Florida Statutes

Fla. Stat. § 322.056 (2025)

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, 244 So. 3d 356 (Fla. 1st DCA 2018).

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John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). · cites it 2× “(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., 722 So. 2d 259 (Fla. 2d DCA 1998). · cites it 8× “’s driving privileges be suspended for two years, pursuant to section 322.056, Florida Statutes (1997).”

State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999). · cites it 4× “, pursuant to section 322.056, Florida Statutes (1997).”

State v. R.N., 597 So. 2d 862 (Fla. 5th DCA 1992). · cites it 3× “Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s.”

State v. M.D., 706 So. 2d 41 (Fla. 2d DCA 1998). · cites it 4× “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., 12 So. 3d 1269 (Fla. 2d DCA 2009). · cites it 4× “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, 706 So. 2d 925 (Fla. 2d DCA 1998). · cites it 3× “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., 8 So. 3d 425 (Fla. 2d DCA 2009). · cites it 3× “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., 708 So. 2d 322 (Fla. 2d DCA 1998). · cites it 2× “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., 779 So. 2d 465 (Fla. 2d DCA 2000). · cites it 5× “’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”

State v. C.C.S., 779 So. 2d 465 (Fla. 2d DCA 2000). · cites it 5× “’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”

State v. R.A., 928 So. 2d 1258 (Fla. 4th DCA 2006). · cites it 12× “’s driver’s license pursuant to section 322.056, Florida Statutes (2005), after the court found R.”

Show all 28 citing cases →

— 322.056(1) — 12 cases

State v. M.D., 706 So. 2d 41 (Fla. 2d DCA 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., 8 So. 3d 425 (Fla. 2d DCA 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., 779 So. 2d 465 (Fla. 2d DCA 2000). “’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”

State v. C.C.S., 779 So. 2d 465 (Fla. 2d DCA 2000). “’s driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997).”

State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999). “, pursuant to section 322.056, Florida Statutes (1997).”

— 322.056(1)(a) — 1 case

State v. MLR, 722 So. 2d 259 (Fla. 2d DCA 1998).

— 322.056(1)(a)(1) — 3 cases

M.A.R. v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).

State v. KRG, 12 So. 3d 1269 (Fla. 2d DCA 2009).

MAR v. State, 67 So. 3d 232 (Fla. 2d DCA 2010).

— 322.056(l)(a) — 1 case

State v. M.L.R., 722 So. 2d 259 (Fla. 2d DCA 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., 12 So. 3d 1269 (Fla. 2d DCA 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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