Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 322.271 | Lawyer Caselaw & Research
F.S. 322.271 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 322.271

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.271
322.271 Authority to modify revocation, cancellation, or suspension order.
(1)(a) Upon the suspension, cancellation, or revocation of the driver license of any person as authorized or required in this chapter, except a person whose license is revoked as a habitual traffic offender under s. 322.27(5) or a person who is ineligible to be granted the privilege of driving on a limited or restricted basis under subsection (2), the department shall immediately notify the licensee and, upon his or her request, shall afford him or her an opportunity for a hearing pursuant to chapter 120, as early as practicable within not more than 30 days after receipt of such request, in the county wherein the licensee resides, unless the department and the licensee agree that such hearing may be held in some other county.
(b) A person whose driving privilege has been revoked under s. 322.27(5) may, upon expiration of 12 months from the date of such revocation, petition the department for reinstatement of his or her driving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. Upon such petition and after investigation of the person’s qualification, fitness, and need to drive, the department shall hold a hearing pursuant to chapter 120 to determine whether the driving privilege shall be reinstated on a restricted basis solely for business or employment purposes.
(c) For the purposes of this section, the term:
1. “A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.
2. “A driving privilege restricted to employment purposes only” means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Driving for any purpose other than as provided by this paragraph is not permitted by a person whose driving privilege has been restricted to employment or business purposes. In addition, a person whose driving privilege is restricted to employment or business purposes remains subject to any restriction that applied to the type of license which the person held at the time of the order of suspension, cancellation, or revocation.

(2) At such hearing, the person whose license has been suspended, canceled, or revoked may show that such suspension, cancellation, or revocation causes a serious hardship and precludes the person from carrying out his or her normal business occupation, trade, or employment and that the use of the person’s license in the normal course of his or her business is necessary to the proper support of the person or his or her family.
(a) Except as otherwise provided in this subsection, the department shall require proof of the successful completion of the applicable department-approved driver training course operating pursuant to s. 318.1451 or DUI program substance abuse education course and evaluation as provided in s. 316.193(5). Letters of recommendation from respected business persons in the community, law enforcement officers, or judicial officers may also be required to determine whether the person should be permitted to operate a motor vehicle on a restricted basis for business or employment use only and in determining whether such person can be trusted to so operate a motor vehicle. If a driver license has been suspended under the point system or under s. 322.2615, the department shall require proof of enrollment in the applicable department-approved driver training course or licensed DUI program substance abuse education course, including evaluation and treatment, if referred, and may require letters of recommendation described in this paragraph to determine if the driver should be reinstated on a restricted basis. If the person fails to complete the approved course within 90 days after reinstatement or subsequently fails to complete treatment, the department shall cancel his or her driver license until the course and treatment, if applicable, is successfully completed, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon verification from the DUI program that the offender has reentered and is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of completion of treatment from the DUI program. The privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person who has been convicted of a violation of s. 316.193 until completion of the DUI program substance abuse education course and evaluations as provided in s. 316.193(5). Except as provided in paragraph (c), the privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person whose license is revoked pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and who has been convicted of a violation of s. 316.193 two or more times or whose license has been suspended two or more times for refusal to submit to a test pursuant to s. 322.2615 or former s. 322.261.
(b) The department may waive the hearing process for suspensions and revocations upon request by the driver if the driver has enrolled in or completed the applicable driver training course approved under s. 318.1451 or the DUI program substance abuse education course and evaluation provided in s. 316.193(5). However, the department may not waive the hearing for suspensions or revocations that involve death or serious bodily injury, multiple convictions for violations of s. 316.193 pursuant to s. 322.27(5), or a second or subsequent suspension or revocation pursuant to the same provision of this chapter. This paragraph does not preclude the department from requiring a hearing for any suspension or revocation that it determines is warranted based on the severity of the offense.
(c) A person whose license has been revoked for a period of 5 years or less pursuant to s. 322.28(2)(a) may, 12 months after the date the revocation was imposed, petition the department for reinstatement of his or her driving privilege on a restricted basis. A person whose license has been revoked for more than 5 years under s. 322.28(2)(a) may, 24 months after the date the revocation was imposed, petition the department for reinstatement of his or her driving privilege on a restricted basis. Reinstatement under this subsection is restricted to business or employment purposes only. In addition, the department shall require such persons upon reinstatement to have not driven and to have been drug free for at least 12 months immediately before the reinstatement, to be supervised by a DUI program licensed by the department, and to report to the program at least three times a year as required by the program for the duration of the revocation period for supervision. Such supervision includes evaluation, education, referral into treatment, and other activities required by the department. Such persons shall assume reasonable costs of supervision. If the person fails to comply with the required supervision, the program shall report the failure to the department, and the department shall cancel the person’s driving privilege. This paragraph does not apply to any person whose driving privilege has been permanently revoked.
(d) For the purpose of this section, a previous conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related offense outside this state or a previous conviction of former s. 316.1931, former s. 316.028, or former s. 860.01 is considered a previous conviction for violation of s. 316.193.
(e) The department, based upon review of the licensee’s application for reinstatement, may require use of an ignition interlock device pursuant to s. 322.2715.
(3) Upon such hearing, the department shall either suspend, affirm, or modify its order and may restore to the licensee the privilege of driving on a limited or restricted basis for business or employment use only.
(4) Notwithstanding the provisions of s. 322.28(2)(d), a person whose driving privilege has been permanently revoked because he or she has been convicted of DUI manslaughter in violation of s. 316.193 and has no prior convictions for DUI-related offenses may, upon the expiration of 5 years after the date of such revocation or the expiration of 5 years after the termination of any term of incarceration under s. 316.193 or former s. 316.1931, whichever date is later, petition the department for reinstatement of his or her driving privilege.
(a) Within 30 days after the receipt of such a petition, the department shall afford the petitioner an opportunity for a hearing. At the hearing, the petitioner must demonstrate to the department that he or she:
1. Has not been arrested for a drug-related offense during the 5 years preceding the filing of the petition;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been drug-free for at least 5 years prior to the hearing; and
4. Has completed a DUI program licensed by the department.
(b) At such hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive. Upon such determination, the department may, in its discretion, reinstate the driver license of the petitioner. Such reinstatement must be made subject to the following qualifications:
1. The license must be restricted for employment purposes for at least 1 year; and
2. Such person must be supervised by a DUI program licensed by the department and report to the program for such supervision and education at least four times a year or additionally as required by the program for the remainder of the revocation period. Such supervision shall include evaluation, education, referral into treatment, and other activities required by the department.
(c) Such person must assume the reasonable costs of supervision. If such person fails to comply with the required supervision, the program shall report the failure to the department, and the department shall cancel such person’s driving privilege.
(d) If, after reinstatement, such person is convicted of an offense for which mandatory revocation of his or her license is required, the department shall revoke his or her driving privilege.
(e) The department shall adopt rules regulating the providing of services by DUI programs pursuant to this section.
(5) Notwithstanding the provisions of s. 322.28(2)(d), a person whose driving privilege has been permanently revoked because he or she has been convicted four or more times of violating s. 316.193 or former s. 316.1931 may, upon the expiration of 5 years after the date of the last conviction or the expiration of 5 years after the termination of any incarceration under s. 316.193 or former s. 316.1931, whichever is later, petition the department for reinstatement of his or her driving privilege.
(a) Within 30 days after receipt of a petition, the department shall provide for a hearing, at which the petitioner must demonstrate that he or she:
1. Has not been arrested for a drug-related offense for at least 5 years prior to filing the petition;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been drug-free for at least 5 years prior to the hearing; and
4. Has completed a DUI program licensed by the department.
(b) At the hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive, and may, after such determination, reinstate the petitioner’s driver license. The reinstatement shall be subject to the following qualifications:
1. The petitioner’s license must be restricted for employment purposes for at least 1 year; and
2. The petitioner must be supervised by a DUI program licensed by the department and must report to the program for supervision and education at least four times a year or more, as required by the program, for the remainder of the revocation period. The supervision shall include evaluation, education, referral into treatment, and other activities required by the department.
(c) The petitioner must assume the reasonable costs of supervision. If the petitioner does not comply with the required supervision, the program shall report the failure to the department, and the department shall cancel such person’s driving privilege.
(d) If, after reinstatement, the petitioner is convicted of an offense for which mandatory license revocation is required, the department shall revoke his or her driving privilege.
(e) The department shall adopt rules regulating the services provided by DUI programs pursuant to this section.
(6) A person may not be issued a commercial driver license during a period in which such person is disqualified from operating commercial motor vehicles or in which the driving privilege of such person is suspended, revoked, or canceled.
(7) Notwithstanding the provisions of s. 322.2615(10)(a) and (b), a person who has never previously had a driver license suspended under s. 322.2615, has never been disqualified under s. 322.64, has never been convicted of a violation of s. 316.193, and whose driving privilege is now suspended under s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under subsection (2).
(a) For purposes of this subsection, a previous conviction outside of this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as provided in s. 316.193 will be considered a previous conviction for a violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for a violation of s. 316.193.
(b) The reinstatement shall be restricted to business purposes only, as defined in this section, for the duration of the suspension imposed under s. 322.2615.
(c) Acceptance of the reinstated driving privilege as provided in this subsection is deemed a waiver of the right to formal and informal review under s. 322.2615. The waiver may not be used as evidence in any other proceeding.
History.s. 6, ch. 59-278; s. 4, ch. 72-175; s. 6, ch. 74-384; s. 1, ch. 77-174; s. 20, ch. 78-95; s. 8, ch. 82-155; s. 9, ch. 84-359; s. 7, ch. 86-296; s. 2, ch. 89-525; s. 1, ch. 90-102; s. 3, ch. 90-253; ss. 11, 22, ch. 91-255; s. 5, ch. 93-246; s. 84, ch. 94-306; s. 940, ch. 95-148; s. 9, ch. 95-326; s. 42, ch. 95-333; s. 7, ch. 96-330; s. 11, ch. 96-414; s. 9, ch. 98-223; s. 7, ch. 99-234; s. 1, ch. 2005-138; s. 13, ch. 2009-183; s. 62, ch. 2010-5; ss. 36, 37, ch. 2010-223; s. 59, ch. 2013-160.

F.S. 322.271 on Google Scholar

F.S. 322.271 on Casetext

Amendments to 322.271


Arrestable Offenses / Crimes under Fla. Stat. 322.271
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.271.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FIGUEREDO, v. STATE, 275 So. 3d 229 (Fla. App. Ct. 2019)

. . . license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271 . . .

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

. . . 2016) (seemingly equating "driving privileges" with "driver license or learner's driver license"); § 322.271 . . . Stat. (2016) (stating, "[t]he privilege of driving ... given to a nonresident"); § 322.271(1)(a), Fla . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WALSH,, 204 So.3d 169 (Fla. Dist. Ct. App. 2016)

. . . sought early reinstatement of his driving privileges, petitioning for a “hardship license” under section 322.271 . . . that alcohol is a drug for purposes of determining the scope of what “drug-free” means under section 322.271 . . .

PITTS, v. STATE, 199 So. 3d 1106 (Fla. Dist. Ct. App. 2016)

. . . -4680, 2016 WL 3607204, at *6 (Fla. 2d DCA July 6, 2016) (en banc) (“Because sections 322.34(5) and 322.271 . . .

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

. . . To reach that conclusion, we relied on section 322.271(l)(b), Florida Statutes (1997), which deals with . . . In sum, Carroll held (a) that the term “driving privilege” in section 322.271(l)(b) carries a broader . . . the term “driver’s license” in section 322.34 means the same thing as “driving privilege” in section 322.271 . . . The driving privilege that is the subject of an application for restoration under section 322.271(l)( . . . Because sections 322.34(5) and 322.271(l)(b) operate harmoniously without denying “driver’s license” . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PEACOCK,, 185 So. 3d 632 (Fla. Dist. Ct. App. 2016)

. . . The' Department reliés upon sections 322.271(5)(c) and 322.28(5), Florida Statutes (2015), in support . . . Section 322.271 is entitled “Authority to modify revocation, cancellation, or suspension order.’’ . . . . § 322.271(5), Fla.’ Stat. (2015). . . . Section 322.271(5)(e) provides, “The petitioner -must assume the reasonable costs of- supervision. . . . Nor does it cite to section 322.271 as it does sections 322.2615 and 322.2616. . . .

GORDON, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 166 So. 3d 902 (Fla. Dist. Ct. App. 2015)

. . . See, e.g„ §§ 322.2615(8)(a),(b) and 322.271(2)(a), Fla. Stat. (2013). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HARTZOG,, 148 So. 3d 816 (Fla. Dist. Ct. App. 2014)

. . . denying respondent’s request for reinstatement, the hearing officer noted the requirement in section 322.271 . . . determination with respect to respondent’s qualifications, fitness, or need to drive as required by section 322.271 . . . The pertinent law in this case is section 322.271(5), Florida Statutes (2012), which provides in part . . .

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

. . . See § 322.271, Fla. . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . .

J. STANGARONE, v. STATE, 94 So. 3d 652 (Fla. Dist. Ct. App. 2012)

. . . See § 322.271(5), Fla. Stat. (2010). . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . . For example, section 322.271(l)(b), Florida Statutes (2009), which is referenced in section 322.27(5) . . .

BRADSHEER K. v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 20 So. 3d 915 (Fla. Dist. Ct. App. 2009)

. . . placement (see § 322.2715(4)) or upon review of the offender's application for license reinstatement (see § 322.271 . . .

STATE v. CLAYTON,, 994 So. 2d 388 (Fla. Dist. Ct. App. 2008)

. . . license for driving privileges restricted to business or employment purposes only, as defined by s. 322.271 . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . .

LESCHER, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 985 So. 2d 1078 (Fla. 2008)

. . . Section 322.271(4), Florida Statutes (1997), formerly provided that drivers whose licenses had been permanently . . . See § 322.271(4), Fla. Stat. (1997). . . . See 322.271(4), Fla. Stat. (Supp. 1998). . . . Neither section 322.28(2)(e) (the license revocation provision) nor section 322.271(4) (the hardship . . . Further, section 322.271(4) now contains no provision for such a felon to obtain a hardship license. . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . .

E. QUIRK, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 975 So. 2d 1270 (Fla. Dist. Ct. App. 2008)

. . . , and certify the same question that this court certified in Lescher: Does the amendment to section 322.271 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. A. JOHNSON,, 980 So. 2d 1118 (Fla. Dist. Ct. App. 2008)

. . . subsequently entered a final declaratory judgment in his favor, holding that the amended version of section 322.271 . . . Stat. § 322.271 that existed prior to the enactment of Chapter 98-223 is currently in effect; and (2) . . . record does not reveal the date — Johnson petitioned to have his license reinstated pursuant to section 322.271 . . . ’s petition is the fact that in 1998, the Legislature enacted chapter 98-223, which amended section 322.271 . . . Accordingly, the amended version of section 322.271(4) became effective on July 1, 2003, and Johnson . . .

DENNIS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES OF STATE OF FLORIDA, O. T. N., 972 So. 2d 924 (Fla. Dist. Ct. App. 2007)

. . . concluded that the appellant was not entitled to request a restricted, hardship license pursuant to section 322.271 . . . order addressing the appellant’s right to pursue a restricted, hardship license pursuant to section 322.271 . . .

STATE v. WELLS,, 965 So. 2d 834 (Fla. Dist. Ct. App. 2007)

. . . A hearing may be requested pursuant to s. 322.271. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BUTLER,, 959 So. 2d 434 (Fla. Dist. Ct. App. 2007)

. . . ‘Under section 322.271(2)(d), Florida Statutes (2005), the Department has legislative authority to require . . .

LEOPOLD, v. STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, BUREAU OF ADMINISTRATIVE REVIEWS,, 960 So. 2d 819 (Fla. Dist. Ct. App. 2007)

. . . We certify the same question that this court-certified in Lescher: Does the amendment to section 322.271 . . .

MULDER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 946 So. 2d 1240 (Fla. Dist. Ct. App. 2007)

. . . we certify the following question as one of great public importance: Does the amendment to section 322.271 . . .

LESCHER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 946 So. 2d 1140 (Fla. Dist. Ct. App. 2006)

. . . In the past, section 322.271(4), Florida Statutes, authorized a person whose license had been revoked . . . The legislature then adopted the provision as an amendment to. : section 322.271(4), effective July 1 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. GONZALEZ- ZAILA,, 920 So. 2d 1220 (Fla. Dist. Ct. App. 2006)

. . . Section 322.271(2)(d), Florida Statutes (2003) allows the DMV to require use of an ignition interlock . . . application for reinstatement, may require use of an ignition interlock device pursuant to s. 316.1937.” § 322.271 . . . [e.s.] § 322.271(3), Fla. Stat. (2003). . . . However, section 322.271(2)(d) was not raised or addressed in Dickenson, and that statute clearly allows . . . The DMV clearly has the legislated authority to do so under section 322.271(2)(d), Florida Statutes ( . . .

DUCKWORTH, v. STATE, 923 So. 2d 530 (Fla. Dist. Ct. App. 2006)

. . . records provisions of section 119.07(1), except that they may be admitted in proceedings under section 322.271 . . . from the provisions of § 119.07(1), except that the reports may be admitted in proceedings under § .322.271 . . . be used as evidence in any trial, except that the reports may be admitted in proceedings of Section 322.271 . . . applicant” (emphasis added), the sole exception being for administrative proceedings under sections 322.271 . . .

CORNELIUS, II, v. STATE, 913 So. 2d 1176 (Fla. Dist. Ct. App. 2005)

. . . his plea as involuntary in light of the Legislature’s enactment, effective July 1, 1998, of section 322.271 . . . prevents persons with lifetime driver’s license suspensions from applying for work permit licenses. § 322.271 . . . See § 322.271(2)(b), Fla. Stat. (1997). . . . See § 322.271, Fla. Stat. (Supp.1998). . . . I am writing to point out that section 322.271, Florida Statutes (Supp.1998) may, as applied to Cornelius . . .

HILL, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 891 So. 2d 1202 (Fla. Dist. Ct. App. 2005)

. . . As Hill’s application was made in April 2004, the law in effect at that time was section 322.271(4), . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. W. GASKINS,, 891 So. 2d 643 (Fla. Dist. Ct. App. 2005)

. . . Because the current version of section 322.271(4), Florida Statutes (2004), is applicable and does not . . . In 1996, pursuant to section 322.271(4), Florida Statutes (1995), Gaskins sought, and the Department . . . However, even if section 322.271(4) allows for unqualified reinstatement, based on Gaskins’ record and . . . the current version of section 322.271(4), Gaskins is not entitled to petition for any reinstatement . . . Gaskins contends that the 1995 version of section 322.271(4) is applicable and allows someone with his . . .

SEHNAL, v. STATE, 884 So. 2d 478 (Fla. Dist. Ct. App. 2004)

. . . . § 322.271, Fla. Stat. (Supp. 1998). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. FOUNTAIN,, 883 So. 2d 300 (Fla. Dist. Ct. App. 2004)

. . . See § 322.271(4)(a), Fla. Stat. (1997). . . . Court ruled chapter 98-223, Laws of Florida, which created, in part, the 1998 versions of sections 322.271 . . . See § 322.271(4)(a)-(b), Pla. Stat. 1997. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. BAILEY,, 870 So. 2d 47 (Fla. Dist. Ct. App. 2003)

. . . On remand, the circuit court must determine, in light of the criteria set out in section 322.271(4), . . . contain the factual findings relevant to Bailey’s eligibility for a hardship permit under former section 322.271 . . . (stating the appropriate standard for second-tier certiorari review by a district court). .Section 322.271 . . .

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

. . . Section 9 amends section 322.271, Florida Statutes, which deals with petitions for reinstatement of driving . . .

CANTRALL, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 828 So. 2d 1062 (Fla. Dist. Ct. App. 2002)

. . . At that time, section 322.271(4), Florida Statutes (1987), provided that he could apply for a driver’ . . . Effective July 1, 1998, however, the legislature amended section 322.271(4) and removed the language . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SCINTA,, 828 So. 2d 486 (Fla. Dist. Ct. App. 2002)

. . . and directing the DHSMV to afford her a full and fair hearing utilizing the 1997 version of section 322.271 . . .

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

. . . Department of Highway Safety and Motor Vehicles for reinstatement after five years, pursuant to section 322.271 . . .

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

. . . Section 9 amends section 322.271, Florida Statutes, which deals with petitions for reinstatement of driving . . .

BILOGAN, v. STATE, 802 So. 2d 459 (Fla. Dist. Ct. App. 2001)

. . . See § 322.271, Fla. Stat. (Supp.1998). The trial court denied Bilogan’s motion as untimely. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DAVIS, Jr., 775 So. 2d 989 (Fla. Dist. Ct. App. 2000)

. . . the order canceling his license, Davis could have requested an administrative hearing under section 322.271 . . . See § 322.271(l)(a), Fla. Stat. . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . . However, in referring specifically to the revocation provided for in the above subsection, section 322.271 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. G. ABBEY, Jr., 745 So. 2d 1024 (Fla. Dist. Ct. App. 1999)

. . . The Department based this decision on its conclusion that section 322.271(4)(a)(S), Florida Statutes . . . The circuit court granted Abbey’s petition based on its conclusion that section 322.271 does not require . . . The hearing officer based this decision on section 322.271(4)(a)(3), which requires a hardship license . . . Section 322.271 does not specifically require an applicant to be alcohol-free for five years and, in . . . Section 322.271(4)(a)(1), Florida Statutes (1997), also requires an applicant to prove that he or she . . .

DEPARTMENT OF HIGHWAY SAFETY, v. PARSONS,, 719 So. 2d 339 (Fla. Dist. Ct. App. 1998)

. . . Section 322.271 provides that such hardship license is not available to persons refusing to take a breath . . . The order of the circuit court under review here suspended or stayed the effect of section 322.271 pending . . . employment purposes only if the person is otherwise eligible for the driving privilege pursuant to s. 322.271 . . . person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. F. SINCLAIR, Jr., 697 So. 2d 230 (Fla. Dist. Ct. App. 1997)

. . . has been convicted twice for DUI within five years, who has not fulfilled the requirements of Section 322.271 . . . Rather, we agree with DHSMV that in accordance with section 322.271(2)(b), Florida Statutes (1995), it . . . DHSMV is authorized to issue such a license under 322.271(l)(c) which allows DHSMV to issue a business . . . In addition, section 322.271(2)(b), limits a hardship reinstatement for drivers convicted twice of DUI . . .

N. DAVIS, v. STATE, 688 So. 2d 996 (Fla. Dist. Ct. App. 1997)

. . . . § 322.271, Fla. Stat. (1993). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. LITSCH,, 664 So. 2d 25 (Fla. Dist. Ct. App. 1995)

. . . license for driving privilege restricted to business or employment purposes only, as defined in s. 322.271 . . . until successful completion of an approved substance abuse education course as required under section 322.271 . . . We approve the trial court’s conclusion that the effect of the reference to section 322.271 in section . . . trial court was of the added opinion that even if the substance abuse education contemplated under 322.271 . . . Section 322.271 requires an individual to take a substance abuse education class prior to obtaining a . . .

DAVIS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, STATE OF FLORIDA,, 660 So. 2d 775 (Fla. Dist. Ct. App. 1995)

. . . .” § 322.271(2)(b), Fla.Stat. (1993). . . . .” § 322.271(2)(b), Fla.Stat. (1993). Lakeview Center, Inc. . . . prior Florida Rules of Traffic Court, viz., Florida Administrative Code Rules 15A-10.000, et seq. §§ 322.271 . . .

CRAWFORD, v. STATE, 651 So. 2d 731 (Fla. Dist. Ct. App. 1995)

. . . license for driving privileges restricted to business or employment purposes only, as defined by s. 322.271 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. H. TREMMEL,, 634 So. 2d 742 (Fla. Dist. Ct. App. 1994)

. . . The Florida Legislature, during its 1990 session, had amended section 322.271(4), Florida Statutes (1989 . . . attorney’s letter as a request for a discretionary restricted hardship license hearing under section 322.271 . . .

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

. . . license for driving privileges restricted to business or employment purposes only, as defined by s. 322.271 . . .

MARTIN, v. STATE, 618 So. 2d 737 (Fla. Dist. Ct. App. 1993)

. . . license for driving privileges restricted to business or employment purposes only, as defined by s. 322.271 . . .

In AMENDMENTS TO THE FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 608 So. 2d 451 (Fla. 1992)

. . . 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271 . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271 . . .

STATE v. LITE,, 592 So. 2d 1202 (Fla. Dist. Ct. App. 1992)

. . . license for driving privileges restricted to business or employment purposes only, as defined by § 322.271 . . .

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

. . . to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in § 322.271 . . .

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

. . . of Highway Safety and Motor Vehicles to show cause why his license should not be revoked, see also § 322.271 . . .

In AMENDMENTS TO FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURT RULE, 531 So. 2d 150 (Fla. 1988)

. . . 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271 . . .

THE FLORIDA BAR. In RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 536 So. 2d 181 (Fla. 1988)

. . . 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271 . . .

THE FLORIDA BAR. In RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 530 So. 2d 274 (Fla. 1988)

. . . 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 494 So. 2d 1129 (Fla. 1986)

. . . 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271 . . .

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

. . . petition for certiorari in the circuit court alleges that Sections 322.264, 322.27(5) and (6), and 322.271 . . .

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

. . . Kassab, supra. .A prehearing should not be confused with that provided in § 322.271 in which all those . . .

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

. . . Section 322.271, Florida Statutes, F.S.A. . . .

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

. . . the enactment of provisions applying to the habitual traffic offender, the Legislature also amended § 322.271 . . .

NATIONAL UNION FIRE INS. CO. v. GARCIA,, 26 Fla. Supp. 78 (Dade Cty. Cir. Ct. 1965)

. . . . §322.271 (1) requires notice thereof to the insured upon such suspension. . . .

CASSESE v. DEPARTMENT OF PUBLIC SAFETY, 24 Fla. Supp. 54 (Dade Cty. Cir. Ct. 1964)

. . . S. 322.271 which read — Mr. H. N. . . . S. 322.271. . . . S. 322.271. . . . S. 322.271. . . . S. 322.271. . . .

JONES, v. H. N. KIRKMAN,, 138 So. 2d 513 (Fla. 1962)

. . . By Section 322.271, Florida Statutes, F.S.A., the Department of Public Safety is required to notify a . . .