Florida Statutes

Fla. Stat. § 322.251 (2025)

Notice of cancellation, suspension, revocation, or disqualification of license.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1977–2021 · leading case: Anderson v. State, 87 So. 3d 774 (Fla. 2012).

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Anderson v. State, 87 So. 3d 774 (Fla. 2012). · cites it 13× “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. (Emphasis…”

Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). · cites it 7× “[5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice.”

In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). · cites it 6× “§ 322.251, Fla. Stat. “Notice” means personal delivery or deposit in the United States mail, first class, postage prepaid, addressed to the defendant at [his][her] last known address furnished to the Department of Highway Safety and Motor Vehicles.”

FLA. DHSMV v. Critchfield, 842 So. 2d 782 (Fla. 2003). · cites it 3× “Section 3 creates section 322.251, Florida Statutes to provide for notice to a licensee whose driving privilege is suspended pursuant to section 832.”

Anderson v. State, 48 So. 3d 1015 (Fla. 5th DCA 2010). · cites it 13× “The record included a notation that the DHSMV had mailed a notice of suspension to Appellant’s address, pursuant to section 322.251, Florida Statutes. It is undisputed that the address where Appellant lived and the address the DHSMV had on file were the same.”

Turner v. State, 29 So. 3d 361 (Fla. 4th DCA 2010). · cites it 2× “Its record, admitted into evidence, shows that notice of the suspension was sent to Turner pursuant to section 322.251, Florida Statutes. Section 322.”

Sawyer v. State, 819 So. 2d 966 (Fla. 4th DCA 2002). · cites it 2× “Section 3 of Chapter 98-223, which became section 322.251, provides details as to notice and other matters involving the suspension of driver's licenses for passing worthless checks in violation of section 832.”

Brown v. State, 764 So. 2d 741 (Fla. 4th DCA 2000). · cites it 4× “Brown concedes that there was evidence that the notice of suspension was mailed to him, as is required by section 322.251, Florida Statutes (Supp.1998), but argues that this is not proof that he actually received the notice and cannot sustain a finding of actual knowledge on his…”

Sorrell v. State, 855 So. 2d 1253 (Fla. 4th DCA 2003). · cites it 2× “Notice of the revocation was established pursuant to section 322.251(2), Florida Statutes (2001).”

Dept. of High. Saf. & Motor Vehs. v. Critchfield, 805 So. 2d 1034 (Fla. 5th DCA 2002). “Section 3 creates section 322.251, Florida Statues to provide for notice to a licensee whose driving privilege is suspended pursuant to section 832.”

Haygood v. State, 17 So. 3d 894 (Fla. 1st DCA 2009). · cites it 2× “The driving record also provided that the statutory notice required by section 322.251, Florida Statutes (2006), had been given.”

Fields v. State, 731 So. 2d 753 (Fla. 5th DCA 1999). · cites it 3× “[2] Under section 322.251(1), the legislature appears to have determined that proper mailing is conclusive evidence of notice.”

Show all 25 citing cases →

— 322.251(1) — 8 cases

Anderson v. State, 87 So. 3d 774 (Fla. 2012). “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. (Emphasis…”

In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “§ 322.251, Fla. Stat. “Notice” means personal delivery or deposit in the United States mail, first class, postage prepaid, addressed to the defendant at [his][her] last known address furnished to the Department of Highway Safety and Motor Vehicles.”

Brown v. State, 764 So. 2d 741 (Fla. 4th DCA 2000). “Brown concedes that there was evidence that the notice of suspension was mailed to him, as is required by section 322.251, Florida Statutes (Supp.1998), but argues that this is not proof that he actually received the notice and cannot sustain a finding of actual knowledge on his…”

Fields v. State, 731 So. 2d 753 (Fla. 5th DCA 1999). “[2] Under section 322.251(1), the legislature appears to have determined that proper mailing is conclusive evidence of notice.”

Anderson v. State, 48 So. 3d 1015 (Fla. 5th DCA 2010). “The record included a notation that the DHSMV had mailed a notice of suspension to Appellant’s address, pursuant to section 322.251, Florida Statutes. It is undisputed that the address where Appellant lived and the address the DHSMV had on file were the same.”

— 322.251(1)(2) — 1 case

Fields v. State, 731 So. 2d 753 (Fla. 5th DCA 1999). “[2] Under section 322.251(1), the legislature appears to have determined that proper mailing is conclusive evidence of notice.”

— 322.251(2) — 6 cases

Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “[5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice.”

Sorrell v. State, 855 So. 2d 1253 (Fla. 4th DCA 2003). “Notice of the revocation was established pursuant to section 322.251(2), Florida Statutes (2001).”

State v. Miller, 830 So. 2d 214 (Fla. 2d DCA 2002).

State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989).

— 322.251(3) — 2 cases

Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “[5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice.”

Sweeting v. State, 46 So. 3d 1217 (Fla. 4th DCA 2010).

— 322.251(6) — 2 cases

Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “[5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice.”

Henry Lee Robinson v. State of Florida (Fla. 2021).

— 322.251(7)(a)(1) — 1 case

Sawyer v. State, 819 So. 2d 966 (Fla. 4th DCA 2002). “Section 3 of Chapter 98-223, which became section 322.251, provides details as to notice and other matters involving the suspension of driver's licenses for passing worthless checks in violation of section 832.”

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