The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.25

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.

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.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RODGERS, v. STATE, 804 So. 2d 480 (Fla. Dist. Ct. App. 2001)

. . . See § 322.25(2), Fla. . . .

J. CONNER, v. MID SOUTH INSURANCE AGENCY, INC., 943 F. Supp. 663 (W.D. La. 1996)

. . . attorney expenses as follows: Telephone/fax $ 699.46 Copies $ 2,386.31 Postage $ 349.63 Courier/delivery $ 322.25 . . .

ANDERSON, E. C. L. v. WHITTAKER CORPORATION, a a d b a Co. a d b a WHITTAKER CORPORATION, v. C. BOLES,, 692 F. Supp. 764 (W.D. Mich. 1988)

. . . , the Court’s calculations yield the following results: for decedent Brower, past earnings of $224,-322.25 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BELL,, 505 So. 2d 472 (Fla. Dist. Ct. App. 1987)

. . . . §§ 322.25(1), 322.2505, 322.26, Fla.Stat. (1985). . . .

SANCHEZ v. STATE OF FLORIDA, 21 Fla. Supp. 2d 175 (Fla. Cir. Ct. 1987)

. . . . § 322.25(2)(1983). Moreland v. State, 442 So.2d 1002 (Fla. 2d DCA 1984). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. VOGT,, 489 So. 2d 1168 (Fla. Dist. Ct. App. 1986)

. . . In that case the court considered a constitutional challenge to the statutory provision in section 322.25 . . . That same provision appears today in section 322.25(2), Florida Statutes (1985). . . .

GOLDSCHMITT, v. STATE, 490 So. 2d 123 (Fla. Dist. Ct. App. 1986)

. . . . §§ 322.25(7) and 322.261(5), Fla.Stat. (1985). . . . .

In TRANSIT HOMES, INC. TRANSIT HOMES, INC. v. SOUTH CAROLINA NATIONAL BANK,, 57 B.R. 40 (Bankr. D.S.C. 1985)

. . . debtor’s original schedules (filed in this Chapter 11 case) listed the debtor’s total assets as $845,-322.25 . . . The debtor’s schedules, in other places, show the total assets as $844,-322.25 and the total liabilities . . .

C. W. KEITH, v. CAPERS,, 362 So. 2d 130 (Fla. Dist. Ct. App. 1978)

. . . revocation dated May 15,1977, effective June 4, 1977 ... it is, ORDERED AND ADJUDGED that Florida Statute § 322.25 . . . consider an out of state bond estreature as a ‘conviction’ within the meaning of Florida Statute § 322.25 . . . record which respondent has heretofore considered a ‘conviction’ within the meaning of Florida Statute § 322.25 . . .

JONES, v. H. N. KIRKMAN,, 138 So. 2d 513 (Fla. 1962)

. . . Section 322.25, Florida Statutes, F.S.A., specifically classifies a bond forfeiture as a “conviction” . . .

SMITH, v. CITY OF GAINESVILLE,, 93 So. 2d 105 (Fla. 1957)

. . . The point for our determination is the constitutionality of Section 322.25(2), Florida Státutes, F.S.A . . . Petitioner contends that Section 322.25 (2), Florida Statutes, F.S.A., violates Article V, Section 34 . . .

HERMAN BARTELS v. THE STATE OF FLORIDA, 156 Fla. 535 (Fla. 1945)

. . . this case, but the court was compelled to so order by the language of the second paragraph of Section 322.25 . . .

KINGMAN CO. v. STODDARD, 85 F. 740 (7th Cir. 1898)

. . . The face value of the notes held by the Stoddard Manufacturing Company amounted to $115,-322.25. . . .