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: Fla. Dist. Ct. App. | Date Filed: 2019-06-28T00:00:00-07:00

Citation: 275 So. 3d 229

Snippet: suspended for a period of five years. Section 322.055(1), Florida Statutes (2015), provides a basis for…s driver's license as provided in section 322.055(1), Florida Statutes. REVERSE and REMAND. COHEN

Figueredo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-28T00:00:00-07:00

Citation: 275 So. 3d 229

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-02T00:00:00-07:00

Citation: 198 So. 3d 1151

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

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-06T00:53:00-07:00

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

Brunson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-31T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-09-25T00:00:00-07:00

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…person convicted of a specified drug offense. § 322.055(1), Fla. Stat. (Supp. 1990). The court determined…legitimate legislative goal.... Accordingly, subsection 322.055(1) is constitutionally valid even without the requirement

State v. Clayton

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-22T00:53:00-07:00

Citation: 994 So. 2d 388

Snippet: adjudication for a drug offense because section 322.055(1) requires the court to direct the Department …withdraw his plea. Reversed. NOTES [1] Section 322.055(1), Florida Statutes (2007), provides for a suspension…) after six months of suspension. [2] Section 322.055(1) provides: Notwithstanding the provisions of

Bolware v. State

Court: Fla. | Date Filed: 2008-09-18T00:53:00-07:00

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…licenses of certain drug offenders, see, e.g., § 322.055, Fla. Stat. (2007), or of defendants convicted …. Stat. § 985.231(a)(4). Finally, Fla. Stat. § 322.055 expressly requires the Court to direct the department…the defendant's driver's license. See § 322.055(1), Fla. Stat. [3] We recognize that Bolware'

Pugh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-01T23:53:00-08:00

Citation: 971 So. 2d 225

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

Lescher v. DEPARTMENT OF HIGHWAY SAFETY

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-19T23:53:00-08:00

Citation: 946 So. 2d 1140

Snippet: driver's license would be revoked under section 322.055(1), Florida Statutes (1997). Judge Gross wrote …two year license revocation mandated by section 322.055(1) was definite, immediate, and automatic upon

State v. R.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-24T00:00:00-07:00

Citation: 928 So. 2d 1258

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

Ayoub v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-04T00:53:00-07:00

Citation: 901 So. 2d 311

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

Beard v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-16T00:00:00-07:00

Citation: 874 So. 2d 1274

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

Huesca v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-27T23:53:00-08:00

Citation: 841 So. 2d 585

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

Frasilus v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-20T23:53:00-08:00

Citation: 840 So. 2d 1117

Snippet: was improper as applied to him because section 322.055(1), Florida Statutes,[3] requires a "conviction… the merits of the issue as to whether section 322.055, Florida Statutes requires an adjudication of guilt

Prianti v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-05T00:53:00-07:00

Citation: 819 So. 2d 231

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

Partlow v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-19T23:53:00-08:00

Citation: 813 So. 2d 999

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

Vichich v. DHSMV

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-21T00:53:00-07:00

Citation: 799 So. 2d 1069

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

Whipple v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-27T00:53:00-07:00

Citation: 789 So. 2d 1132

Snippet: s license would be revoked pursuant to section 322.055(1). At sentencing, the court imposed the mandatory…understood that he was subject to a suspension under 322.055(1). In this case, while appellant was advised that

State v. M.L.R.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-16T00:00:00-08:00

Citation: 722 So. 2d 259

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