Florida Statute 322.055 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.055

322.055 Revocation or suspension of, or delay of eligibility for, driver license for persons 18 years of age or older convicted of certain drug offenses.—

(1) Notwithstanding s. 322.28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to suspend the person’s driver license or driving privilege. The suspension shall be 6 months or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.

(2) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is eligible by reason of age for a driver license or privilege, the court shall direct the department to withhold issuance of such person’s driver license or driving privilege for a period of 6 months after the date the person was convicted or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.

(3) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person’s driver license or driving privilege is already under suspension or revocation for any reason, the court shall direct the department to extend the period of such suspension or revocation by an additional period of 6 months or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.

(4) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of such person’s driver license or driving privilege for a period of 6 months after the date that he or she would otherwise have become eligible or until he or she becomes eligible by reason of age for a driver license and is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license.

(5) A court that orders the revocation or suspension of, or delay in eligibility for, a driver license pursuant to this section shall make a specific, articulated determination as to whether the issuance of a license for driving privilege restricted to business purposes only, as defined in s. 322.271, is appropriate in each case.

(6) Each clerk of court shall promptly report to the department each conviction for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance.

History.—s. 12, ch. 87-243; s. 4, ch. 89-281; s. 7, ch. 90-265; s. 74, ch. 94-306; s. 928, ch. 95-148; s. 60, ch. 99-8; s. 281, ch. 99-248; s. 59, ch. 2014-19; s. 28, ch. 2014-216; s. 9, ch. 2019-167.

F.S. 322.055 on Google Scholar

F.S. 322.055 on Casetext

Amendments to 322.055

Arrestable Offenses / Crimes under Fla. Stat. 322.055

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.055.

Annotations, Discussions, Cases:

Cases Citing Statute 322.055

Total Results: 20

Figueredo v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Citation: 275 So. 3d 229

Snippet: suspended for a period of five years. Section 322.055(1), Florida Statutes (2015), provides a basis for

Figueredo v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Citation: 275 So. 3d 229

Snippet: suspended for a period of five years. Section 322.055(1), Florida Statutes (2015), provides a basis for

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-02

Citation: 198 So. 3d 1151, 2016 Fla. App. LEXIS 13279, 2016 WL 4607547

Snippet: suspended or revoked”); see also §§ 322.055(l)-(4) (providing for revocation or suspension

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Snippet: privilege is suspended or revoked"); see also §§ 322.055(1)-(4) (providing for revocation or suspension

Brunson v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

Citation: 31 So. 3d 926, 2010 Fla. App. LEXIS 4193, 2010 WL 1347321

Snippet: 1308 (Fla. 1st DCA 1995) (holding, per section 322.055, Florida Statutes, a trial court only has the authority

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

Court: District Court of Appeal of Florida | Date Filed: 2009-09-25

Citation: 20 So. 3d 915, 2009 Fla. App. LEXIS 14399, 2009 WL 3047325

Snippet: court considered the constitutionality of section 322.055(1), Florida Statutes, which provided that the sentencing

State v. Clayton

Court: District Court of Appeal of Florida | Date Filed: 2008-10-22

Citation: 994 So. 2d 388, 2008 WL 4643367

Snippet: adjudication for a drug offense because section 322.055(1) requires the court to direct the Department

Bolware v. State

Court: Supreme Court of Florida | Date Filed: 2008-09-18

Citation: 995 So. 2d 268

Snippet: revoked his driver's license pursuant to section 322.055(1), Florida Statutes (1997).[2] 716 So.2d at 828

Pugh v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-01-02

Citation: 971 So. 2d 225, 2008 WL 34817

Snippet: ordering a driver's license revocation under section 322.055(1), Florida Statutes (2005). Solicitation to deliver

Lescher v. DEPARTMENT OF HIGHWAY SAFETY

Court: District Court of Appeal of Florida | Date Filed: 2006-12-20

Citation: 946 So. 2d 1140, 2006 WL 3733197

Snippet: driver's license would be revoked under section 322.055(1), Florida Statutes (1997). Judge Gross wrote

State v. R.A.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-24

Citation: 928 So. 2d 1258, 2006 Fla. App. LEXIS 8104, 2006 WL 1409101

Snippet: provides: Notwithstanding the provisions of section 322.055, if a person under 18 years of age is found guilty

Ayoub v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-05-04

Citation: 901 So. 2d 311, 2005 WL 1025960

Snippet: Ayoub's driving privilege for two years. See § 322.055, Fla. Stat. (2002); Martin v. State, 618 So.2d

Beard v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-16

Citation: 874 So. 2d 1274, 2004 Fla. App. LEXIS 8350, 2004 WL 1330365

Snippet: Florida Statutes (2002), rather than section 322.055(1). In *1275all other respects, the convictions

Huesca v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-03-28

Citation: 841 So. 2d 585, 2003 WL 1566584

Snippet: license pursuant to section 322.055(1), Florida Statutes (2001). Section 322.055(1) provides, in part, that:

Frasilus v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-03-21

Citation: 840 So. 2d 1117, 2003 WL 1386668

Snippet: was improper as applied to him because section 322.055(1), Florida Statutes,[3] requires a "conviction

Prianti v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-06-05

Citation: 819 So. 2d 231, 2002 WL 1174619

Snippet: revocation of a driver's license under section 322.055(1) is a direct consequence. Whipple v. State, 789

Partlow v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

Citation: 813 So. 2d 999, 2002 WL 429073

Snippet: revocation of a driver's license under section 322.055(1)although not directly included within the statute

Vichich v. DHSMV

Court: District Court of Appeal of Florida | Date Filed: 2001-09-21

Citation: 799 So. 2d 1069, 2001 WL 1104242

Snippet: (1999) (arresting law enforcement officer); §§ 322.055, .056, .28, Fla. Stat. (1999) (court). When a driver's

Whipple v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-06-27

Citation: 789 So. 2d 1132, 2001 WL 716760

Snippet: driver's license would be revoked pursuant to section 322.055(1). At sentencing, the court imposed the mandatory

State v. M.L.R.

Court: District Court of Appeal of Florida | Date Filed: 1998-12-16

Citation: 722 So. 2d 259, 1998 Fla. App. LEXIS 15688

Snippet: prohibition. (1) Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty