 months after the date that he or she would otherwise have become eligible or until he or she becomes eligible by reason of age for a driver license and is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.
(5) A court that orders the revocation or suspension of, or delay in eligibility for, a driver license pursuant to this section shall make a specific, articulated determination as to whether the issuance of a license for driving privilege restricted to business purposes only, as defined in s. 322.271, is appropriate in each case.
(6) Each clerk of court shall promptly report to the department each conviction for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance.
History.s. 12, ch. 87-243; s. 4, ch. 89-281; s. 7, ch. 90-265; s. 74, ch. 94-306; s. 928, ch. 95-148; s. 60, ch. 99-8; s. 281, ch. 99-248; s. 59, ch. 2014-19; s. 28, ch. 2014-216; s. 9, ch. 2019-167.

F.S. 322.055 on Google Scholar

F.S. 322.055 on Casetext

Amendments to 322.055


Arrestable Offenses / Crimes under Fla. Stat. 322.055
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.055.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FIGUEREDO, v. STATE, 275 So. 3d 229 (Fla. App. Ct. 2019)

. . . Section 322.055(1), Florida Statutes (2015), provides a basis for the revocation of a driver's license . . . of Highway Safety and Motor Vehicles to revoke Figueredo's driver's license as provided in section 322.055 . . .

BURGESS, v. STATE, 198 So. 3d 1151 (Fla. Dist. Ct. App. 2016)

. . . driving while the person’s driver’s license or driving privilege is • suspended or revoked”); see also §§ 322.055 . . .

BRUNSON, v. STATE, 31 So. 3d 926 (Fla. Dist. Ct. App. 2010)

. . . State, 655 So.2d 1308, 1308 (Fla. 1st DCA 1995) (holding, per section 322.055, Florida Statutes, a trial . . .

BRADSHEER K. v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 20 So. 3d 915 (Fla. Dist. Ct. App. 2009)

. . . State, 617 So.2d 1058 (Fla.1993), the court considered the constitutionality of section 322.055(1), Florida . . . the department to revoke the driver's license” of a person convicted of a specified drug offense. § 322.055 . . . Accordingly, subsection 322.055(1) is constitutionally valid even without the requirement that a motor . . .

STATE v. CLAYTON,, 994 So. 2d 388 (Fla. Dist. Ct. App. 2008)

. . . This is not a valid ground for a second withhold of adjudication for a drug offense because section 322.055 . . . Section 322.055(1), Florida Statutes (2007), provides for a suspension of the driver’s license and driving . . . Section 322.055(1) provides: Notwithstanding the provisions of s. 322.28, upon the conviction of a person . . .

BOLWARE, v. STATE, 995 So. 2d 268 (Fla. 2008)

. . . possession of cocaine and marijuana, and the trial court revoked his driver’s license pursuant to section 322.055 . . . other cases, in which the court revoked the driver’s licenses of certain drug offenders, see, e.g., § 322.055 . . . See § 322.055(1), Fla. Stat. . . . . . § 322.055 expressly requires the Court to direct the department to revoke driving privileges of any . . .

PUGH, v. STATE, 971 So. 2d 225 (Fla. Dist. Ct. App. 2008)

. . . We reverse that portion of the sentence ordering a driver’s license revocation under section 322.055( . . .

LESCHER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 946 So. 2d 1140 (Fla. Dist. Ct. App. 2006)

. . . not been informed that as a result of his plea his driver’s license would be revoked under section 322.055 . . . In this case, the two year license revocation mandated by section 322.055(1) was definite, immediate, . . .

STATE v. R. A. a, 928 So. 2d 1258 (Fla. Dist. Ct. App. 2006)

. . . contained in section 322.056, Florida Statutes, which provides: Notwithstanding the provisions of section 322.055 . . .

AYOUB, v. STATE, 901 So. 2d 311 (Fla. Dist. Ct. App. 2005)

. . . See § 322.055, Fla. Stat. (2002); Martin v. State, 618 So.2d 737, 740 (Fla. 1st DCA 1993). . . .

BEARD, v. STATE, 874 So. 2d 1274 (Fla. Dist. Ct. App. 2004)

. . . permanently revoked pursuant to section 322.28(2)(e), Florida Statutes (2002), rather than section 322.055 . . .

HUESCA, v. STATE, 841 So. 2d 585 (Fla. Dist. Ct. App. 2003)

. . . directed the Department of Highway Safety and Motor Vehicles to revoke his license pursuant to section 322.055 . . . Section 322.055(1) provides, in part, that: [Ujpon the conviction of a person 18 years of age or older . . .

FRASILUS, v. STATE, 840 So. 2d 1117 (Fla. Dist. Ct. App. 2003)

. . . Frasilus argues the special condition was improper as applied to him because section 322.055(1), Florida . . . We do not reach the merits of the issue as to whether section 322.055, Florida Statutes requires an adjudication . . .

PRIANTI, v. STATE, 819 So. 2d 231 (Fla. Dist. Ct. App. 2002)

. . . We have held that a mandatory two year revocation of a driver’s license under section 322.055(1) is a . . .

PARTLOW, v. STATE, 813 So. 2d 999 (Fla. Dist. Ct. App. 2002)

. . . 4th DCA 1998), where we held that the mandatory 2 year revocation of a driver’s license under section 322.055 . . .

VICHICH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 799 So. 2d 1069 (Fla. Dist. Ct. App. 2001)

. . . Stat. (1999) (arresting law enforcement officer); §§ 322.055, .056, .28, Fla. Stat. (1999) (court). . . .

WHIPPLE, v. STATE, 789 So. 2d 1132 (Fla. Dist. Ct. App. 2001)

. . . defendant informed that as a result of his plea, his driver’s license would be revoked pursuant to section 322.055 . . . court was required to determine that appellant understood that he was subject to a suspension under 322.055 . . .

STATE v. M. L. R. a, 722 So. 2d 259 (Fla. Dist. Ct. App. 1998)

. . . of certain alcohol, drug, or tobacco offenses; prohibition. (1) Notwithstanding the provisions of s. 322.055 . . .

DANIELS, v. STATE, 716 So. 2d 827 (Fla. Dist. Ct. App. 1998)

. . . Daniels informed that as a result of his plea, his driver’s license would be revoked pursuant to section 322.055 . . . The court ordered revocation pursuant" to section 322.055 and directed Daniels to surrender his license . . . In this case, the two year' license revocation mandated by section 322.055(1) was definite, immediate . . . trial court was required to determine that the defendant understood that he was subject to the section 322.055 . . . Section 322.055(1) provides in pertinent part: [Ujpon the conviction of a person 18 years of age or older . . .

S. EASLEY, v. STATE, 709 So. 2d 646 (Fla. Dist. Ct. App. 1998)

. . . trial court’s authority with respect to suspension of his driver’s license is provided for in section 322.055 . . .

STATE v. M. D. a, 706 So. 2d 41 (Fla. Dist. Ct. App. 1998)

. . . Although section 322.055, Florida Statutes (1995), imposes similar suspension requirements on adults . . . just days after his eighteenth birthday, the trial court has created a small window between sections 322.055 . . . The language of section 322.055 leaves no discretion in the presiding judge. . . .

CRISEL, Sr. v. STATE, 677 So. 2d 95 (Fla. Dist. Ct. App. 1996)

. . . the same day the court ordered the revocation of the appellant’s driver’s license pursuant to section 322.055 . . . We conclude that it is unnecessary to decide whether the section 322.055(1) revocation constituted a . . .

NANCE, v. STATE, 674 So. 2d 888 (Fla. Dist. Ct. App. 1996)

. . . The proper procedure pursuant to section 322.055, Florida Statutes (1993), is for the trial court to . . .

LEE, v. STATE, 673 So. 2d 990 (Fla. Dist. Ct. App. 1996)

. . . This crime is not within the ambit of section 322.055(1), Florida Statutes (1993) regarding the suspension . . . by the court and reportT ing is not required to the Department of Motor Vehicles pursuant to section 322.055 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. LITSCH,, 664 So. 2d 25 (Fla. Dist. Ct. App. 1995)

. . . Motor Vehicles to issue a driver’s license for work/business purposes to Appellee pursuant to section 322.055 . . . Under the authority of section 322.055(1), Florida Statutes, the state revoked his driving privileges . . . permitted to obtain a driver’s license for business or employment purposes as authorized by section 322.055 . . . business or employment purposes,” and not to superimpose the entirety of section 322.271 on to section 322.055 . . . Section 322.055(1) requires an individual to go through a rehabilitation program before having his license . . .

GILBERT, v. STATE, 659 So. 2d 365 (Fla. Dist. Ct. App. 1995)

. . . order revoking Gilbert’s driver’s license and remand for further proceedings in accordance with section 322.055 . . .

CRAWFORD, v. STATE, 651 So. 2d 731 (Fla. Dist. Ct. App. 1995)

. . . Section 322.055(1), Florida Statutes (1993), provides a basis for the revocation of a driver’s license . . . However, section 322.055 does not provide the trial court with the authority to suspend or revoke the . . . trial court to order the department to revoke appellant’s license for two years pursuant to section 322.055 . . .

LITE, v. STATE, 617 So. 2d 1058 (Fla. 1993)

. . . .2d 1202 (Fla. 4th DCA 1992), in which the district court upheld the constitutionality of subsection 322.055 . . . Subsection 322.055(1) provides in pertinent part that upon the conviction of a person 18 years of age . . . At Lite’s sentencing hearing, the trial court found subsection 322.055(1) unconstitutional and refused . . . Accordingly, subsection 322.055(1) is constitutionally valid even without the requirement that a motor . . . We also disagree with Lite’s contention that subsection 322.055(1) violates equal protection principles . . .

MARTIN, v. STATE, 618 So. 2d 737 (Fla. Dist. Ct. App. 1993)

. . . suspension of his driver’s license was improper, because it was not done in accordance with section 322.055 . . . Nevertheless, section 322.055(1), Florida Statutes, authorizes the sentencing court to direct the Department . . . WIGGINTON and WOLF, JJ., concur. . § 322.055(1), Fla.Stat. (1991), provides: (1) Notwithstanding the . . .

STATE v. R. N. a, 597 So. 2d 862 (Fla. Dist. Ct. App. 1992)

. . . Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s. 322.055, . . .

STATE v. LITE,, 592 So. 2d 1202 (Fla. Dist. Ct. App. 1992)

. . . Pursuant to section 322.055(1), Florida Statutes (Supp.1990), appellee’s license was required to be suspended . . . During appellee’s sentencing, the trial court refused to enforce section 322.055(1), finding it unconstitutional . . . In so doing, we reaffirm our decision that section 322.055(1) is constitutional, and therefore reverse . . . Section 322.055(1), provides in pertinent part: upon the conviction of a person 18 years of age or older . . . Pursuant to section 322.055(1), only those convicted of possession, sale or trafficking of controlled . . .

STATE v. LAWTON, a k a, 588 So. 2d 72 (Fla. Dist. Ct. App. 1991)

. . . reverse that portion of the trial court’s sentencing order refusing to apply the provisions of section 322.055 . . . plea agreement and sentence stand, the sentence should be in accord with the provisions of section 322.055 . . .

VINYARD, v. STATE, 586 So. 2d 1301 (Fla. Dist. Ct. App. 1991)

. . . cocaine in violation of section 893.13(1)(a), and in suspending his driver’s license pursuant to section 322.055 . . . trial court of its jurisdiction to direct that his driving privileges be revoked, pursuant to section 322.055 . . . In revoking the defendant’s driver’s license, the court did not follow the mandate of section 322.055 . . . Section 322.055, Florida Statutes (1987), reads: (1) Notwithstanding the provisions of s. 322.-28, the . . .

NICHOLS, v. STATE, 559 So. 2d 104 (Fla. Dist. Ct. App. 1990)

. . . Although section 322.055(1), Florida Statutes (1987), gives the trial court the authority to direct the . . .

R. NEIL, v. STATE, 556 So. 2d 486 (Fla. Dist. Ct. App. 1990)

. . . State, 554 So.2d 1226 (Fla. 2d DCA 1989), section 322.055(1), Florida Statutes (1987), authorized the . . .

BLAIR, v. STATE, 554 So. 2d 1226 (Fla. Dist. Ct. App. 1990)

. . . probation: “Your drivers [sic] license will be revoked for a period of thirty-six (36) months.... ” Section 322.055 . . .

T. CALLAHAN, v. STATE, 550 So. 2d 79 (Fla. Dist. Ct. App. 1989)

. . . . § 322.055(1), Fla.Stat. (1987). . . .