Florida Statute 322.25 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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322.25 When court to forward license to department and report convictions.—

(1) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver license of such person by the department, the court in which such conviction is had shall require the surrender to it of all driver licenses then held by the person so convicted, and the court shall thereupon forward the same, together with a record of such conviction, to the department.

(2) Every court having jurisdiction over offenses committed under this chapter, or any other law of this state regulating the operation of motor vehicles on highways, shall forward to the department a record of the conviction of any person in said court for a violation of any said laws, and shall suspend or revoke in accordance with the provisions of this chapter the driver license of the person so convicted.

(3) There shall be no notation made upon a license of either an arrest or warning until the holder of the license has been duly convicted or has forfeited bond.

(4) For the purpose of this chapter, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

(5) For the purpose of this chapter, the entrance of a plea of nolo contendere by the defendant to a charge of driving while intoxicated, driving under the influence, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offenses specified in s. 316.193, accepted by the court and under which plea the court has entered a fine or sentence, whether in this state or any other state or country, shall be equivalent to a conviction.

(6) The report of a judicial disposition of an offense committed under this chapter or of any traffic violation, including parking on a roadway outside the limits of a municipality, or of a violation of any law of this state regulating the operation of motor vehicles on highways shall be made by the court to the department on a standard form prescribed by the department. In addition, the court shall so report to the department any conviction of a person for felony possession of a controlled substance if such person was driving or in actual physical control of a motor vehicle at the time of such possession. The form shall be a copy of the uniform traffic citation and complaint as prescribed by s. 316.650 and shall include a place for the court to indicate clearly whether it recommends suspension or revocation of the offender’s driving privilege. The report shall be signed by the judge or by facsimile signature. The clerks of the court may submit disposition data to the department in an automated fashion, in a form prescribed by the department.

(7) Each clerk of court shall promptly report to the department each conviction, regardless of whether adjudication was withheld, for human trafficking which involves the use of a commercial motor vehicle.

History.—s. 37, ch. 19551, 1939; CGL 1940 Supp. 4151(651); s. 37, ch. 20451, 1941; s. 1, ch. 59-313; s. 3, ch. 61-457; s. 8, ch. 72-175; ss. 1, 3, ch. 74-248; s. 40, ch. 76-31; s. 1, ch. 77-119; s. 22, ch. 78-394; s. 2, ch. 79-99; s. 5, ch. 80-316; s. 2, ch. 81-118; s. 203, ch. 81-259; s. 5, ch. 86-296; s. 44, ch. 89-282; s. 412, ch. 95-148; s. 41, ch. 95-333; s. 56, ch. 2013-160; s. 13, ch. 2021-187.

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Amendments to 322.25

Annotations, Discussions, Cases:

Cases Citing Statute 322.25

Total Results: 8 | Sort by: Relevance | Newest First

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Smith v. City of Gainesville, 93 So. 2d 105 (Fla. 1957).

Cited 25 times | Published | Supreme Court of Florida

...THORNAL, Justice. By petition for certiorari, petitioner Smith seeks review of an order of the Circuit Court affirming an order of the Municipal Court of Gainesville revoking his driver's license. The point for our determination is the constitutionality of Section 322.25(2), Florida Statutes, F.S.A., which authorizes municipal courts to revoke automobile drivers' licenses under certain circumstances....

...for one year. An appeal to the Circuit Court of Alachua County followed. The judgment of conviction and revocation of the driver's license was affirmed by the Circuit Judge. Review of this order of affirmance is now sought. Petitioner contends that Section 322.25 (2), Florida Statutes, F.S.A., violates Article V, Section 34 of the Constitution of Florida, F.S.A....

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State, Dept. of High. Saf. v. Vogt, 489 So. 2d 1168 (Fla. 2d DCA 1986).

Cited 14 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1196

...The legislative scheme pertaining to driver's license revocation was explained by our supreme court in Smith v. City of Gainesville, 93 So.2d 105 (Fla. 1957). In that case the court considered a constitutional challenge to the statutory provision in section 322.25(2), Florida Statutes (1955), which provided that "every ......

...said court for a violation of any said laws, and shall suspend or revoke in accordance with the provisions of this chapter, the operator's or chauffeur's license of the person so convicted." (Emphasis supplied.) That same provision appears today in section 322.25(2), Florida Statutes (1985)....

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Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001).

Cited 14 times | Published | Florida 4th District Court of Appeal | 26 Fla. L. Weekly Fed. D 2886

...ection 322.264; (2) DMV gave defendant notice of the revocation of his license; and (3) defendant operated a motor vehicle upon a highway of Florida while the license was revoked. As to the second element, the one requiring notice of the revocation, section 322.251(2) provides: "Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either such manner shall be made by entry in the records of the department that such notice was given....

...ounty; and January 14, 1997 in Indian River County. The May 2, 1992, conviction was noted as "adjudication withheld." For purposes of section 322.34, a withheld adjudication constitutes a conviction. Raulerson v. State, 763 So.2d 285 (Fla.2000). [5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice. [6] See § 322.251(6), Fla....

...fter the notice was actually placed in the mail. Any inquiry into the file after the 20-day period shall reveal that the license is canceled, suspended, revoked, or disqualified and whether the license has been received by the department."). [7] See § 322.25(2), Fla....

...person has accumulated... within a 5-year period: (1) Three or more convictions of any one or more of the following offenses arising out of separate acts... (d) Driving a motor vehicle while his or her license is suspended or revoked...."). [9] See § 322.251(3), Fla....

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Jones v. Kirkman, 138 So. 2d 513 (Fla. 1962).

Cited 10 times | Published | Supreme Court of Florida

...Appellant Jones also reminds us that in most of the violations there was no trial. There was a charge, a bail bond and a forefeiture for failure to appear. He seems to assert that these events do not constitute convictions of violations of the law. Section 322.25, Florida Statutes, F.S.A., specifically classifies a bond forfeiture as a "conviction" under the driver's license laws....

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Bartels v. State, 24 So. 2d 40 (Fla. 1945).

Cited 2 times | Published | Supreme Court of Florida | 156 Fla. 535, 1945 Fla. LEXIS 919

...ged before with an offense of this nature, the judgment, in so far as it revokes appellant’s driver’s license for twelve months, may be rather harsh in this case, but the court was compelled to so order by the language of the second paragraph of Section 322.25 when construed in connection with Section 322.26, Fla....

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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

Highway Safety and Motor Vehicles? 2. Did section 322.025, Florida Statutes, as amended by section 6

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Keith v. Capers, 362 So. 2d 130 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16595

...Hosea Capers, petitioner: “. . . upon petitioner’s petition for Writ of Certiorari seeking review of respondent’s order of driver license revocation dated May 15,1977, effective June 4, 1977 ... it is, ORDERED AND ADJUDGED that Florida Statute § 322.25(4), which provides as follows: ‘(4) For the purpose of this chapter, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.�...

...t applicable to a forfeiture of bail or collateral which occurs outside of the State of Florida. Respondent is not authorized to utilize and may not consider an out of state bond estreature as a ‘conviction’ within the meaning of Florida Statute § 322.25(4), supra. Accordingly, respondent is ORDERED to remove all out of state bond estreatures from petitioner’s driving record which respondent has heretofore considered a ‘conviction’ within the meaning of Florida Statute § 322.25....

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Casci v. State, 293 So. 2d 403 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7634

regulating the privilege of driving, Fla.Stat. § 322.-25(4) validly treats forfeiture as a conviction.

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