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F.S. 322.264 on Google Scholar

F.S. 322.264 on Casetext

Amendments to 322.264


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.264 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: August 29, 2022
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.


Civil Citations / Citable Offenses under S322.264
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 322.264.


Annotations, Discussions, Cases:

  1. Section 322.264 defines "habitual traffic offender" as a 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 certain enumerated offenses, including three or more convictions within in five year period for "[d]riving a motor vehicle while his or her license is suspended or revoked." § 322.264(1)(d), Fla. Stat. (2015).
    PAGE 255
  2. Franklin v. State

    816 So. 2d 1203 (Fla. Dist. Ct. App. 2002)   Cited 4 times
    Here, the trial court found Franklin's privilege to drive had previously been revoked pursuant to s. 322.264 as an habitual offender. Accordingly, by definition, Franklin cannot be convicted of a violation of s. 322.34(2), which expressly does not apply to persons whose licenses have been revoked pursuant to s. 322.264, i.e., habitual offenders.
    PAGE 1204
  3. State v. Miller

    227 So. 3d 562 (Fla. 2017)   Cited 13 times
    Section 322.264, Florida Statutes, provides the following:
    PAGE 564
  4. Robinson v. State

    290 So. 3d 1007 (Fla. Dist. Ct. App. 2020)   Cited 1 times
    As is clear from the plain language of this statute, nothing in section 322.264 provides for revocation of a driver's license. Accordingly, the language in section 322.34(5) referring to a driver license that has been revoked "pursuant to s. 322.264" is necessarily a non sequitur as that statute simply does not provide for revocation.
    PAGE 1020
  5. Crain v. State

    79 So. 3d 118 (Fla. Dist. Ct. App. 2012)   Cited 7 times
    Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (Emphasis supplied.) Section 322.264, Florida Statutes (2009), defines a “habitual traffic offender” as:
    PAGE 121
  6. Gil v. State

    118 So. 3d 787 (Fla. 2013)   Cited 11 times
    (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). § 322.264, Fla. Stat. (2012) (emphasis supplied). Thus, upon three convictions of driving with a suspended or revoked license within a five-year period, a driver not only qualifies as a habitual traffic offender under section 322.264, but revocation of his or her license is mandatory. § 322.27(5), Fla. Stat. (“The department shall revoke the license of any person designated a habitual offender....” (emphasis supplied)). Moreover, while a certain number of points assessed against a driver within twelve, eighteen, or twenty-four months can lead to license suspension under section 322.27(3), fifteen convictions under the same point system within a five-year period leads to mandatory license revocation as a habitual traffic offender. §§ 322.264( 2), 322.27(5), Fla. Stat. Therefore, the statement by the Third District in the decision below that “suspension or revocation under subsection (2) of section 322.34 is based on entirely different conduct and on a completely different criteria than a revocation…
    PAGE 796
  7. Neary v. State

    63 So. 3d 897 (Fla. Dist. Ct. App. 2011)   Cited 2 times
    In order to be convicted under this statute, the defendant's driver's license must have been revoked pursuant to section 322.264 of the Florida Statutes, which provides in pertinent part:
    PAGE 898
  8. Robinson v. State

    329 So. 3d 103 (Fla. 2021)
    Florida law specifies the criteria by which an individual is designated as an HTO. An HTO is "any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person," within a five-year period, "has accumulated [three or more] convictions for [certain enumerated] offenses" set forth in section 322.264, Florida Statutes, or who has accumulated "[f]ifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27." § 322.264, Fla. Stat. (2016).
    PAGE 105
  9. Carroll v. State

    761 So. 2d 417 (Fla. Dist. Ct. App. 2000)   Cited 16 times
    Section 322.264, Florida Statutes (1997), the "habitual traffic offender" section, provides, in pertinent part:
    PAGE 419
  10. State v. Miller

    193 So. 3d 1001 (Fla. Dist. Ct. App. 2016)   Cited 6 times
    (5) Any person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    PAGE 1002