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Florida Statute 322.264 | Lawyer Caselaw & Research
F.S. 322.264 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.264

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.264
322.264 “Habitual traffic offender” defined.A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing 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; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).

Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

History.s. 2, ch. 72-175; s. 21, ch. 73-331; s. 4, ch. 74-384; s. 8, ch. 84-359; s. 21, ch. 86-296; s. 21, ch. 89-282; ss. 11, 21, ch. 91-255; s. 13, ch. 97-96; s. 291, ch. 99-248.

F.S. 322.264 on Google Scholar

F.S. 322.264 on Casetext

Amendments to 322.264


Arrestable Offenses / Crimes under Fla. Stat. 322.264
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.264.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FUNDERBURK, v. STATE, 264 So. 3d 980 (Fla. App. Ct. 2019)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

FLOYD, v. STATE, 259 So. 3d 937 (Fla. App. Ct. 2018)

. . . See § 322.264, Fla. Stat. (2014). . . . "Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264 . . .

E. MYERS, v. STATE, 247 So. 3d 78 (Fla. App. Ct. 2018)

. . . habitual traffic offender to drive when his or her driver's license has been revoked pursuant to section 322.264 . . .

WILLIAMS, III, v. STATE, 244 So. 3d 356 (Fla. App. Ct. 2018)

. . . privilege has been canceled, suspended, or revoked, except a "habitual traffic offender" as defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . temporary withdrawal of a licensee's privilege to drive a motor vehicle") (emphases added); see also § 322.264 . . . based on convictions for driving while his driving privilege was suspended or revoked, whereas section 322.264 . . . Section 322.34(5) provides that "[a]ny person whose driver license has been revoked pursuant to s. 322.264 . . .

STATE v. MILLER,, 227 So. 3d 562 (Fla. 2017)

. . . for “habitual traffic offenders” who drive with a driver license that has been revoked under section 322.264 . . . Statutes, provides the following:' Any person whose driver license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes, defines a habitual traffic offender as a person who has accumulated . . . Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264 . . . Section 322.264, Florida Statutes, provides the following: "Habitual traffic offender” defined. . . .

FINNEY, v. STATE, 219 So. 3d 254 (Fla. Dist. Ct. App. 2017)

. . . charged under section 322.34(2)(c) because he was a “habitual traffic offender” as defined in section 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except, persons defined in s. 322.264 . . . Section 322.264 defines “habitual traffic offender.” . . . Section 322.34(5) provides that "[a]ny person whose driver license has been revoked pursuant to s. 322.264 . . . The Legislature might also want to consider whether section 322.264(l)(d) should be amended to expand . . .

BURGESS, v. STATE, 198 So. 3d 1151 (Fla. Dist. Ct. App. 2016)

. . . vehicle upon the highways of this state while his driver’s license had been revoked pursuant to s. 322.264 . . . maintained by the Department, reflects a specified number of convictions for specified traffic offenses. § 322.264 . . . The statute provides as follows: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .

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

. . . this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264 . . . Section 322.34(5), provides: (5) Any person whose driver license has been revoked pursuant to s, 322.264 . . . of separate acts: (d) Driving a motor vehicle while his or her license is suspended or revoked..,. § 322.264 . . .

STATE v. AIDEN,, 118 So. 3d 264 (Fla. Dist. Ct. App. 2013)

. . . Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who . . .

STATE v. COOPER,, 118 So. 3d 270 (Fla. Dist. Ct. App. 2013)

. . . Latrice Cooper, was charged with Unlawful Driving as a Habitual Traffic Offender, as defined in section 322.264 . . .

GIL, v. STATE, 118 So. 3d 787 (Fla. 2013)

. . . privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . See 322.264(l)(d), Fla. Stat. . The Fourth District issued its decision in Harvey on April 9, 1997. . . .

McKNIGHT, v. STATE, 95 So. 3d 1026 (Fla. Dist. Ct. App. 2012)

. . . . §§ 322.34(5), 322.264, Fla. Stat. (2008). . § 316.193(1), Fla. Stat. (2008). . . .

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

. . . Section 322.34(5) provides that ”[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes (2011), defines a "habitual traffic offender" as: [A]ny person whose . . . privilege has been canceled, suspended or revoked as provided by law, except persons defined in s. 322.264 . . . Having been designated a habitual traffic offender under s. 322.264(l)(d) as a result of suspensions . . .

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

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

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

. . . license or driving privilege was cancelled, suspended or revoked, pursuant to Florida Statutes, Section 322.264 . . . third-degree felony for a person to drive while his driver’s license is revoked pursuant to section 322.264 . . . Florida Statutes (2009) which provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes (2009), defines a “habitual traffic offender” as: [A]ny person whose . . . this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264 . . . severe criminal penalty for driving when one has “been designated a habitual traffic offender under s. 322.264 . . . I am also concerned that the majority’s reading of sections 322.264, 322.27(5) and 322.34(5) as operating . . .

STATE v. GIL,, 68 So. 3d 999 (Fla. Dist. Ct. App. 2011)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . felony of the third degree.... (5) Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . Subsection (5) provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . of this state while such license is revoked is guilty of a felony of the third degree.... ” Section 322.264 . . .

NEARY, v. STATE, 63 So. 3d 897 (Fla. Dist. Ct. App. 2011)

. . . the Florida Department of Highway Safety and Motor Vehicles (the Department) as required by section 322.264 . . . section 322.34(5), which states: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . convicted under this statute, the defendant’s driver’s license must have been revoked pursuant to section 322.264 . . . Neary asserts, and properly so, that he does not qualify as a “habitual traffic offender” under section 322.264 . . . We conclude that if the records maintained by the Department pursuant to section 322.264 show that a . . .

JOHNSON, v. STATE, 62 So. 3d 1169 (Fla. Dist. Ct. App. 2011)

. . . section 322.34(5), Florida Statutes (2005) (driving while license has been revoked pursuant to section 322.264 . . . However, the convictions that cause a driver to be classified as a habitual offender under section 322.264 . . .

M. WYRICK, v. STATE, 50 So. 3d 674 (Fla. Dist. Ct. App. 2010)

. . . third-degree felony for driving without a license after her license had been revoked pursuant to section 322.264 . . . Having been designated a habitual traffic offender under s. 322.264(l)(d) as a result of suspensions . . . As previously noted, in order to be an habitual traffic offender pursuant to section 322.264, Florida . . .

LAW, v. STATE, 40 So. 3d 857 (Fla. Dist. Ct. App. 2010)

. . . designate the requisite convictions to justify the habitual traffic offender designation under section 322.264 . . . appellant’s driving record which did not show that he was a habitual traffic offender as defined in section 322.264 . . .

JOHNSON, v. STATE, 32 So. 3d 728 (Fla. Dist. Ct. App. 2010)

. . . revoked because he had previously been designated as a habitual traffic offender pursuant to section 322.264 . . . does not apply to those who have been designated “habitual traffic offenders,” as defined in section 322.264 . . .

K. J. A. J. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 33 So. 3d 88 (Fla. Dist. Ct. App. 2010)

. . . . § 322.264(1) (2008) (any person who commits a traffic violation and has previously accumulated a specific . . .

VAUGHAN, v. STATE, 29 So. 3d 423 (Fla. Dist. Ct. App. 2010)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

C. CARTER, v. STATE, 23 So. 3d 1238 (Fla. Dist. Ct. App. 2009)

. . . felony driving on a revoked license when (1) his “driver’s license has been revoked pursuant to s. 322.264 . . . Authorizing a revocation for a “habitual traffic offender,” section 322.264, Florida Statutes (2007), . . . Subsections (1) and (2) of section 322.264 specify the types of convictions that can give rise to the . . . on a suspended or revoked license and “any violation of s. 316.193” (driving under the influence). § 322.264 . . . driving record from the Department of Highway Safety and Motor Vehicles to prove the fact of a section 322.264 . . .

UNITED STATES v. L. WILKERSON,, 334 F. App'x 255 (11th Cir. 2009)

. . . . §§ 322.264, 322.34(5); 18 U.S.C. §§ 7, 13. After review, we affirm. I. . . . Stat. §§ 322.264(l)(d) and 322.34(5) and 18 U.S.C. §§ 7 and 13. . . . Stat. § 322.264(l)(d). . . . Stat. §§ 322.264(l)(d), 322.34(5), criminalize Wilkerson’s conduct and authorize five years of imprisonment . . .

CONEY, v. STATE, 995 So. 2d 1038 (Fla. Dist. Ct. App. 2008)

. . . . § 322.264(2), Fla. Stat. (2001); see Webb v. State, 816 So.2d 1190 (Fla. 4th DCA 2002). . . .

BOLWARE, v. STATE, 995 So. 2d 268 (Fla. 2008)

. . . designated a habitual traffic offender requires the defendant to meet the criteria specified in section 322.264 . . . See § 322.264, Fla. Stat. (2000). . . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .

UNITED STATES v. JOHNSON,, 278 F. App'x 985 (11th Cir. 2008)

. . . . § 322.264, in violation of Fla. Stat. § 322.34(2), per 18 U.S.C. §§ 7, 13 (Count Two). . . . Stat. § 322.264. . . . Stat. § 322.264. The indictment, however, cites Fla. . . . 322.34(5) does, providing that “[a]ny person whose driver’s license has been revoked pursuant to [§ ] 322.264 . . .

BLANDIN, v. STATE, 976 So. 2d 1201 (Fla. Dist. Ct. App. 2008)

. . . Section 322.34(5) provides as follows: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .

UNITED STATES v. D. CRISP, 542 F. Supp. 2d 1267 (M.D. Fla. 2008)

. . . . § 322.34(5) (“Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender . . .

STATE v. ALHINDI,, 971 So. 2d 222 (Fla. Dist. Ct. App. 2008)

. . . Section 322.34(5) provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264 defines habitual traffic offender as “any person whose record, as maintained by the Department . . .

S. McKNIGHT, v. STATE, 972 So. 2d 247 (Fla. Dist. Ct. App. 2007)

. . . See § 322.264, Fla. Stat. (2006) (defining “habitual traffic offender”). Section 322.15(1), Fla. . . .

STATE v. BYRD, Jr., 969 So. 2d 581 (Fla. Dist. Ct. App. 2007)

. . . appellant’s driving record which did not show that he was a habitual traffic offender as defined in section 322.264 . . . section 322.34(5), making it a felony for a person to drive with a license “revoked pursuant to s. 322.264 . . . (habitual offender),” the phrase “pursuant to” means “as defined by” section 322.264). . . . provides that “[a]ny person whose driver’s license has been revoked pursuant to [as defined by] s. 322.264 . . . Section 322.264 defines a habitual traffic offender as: any person whose record, as maintained by the . . .

ARINO, v. STATE, 944 So. 2d 1120 (Fla. Dist. Ct. App. 2006)

. . . to determine whether appellant had been designated an habitual traffic offender pursuant to section 322.264 . . .

M. DUFF, v. STATE, 942 So. 2d 926 (Fla. Dist. Ct. App. 2006)

. . . Section 322.264 is the habitual traffic offender statute. . . .

PATTERSON, v. STATE, 938 So. 2d 625 (Fla. Dist. Ct. App. 2006)

. . . See §§ 322.264, .34(5), Fla. Stat. (2003). Mr. . . . had classified him as a habitual traffic offender and suspended his license as required by section 322.264 . . . section 322.34(5), which provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264 defines a “habitual traffic offender” as a person whose driving record, as maintained . . . Patterson does not challenge the validity of the civil disability imposed by sections 322.264 and 322.27 . . .

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

. . . 322.34(5), Florida Statutes, provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .

M. KIRSCHNER, v. STATE, 915 So. 2d 624 (Fla. Dist. Ct. App. 2005)

. . . . § 322.264, Fla. Stat. (2004). . Anders v. . . .

KALLELIS, v. STATE, 909 So. 2d 544 (Fla. Dist. Ct. App. 2005)

. . . Statutes (2003), provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . is guilty of a felony of the third degree.... ” A “habitual traffic offender” is defined in section 322.264 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. ROSENTHAL,, 908 So. 2d 602 (Fla. Dist. Ct. App. 2005)

. . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . . Section 322.264 provides, in pertinent part: A “habitual traffic offender” is any person whose record . . . Section 316.193 and the other earlier statutory provisions referred to in subsection (l)(b) of section 322.264 . . . was entered and adjudication was withheld is a conviction under the provisions set forth in section 322.264 . . . regardless of whether adjudication is withheld or imposed ... can be used to habitualize under section 322.264 . . .

BAROULETTE, v. McCRAY,, 904 So. 2d 575 (Fla. Dist. Ct. App. 2005)

. . . . §§ 322.264(1)(d), 322.341(5), Fla. Stat. (2004). . . .

LOWE, v. STATE, 889 So. 2d 931 (Fla. Dist. Ct. App. 2004)

. . . See §§ 322.264(l)(d), .34(5), Fla. Stat. (1999). . . .

THOMPSON, v. STATE, 887 So. 2d 1260 (Fla. 2004)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

TURBEN, v. STATE, 884 So. 2d 1157 (Fla. Dist. Ct. App. 2004)

. . . , 2002, at the time I was driving a vehicle my privilege to drive had been revoked pursuant to F.S. 322.264 . . .

LOGAN, v. STATE, 877 So. 2d 952 (Fla. Dist. Ct. App. 2004)

. . . other hand, section 322.34(5) penalizes driving while one’s license is revoked pursuant to section 322.264 . . . 322.34(5) for driving while his license was revoked as a habitual traffic offender pursuant to section 322.264 . . . See § 322.264(1). . . . A person who drives while his or her license is revoked pursuant to section 322.264 may then be charged . . .

HORNBUCKLE, v. STATE, 864 So. 2d 1203 (Fla. Dist. Ct. App. 2004)

. . . charged by information with driving with a cancelled, suspended or revoked license pursuant to section 322.264 . . .

STATE v. E. PHILLIPS,, 852 So. 2d 922 (Fla. Dist. Ct. App. 2003)

. . . Phillips, had been designated a “habitual traffic offender” in 1998 under section 322.264, Florida Statutes . . . , which makes it a third-degree felony for a person to drive with a license “revoked pursuant to s. 322.264 . . . court stated that section 322.34(5) was constitutionally deficient, because it referred to section 322.264 . . . the revocation of a driver’s license of a person who is designated a habitual offender under section 322.264 . . . the legislature simply amending the language therein by substituting section 322.27(5) for section 322.264 . . .

STATE v. MEISTER,, 849 So. 2d 1127 (Fla. Dist. Ct. App. 2003)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

L. ARNETT, v. STATE, 843 So. 2d 340 (Fla. Dist. Ct. App. 2003)

. . . Arnett, appeals his conviction for felony driving while his license was revoked pursuant to section 322.264 . . .

A. BOWEN, v. STATE, 833 So. 2d 288 (Fla. Dist. Ct. App. 2002)

. . . 322.34(5), Florida Statutes (2001): Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . , arguing that he could not be considered a habitual traffic offender within the meaning of section 322.264 . . .

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

. . . driving after he had been designated a habitual traffic offender, in violation of sections 322.34 and 322.264 . . . section 322.34(5), provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . .

STUTTS, v. STATE, 821 So. 2d 449 (Fla. Dist. Ct. App. 2002)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

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

. . . Statutes (2000), which provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264 defines a “habitual traffic offender” as having accumulated a certain number of specified . . . motor vehicle” within a five year period results in classification as a habitual traffic offender. § 322.264 . . . result from “[f]ifteen convictions for moving traffic offenses for which points may be assessed.” § 322.264 . . . Section 322.264 expressly contemplates that the same convictions may be counted to revoke a driver’s . . .

M. FRANKLIN, v. STATE, 816 So. 2d 1203 (Fla. Dist. Ct. App. 2002)

. . . dual offenses of (1) driving after his license had been revoked pursuant to Florida Statutes section 322.264 . . . pertinent part, section 322.34 provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . Here, the trial court found Franklin’s privilege to drive had previously been revoked pursuant to s. 322.264 . . . 322.34(2), which expressly does not apply to persons whose licenses have been revoked pursuant to s. 322.264 . . .

ARTHUR, v. STATE, 818 So. 2d 589 (Fla. Dist. Ct. App. 2002)

. . . Here, Arthur was charged with violating sections 322.34 and 322.264, Florida Statutes, because he was . . . Section 322.264, Florida Statutes, defines “habitual traffic offender” as “any person whose record, as . . .

STATE v. CRAYCRAFT,, 817 So. 2d 864 (Fla. Dist. Ct. App. 2002)

. . . unlawfully driving a motor vehicle on a highway while his driver’s license had been revoked pursuant to § 322.264 . . . revoked based on the administrative declaration that he was a habitual traffic offender pursuant to § 322.264 . . . his motion to dismiss, ruling that: The First District’s decision in Huss is applicable to Section 322.264 . . . ruled that none of those charges may be used to enhance his charge to a felony pursuant' to sections 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

STATE v. FIELDS, v. v., 809 So. 2d 99 (Fla. Dist. Ct. App. 2002)

. . . prior convictions but asserted that it could establish the guilt of the appellees pursuant to sections 322.264 . . . respect to an accused’s having been determined to be a habitual traffic offender pursuant to section 322.264 . . . We agree that when a driver has been deemed a habitual traffic offender pursuant to section 322.264 and . . . of Florida, while his driver’s license or driving privilege was revoked pursuant to Florida Statute 322.264 . . .

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

. . . section 322.34(5), which provides: “Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . three elements: (1) DMV had revoked defendant’s driver’s license as a habitual offender under section 322.264 . . . A revocation of a driver’s license under section 322.264 is done by DMV, the state agency charged with . . . See supra note 5, and § 322.264(l)(d), Fla. . . .

BADGER, v. STATE, 798 So. 2d 890 (Fla. Dist. Ct. App. 2001)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .

W. ROEDEL, v. STATE, 773 So. 2d 1280 (Fla. Dist. Ct. App. 2000)

. . . privilege has been canceled, suspended or revoked as provided by law, except persons defined in section 322.264 . . .

RAULERSON, v. STATE v. v. v. v. Jr. v. v. v. E. v. v. v. v., 763 So. 2d 285 (Fla. 2000)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . conviction” within the meaning of section 322.01(10), which can be used to habitualize under section 322.264 . . .

STATE v. G. LAZO,, 761 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

. . . 1997), and felony driving while license suspended or revoked, a violation of sections 322.34(5) and 322.264 . . .

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

. . . privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . which provides in relevant part: “Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .

I. HECHTMAN v. NATIONS TITLE INSURANCE OF NEW YORK, INC., 767 So. 2d 505 (Fla. Dist. Ct. App. 2000)

. . . properly convicted of “[djriving a motor vehicle while his ... license is suspended or revoked,” § 322.264 . . .

C. CARROLL, v. STATE, 761 So. 2d 417 (Fla. Dist. Ct. App. 2000)

. . . this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264 . . . Florida Statutes (1997), which states: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes (1997), the “habitual traffic offender” section, provides, in pertinent . . . The Department’s authority to revoke an individual’s driver’s license pursuant to section 322.264 may . . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .

G. BELT, v. STATE, 748 So. 2d 386 (Fla. Dist. Ct. App. 2000)

. . . 322.34(2) which states that .any person whose driver’s license has been revoked pursuant to section 322.264 . . . and December 1996, the state does not allege that his license had been revoked pursuant to section 322.264 . . .

CALLINS, v. STATE, 747 So. 2d 453 (Fla. Dist. Ct. App. 1999)

. . . has charged Callins with felony driving with a suspended license, contrary to sections 322.34(5) and 322.264 . . .

STATE v. COOKE,, 767 So. 2d 468 (Fla. Dist. Ct. App. 1999)

. . . )(c) specifically prohibits persons who have been declared habitual traffic offenders under section 322.264 . . . KLEIN and HAZOURI, JJ., concur. . (5) Any person whose driver’s license has been revoked pursuant to § 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in § 322.264 . . .

GUILFORD, v. STATE, 737 So. 2d 1160 (Fla. Dist. Ct. App. 1999)

. . . 1), but that because he had been previously classified as a habitual traffic offender under section 322.264 . . .

SANTIAGO, v. STATE, 731 So. 2d 787 (Fla. Dist. Ct. App. 1999)

. . . 775.082, s. 775.083, or s. 775.084. (2) Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .

STATE v. KEIRN,, 720 So. 2d 1085 (Fla. Dist. Ct. App. 1998)

. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . conviction” within the meaning of section 322.01(10), which can be used to habitu-alize under section 322.264 . . .

M. PERRYMAN, v. STATE, 744 So. 2d 1031 (Fla. Dist. Ct. App. 1997)

. . . The defendant had already been declared a habitual traffic offender under section 322.264, and contends . . . preclude the state from charging a defendant, once declared a habitual traffic offender under section 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined, in s. 322.264 . . . of the statute, section 322.34(1) is not applicable to a defendant once having been found a section 322.264 . . . Section 322.264, Florida Statutes (1995) reads, in pertinent part: A "habitual traffic offender” is any . . .

RAULERSON, v. STATE, 699 So. 2d 339 (Fla. Dist. Ct. App. 1997)

. . . privilege has been canceled, suspended, or revoked.as provided by law, except persons defined in s. 322.264 . . .

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

. . . determined that because appellee had been declared a habitual traffic offender pursuant to section 322.264 . . . On May 12, 1992, appellee was declared a habitual traffic offender pursuant to section 322.264(l)(d), . . . Appellee was declared a habitual traffic offender in 1992 under section 322.264(l)(d). . . .

STATE v. LEYVA,, 599 So. 2d 691 (Fla. Dist. Ct. App. 1992)

. . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HAGAR,, 581 So. 2d 214 (Fla. Dist. Ct. App. 1991)

. . . Hagar was classified as an habitual traffic offender pursuant to section 322.264 of the Florida Statutes . . . certiorari proceeding in the circuit court — the proper remedy is by petition for writ of certiorari). . § 322.264 . . . department shall revoke the license of any person designated a habitual offender, as set forth in § 322.264 . . .

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

. . . See § 322.264(l)(b) and (d) and 4322.27(5) Fla.Stat. (1987). . . .

YOST, v. STATE, 542 So. 2d 419 (Fla. Dist. Ct. App. 1989)

. . . for a violation of said statute if the person is an habitual traffic offender as defined in section 322.264 . . .

STATE v. PEREZ,, 531 So. 2d 961 (Fla. 1988)

. . . [w]as a habitual traffic offender as defined in s. 322.264; or 3. . . .

STATE v. LOCKE,, 528 So. 2d 399 (Fla. Dist. Ct. App. 1988)

. . . Was a habitual traffic offender as defined in § 322.264; or 3. . . . was neither suspended nor revoked, that she was not a habitual traffic offender as defined in section 322.264 . . .

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

. . . suspension upon a finding that a person has become a “habitual traffic offender” as defined in section 322.264 . . .

BEWICK, v. STATE, 501 So. 2d 72 (Fla. Dist. Ct. App. 1987)

. . . Was a habitual traffic offender as defined in s. 322.264; or 3. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. H. MECK,, 468 So. 2d 993 (Fla. Dist. Ct. App. 1984)

. . . Under section 322.264(2), Florida Statutes (1983), a “habitual traffic offender” is defined as follows . . .

STATE v. BENNETT,, 369 So. 2d 445 (Fla. Dist. Ct. App. 1979)

. . . Sections 322.264, .27, .31, Florida Statutes (1977). . . . Since 1972 Section 322.264, Florida Statutes (1977) has provided: A “habitual traffic offender” is any . . . The circuit court, considering that no “conviction” for purposes of Section 322.264 and .27 could occur . . . We find nothing in Sections 322.264 and .27 authorizing that distinction, which would appear to cancel . . .

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

. . . Section 322.264, Florida Statutes (1977), defines habitual traffic offender, in pertinent part, as a . . . the department “shall revoke the license of any person designated a habitual offender” under Section 322.264 . . .

STATE v. BROWNSTEIN,, 352 So. 2d 144 (Fla. Dist. Ct. App. 1977)

. . . Brownstein’s petition for certiorari in the circuit court alleges that Sections 322.264, 322.27(5) and . . .

SOUTER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, a, 310 So. 2d 314 (Fla. Dist. Ct. App. 1975)

. . . . § 322.264. . . .

J. ABRAHAM, v. STATE, 301 So. 2d 11 (Fla. 1974)

. . . The effect of that order was to initially pass upon the validity of Florida Statutes, Sections 322.264 . . .

WHEELER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 297 So. 2d 128 (Fla. Dist. Ct. App. 1974)

. . . offenses during a five year period so as to become an Habitual Traffic Offender as defined under § 322.264 . . .

ZARSKY, v. STATE, 300 So. 2d 261 (Fla. 1974)

. . . In its opinion, the District Court passed upon the validity of Sections 322.264 (Habitual traffic offender . . . The hearing officer found that Appellant was in violation of Section 322.264, Florida Statutes, F.S.A . . . In the District Court, Appellant challenged the constitutionality of Sections 322.264 and 322.27(5), . . . department shall revoke the license of any person designated an habitual offender, as set forth in section 322.264 . . . Section 322.264, Florida Statutes, F.S.A. . Section 322.27 (2) (d), Florida Statutes, F.S.A. . . . .

CHAITKIN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 294 So. 2d 352 (Fla. Dist. Ct. App. 1974)

. . . years as a result of his having been classified as an habitual traffic offender pursuant to Section 322.264 . . . The former statutory provision provides in material part the following: “322.264 Habitual traffic offender . . . department shall revoke the license of any person designated an habitual offender, as set forth in section 322.264 . . .

CAPPADONA, v. C. W. KEITH,, 290 So. 2d 545 (Fla. Dist. Ct. App. 1974)

. . . 5), F.S.A.) wherein petitioner is designated as an habitual traffic offender, as defined in Section 322.264 . . . Petitioner contends that the provisions of Section 322.264, the habitual traffic offender law, are ex . . .

L. LORD, v. DAVIS,, 288 So. 2d 260 (Fla. Dist. Ct. App. 1974)

. . . . § 322.264, F.S.A., and as appellant admittedly is, is not entitled to have his driving privileges restored . . .

ZARSKY, v. STATE, 281 So. 2d 553 (Fla. Dist. Ct. App. 1973)

. . . . § 322.264 and Fla. . . . directed to the alleged unconstitutionality of the statutes is appellant’s contention that Fla.Stat. § 322.264 . . . It should be noted that Fla.Stat. § 322.264(2), F.S.A., in setting the conditions for revoking a license . . .