Florida Statute 322.264 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.264

322.264 “Habitual traffic offender” defined.—A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;

(d) Driving a motor vehicle while his or her license is suspended or revoked;

(e) Failing 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; or

(f) Driving a commercial motor vehicle while his or her privilege is disqualified.

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).

Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

History.—s. 2, ch. 72-175; s. 21, ch. 73-331; s. 4, ch. 74-384; s. 8, ch. 84-359; s. 21, ch. 86-296; s. 21, ch. 89-282; ss. 11, 21, ch. 91-255; s. 13, ch. 97-96; s. 291, ch. 99-248.

F.S. 322.264 on Google Scholar

F.S. 322.264 on Casetext

Amendments to 322.264

Arrestable Offenses / Crimes under Fla. Stat. 322.264

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.264.

Annotations, Discussions, Cases:

Cases Citing Statute 322.264

Total Results: 20

JESSICA SHAE STRICKLAND v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-02-23

Snippet: specified offenses within a five-year period. See § 322.264, Fla. Stat. (2023). A mechanism exists for the

Henry Lee Robinson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-11-18

Snippet: [certain enumerated] offenses” set forth in section 322.264, Florida Statutes, or who has accumulated “[f]ifteen

STEVEN J. WOODBURY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-09-04

Snippet: driver license has been revoked pursuant to s. 322.264 (habitual offender) . . . [commits a crime].")

BRIAN ALEXANDER FUNDERBURK v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-02-20

Citation: 264 So. 3d 980

Snippet: provided by law, except persons defined in s. 322.264 [i.e. habitual traffic offenders], who, knowing

Willie Floyd v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-11-20

Citation: 259 So. 3d 937

Snippet: law calls a “habitual traffic offender.” See § 322.264, Fla. Stat. (2014). When an officer pulled him

SHAWN E. MYERS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 247 So. 3d 78

Snippet: driver's license has been revoked pursuant to section 322.264. Myers alleged that he never possessed a Florida

John Eugene Williams, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 356

Snippet: “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of

State of Florida v. Daryl Miller

Court: Supreme Court of Florida | Date Filed: 2017-09-28

Citation: 227 So. 3d 562

Snippet: driver license that has been revoked under section 322.264, Florida.Statutes (2017). Miller filed a sworn

Alphonso Finney v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-05-19

Citation: 219 So. 3d 254, 2017 WL 2211427, 2017 Fla. App. LEXIS 7238

Snippet: “habitual traffic offender” as defined in section 322.264. 2 , 3 The trial court denied

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-02

Citation: 198 So. 3d 1151, 2016 Fla. App. LEXIS 13279, 2016 WL 4607547

Snippet: driver’s license had been revoked pursuant to s. 322.264 (habitual traffic offender), contrary to Florida

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Snippet: driver's license had been revoked pursuant to s. 322.264 (habitual traffic offender), contrary to Florida

State v. Miller

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 193 So. 3d 1001, 2016 Fla. App. LEXIS 8290, 2016 WL 3066474

Snippet: of a driver’s license for purposes of section 322.264, Florida Statutes (1997).” But this reads language

State v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 118 So. 3d 270, 2013 WL 3815620, 2013 Fla. App. LEXIS 11617

Snippet: Habitual Traffic Offender, as defined in section 322.264, Florida Statutes (2012), in violation of section

State v. Aiden

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 118 So. 3d 264, 2013 WL 3814960, 2013 Fla. App. LEXIS 11612

Snippet: driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle

Gil v. State

Court: Supreme Court of Florida | Date Filed: 2013-07-11

Citation: 118 So. 3d 787, 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429

Snippet: a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this

McKnight v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-24

Citation: 95 So. 3d 1026, 2012 WL 3627393, 2012 Fla. App. LEXIS 14163

Snippet: LAWSON and EVANDER, JJ„ concur. . §§ 322.34(5), 322.264, Fla. Stat. (2008). . § 316.193(1), Fla. Stat

State v. Wooden

Court: District Court of Appeal of Florida | Date Filed: 2012-07-11

Citation: 92 So. 3d 886, 2012 WL 2849648, 2012 Fla. App. LEXIS 11111

Snippet: driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle

Anderson v. State

Court: Supreme Court of Florida | Date Filed: 2012-03-15

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

Snippet: provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

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

Snippet: revoked, pursuant to Florida Statutes, Section 322.264 (Habitual Offender), contrary to the provisions

State v. Gil

Court: District Court of Appeal of Florida | Date Filed: 2011-09-07

Citation: 68 So. 3d 999, 2011 Fla. App. LEXIS 14136, 2011 WL 3903157

Snippet: a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this