Florida Statute 322.251 | Lawyer Caselaw & Research

The 2024 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.

(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.

F.S. 322.251 on Google Scholar

F.S. 322.251 on Casetext

Amendments to 322.251

Arrestable Offenses / Crimes under Fla. Stat. 322.251

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.251.

Annotations, Discussions, Cases:

Cases Citing Statute 322.251

Total Results: 20

Onelia Elza Ramirez v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-01T00:00:00-07:00

Snippet: 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

Court: Fla. | Date Filed: 2021-11-17T23:53:00-08:00

Snippet: Id. § 322.251(6). Notice may be made by personal delivery or first-class mail, id. § 322.251(1), and… -3- disqualification, see § 322.251(1), Fla. Stat. (2016), and subsequently, to “enter…of [DHSMV] that such notice was given.” Id. § 322.251(2). When applicable, “[t]he entry is admissible

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

Court: Fla. | Date Filed: 2017-11-29T23:53:00-08:00

Snippet: the evidence. Give as applicable. See § 322.251(1), (2), and § 322.34(2), (3),(4), Fla. Stat. …responsibility violation. See § 322.34(2) and § 322.251(1), (2), Fla. Stat. …vehicles, is considered to be a highway.] § 322.251, Fla. Stat. “Notice” means personal delivery…operating the motor vehicle at the time. § 322.251(1), Fla. Stat. Failure by the defendant … Comments Pursuant to § 322.251(1), Florida Statutes, failure to receive the mailed

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

Court: Fla. | Date Filed: 2013-11-21T00:00:00-08:00

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: from the evidence. Give as applicable. See § 322.251(1), (2), and § 322M(2), (3), (k), Fla. Stat Proof…financial responsibility violation. See § 322M(2) md § 322.251(1), (2), Fla. Stat. If you find that (defendant…the public for purposes of vehicular traffic. § 322.251, Fla. Stat. “Notice” means personal delivery or…actually operating the vehicle at the time. § 322.251(1), Fla. Stat. Failure by the defendant to receive

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: of suspension is mailed in accordance with s. 322.251(1), (2), and (6). (Emphasis added). No

Anderson v. State

Court: Fla. | Date Filed: 2012-03-15T00:00:00-07:00

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

Snippet: sections 322.34 and 322.251(1) together. See id. at 1018. It explained that section 322.251(1) outlines the…sent notice that was in compliance with section 322.251(1), Florida Statutes (2011). Anderson testified…suspended license. See id. It also stated that section 322.251(1) permits notice either in person or by mail. …suspended, or revoked. (Emphasis added). In section 322.251(1), Florida Statutes (2011), the Florida Legislature…addressed what constitutes notice under section 322.251. See Fields v. State, 731 So.2d 753, 753-54 (Fla

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: Section 322.251(1) directs that service be by either personal delivery or mail. Section 322.251(2) sets… Appellant's address, pursuant to section 322.251, Florida Statutes. It is undisputed that the address…the notice from the clerk, pursuant to section 322.251, the DHSMV is obligated to provide notice of suspension…sufficient proof that such notice was given." § 322.251(2), Fla. Stat. (2009). Here, Appellant's driver…1] *1017 Appellant makes no mention of section 322.251(2) in her brief.[2] Rather, she directs our attention

Sweeting v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-10T00:00:00-08:00

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

Snippet: license, we would refer the parties to section 322.251, Florida Statutes, which provides that if a licensee…lost has been filed with the department." § 322.251(3), Fla. Stat. Affirmed in part, reversed in part

Turner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-24T00:00:00-08:00

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

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

Haygood v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-17T00:00:00-07:00

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

Snippet: that the statutory notice required by section 322.251, Florida Statutes (2006), had been given. Appellant

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

Court: Fla. | Date Filed: 2007-05-03T00:00:00-07:00

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

Snippet: from the evidence. Give as applicable. See § 322.251(1), (2), and § S22M&), (3), (If), Fla. Stat…responsibility violation. See § 322.3⅛(2) and § 322.251(1), (2), Fla. Stat. If you find that (defendant…public for purposes of vehicular travel traffic. § 322.251, Fla. Stat. ⅜ “Notice” means personal delivery…actually operating the vehicle at the time. § 322.251(1), Fla. Stat. Failure by the defendant to receive

Weathers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-09T00:53:00-07:00

Citation: 937 So. 2d 1132

Snippet: Notice required by s. 322.251 given *1134 The department's record was redacted

Card v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-28T00:53:00-07:00

Citation: 927 So. 2d 200

Snippet: driver's record that the notice required by s. 322.251 was given shall constitute sufficient evidence

Sorrell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-15T00:53:00-07:00

Citation: 855 So. 2d 1253

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

FLA. DHSMV v. Critchfield

Court: Fla. | Date Filed: 2003-03-12T23:53:00-08:00

Citation: 842 So. 2d 782

Snippet: reasonable collection fees. Section 3 creates section 322.251, Florida Statutes to provide for notice to a licensee…suspension of drivers' licenses pursuant to section 322.251. Second, section 2 is clearly related to sections

State v. Miller

Court: Fla. Dist. Ct. App. | Date Filed: 2002-11-07T23:53:00-08:00

Citation: 830 So. 2d 214

Snippet: instances the department is obliged by section 322.251 to give notice of the revocation by mail. That … sufficient proof that the notice was given. § 322.251(2). Consistent with Fields, we conclude that in

Sawyer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-26T00:53:00-07:00

Citation: 819 So. 2d 966

Snippet: ;s license suspended or revoked pursuant to s. 322.251. (2) Within 5 working days after the issuance of…Section 3 of Chapter 98-223, which became section 322.251, provides details as to notice and other matters…driver's license statute, provides in section 322.251(7)(a)(1) that a driver's license revoked under

DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Critchfield

Court: Fla. Dist. Ct. App. | Date Filed: 2002-01-03T23:53:00-08:00

Citation: 805 So. 2d 1034

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

Rodgers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-04T23:53:00-08:00

Citation: 804 So. 2d 480

Snippet: [5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice. [6] See § 322.251(6), Fla…one requiring notice of the revocation, section 322.251(2) provides: "Proof of the giving of notice…is suspended or revoked...."). [9] See § 322.251(3), Fla. Stat. (2000) ("Whenever the driving

Vichich v. DHSMV

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-21T00:53:00-07:00

Citation: 799 So. 2d 1069

Snippet: DHSMV presumably based its actions on sections 322.251 and 322.27, Florida Statutes (1999). Section 322.27…revocation is required upon conviction. Section 322.251 requires the DHSMV to provide the licensee notice