The 2023 Florida Statutes (including Special Session C)
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. . . See also § 322.27 (7), Fla. Stat. (2018). See, e.g., Denson v. . . .
. . . Stat. (2016) (stating, "[a] person whose driving privilege has been revoked under s. 322.27(5)," but . . . section 322.27(5) speaks only of the revocation of a driver's license). . . .
. . . Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27 . . .
. . . In 1972, the legislature amended chapter 322 to add a requirement — codified at section 322.27(5) — that . . . A person whose driving privilege has been revoked, under s. 322.27(5) may, upon expiration of 12 months . . . habitual offender, ... and such person is not eligible to be relicensed for a minimum of 5 years.” § 322.27 . . .
. . . license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27 . . .
. . . privilege] was [suspended] [revoked] [canceled] pursuant to Florida Statute [316.655] [322.26(8) ] [322.27 . . .
. . . on the number of “points ” a driver has accumulated pursuant to the point system provided in section 322.27 . . . the habitual traffic offender statute demonstrates that a number of the offenses detailed in section 322.27 . . . Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27 . . . driver within twelve, eighteen, or twenty-four months can lead to license suspension under section 322.27 . . . Section 322.27(5), Florida Statutes (2012), states: "The [Department of Highway Safety and Motor Vehicles . . .
. . . Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27 . . .
. . . .” § 322.27(5), Fla. Stat. (2009) (emphasis supplied). . . . the Legislature used the term “driving privilege” in section 322.27l(l)(b) when referring to section 322.27 . . . For example, section 322.271(l)(b), Florida Statutes (2009), which is referenced in section 322.27(5) . . . , provides that a “person whose driving privilege has been revoked under s. 322.27(5) may, upon expiration . . . But, section 322.27(5), Florida Statutes (2009), states that DHSMV shall revoke a habitual offender's . . . I am also concerned that the majority’s reading of sections 322.264, 322.27(5) and 322.34(5) as operating . . .
. . . on the number of “points” a driver has accumulated pursuant to the point system provided in section 322.27 . . . Section 322.27(3) provides for the assessment of points: four points for reckless driving; six points . . . Pursuant to section 322.27(3) when a licensee accumulates a certain number of points during a specific . . . Section 322.27 also provides for suspension of a driver’s license where mandated by law, for example: . . . (1)(b); if the driver is incompetent to drive a motor vehicle, under section 322.27(l)(c), etc. . . .
. . . determined he was an habitual traffic offender and revoked his license for five years pursuant to section 322.27 . . .
. . . Section 322.27(5) provides, in pertinent part, that “The [Department of Highway Safety and Motor Vehicles . . . ] shall revoke the license of any person designated a habitual offender.” § 322.27(5), Fla. . . . habitual traffic offender and thus revoked his driver’s license for five years pursuant to section 322.27 . . . Stat. (2007), section 322.27(5) leaves it to the Department to revoke the license of a habitual traffic . . . revoked may, by petition to the department, show cause why his or her license should not be revoked. § 322.27 . . .
. . . Section 322.27(5) provides for the revocation of the license of a habitual traffic offender as follows . . . A person whose license has been revoked under section 322.27(5) may petition the Department for restoration . . . Under section 322.27(5), when Blandin’s license was revoked as a habitual traffic offender in August . . .
. . . Section 322.27(5) requires the DHSMV to revoke the license of a person designated as a habitual traffic . . . Patterson does not challenge the validity of the civil disability imposed by sections 322.264 and 322.27 . . .
. . . Background Acting pursuant to section 322.27(5), Florida Statutes (2002), the Department revoked Rosenthal . . . Section 322.27(5) provides that “[t]he department shall revoke the license of any person designated a . . .
. . . Department of Highway Safety and Motor Vehicles must then revoke the person’s license pursuant to section 322.27 . . .
. . . Highway Safety and Motor Vehicles could revoke his driver’s license for five years pursuant to section 322.27 . . .
. . . offender” in 1998 under section 322.264, Florida Statutes (1997), his license was revoked under section 322.27 . . . The court acknowledged that section 322.27(5) authorizes the revocation of a driver’s license of a person . . . infirmity could be cured by the legislature simply amending the language therein by substituting section 322.27 . . . license was not revoked in accordance with the provisions of section 322.264, but rather those of section 322.27 . . . Section 322.27(5) provides: The department shall revoke the license of any person designated a habitual . . .
. . . license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27 . . .
. . . ), express delivery services ($1,352.79), legal research ($932.10), postage and delivery services ($322.27 . . .
. . . Section 322.27(5) requires the Department of Highway Safety and Motor Vehicles to revoke the license . . .
. . . Section 322.27(5), Florida Statutes, mandates that the Department revoke the license of anyone designated . . .
. . . the license and did not suspend it, the DHSMV presumably based its actions on sections 322.251 and 322.27 . . . Section 322.27 provides, in part: [T]he department is hereby authorized to suspend the license of any . . .
. . . proceed to enter the proper number of points on the licensee’s driving record in accordance with s. 322.27 . . . Section 322.27(3), Florida Statutes (1995), provides for a point system for “convictions of violations . . .
. . . license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27 . . .
. . . authority to revoke an individual’s driver’s license pursuant to section 322.264 may be found in section 322.27 . . .
. . . . § 322.27(5) (1997); see Lord v. . . .
. . . period if she was otherwise eligible; ie., if she is not a habitual traffic offender pursuant to section 322.27 . . .
. . . proceed to enter the proper number of points on the licensee's driving record in accordance with s. 322.27 . . . Section 322.27(3), Florida Statutes (1995), provides for a point system for "convictions of violations . . .
. . . Florida Statutes § 322.27(7) and § 322.31 (1997) provide that review of a final order revoking a driver . . .
. . . license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27 . . . traffic offenses), 322.26(8)(suspen-sion by a court due to conviction of serious traffic offense), 322.27 . . .
. . . Smith, 638 So.2d 509 (Fla.1994); see also §§ 316.655, 322.26(8), 322.27(2), 322.28(2), 322.28(5), Fla . . .
. . . conviction: Upon the suspension or revocation of a license pursuant to the provisions of s. 322.26 or s. 322.27 . . .
. . . traffic offenses), 322.26(8) (suspension by a court due to conviction of serious traffic offense), 322.27 . . .
. . . driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27 . . .
. . . Section 322.27(5), Florida Statutes (1989), states: "The department shall revoke the license of any person . . .
. . . September 20, 1989 revoking Hagar’s driving privileges for a period of five years pursuant to section 322.27 . . . Hagar also argues that section 322.27(3)(f) of the Florida Statutes (1989) somehow creates a duty upon . . . Section 322.27(3)(f) does not mandate but instead merely authorizes the department to send a warning . . . of an individual who has accumulated fifteen moving traffic violations in a period of five years. §§ 322.27 . . . , including those offenses in subsection (1). . § 322.27 Authority of department to suspend or revoke . . .
. . . . § 322.27(5) (1989). . . .
. . . They are authorized pursuant to § 322.27 Fla. Stat. . . .
. . . a driver’s license upon commission of a felony in which a motor vehicle is used pursuant to section 322.27 . . . However, a close reading of that statute discloses that section 322.27(2) applies solely to suspensions . . .
. . . 36,249.01 7/26 3,528.79 32,720.22 7/27 8.43 32.711.79 7/27 88.18 32.623.61 7/27 235.00 32.388.61 7/27 322.27 . . .
. . . and substitute a direction to the Department that it suspend Travis’ license as provided in section 322.27 . . .
. . . .-28(2)(a) and 322.27(2), Florida Statutes (1987). . . . 1987 version of chapter 322 limits the power of the trial court to suspend drivers’ licenses, section 322.27 . . .
. . . As pointed out by the Department, however, review under section 322.27(5) remained open to the appellant . . .
. . . Division of Driver Licenses does not have the authority to suspend driving privileges under Section 322.27 . . . actions, Bolden had her future driving privileges suspended for one year in accordance with Section 322.27 . . . The question in this case is whether the word “obtaining,” as used in Section 322.27(l)(d), requires . . . Nor does a reading of Section 322.27 show that the Department’s construction of the word “obtaining” . . . Accordingly, we find Section 322.27(l)(d) can properly be read to cover not only the actual obtaining . . .
. . . Section 322.27(5), Florida Statutes (1983), provides that the department shall revoke the license of . . . Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s.322.27 . . . Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s.322.27 . . .
. . . must adjust the Debtors’ May 15 figure, adding the interest accrued daily from May 15 to August 5, or $322.27 . . . The contract interest rate of $322.27 per day on the unpaid balance totals approximately $10,000 per . . .
. . . Bennett’s “convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27 . . . Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27 . . . Section 322.27(2)(d) provides “a graduated scale of points assigning relative values to convictions” . . . fjifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27 . . . within five years was “convicted” fifteen times for moving traffic offenses assessable under Section 322.27 . . .
. . . accumulated fifteen convictions for moving traffic violations for which points are assessed under Section 322.27 . . . driving privilege in Florida for a period of five years as an habitual traffic offender under Sections 322.27 . . . Section 322.27(5), Florida Statutes (1977), mandates that the department “shall revoke the license of . . .
. . . May, 1972, Brownstein’s driving privileges were suspended by the Department as authorized by Section 322.27 . . . driving privileges for a period of five (5) years as an habitual offender, as authorized under Section 322.27 . . . Brownstein’s petition for certiorari in the circuit court alleges that Sections 322.264, 322.27(5) and . . .
. . . for a period of one year for the accumulation of 24 points within 36 months as authorized by Section 322.27 . . . Stat. §322.27(2) (c) (1975) and §322.251 (1975), the effect of a suspension is not affected by the failure . . .
. . . shall proceed to enter the proper number of points on the licensee’s driving record in accordance with §322.27 . . .
. . . ap-pellee’s driving privilege in the State of Florida was revoked effective April 15, 1973, pursuant to § 322.27 . . .
. . . one year for the accumulation of twenty-four points within thirty-six months as authorized by Section 322.27 . . . individual who has accumulated sufficient points to warrant suspension of his driver’s license under § 322.27 . . .
. . . . § 322.27(5) which requires the Department to revoke the license of any person designated as an habitual . . . Kirkman, Sup.Ct.Fla.1962, 138 So.2d 513, via F.S. § 322.27(5) The Fourth District consequently denied . . . without prejudice to the petitioner’s right to seek review of his revocation in accordance with Section 322.27 . . . the petitioner has applied for a post-revocation hearing: His license was revoked pursuant to F.S. § 322.27 . . . We therefore hold that a petitioner whose license has been suspended pursuant to § 322.27(5) must be . . .
. . . effect of that order was to initially pass upon the validity of Florida Statutes, Sections 322.264 and 322.27 . . .
. . . an order revoking petitioner’s driver’s license for a period of five years under the provisions of § 322.27 . . . has previously upheld the revocation of a driver’s license under the “point system” established by § 322.27 . . . suspension under the Georgia Financial Responsibility Act and the suspension or revocation under § 322.27 . . . We see nothing in § 322.27, F.S.A. which would preclude the Department from forestalling this possibility . . . A person threatened with the revocation of his license under § 322.27(5) is only entitled to raise at . . .
. . . District Court passed upon the validity of Sections 322.264 (Habitual traffic offender defined) and 322.27 . . . In the District Court, Appellant challenged the constitutionality of Sections 322.264 and 322.27(5), . . . 15) convictions for moving traffic offenses for which points may be assessed as set forth in section 322.27 . . . Section 322.27 (2) (d), Florida Statutes, F.S.A. . Washington v. . . .
. . . his having been classified as an habitual traffic offender pursuant to Section 322.264 and Section 322.27 . . . 15) convictions for moving traffic offenses for which points may be assessed as set forth in section 322.27 . . . The latter statutory provision provides: “322.27(5) The department shall revoke the license of any person . . . Subsection (6) of Section 322.27 merely provides for review of an order of revocation or suspension by . . . “Petition to Show Cause” why his license should not be revoked which is in conformance with Section 322.27 . . .
. . . . § 322.27 (5) F.S.A. (1972) is invalid as an ex post facto criminalization of conduct which occurred . . .
. . . Section 322.27(5), F.S.A.) wherein petitioner is designated as an habitual traffic offender, as defined . . . Petitioner further contends that Section 322.27(5), Florida Statutes, F.S.A. violates his constitutional . . . , and, a fair opportunity to test the validity of the suspension order is provided. . . . ” Section 322.27 . . . denied without prejudice to the petitioner to seek review of his revocation in accordance with Sec. 322.27 . . . See. 322.27(5), F.S.A., must be dependent upon the circumstances of the particular case. . . .
. . . Specifically, it is contended that there is a direct conflict between Florida Statutes, Sections 322.27 . . . of five years from the date of license revocation, a person whose license has been revoked under § 322.27 . . .
. . . The authority to suspend a driver’s license upon such adjudication is found in Section 322.27, Florida . . . Statutes, F.S.A., and Section 322.27(1) (c). . . .
. . . . § 322.27(5), F.S.A., respectively entitled, “Habitual traffic offender defined”, and “Authority of . . . (emphasis supplied) (Fla.Stat. § 322.27(4), F.S.A., requires that the department “. shall use the offense . . .
. . . See 13 Florida Statutes Annotated, Motor Vehicles, § 322.27. . . .
. . . the Department of Public Safety suspended appellant’s license for a period of one year, pursuant to § 322.27 . . .
. . . S. 322.27. . . . S. 322.27 (2) (h), does not give the department authority to make rules and regulations inconsistent . . . S. 322.27 as enacted in 1957, establishing the “point system”, for the department to evaluate violations . . . S. 322.27 as enacted in 1957 authorized the department to suspend the license of an operator “without . . . S. 322.27 and eliminated the above authorization to suspend without a preliminary hearing and added F . . .
. . . By direct appeal we have for review an order of a circuit judge upholding the validity of Section 322.27 . . . We must determine the validity of Section 322.27, supra, which establishes a so-called “point system” . . . the suspension was the “accumulation of eighteen points within eighteen months” as defined by Section 322.27 . . . Section 322.27(2) is a legislative enactment establishing a so-called “point system” for the evaluation . . . The principal insistence of appellant Jones is that Section 322.27, supra, contains no provision for . . .
. . . A total of $168,714.47 was distributed out of capital on the original 4,000 shares, and $28,-322.27 on . . .
. . . In suspending said license the Director of the Department of Public Safety proceeded under Section 322.27 . . .