Florida Statute 322.27 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.27

322.27 Authority of department to suspend or revoke driver license or identification card.—

(1) Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction. A law enforcement agency must provide information to the department within 24 hours after any traffic fatality or when the law enforcement agency initiates action pursuant to s. 316.1933;

(b) Has been convicted of a violation of any traffic law which resulted in a crash that caused the death or personal injury of another or property damage in excess of $500;

(d) Has permitted an unlawful or fraudulent use of the license or identification card or has knowingly been a party to the obtaining of a license or identification card by fraud or misrepresentation or to the display, or representation as one’s own, of a driver license or identification card not issued to him or her. This section does not include the provisions of s. 322.32(1);

(e) Has committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation; or

(f) Has committed a second or subsequent violation of s. 316.172(1) within a 5-year period of any previous violation.

(2) The department shall suspend the license of any person without preliminary hearing upon a showing of its records that the licensee has been convicted in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the suspension of the licensee’s driving privilege.

(3) There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year.

(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.

(c) When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year.

(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:

1. Reckless driving, willful and wanton—4 points.

2. Leaving the scene of a crash resulting in property damage of more than $50—6 points.

3. Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.

4. Passing a stopped school bus:

a. Not causing or resulting in serious bodily injury to or death of another—4 points.

b. Causing or resulting in serious bodily injury to or death of another—6 points.

c. Points may not be imposed for a violation of passing a stopped school bus as provided in s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant ¹to s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant to s. 316.173 may not be used for purposes of setting motor vehicle insurance rates.

5. Unlawful speed:

a. Not in excess of 15 miles per hour of lawful or posted speed—3 points.

b. In excess of 15 miles per hour of lawful or posted speed—4 points.

c. Points may not be imposed for a violation of unlawful speed as provided in s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896 may not be used for purposes of setting motor vehicle insurance rates.

6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. However, points may not be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.

7. Unlawfully driving a vehicle through a railroad-highway grade crossing—6 points.

8. All other moving violations (including parking on a highway outside the limits of a municipality)—3 points. However, points may not be imposed for a violation of s. 316.0741 or s. 316.2065(11); and points may be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5).

9. Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.

10. Any conviction under s. 403.413(6)(b)—3 points.

11. Any conviction under s. 316.0775(2)—4 points.

12. A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone—2 points, in addition to the points assigned for the moving violation.

(e) A conviction in another state of a violation therein which, if committed in this state, would be a violation of the traffic laws of this state, or a conviction of an offense under any federal law substantially conforming to the traffic laws of this state, except a violation of s. 322.26, may be recorded against a driver on the basis of the same number of points received had the conviction been made in a court of this state.

(f) In computing the total number of points, when the licensee reaches the danger zone, the department is authorized to send the licensee a warning letter advising that any further convictions may result in suspension of his or her driving privilege.

(g) The department shall administer and enforce the provisions of this law and may make rules and regulations necessary for its administration.

(h) Three points shall be deducted from the driver history record of any person whose driving privilege has been suspended only once pursuant to this subsection and has been reinstated, if such person has complied with all other requirements of this chapter.

(i) This subsection does not apply to persons operating a nonmotorized vehicle for which a driver license is not required.

(4) The department, in computing the points and period of time for suspensions under this section, shall use the offense date of all convictions.

(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. 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.

(b) If a person whose driver license has been revoked under paragraph (a) as a result of a third violation of driving a motor vehicle while his or her license is suspended or revoked provides proof of compliance for an offense listed in s. 318.14(10)(a)1.-5., the clerk of court shall submit an amended disposition to remove the habitual traffic offender designation.

(6) The department shall revoke the driving privilege of any person who is convicted of a felony for the possession of a controlled substance if, at the time of such possession, the person was driving or in actual physical control of a motor vehicle. A person whose driving privilege has been revoked pursuant to this subsection is not eligible to receive a limited business or employment purpose license during the term of such revocation.

(7) Review of an order of suspension or revocation shall be by writ of certiorari as provided in s. 322.31.

History.—s. 39, ch. 19551, 1939; CGL 1940 Supp. 4151(653); s. 39, ch. 20451, 1941; s. 7, ch. 22858, 1945; ss. 1, 2, ch. 57-756; s. 1, ch. 57-759; s. 1, ch. 59-278; s. 1, ch. 61-42; s. 1, ch. 61-53; s. 1, ch. 65-175; s. 1, ch. 67-86; s. 26, ch. 69-353; ss. 24, 35, ch. 69-106; s. 1, ch. 70-115; s. 3, ch. 72-175; s. 1, ch. 74-36; s. 5, ch. 74-384; s. 5, ch. 76-153; s. 1, ch. 77-119; s. 20, ch. 78-95; s. 3, ch. 78-204; s. 1, ch. 78-226; ss. 23, 27, ch. 78-394; s. 2, ch. 81-3; s. 3, ch. 81-118; s. 2, ch. 85-184; s. 7, ch. 85-309; s. 4, ch. 86-260; s. 3, ch. 87-167; s. 6, ch. 88-50; s. 57, ch. 88-130; s. 47, ch. 89-282; s. 4, ch. 91-136; s. 22, ch. 93-164; s. 83, ch. 94-306; s. 939, ch. 95-148; s. 29, ch. 95-257; s. 56, ch. 96-350; s. 292, ch. 99-248; s. 2, ch. 2004-275; ss. 22, 86, ch. 2005-164; s. 6, ch. 2005-194; s. 14, ch. 2010-80; s. 18, ch. 2010-225; s. 12, ch. 2012-27; s. 58, ch. 2012-181; s. 2, ch. 2013-58; s. 34, ch. 2014-216; s. 4, ch. 2017-189; s. 5, ch. 2023-171; s. 8, ch. 2023-174; s. 23, ch. 2024-2; s. 20, ch. 2024-57.

¹Note.—The word “to” was inserted by the editors.

F.S. 322.27 on Google Scholar

F.S. 322.27 on Casetext

Amendments to 322.27

Arrestable Offenses / Crimes under Fla. Stat. 322.27

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.27.

Annotations, Discussions, Cases:

Cases Citing Statute 322.27

Total Results: 20

JESSICA SHAE STRICKLAND v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-23T00:00:00-08:00

Snippet: prove compliance with statutory criteria. See id. § 322.27(5)(b) (If a person whose license is revoked “as…the removal of an HTO designation under section 322.27(5)(b). The trial court disagreed and entered an…(1)(A), (F). The State also argues that section 322.27(5)(b), the HTO removal provision, is an “administrative… the relief that Strickland seeks under section 322.27(5) is “solely administrative and within the purview…established. The view that the procedure in section 322.27(5)(b) is solely administrative and exempt from

Henry Lee Robinson v. State of Florida

Court: Fla. | Date Filed: 2021-11-17T23:53:00-08:00

Snippet: which points may be assessed as set forth in s. 322.27.” § 322.264, Fla. Stat. (2016). Once an …driver license for a period of five years. See § 322.27 (5)(a) (“The department shall revoke the license

The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company, and Christopher Riley, individually and as Founder of TIKD Services, LLC

Court: Fla. | Date Filed: 2021-10-14T00:53:00-07:00

Snippet: Comply with Civil Penalty or to Appear; Penalty), 322.27 (Authority of Department to Suspend or Revoke

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Court: Fla. | Date Filed: 2020-12-09T23:53:00-08:00

Snippet: statute provides no aggravation for s. 322.27(2), or s. 322.28(2) or (4), and who by careless

JAN CARLOS VALERO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-10T00:53:00-07:00

Snippet: license after twelve months of suspension. §§ 322.27(5)(a), .271(1)(b), Fla. Stat. (2017). That said…and SALARIO, JJ., Concur. 1§ 322.27(5)(a), Fla. Stat. (2017).

Dept. of Highway Safety and Motor Vehicles v. Sperberg

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-10T00:53:00-07:00

Snippet: 120 to the contrary notwithstanding.” See also § 322.27 (7), Fla. Stat. (2018).

John Eugene Williams, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: privilege has been revoked under s. 322.27(5),” but section 322.27(5) speaks only of the revocation of

State of Florida v. Daryl Miller

Court: Fla. | Date Filed: 2017-09-28T00:00:00-07:00

Citation: 227 So. 3d 562

Snippet: which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-02T00:00:00-07:00

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

Snippet: 322 to add a requirement — codified at section 322.27(5) — that the Department revoke the license of …driving privilege has been revoked, under s. 322.27(5) may, upon expiration of 12 months from the date… relicensed for a minimum of 5 years.” § 322.27(5), Fla. Stat. (2013) (emphasis added). The statutory

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-06T00:53:00-07:00

Snippet: 322 to add a requirement— codified at section 322.27(5)—that the Department revoke the license of any…privilege has been revoked under s. 322.27(5) may, upon expiration of 12 months from the date…be relicensed for a minimum of 5 years." § 322.27(5), Fla. Stat. (2013) (emphasis added). The statutory

State v. Miller

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-01T00:00:00-07:00

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

Snippet: revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: pursuant to Florida Statute [316.655] [322.26(8) ] [322.27(2) ]_[322.28(2) ] [322.28(4) ]. b. At the time,

Gil v. State

Court: Fla. | Date Filed: 2013-07-11T00:00:00-07:00

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

Snippet: pursuant to the point system provided in section 322.27 over a certain period of time, whereas subsection… or the commission of certain offenses. Section 322.27, Florida Statutes (2012), which governs driver’…that a number of the offenses detailed in section 322.27 serve as predicates for qualifying a person as …which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1). § …revocation of his or her license is mandatory. § 322.27(5), Fla. Stat. (“The department shall revoke the

State v. Wooden

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-11T00:00:00-07:00

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

Snippet: which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).

Crain v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-24T00:00:00-08:00

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

Snippet: section 322.27(5), provides that a “person whose driving privilege has been revoked under s. 322.27(5) may…revocation, except as provided for in s. 322.271.” § 322.27(5), Fla. Stat. (2009) (emphasis supplied). “One…revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless…section 322.27l(l)(b) when referring to section 322.27(5), which uses the term “driver’s license,” the… of his or her driving privilege.” But, section 322.27(5), Florida Statutes (2009), states that DHSMV

State v. Gil

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-07T00:00:00-07:00

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

Snippet: section 322.27(1)(b); if the driver is incompetent to drive a motor vehicle, under section 322.27(l)(c),…pursuant to the point system provided in section 322.27 over a certain period of time, whereas subsection…upon a conviction for certain offenses. Section 322.27(3) provides for the assessment of points: four … under section 316.0775(2). Pursuant to section 322.27(3) when a licensee accumulates a certain number…be for a period of not more than 1 year. Section 322.27 also provides for suspension of a driver’s license

Bradsheer v. Florida Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-25T00:00:00-07:00

Citation: 20 So. 3d 915, 2009 Fla. App. LEXIS 14399, 2009 WL 3047325

Snippet: his license for five years pursuant to section 322.27(5). Bolware filed a motion pursuant to Florida

Bolware v. State

Court: Fla. | Date Filed: 2008-09-18T00:53:00-07:00

Citation: 995 So. 2d 268

Snippet: #39;s license for five years pursuant to section 322.27(5), Florida Statutes (2001).[1] On November 20,….g., § 322.28(2)(e), Fla. Stat. (2007), section 322.27(5) leaves it to the Department to revoke the license…immediate or direct since any revocation under section 322.27(5) is to be determined by the Department of Highway…license revocation is also largely automatic. Section 322.27(5) provides, in pertinent part, that "The … person designated a habitual offender." § 322.27(5), Fla. Stat. (2007)(emphasis added). Thus, once

Blandin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-26T00:53:00-07:00

Citation: 976 So. 2d 1201

Snippet: s. 775.082, s. 775.083, or s. 775.084. Section 322.27(5) provides for the revocation of the license of…person whose license has been revoked under section 322.27(5) may petition the Department for restoration …ambiguity in this statutory framework. Under section 322.27(5), when Blandin's license was revoked as a

Patterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-06T00:53:00-07:00

Citation: 938 So. 2d 625

Snippet: suspended), occurring within five years. Section 322.27(5) requires the DHSMV to revoke the license of …civil disability imposed by sections 322.264 and 322.27(5). There is no question the legislature can require