Florida Statute 322.055 - Full Text and Legal Analysis

The 2025 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.

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F.S. 322.055 on CourtListener

Amendments to 322.055

Annotations, Discussions, Cases:

Cases Citing Statute 322.055

Total Results: 36

Daniels v. State

716 So. 2d 827, 1998 WL 537277

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 424574

Cited 23 times | Published

driver's license would be revoked pursuant to section 322.055(1), Florida Statutes (1997).[1] The trial court

Ayoub v. State

901 So. 2d 311, 2005 WL 1025960

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1216237

Cited 13 times | Published

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

Bolware v. State

995 So. 2d 268, 33 Fla. L. Weekly Fed. S 645

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 2544788

Cited 11 times | Published

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

Whipple v. State

789 So. 2d 1132, 2001 WL 716760

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 2535894

Cited 10 times | Published

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

Vinyard v. State

586 So. 2d 1301, 1991 WL 196284

District Court of Appeal of Florida | Filed: Oct 2, 1991 | Docket: 2524686

Cited 7 times | Published

suspending his driver's license pursuant to section 322.055(1). Since the language in section 893.13(1)(a)

Prianti v. State

819 So. 2d 231, 2002 WL 1174619

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1971620

Cited 5 times | Published

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

Crawford v. State

651 So. 2d 731, 1995 WL 80005

District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 1518282

Cited 5 times | Published

This appeal is solely from that direction. Section 322.055(1), Florida Statutes (1993), provides a basis

State v. MD

706 So. 2d 41, 1998 WL 10766

District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 1682415

Cited 4 times | Published

suspension required by the statute. Although section 322.055, Florida Statutes (1995), imposes similar suspension

Martin v. State

618 So. 2d 737, 1993 WL 105445

District Court of Appeal of Florida | Filed: Apr 12, 1993 | Docket: 1720328

Cited 4 times | Published

because it was not done in accordance with section 322.055, Florida Statutes. We reverse the assessment

Blair v. State

554 So. 2d 1226, 1990 WL 782

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 2561642

Cited 4 times | Published

for a period of thirty-six (36) months... ." Section 322.055(1), Florida Statutes (1987) authorizes the

Brunson v. State

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

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647861

Cited 3 times | Published

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

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

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

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1639907

Cited 3 times | Published

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

Lescher v. DEPARTMENT OF HIGHWAY SAFETY

946 So. 2d 1140, 2006 WL 3733197

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1770991

Cited 3 times | Published

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

Huesca v. State

841 So. 2d 585, 2003 WL 1566584

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1233687

Cited 3 times | Published

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

State v. Lite

592 So. 2d 1202, 1992 WL 7213

District Court of Appeal of Florida | Filed: Jan 22, 1992 | Docket: 1429648

Cited 3 times | Published

03(2)(a)4, Florida Statutes (1990). Pursuant to section 322.055(1), Florida Statutes (Supp. 1990), appellee's

Frasilus v. State

840 So. 2d 1117, 2003 WL 1386668

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 2561879

Cited 2 times | Published

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

Partlow v. State

813 So. 2d 999, 2002 WL 429073

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1403084

Cited 2 times | Published

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

Callahan v. State

550 So. 2d 79, 1989 WL 105634

District Court of Appeal of Florida | Filed: Sep 13, 1989 | Docket: 1370388

Cited 2 times | Published

substance listed in sections 893.03(1) or (2). § 322.055(1), Fla. Stat. (1987).

State v. Clayton

994 So. 2d 388, 2008 WL 4643367

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1667024

Cited 1 times | Published

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

Pugh v. State

971 So. 2d 225, 2008 WL 34817

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1446942

Cited 1 times | Published

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

Pugh v. State

971 So. 2d 225, 2008 WL 34817

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1446942

Cited 1 times | Published

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

State v. Lawton

588 So. 2d 72, 1991 WL 225561

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 418862

Cited 1 times | Published

order refusing to apply the provisions of section 322.055(1), Florida Statutes (1991). That section mandates

Figueredo v. State

275 So. 3d 229

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 64719074

Published

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

Figueredo v. State

275 So. 3d 229

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 64719073

Published

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

State v. R.A.

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

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64844643

Published

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

Beard v. State

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

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 64831044

Published

28(2)(e), Florida Statutes (2002), rather than section 322.055(1). In *1275all other respects, the convictions

Easley v. State

709 So. 2d 646, 1998 Fla. App. LEXIS 4775, 1998 WL 210775

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 64780257

Published

of his driver’s license is provided for in section 322.055(1), Florida Statutes (1995). The trial judge’s

State v. M.D.

706 So. 2d 41, 1998 Fla. App. LEXIS 177

District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 64779021

Published

suspension required by the statute. Although section 322.055, Florida Statutes (1995), imposes similar suspension

Crisel v. State

677 So. 2d 95, 1996 Fla. App. LEXIS 7861, 1996 WL 413709

District Court of Appeal of Florida | Filed: Jul 25, 1996 | Docket: 64766256

Published

the appellant’s driver’s license pursuant to section 322.055(1), Florida Statutes (1993). The appellant

Lee v. State

673 So. 2d 990, 1996 Fla. App. LEXIS 5512, 1996 WL 280030

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64764760

Published

(1993). This crime is not within the ambit of section 322.055(1), Florida Statutes (1993) regarding the suspension

Nance v. State

674 So. 2d 888, 1996 Fla. App. LEXIS 5535, 1996 WL 281499

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765069

Published

two years. The proper procedure pursuant to section 322.055, Florida Statutes (1993), is for the trial

State, Department of Highway Safety & Motor Vehicles v. Litsch

664 So. 2d 25, 1995 Fla. App. LEXIS 12300, 1995 WL 689541

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 64760537

Published

work/business purposes to Appellee pursuant to section 322.055(1), Florida Statutes. Appellee entered a guilty

Gilbert v. State

659 So. 2d 365, 1995 Fla. App. LEXIS 7108, 1995 WL 363377

District Court of Appeal of Florida | Filed: Jun 20, 1995 | Docket: 64758334

Published

for further proceedings in accordance with section 322.055, Florida Statutes and Vinyard v. State, 586

Nichols v. State

559 So. 2d 104, 1990 Fla. App. LEXIS 2086, 1990 WL 35355

District Court of Appeal of Florida | Filed: Mar 28, 1990 | Docket: 64649338

Published

of his sentence. We reverse. *105Although section 322.055(1), Florida Statutes (1987), gives the trial

Neil v. State

556 So. 2d 486, 1990 Fla. App. LEXIS 596, 1990 WL 7529

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 64647982

Published

State, 554 So.2d 1226 (Fla. 2d DCA 1989), section 322.055(1), Florida Statutes (1987), authorized the

Ruise v. State

552 So. 2d 270, 14 Fla. L. Weekly 2599, 1989 Fla. App. LEXIS 6315, 1989 WL 135512

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646338

Published

unrelated to the offense. To the contrary, Section 322.-055(1), Florida Statutes (1987), provides that