Florida Statute 322.245 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.245

322.245 Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other criminal case.—

(1) If a person charged with a violation of any of the criminal offenses enumerated in s. 318.17 or with the commission of any offense constituting a misdemeanor under chapter 320 or this chapter fails to comply with all of the directives of the court within the time allotted by the court, the clerk of the court must provide the person, either electronically or by mail sent to the address specified on the uniform traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, his or her driver license will be suspended. The notice must be sent no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.

(2) In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail in accordance with s. 61.13016 the notice specified in that section, notifying him or her that if he or she does not comply with the requirements of that section and pay a delinquency fee of $25 to the depository or the clerk, his or her driver license and motor vehicle registration will be suspended. The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office after the clerk remits $15 to the Department of Revenue for deposit into the General Revenue Fund.

(3) If the person fails to comply with the directives of the court within the 30-day period, or, in non-IV-D cases, fails to comply with the requirements of s. 61.13016 within the period specified in that statute, the depository or the clerk of the court must electronically notify the department of such failure within 10 days. Upon electronic receipt of the notice, the department shall immediately issue an order suspending the person’s driver license and privilege to drive effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). The order of suspension must also contain information specifying that the person may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for fines, fees, service charges, and court costs.

(4) After suspension of the driver license of a person pursuant to subsection (1), subsection (2), or subsection (3), the license may not be reinstated until the person complies with all court directives imposed upon him or her, including payment of the delinquency fee imposed by subsection (1), and presents certification of such compliance to a driver licensing office and complies with the requirements of this chapter or, in the case of a license suspended for nonpayment of child support in non-IV-D cases, until the person complies with the reinstatement provisions of s. 322.058 and makes payment of the delinquency fee imposed by subsection (2).

(5)(a) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has failed to pay financial obligations for any criminal offense other than those specified in subsection (1), in full or in part under a payment plan pursuant to s. 28.246(4), the department must suspend the license of the person named in the notice. The department shall mail an order of suspension in accordance with s. 322.251(1), (2), and (6), which must also contain information specifying that the person may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for fines, fees, service charges, and court costs.

(b) The department must reinstate the driving privilege when the clerk of the court provides an affidavit to the department stating that:

1. The person has satisfied the financial obligation in full or made all payments currently due under a payment plan;

2. The person has entered into a written agreement for payment of the financial obligation if not presently enrolled in a payment plan; or

3. A court has entered an order granting relief to the person ordering the reinstatement of the license.

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

History.—s. 20, ch. 84-359; s. 411, ch. 95-148; s. 9, ch. 95-222; s. 55, ch. 96-350; s. 50, ch. 96-413; s. 37, ch. 97-96; s. 2, ch. 97-206; s. 44, ch. 99-248; s. 102, ch. 2003-402; s. 64, ch. 2004-265; s. 34, ch. 2008-111; s. 55, ch. 2013-160; s. 19, ch. 2019-58; s. 12, ch. 2021-116.

F.S. 322.245 on Google Scholar

F.S. 322.245 on Casetext

Amendments to 322.245

Arrestable Offenses / Crimes under Fla. Stat. 322.245

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.245.

Annotations, Discussions, Cases:

Cases Citing Statute 322.245

Total Results: 9

Phoebe Flanagan v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-18T00:53:00-07:00

Snippet: pay certain costs and fines. Pursuant to section 322.245(5)(a), Florida Statutes, Appellant’s driver’s license

In RE: AMENDMENTS TO the FLORIDA RULES OF TRAFFIC COURT.

Court: Fla. | Date Filed: 2018-08-30T00:00:00-07:00

Citation: 252 So. 3d 704

Snippet: failure to comply as required by section 318.15 or 322.245, Florida Statutes. Unless required by law, a hearing

Gil v. State

Court: Fla. | Date Filed: 2013-07-11T00:00:00-07:00

Citation: 118 So. 3d 787, 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429

Snippet: suspended for non-traffic violations. See, e.g., § 322.245, Fla. Stat. (2012) (failure to pay child support

State v. Wooden

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-11T00:00:00-07:00

Citation: 92 So. 3d 886, 2012 WL 2849648, 2012 Fla. App. LEXIS 11111

Snippet: obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with…Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial

Anderson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-03T00:00:00-08:00

Citation: 48 So. 3d 1015, 2010 Fla. App. LEXIS 18337, 2010 WL 4903616

Snippet: upon receipt of notice from the clerk of court. § 322.245(5)(a), Fla. Stat. (2009). Here, the record reflects…obligation under a payment plan pursuant to section 322.245(5)(a). 5D09-4267 District Court of Appeal

Wyrick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-03T00:00:00-08:00

Citation: 50 So. 3d 674, 2010 Fla. App. LEXIS 18343, 2010 WL 4903622

Snippet: any other financial obligation as provided in s. 322.245....; 3. Failing to comply with a civil penalty.

Borden v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-22T00:53:00-07:00

Citation: 993 So. 2d 131

Snippet: cases, which have not been paid by him. Section 322.245(5)(a), Florida Statutes (2004) authorized this …challenge to the retroactive application of section 322.245(5)(a), Florida Statutes (2004) to his cases must

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-05-08T00:53:00-07:00

Snippet: of a driver's license. For example, section 322.245, Florida Statutes, makes specific provision for…certificate releasing the vehicle." Section 322.245(4), Florida Statutes, states that: After suspension

Lite v. State

Court: Fla. | Date Filed: 1993-04-15T00:53:00-07:00

Citation: 617 So. 2d 1058

Snippet: the ownership of a motor vehicle); §§ 318.15 and 322.245, Fla. Stat. (1989) (failure to comply with traffic