Florida Statutes
Fla. Stat. § 322.202 (2025)
Admission of evidence obtained from the Division of Motorist Services.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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322.202 Admission of evidence obtained from the Division of Motorist Services.—
(1) The Legislature finds that the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is not a law enforcement agency. The Legislature also finds that the division is not an adjunct of any law enforcement agency in that employees have no stake in particular prosecutions. The Legislature further finds that errors in records maintained by the division are not within the collective knowledge of any law enforcement agency. The Legislature also finds that the missions of the division and the Department of Highway Safety and Motor Vehicles provide a sufficient incentive to maintain records in a current and correct fashion.
(2) The Legislature finds that the purpose of the exclusionary rule is to deter misconduct on the part of law enforcement officers and law enforcement agencies.
(3) The Legislature finds that the application of the exclusionary rule to cases where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division is repugnant to the purposes of the exclusionary rule and contrary to the decisions of the United States Supreme Court in Arizona v. Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897 (1984).
(4) In any case where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division, evidence found pursuant to such an arrest shall not be suppressed by application of the exclusionary rule on the grounds that the arrest is subsequently determined to be unlawful due to erroneous information obtained from the division.
Notes of Decisions
Cited in 2
cases, 2006–2013 · leading case: Card v. State, 927 So. 2d 200 (Fla. 5th DCA 2006).
Card v. State, 927 So. 2d 200 (Fla. 5th DCA 2006). “[4] Section 322.202(1), Florida Statutes (2004), entitled "Admission of evidence obtained from the Division of Driver Licenses and the Division of Motor Vehicles," provides: The Legislature finds that the Division of Driver Licenses and the Division of Motor Vehicles of the…”
Moore v. State, 123 So. 3d 672 (Fla. 2d DCA 2013). “959, but was re-designated as section 322.202 prior to codification. See ch.”
— 322.202(1) — 2 cases
Card v. State, 927 So. 2d 200 (Fla. 5th DCA 2006). “[4] Section 322.202(1), Florida Statutes (2004), entitled "Admission of evidence obtained from the Division of Driver Licenses and the Division of Motor Vehicles," provides: The Legislature finds that the Division of Driver Licenses and the Division of Motor Vehicles of the…”
Moore v. State, 123 So. 3d 672 (Fla. 2d DCA 2013). “959, but was re-designated as section 322.202 prior to codification. See ch.”
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