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.
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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.
Notes of Decisions
Cited in 39
cases, 1989–2019 · leading case: Bolware v. State
Bolware v. State (2008)
“Finally, Fla. Stat. § 322.055 expressly requires the Court to direct the department to revoke driving privileges of any person 18 years of age or older convicted of possession or sale or conspiracy to possess, sell or traffic in any controlled substance.”
Lite v. State (1993)
“4th DCA 1992), in which the district court upheld the constitutionality of subsection 322.055(1), Florida Statutes (Supp.”
Bradsheer v. Florida Department of Highway Safety & Motor Vehicles (2009)
“§ 322.055(1), Fla. Stat. (Supp. 1990). The court determined the license revocation provision was rationally related to the legislative goal, rejecting Lite's argument that the statute was an arbitrary exercise of the state's police power because a driver's license could be…”
State v. Lite (1992)
“Pursuant to section 322.055(1), only those convicted of possession, sale or trafficking of controlled substances must have their licenses revoked.”
Daniels v. State (1998)
“The court ordered revocation pursuant to section 322.055 and directed Daniels to surrender his license to the clerk.”
Vinyard v. State (1991)
“[2] Section 322.055, Florida Statutes (1987), reads: (1) Notwithstanding the provisions of s.”
Brunson v. State (2010)
“1st DCA 1995) (holding, per section 322.055, Florida Statutes, a trial court only has the authority to direct the Department of Highway Safety and Motor Vehicles to suspend a defendant's license, but may not revoke the license itself); Crawford v.”
Ayoub v. State (2005)
“See § 322.055, Fla. Stat. (2002); Martin v. State, 618 So.”
Crawford v. State (1995)
“271, if the person is otherwise qualified for such a license.”
Lescher v. DEPARTMENT OF HIGHWAY SAFETY (2006)
“4th DCA 1998), a defendant who had entered a plea to drug possession moved to withdraw his plea because he had not been informed that as a result of his plea his driver's license would be revoked under section 322.055(1), Florida Statutes (1997).”
Martin v. State (1993)
“00 as costs for participation in the Bay County Work Program is not authorized by statute, and (2) the trial court's suspension of his driver's license was improper, because it was not done in accordance with section 322.055, Florida Statutes. We reverse the assessment of 0.”
Huesca v. State (2003)
“Huesca next submits that the trial court improperly directed the Department of Highway Safety and Motor Vehicles to revoke his license pursuant to section 322.055(1), Florida Statutes (2001).”
— 322.055(1) — 29 cases
Lite v. State (1993)
“4th DCA 1992), in which the district court upheld the constitutionality of subsection 322.055(1), Florida Statutes (Supp.”
Bradsheer v. Florida Department of Highway Safety & Motor Vehicles (2009)
“§ 322.055(1), Fla. Stat. (Supp. 1990). The court determined the license revocation provision was rationally related to the legislative goal, rejecting Lite's argument that the statute was an arbitrary exercise of the state's police power because a driver's license could be…”
State v. Lite (1992)
“Pursuant to section 322.055(1), only those convicted of possession, sale or trafficking of controlled substances must have their licenses revoked.”
Bolware v. State (2008)
“Finally, Fla. Stat. § 322.055 expressly requires the Court to direct the department to revoke driving privileges of any person 18 years of age or older convicted of possession or sale or conspiracy to possess, sell or traffic in any controlled substance.”
Daniels v. State (1998)
“The court ordered revocation pursuant to section 322.055 and directed Daniels to surrender his license to the clerk.”
— 322.055(l) — 1 case
Burgess v. State (2016)
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