Florida Statutes

Fla. Stat. § 322.26 (2025)

Mandatory revocation of license by department.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 34 cases, 1945–2014 · leading case: Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012).

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Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). · cites it 4× “For example, an unlicensed driver would lose her driving privilege under section 322.26, Florida Statutes, which requires DHSMV to "revoke the license or driving privilege of any person upon receiving a record of such person's conviction of" certain offenses, including murder or…”

FLA. DHSMV v. Critchfield, 842 So. 2d 782 (Fla. 2003). · cites it 2× “Section 8 amends section 322.26, Florida Statutes which deals with mandatory revocation of driver's licenses.”

Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989). · cites it 3× “We remand the case to the trial court for further proceedings in compliance with section 322.26. LEHAN and ALTENBERND, JJ.”

Lite v. State, 617 So. 2d 1058 (Fla. 1993). · cites it 2× “(1989) (failure of automobile owner to have liability insurance even if owner is not involved in accident); § 322.26(5), Fla. Stat. (1989) (committing perjury related to the ownership of a motor vehicle); §§ 318.”

Dept. of High. Saf. & Motor Vehs. v. Critchfield, 805 So. 2d 1034 (Fla. 5th DCA 2002). · cites it 2× “Section 8 amends section 322.26, Florida Statutes which deals with mandatory revocation of driver's licenses.”

State, Dept. of Hwy. Saf. v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996). · cites it 3× “Upon receiving notice of the conviction, the Department of Highway Safety and Motor Vehicles (the "Department") sent Degrossi an order of license revocation, suspension or cancellation, pursuant to Section 322.26(2), Florida Statutes (1995).”

State, Dept. of High. Saf. v. Vogt, 489 So. 2d 1168 (Fla. 2d DCA 1986). · cites it 2× “The key to the decision we reach in this case is the recognition that the revocation of a driver's license, which is mandatory under section 322.26, Florida Statutes (1983), when the holder of the license has been convicted of DUI, is not part of the sentence imposed for the DUI…”

Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991). · cites it 2× “2d DCA 1989); § 322.26(3), Fla. Stat. (1987). Accordingly, we vacate that portion *1303 of the sentence relating to the revocation of the defendant's license, and remand for further consideration consistent with this opinion.”

Smith v. City of Gainesville, 93 So. 2d 105 (Fla. 1957). · cites it 2× “Section 322.26, Florida Statutes, F.S.A. Among these offenses are driving "a motor vehicle while under the influence of intoxicating liquor or a narcotic drug.”

Ingram v. Pettit, 340 So. 2d 922 (Fla. 1976). “Section 322.26, Fla. Stat. (1973). In 1943, the minimum financial penalty for mere drunk driving was reduced to .”

Watson v. State, 556 So. 2d 489 (Fla. 2d DCA 1990). · cites it 4× “The state contends, however, that the felonies involved the use of a motor vehicle in which case, pursuant to section 322.26(3), Florida Statutes (1987), the trial court could send the record of the convictions to the Department of Highway Safety and Motor Vehicles which would…”

Larcher v. Dep't of High. Saf., 736 So. 2d 1249 (Fla. 5th DCA 1999). · cites it 5× “The Department, upon receiving notice of the conviction, sent defendant an order of license revocation, suspension or cancellation pursuant to section 322.26(2), Florida Statutes (1995), which mandates that the Department revoke the license of any individual convicted of DUI.”

Show all 34 citing cases →

— 322.26(1)(a) — 1 case

Webb v. State, 816 So. 2d 1190 (Fla. 4th DCA 2002).

— 322.26(2) — 3 cases

State, Dept. of Hwy. Saf. v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996). “Upon receiving notice of the conviction, the Department of Highway Safety and Motor Vehicles (the "Department") sent Degrossi an order of license revocation, suspension or cancellation, pursuant to Section 322.26(2), Florida Statutes (1995).”

Larcher v. Dep't of High. Saf., 736 So. 2d 1249 (Fla. 5th DCA 1999). “The Department, upon receiving notice of the conviction, sent defendant an order of license revocation, suspension or cancellation pursuant to section 322.26(2), Florida Statutes (1995), which mandates that the Department revoke the license of any individual convicted of DUI.”

Webb v. State, 816 So. 2d 1190 (Fla. 4th DCA 2002).

— 322.26(3) — 10 cases

Mandile v. State, 547 So. 2d 1062 (Fla. 2d DCA 1989). “We remand the case to the trial court for further proceedings in compliance with section 322.26. LEHAN and ALTENBERND, JJ.”

Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991). “2d DCA 1989); § 322.26(3), Fla. Stat. (1987). Accordingly, we vacate that portion *1303 of the sentence relating to the revocation of the defendant's license, and remand for further consideration consistent with this opinion.”

Watson v. State, 556 So. 2d 489 (Fla. 2d DCA 1990). “The state contends, however, that the felonies involved the use of a motor vehicle in which case, pursuant to section 322.26(3), Florida Statutes (1987), the trial court could send the record of the convictions to the Department of Highway Safety and Motor Vehicles which would…”

Hope v. State, 588 So. 2d 255 (Fla. 5th DCA 1991).

Spera v. State, 556 So. 2d 487 (Fla. 2d DCA 1990).

— 322.26(5) — 1 case

Lite v. State, 617 So. 2d 1058 (Fla. 1993). “(1989) (failure of automobile owner to have liability insurance even if owner is not involved in accident); § 322.26(5), Fla. Stat. (1989) (committing perjury related to the ownership of a motor vehicle); §§ 318.”

— 322.26(8) — 1 case

Schottel v. State, 590 So. 2d 486 (Fla. 2d DCA 1991).

— 322.26(l)(a) — 2 cases

Silha v. Dep't of High. Saf. & Motor Vehs., Div. of Driver Licenses of Florida, 109 So. 3d 820 (Fla. 1st DCA 2013).

Weber v. Dep't of High. Saf. & Motor Vehs., 845 So. 2d 300 (Fla. 5th DCA 2003).

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