F.S. 322.34 Florida Statutes and Case Law

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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322.34 Driving while license suspended, revoked, canceled, or disqualified.—

(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.

(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(42), except persons defined in s. 322.264, who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits:

(a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b)1. A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, upon a second or subsequent conviction, except as provided in paragraph (c).

2. A person convicted of a third or subsequent conviction, except as provided in paragraph (c), must serve a minimum of 10 days in jail.

(c) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, upon a third or subsequent conviction if the current violation of this section or the most recent prior violation of the section is related to driving while license canceled, suspended, revoked, or suspension or revocation equivalent status resulting from a violation of:

1. Driving under the influence;

2. Refusal to submit to a urine, breath-alcohol, or blood alcohol test;

3. A traffic offense causing death or serious bodily injury; or

4. Fleeing or eluding.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation, or suspension or revocation equivalent status; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.

(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver license or places a person under suspension or revocation equivalent status must contain a provision notifying the person that his or her driver license has been canceled, suspended, or revoked, or of such suspension or revocation equivalent status.

(5) Any person who has been designated a habitual traffic offender as defined by s. 322.264 and who drives any motor vehicle upon the highways of this state while designated a habitual traffic offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Any person who operates a motor vehicle:

(a) Without having a driver license as required under s. 322.03; or

(b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),

and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(7) Any person whose driver license or driving privilege has been canceled, suspended, revoked, or disqualified, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status, and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, or while under suspension or revocation equivalent status, upon:

(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8)(a) Upon the arrest of a person for the offense of driving while the person’s driver license or driving privilege is suspended or revoked, the arresting officer shall determine:

1. Whether the person’s driver license is suspended or revoked, or the person is under suspension or revocation equivalent status.

2. Whether the person’s driver license has remained suspended or revoked, or the person has been under suspension or revocation equivalent status, since a conviction for the offense of driving with a suspended or revoked license.

3. Whether the suspension, revocation, or suspension or revocation equivalent status was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders.

4. Whether the driver is the registered owner or co-owner of the vehicle.

(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.

(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within 7 business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.

(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:

1. The owner presents proof of insurance to the arresting agency; or

2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.7062 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver license is suspended, revoked, or canceled, or suspension or revocation equivalent status was imposed, as a result of a prior conviction for driving under the influence.

(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.

(c) Notwithstanding s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency. The remaining 70 percent of the proceeds shall first be applied to payment of court costs, fines, and fees remaining due, and any remaining balance of proceeds shall be deposited in the General Revenue Fund for use by local workforce development boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.

(10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person’s driver license or driving privilege is canceled, suspended, or revoked, or the person is under suspension or revocation equivalent status, for:

1. Failing to pay child support as provided in s. 322.245 or s. 61.13016;

2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);

3. Failing to comply with a civil penalty required in s. 318.15;

4. Failing to maintain vehicular financial responsibility as required by chapter 324;

5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or

6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver license or driver privilege for any underlying violation listed in subparagraphs 1.-5.

(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(11)(a) A person who does not hold a commercial driver license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.

(b) If adjudication is withheld under paragraph (a), such action is not a conviction.

History.—s. 46, ch. 19551, 1939; CGL 1940 Supp. 8135(60); s. 46, ch. 20451, 1941; s. 7, ch. 22858, 1945; s. 1, ch. s. 59-3; s. 214, ch. 71-136; s. 7, ch. 72-175; s. 4, ch. 76-153; s. 69, ch. 88-381; s. 23, ch. 89-282; s. 85, ch. 94-306; s. 941, ch. 95-148; s. 1, ch. 95-202; s. 1, ch. 95-278; s. 40, ch. 97-300; s. 12, ch. 98-223; s. 10, ch. 98-324; s. 108, ch. 99-13; s. 1, ch. 99-234; s. 46, ch. 99-248; s. 85, ch. 2000-165; s. 64, ch. 2008-4; s. 1, ch. 2008-53; s. 5, ch. 2009-206; s. 4, ch. 2010-107; s. 39, ch. 2010-223; s. 5, ch. 2014-225; s. 7, ch. 2016-179; s. 10, ch. 2016-216; s. 12, ch. 2019-167; s. 16, ch. 2021-187.

Statutes updated from Official Statutes on: March 07, 2023

F.S. 322.34 on Google Scholar

F.S. 322.34 on Casetext

Amendments to 322.34

Arrestable Offenses / Crimes under Fla. Stat. 322.34

Level: Degree
Misdemeanor/Felony: First/Second/Third

322.34 2 - MOVING TRAFFIC VIOL - KNOWINGLY DRIVE WHILE LIC SUSPENDED REVOKED - M: S

322.34 2a - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP 1ST OFF - M: S

322.34 2b - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP 2ND OFF - M: F

322.34 2c - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP 3RD OR SUBSQ OFF - F: T

322.34 5 - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP HABITUAL OFFENDER - F: T

322.34 6a - MOVING TRAFFIC VIOL - DRIVE WO LIC CAUSES DEATH/SERIOUS INJURY W VEH - F: T

322.34 6b - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSPENDED DEATH SERIOUS INJURY - F: T

322.34 7a - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP COMML VEH 1ST OFF - M: F

322.34 7b - MOVING TRAFFIC VIOL - DRIVE LIC SUSP COMML VEH 2ND OR SUBSQ OFF - F: T

322.34 10a - MOVING TRAFFIC VIOL - DRIVE WITH SUSPENDED REVOKED LICENSE - M: S

322.34 10a - MOVING TRAFFIC VIOL - DRIVE WITH SUSPENDED REVOKED LICENSE SUBSQ OFF - M: F

322.34 10b1 - MOVING TRAFFIC VIOL - DRIVE WITH SUSPENDED REVOKED LICENSE - M: S

322.34 10b2 - MOVING TRAFFIC VIOL - DRIVE WITH SUSPENDED REVOKED LICENSE SUBSQ OFF - M: F

Civil Citations / Citable Offenses under S322.34

R or S next to points is Mandatory Revocation or Suspension

S322.34 (1) Unknowingly operating vehicle while DL SUSPENDED/CANCELED/REVOKED [Can only be used for fail to pay or financial responsibility per 322.34(2)] (Does not apply to HTO/CMV driver - Points on Drivers License: 3

S322.34 (2) Operating while DL SUSPENDED/CANCELED/REVOKED (specify reason) - Points on Drivers License: 0

S322.34 (2)(a) Operating while DL Susp/Canceled/Revoked, 1st conviction - Points on Drivers License: 0

S322.34 (2)(b) Operating while DL Susp/Canceled/Revoked, 2nd conviction - Points on Drivers License: 0

S322.34 (2)(c) Operating while DL Susp/Canceled/Revoked, 3rd or subsequent - Points on Drivers License: 0

S322.34 (5) Operating while DL REVOKED for Habitual Traffic Offender - Points on Drivers License: 0

S322.34 (6)(a) Operating without a DL causing Death or Serious Bodily Injury, Felony of 3rd degree - Points on Drivers License: 0

S322.34 (6)(b) Operating while DL Susp/Canceled/Revoked causing Death or Serious Bodily Injury, Felony of 3rd degree - Points on Drivers License: 0

S322.34 (7) Operating CMV while DL is SUSPENDED/CANCELED/REVOKED/DISQUALIFIED - Points on Drivers License: 0

S322.34 (10)(a) Operating while DL SUSPENDED/CANCELED/REVOKED (specify reason) IF NO PRIOR FORCIBLE FELONY - Points on Drivers License: 0

Annotations, Discussions, Cases:

Raulerson v. State
763 So. 2d 285 (Fla. 2000) Cited 58 times
In Keirn, the Fourth District rejected the circuit court's ruling in Santiago and upheld the constitutionality of section 322.34( 1). See Keirn, 720 So.2d at 1086. The Fourth District stated that "[o]ne flaw in Santiago's reasoning is its assumption that the term `conviction' as used in section 322.34 requires an adjudication of the defendant's guilt." Id. The court noted that while an adjudication of guilty is generally required for there to be a "conviction," that term as used in Florida law is a "chameleon-like term which draws meaning from its statutory context." Id. After thoroughly analyzing the interaction of section 322.34( 1) with other related statutes, as well as the relevant legislative history surrounding section 322.34( 1), the Fourth District held that "a conviction under section 322.34 occurs after final disposition of a case, as a result of a trial or plea, without regard to the court's decision on adjudication of a defendant, unless the disposition is made pursuant to section 318.14(1), Florida Statutes (1995)." Id. at 1086. The Keirn court acknowledged the Fifth District's decision in Raulerson, but it did not join…

PAGE 290
Arthur v. State
818 So. 2d 589 (Fla. Dist. Ct. App. 2002) Cited 23 times
The court in Rodgers v. State, 804 So.2d 480 (Fla. 4th DCA 2001), misapprehended the nature of the criminal charge in Sylvester. The crime charged in Sylvester was a violation of § 322.34(2)(c), not § 322.34(5). The Rodgers court concluded that it was in conflict with Sylvester because the elements of section 322.34(5) did not include the prior DWLS convictions. It is true that § 322.34(5) does not have, as an element, the prior DWLS convictions, but in the subsection under which Sylvester was charged (§ 322.34(2)(c)), the prior offenses are an element of the offense.
PAGE 593
Finney v. State
219 So. 3d 254 (Fla. Dist. Ct. App. 2017) Cited 4 times
Motion to dismiss
Based on this clear and unambiguous language, we agree with Finney that section 322.34(2) does not apply to persons who are habitual traffic offenders. See State v. Harvey , 693 So.2d 1009, 1010 (Fla. 4th DCA 1997) ("Under the plain meaning of section 322.34(1) [now (2) ], persons who have been declared habitual traffic offenders are excluded from its application. Instead, section 322.34(2) [now (5) ] applies to habitual traffic offenders who drive while their license is revoked."); see also Gil v. State , 118 So.3d 787, 791 (Fla. 2013) (noting that section 322.34(2)"expressly provides that it does not apply to habitual traffic offenders "). Accordingly, Finney, an undisputed habitual traffic offender, cannot be prosecuted under section 322.34(2)(c).
PAGE 256
Huss v. State
771 So. 2d 591 (Fla. Dist. Ct. App. 2000) Cited 30 times
At the time of the offense at issue, section 322.34 provided in part:
Robinson v. State
290 So. 3d 1007 (Fla. Dist. Ct. App. 2020) Cited 1 times
Motion to dismiss
If a DHSMV notice is an element of an offense under section 322.34(5), and the same notice satisfies the "knowledge" required under section 322.34(2), the internal logic that both Rodgers and Fields proceeded under to resolve the issue before those courts begins to collapse. Because both courts made clear that section 322.34(2) and section 322.34(5) offenses, though related, are not to be conflated.
PAGE 1017
State v. Keirn
720 So. 2d 1085 (Fla. Dist. Ct. App. 1998) Cited 27 times
Motion to dismiss
Appellee, Michael Keirn, was charged by information with possession of cannabis, driving under the influence, and felony driving while license suspended in violation of section 322.34(1)(c), Florida Statutes (1995). The information charged that Keirn had two prior convictions. Keirn moved to dismiss the driving while license suspended charge. Section 322.34(1) provides:
Gil v. State
118 So. 3d 787 (Fla. 2013) Cited 11 times
Motion to dismiss
We conclude that the decision below must be quashed. Gil cannot be prosecuted under sections 322.34(2) and 322.34(5) for two reasons. First, the plain language of section 322.34 reflects that the crimes delineated in subsections (2) and (5) are mutually exclusive. Second, subsections (2) and (5) constitute variant offenses and, therefore, dual prosecutions of Gil under these provisions would violate the Double Jeopardy Clauses of both the United States and Florida Constitutions.
PAGE 791
Crain v. State
79 So. 3d 118 (Fla. Dist. Ct. App. 2012) Cited 7 times
I respectfully dissent from the majority opinion for I believe it reaches a result not intended by the Legislature. Section 322.34 sets forth an overall scheme by which the Legislature penalizes individuals who persist in driving even though their driver's license or driving privilege has been suspended or revoked. Although subsection (5), the provision at issue here, does not refer to revocation of one's “driver's license or driving privilege,” virtually all the other subsections in the statute do. See §§ 322.34( 1) (prohibiting driving while “driver's license or driving privilege” canceled, suspended or revoked); 322.34( 2) (prohibiting knowingly driving while “driver's license or driving privilege” canceled, suspended or revoked); 322.34( 6) (making it a third degree felony to cause death or serious bodily to a person by negligent operation of vehicle when “driver's license or driving privilege” canceled, suspended or revoked under specified statutes); 322.34( 7) (prohibiting driving of commercial vehicle while “driver's license or driving privilege” canceled, suspended or revoked); 322.34( 8)(a) (“Upon the arrest of a…

PAGE 122
Thompson v. State
887 So. 2d 1260 (Fla. 2004) Cited 11 times
Under the current statute, "[t]he element of knowledge is satisfied if the person has been previously cited as provided in subsection (1)," that is, driving with a canceled, suspended, or revoked driver's license without proof of knowledge of the cancellation, suspension, or revocation of the driver's license. See § 322.34(2), Fla. Stat. (Supp. 1998). Thompson's previous convictions under the pre-amendment statute satisfy this criteria. Thompson's conviction under the amended statute meets the requirements of section 322.34(2)(a), in that his previous convictions without proof of knowledge satisfy the knowledge element required for the current conviction. Thus, Thompson can be adjudged guilty of a misdemeanor of the second degree, as provided in section 322.34(2)(a).
PAGE 1266
State v. Fields
809 So. 2d 99 (Fla. Dist. Ct. App. 2002) Cited 9 times
It is only by deductive reasoning that one concludes the crimes charged in the instant cases relate to section 322.34(5), Florida Statutes, as opposed to section 322.34(2). Simply stated, there are two methods for establishing a third-degree felony with respect to one being charged for driving after license has been cancelled, suspended, or revoked under section 322.34. The first is section 322.34(2), which provides a straightforward procedure for matching increased punishment to additional driving offenses provided the accused knows of his former driver's license cancellations, suspensions, or revocations. The first two offenses under section 322.34(2) are misdemeanors, whereas a third or subsequent conviction is a third-degree felony. The second method is under section 322.34(5), which is an entirely dependent provision with respect to an accused's having been determined to be a habitual traffic offender pursuant to section 322.264. Both provisions achieve the same result by different methods of proof.