Florida Statute 322.058 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.058

322.058 Suspension of driving privilege due to support delinquency; reinstatement.—

(1) When the department receives notice from the Title IV-D agency or depository or the clerk of the court that any person licensed to operate a motor vehicle in the State of Florida under the provisions of this chapter has a delinquent support obligation or has failed to comply with a subpoena, order to appear, order to show cause, or similar order, the department shall suspend the driver license of the person named in the notice and the registration of all motor vehicles owned by that person.

(2) The department must reinstate the driving privilege and allow registration of a motor vehicle when the Title IV-D agency in IV-D cases or the depository or the clerk of the court in non-IV-D cases provides to the department an affidavit stating that:

(a) The person has paid the delinquency;

(b) The person has reached a written agreement for payment with the Title IV-D agency or the obligee in non-IV-D cases;

(c) A court has entered an order granting relief to the obligor ordering the reinstatement of the license and motor vehicle registration;

(d) The person has complied with the subpoena, order to appear, order to show cause, or similar order;

(e) The person receives reemployment assistance or unemployment compensation pursuant to chapter 443;

(f) The person is disabled and incapable of self-support or receives benefits under the federal Supplemental Security Income program or Social Security Disability Insurance program;

(g) The person receives temporary cash assistance pursuant to chapter 414; or

(h) The person is making payments in accordance with a confirmed bankruptcy plan under chapter 11, chapter 12, or chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.

(3) The department shall not be held liable for any license or vehicle registration suspension resulting from the discharge of its duties under this section.

(4) This section applies only to the annual renewal in the owner’s birth month of a motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold by a motor vehicle dealer licensed under chapter 320, except for the transfer of registrations which includes the annual renewals. This section does not affect the issuance of the title to a motor vehicle, notwithstanding s. 319.23(8)(b).

History.—s. 12, ch. 93-208; s. 45, ch. 94-306; s. 929, ch. 95-148; s. 2, ch. 95-222; s. 22, ch. 2001-158; s. 47, ch. 2012-181; s. 29, ch. 2014-216; s. 22, ch. 2015-2.

F.S. 322.058 on Google Scholar

F.S. 322.058 on Casetext

Amendments to 322.058

Arrestable Offenses / Crimes under Fla. Stat. 322.058

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.058.

Annotations, Discussions, Cases:

Cases Citing Statute 322.058

Total Results: 7

John Eugene Williams, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 356

Snippet: privileges by attending a driver improvement course); § 322.058, Fla. Stat. (2016) (requiring in subsection (1)

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-05-08

Snippet: complies with the reinstatement provisions of s. 322.058 and makes payment of the delinquency fee imposed

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-12-30

Snippet: vehicle registration in accordance with s. 322.058."2 Section 322.058, Florida Statutes, is a directive to

Waites v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-12-31

Citation: 702 So. 2d 1373, 1997 WL 795664

Snippet: revised licensing scheme. Florida Statutes section 322.58, which governs the transition from the "old chauffeur's

American Fire Insurance v. King Lumber & Manufacturing Co.

Court: Supreme Court of Florida | Date Filed: 1917-10-20

Citation: 74 Fla. 130, 77 So. 168

Snippet: v. Milwaukee Mechanics’ Insurance Co., 87 Wis. 322, 58 N. W. Rep. 379; Rose v. Kimberly & Clark Co., 89

Atlantic Coast Line Railroad v. Levy

Court: Supreme Court of Florida | Date Filed: 1914-11-10

Citation: 68 Fla. 234, 67 So. 47

Snippet: 788; Wood Lumber Co. v. Gibson, 63 Fla. 316, text 322, 58 South. Rep. 364, text 366; Atlantic Coast Line

Taylor v. American National Bank

Court: Supreme Court of Florida | Date Filed: 1912-01-15

Citation: 63 Fla. 631

Snippet: the discussion in Frost v. Fisher, 13 Colo. App. 322, 58 Pac. Rep. 872, and Carpenter v. Longan, 16 Wall