Florida Statutes
Fla. Stat. § 322.264 (2025)
“Habitual traffic offender” defined.
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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;
(c) Any felony in the commission of which a motor vehicle is used;
(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.
Notes of Decisions
Cited in 75
cases (2 in the last 5 years), 1973–2024 · leading case: State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017).
State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017). “34(5), Florida Statutes (2017), which provides a third-degree felony penalty for “habitual traffic offenders” who drive with a driver license that has been revoked under section 322.264, Florida Statutes (2017).”
Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). “34(5), which makes it a third-degree felony for a person to drive while his driver's license is revoked pursuant to section 322.264, Florida Statutes (2009).”
Bolware v. State, 995 So. 2d 268 (Fla. 2008). “It was not until six months later that the Department of Highway Safety and Motor Vehicles noticed it was Bolware's third conviction for the same offense (DWLSR) and decided that he was a habitual traffic offender.”
State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). “traffic offender, and the revocation of this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264, Florida Statutes (1997).”
Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “34(5) the state was required to prove three elements: (1) DMV had revoked defendant's driver's license as a habitual offender under section 322.264; (2) DMV gave defendant notice of the revocation of his license; and (3) defendant operated a motor vehicle upon a highway of…”
Alphonso Finney v. State of Florida, 219 So. 3d 254 (Fla. 1st DCA 2017). “34(2)(c) because he was a “habitual traffic offender” as defined in section 322.264. 2 , 3 The trial court denied Finney’s motion, noting that the result advocated by Finney “cannot possibly have been the intent of the legislature and this result goes against public policy and…”
Carroll v. State, 761 So. 2d 417 (Fla. 2d DCA 2000). “) The State responds that even though appellant did not have a driver's license, he did have a "driving privilege" that had been revoked due to his status as a habitual traffic offender, and the revocation of this driving privilege was the equivalent of revocation of a driver's…”
K.J. Ex Rel. A.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010). “193 (2)(b) (2008) (any person who commits DUI and has previously been convicted two or more times for the same offense, commits a felony of the third degree); Fla. Stat. § 322.264 (1) (2008) (any person who commits a traffic violation and has previously accumulated a specific…”
Gil v. State, 118 So. 3d 787 (Fla. 2013). “§ 322.264, Fla. Stat. (2012) (emphasis supplied).”
Carter v. State, 23 So. 3d 1238 (Fla. 4th DCA 2009). “Authorizing a revocation for a “habitual traffic offender,” section 322.264, Florida Statutes (2007), provides: *1244 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…”
State v. Phillips, 852 So. 2d 922 (Fla. 1st DCA 2003). “Phillips, had been designated a "habitual traffic offender" in 1998 under section 322.264, Florida Statutes (1997), [1] his license was revoked under section 322.”
Raulerson v. State, 763 So. 2d 285 (Fla. 2000). “01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.”
— 322.264(1) — 1 case
Logan v. State, 877 So. 2d 952 (Fla. 4th DCA 2004).
— 322.264(1)(a) — 1 case
Webb v. State, 816 So. 2d 1190 (Fla. 4th DCA 2002).
— 322.264(1)(d) — 10 cases
Raulerson v. State, 763 So. 2d 285 (Fla. 2000). “01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.”
Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “34(5) the state was required to prove three elements: (1) DMV had revoked defendant's driver's license as a habitual offender under section 322.264; (2) DMV gave defendant notice of the revocation of his license; and (3) defendant operated a motor vehicle upon a highway of…”
State v. Keirn, 720 So. 2d 1085 (Fla. 4th DCA 1998).
John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018).
State v. Harvey, 693 So. 2d 1009 (Fla. 4th DCA 1997).
— 322.264(2) — 4 cases
Coney v. State, 995 So. 2d 1038 (Fla. 4th DCA 2008).
Gil v. State, 118 So. 3d 787 (Fla. 2013). “§ 322.264, Fla. Stat. (2012) (emphasis supplied).”
Webb v. State, 816 So. 2d 1190 (Fla. 4th DCA 2002).
State, Dep't of High. Saf. & Motor Vehs. v. Meck, 468 So. 2d 993 (Fla. 5th DCA 1984).
— 322.264(l)(b) — 3 cases
Carter v. State, 23 So. 3d 1238 (Fla. 4th DCA 2009). “Authorizing a revocation for a “habitual traffic offender,” section 322.264, Florida Statutes (2007), provides: *1244 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…”
Johnson v. State, 32 So. 3d 728 (Fla. 1st DCA 2010).
State v. Goddu, 42 Fla. Supp. 2d 222 (Fla. Volusia Cty. Ct. 1990).
— 322.264(l)(d) — 2 cases
Alphonso Finney v. State of Florida, 219 So. 3d 254 (Fla. 1st DCA 2017). “34(2)(c) because he was a “habitual traffic offender” as defined in section 322.264. 2 , 3 The trial court denied Finney’s motion, noting that the result advocated by Finney “cannot possibly have been the intent of the legislature and this result goes against public policy and…”
State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). “traffic offender, and the revocation of this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264, Florida Statutes (1997).”
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