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F.S. 322.27 on Google Scholar

F.S. 322.27 on Casetext

Amendments to 322.27


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.27 Florida Statutes and Case Law
322.27 Authority of department to suspend or revoke driver license or identification card.
(1) Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction. A law enforcement agency must provide information to the department within 24 hours after any traffic fatality or when the law enforcement agency initiates action pursuant to s. 316.1933;
(b) Has been convicted of a violation of any traffic law which resulted in a crash that caused the death or personal injury of another or property damage in excess of $500;
(c) Is incompetent to drive a motor vehicle;
(d) Has permitted an unlawful or fraudulent use of the license or identification card or has knowingly been a party to the obtaining of a license or identification card by fraud or misrepresentation or to the display, or representation as one’s own, of a driver license or identification card not issued to him or her. This section does not include the provisions of s. 322.32(1);
(e) Has committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation; or
(f) Has committed a second or subsequent violation of s. 316.172(1) within a 5-year period of any previous violation.
(2) The department shall suspend the license of any person without preliminary hearing upon a showing of its records that the licensee has been convicted 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 suspension of the licensee’s driving privilege.
(3) There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year.
(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.
(b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.
(c) When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year.
(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:
1. Reckless driving, willful and wanton4 points.
2. Leaving the scene of a crash resulting in property damage of more than $506 points.
3. Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash6 points.
4. Passing a stopped school bus:
a. Not causing or resulting in serious bodily injury to or death of another4 points.
b. Causing or resulting in serious bodily injury to or death of another6 points.
5. Unlawful speed:
a. Not in excess of 15 miles per hour of lawful or posted speed3 points.
b. In excess of 15 miles per hour of lawful or posted speed4 points.
6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.4 points. However, no points shall be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.
7. All other moving violations (including parking on a highway outside the limits of a municipality)3 points. However, no points shall be imposed for a violation of s. 316.0741 or s. 316.2065(11); and points shall be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5).
8. Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash4 points.
9. Any conviction under s. 403.413(6)(b)3 points.
10. Any conviction under s. 316.0775(2)4 points.
11. A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone2 points, in addition to the points assigned for the moving violation.
(e) A conviction in another state of a violation therein which, if committed in this state, would be a violation of the traffic laws of this state, or a conviction of an offense under any federal law substantially conforming to the traffic laws of this state, except a violation of s. 322.26, may be recorded against a driver on the basis of the same number of points received had the conviction been made in a court of this state.
(f) In computing the total number of points, when the licensee reaches the danger zone, the department is authorized to send the licensee a warning letter advising that any further convictions may result in suspension of his or her driving privilege.
(g) The department shall administer and enforce the provisions of this law and may make rules and regulations necessary for its administration.
(h) Three points shall be deducted from the driver history record of any person whose driving privilege has been suspended only once pursuant to this subsection and has been reinstated, if such person has complied with all other requirements of this chapter.
(i) This subsection does not apply to persons operating a nonmotorized vehicle for which a driver license is not required.
(4) The department, in computing the points and period of time for suspensions under this section, shall use the offense date of all convictions.
(5)(a) The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.
(b) If a person whose driver license has been revoked under paragraph (a) as a result of a third violation of driving a motor vehicle while his or her license is suspended or revoked provides proof of compliance for an offense listed in s. 318.14(10)(a)1.-5., the clerk of court shall submit an amended disposition to remove the habitual traffic offender designation.
(6) The department shall revoke the driving privilege of any person who is convicted of a felony for the possession of a controlled substance if, at the time of such possession, the person was driving or in actual physical control of a motor vehicle. A person whose driving privilege has been revoked pursuant to this subsection is not eligible to receive a limited business or employment purpose license during the term of such revocation.
(7) Review of an order of suspension or revocation shall be by writ of certiorari as provided in s. 322.31.
History.s. 39, ch. 19551, 1939; CGL 1940 Supp. 4151(653); s. 39, ch. 20451, 1941; s. 7, ch. 22858, 1945; ss. 1, 2, ch. 57-756; s. 1, ch. 57-759; s. 1, ch. 59-278; s. 1, ch. 61-42; s. 1, ch. 61-53; s. 1, ch. 65-175; s. 1, ch. 67-86; s. 26, ch. 69-353; ss. 24, 35, ch. 69-106; s. 1, ch. 70-115; s. 3, ch. 72-175; s. 1, ch. 74-36; s. 5, ch. 74-384; s. 5, ch. 76-153; s. 1, ch. 77-119; s. 20, ch. 78-95; s. 3, ch. 78-204; s. 1, ch. 78-226; ss. 23, 27, ch. 78-394; s. 2, ch. 81-3; s. 3, ch. 81-118; s. 2, ch. 85-184; s. 7, ch. 85-309; s. 4, ch. 86-260; s. 3, ch. 87-167; s. 6, ch. 88-50; s. 57, ch. 88-130; s. 47, ch. 89-282; s. 4, ch. 91-136; s. 22, ch. 93-164; s. 83, ch. 94-306; s. 939, ch. 95-148; s. 29, ch. 95-257; s. 56, ch. 96-350; s. 292, ch. 99-248; s. 2, ch. 2004-275; ss. 22, 86, ch. 2005-164; s. 6, ch. 2005-194; s. 14, ch. 2010-80; s. 18, ch. 2010-225; s. 12, ch. 2012-27; s. 58, ch. 2012-181; s. 2, ch. 2013-58; s. 34, ch. 2014-216; s. 4, ch. 2017-189.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 322.27 on Google Scholar

F.S. 322.27 on Casetext

Amendments to 322.27


Arrestable Offenses / Crimes under Fla. Stat. 322.27
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.27.


Civil Citations / Citable Offenses under S322.27
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 322.27.


Annotations, Discussions, Cases:

  1. 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…
    PAGE 796
  2. Crain v. State

    79 So. 3d 118 (Fla. Dist. Ct. App. 2012)   Cited 7 times
    For example, section 322.271(1)(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 of 12 months from the date of such revocation, petition the department for reinstatement of his or her driving privilege.” But, section 322.27(5), Florida Statutes (2009), states that DHSMV shall revoke a habitual offender's license.
    PAGE 122
  3. Parker v. Dep't of Highway Safety & Motor Vehicles

    338 So. 3d 450 (Fla. Dist. Ct. App. 2022)
    Despite the reference by DHSMV and Spells , it is not clear that section 322.27( 5) is the statutory basis under which Mr. Parker could make such a challenge. Neither the parties nor the circuit court offer clarification, nor does it matter to the outcome of this petition, but if section 322.27( 5), in fact, was not actually the basis for the revocation, it is not clear why DHSMV indicated that Mr. Parker had failed to seek a review afforded only to that subsection's category of revocation. Section 322.27( 1) outlines times when DHSMV might "suspend" a license without a hearing, but subsection (5) deals expressly with the revocation of a license following a habitual traffic offender designation. Such designation is determined by section 322.264 and requires, in relevant part, three or more convictions for DUI within a five-year period. The December order cites neither section 322.264 nor .27 as the basis for revoking the license, but if indeed sections 322.264 and .27 were the basis, the dates of convictions listed in that order do not fall within the five-year time period. However, Mr. Parker's license revocation more appropriately appears to have been…
    PAGE 453
  4. Bolware v. State

    995 So. 2d 268 (Fla. 2008)   Cited 18 times
    It also seems to me that the punishment of license revocation is also largely automatic. 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. Stat. (2007) (emphasis added). Thus, once the offender has been designated as a habitual traffic offender, the department must revoke his or her license.
    PAGE 285
  5. State v. Phillips

    852 So. 2d 922 (Fla. Dist. Ct. App. 2003)   Cited 3 times
    Relying upon the statutory maxim that penal statutes must be strictly construed in favor of the accused, the court stated that section 322.34(5) was constitutionally deficient, because it referred to section 322.264 as authority for the revocation of Phillips' license, whereas the latter statute only defined the criteria for finding a person to be a habitual traffic offender. The court acknowledged that section 322.27(5) authorizes the revocation of a driver's license of a person who is designated a habitual offender under section 322.264, but reasoned that the reference to that statute in the information could not correct the facial deficiency of section 322.34(5). The court observed that section 322.34(5)'s constitutional infirmity could be cured by the legislature simply amending the language therein by substituting section 322.27(5) for section 322.264.
    PAGE 923
  6. Crain v. State

    CASE NO. 1D10-2145 (Fla. Dist. Ct. App. Jan. 24, 2012)
    For example, section 322.271(1)(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 of 12 months from the date of such revocation, petition the department for reinstatement of his or her driving privilege." But, section 322.27(5), Florida Statutes (2009), states that DHSMV shall revoke a habitual offender's license.
    PAGE 9
  7. State v. Gil

    68 So. 3d 999 (Fla. Dist. Ct. App. 2011)   Cited 1 times
    Section 322.27 also provides for suspension of a driver's license where mandated by law, for example: after a conviction for violation of a traffic law that resulted in a crash that caused the death or personal injury of another or property damage in excess of $500, under section 322.27(1)(b); if the driver is incompetent to drive a motor vehicle, under section 322.27(1)(c), etc.
    PAGE 1002
  8. Raulerson v. State

    763 So. 2d 285 (Fla. 2000)   Cited 58 times
    [NOTE 3]: Section 318.14(4) provides that a person charged with an infraction may pay the civil penalty by mail or in person within 30 days of receiving the citation. If the person does so, "he or she shall be deemed to have admitted the infraction and to have waived his or her right to a hearing on the issue of commission of the infraction." Id. (emphasis supplied). If the person requests a hearing, the presiding judge or hearing officer shall "make a determination as to whether an infraction has been committed." § 318.14(5), Fla. Stat. (1995) (emphasis supplied). A "determination" under the statute goes only to the occurrence of the infraction; it has nothing to do with an adjudication of guilt. A "determination" may occur as the result of a final hearing or plea. A "determination" that an infraction has been committed may arise from a no contest plea. See Vinson v. State, 345 So.2d 711 (Fla. 1977); Stewart v. State, 586 So.2d 449 (Fla. 1st DCA 1991). When a report of "a determination or admission of an infraction is received by the department, it shall proceed to enter the proper number of points on the licensee's driving record in accordance with s. 322.27. " …
    PAGE 293
  9. Carroll v. State

    761 So. 2d 417 (Fla. Dist. Ct. App. 2000)   Cited 16 times
    The Department's authority to revoke an individual's driver's license pursuant to section 322.264 may be found in section 322.27(5), Florida Statutes (1997), which provides:
    PAGE 419