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Florida Statute 322.202 - Full Text and Legal Analysis Florida Statute 322.202 | Lawyer Caselaw & Research
Fla. Stat. § 322.202 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.
History.—s. 1, ch. 2002-215; s. 25, ch. 2011-66.

Cases Citing F.S. 322.202

Fla. Stat. § 322.202 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Card v. State, 927 So. 2d 200 (Fla. 5th DCA 2006).

Cited 9 times | Published | Florida 5th District Court of Appeal | 2006 WL 1144356

...the right ... to be confronted with the witnesses against him." U.S. Const. amend. VI. [3] Florida has dealt with the hearsay issue in this case in sections 322.201 (driving records), 90.803(6) (business records), and 90.803(8) (public records). [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 M...
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Cited as authorityPeterson (2014)
phrase: "rule_authority"
Cited as authority(citing case) (2009)
phrase: "rule_authority"
Cited as authority(citing case) (2009)
phrase: "rule_authority"
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Moore v. State, 123 So. 3d 672 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 5663194, 2013 Fla. App. LEXIS 16643

...2). See ch. 2002-215, § 1, at 1502-03, Laws of Fla. At the time of Mr. Moore’s arrest, the statute expressly stated that “the Division of Driver Licenses and the Division of Motor Vehicles of the [DHSMV] are not law enforcement agencies.” See § 322.202(1)....
...flsenate.gov/Session/Bill/2011/2160/Analyses/ aWy348RZCc DPzCFScrKI36KSFPo=@7/Public/Bills/ 2100-2199/2160/ Analysis/201 ls2160.bc.PDF. . U.S. Const. Amend. IV. . This section was originally designated by the legislature as section 90.959, but was re-designated as section 322.202 prior to codification....
...ons similar to that in Shadier II. See S. Comm. Judiciary, SB 196 (2002) Staff Analysis 1 (Dec. 5, 2001) (on file with comm.), available at http://arch ive.flsenate.gov/data/session/2002/Senate/bilIs/ana-lysis/pdf/ 2002s0196.ju.pdf. Redesignation as section 322.202 apparently came following the Florida Bar's successful objection to adding this provision to the evidence code....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 322 matters in the context of driving-while-license-suspended and criminal traffic defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.