Florida Statute 322.264 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 322.264

Annotations, Discussions, Cases:

Cases Citing Statute 322.264

Total Results: 69

Raulerson v. State

763 So. 2d 285, 2000 WL 963827

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 308353

Cited 20 times | Published

01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation

State v. Keirn

720 So. 2d 1085, 1998 WL 219729

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 308401

Cited 18 times | Published

01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation

Arthur v. State

818 So. 2d 589, 2002 WL 727008

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1169835

Cited 15 times | Published

vehicle upon the highways of this state. *591 Section 322.264, Florida Statutes, defines "habitual traffic

Carroll v. State

761 So. 2d 417, 2000 WL 668488

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1709278

Cited 15 times | Published

revocation of a driver's license for purposes of section 322.264, Florida Statutes (1997). The State maintains

Rodgers v. State

804 So. 2d 480, 26 Fla. L. Weekly Fed. D 2886

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1334466

Cited 14 times | Published

driver's license as a habitual offender under section 322.264; (2) DMV gave defendant notice of the revocation

Bolware v. State

995 So. 2d 268, 33 Fla. L. Weekly Fed. S 645

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 2544788

Cited 11 times | Published

that he was a habitual traffic offender. See § 322.264, Fla. Stat. (2000). Thus, under the statute at

Gil v. State

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

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60233431

Cited 7 times | Published

including those offenses in subsection (1). § 322.264, Fla. Stat. (2012) (emphasis supplied). Thus,

Patterson v. State

938 So. 2d 625, 2006 WL 2844575

District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 1254083

Cited 7 times | Published

offender and suspended his license as required by section 322.264. Thus, the most serious charge Mr. Patterson

Zarsky v. State

300 So. 2d 261

Supreme Court of Florida | Filed: Jun 19, 1974 | Docket: 1729159

Cited 7 times | Published

officer found that Appellant was in violation of Section 322.264, Florida Statutes, F.S.A., and was a "habitual

Crain v. State

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

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

Cited 6 times | Published

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

State v. Fields

809 So. 2d 99, 2002 WL 384959

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 1385743

Cited 5 times | Published

be a habitual traffic offender pursuant to section 322.264. Both provisions achieve the same result by

K.J. Ex Rel. A.J. v. Department of Children & Families

33 So. 3d 88, 2010 Fla. App. LEXIS 5165, 2010 WL 1477567

District Court of Appeal of Florida | Filed: Apr 12, 2010 | Docket: 1153974

Cited 4 times | Published

commits a felony of the third degree); Fla. Stat. § 322.264(1) (2008) (any person who commits a traffic violation

Carter v. State

23 So. 3d 1238, 2009 Fla. App. LEXIS 17694, 2009 WL 4060861

District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 1657336

Cited 4 times | Published

revocation for a "habitual traffic offender," section 322.264, Florida Statutes (2007), provides: *1244

Kallelis v. State

909 So. 2d 544, 2005 WL 2086063

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1199633

Cited 4 times | Published

"habitual traffic offender" is defined in section 322.264, Florida Statutes, as "any person whose record

Hechtman v. NATIONS TITLE INS. OF NY., INC.

767 So. 2d 505, 2000 WL 725047

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1661760

Cited 3 times | Published

while his ... license is suspended or revoked," § 322.264(1)(d), Fla. Stat. (1997), even though he had never

Belt v. State

748 So. 2d 386, 2000 Fla. App. LEXIS 432, 2000 WL 45665

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 64793846

Cited 3 times | Published

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

State v. Harvey

693 So. 2d 1009, 1997 WL 163019

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 1524493

Cited 3 times | Published

declared a habitual traffic offender pursuant to section 322.264(1)(d), resulting in the revocation of appellee's

Yost v. State

542 So. 2d 419, 1989 WL 36266

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 468852

Cited 3 times | Published

an habitual traffic offender as defined in section 322.264, Florida Statutes (1985), that status appears

Zarsky v. State

281 So. 2d 553

District Court of Appeal of Florida | Filed: Jun 26, 1973 | Docket: 1676697

Cited 3 times | Published

is the petitioner's contention that Fla. Stat. § 322.264 and Fla. Stat. § 322.27(5), F.S.A., respectively

Coney v. State

995 So. 2d 1038, 2008 WL 4865029

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1684924

Cited 2 times | Published

without merit and expressly contrary to law. § 322.264(2), Fla. Stat. (2001); see Webb v. State, 816

State v. Byrd

969 So. 2d 581, 2007 WL 4245388

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1403688

Cited 2 times | Published

a habitual traffic offender as defined in section 322.264, Florida Statutes.[1]See State v. Phillips

Kirschner v. State

915 So. 2d 624, 2005 WL 2138705

District Court of Appeal of Florida | Filed: Sep 7, 2005 | Docket: 2212280

Cited 2 times | Published

CASANUEVA and LaROSE, JJ., concur. NOTES [1] § 322.264, Fla. Stat. (2004). [2] Anders v. California

DEPARTMENT OF HIGHWAY SAFETY v. Rosenthal

908 So. 2d 602, 2005 WL 1993509

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1397395

Cited 2 times | Published

habitual offender, as set forth in s. 322.264." Section 322.264 provides, in pertinent part: A "habitual traffic

Hornbuckle v. State

864 So. 2d 1203, 2004 WL 67537

District Court of Appeal of Florida | Filed: Jan 16, 2004 | Docket: 1426331

Cited 2 times | Published

suspended or revoked license pursuant to section 322.264, Florida Statutes (2001), as an habitual traffic

State v. Phillips

852 So. 2d 922, 2003 WL 21980387

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 1711069

Cited 2 times | Published

"habitual traffic offender" in 1998 under section 322.264, Florida Statutes (1997),[1] his license was

Arnett v. State

843 So. 2d 340, 2003 WL 1913720

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 2539715

Cited 2 times | Published

while his license was revoked pursuant to section 322.264, Florida Statutes (habitual traffic offender)

Bowen v. State

833 So. 2d 288, 2002 WL 31875034

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259018

Cited 2 times | Published

habitual traffic offender within the meaning of section 322.264, Florida Statutes, because he had only two

Wheeler v. DEPT. OF HWY. SAF. & MOTOR VEH.

297 So. 2d 128

District Court of Appeal of Florida | Filed: Jul 3, 1974 | Docket: 451212

Cited 2 times | Published

an Habitual Traffic Offender as defined under § 322.264, F.S.A. The revocation was effective November

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

a motor vehicle”) (emphases added); see also § 322.264(1)(d), Fla. Stat. (2016) (defining “habitual traffic

Burgess v. State

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

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418859

Cited 1 times | Published

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

Neary v. State

63 So. 3d 897, 2011 Fla. App. LEXIS 8977, 2011 WL 2415776

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 2364834

Cited 1 times | Published

Motor Vehicles (the Department) as required by section 322.264, Florida Statutes (2008), we reverse Neary's

Wyrick v. State

50 So. 3d 674, 2010 Fla. App. LEXIS 18343, 2010 WL 4903622

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 2228888

Cited 1 times | Published

after her license had been revoked pursuant to section 322.264, Florida Statutes (2009), as an habitual traffic

Johnson v. State

32 So. 3d 728, 2010 Fla. App. LEXIS 4868, 2010 WL 1444899

District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 279631

Cited 1 times | Published

as a habitual traffic offender pursuant to section 322.264(1)(b), Florida Statutes (2006), and thus could

McKnight v. State

972 So. 2d 247, 2007 WL 4561576

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1650803

Cited 1 times | Published

found to be a habitual traffic violator. See § 322.264, Fla. Stat. (2006) (defining "habitual traffic

Arino v. State

944 So. 2d 1120, 2006 WL 3452529

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1156045

Cited 1 times | Published

designated an habitual traffic offender pursuant to section 322.264, Florida Statutes (2003). Appellant strenuously

Webb v. State

816 So. 2d 1190, 2002 WL 1021559

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

Cited 1 times | Published

guilty of a felony of the third degree.... Section 322.264 defines a "habitual traffic offender" as having

Roedel v. State

773 So. 2d 1280, 2000 Fla. App. LEXIS 16930, 2000 WL 1878947

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802613

Cited 1 times | Published

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

Cappadona v. Keith

290 So. 2d 545

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 450698

Cited 1 times | Published

an habitual traffic offender, as defined in Section 322.264, Florida Statutes, F.S.A. Petitioner contends

JESSICA SHAE STRICKLAND v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 68277197

Published

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

Supreme Court of Florida | Filed: Nov 18, 2021 | Docket: 61531983

Published

[certain enumerated] offenses” set forth in section 322.264, Florida Statutes, or who has accumulated

Willie Floyd v. State of Florida

259 So. 3d 937

District Court of Appeal of Florida | Filed: Nov 20, 2018 | Docket: 8213951

Published

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

SHAWN E. MYERS v. STATE OF FLORIDA

247 So. 3d 78

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716276

Published

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

State of Florida v. Daryl Miller

227 So. 3d 562, 2017 WL 4296307

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159896

Published

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

Alphonso Finney v. State of Florida

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

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 6067452

Published

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

Burgess v. State

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108987

Published

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

State v. Miller

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

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068914

Published

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

State v. Cooper

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

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60233153

Published

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

State v. Wooden

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

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310375

Published

s. 775.082, s. 775.083, ors. 775.084." . Section 322.264, Florida Statutes (2011), defines a "habitual

State v. Gil

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

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302416

Published

guilty of a felony of the third degree.... ” Section 322.264, the habitual traffic offender statute, provides

Johnson v. State

62 So. 3d 1169, 2011 Fla. App. LEXIS 8070, 2011 WL 2135635

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2363128

Published

while license has been revoked pursuant to section 322.264 (habitual offender)), not the legality of his

Law v. State

40 So. 3d 857, 2010 Fla. App. LEXIS 10334, 2010 WL 2882496

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1667011

Published

habitual traffic offender designation under section 322.264, then the state has failed to make a prima

State v. Alhindi

971 So. 2d 222, 2008 WL 34816

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1445885

Published

is guilty of a felony of the third degree." Section 322.264 defines habitual traffic offender as "any person

Duff v. State

942 So. 2d 926, 2006 Fla. App. LEXIS 18739, 2006 WL 3228578

District Court of Appeal of Florida | Filed: Nov 9, 2006 | Docket: 64848013

Published

defined in s. 322.26A....” (Emphasis added). Section 322.264 is the habitual traffic offender statute. Instead

Turben v. State

884 So. 2d 1157, 2004 Fla. App. LEXIS 16081, 2004 WL 2402464

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 64833680

Published

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

Logan v. State

877 So. 2d 952, 2004 Fla. App. LEXIS 11233, 2004 WL 1672363

District Court of Appeal of Florida | Filed: Jul 28, 2004 | Docket: 64831876

Published

while one’s license is revoked pursuant to section 322.264, Florida Statutes (2001), which defines a habitual

Franklin v. State

816 So. 2d 1203, 2002 WL 1021627

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1753562

Published

been revoked pursuant to Florida Statutes section 322.264 [habitual offender], in violation of section

State v. Craycraft

817 So. 2d 864, 2002 WL 529901

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1430444

Published

driver's license had been revoked pursuant to § 322.264 (habitual offender)). It is undisputed that Appellee

State v. Cooke

767 So. 2d 468, 1999 WL 1115446

District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 1194163

Published

declared habitual traffic offenders under section 322.264, Florida Statutes (1997), from prosecution

Guilford v. State

737 So. 2d 1160, 1999 Fla. App. LEXIS 8679, 1999 WL 521217

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64789642

Published

classified as a habitual traffic offender under section 322.264, Florida Statutes, he was specifically excepted

Perryman v. State

744 So. 2d 1031, 1997 Fla. App. LEXIS 13133, 1997 WL 715636

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 64792170

Published

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

Department of Highway Safety & Motor v. Hagar

581 So. 2d 214, 1991 Fla. App. LEXIS 5149, 1991 WL 93530

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 64659474

Published

remedy is by petition for writ of certiorari). . § 322.264 "Habitual traffic offender" defined.— A "habitual

State v. Locke

528 So. 2d 399, 13 Fla. L. Weekly 1115, 1988 Fla. App. LEXIS 1867, 1988 WL 44491

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 64636009

Published

Was a habitual traffic offender as defined in § 322.264; or 3. Had been previously convicted of a violation

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

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

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

Published

“habitual traffic offender” as defined in section 322.264, Florida Statutes (1985). While in this particular

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

468 So. 2d 993, 10 Fla. L. Weekly 31, 1984 Fla. App. LEXIS 16710

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64611953

Published

offender” for a minimum of five years. Under section 322.264(2), Florida Statutes (1983), a “habitual traffic

State v. Bennett

369 So. 2d 445, 1979 Fla. App. LEXIS 14724

District Court of Appeal of Florida | Filed: Apr 11, 1979 | Docket: 64569487

Published

Fla.R.Traf.Ct., set out below.1 Since 1972 Section 322.264, Florida Statutes (1977) has provided: A “habitual

Keith v. Capers

362 So. 2d 130, 1978 Fla. App. LEXIS 16595

District Court of Appeal of Florida | Filed: Aug 22, 1978 | Docket: 64565898

Published

the suspension or revocation of his license. Section 322.264, Florida Statutes (1977), defines habitual

Souter v. Department of Highway Safety & Motor Vehicles

310 So. 2d 314, 1975 Fla. App. LEXIS 13966

District Court of Appeal of Florida | Filed: Mar 24, 1975 | Docket: 64545355

Published

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

Chaitkin v. Department of Highway Safety & Motor Vehicles

294 So. 2d 352, 1974 Fla. App. LEXIS 7228

District Court of Appeal of Florida | Filed: May 16, 1974 | Docket: 64538850

Published

as an habitual traffic offender pursuant to Section 322.264 and Section 322.27(5), Florida Statutes, F

Lord v. Davis

288 So. 2d 260, 1974 Fla. App. LEXIS 8151

District Court of Appeal of Florida | Filed: Jan 17, 1974 | Docket: 64536572

Published

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