Florida/Georgia Personal Injury & Workers Compensation

...As a result of the 1995 amendment, section 322.34(1), Florida Statutes (1995) [3] , sets forth in full: (1) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s....

...d three elections in a lifetime. A disposition outside of the section 318.14(10) procedure, regardless of whether adjudication is withheld or imposed, is a "conviction" within the meaning of section 322.01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.34....

...The information charged that Keirn had two prior convictions. Keirn moved to dismiss the driving while license suspended charge. Section 322.34(1) provides: (1) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s....

...d three elections in a lifetime. A disposition outside of the section 318.14(10) procedure, regardless of whether adjudication is withheld or imposed, is a "conviction" within the meaning of section 322.01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.34....

...ot have a driver's license, he did have a "driving privilege" that had been revoked due to his status as a habitual traffic offender, and the revocation of this driving privilege was the equivalent of revocation of a driver's license for purposes of section 322.264, Florida Statutes (1997)....

...icense is suspended or revoked. Our review of the statutes leads us to agree with the State. Appellant was convicted pursuant to section 322.34(5), Florida Statutes (1997), which states: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this *419 state while such license is revoked is guilty of a felony of the third degree. Section 322.264, Florida Statutes (1997), the "habitual traffic offender" section, provides, in pertinent part: A "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that...

...victions of any one or more of the following offenses arising out of separate acts: * * * (d) Driving a motor vehicle while his or her license is suspended or revoked. The Department's authority to revoke an individual's driver's license pursuant to section 322.264 may be found in section 322.27(5), Florida Statutes (1997), which provides: (5) The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....

...Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. EN BANC HARRIS, J. We elect to consider this case en banc. Here, Arthur was charged with violating sections 322.34 and 322.264, Florida Statutes, because he was caught driving a vehicle after being notified that he had been designated an "habitual traffic offender" according to the records maintained by the Department of Highway Safety and Motor Vehicles (Department) resulting in his driving privileges being revoked....

...tual offender to drive a motor vehicle upon the highways of this state. Thus, the elements of the offense are (1) that while defendant's license was revoked as an "habitual offender" (2) he drove a motor vehicle upon the highways of this state. *591 Section 322.264, Florida Statutes, defines "habitual traffic offender" as "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 o...

...Specifically, he argues that the state was required to prove each of the qualifying convictions for DWLS separately and with all the formalities. We disagree and affirm. In this appeal, defendant was convicted of a violation of section 322.34(5), which provides: "Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony...." [1] As evidence of the offense, the state presented a certified copy of a computer printout of de...

...e him the statutory notice of the revocation. [4] As the statutory text itself provides, to convict under section 322.34(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 Florida while the license was revoked....

...was given." [5] The question we address is defendant's contention that the computer printout was insufficient to present a prima facie case of the first and second elements of the section 322.34(5) violation. A revocation of a driver's license under section 322.264 is done by DMV, the state agency charged with issuing drivers' licenses and maintaining records for each motorist as to driving offenses, as well as any suspension and revocation of the driving privilege....

...(2000) ("Every court having jurisdiction over offenses committed under this chapter, or any other law of this state regulating the operation of motor vehicles on highways, shall forward to the department a record of the conviction of any person in said court for a violation of any said laws...."). [8] See supra note 5, and § 322.264(1)(d), Fla....

...However, the trial court did not revoke his license at that time. 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. See § 322.264, Fla....

...river license before entering a plea to a criminal offense because revocation is a direct consequence of the plea. NOTES [1] This section provides: The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....

...ense counsel the majority relegates its discussion of this issue to a footnote. [10] Bolware's license was revoked for a period of five years. [11] Being designated a habitual traffic offender requires the defendant to meet the criteria specified in section 322.264, Florida Statutes (2007), concerning having committed the number or type of traffic-related offenses outlined in the statute.

...Mark Wayne Patterson appeals an order withholding adjudication and placing him on probation for a series of motor vehicle offenses, the most serious of which was the third-degree felony offense of driving while license suspended as a habitual traffic offender. See §§ 322.264, .34(5), Fla....

...Patterson was charged with a number of traffic infractions. At the time, Mr. Patterson's license was suspended because the Department of Highway Safety and Motor Vehicles (DHSMV) had classified him as a habitual traffic offender and suspended his license as required by section 322.264....

...Patterson's fifth offense of driving while license suspended, he was not charged under section 322.34(2)(c). Instead, he was charged with a violation of section 322.34(5), which provides: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree. . . . Section 322.264 defines a "habitual traffic offender" as a person whose driving record, as maintained by the Department of Highway Safety and Motor Vehicles (DHSMV), reflects three or more convictions for specified moving traffic offenses (including driving while license suspended), occurring within five years....

...Patterson's case, therefore, is distinguishable from Beach, Hlad, and their progeny because his conviction rests on a substantially different statutory structure. Mr. Patterson does not challenge the validity of the civil disability imposed by sections 322.264 and 322.27(5)....

...of Highway Safety and Motor Vehicles, Tallahassee, for appellees. BOYD, Justice. This cause is before us on appeal from a decision of the District Court of Appeal, Third District, denying Appellant's petition for writ of certiorari. [1] In its opinion, the District Court passed upon the validity of Sections 322.264 [2] (Habitual traffic offender defined) and 322.27(5) [3] (Authority of department to suspend or revoke license), Florida Statutes, F.S.A., giving this Court jurisdiction of the direct appeal under Article V, Section 3(b)(3) of the Constitution of the State of Florida, F.S.A....

...riod of eleven (11) months, giving Appellant credit for one (1) month's time served. On January 26, 1973, Appellant requested an administrative hearing, which was held on February 6, 1973. The hearing officer found that Appellant was in violation of Section 322.264, Florida Statutes, F.S.A., and was a "habitual traffic offender" in that within a five (5) year period, he had received 15 convictions for moving traffic offenses for which points were assessed: as a result, Appellee suspended Appellant's driving privilege effective February 22, 1973, for a period of five (5) years. In the District Court, Appellant challenged the constitutionality of Sections 322.264 and 322.27(5), Florida Statutes, F.S.A., alleging that they: deny substantive due process; are not reasonably related to the health, safety, welfare, or morals of the people; constitute a denial of equal protection; operate in an ex post facto fashion; and constitute a cruel and unusual punishment....

...(2) Fifteen (15) convictions for moving traffic offenses for which points may be assessed as set forth in section 322.27, Florida Statutes, including those offenses in subsection (1)." [3] "(5) The department shall revoke the license of any person designated an habitual offender, as set forth in section 322.264, and such person shall not be eligible to be relicensed for a minimum of five (5) years from the date of revocation....

...thin a thirty-six month period, the suspension shall be for a period of not more than one year." [5] City of Miami v. Aronovitz, 114 So.2d 784 (Fla. 1959). [6] 62 So.2d 740 (Fla. 1953). [7] Smith v. City of Gainesville, 93 So.2d 105 (Fla. 1957). [8] Section 322.264, Florida Statutes, F.S.A....

...Section 322.34 is titled “Driving while license suspended, revoked, canceled, or disqualified” and provides: (1) Except as provided in subsection (2), any person whose driver’s license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318. (2) Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s....

...775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, *789 punishable as provided in s. 775.082, s. 775.088, or s. 775.084. [[Image here]] (5) Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s....

...Additionally, subsection (2) specifically excludes habitual traffic offenders under subsection (5) from its application: “Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264- [the habitual traffic offender statute].......

...is based on the number of “points ” a driver has accumulated pursuant to the point system provided in section 322.27 over a certain period of time, whereas subsection (5) is based on the number of convictions for the offenses listed in sections 322.264(1) and (2) over a five-year period....

..., does not apply to habitual traffic *791 offenders. Franklin, 816 So.2d at 1204 (“[B]y definition, Franklin cannot be convicted of a violation of s. 322.34(2), which expressly does not apply to persons whose licenses have been revoked pursuant to s. 322.264, i....

...s. This statutory subsection expressly provides that it does not apply to habitual traffic offenders: (2) Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 [i.e., habitual traffic offenders], who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A firs...

...403.413(6)(b) — 3 points. 10. Any conviction under s. 316.0775(2) [possession of traffic signal preemption device] — 4 points.[ 5 ] [[Image here]] (5) The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....

...nother; 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). § 322.264, Fla. Stat. (2012) (emphasis supplied). Thus, upon three convictions of driving with a suspended or revoked license within a five-year period, a driver not only qualifies as a habitual traffic offender under section 322.264, but revocation of his or her license is mandatory....

...Moreover, while a certain number of points assessed against a driver within twelve, eighteen, or twenty-four months can lead to license suspension under section 322.27(3), fifteen convictions under the same point system within a five-year period leads to mandatory license revocation as a habitual traffic offender. §§ 322.264(2), 322.27(5), Fla....

...ussed a proposed amendment to section 322.34 that was eventually adopted by the Florida Legislature: The bill further amends [section 322.34] to provide that any person whose license has been revoked for being a Habitual Traffic Offender pursuant to s. 322.264 and who knowingly drives with a revoked license is guilty of a third degree felony....

...PARIENTE, QUINCE, LABARGA, and PERRY, JJ., concur. POLSTON, C.J., and CANADY, J., concur in result. . Section 322.27(5), Florida Statutes (2012), states: "The [Department of Highway Safety and Motor Vehicles] shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....

...(2012) (failure to pay child support). . Further, if a third conviction under the DWLS provision occurs within a five-year period, the driver will be designated as a habitual traffic offender, which entails a mandatory five-year license revocation under section 322.27(5). See 322.264(l)(d), Fla....

...State, 647 So.2d 206, 208 (Fla. 1st DCA 1994). The information charged Mr. Crain with driving "a motor vehicle upon the highways of this State, while his driver's license or driving privilege was cancelled, suspended or revoked, pursuant to Florida Statutes, Section 322.264 (Habitual Offender), contrary to the provisions of Section 322.34(5), Florida Statutes," even though section 322.34(5) says nothing about any "driving privilege" distinct from a driver's license....

...ivilege to drive if licensed by the State of Florida with a valid driver's license." Mr. Crain was convicted of violating section 322.34(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)....

...an operator's license as defined in 49 U.S.C. s. 30301." § 322.01(17), Fla. Stat. (2009). Mr. Crain was convicted of violating section 322.34(5), Florida Statutes (2009) which provides: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (Emphasis supplied.) Section 322.264, Florida Statutes (2009), defines a "habitual traffic offender" as: *121 [A]ny person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of c...

...enses arising out of separate acts: . . . . (d) Driving a motor vehicle while his or her license is suspended or revoked. (Emphasis supplied.) Furthermore, DHSMV "shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....

...2d DCA 2000), adopted the state's argument 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 license for purposes of section 322.264, Florida Statutes (1997)." But this reads language into the statute that the Legislature did not enact....

...ficer must determine, inter alia, if revocation is for habitual traffic offender status) (emphasis added); 322.34(10)(a)(6) and (b) (providing a less severe criminal penalty for driving when one has "been designated a habitual traffic offender under s. 322.264(1) as a result of suspensions of his or her driver's license or driver privilege " for specified violations) (emphasis added)....

...branded "habitual." Today's decision allows the appellant—and now every potential habitual traffic offender—to escape punishment by exploiting an instance of imprecise statutory drafting. I am also concerned that the majority's reading of sections 322.264, 322.27(5) and 322.34(5) as operating only against licensed persons not only obstructs legislative intent as to those provisions, but also affects the operation of any other provisions in chapter 322 that may lack the phrase "or driving privi...

...tified copies of the prior convictions for driving while license revoked. The State conceded that it was unable to produce all certified copies of prior convictions but asserted that it could establish the guilt of the appellees pursuant to sections 322.264 and 322.34(5), Florida Statutes....

...The first two offenses under section 322.34(2) are misdemeanors, whereas a third or subsequent conviction is a third-degree felony. The second method is under section 322.34(5), which is an entirely dependent provision with respect to an accused's having been determined to be a habitual traffic offender pursuant to section 322.264....

...That is what the state did in its prosecution in this case. Hence the state made out a prima facie case, which allowed the trier of fact to find defendant guilty of the section 322.34(5) violation. 804 So.2d at 483. We agree that when a driver has been deemed a habitual traffic offender pursuant to section 322.264 and has received adequate administrative due process as provided by that section, it is not necessary to produce certified records of the prior convictions under section 322.34(5)....

...[2] Each information failed to list the statute in the title and was concluded by the following language: "did then and there drive and operate a motor vehicle upon a highway of the State of Florida, while his driver's license or driving privilege was revoked pursuant to Florida Statute 322.264 (habitual offender), contrary to Florida Statute 322.34....

...The trial judge did not abuse her discretion in admitting the testimony. The State Failed to Prove All the Elements of Felony Driving While License Revoked Under section 322.34, Florida Statutes (2007), a person commits felony driving on a revoked license when (1) his "driver's license has been revoked pursuant to s. 322.264 (habitual offender) and [2] [he] drives any motor vehicle upon the highways of this state while such license is revoked." § 322.34(5), Fla. Stat. (2007). 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 accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period. Subsections (1) and (2) of section 322.264 specify the types of convictions that can give rise to the "habitual traffic offender" designation and suspension. Among these are driving a motor vehicle on a suspended or revoked license and "any violation of s. 316.193" (driving under the influence). § 322.264(1)(b), (d), Fla. Stat. (2007). The state may use a defendant's driving record from the Department of Highway Safety and Motor Vehicles to prove the fact of a section 322.264 suspension, that the statutory notice was given, and the convictions that gave rise to the suspension. See Rodgers v. State, 804 So.2d 480, 483 (Fla. 4th DCA 2001). If the record offered by the state fails to designate the requisite convictions to justify the habitual traffic offender designation under section 322.264, then the state has failed to make a prima facie case for a section 322.34 felony violation for driving on a revoked license....

...l offender designation. We reverse, as the court erred in denying Kallelis's motion for judgment of acquittal on this record. Section 322.34(5), Florida Statutes (2003), provides that "[a]ny person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree. . . ." A "habitual traffic offender" is defined in section 322.264, Florida Statutes, as "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." (Emphasis added)....

...f bad behavior differently than a single occurrence. See e.g., Fla. Stat. § 316.193(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 number of traffic violations may be adjudicated as a `habitual traffic offender'); Fla....

...20, 2000)(Farmer, J., dissenting), when the context so dictates, "license" and "licensed" may mean something other than their dictionary definition. Carroll v. State, 761 So.2d 417 (Fla.2000), held that the defendant was properly convicted of "[d]riving a motor vehicle while his ... license is suspended or revoked," § 322.264(1)(d), Fla....

...plication for early reinstatement of his Florida driving privilege. There is no question presented claiming error in the proceedings or on the merits. The sole basis upon which the petition is presented is the petitioner's contention that Fla. Stat. § 322.264 and Fla....

...It should be noted, in the case presently before the court, that two of the traffic violations occurred after the effective date of the statutes (July 1, 1972). The second line of argument directed to the alleged unconstitutionality of the statutes is appellant's contention that Fla. Stat. § 322.264 and Fla....

...ithout merit. In our opinion, they do not require extended comment. See Thornhill v. Kirkman, Fla. 1953, 62 So.2d 740; Jones v. Kirkman, Fla. 1962, 138 So.2d 513. The petition is denied. It is so ordered. NOTES [1] It should be noted that Fla. Stat. § 322.264(2), F.S.A., in setting the conditions for revoking a license, specifically provides that a "habitual traffic offender" can be a person who has accumulated "[f]ifteen (15) convictions for moving traffic offenses for which points may be assessed as set forth in section 322.27, Florida Statutes ..."....

driver’s license has been revoked pursuant to section 322.264 (habitual offender) and who drives any motor

...The state appeals the order of the circuit court dismissing the information charging appellee pursuant to section 322.34(1), Florida Statutes (1995), with driving while his license was suspended. The trial court determined that because appellee had been declared a habitual traffic offender pursuant to section *1010 322.264(1)(d), Florida Statutes (1991), section 322.34(1) did not apply, and the state could charge appellee only with a misdemeanor....

...ses. His record shows that his license was suspended indefinitely on February 6, 1986, for failure to pay traffic fines and was suspended seventeen more times since then. On May 12, 1992, appellee was declared a habitual traffic offender pursuant to section 322.264(1)(d), resulting in the revocation of appellee's driver's license for five years....

...information charging appellee with a misdemeanor. Section 322.34 provides in pertinent part as follows: (1) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s....

...provided in s. 775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked upon: (a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s....

...775.083. (b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 322.34(1)-(2)(emphasis supplied). Appellee was declared a habitual traffic offender in 1992 under section 322.264(1)(d)....

...er appellant an habitual offender. The court considered such evidence irrelevant and denied the proffer. However, since section 316.1931 enhances the penalty for a violation of said statute if the person is an habitual traffic offender as defined in section 322.264, Florida Statutes (1985), that status appears to be very relevant....

...he habitual traffic offender statute. [3] Accordingly, we reverse the court's withhold of adjudication and remand this case to the trial court with directions to dismiss the charge. Reversed and remanded. CASANUEVA and LaROSE, JJ., concur. NOTES [1] § 322.264, Fla....

...Coney presented no support for his claim that the suspension of his driver's license in 2002 and 2003 was a double jeopardy violation. These suspensions were based on two separate statutory grounds. The double jeopardy claim was clearly without merit and expressly contrary to law. § 322.264(2), Fla....

...of five years under the provisions of § 322.27(5), F.S.A. The revocation was predicated upon petitioner having been convicted of fifteen moving traffic offenses during a five year period so as to become an Habitual Traffic Offender as defined under § 322.264, F.S.A....

...s counsel failed to render the minimum level of effective assistance. Mr. Hornbuckle misapprehends the nature of vindictive sentencing. Mr. Hornbuckle was charged by information with driving with a cancelled, suspended or revoked license pursuant to section 322.264, Florida Statutes (2001), as an habitual traffic offender....

...ursuant to section 322.34(5), Florida Statutes. We affirm, as the state, without an order requiring it to do so, presented only a redacted version of appellant's driving record which did not show that he was a habitual traffic offender as defined in section 322.264, Florida Statutes. [1] See State v. Phillips, 852 So.2d 922 (Fla. 1st DCA 2003) (for purposes of section 322.34(5), making it a felony for a person to drive with a license "revoked pursuant to s. 322.264 (habitual offender)," the phrase "pursuant to" means "as defined by" section 322.264). Section 322.34(5) provides that "[a]ny person whose driver's license has been revoked pursuant to [as defined by] s. 322.264 (habitual offender) and who drives any motor vehicle . . . while such license is revoked" is guilty of a third degree felony. Section 322.264 defines a habitual traffic offender as: 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....

...Bowen ["Bowen"], pled guilty to driving while license revoked as a habitual offender. Bowen was charged by information with driving while license revoked as an habitual offender, pursuant to section 322.34(5), Florida Statutes (2001): Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s....

...Bowen was sentenced on February 26, 2002 to sixteen months in the Department of Corrections. On March 26, 2002, before the time for taking an appeal had expired, Bowen filed a pro se motion to correct an illegal sentence, arguing that he could not be considered a habitual traffic offender within the meaning of section 322.264, Florida Statutes, because he had only two qualifying traffic convictions within the preceding five years....

...te upon which Count I was based, was constitutionally deficient, because it did not charge a crime. We reverse with directions to reinstate Count I. After appellee, Richard E. Phillips, had been designated a "habitual traffic offender" in 1998 under section 322.264, Florida Statutes (1997), [1] his license was revoked under section 322.27(5), Florida Statutes (1997)....

...[2] When Phillips was involved in a traffic accident on September 7, 2001, the state charged him in Count I of the information with a violation of section 322.34(5), Florida Statutes (2001), [3] which makes it a *923 third-degree felony for a person to drive with a license "revoked pursuant to s. 322.264 (habitual offender)." [4] Phillips moved to dismiss Count I. Relying upon the statutory maxim that penal statutes must be strictly construed in favor of the accused, the court stated that section 322.34(5) was constitutionally deficient, because it referred to section 322.264 as authority for the revocation of Phillips' license, whereas the latter statute only defined the criteria for finding a person to be a habitual traffic offender. The court acknowledged that section 322.27(5) authorizes the revocation of a driver's license of a person who is designated a habitual offender under section 322.264, but reasoned that the reference to that statute in the information could not correct the facial deficiency of section 322.34(5). The court observed that section 322.34(5)'s constitutional infirmity could be cured by the legislature simply amending the language therein by substituting section 322.27(5) for section 322.264....

...The court's interpretation of the statute is one of law; therefore, our review standard is de novo. In our judgment, the statute fairly placed Phillips on notice of the offense for which he was accused. While we agree with the lower court that Phillips' driver's license was not revoked in accordance with the provisions of section 322.264, but rather those of section 322.27(5), which provides, as stated, for the revocation of a license of anyone defined as a habitual offender, we cannot agree that such reference renders section 322.34(5) constitutionally invalid. The court arrived at its conclusion by construing the term "pursuant to" to mean only "in accordance with" the provisions of section 322.264....

...That maxim is honored by construing the phrase, "pursuant to," as meaning "as defined *924 by," thereby making it an offense for a person to drive when his or her license has been revoked because he or she is a habitual traffic offender under or as defined by section 322.264....

...NOTES [1] This statute identifies a habitual traffic offender as one who has compiled a number of specified convictions within a five-year period. [2] Section 322.27(5) provides: The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation.... [3] Section 322.34(5), provides: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s....

...of the holding in Raulerson. Our analysis will also involve a provision of chapter 318, Florida Statutes (2002). Section 322.27(5) provides that "[t]he department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264." Section 322.264 provides, in pertinent part: 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) ....

...(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 .... Section 316.193 and the other earlier statutory provisions referred to in subsection (1)(b) of section 322.264 relate to driving under the influence....

...The dispositive question presented to the trial court was whether an offense of driving with a suspended license for which a nolo contendere plea was entered and adjudication was withheld is a conviction under the provisions set forth in section *605 322.264 and section 322.01(10)....

...at 293 (quoting Keirn, 720 So.2d at 1089). The court explained that the consequence of its understanding of the meaning of conviction was that "`[a] disposition ... regardless of whether adjudication is withheld or imposed... can be used to habitualize under section 322.264(1)(d).'" Id....

...Saunders, Assistant Public Defenders, Tallahassee, for Appellant. Charlie Crist, Attorney General, Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee. ERVIN, J. Appellant, David L. Arnett, appeals his conviction for felony driving while his license was revoked pursuant to section 322.264, Florida Statutes (habitual traffic offender), in violation of section 322.34(5), Florida Statutes (2000)....

of convictions for specified traffic offenses. § 322.264, Fla. Stat. (2012). A key purpose of this revocation

...personal injury, failure to register a vehicle, and two crimes involving driving with a revoked license. One charge was under section 322.34(5), Florida Statutes (2000), which provides: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.... Section 322.264 defines a "habitual traffic offender" as having accumulated a certain number of specified convictions within a five year period. For example, three or more convictions of "[v]oluntary or involuntary manslaughter resulting from the operation of a motor vehicle" within a five year period results in classification as a habitual traffic offender. § 322.264(1)(a), Fla. Stat. (2000). Also, a revocation may result from "[f]ifteen convictions for moving traffic offenses for which points may be assessed." § 322.264(2), Fla. Stat. (2000). Section 322.27(5) requires the Department of Highway Safety and Motor Vehicles to revoke the license of any person "designated a habitual offender" as set forth in section 322.264....

...ended to authorize separate punishments for the two crimes." Albernaz v. United States, 450 U.S. 333, 334, 101 S.Ct. 1137, 1145, 67 L.Ed.2d 275 (1981); accord State v. Smith, 547 So.2d 613, 614 (Fla.1989). M.P. v. State, 682 So.2d 79, 81 (Fla.1996). Section 322.264 expressly contemplates that the same convictions may be counted to revoke a driver's license multiple times under different statutes: The fact that previous convictions may have resulted in suspension, revocation, or disqualification...

...g used for suspension or revocation under this section as a habitual offender. Thus, a DUI manslaughter conviction sufficient to permanently revoke a license under section 322.26(1)(a) may also count as a conviction to habitualize the offender under section 322.264(1)(a)....

...eorgia as a habitual traffic violator. Because the driving records that were utilized to classify Neary as a habitual traffic offender were not maintained by the Florida Department of Highway Safety and Motor Vehicles (the Department) as required by section 322.264, Florida Statutes (2008), we reverse Neary's conviction and sentence for driving with a revoked license—habitual traffic offender....

...of driving with a revoked license—habitual traffic offender, and sentenced him to 24 months' probation. Neary appeals. Neary was convicted of violating section 322.34(5), which states: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this *898 state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In order to be convicted under this statute, the defendant's driver's license must have been revoked pursuant to section 322.264 of the Florida Statutes, which provides in pertinent part: 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 spec...

...maintained by the Department were utilized to establish that Neary was a habitual traffic offender, and the State does not contend otherwise. Therefore, Neary asserts, and properly so, that he does not qualify as a "habitual traffic offender" under section 322.264 and cannot be convicted under section 322.34(5)....

...ins a record on the motorist, that its record shows the requisite three separate DWLS convictions within a 5 year period, and that DMV gave the motorist the statutory notice.") We conclude that if the records maintained by the Department pursuant to section 322.264 show that a person is a habitual traffic offender, the habitual offender status may be used to elevate the offense of driving with a revoked license to a felony under section 322.34(5)....

...Gen., West Palm Beach, for respondent. MAGER, Judge. Petitioner seeks review by certiorari of an order of license revocation (entered under F.S. Section 322.27(5), F.S.A.) wherein petitioner is designated as an habitual traffic offender, as defined in Section 322.264, Florida Statutes, F.S.A. Petitioner contends that the provisions of Section 322.264, the habitual traffic offender law, are ex post facto and unconstitutional because revocation is dependent upon offenses occuring prior to the enactment of such law....

...sis for such legislation paralleling the rationale of the Florida Supreme Court in Thornhill v. Kirkman, Fla. 1953, 62 So.2d 740, and Jones v. Kirkman, Fla. 1962, 138 So.2d 513, upholding other driver license provisions. Moreover, the fact that Sec. 322.264 provides enhanced punishment for subsequent offenses does not give rise to an ex post facto law so as to render said statute unconstitutional....

...When Officer Straitt asked whether Appellant had a valid license, Appellant answered "no." When asked whether his license was suspended, Appellant answered that it was "badly suspended." When the other officer checked the status of the license, Appellant was found to be a habitual traffic violator. See § 322.264, Fla....

...Although the appellant was initially accused of three offenses, only one of these is pertinent for purposes of this appeal. The critical count in the information against her charged Ms. Wyrick with a third-degree felony for driving without a license after her license had been revoked pursuant to section 322.264, Florida Statutes (2009), as an habitual traffic offender ("HTO")....

...322.245....; 3. Failing to comply with a civil penalty....; 4. Failing to maintain vehicular responsibility....; 5. Failing to comply with attendance or other requirements for minors ....; or 6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver's license or driver privilege for any underlying violation listed in subparagraphs 1.-5....

...Thus, the two elements of the offense are *678 that a defendant's license is revoked as an "habitual offender," and that the person has driven a motor vehicle upon the highways of the State. As previously noted, in order to be an habitual traffic offender pursuant to section 322.264, Florida Statutes, a person's record, as maintained by the Department of Highway Safety and Motor Vehicles must show that the person had accumulated three convictions within a 5 year period....

provided by law, except persons defined in section 322.264, who, knowing of such cancellation and suspension

...pellant was driving upon Florida's highways while his license was suspended. If found guilty in the first proceeding, the second proceeding would be utilized to determine whether appellant had been designated an habitual traffic offender pursuant to section 322.264, Florida Statutes (2003)....

...(2016). Section 322.34 provides in part as follows: (1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318. (2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: .... (b)...

...act of declaring a driver license void and terminated,” “[r]evocation” as “the termination of a licensee’s privilege to drive,” and “[s]uspension” as “the temporary withdrawal of a licensee’s privilege to drive a motor vehicle”) (emphases added); see also § 322.264(1)(d), Fla....

...3 In Finney, we questioned whether the petitioner actually met the statutory definition of a “habitual traffic offender” given that his designation was based on convictions for driving while his driving privilege was suspended or revoked, whereas section 322.264(1)(d) requires convictions for driving while the offender’s license is suspended or revoked....

...322.058, Fla. Stat. (2016) (requiring in subsection (1) the suspension of the “driver license” of a person who has a delinquent support 4 Section 322.34(5) provides that “[a]ny person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree ....

...The appellant filed a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.850 arguing that his counsel was ineffective for permitting him to *729 plead to driving while license suspended or revoked because he had previously been designated as a habitual traffic offender pursuant to section 322.264(1)(b), Florida Statutes (2006), and thus could not be convicted of violating section 322.34(2), Florida Statutes (2006). Section 322.34(2) expressly states that it does not apply to those who have been designated "habitual traffic offenders," as defined in section 322.264....

...Section 322.34 provides in relevant part as follows: (1) Except as provided in subsection (2), any person whose driver’s license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318. (2) Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree.... (b) A second conviction is guilty of a misdemeanor of the first degree.... (c) A third or subsequent conviction is guilty of a felony of the third degree.... [[Image here]] (5) Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.......

...Additionally, subsection (2) specifically ex- *1002 eludes habitual traffic offenders under subsection (5) from its application: “Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 [the habitual traffic offender statute].......

...) is based on the number of “points” a driver has accumulated pursuant to the point system provided in section 322.27 over a certain period of time, whereas subsection (5) is based on the number of convictions for the offenses listed in sections 322.264(1) and (2) over a five-year period....

...umulated points or the commission of certain offenses, subsection (5) is based on the number of traffic convictions during a specified period of time. Subsection (5) provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.... ” Section 322.264, the habitual traffic offender statute, provides that “[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...

...Background On May 21, 2014, Daryl Miller was charged with violating section 322.34(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)....

...Fla. Reg’l Med. Ctr., Inc. v. See, 79 So.3d 1, 9 (Fla. 2012). We first examine the plain language of the section under review. Section 322.34(5), Florida Statutes, provides the following:' Any person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, •punishable as provided in s. '775.082, s. 775.083, or s. 775.084. Section 322.264, Florida Statutes, defines a habitual traffic offender as a person who has accumulated a combination of specified offenses....

...to licensure along with license holders in section 322.34(5) as it did in other subsections. See Thayer, 335 So.2d at 817 . It did not do so. III. Conclusion Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34(5) offense....

...We approve the Third District’s decision below and disapprove the conflict cases to the extent that they are inconsistent with this opinion. It is so ordered. LABARGA, C. J., and PARIENTE, LEWIS, and LAWSON, JJ„ concur. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. . Section 322.264, Florida Statutes, provides the following: "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 pers...

privilege to drive had been revoked pursuant to F.S. 322.264 (Habitual Offender) and had not been reinstated

...The plain language of section 322.34(2) (driving while license suspended) expressly excludes habitual traffic offenders. Specifically, it prescribes penalties for those who drive while license “canceled, suspended, or revoked as provided by law, except persons defined in s. 322.26A....” (Emphasis added). Section 322.264 is the habitual traffic offender statute....

..._____________________________ On appeal from the Circuit Court for Escambia County. Thomas V. Dannheisser, Judge. November 20, 2018 WINSOR, J. Willie Floyd is what state law calls a “habitual traffic offender.” See § 322.264, Fla....

...Court has confirmed that the statute does not apply to those who never had a license in the first place, State v. Miller, 227 So. 3d 562, 565 (Fla. 2017) (“Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34(5) offense.”)....

declared a habitual traffic offender under section 322.264, and contends that, on his next offense, he

...An HTO is “any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person,” within a five-year period, “has accumulated [three or more] convictions for [certain enumerated] offenses” set forth in section 322.264, Florida Statutes, or who has accumulated “[f]ifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27.” § 322.264, Fla....

...(2016). Once an individual is designated as an HTO, Florida law requires that DHSMV revoke the individual’s driver license for a period of five years. See § 322.27 (5)(a) (“The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....

...y his or her license should not be revoked.”). -5-  An HTO who drives with a revoked driver license commits a felony offense: Any person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s....

...(2) Two, at the time, Henry Lee Robinson’s license was revoked as a habitual traffic offender. 1. Effective October 1, 2019, section 322.34(5) was amended as follows: Any person who has been designated a habitual traffic offender as defined by s. 322.264 and who drives any motor vehicle upon the highways of this state while designated a habitual traffic offender is guilty of a felony of the third degree, punishable as provided in s....

...Butterworth, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. POLEN, C.J. Arising out of a singular offense, Anthony Franklin was convicted of the dual offenses of (1) driving after his license had been revoked pursuant to Florida Statutes section 322.264 [habitual offender], in violation of section 322.34(5), and (2) driving while his license was suspended, canceled, *1204 or revoked, in violation of section 322.34(2), felony level....

...By their express terms, these offenses are mutually exclusive, and accordingly we reverse Franklin's conviction of driving while his license was suspended, canceled, or revoked in violation of section 322.34(2)(c). In pertinent part, section 322.34 provides: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 322.34(5), Fla. Stat. (2000)(emphasis added). Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: ....

...(C) A third subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 322.34(2)(c), Fla. Stat. (2000). (Emphasis added.) Here, the trial court found Franklin's privilege to drive had previously been revoked pursuant to s. 322.264 as an habitual offender. Accordingly, by definition, Franklin cannot be convicted of a violation of s. 322.34(2), which expressly does not apply to persons whose licenses have been revoked pursuant to s. 322.264, i.e., habitual offenders....

...The State thereafter filed an amended information charging Finney under section 322.34(2)(c) for driving while his driving privilege was suspended or revoked. Finney again moved to dismiss, arguing that he could not be charged under section 322.34(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 1 Section 322.34(5) provides that “[a]ny person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree . . . .” 2 Section 322.264 defines “habitual traffic offender” as a 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 certain enumerated offenses, including three or more convictions within in five year period for “[d]riving a motor vehicle while his or her license is suspended or revoked.” § 322.264(1)(d), Fla. Stat....

...However, it is not entirely clear that Finney actually meets the statutory definition of a habitual traffic offender because his driving record reflects that the designation was based on his convictions for driving while his driving privilege was suspended or revoked, but section 322.264(1)(d) requires convictions for driving while the offender’s “license” (not his driving privilege) is suspended or revoked. That said, because the State did not dispute Finney’s assertion that he is a habitual traffic offender, he is one for purposes of this case. 3  322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (c) A third or subsequent conviction is guilty of a felony of the third degree . . . . (emphasis supplied). Section 322.264 defines “habitual traffic offender.” Based on this clear and unambiguous language, we agree with Finney that section 322.34(2) does not apply to persons who are habitual traffic offenders....

...�”’” Crain, 79 So. 3d at 122 (quoting Guilder v. State, 899 So. 2d 412, 419 (Fla. 4th DCA 2005)). Only the Legislature has the power to close this loophole, and we urge it to do so. 4 4 The Legislature might also want to consider whether section 322.264(1)(d) should be amended to expand the definition of “habitual traffic offender” to include persons who have the requisite number of convictions for driving while their driving privilege is...

...3.850(f)(5). Myers was charged with a violation of section 322.34(5), Florida Statutes (2012), which makes it a third-degree felony for a habitual traffic offender to drive when his or her driver's license has been revoked pursuant to section 322.264....

...This is a petition for certiorari review of a final order entered by the Department of Highway Safety and Motor Vehicles revoking petitioner’s driver’s license for a period of five years as a result of his having been classified as an habitual traffic offender pursuant to Section 322.264 and Section 322.27(5), Florida Statutes, F.S.A. The former statutory provision provides in material part the following: “322.264 Habitual traffic offender defined....

...et forth in section 322.27, Florida Statutes, including those offenses in subsection (1).” The latter statutory provision provides: “322.27(5) The department shall revoke the license of any person designated an habitual offender, as set forth in section 322.264, and such person shall not be eligible to be relicensed for a minimum of five (5) years from the date of revocation....

...Under section 316.1931(2)(b) an individual may be charged with a felony for operating a vehicle while intoxicated and causing serious bodily injury to another if any one of three conditions is met; the offender: “1. Had a suspended or revoked driver’s license; 2. Was a habitual traffic offender as defined in § 322.264; or 3....

...Had been previously convicted of a violation of this subsection.” § 316.1931(2)(b), Fla.Stat. (1985). The undisputed evidence established that at the time of the offense, the defendant’s driver’s license was neither suspended nor revoked, that she was not a habitual traffic offender as defined in section 322.264, and that although the defendant had a prior conviction for driving while intoxicated, she had not been previously convicted of any of the DWI offenses proscribed under subsection (2)....

...§§ 322.25(1), 322.2505, 322.26, Fla.Stat. (1985). Second, the Department may in certain situations suspend a license sua sponte based upon its records. An example of this is the suspension upon a finding that a person has become a “habitual traffic offender” as defined in section 322.264, Florida Statutes (1985)....

habitual traffic offender as defined by F.S. § 322.264. Specifically, petitioner asserts that the procedure

...etition, and quash the order of the circuit court because the record fails to show that the department acted without jurisdiction or failed to follow the essential requirements of law. Hagar was classified as an habitual traffic offender pursuant to section 322.264 2 of the Florida Statutes (1989)....

...Department of Highway Safety and Motor Vehicles, 442 So.2d 1023 (Fla. 5th DCA 1983) (an appeal is not the proper remedy by which to seek review of a certiorari proceeding in the circuit court — the proper remedy is by petition for writ of certiorari). . § 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 convic...

...set forth in § 322.27, including those offenses in subsection (1). . § 322.27 Authority of department to suspend or revoke license.— ****** (5) The department shall revoke the license of any person designated a habitual offender, as set forth in § 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in § 322.271....

...ense notwithstanding that the most he could 'have been accused of was a misdemeanor. He explained that he had been charged and convicted under section 322.34(1), but that because he had been previously classified as a habitual traffic offender under section 322.264, Florida Statutes, he was specifically excepted from prosecution under section 322.34(1)....

...not drive any motor vehicle upon a highway in this state unless such person has a valid driver license”); § 322.39(1), Fla. Stat. (2014) (providing “[i]t is a 1 Section 322.34(5), provides: (5) Any person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 322.264, as pertinent here, defines a habitual traffic offender as follows: A “habitual traffic offender” is any person whose record ....

...year period: (1) Three or more convictions of any one or more of the following offenses arising out of separate acts: .... (d) Driving a motor vehicle while his or her license is suspended or revoked . . . . § 322.264(1)(d), Fla....

...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 license for 3  purposes of section 322.264, Florida Statutes (1997).” But this reads language into the statute that the Legislature did not enact. .... It “‘is a firmly established rule that “Courts must apply a statute as they find it,...

...With respect to the first appeal, appellant's rule 3.800(a) motion actually challenged his conviction in lower tribunal case no. 2005CF015334AXX for violating section 322.34(5), Florida Statutes (2005) (driving while license has been revoked pursuant to section 322.264 (habitual offender)), not the legality of his sentence; thus, the ground was not cognizable in a rule 3.800(a) motion....

...We also note that he based his challenge on the alleged invalidity of certain prior convictions that presumably had caused his license to be revoked as a habitual offender. However, the convictions that cause a driver to be classified as a habitual offender under section 322.264 are not an element of the offense of violating section 322.34(5): The violation created by section 322.34(5) does not involve-as an element of the crime-a finding that the motorist has been convicted on three separate occasions of DWLS....

...r leaving the scene and driving without a license. In a one-count information, the State charged only that Mr. Burgess "did unlawfully operate a motor vehicle upon the highways of this state while his driver's license had been revoked pursuant to s. 322.264 (habitual traffic offender), contrary to Florida Statute 322.34(5)." Mr....

...designated as a habitual traffic offender. See generally ch. 72-175, Laws of Fla. A "habitual traffic offender" is a person whose driving record, as maintained by the Department, reflects a specified number of convictions for specified traffic offenses. § 322.264, Fla....

...Section 322.34(5) makes it a third-degree felony to drive when a driver's license has been revoked for being a habitual traffic offender. The statute provides as follows: Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree ....

...e. A third conviction results in a felony conviction. See § 322.34(2)(c). Section 322.34(2) excludes persons found to be habitual traffic offenders. On the other hand, section 322.34(5) penalizes driving while one’s license is revoked pursuant to section 322.264, Florida Statutes (2001), which defines a habitual traffic offender....

...which requires two prior convictions for driving while license suspended. For the 2002 offenses, he also pled guilty to three charges of violating section 322.34(5) for driving while his license was revoked as a habitual traffic offender pursuant to section 322.264. To be convicted of a violation of section 322.34(5), one must first qualify as a habitual traffic offender, which requires three separate convictions of specified traffic offenses. See § 322.264(1). The Department of Highway Safety and Motor Vehicles must then revoke the person’s license pursuant to section 322.27(5), Florida Statutes (2001). A person who drives while his or her license is revoked pursuant to section 322.264 may then be charged under section 322.34(5)....

ROTHENBERG, J.' The defendant, Latorya Latrice Cooper, was charged with Unlawful Driving as a Habitual Traffic Offender, as defined in section 322.264, Florida Statutes (2012), in violation of section 322.34(5), Florida Statutes (2012), a third degree felony....

...ender and the resulting suspension of his license." Patterson v. State, 938 So.2d 625, 630 (Fla. 2d DCA 2006). If the record offered by the state fails to designate the requisite convictions to justify the habitual traffic offender designation under section 322.264, then the state has failed to make a prima facie case for a section 322.34 felony violation for driving on a revoked license....

...ed copy of the defendant's driving record. We explained that "the state, without an order requiring it to do so, presented only a redacted version of appellant's driving record which did not show that he was a habitual traffic offender as defined in section 322.264, Florida Statutes." Byrd, 969 So.2d at 582 (emphasis supplied)....

...been no trial in the first place. Accordingly, we reverse the order below with instructions to reinstate the information. Reversed and remanded. . Section 322.34(5) provides that ”[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084." . Section 322.264, Florida Statutes (2011), defines a "habitual traffic offender" as: [A]ny person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convic...

...essed as set forth in s. 322.27, including those offenses in subsection (1). . Section 322.34(2) provides: Any person whose driver’s license or driving privilege has been canceled, suspended or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s....

...318.15; 4. Failing to maintain vehicular financial responsibility as required by chapter 324; 5. Failing to comply with attendance or other requirements for minors as set forth ins. 322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(l)(d) as a result of suspensions of his or her driver’s license or driver privilege for any underlying violation listed in subparagraphs 1....

...pped, the DMV "had illegally placed a 5-year revocation" on his license. The state replied with a motion to strike and/or traverse of Alhindi's motion. Section 322.34(5) provides that "[a]ny person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree." Section 322.264 defines habitual traffic offender as "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 (2) within a 5-year period." This court, in Rodgers v....

habitual traffic offender, as defined in F. S. § 322.264, F.S.A., and as appellant admittedly is, is not

...driving while her license was suspended, and—pertinent to this case—her designation as a habitual traffic offender (HTO), which 1 requires three or more convictions for specified offenses within a five-year period. See § 322.264, Fla....

...Statutes (1997). [2] Cooke's motion for judgment of acquittal was granted based upon his argument that he was a habitual traffic offender and section 322.34(2)(c) specifically prohibits persons who have been declared habitual traffic offenders under section 322.264, Florida Statutes (1997), from prosecution under that section....

...We remain of the opinion that the information should not have been dismissed and adhere to our original opinion. We deny Cooke's motion for rehearing. FARMER, KLEIN and HAZOURI, JJ., concur. NOTES [1] (5) Any person whose driver's license has been revoked pursuant to § 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree. [2] (2) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in § 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: ....

...rari to quash an order of the circuit court rendered in its appellate capacity. Section 322.27(5), Florida Statutes (1983), provides that the department shall revoke the license of a “habitual traffic offender” for a minimum of five years. Under section 322.264(2), Florida Statutes (1983), a “habitual traffic offender” is defined as follows: A ‘habitual traffic offender’ is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such...

...to suspend or revoke the license of any Florida resident, upon receipt of notice of the conviction of that person in another state of an offense therein which, if committed in Florida would be grounds for the suspension or revocation of his license. Section 322.264, Florida Statutes (1977), defines habitual traffic offender, in pertinent part, as a person whose driving record contains, within a five year period, fifteen convictions for moving traffic offenses for which points may be assessed....

...It includes as offenses for which such assessment of points may be made, offenses under any law of another state substantially conforming to these statutory provisions. Section 322.27(5), Florida Statutes (1977), mandates that the department “shall revoke the license of any person designated a habitual offender” under Section 322.264, supra....

...The Department of Highway Safety and Motor Vehicles appeals from a circuit court judgment which by writ of certiorari set aside the Department’s five-year revocation of Bennett’s driver’s license for fifteen point-assessable traffic “convictions” within five years. Sections 322.264, .27, .31, Florida Statutes (1977)....

...The circuit court held that Bennett’s payment of fines for point-assessable traffic infractions were not equivalent to “convictions”, until January 1975, when the Supreme Court promulgated Rule 6.560, Fla.R.Traf.Ct., set out below. 1 Since 1972 Section 322.264, Florida Statutes (1977) has provided: 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 convictions for sepa...

...nett never appeared “in court” in the sense of standing before a judge for adjudication of his guilt; 2 rather, Bennett sent in the prescribed fine or penalty payment. The cir *447 cuit court, considering that no “conviction” for purposes of Section 322.264 and .27 could occur without entry of a judgment of conviction or some equivalent judicial act, held that Bennett was not “convicted” on the eight occasions,.before traffic rule 6.560 became effective, when Bennett paid the fines or penalties in lieu of a court appearance....

...action and paid the fine (no points) and those in which he did not admit the infraction, or was otherwise required to appear before a judge, and was found guilty by a conventional judgment of conviction (points assessed). We find nothing in Sections 322.264 and .27 authorizing that distinction, which would appear to cancel the legislative assessment of penalty points for certain violations, or to assess points as a penalty for contesting the violation in court....

...Richbourg, Pensacola, for Appellee. POLSTON, J. Appellee Scott Alan Craycraft was charged with violating section 322.34(5), Florida Statutes (1999)(unlawfully driving a motor vehicle on a highway while his driver's license had been revoked pursuant to § 322.264 (habitual offender)). It is undisputed that Appellee had previously received notice that his license had been revoked based on the administrative declaration that he was a habitual traffic offender pursuant to § 322.264, Fla....

...1st DCA 2000), his convictions prior to October 1, 1997 for driving while his license was suspended could not be used to declare him a habitual traffic offender. The trial court granted his motion to dismiss, ruling that: The First District's decision in Huss is applicable to Section 322.264 and Section 322.34(5)....

...Any convictions for Driving with a Suspended or Revoked License that occurred prior to October 1, 1997 *865 lack the requisite knowledge element. Therefore, under Huss, these convictions may not be used to classify an individual as a habitual traffic offender, and accordingly may not be used to support a charge under Section 322.264 and 322.34(5)....

...Because all but one of Appellee's prior convictions for driving with a suspended or revoked license occurred prior to October 1, 1997, the trial court ruled that none of those charges may be used to enhance his charge to a felony pursuant to sections 322.264 and 322.34(5), and dismissed the case....

...In Huss, this Court reversed the conviction of felony driving while license suspended, in violation of section 322.34(2), Florida Statutes (Supp.1998), which states: "Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, ...." 771 So.2d at 591-92 (emphasis added)....