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Florida Statute 322.251 - Full Text and Legal Analysis
Florida Statute 322.251 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.251
322.251 Notice of cancellation, suspension, revocation, or disqualification of license.
(1) All orders of cancellation, suspension, revocation, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss. 627.732-627.734 shall be given either by personal delivery thereof to the licensee whose license is being canceled, suspended, revoked, or disqualified or by deposit in the United States mail in an envelope, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department. Such mailing by the department constitutes notification, and any failure by the person to receive the mailed order will not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee’s driving privilege.
(2) The giving of notice and an order of cancellation, suspension, revocation, or disqualification by mail is complete upon expiration of 20 days after deposit in the United States mail for all notices except those issued under chapter 324 or ss. 627.732–627.734, which are complete 15 days after deposit in the United States mail. Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either manner shall be made by entry in the records of the department that such notice was given. The entry is admissible in the courts of this state and constitutes sufficient proof that such notice was given.
(3) Whenever the driving privilege is suspended, revoked, or disqualified under the provisions of this chapter, the period of such suspension, revocation, or disqualification shall be indicated on the order of suspension, revocation, or disqualification, and the department shall require the licensee whose driving privilege is suspended, revoked, or disqualified to surrender all licenses then held by him or her to the department. However, should the person fail to surrender such licenses, the suspension, revocation, or disqualification period shall not expire until a period identical to the period for which the driving privilege was suspended, revoked, or disqualified has expired after the date of surrender of the licenses, or the date an affidavit swearing such licenses are lost has been filed with the department. In any instance where the suspension, revocation, or disqualification order is mailed as provided herein, and the license is not surrendered to the department, and such license thereafter expires, the department shall not renew that license until a period of time identical to the period of such suspension, revocation, or disqualification imposed has expired.
1(4) A person whose privilege to operate a commercial motor vehicle is temporarily disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, valid for the length of his or her unexpired commercial driver license, at no cost. Such person may, upon the completion of his or her disqualification, be issued a commercial driver license, of the type disqualified, for the remainder of his or her unexpired license period. Any such person shall pay the reinstatement fee provided in s. 322.21 before being issued a commercial driver license.
(5) A person whose privilege to operate a commercial motor vehicle is permanently disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, if he or she is otherwise qualified to receive such license. Any such person shall be issued a Class E license, valid for the remainder of his or her unexpired license period, at no cost.
(6) Whenever a cancellation, suspension, revocation, or disqualification occurs, the department shall enter the cancellation, suspension, revocation, or disqualification order on the licensee’s driver file 20 days after 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)(a) A person whose driving privilege is suspended or revoked pursuant to s. 832.09 shall be notified, pursuant to this section, and the notification shall direct the person to surrender himself or herself to the sheriff who entered the warrant to satisfy the conditions of the warrant. A person whose driving privilege is suspended or revoked under this subsection shall not have his or her driving privilege reinstated for any reason other than:
1. Full payment of any restitution, court costs, and fees incurred as a result of a warrant or capias being issued pursuant to s. 832.09;
2. The cancellation of the warrant or capias from the Department of Law Enforcement recorded by the entering agency; and
3. The payment of an additional fee of $10 to the Department of Highway Safety and Motor Vehicles to be paid into the Highway Safety Operating Trust Fund; or
4. The department has modified the suspension or revocation of the license pursuant to s. 322.271 restoring the driving privilege solely for business or employment purposes.
(b) The Department of Law Enforcement shall provide electronic access to the department for the purpose of identifying any person who is the subject of an outstanding warrant or capias for passing worthless bank checks.
History.s. 5, ch. 59-278; ss. 24, 35, ch. 69-106; s. 1, ch. 78-37; s. 1, ch. 80-158; s. 1, ch. 82-20; s. 561, ch. 82-243; s. 1, ch. 84-265; s. 20, ch. 89-282; s. 413, ch. 95-148; s. 3, ch. 98-223; s. 5, ch. 2003-410; s. 84, ch. 2005-164; s. 81, ch. 2010-102; s. 57, ch. 2012-181; s. 9, ch. 2025-125.
1Note.Section 9, ch. 2025-125, amended subsection (4), effective July 1, 2026, to read:

(4) A person whose privilege to operate a commercial motor vehicle is temporarily disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, valid for the length of his or her unexpired commercial driver license, if eligible, at no cost. Such person may, upon the completion of his or her disqualification, be issued a commercial driver license, of the type disqualified, for the remainder of his or her unexpired license period. Any such person must pay the reinstatement fee provided in s. 322.21 before being issued a commercial driver license.

F.S. 322.251 on Google Scholar

F.S. 322.251 on CourtListener

Amendments to 322.251


Annotations, Discussions, Cases:

Cases Citing Statute 322.251

Total Results: 21

Turner v. State

29 So. 3d 361, 2010 Fla. App. LEXIS 2104, 2010 WL 624159

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1135747

Cited 16 times | Published

suspension was sent to Turner pursuant to section 322.251, Florida Statutes. Section 322.34(2)(a) provides

FLA. DHSMV v. Critchfield

842 So. 2d 782

Supreme Court of Florida | Filed: Mar 13, 2003 | Docket: 1730513

Cited 15 times | Published

reasonable collection fees. Section 3 creates section 322.251, Florida Statutes to provide for notice to

Rodgers v. State

804 So. 2d 480, 26 Fla. L. Weekly Fed. D 2886

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1334466

Cited 14 times | Published

the one requiring notice of the revocation, section 322.251(2) provides: "Proof of the giving of notice

DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Critchfield

805 So. 2d 1034, 2002 Fla. App. LEXIS 17, 2002 WL 10071

District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 1669470

Cited 9 times | Published

reasonable collection fees. Section 3 creates section 322.251, Florida Statues to provide for notice to a

Anderson v. State

87 So. 3d 774, 37 Fla. L. Weekly Supp. 227, 2012 Fla. LEXIS 553, 2012 WL 851040

Supreme Court of Florida | Filed: Mar 15, 2012 | Docket: 60308042

Cited 7 times | Published

DHSMV sent notice that was in compliance with section 322.251(1), Florida Statutes (2011). Anderson testified

Sawyer v. State

819 So. 2d 966, 2002 WL 1369624

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1498924

Cited 6 times | Published

Section 3 of Chapter 98-223, which became section 322.251, provides details as to notice and other matters

Sorrell v. State

855 So. 2d 1253, 2003 WL 22339170

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 463989

Cited 5 times | Published

the revocation was established pursuant to section 322.251(2), Florida Statutes (2001). See State v. Tucker

Haygood v. State

17 So. 3d 894, 2009 Fla. App. LEXIS 13899, 2009 WL 2959659

District Court of Appeal of Florida | Filed: Sep 17, 2009 | Docket: 1140857

Cited 3 times | Published

provided that the statutory notice required by section 322.251, Florida Statutes (2006), had been given. Appellant's

Brown v. State

764 So. 2d 741, 2000 WL 873548

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 220912

Cited 3 times | Published

suspension was mailed to him, as is required by section 322.251, Florida Statutes (Supp.1998), but argues that

State v. Johnston

553 So. 2d 730, 1989 WL 151465

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 1675492

Cited 3 times | Published

a person's driving privilege. For example, section 322.251(2) sets forth the explicit notice requirements

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

you from the evidence. Give as applicable. See § 322.251(1), (2), and § 322M(2), (3), (k), Fla. Stat Proof

Fields v. State

731 So. 2d 753, 1999 WL 186556

District Court of Appeal of Florida | Filed: Apr 6, 1999 | Docket: 1409304

Cited 2 times | Published

sufficient proof that such notice was given. § 322.251(1)(2), Fla. Stat. (1997). Here, the state contends

State v. Miller

830 So. 2d 214, 2002 WL 31487260

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1516840

Cited 1 times | Published

both instances the department is obliged by section 322.251 to give notice of the revocation by mail. That

Vichich v. DHSMV

799 So. 2d 1069, 2001 WL 1104242

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1681732

Cited 1 times | Published

mandatory revocation is required upon conviction. Section 322.251 requires the DHSMV to provide the licensee

STATE, DEPT. OF HIGHWAY v. Davis

775 So. 2d 989, 2000 WL 1742046

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 1185227

Cited 1 times | Published

was not entitled to the issuance thereof." Section 322.251 prescribes the notice requirements for such

Onelia Elza Ramirez v. The State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68253317

Published

notice to the last known mailing address.”); § 322.251(1)-(2), Fla. Stat. (“Such mailing by the department

Henry Lee Robinson v. State of Florida

Supreme Court of Florida | Filed: Nov 18, 2021 | Docket: 61531983

Published

-3- disqualification, see § 322.251(1), Fla. Stat. (2016), and subsequently, to “enter

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-04

Supreme Court of Florida | Filed: Nov 30, 2017 | Docket: 6233352

Published

the evidence. Give as applicable. See § 322.251(1), (2), and § 322.34(2), (3),(4), Fla. Stat.

Anderson v. State

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

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 2400333

Published

suspension to Appellant's address, pursuant to section 322.251, Florida Statutes. It is undisputed that the

Sweeting v. State

46 So. 3d 1217, 2010 Fla. App. LEXIS 17150, 2010 WL 4483379

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2402256

Published

suspended license, we would refer the parties to section 322.251, Florida Statutes, which provides that if a

In re Standard Jury Instructions in Criminal Cases (No. 2005-6)

958 So. 2d 361, 32 Fla. L. Weekly Supp. 183, 2007 Fla. LEXIS 771, 2007 WL 1287506

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 64850999

Published

you from the evidence. Give as applicable. See § 322.251(1), (2), and § S22M&), (3), (If), Fla. Stat.