Florida Statute 322.26 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.26

322.26 Mandatory revocation of license by department.—The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person’s conviction of any of the following offenses:

(1)(a) Murder resulting from the operation of a motor vehicle, DUI manslaughter where the conviction represents a subsequent DUI-related conviction, or a fourth violation of s. 316.193 or former s. 316.1931. For such cases, the revocation of the driver license or driving privilege shall be permanent.

(b) Manslaughter resulting from the operation of a motor vehicle.

(2) Driving a motor vehicle or being in actual physical control thereof, or entering a plea of nolo contendere, said plea being accepted by the court and said court entering a fine or sentence to a charge of driving, while under the influence of alcoholic beverages or a substance controlled under chapter 893, or being in actual physical control of a motor vehicle while under the influence of alcoholic beverages or a substance controlled under chapter 893. In any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses, the revocation of the license or driving privilege shall be permanent, except as provided for in s. 322.271(4).

(3) Any felony in the commission of which a motor vehicle is used.

(4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another.

(5) Perjury or the making of a false affidavit or statement under oath to the department under this law, or under any other law relating to the ownership or operation of motor vehicles.

(6) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

(7) Any violation of the law against lewdness, assignation, and prostitution where such violation has been effected through the use of a motor vehicle.

(8) Conviction in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the revocation of the licensee’s driving privilege.

(9) Conviction in any court having jurisdiction over offenses committed under s. 817.234(8) or (9) or s. 817.505.

History.—s. 38, ch. 19551, 1939; CGL 1940 Supp. 4151(652); s. 38, ch. 20451, 1941; s. 1, ch. 21764, 1943; s. 4, ch. 61-457; s. 2, ch. 65-124; s. 20, ch. 73-331; s. 1, ch. 77-119; s. 2, ch. 78-204; s. 46, ch. 89-282; s. 6, ch. 96-330; s. 8, ch. 98-223; s. 290, ch. 99-248; s. 3, ch. 2006-305.

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Amendments to 322.26

Annotations, Discussions, Cases:

Cases Citing Statute 322.26

Total Results: 29

Ingram v. Pettit

340 So. 2d 922

Supreme Court of Florida | Filed: Dec 9, 1976 | Docket: 1708989

Cited 40 times | Published

of Florida (1941). That duty exists today. Section 322.26, Fla. Stat. (1973). In 1943, the minimum financial

Smith v. City of Gainesville

93 So. 2d 105

Supreme Court of Florida | Filed: Mar 1, 1957 | Docket: 1502483

Cited 25 times | Published

mandatorily follows conviction for certain offenses. Section 322.26, Florida Statutes, F.S.A. Among these offenses

Lite v. State

617 So. 2d 1058, 1993 WL 113519

Supreme Court of Florida | Filed: Apr 15, 1993 | Docket: 457914

Cited 23 times | Published

insurance even if owner is not involved in accident); § 322.26(5), Fla. Stat. (1989) (committing perjury related

FLA. DHSMV v. Critchfield

842 So. 2d 782

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

Cited 15 times | Published

expiration of license plates. Section 8 amends section 322.26, Florida Statutes which deals with mandatory

STATE, DEPT. OF HIGHWAY SAFETY v. Vogt

489 So. 2d 1168, 11 Fla. L. Weekly 1196

District Court of Appeal of Florida | Filed: May 23, 1986 | Docket: 546059

Cited 14 times | Published

driver's license, which is mandatory under section 322.26, Florida Statutes (1983), when the holder of

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

expiration of license plates. Section 8 amends section 322.26, Florida Statutes which deals with mandatory

STATE, DEPT. OF HWY. SAFETY v. Degrossi

680 So. 2d 1093, 1996 WL 577412

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1663810

Cited 8 times | Published

revocation, suspension or cancellation, pursuant to Section 322.26(2), Florida Statutes (1995). Succinctly, this

Hope v. State

588 So. 2d 255, 1991 WL 200769

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 1708501

Cited 7 times | Published

section 27.56. REVOCATION OF DRIVER'S LICENSE Section 322.26(3), Florida Statutes, provides that the Department

Vinyard v. State

586 So. 2d 1301, 1991 WL 196284

District Court of Appeal of Florida | Filed: Oct 2, 1991 | Docket: 2524686

Cited 7 times | Published

Mandile v. State, 547 So.2d 1062 (Fla. 2d DCA 1989); § 322.26(3), Fla. Stat. (1987). Accordingly, we vacate

Mandile v. State

547 So. 2d 1062, 1989 WL 101236

District Court of Appeal of Florida | Filed: Aug 25, 1989 | Docket: 406853

Cited 7 times | Published

privilege of such convicted operator or chauffeur. § 322.26(3), Fla. Stat. (1987).[2] *1063 Accordingly, we

Crain v. State

79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2357556

Cited 6 times | Published

driver would lose her driving privilege under section 322.26, Florida Statutes, which requires DHSMV to

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

privilege has been permanently revoked pursuant to section 322.26 or 322.28 and who drives a motor vehicle upon

Larcher v. DEPARTMENT OF HIGHWAY SAFETY

736 So. 2d 1249, 1999 WL 445846

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1431911

Cited 2 times | Published

revocation, suspension or cancellation pursuant to section 322.26(2), Florida Statutes (1995), which mandates

Hughes v. State

578 So. 2d 50

District Court of Appeal of Florida | Filed: Apr 19, 1991 | Docket: 2583485

Cited 2 times | Published

Mandile v. State, 547 So.2d 1062 (Fla. 2d DCA 1989); § 322.26(3), Fla. Stat. (1987). Accordingly, we affirm

Bartels v. State

24 So. 2d 40, 156 Fla. 535, 1945 Fla. LEXIS 919

Supreme Court of Florida | Filed: Nov 6, 1945 | Docket: 3259220

Cited 2 times | Published

Section 322.25 when construed in connection with Section 322.26, Fla. Statutes 1941, F.S.A. In this general

Webb v. State

816 So. 2d 1190, 2002 WL 1021559

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1753560

Cited 1 times | Published

guilty of a felony of the third degree.... Section 322.26(1)(a) provides for the permanent revocation

Simmons v. State

767 So. 2d 666, 2000 WL 1459618

District Court of Appeal of Florida | Filed: Oct 3, 2000 | Docket: 2533053

Cited 1 times | Published

revoking the defendant's driver's license. Section 322.26, Florida Statutes authorizes a license revocation

Spera v. State

556 So. 2d 487, 1990 WL 7532

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 862196

Cited 1 times | Published

Department must revoke the license of the operator. See § 322.26(3), Fla. Stat. (1987) and Mandile v. State, 547

Silha v. Department of Highway Safety & Motor Vehicles, Division of Driver Licenses of Florida

109 So. 3d 820, 2013 WL 646052, 2013 Fla. App. LEXIS 2958

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60229807

Published

Florida driver’s license under those facts. Section 322.26(l)(a), Florida Statutes (1999), which the trial

Department of Highway Safety & Motor Vehicles v. Crane

10 So. 3d 182, 2009 Fla. App. LEXIS 2720, 2009 WL 886225

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1132466

Published

driver's license, which is mandatory under section 322.26, Florida Statutes (1983), when the holder of

Anderson v. State

890 So. 2d 428, 2004 Fla. App. LEXIS 19995, 2004 WL 2996783

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835281

Published

*429judgment.1 The judgment erroneously cites to section “322.26 or 28,” when the correct statutory citation

Weber v. Department of Highway Safety & Motor Vehicles

845 So. 2d 300, 2003 Fla. App. LEXIS 7141, 2003 WL 21105347

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 64822849

Published

felony driving under the influence. Pursuant to section 322.26(l)(a), Florida Statutes (1998 Supp.), the Department

Schottel v. State

590 So. 2d 486, 1991 Fla. App. LEXIS 11949, 1991 WL 248627

District Court of Appeal of Florida | Filed: Nov 27, 1991 | Docket: 64663724

Published

his driver’s license. The state argues that section 322.26(3), Florida Statutes (1989) authorizes the

Morris v. State

590 So. 2d 468, 1991 Fla. App. LEXIS 13345, 1991 WL 286301

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 64663715

Published

for further proceedings in compliance with section 322.26, Florida Statutes (1987). SCHEB, A.C.J., and

Stuart v. State

579 So. 2d 864, 1991 Fla. App. LEXIS 4746, 1991 WL 85533

District Court of Appeal of Florida | Filed: May 22, 1991 | Docket: 64658810

Published

driving license privilege of the convicted. See § 322.26(3), Fla.Stat. (1987); Hughes v. State, 578 So

Watson v. State

556 So. 2d 489, 1990 Fla. App. LEXIS 593, 1990 WL 7538

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 64647984

Published

a motor vehicle in which case, pursuant to section 322.26(3), Florida Statutes (1987), the trial court

Vachris v. State

553 So. 2d 375, 14 Fla. L. Weekly 2835, 1989 Fla. App. LEXIS 6852, 1989 WL 147984

District Court of Appeal of Florida | Filed: Dec 8, 1989 | Docket: 64646837

Published

revoke the driving privilege pursuant to Florida Statute 322.26(3) (1987). Accordingly, we vacate that

State, Department of Highway Safety & Motor Vehicles v. Bell

505 So. 2d 472, 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 64626396

Published

cases cognizable in circuit court. See, e.g., § 322.26(3) and (4), Fla.Stat. (1985). However, where no

State v. Naughton

395 So. 2d 581, 1981 Fla. App. LEXIS 18940

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581135

Published

hospital. There is nothing in the statute, section 322.26, Florida Statutes (1977), which requires that