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Florida Statute 322.251 | Lawyer Caselaw & Research
F.S. 322.251 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.251

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.251
322.251 Notice of cancellation, suspension, revocation, or disqualification of license.
(1) All orders of cancellation, suspension, revocation, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss. 627.732-627.734 shall be given either by personal delivery thereof to the licensee whose license is being canceled, suspended, revoked, or disqualified or by deposit in the United States mail in an envelope, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department. Such mailing by the department constitutes notification, and any failure by the person to receive the mailed order will not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee’s driving privilege.
(2) The giving of notice and an order of cancellation, suspension, revocation, or disqualification by mail is complete upon expiration of 20 days after deposit in the United States mail for all notices except those issued under chapter 324 or ss. 627.732–627.734, which are complete 15 days after deposit in the United States mail. Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either manner shall be made by entry in the records of the department that such notice was given. The entry is admissible in the courts of this state and constitutes sufficient proof that such notice was given.
(3) Whenever the driving privilege is suspended, revoked, or disqualified under the provisions of this chapter, the period of such suspension, revocation, or disqualification shall be indicated on the order of suspension, revocation, or disqualification, and the department shall require the licensee whose driving privilege is suspended, revoked, or disqualified to surrender all licenses then held by him or her to the department. However, should the person fail to surrender such licenses, the suspension, revocation, or disqualification period shall not expire until a period identical to the period for which the driving privilege was suspended, revoked, or disqualified has expired after the date of surrender of the licenses, or the date an affidavit swearing such licenses are lost has been filed with the department. In any instance where the suspension, revocation, or disqualification order is mailed as provided herein, and the license is not surrendered to the department, and such license thereafter expires, the department shall not renew that license until a period of time identical to the period of such suspension, revocation, or disqualification imposed has expired.
(4) A person whose privilege to operate a commercial motor vehicle is temporarily disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, valid for the length of his or her unexpired commercial driver license, at no cost. Such person may, upon the completion of his or her disqualification, be issued a commercial driver license, of the type disqualified, for the remainder of his or her unexpired license period. Any such person shall pay the reinstatement fee provided in s. 322.21 before being issued a commercial driver license.
(5) A person whose privilege to operate a commercial motor vehicle is permanently disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, if he or she is otherwise qualified to receive such license. Any such person shall be issued a Class E license, valid for the remainder of his or her unexpired license period, at no cost.
(6) Whenever a cancellation, suspension, revocation, or disqualification occurs, the department shall enter the cancellation, suspension, revocation, or disqualification order on the licensee’s driver file 20 days after the notice was actually placed in the mail. Any inquiry into the file after the 20-day period shall reveal that the license is canceled, suspended, revoked, or disqualified and whether the license has been received by the department.
(7)(a) A person whose driving privilege is suspended or revoked pursuant to s. 832.09 shall be notified, pursuant to this section, and the notification shall direct the person to surrender himself or herself to the sheriff who entered the warrant to satisfy the conditions of the warrant. A person whose driving privilege is suspended or revoked under this subsection shall not have his or her driving privilege reinstated for any reason other than:
1. Full payment of any restitution, court costs, and fees incurred as a result of a warrant or capias being issued pursuant to s. 832.09;
2. The cancellation of the warrant or capias from the Department of Law Enforcement recorded by the entering agency; and
3. The payment of an additional fee of $10 to the Department of Highway Safety and Motor Vehicles to be paid into the Highway Safety Operating Trust Fund; or
4. The department has modified the suspension or revocation of the license pursuant to s. 322.271 restoring the driving privilege solely for business or employment purposes.
(b) The Department of Law Enforcement shall provide electronic access to the department for the purpose of identifying any person who is the subject of an outstanding warrant or capias for passing worthless bank checks.
History.s. 5, ch. 59-278; ss. 24, 35, ch. 69-106; s. 1, ch. 78-37; s. 1, ch. 80-158; s. 1, ch. 82-20; s. 561, ch. 82-243; s. 1, ch. 84-265; s. 20, ch. 89-282; s. 413, ch. 95-148; s. 3, ch. 98-223; s. 5, ch. 2003-410; s. 84, ch. 2005-164; s. 81, ch. 2010-102; s. 57, ch. 2012-181.

F.S. 322.251 on Google Scholar

F.S. 322.251 on Casetext

Amendments to 322.251


Arrestable Offenses / Crimes under Fla. Stat. 322.251
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.251.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 231 So. 3d 384 (Fla. 2017)

. . . See § 322.251(1), (2), and§ 322.34,(2), (3),(4), Fla. Stat. . . . See § 322.34(2) and § 322.251(1), (2), Fla. Stat. . . . privately owned parking lot, that is open to public use by vehicles, is considered to be a highway.] § 322.251 . . . NO, No Valid Driver’s • License 322.03 28.9 Attempt 777.04(1) 5.1 Comments Pursuant to § 322.251(1), . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . See § 322.251(1), (2), and § 322M(2), (3), (k), Fla. . . . See § 322M(2) md § 322.251(1), (2), Fla. Stat. . . . or place if any part thereof is open to the use of the public for purposes of vehicular traffic. § 322.251 . . . operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. § 322.251 . . .

STATE v. WOODEN,, 92 So. 3d 886 (Fla. Dist. Ct. App. 2012)

. . . such person effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251 . . .

ANDERSON, v. STATE, 87 So. 3d 774 (Fla. 2012)

. . . In reaching its decision, the Fifth District construed sections 322.34 and 322.251(1) together. . . . It explained that section 322.251(1) outlines the manner in which a notice of suspension is provided, . . . It also stated that section 322.251(1) permits notice either in person or by mail. See id. . . . Section 322.251(1), which concerns the same subject matter as section 322.34 — i.e., driving while a . . . See § 322.251(1). The first mechanism is to provide the notice “by personal delivery.” Id. . . .

ANDERSON, v. STATE, 48 So. 3d 1015 (Fla. Dist. Ct. App. 2010)

. . . Appellant makes no mention of section 322.251(2) in her brief. . . . The manner of providing notice for this type of suspension order is contained in section 322.251. . . . Section 322.251(1) directs that service be by either personal delivery or mail. . . . Section 322.251(2) sets forth the effect of mail service, providing that record entry that notice was . . . Thus, to conclude otherwise would render the entirety of section 322.251(2) meaningless. . . .

K. SWEETING, v. STATE, 46 So. 3d 1217 (Fla. Dist. Ct. App. 2010)

. . . appellant could be convicted for driving with a suspended license, we would refer the parties to section 322.251 . . . licenses, or the date an affidavit swearing such licenses are lost has been filed with the department.” § 322.251 . . .

TURNER a k a v. STATE, 29 So. 3d 361 (Fla. Dist. Ct. App. 2010)

. . . admitted into evidence, shows that notice of the suspension was sent to Turner pursuant to section 322.251 . . .

V. HAYGOOD, v. STATE, 17 So. 3d 894 (Fla. Dist. Ct. App. 2009)

. . . The driving record also provided that the statutory notice required by section 322.251, Florida Statutes . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES No., 958 So. 2d 361 (Fla. 2007)

. . . See § 322.251(1), (2), and § S22M&), (3), (If), Fla. Stat. . . . See § 322.3⅛(2) and § 322.251(1), (2), Fla. Stat. . . . when if any part thereof is open to the use of the public for purposes of vehicular travel traffic. § 322.251 . . . operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.251 . . .

WEATHERS, v. STATE, 937 So. 2d 1132 (Fla. Dist. Ct. App. 2006)

. . . Entry Description 7/10/97 Rev-5 Years Habitual Traffic Offender 6/20/97 6/20/97 Notice required by s. 322.251 . . .

CARD, v. STATE, 927 So. 2d 200 (Fla. Dist. Ct. App. 2006)

. . . terminal device of a court or clerk of court, entry in a, driver’s record that the notice required by s. 322.251 . . .

SORRELL, v. STATE, 855 So. 2d 1253 (Fla. Dist. Ct. App. 2003)

. . . Notice of the revocation was established pursuant to section 322.251(2), Florida Statutes (2001). . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 842 So. 2d 782 (Fla. 2003)

. . . are related in that section 832.09 provides for suspension of drivers’ licenses pursuant to section 322.251 . . . Section 3 creates section 322.251, Florida Statutes to provide for notice to a licensee whose driving . . .

STATE v. MILLER,, 830 So. 2d 214 (Fla. Dist. Ct. App. 2002)

. . . Further, in both instances the department is obliged by section 322.251 to give notice of the revocation . . . of the giving of the notice in the .DMV’s records is sufficient proof that the notice was given. § 322.251 . . .

SAWYER, v. STATE, 819 So. 2d 966 (Fla. Dist. Ct. App. 2002)

. . . appear is issued by the court shall have his or her driver’s license suspended or revoked pursuant to s. 322.251 . . . Section 3 of Chapter 98-223, which became section 322.251, provides details as to notice and other matters . . . Chapter 322, our driver’s license statute, provides in section 322.251(7)(a)(l) that a driver’s license . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 805 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

. . . Section 3 creates section 322.251, Florida Statues to provide for notice to a licensee whose driving . . .

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

. . . As to the second element, the one requiring notice of the revocation, section 322.251(2) provides: “Proof . . . State, 763 So.2d 285 (Fla.2000). . § 322.251(2), Fla. Stat. (2000). . . . See § 322.251(6), Fla. . . . (d) Driving a motor vehicle while his or her license is suspended or revoked....”). .See § 322.251(3) . . .

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

. . . Although it revoked the license and did not suspend it, the DHSMV presumably based its actions on sections 322.251 . . . Section 322.251 requires the DHSMV to provide the licensee notice of any cancellation, suspension, revocation . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DAVIS, Jr., 775 So. 2d 989 (Fla. Dist. Ct. App. 2000)

. . . Section 322.251 prescribes the notice requirements for such orders. . . .

BROWN, v. STATE, 764 So. 2d 741 (Fla. Dist. Ct. App. 2000)

. . . that there was evidence that the notice of suspension was mailed to him, as is required by section 322.251 . . . State establish that it had provided the defendant notice of the revocation as required by section 322.251 . . . knowledge of the suspension, leaving the State to prove only that the notice requirement of section 322.251 . . .

FIELDS, v. STATE, 731 So. 2d 753 (Fla. Dist. Ct. App. 1999)

. . . . § 322.251(1X2), Fla. Stat. (1997). . . . Under section 322.251(1), the legislature appears to have determined that proper mailing is conclusive . . .

RIDGEWAY, v. STATE, 712 So. 2d 433 (Fla. Dist. Ct. App. 1998)

. . . of Appellant’s community control because his certified driving record, in combination with sections 322.251 . . .

MITCHELL, v. STATE, 704 So. 2d 1155 (Fla. Dist. Ct. App. 1998)

. . . See §§ 322.251, 322.2651, Fla. . . .

STATE OF FLORIDA v. CONNOLLY, 28 Fla. Supp. 2d 130 (Fla. Cir. Ct. 1988)

. . . S. 322.251. . . .

McCRACKEN v. STATE OF FLORIDA, 14 Fla. Supp. 2d 80 (Fla. Cir. Ct. 1985)

. . . court or clerk of court terminal device, entry in a driver’s record that the notice required by S. 322.251 . . .

STATE OF FLORIDA v. CONNOLLY, 13 Fla. Supp. 2d 61 (Broward Cty. Ct. 1985)

. . . record with the notation thereon that notice of the suspension was given by certified mail, see Sections 322.251 . . .

STATE v. FALCON, 48 Fla. Supp. 195 (Dade Cty. Ct. 1979)

. . . to the defendant in this case was defective in that it did not include the affidavit required by F.S.322.251 . . . licenses are being cancelled, suspended or revoked is now required by the 1978 amended Florida Statute 322.251 . . . Compare 322.251 (1977) which only required notice if otherwise required in Chapter 322. . . . F.S. 322.251 (1978). . . .

KNAP v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 46 Fla. Supp. 116 (Dade Cty. Cir. Ct. 1977)

. . . The department mailed the order of July 2, 1975, by certified mail pursuant to Florida Statute 322.251 . . . Stat. §322.27(2) (c) (1975) and §322.251 (1975), the effect of a suspension is not affected by the failure . . .