Florida Statute 322.221 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.221

322.221 Department may require reexamination.—

(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, at any time upon written notice of at least 5 days to the licensee, require him or her to submit to an examination or reexamination. Good cause as used herein shall be construed to mean that a licensee’s driving record, a report as provided in s. 322.126, or other evidence is sufficient to indicate that his or her driving privilege is detrimental to public safety.

(2)(a) The department may require an examination or reexamination to determine the competence and driving ability of any driver causing or contributing to the cause of any crash resulting in death, personal injury, or property damage.

(b) The department may, in its discretion, require any licensed driver to submit to an examination or reexamination prior to his or her normal renewal date upon receipt of a recommendation from a court having jurisdiction of traffic offenses, a law enforcement agency, or a physician stating that the driver’s ability to operate a motor vehicle safely is questionable. At the time of renewal of his or her license a driver may be required to submit to an examination or reexamination at the discretion of the examiner if the physical appearance or actions of the licensee give rise to serious doubt as to his or her ability to operate a vehicle safely.

(c) If the department has reason to believe that a licensee is physically or mentally unqualified to operate a motor vehicle, it may require the licensee to submit medical reports regarding his or her physical or mental condition to the department’s medical advisory board for its review and recommendation. The submission of medical reports shall be made without expense to the state.

(3) Upon the conclusion of such examination or reexamination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permitted under s. 322.16. Refusal or neglect of the licensee to submit to such examination or reexamination shall be ground for suspension or revocation of his or her license.

History.—ss. 1-3, ch. 28120, 1953; s. 1, ch. 59-443; ss. 24, 35, ch. 69-106; s. 1, ch. 70-366; s. 21, ch. 78-394; s. 43, ch. 89-282; s. 78, ch. 94-306; s. 937, ch. 95-148; s. 289, ch. 99-248.

F.S. 322.221 on Google Scholar

F.S. 322.221 on Casetext

Amendments to 322.221

Arrestable Offenses / Crimes under Fla. Stat. 322.221

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.221.

Annotations, Discussions, Cases:

Cases Citing Statute 322.221

Total Results: 3

Duckworth v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-08T00:00:00-08:00

Citation: 923 So. 2d 530, 2006 Fla. App. LEXIS 2492, 2006 WL 437506

Snippet: 533require a licensee to submit medical reports, § 322.221(2)(c), Florida Statutes (2003), but then it was…take the action it deemed appropriate, section 322.221(3). It is not a rubber stamp to a treating physician…that had been revoked for seizures. See, e.g., § 322.221(2)(c), Fla. Stat. (“If the department has reason

Johnson v. STATE DEPT. OF HWY. SAFETY

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-15T00:53:00-07:00

Citation: 709 So. 2d 623

Snippet: license was revoked pursuant to Florida Statutes § 322.221(2)(c) and (3) on the ground that she was medically

Lord v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 1974-01-17T00:00:00-07:00

Citation: 288 So. 2d 260, 1974 Fla. App. LEXIS 8151

Snippet: This, coupled with the specific language of § 322.221, renders it absolutely clear that the habitual