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Florida Statute 322.26 | Lawyer Caselaw & Research
F.S. 322.26 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.26

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.26
322.26 Mandatory revocation of license by department.The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person’s conviction of any of the following offenses:
(1)(a) Murder resulting from the operation of a motor vehicle, DUI manslaughter where the conviction represents a subsequent DUI-related conviction, or a fourth violation of s. 316.193 or former s. 316.1931. For such cases, the revocation of the driver license or driving privilege shall be permanent.
(b) Manslaughter resulting from the operation of a motor vehicle.
(2) Driving a motor vehicle or being in actual physical control thereof, or entering a plea of nolo contendere, said plea being accepted by the court and said court entering a fine or sentence to a charge of driving, while under the influence of alcoholic beverages or a substance controlled under chapter 893, or being in actual physical control of a motor vehicle while under the influence of alcoholic beverages or a substance controlled under chapter 893. In any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses, the revocation of the license or driving privilege shall be permanent, except as provided for in s. 322.271(4).
(3) Any felony in the commission of which a motor vehicle is used.
(4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another.
(5) Perjury or the making of a false affidavit or statement under oath to the department under this law, or under any other law relating to the ownership or operation of motor vehicles.
(6) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(7) Any violation of the law against lewdness, assignation, and prostitution where such violation has been effected through the use of a motor vehicle.
(8) Conviction in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the revocation of the licensee’s driving privilege.
(9) Conviction in any court having jurisdiction over offenses committed under s. 817.234(8) or (9) or s. 817.505.
History.s. 38, ch. 19551, 1939; CGL 1940 Supp. 4151(652); s. 38, ch. 20451, 1941; s. 1, ch. 21764, 1943; s. 4, ch. 61-457; s. 2, ch. 65-124; s. 20, ch. 73-331; s. 1, ch. 77-119; s. 2, ch. 78-204; s. 46, ch. 89-282; s. 6, ch. 96-330; s. 8, ch. 98-223; s. 290, ch. 99-248; s. 3, ch. 2006-305.

F.S. 322.26 on Google Scholar

F.S. 322.26 on Casetext

Amendments to 322.26


Arrestable Offenses / Crimes under Fla. Stat. 322.26
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.26.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. MILLER,, 193 So. 3d 1001 (Fla. Dist. Ct. App. 2016)

. . . driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . license] [driving privilege] was [suspended] [revoked] [canceled] pursuant to Florida Statute [316.655] [322.26 . . .

SILHA, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES OF STATE OF FLORIDA, L. T. N., 109 So. 3d 820 (Fla. Dist. Ct. App. 2013)

. . . Section 322.26(l)(a), Florida Statutes (1999), which the trial court also cited in its order, provides . . . of the following offenses: ... a fourth violation of s. 316.193 [DUI]-” A revocation under section 322.26 . . .

CRAIN, v. STATE, 79 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . For example, an unlicensed driver would lose her driving privilege under section 322.26, Florida Statutes . . . driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CRANE,, 10 So. 3d 182 (Fla. Dist. Ct. App. 2009)

. . . -1171 (Fla. 2d DCA 1986) (“[T]he revocation of a driver’s license, which is mandatory under section 322.26 . . .

ANDERSON, v. STATE, 890 So. 2d 428 (Fla. Dist. Ct. App. 2004)

. . . The judgment erroneously cites to section “322.26 or 28,” when the correct statutory citation for the . . .

LIPOVSKY, v. STATE, 854 So. 2d 707 (Fla. Dist. Ct. App. 2003)

. . . driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

G. WEBER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 845 So. 2d 300 (Fla. Dist. Ct. App. 2003)

. . . Pursuant to section 322.26(l)(a), Florida Statutes (1998 Supp.), the Department of Highway Safety and . . .

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

. . . Section 8 amends section 322.26, Florida Statutes which deals with mandatory revocation of driver’s licenses . . .

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

. . . which makes it unlawful to drive after one’s license has been permanently revoked pursuant to sections 322.26 . . . a]ny person whose driver’s license or driving privilege has been permanently revoked pursuant to s. 322.26 . . .

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

. . . person whose driver’s license or driving privilege has been permanently revoked pursuant to section 322.26 . . .

WEBB, v. STATE, 816 So. 2d 1190 (Fla. Dist. Ct. App. 2002)

. . . Any person whose driver’s license or driving privilege has been permanently revoked pursuant to s. 322.26 . . . Section 322.26(l)(a) provides for the permanent revocation of a driver’s license in cases involving [ . . . Thus, a DUI manslaughter conviction sufficient to permanently revoke a license under section 322.26(l . . . See § 322.26(l)(a), Fla. Stat. (2000). . . . Section 322.26(2), Florida Statutes (2000), also provides for a permanent revocation of a driver's license . . .

BLAKE, v. STATE, 814 So. 2d 1163 (Fla. Dist. Ct. App. 2002)

. . . holding that trial court lacked jurisdiction to suspend defendant’s driver’s license); §§ 316.027(2) and 322.26 . . .

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

. . . Section 8 amends section 322.26, Florida Statutes which deals with mandatory revocation of driver’s licenses . . .

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

. . . Vic-hich’s driver’s license based upon the legislative mandate in sections 322.26(l)(a) and 322.28(2) . . . Sections 322.26(l)(a) and 322.28(2), (3) require the DHSMV to permanently revoke a driver’s license when . . .

SIMMONS, v. STATE, 767 So. 2d 666 (Fla. Dist. Ct. App. 2000)

. . . Section 322.26, Florida Statutes authorizes a license revocation by the Department of Highway Safety . . .

BROWN, v. STATE, 760 So. 2d 1113 (Fla. Dist. Ct. App. 2000)

. . . driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

LARCHER, v. DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, STATE OF FLORIDA,, 736 So. 2d 1249 (Fla. Dist. Ct. App. 1999)

. . . conviction, sent defendant an order of license revocation, suspension or cancellation pursuant to section 322.26 . . . Degrossi noted that section 322.26(2) imposes a duty upon the Department to suspend the driver’s license . . . petitioners’ licenses were suspended automatically by operation of law by the Department, pursuant to section 322.26 . . . license therein was not suspended automatically as the result of a DUI conviction pursuant to section 322.26 . . .

WAITES, v. STATE, 702 So. 2d 1373 (Fla. Dist. Ct. App. 1997)

. . . driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . . canceled, or revoked pursuant to sections 316.655 (suspension due to conviction of traffic offenses), 322.26 . . .

LEWEK, v. STATE, 702 So. 2d 527 (Fla. Dist. Ct. App. 1997)

. . . Smith, 638 So.2d 509 (Fla.1994); see also §§ 316.655, 322.26(8), 322.27(2), 322.28(2), 322.28(5), Fla . . .

STATE v. D. HARVEY,, 693 So. 2d 1009 (Fla. Dist. Ct. App. 1997)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.26⅛ . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DEGROSSI,, 680 So. 2d 1093 (Fla. Dist. Ct. App. 1996)

. . . Department”) sent Degrossi an order of license revocation, suspension or cancellation, pursuant to Section 322.26 . . . In response to this threat, the legislature enacted Section 322.26(2) which imposes a duty upon the Department . . . highways which is a violation of this chapter-” De-grossi contends “conviction” as used in Sections 322.26 . . . Because Sections 322.26(2) and 322.28(6) must be construed in accordance with the legislative intent . . .

CANAL INSURANCE COMPANY, v. REED, CANAL INSURANCE COMPANY, v. YORK,, 680 So. 2d 486 (Fla. Dist. Ct. App. 1996)

. . . following a DUI conviction: Upon the suspension or revocation of a license pursuant to the provisions of s. 322.26 . . .

STATE v. N. SMITH,, 638 So. 2d 509 (Fla. 1994)

. . . Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . . canceled, or revoked pursuant to sections 316.655 (suspension due to conviction of traffic offenses), 322.26 . . .

BOUTWELL, v. STATE, 631 So. 2d 1094 (Fla. 1994)

. . . Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

STATE v. N. SMITH,, 624 So. 2d 355 (Fla. Dist. Ct. App. 1993)

. . . Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

COOPER, v. STATE, 621 So. 2d 729 (Fla. Dist. Ct. App. 1993)

. . . Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26 . . .

LITE, v. STATE, 617 So. 2d 1058 (Fla. 1993)

. . . failure of automobile owner to have liability insurance even if owner is not involved in accident); § 322.26 . . .

SCHOTTEL, v. STATE, 590 So. 2d 486 (Fla. Dist. Ct. App. 1991)

. . . The state argues that section 322.26(3), Florida Statutes (1989) authorizes the trial court to request . . . Pursuant to section 322.26(3), Florida Statutes (1989), the trial court may forward a driver’s record . . . .2d 732 (Fla. 2d DCA 1990) (burglary of automobile conviction does not support application of section 322.26 . . . See §§ 322.26(8), 322.274, Fla.Stat. (1989). . . . operator’s record of conviction of ”[a]ny felony in the commission of which a motor vehicle is used.” § 322.26 . . .

H. MORRIS, Jr. v. STATE, 590 So. 2d 468 (Fla. Dist. Ct. App. 1991)

. . . We remand this case to the trial court for further proceedings in compliance with section 322.26, Florida . . .

HOPE, v. STATE, 588 So. 2d 255 (Fla. Dist. Ct. App. 1991)

. . . REVOCATION OF DRIVER’S LICENSE Section 322.26(3), Florida Statutes, provides that the Department of Highway . . . thus authorizing the court to revoke under 322.28(2)(a) and (e) and the Department to revoke under 322.26 . . .

VINYARD, v. STATE, 586 So. 2d 1301 (Fla. Dist. Ct. App. 1991)

. . . State, 547 So.2d 1062 (Fla. 2d DCA 1989); § 322.26(3), Fla.Stat. (1987). . . .

S. STUART, v. STATE, 579 So. 2d 864 (Fla. Dist. Ct. App. 1991)

. . . See § 322.26(3), Fla.Stat. (1987); Hughes v. State, 578 So.2d 50 (Fla. 2d DCA 1991); Mandile v. . . . We remand to the trial court for further proceedings in compliance with section 322.26(3). . . .

HUGHES, v. STATE, 578 So. 2d 50 (Fla. Dist. Ct. App. 1991)

. . . State, 547 So.2d 1062 (Fla. 2d DCA 1989); § 322.26(3), Fla.Stat. (1987). . . . We remand these cases to the trial court for further proceedings in compliance with section 322.26, Florida . . .

VACHRIS, v. STATE, 573 So. 2d 445 (Fla. Dist. Ct. App. 1991)

. . . Highway Safety and Motor Vehicles which must revoke the driving privileges pursuant to Florida Statutes 322.26 . . .

TRANSTECHNOLOGY CORPORATION, SPACE ORDNANCE SYSTEMS DIVISION, v. UNITED STATES,, 22 Cl. Ct. 349 (Cl. Ct. 1990)

. . . S & S for x-ray labor amounts to $14.08 and for transportation $322.26. . . .

STATE OF FLORIDA v. GODDU, 42 Fla. Supp. 2d 222 (Volusia Cty. Ct. 1990)

. . . regarded as punishment but is na administrative remedy for the public protection that mandatorily (See § 322.26 . . . Such suspensions are mandatory by virtue of § 322.26 Fla. Stat. . . .

DOUGLAS, v. STATE, 559 So. 2d 732 (Fla. Dist. Ct. App. 1990)

. . . See §§ 322.26(3), 322.26(8), 322.274, Fla.Stat. (1987). . . .

HUBBARD, v. STATE, 559 So. 2d 416 (Fla. Dist. Ct. App. 1990)

. . . That statute provides: 322.26 Mandatory revocation of license by department. — The department shall forthwith . . .

FERRIS, v. STATE, 558 So. 2d 179 (Fla. Dist. Ct. App. 1990)

. . . However, both sections 316.027(3) and 322.26(4), Florida Statutes (1987) require that the Department . . .

SPERA, v. STATE, 556 So. 2d 487 (Fla. Dist. Ct. App. 1990)

. . . See § 322.26(3), Fla.Stat. (1987) and Mandile v. State, 547 So.2d 1062 (Fla. 2d DCA 1989). . . . commission of a felony in which a motor vehicle was used is covered by section 377.-27(l)(a) and section 322.26 . . .

WATSON, v. STATE, 556 So. 2d 489 (Fla. Dist. Ct. App. 1990)

. . . , however, that the felonies involved the use of a motor vehicle in which case, pursuant to section 322.26 . . . We, thus, find section 322.26(3), Florida Statutes (1987) not applicable to this case. . . .

VACHRIS, v. STATE, 553 So. 2d 375 (Fla. Dist. Ct. App. 1989)

. . . Highway Safety and Motor Vehicles which must revoke the driving privilege pursuant to Florida Statute 322.26 . . . portion of Vachris’ sentence suspending his driver’s license, and remand for compliance with section 322.26 . . .

MANDILE, v. STATE, 547 So. 2d 1062 (Fla. Dist. Ct. App. 1989)

. . . . § 322.26(3), Fla. Stat. (1987). . . . We remand the case to the trial court for further proceedings in compliance with section 322.26. . . . The statute provides the following: 322.26 Mandatory revocation of license by department. — The department . . .

STATE OF FLORIDA v. TURNER, 28 Fla. Supp. 2d 110 (Volusia Cty. Ct. 1988)

. . . The determinative issues in an implied consent hearing are listed in § 322.26 l(3)(a-d). . . .

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). . . . See, e.g., § 322.26(3) and (4), Fla.Stat. (1985). . . .

STATE OF FLORIDA v. HARTMAN, 20 Fla. Supp. 2d 97 (Volusia Cty. Ct. 1986)

. . . case is the recognition that the revocation of a driver’s license, which is mandatory under Section 322.26 . . .

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

. . . case is the recognition that the revocation of a driver’s license, which is mandatory under section 322.26 . . .

STATE OF FLORIDA v. FARR, 14 Fla. Supp. 2d 85 (Orange Cty. Ct. 1985)

. . . Is the issue defined by Florida Statute 322.26 l(3)(c) a question of “willful refusal” or a question . . .

STATE v. A. NAUGHTON,, 395 So. 2d 581 (Fla. Dist. Ct. App. 1981)

. . . There is nothing in the statute, section 322.26, Florida Statutes (1977), which requires that a person . . .

CROSSWHITE v. UNITED STATES, 438 F. Supp. 368 (D. Or. 1977)

. . . They then brought this action to recover $2,069.00 in deficiency tax, $322.26 in assessed interest, and . . .

W. INGRAM, v. PETTIT, Jr., 340 So. 2d 922 (Fla. 1976)

. . . Section 322.26, Fla.Stat. (1973). . . .

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

. . . Section 322.26, Florida Statutes, F.S.A. . . .

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

. . . by the language of the second paragraph of Section 322.25 when construed in connection with Section 322.26 . . .