Florida Statute 322.0261 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.0261

322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course.—

(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following:

(a) A crash involving death or a bodily injury requiring transport to a medical facility;

(b) A second crash by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500; or

(2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(a) or paragraph (1)(b), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The department shall include in the course curriculum instruction specifically addressing the rights of vulnerable road users as defined in s. 316.027 relative to vehicles on the roadway. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(3) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(c), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The course must include behind-the-wheel instruction and an assessment of the operator’s ability to safely operate a motor vehicle. Successful completion of a behind-the-wheel examination is required in order to receive completion credit for the course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(4)(a) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(b) Any operator who receives a traffic citation for a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or s. 316.192, for which the court withholds adjudication, is not required to attend a driver improvement course, unless the court finds that the nature or severity of the violation is such that attendance to a driver improvement course is necessary. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(c) Any operator who receives a traffic citation for a violation of s. 316.172, for which the court withholds adjudication, is required to attend a driver improvement course. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(5) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, crash avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.

History.—s. 27, ch. 90-119; s. 72, ch. 94-306; s. 280, ch. 99-248; s. 5, ch. 2005-194; s. 3, ch. 2009-138; s. 9, ch. 2009-183; s. 12, ch. 2010-198; s. 3, ch. 2014-225; s. 5, ch. 2022-180.

F.S. 322.0261 on Google Scholar

F.S. 322.0261 on Casetext

Amendments to 322.0261

Arrestable Offenses / Crimes under Fla. Stat. 322.0261

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.0261.

Annotations, Discussions, Cases:

Cases Citing Statute 322.0261

Total Results: 20

John Eugene Williams, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: privilege” encompasses “driver license.” See, e.g., § 322.0261(2), Fla. Stat. (2016) (requiring the cancellation

John Goodman v. Florida Department of Law Enforcement

Court: Fla. | Date Filed: 2018-02-01T00:00:00-08:00

Citation: 238 So. 3d 102

Snippet: The purpose of those portions of sections 322.261 and 322.262 6 which direct law enforcement

State v. Geiss

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-22T00:00:00-07:00

Citation: 70 So. 3d 642, 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

Snippet: obvious legislative intent" of former section 322.261 led to the "inescapable conclusion that a

State v. Langsford

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-27T00:00:00-08:00

Citation: 816 So. 2d 136, 2002 Fla. App. LEXIS 3939, 2002 WL 460396

Snippet: This it has done through the enactment of section 322.261, Florida Statutes (1975) [now sections 316.1932

State v. Miles

Court: Fla. | Date Filed: 2000-11-29T23:53:00-08:00

Citation: 775 So. 2d 950

Snippet: law: The purpose of those portions of sections 322.261 and 322.262[[3]] which direct law enforcement to

State v. Kliphouse

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-27T00:00:00-07:00

Citation: 771 So. 2d 16

Snippet: 22] Then numbered section 322.261(1)(c). [23] Then numbered section 322.261(1)(a). 4D99-1608… was authorized under Florida Statutes section 322.261(1)(b) (1989), a predecessor to section 316.1932

STATE, DEPT. OF HWY. SAFETY v. Degrossi

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-09T00:53:00-07:00

Citation: 680 So. 2d 1093

Snippet: suspension and, except as provided in former s. 322.261, no suspension or revocation of a driving privilege

State v. Rivas-Marmol

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-31T00:53:00-07:00

Citation: 679 So. 2d 808

Snippet: This it has done through the enactment of section 322.261, Florida Statutes (1975) [now section 316.1932,

Ago

Court: Fla. Att'y Gen. | Date Filed: 1995-09-13T00:53:00-07:00

Snippet: improvement course pursuant to sections318.14(9), 322.0261, and 322.291, Florida Statutes, but does not otherwise…attend a course, as it relates to ss. 318.14(9),322.0261, and 322.291, which shall be remitted to the Department…infraction is reduced by 18 percent. Under section 322.0261(1), Florida Statutes (1994 Supp.), the Department…Butterworth Attorney General RAB/tls 1 Section 322.0261(2), Fla. Stat. (1993 Supp.). 2 See, Alsop v. Pierce

Davidson v. MacKinnon

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-02T00:53:00-07:00

Citation: 656 So. 2d 223

Snippet: breath test. Ch. 67-308, Laws of Fla., enacting § 322.261, Fla. Stat. (1967). Davidson's argument that

State v. Slaney

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-22T00:00:00-08:00

Citation: 653 So. 2d 422

Snippet: This it has done through the enactment of section 322.261, Florida Statues (1975) [now sections 316.1932,

DEPT. OF HWY. SAFETY v. Stewart

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-15T00:53:00-07:00

Citation: 625 So. 2d 123

Snippet: of the lower court's decision that sections 322.261 and 322.2615, Florida Statutes (1991) are facially

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

Court: Fla. | Date Filed: 1992-10-22T00:00:00-07:00

Citation: 608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Snippet: Procedures. — In all hearings arising under Section 322.261, Florida Statutes, the following procedure shall…Hearings. — In- all hearings arising under Section 322.261, Florida Statutes, a defendant mayj- at the time

Robertson v. State

Court: Fla. | Date Filed: 1992-07-16T00:53:00-07:00

Citation: 604 So. 2d 783

Snippet: 1982, these sections were codified in sections 322.261 and 322.262, Florida Statutes (1981). Id. at 759…Bender, 382 So.2d 697, 699 (Fla. 1980). [17] §§ 322.261, 322.262, Fla. Stat. (1977). These provisions were

State v. Burke

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-13T00:53:00-07:00

Citation: 599 So. 2d 1339

Snippet: (Fla. 1989). Prior to the adoption of section 322.261 and section 322.262, Florida Statutes (1977) (now…the statute. The purposes for adopting section 322.261 and section 322.262, Florida Statutes (which direct

State v. Reisner

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-08T00:53:00-07:00

Citation: 584 So. 2d 141

Snippet: 382 So.2d 697 (Fla. 1980) (discussing section 322.261, Florida Statutes (1977). 90-2355 District

State v. McInnis

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-13T00:53:00-07:00

Citation: 581 So. 2d 1370

Snippet: year (for a second refusal). See §§ 316.1932, 322.261, Fla. Stat. (1989). If later convicted of DUI,

Darley v. Marquee Enterprises, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-23T00:53:00-07:00

Citation: 565 So. 2d 715

Snippet: from Susan Darley, pursuant to Florida Statutes 322.261(2)(c), Florida Statutes (1981). On cross-examination

Vernon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1990-03-29T00:00:00-08:00

Citation: 558 So. 2d 535, 1990 Fla. App. LEXIS 2125, 1990 WL 35929

Snippet: implied consent hearing held pursuant to Section 322.261, Florida Statutes (1987), the county court placed… stating that the burden of proof in a section 322.261 hearing should be on the state. We therefore grant

State v. Johnston

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-12T23:53:00-08:00

Citation: 553 So. 2d 730

Snippet: warnings under section 322.261(3)(d), Florida Statutes (1987). Reasoning that section 322.261(1) requires an …LAWFUL REFUSAL UNDER SECTION 322.261, FLORIDA STATUTES? Under section 322.261(1), where a person refuses…do so results in a lawful refusal under section 322.261, the court found there was, in fact, a lawful refusal…REQUISITES OF AN UNLAWFUL REFUSAL UNDER SECTION 322.261(3), FLORIDA STATUTES, SHOULD THE REFUSAL BE DEEMED…reasonable cause. (Emphasis added.) Under section 322.261(3), the question of whether the person "lawfully