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F.S. 322.245 on Google Scholar

F.S. 322.245 on Casetext

Amendments to 322.245


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.245 Florida Statutes and Case Law
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.
(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 the court, the clerk of the court must provide the person, either electronically or by mail sent to the address specified on the uniform traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, his or her driver license will be suspended. The notice must be sent no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.
(2) In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail in accordance with s. 61.13016 the notice specified in that section, notifying him or her that if he or she does not comply with the requirements of that section and pay a delinquency fee of $25 to the depository or the clerk, his or her driver license and motor vehicle registration will be suspended. The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office after the clerk remits $15 to the Department of Revenue for deposit into the General Revenue Fund.
(3) If the person fails to comply with the directives of the court within the 30-day period, or, in non-IV-D cases, fails to comply with the requirements of s. 61.13016 within the period specified in that statute, the depository or the clerk of the court must electronically notify the department of such failure within 10 days. Upon electronic receipt of the notice, the department shall immediately issue an order suspending the person’s driver license and privilege to drive effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). The order of suspension must also contain information specifying that the person may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for fines, fees, service charges, and court costs.
(4) After suspension of the driver license of a person pursuant to subsection (1), subsection (2), or subsection (3), the license may not be reinstated until the person complies with all court directives imposed upon him or her, including payment of the delinquency fee imposed by subsection (1), and presents certification of such compliance to a driver licensing office and complies with the requirements of this chapter or, in the case of a license suspended for nonpayment of child support in non-IV-D cases, until the person complies with the reinstatement provisions of s. 322.058 and makes payment of the delinquency fee imposed by subsection (2).
(5)(a) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has failed to pay financial obligations for any criminal offense other than those specified in subsection (1), in full or in part under a payment plan pursuant to s. 28.246(4), the department must suspend the license of the person named in the notice. The department shall mail an order of suspension in accordance with s. 322.251(1), (2), and (6), which must also contain information specifying that the person may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for fines, fees, service charges, and court costs.
(b) The department must reinstate the driving privilege when the clerk of the court provides an affidavit to the department stating that:
1. The person has satisfied the financial obligation in full or made all payments currently due under a payment plan;
2. The person has entered into a written agreement for payment of the financial obligation if not presently enrolled in a payment plan; or
3. A court has entered an order granting relief to the person ordering the reinstatement of the license.
(c) The department shall not be held liable for any license suspension resulting from the discharge of its duties under this section.
History.s. 20, ch. 84-359; s. 411, ch. 95-148; s. 9, ch. 95-222; s. 55, ch. 96-350; s. 50, ch. 96-413; s. 37, ch. 97-96; s. 2, ch. 97-206; s. 44, ch. 99-248; s. 102, ch. 2003-402; s. 64, ch. 2004-265; s. 34, ch. 2008-111; s. 55, ch. 2013-160; s. 19, ch. 2019-58; s. 12, ch. 2021-116.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 322.245 on Google Scholar

F.S. 322.245 on Casetext

Amendments to 322.245


Arrestable Offenses / Crimes under Fla. Stat. 322.245
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.245.


Civil Citations / Citable Offenses under S322.245
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 322.245.


Annotations, Discussions, Cases:

  1. Under § 322.245, when the Department receives notice that a person licensed to operate a motor vehicle in Florida has failed to pay financial obligations for a criminal offense, the Department must suspend his driver's license. Fla. Stat. § 322.245(5)(a). The Department is required to notify the individual of the suspension either by mail or personal delivery. Id. § 322.251(1). The suspension takes effect 20 days after the Department mails the notice. Id. § 322.251(2). Post-suspension review may be sought by filing a petition for writ of certiorari in the circuit court in the county in which the individual resides. Id. § 322.31. In addition, the Department must reinstate a person's driving privileges if the person provides an affidavit stating either that he entered into a written agreement for the payment of the financial obligation through a payment plan or that a court entered an order granting relief and ordering reinstatement of the license. Id. § 322.245(5)(b).
    PAGE 3
  2. State v. Wooden

    92 So. 3d 886 (Fla. Dist. Ct. App. 2012)   Cited 2 times
    2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);
    PAGE 888
  3. Anderson v. State

    48 So. 3d 1015 (Fla. Dist. Ct. App. 2010)   Cited 5 times
    Although not argued by the State, we note parenthetically that the exception to the presumption might not be applicable here in any event. It only applies when the suspension is for nonpayment of traffic fines or "a financial responsibility violation." We think the latter form of suspension refers to suspensions under Chapter 324, Florida Statutes, which is the chapter that pertains to "Financial Responsibility." Here the suspension was for an entirely different reason — failure to pay a court-ordered obligation under a payment plan pursuant to section 322.245(5)(a).
    PAGE 1019
  4. Borden v. State

    993 So. 2d 131 (Fla. Dist. Ct. App. 2008)   Cited 2 times
    Appellant's challenge in his three motions was to the potential suspension of his driver's license due to costs and fees imposed in his two felony cases, which have not been paid by him. Section 322.245(5)(a), Florida Statutes (2004) authorized this suspension for failure to pay any obligations in criminal cases. His challenges to the costs and fees relate to his indigent status now and not at the time they were imposed. Further, his challenge to the retroactive application of section 322.245(5)(a), Florida Statutes (2004) to his cases must fail in light of the authorities recognizing that driving is a privilege and not a right, which can be "taken away or encumbered as a means of meeting a legitimate legislative goal." See Lite v. State, 617 So.2d 1058, 1060 (Fla. 1993). Moreover, there is no ex post facto violation by application of the statute to his cases. See Lescher v. Florida Dep't of Highway Safety Motor Vehicles, 985 So.2d 1078 (Fla. 2008).
  5. AGO

    2001-32 (Ops. Fla. Atty. Gen. May. 8, 2001)
    In each of these cases, the statute itself provides directions to the clerk of court as to his or her duties in reinstating the driver's license or releasing the impounded vehicle. Section 322.24(8)(f), Florida Statutes, provides that "[w]hen the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle." Section 322.245(4), Florida Statutes, states that:
  6. Flanagan v. State

    267 So. 3d 1076 (Fla. Dist. Ct. App. 2019)
    Following Appellant's adjudication of guilt for trafficking in cocaine, possession of cocaine with intent to deliver, possession of paraphernalia, and violating a prior order of probation, she was sentenced to 41.1 months in prison and ordered to pay certain costs and fines. Pursuant to section 322.245(5)(a), Florida Statutes, Appellant's driver's license was suspended in September 2014 for failure to pay her fines and costs. Upon her release from prison, Appellant sought a payment plan for these outstanding fines and costs so she could seek reinstatement of her driver's license. On the authority of section 28.246(4), the clerk of the court for Escambia County enrolled Appellant in a plan requiring payment of $10 per month.
  7. Lite v. State

    617 So. 2d 1058 (Fla. 1993)   Cited 26 times
    Other Florida statutes provide for the revocation or suspension of a person's driver's license upon the commission or omission of an act not directly related to the use of a motor vehicle. See, e.g., §§ 324.051 and 324.121, Fla. Stat. (1989) (failure of automobile owner to have liability insurance even if owner is not involved in accident); § 322.26(5), Fla. Stat. (1989) (committing perjury related to the ownership of a motor vehicle); §§ 318.15 and 322.245, Fla. Stat. (1989) (failure to comply with traffic court's directives and civil penalties); § 322.0601, Fla. Stat. (1989) (failure to attend high school); § 322.274, Fla. Stat. (1989) (committing theft of parts or components of motor vehicle).
    PAGE 1060
  8. The statute also provided that notwithstanding the other provisions of Section 322.34, if a person's driver's license was suspended for “[f]ailing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1), ” upon a second or later conviction for the same offense of knowingly driving with a suspended license, that person committed a misdemeanor of the first degree. Fla. Stat. § 322.34(10)(a)-(b)
    PAGE 17
  9. Wyrick v. State

    50 So. 3d 674 (Fla. Dist. Ct. App. 2011)
    2. Failing to pay any other financial obligation as provided in s. 322.245. . . .;
    PAGE 676
  10. Gil v. State

    118 So. 3d 787 (Fla. 2013)   Cited 11 times
    A driver's license may also be suspended for non-traffic violations. See, e.g., § 322.245, Fla. Stat. (2012) (failure to pay child support).
    PAGE 795