F.S. 322.25 on Google Scholar

F.S. 322.25 on Casetext

Amendments to 322.25

The 2022 Florida Statutes

Chapter 322
View Entire Chapter
F.S. 322.25 Florida Statutes and Case Law
322.25 When court to forward license to department and report convictions.
(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 person so convicted, and the court shall thereupon forward the same, together with a record of such conviction, to the department.
(2) Every court having jurisdiction over offenses committed under this chapter, or any other law of this state regulating the operation of motor vehicles on highways, shall forward to the department a record of the conviction of any person in said court for a violation of any said laws, and shall suspend or revoke in accordance with the provisions of this chapter the driver license of the person so convicted.
(3) There shall be no notation made upon a license of either an arrest or warning until the holder of the license has been duly convicted or has forfeited bond.
(4) For the purpose of this chapter, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
(5) For the purpose of this chapter, the entrance of a plea of nolo contendere by the defendant to a charge of driving while intoxicated, driving under the influence, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offenses specified in s. 316.193, accepted by the court and under which plea the court has entered a fine or sentence, whether in this state or any other state or country, shall be equivalent to a conviction.
(6) The report of a judicial disposition of an offense committed under this chapter or of any traffic violation, including parking on a roadway outside the limits of a municipality, or of a violation of any law of this state regulating the operation of motor vehicles on highways shall be made by the court to the department on a standard form prescribed by the department. In addition, the court shall so report to the department any conviction of a person for felony possession of a controlled substance if such person was driving or in actual physical control of a motor vehicle at the time of such possession. The form shall be a copy of the uniform traffic citation and complaint as prescribed by s. 316.650 and shall include a place for the court to indicate clearly whether it recommends suspension or revocation of the offender’s driving privilege. The report shall be signed by the judge or by facsimile signature. The clerks of the court may submit disposition data to the department in an automated fashion, in a form prescribed by the department.
(7) Each clerk of court shall promptly report to the department each conviction, regardless of whether adjudication was withheld, for human trafficking which involves the use of a commercial motor vehicle.
History.s. 37, ch. 19551, 1939; CGL 1940 Supp. 4151(651); s. 37, ch. 20451, 1941; s. 1, ch. 59-313; s. 3, ch. 61-457; s. 8, ch. 72-175; ss. 1, 3, ch. 74-248; s. 40, ch. 76-31; s. 1, ch. 77-119; s. 22, ch. 78-394; s. 2, ch. 79-99; s. 5, ch. 80-316; s. 2, ch. 81-118; s. 203, ch. 81-259; s. 5, ch. 86-296; s. 44, ch. 89-282; s. 412, ch. 95-148; s. 41, ch. 95-333; s. 56, ch. 2013-160; s. 13, ch. 2021-187.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 322.25 on Google Scholar

F.S. 322.25 on Casetext

Amendments to 322.25

Arrestable Offenses / Crimes under Fla. Stat. 322.25
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.25.

Civil Citations / Citable Offenses under S322.25
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 322.25.

Annotations, Discussions, Cases:

  1. Keith v. Capers

    362 So. 2d 130 (Fla. Dist. Ct. App. 1978)   Cited 4 times
    is not applicable to a forfeiture of bail or collateral which occurs outside of the State of Florida. Respondent is not authorized to utilize and may not consider an out of state bond estreature as a `conviction' within the meaning of Florida Statute § 322.25(4), supra. Accordingly, respondent is ORDERED to remove all out of state bond estreatures from petitioner's driving record which respondent has heretofore considered a `conviction' within the meaning of Florida Statute § 322.25. Therefore, it is
  2. Rodgers v. State

    804 So. 2d 480 (Fla. Dist. Ct. App. 2001)   Cited 21 times
    See § 322.25(2), Fla. Stat. (2000) ("Every court having jurisdiction over offenses committed under this chapter, or any other law of this state regulating the operation of motor vehicles on highways, shall forward to the department a record of the conviction of any person in said court for a violation of any said laws. . . .").
    PAGE 483
  3. Smith v. City of Gainesville

    93 So. 2d 105 (Fla. 1957)   Cited 37 times
    The point for our determination is the constitutionality of Section 322.25(2), Florida Statutes, F.S.A., which authorizes municipal courts to revoke automobile drivers' licenses under certain circumstances.
  4. In re Parker

    CIVIL ACTION NO. 1:07cv737-MHT (WO) (M.D. Ala. Sep. 10, 2008)   Cited 4 times

    15.58 hrs. × $ 75/hr. 1,162.50 Expense Envelopes 1.50 Postage 3.30 Photocopying 66.00 Depositions 322.25 TOTAL $12,791.45 First Southeast argues that the rates charged by Poston and Brockton are excessive

  5. Schlier v. Rice

    NO. 3:04-CV-1863 (M.D. Pa. Dec. 22, 2009)   Cited 7 times
    Defendants also contend that the hours expended by Plaintiffs' counsel were excessive. Defendants seek to have 1) the time spent drafting the complaint reduced from 102.15 hours to 30 hours, 2) the hours spent conducting discovery-related tasks cut in half, 3) a subtraction of 66.50 hours from the time spent conducting depositions, 4) the time spent on preliminary injunctions reduced from 150 hours to 70 hours, 5) the trial preparation time reduced from 1,174.18 hours to 500 hours, 6) the hours spent on post-trial motions reduced from 322.25 hours to 100 hours, and 7) a reduction of $3,800 for miscellaneous non-professional task billed to Plaintiffs. In total, Defendants are seeking to have approximately 1,750.08 billable hours discounted, leaving 2,873.15 billable hours. Assuming, without deciding, that Defendants are correct, and applying lowest hourly rate to remaining billable hours (Mr. Sweeney's $170 per hour), there would still be approximately $488,410.00 in attorneys fees remaining. Therefore, even if the Court were to assume that Defendants were entitled to all the fee reductions they requested for excessive hours, the lodestar figure would be well above the…
    PAGE 12
  6. Goldschmitt v. State

    490 So. 2d 123 (Fla. Dist. Ct. App. 1986)   Cited 10 times
    The record before us affords some degree of confusion whether the bumper sticker is intended as a condition of probation, or as a condition of obtaining the work permit authorized by section 322.282, Florida Statutes (1985). If Goldschmitt had not desired to drive on a restricted basis during the period of suspension of his license pursuant to section 322.28(2)(a)(1), Florida Statutes (1985), the trial court apparently would not have included the bumper-sticker condition in the order of probation. However, this may be a distinction without a difference. The bumper sticker is entirely useless unless Goldschmitt plans to drive. Furthermore, we find no statutory impediment to the requirement of some reasonable quid pro quo for the award of a work permit. Rather, this seems to be left to the discretion of the sentencing court. §§ 322.25(7) and 322.261(5), Fla. Stat. (1985).
  7. Conner v. Mid South Insurance Agency

    943 F. Supp. 663 (W.D. La. 1996)   Cited 11 times
    Telephone/fax $ 699.46 Copies $ 2,386.31 Postage $ 349.63 Courier/delivery $ 322.25 Court reporter $ 5,870.87 Mileage $ 269.46 Other travel $ 660.67 Server/sheriff $ 195.00 Research (non attorney) $ 284.00 Expert fees $16,456.67
    PAGE 671
  8. State, Dept. of Hwy. Safety v. Bell

    505 So. 2d 472 (Fla. Dist. Ct. App. 1987)   Cited 2 times
    We also distinguish Vogt as involving a different mechanism for license suspension than does the present case. Essentially, there are three different methods by which this suspension procedure may be set into motion. First, the mandatory suspension which follows a conviction for driving under the influence of alcohol or certain other enumerated offenses or upon an adjudication of incompetency is dependent upon prior judicial action, namely, a conviction or adjudication in a court of law. Whenever a person is convicted of any offense requiring a mandatory license suspension or is adjudicated incompetent, the court wherein the conviction or adjudication takes place must require the surrender of the defendant's license and forward it to the Department along with a record of the conviction. §§ 322.25(1), 322.2505, 322.26, Fla. Stat. (1985).
    PAGE 474
  9. Jardon v. Pfister

    593 S.W.3d 810 (Tex. App. 2019)   Cited 34 times
    Exhibit P-3 and P-4 differ when comparing the total hours shown for attorney Minor and his paralegal (P-3: 278 total hours for attorney Minor and 163.25 total hours for his paralegal) (P-4: 322.25 total hours for Minor and 192.75 total hours for his paralegal). On cross-examination, when Minor was asked for a breakdown of the time, he responded: "Don't need one. Don't have one."
    PAGE 841