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Florida Statute 322.056 | Lawyer Caselaw & Research
F.S. 322.056 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.056

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.056
322.056 Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses; prohibition.
(1) Notwithstanding s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of chapter 893, and:
(a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver license or driving privilege for a period of 6 months.
(b) The person’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period of 6 months.
(c) The person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of his or her driver license or driving privilege for a period of 6 months after the date on which he or she would otherwise have become eligible.

However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271, if the person is otherwise qualified for such a license.

(2) A penalty imposed under this section shall be in addition to any other penalty imposed by law.
History.s. 2, ch. 90-265; s. 3, ch. 91-243; s. 398, ch. 95-148; s. 15, ch. 97-162; s. 12, ch. 99-7; s. 110, ch. 2002-20; s. 3, ch. 2014-65; s. 10, ch. 2019-167.

F.S. 322.056 on Google Scholar

F.S. 322.056 on Casetext

Amendments to 322.056


Arrestable Offenses / Crimes under Fla. Stat. 322.056
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.056.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . A driver whose license or driving privilege has been suspended or revoked under this section or s. 322.056 . . .

WILLIAMS, III, v. STATE, 244 So. 3d 356 (Fla. App. Ct. 2018)

. . . (prohibiting driving without a valid Florida driver's license unless "authorized"); § 322.056, Fla. . . .

M. A. R. v. STATE, 67 So. 3d 232 (Fla. Dist. Ct. App. 2010)

. . . K.R.G., 12 So.3d 1269, 1269 (Fla. 2d DCA 2009) (applying to juvenile proceedings section 322.056(1)(a . . .

STATE v. K. R. G., 12 So. 3d 1269 (Fla. Dist. Ct. App. 2009)

. . . The juvenile court did not have discretion to forego the dictates of section 322.056(l)(a)(l), Florida . . . , placed the juvenile on probation, and declined to comply with the mandatory provisions of section 322.056 . . . matter to the juvenile court for the entry of an order directed to the Department as required by section 322.056 . . .

STATE v. S. S., 8 So. 3d 425 (Fla. Dist. Ct. App. 2009)

. . . See § 322.056(1), Fla. Stat. (2007). . . . Section 322.056(1) mandates suspension when a no contest plea is entered, adjudication is withheld, and . . .

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

. . . appeals the trial court’s failure to order the suspension of R.A.’s driver’s license pursuant to section 322.056 . . . mandatory and reverse with directions that R.A.’s driver’s license be suspended in accordance with section 322.056 . . . Fla. 2d DCA 1999), where the court held that the driver’s license suspension requirement of section 322.056 . . . R.N., 597 So.2d 862 (Fla. 5th DCA 1992), the court held that section 322.056 does not require adjudication . . . Furthermore, we agree that section 322.056 mandates revocation of driving privileges for a juvenile who . . .

STATE v. R. D. H. a, 779 So. 2d 465 (Fla. Dist. Ct. App. 2000)

. . . the trial court failed to suspend R.D.H.’s driver’s license, contrary to the requirements of section 322.056 . . . marijuana, a violation of section 893.13, Florida Statutes (1997), and an enumerated offense under section 322.056 . . . has held that even when the trial court accepts a no contest plea and withholds adjudication, section 322.056 . . . remand for the trial court to suspend R.D.H.’s license in accordance with the requirements of section 322.056 . . .

STATE v. C. C. S. a, 779 So. 2d 465 (Fla. Dist. Ct. App. 2000)

. . . the trial court failed to suspend C.C.S.’s driver’s license, contrary to the requirements of section 322.056 . . . twenty-one, a violation of section 562.111, Florida Statutes (1997), and an enumerated offense under section 322.056 . . . has held that even when the trial court accepts a no contest plea and withholds adjudication, section 322.056 . . . remand for the trial court to suspend C.C.S.’s lipense in accordance with the requirements of section 322.056 . . .

STATE v. R. P. E. a, 779 So. 2d 426 (Fla. Dist. Ct. App. 2000)

. . . case and failed to order the suspension of R.P.E.’s driver’s license pursuant to sections 562.111 and 322.056 . . . The requirements of section 322.056(1) are mandatory, even when a no contest plea has been entered and . . . that the trial court suspend R.P.E. s driver s license in accordance with the requirements of section 322.056 . . .

STATE v. J. V. W. a, 739 So. 2d 173 (Fla. Dist. Ct. App. 1999)

. . . juvenile court’s failure to order the suspension of the driver’s license of J.V.W., pursuant to section 322.056 . . . The requirements of section 322.056(1) are mandatory, even when a no contest plea has been entered and . . . directions that J.V.W.’s driver’s license be suspended in accordance with the requirements of section 322.056 . . .

STATE v. L. J. R. a, 723 So. 2d 389 (Fla. Dist. Ct. App. 1999)

. . . contends that LJ.R.’s driving privileges should have been suspended for two years, pursuant to section 322.056 . . . 722 So.2d 259 (Fla. 2d DCA 1998), we hold that a six-month suspension was proper pursuant to section 322.056 . . .

STATE v. P. J. A. a, 723 So. 2d 389 (Fla. Dist. Ct. App. 1999)

. . . contends that P.J.A.’s driving privileges should have been suspended for two years, pursuant to section 322.056 . . . 722 So.2d 259 (Fla. 2d DCA 1998), we hold that a two-year suspension is mandatory pursuant to section 322.056 . . .

STATE v. M. A. G. a, 723 So. 2d 390 (Fla. Dist. Ct. App. 1999)

. . . contends that M.AG.’s driving privileges should have been suspended for two years, pursuant to section 322.056 . . . 722 So.2d 259 (Fla. 2d DCA 1998), we hold that a two-year suspension is mandatory pursuant to section 322.056 . . .

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

. . . should have directed that M.L.R.’s driving privileges be suspended for two years, pursuant to section 322.056 . . . Section 322.056, Florida Statutes (1997), provides in pertinent part: 322.056 Mandatory revocation or . . . Section 322.056 requires the trial court to direct the suspension of a juvenile’s driving privileges . . . suspension and may order the suspension for “[n]ot less than 6 months and not more than 1 year.” § 322.056 . . . See § 322.056(l)(a)2., Fla. Stat. (1997). . . .

STATE v. M. A. P. a, 708 So. 2d 322 (Fla. Dist. Ct. App. 1998)

. . . Section 322.056, Florida Statutes (1995), requires a trial court to direct that the driving privileges . . . The language of section- 322.056 leaves no discretion in the trial court. See State v. . . .

C. B. a v. STATE, 706 So. 2d 925 (Fla. Dist. Ct. App. 1998)

. . . Because the trial court failed to follow the requirements of sections 39.052(4) and 322.056, Florida . . . See § 322.056, Fla. Stat. (1995). . . . 39.052(4) and also may direct the Department to suspend C.B.’s driving privileges pursuant to section 322.056 . . .

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

. . . disposition in a delinquency case in order, it alleges, to avoid the legislative mandate of section 322.056 . . . will no longer be subject to the mandatory suspension of his driving privileges required by section 322.056 . . . after his eighteenth birthday, the trial court has created a small window between sections 322.055 and 322.056 . . . which the State has no remedy on direct appeal, as M.D. will have escaped the application of section 322.056 . . .

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

. . . approve the trial court’s conclusion that the effect of the reference to section 322.271 in section 322.056 . . .

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, . . . in R.N.’s argument that the trial court’s failure to adjudicate him as a delinquent renders section 322.056 . . .