322.056
Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses; prohibition.
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322.056 Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses; prohibition.—
(1) Notwithstanding s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of chapter 893, and:
(a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver license or driving privilege for a period of 6 months.
(b) The person’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period of 6 months.
(c) The person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of his or her driver license or driving privilege for a period of 6 months after the date on which he or she would otherwise have become eligible.
However, the court may, upon finding a compelling circumstance to warrant an exception, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271, if the person is otherwise qualified for such a license.
(2) A penalty imposed under this section shall be in addition to any other penalty imposed by law.
History.—s. 2, ch. 90-265; s. 3, ch. 91-243; s. 398, ch. 95-148; s. 15, ch. 97-162; s. 12, ch. 99-7; s. 110, ch. 2002-20; s. 3, ch. 2014-65; s. 10, ch. 2019-167.
Notes of Decisions
Cited in 28
cases, 1992–2018 · leading case: John Eugene Williams, III v. State of Florida
John Eugene Williams, III v. State of Florida (2018)
“(prohibiting driving without a valid Florida driver’s license unless “authorized”); § 322.056, Fla. Stat. (2016) (speaking in terms of a person being “eligible by reason of age for a driver license or driving privilege” and requiring the courts to direct the DHSMV “to withhold…”
State v. M.L.R. (1998)
“’s driving privileges be suspended for two years, pursuant to section 322.056, Florida Statutes (1997).”
State v. J.V.W. (1999)
“, pursuant to section 322.056, Florida Statutes (1997).”
State v. R.N. (1992)
“Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s.”
State v. M.D. (1998)
“The State petitions this court for certiorari and mandamus relief from the juvenile trial court’s decision to defer disposition in a delinquency case in order, it alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires trial…”
State v. K.R.G. (2009)
“The juvenile court did not have discretion to forego the dictates of section 322.056(l)(a)(l), Florida Statutes (2007), which required it to direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of KR.”
C.B. v. State (1998)
“See § 322.056, Fla. Stat. (1995). Additionally, the trial court itself may not suspend a driver’s license and must direct the' Department of Highway Safety and Motor Vehicles to suspend any driving privileges.”
State v. S.S. (2009)
“See § 322.056(1), Fla. Stat. (2007). The trial court refused to do so, implying that the sanction was not required when adjudication was withheld.”
State v. M.A.P. (1998)
“Section 322.056, Florida Statutes (1995), requires a trial court to direct that the driving privileges of persons under 18 years of age be suspended if they have been found guilty of or delinquent for a violation of certain offenses.”
State v. R.D.H. (2000)
“’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”
State v. C.C.S. (2000)
“’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”
State v. R.A. (2006)
“’s driver’s license pursuant to section 322.056, Florida Statutes (2005), after the court found R.”
— 322.056(1) — 12 cases
State v. M.D. (1998)
“The State petitions this court for certiorari and mandamus relief from the juvenile trial court’s decision to defer disposition in a delinquency case in order, it alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires trial…”
State v. S.S. (2009)
“See § 322.056(1), Fla. Stat. (2007). The trial court refused to do so, implying that the sanction was not required when adjudication was withheld.”
State v. R.D.H. (2000)
“’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”
State v. C.C.S. (2000)
“’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”
State v. J.V.W. (1999)
“, pursuant to section 322.056, Florida Statutes (1997).”
— 322.056(1)(a) — 1 case
State v. MLR (1998)
— 322.056(1)(a)(1) — 3 cases
M.A.R. v. State (2010)
State v. KRG (2009)
MAR v. State (2010)
— 322.056(l)(a) — 1 case
State v. M.L.R. (1998)
“’s driving privileges be suspended for two years, pursuant to section 322.056, Florida Statutes (1997).”
— 322.056(l)(a)(l) — 1 case
State v. K.R.G. (2009)
“The juvenile court did not have discretion to forego the dictates of section 322.056(l)(a)(l), Florida Statutes (2007), which required it to direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of KR.”
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