The 2024 Florida Statutes
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. . . driver's license based upon a conviction involving a controlled substance, as follows: Notwithstanding s. 322.28 . . .
. . . 2015), required the court to revoke his driver's license for a minimum of three years under section 322.28 . . .
. . . revocation of Petitioner's driver's license for a period of five years, under the terms of section 322.28 . . . It provides: 322.28 Period of suspension or revocation.- * * * (2) In a prosecution for a violation of . . . Section 322.28(2)(e) clearly provides that "the offense that occurred earlier will be deemed a prior . . . Section 322.28(2)(e) creates the legal fiction that the October 5, 2013, offense is a "prior conviction . . . In light of the clear language of section 322.28, including the legal fiction created by section 322.28 . . .
. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .
. . . The' Department reliés upon sections 322.271(5)(c) and 322.28(5), Florida Statutes (2015), in support . . . (Emphasis added). : Section 322.28 is entitled “Period of suspension or revocation.” . . . We explained that section 322.28(5) “specifically provides that a court may not stay the administrative . . . As for section 322.28(5), that statute does not expressly apply to hardship or restricted licenses and . . . We- note also- that section 322.28(5) -speaks to the revocation and suspension of a person’s driving . . .
. . . 875 So.2d 572, 576 (Fla.2004) (acknowledging that the phrase “for not less than 5 years” in section 322.28 . . .
. . . See §§ 322.28(2), 322.283(1), 782.071(l)(a), Fla. Stat. (2004). . . .
. . . was [suspended] [revoked] [canceled] pursuant to Florida Statute [316.655] [322.26(8) ] [322.27(2) ]_[322.28 . . . (2) ] [322.28(4) ]. b. . . .
. . . Appellant argues that the revocation was not the result of the mandatory provisions of section 322.28 . . .
. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .
. . . Pursuant to section 322.28(4)(a), the trial court shall revoke the driving privileges of a person convicted . . . court, however, revoked appellant’s driving privileges pursuant to section 316.655(2), not section 322.28 . . . order revoking appellant’s driving privileges was a sound exercise of its discretion under section 322.28 . . .
. . . process when the Department imposed the maximum period of revocation—one year—pursuant to paragraph 322.28 . . . care must be taken to distinguish section 322.24—where the "same offense” test applies—from section 322.28 . . . Section 322.28 specifies the period of suspension or revocation for a DUI conviction where the offender . . . traffic offense similar to the offense of driving under the influence as proscribed by s. 316.193...." § 322.28 . . . This length-of-suspension statute—section 322.28—has no bearing on the interpretation of section 322.24 . . .
. . . See § 322.28, Fla. Stat. (2007). . . .
. . . See §§ 316.193(2)(b)(3), 775.083(l)(c), 316.193(5), 316.193(6)(c), 322.28(2)(e), Fla. Stat. (2003). . . . In relevant part, section 322.28(2)(e), Florida Statutes (2003), provides: The court shall permanently . . .
. . . Section 322.055(1) provides: Notwithstanding the provisions of s. 322.28, upon the conviction of a person . . .
. . . holding in other cases concerning the suspension and revocation of a driver’s license under section 322.28 . . . Stat. (2007), or of defendants convicted of DUI manslaughter, see, e.g., § 322.28(2)(e), Fla. . . .
. . . Section 322.28(2)(e), Florida Statutes (2000), required that “[t]he court shall permanently revoke the . . . Neither section 322.28(2)(e) (the license revocation provision) nor section 322.271(4) (the hardship . . . The license revocation statute, section 322.28, does not contain a scienter element. 4. . . . Section 322.28(2) provides for lengthening periods of license suspension or revocation as the number . . . The statute provided in pertinent part as follows: (4) Notwithstanding the provisions of s. 322.28(2) . . .
. . . alcohol, and on January 14, 1993, his driver’s license was permanently revoked pursuant to section 322.28 . . . Statutes (1997), which provided that a person whose driver’s license was permanently revoked under section 322.28 . . .
. . . , unrestricted reinstatement of his previously revoked Florida driver’s license pursuant to section 322.28 . . .
. . . . § 322.28(2), Fla. Stat. (2006). . . .
. . . to go around him, (2) that the circuit court erred in finding that the no-stay provision of section 322.28 . . .
. . . Department permanently revoked Gaskins’ driving privilege, effective January 14, 1991, pursuant to section 322.28 . . . 2003, section 322.271(4) specifically provided as follows: (4) Notwithstanding the provisions of s. 322.28 . . .
. . . before he entered his plea, that the court was required to revoke his driver’s license under section 322.28 . . . Section 322.28(2)(e) provides that the “court shall permanently revoke the driver’s license” of a person . . .
. . . public importance: DOES THE REVOCATION OF A DEFENDANT’S DRIVER’S LICENSE PURSUANT TO FLORIDA STATUTE 322.28 . . . The two statutes discussed above, sections 322.28 and 322.2616, are not criminal statutes and they do . . . Sections 322.28 and 322.2616 are purely administrative provisions, and the requirements they impose fall . . . The heading of section 322.28 reads: "Period of suspension or revocation.” . . . Stat. . § 322.28(2)(a), Fla. Stat. . § 322.2892(a)!., Fla. Stat. . § 322.28(2)(b), Fla. Stat. . . . .
. . . January 29, 1991, the Department permanently revoked Fountain’s driving privileges pursuant to section 322.28 . . . However, in 1998, the Legislature amended section 322.28, to provide that a person convicted of four . . . See § 322.28(2)(e), Fla. Stat. (Supp.1998). . . . chapter 98-223, Laws of Florida, which created, in part, the 1998 versions of sections 322.271 and 322.28 . . .
. . . which should reflect that the defendant’s driver’s license is permanently revoked pursuant to section 322.28 . . .
. . . Stoletz’s driver’s license, that authority is derived from section 316.655(2) and not from section 322.28 . . . I thus disagree with the majority that a trial court has unfettered discretion under section 322.28(2 . . . However, I disagree with the majority that a trial court could rely solely on section 322.28(2)(a)(2) . . . In holding that a permanent revocation is authorized under section 322.28(2)(a)(2), the majority reads . . . See § 322.28(2)(e), Fla. Stat. (1999). . . . See § 322.28(2)(a)(2), Fla. . . . In contrast, the Fourth District in Whipple found section 322.28(2)(a)(2) was applicable and did not . . . We agree, however, with the Second District’s view that “nothing in section 322.28(2)(a)(2) prohibits . . . See § 322.28(2)(a)(2), Fla. Stat. (1999). . . . Section 322.28(2)(a)(l), Florida Statutes (1999), states: . . .
. . . The Department revoked Petitioner’s driver’s license pursuant to section 322.28(2)(e), Florida Statutes . . .
. . . Highway Safety and Motor Vehicles could permanently revoke her driver’s license pursuant to section 322.28 . . .
. . . notified Gordon that her license was administratively revoked for five years, as required by section 322.28 . . . See § 322.28(2)(a)2., Fla. Stat. . . .
. . . and Motor Vehicles for reinstatement of his license but the application was denied based upon section 322.28 . . .
. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .
. . . "Notwithstanding the provisions of s. 322.28, upon the conviction of a person 18 years of age or older . . .
. . . Section 10 deals with amendments to section 322.28, Florida Statutes, concerning the period of suspensions . . . Section 11 creates section 322.28, Florida Statutes relating to the commencement of the period of suspension . . .
. . . Stoletz’s license because both sections 316.655(2) and 322.28(2)(a)(2), Florida Statutes (1999), permit . . . the court to do so, and nothing in section 322.28(2) prohibits such a revocation. . . . Section 322.28(2)(a)(2) requires a five-year license revocation for a second DUI conviction; section . . . 322.28(2)(e) requires a permanent revocation of a driver’s license only after a fourth conviction for . . . Stoletz argues that section 322.28(2) prohibited the trial court from imposing a lifetime revocation . . .
. . . it unlawful to drive after one’s license has been permanently revoked pursuant to sections 322.26 or 322.28 . . . whose driver’s license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 . . .
. . . Scinta’s driver’s license was permanently revoked pursuant to section 322.28(2)(e), Florida Statutes . . .
. . . whose driver’s license or driving privilege has been permanently revoked pursuant to section 322.26 or 322.28 . . .
. . . See § 322.28(2)(e), Fla. Stat. (2000). . . .
. . . whose driver’s license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 . . . Subsections 322.28(2)(e) and (3) require permanent revocation of a driver’s license for four DUI convictions . . .
. . . Section 11 creates section 322.28, Florida Statutes relating to the commencement of the period of suspension . . .
. . . Vic-hich’s driver’s license based upon the legislative mandate in sections 322.26(l)(a) and 322.28(2) . . . Sections 322.26(l)(a) and 322.28(2), (3) require the DHSMV to permanently revoke a driver’s license when . . .
. . . Thus, it was not bound by section 322.28, as argued by appellant. . . . Rather, it was bound by section 322.28, Florida Statutes (1999). . . . The language of section 322.28 is facially clear and unambiguous. . . . Thus, section 322.28, the more specific statute, controls in this instance. . . . Clearly, the trial court was bound to follow section 322.28. . . .
. . . In 1983, Respondent Davis’s driving privilege was permanently revoked pursuant to section 322.28(2)(f . . .
. . . Both section 316.193 and section 322.28 list penalties for first, second, and third convictions and prescribe . . . Further, although section 316.193 and section 322.28 address different subject matter, both set forth . . .
. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .
. . . We find that the circuit court’s orders violate section 322.28(5), Florida Statutes (1999), and thus, . . . Section 322.28(5), Florida Statutes (1999), specifically provides that a court may not stay the administrative . . . district held that there was no conflict between Florida Rule of Appellate Procedure 9.310(a) and section 322.28 . . .
. . . DMV argues that the stay departs from the essential requirements of law because it violates section 322.28 . . .
. . . contends the trial court erred in suspending his driver’s license for five years pursuant to section 322.28 . . .
. . . the circuit court where he requested a stay of the suspension alleging that subsection (5) of section 322.28 . . . Subsection 322.28(5) provides: A court may not stay the administrative suspension of a driving privilege . . . The circuit court upheld the constitutionality of subsection 322.28(5) and denied Anderson’s motion to . . . Prior to the amendment of section 322.28 that added subsection (5), this court, in Department of Safety . . . Subsection 322.28(5) is a “valid general law” and prevails over Rule 9.310(a) by prohibiting a stay. . . .
. . . .” § 322.28(5), Fla. Stat. (1999); Accord State, Dept. of Highway Safety & Motor Vehicles v. . . .
. . . Even though section 322.28(6) states that “no suspension or revocation of a driving privilege shall be . . . any person convicted of DUI to protect the public from potentially dangerous drivers and that section 322.28 . . . conviction that caused the license suspension, a stay of the license suspension is barred by section 322.28 . . .
. . . -judge, in a substantial number of DUI cases, back-dated the convictions in order to evade section 322.28 . . . DRIVER’S LICENSE SUSPENSION WHICH FAILS TO MEET THE MANDATORY STATUTORY REQUIREMENTS SET OUT IN F.S. 322.28 . . . Rather that occurs by virtue of section 322.28(2)(a)l, Florida Statutes (1993), which provides: (2) In . . . Bender, 497 So.2d 1332 (Fla. 2d DCA 1986)(section 322.28 is not penal in nature). . . .
. . . Although section 322.28(2)(e), Florida Statutes (1993), authorizes a three-year driver’s license revocation . . .
. . . . § 322.28(2))). . . .
. . . Further, section 322.28(6) provides that no administrative suspension of a driving privilege shall be . . . revocation, suspension and revocation of such administrative orders are apparently barred by section 322.28 . . .
. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . . the Department of Highway Safety and Motor Vehicles due to conviction of serious traffic offense), 322.28 . . . (2)(suspension for driving under the influence), or 322.28(5)(suspension due to conviction of manslaughter . . .
. . . Smith, 638 So.2d 509 (Fla.1994); see also §§ 316.655, 322.26(8), 322.27(2), 322.28(2), 322.28(5), Fla . . .
. . . provides: A person whose license has been revoked for a period of 5 years or less pursuant to Sec. 322.28 . . .
. . . Although we conclude that the trial court incorrectly interpreted section 322.28(2)(e), Florida Statutes . . . In 1993, section 322.28(2)(e) provided in pertinent part: The court shall permanently revoke the driver . . . Section 322.28 was not a model of clarity. . . . The trial court’s interpretation of section 322.28(2)(e) renders subsection 5(a) meaningless. . . . Now, a single DUI manslaughter conviction mandates a permanent revocation under section 322.28(2)(e). . . .
. . . county court order certifying the following question to be of great public importance: Does section 322.28 . . . Although the trial court was aware of Section 322.28(6), Florida Statutes (1995) which states that, “ . . . In Section 322.28(6), the legislature further provided that once the Department issued an administrative . . . Because Sections 322.26(2) and 322.28(6) must be construed in accordance with the legislative intent . . . Section 322.28(6) specifically provides: “No administrative suspension of a driving privilege under s . . .
. . . erred by not revoking the defendant’s driver’s license for at least five years as required by section 322.28 . . . Section 322.28(2)(a)2, Florida Statutes (1993), provides that upon a second DUI conviction within a five . . . Based on the same reasoning set out under point I above, section 322.28’s mandatory revocation of the . . .
. . . Administrative Proceedings In accordance with section 322.28(2)(a)3., Florida Statutes (1991), William . . .
. . . based upon a conviction involving a controlled substance. (1) Notwithstanding the provisions of s. 322.28 . . .
. . . .-27(2), or s. 322.28(2) or (5) and who operates a motor vehicle while his driver’s license is canceled . . . the Department of Highway Safety and Motor Vehicles due to conviction of serious traffic offense), 322.28 . . .
. . . driving under the influence, but reverse the permanent revocation of his driver’s license under section 322.28 . . . conviction, constituted four convictions and permanently revoked defendant’s driver’s license under section 322.28 . . . The pertinent provisions of section 322.28 provide: (2)(a) Upon conviction of the driver, the court, . . .
. . . The permanent revocation was imposed pursuant to section 322.28, Florida Statutes (1981), for Tremmel . . . his fourth DUI offense, the Department notified him that his driving privilege, pursuant to section 322.28 . . . See § 322.28(2)(f), Fla. Stat. (1984). . . . The applicable provisions of section 322.28, as it existed on June 13, 1983, provide as follows: (2) . . . The pertinent provisions of section 322.28, as amended in 1984, provide as follows: 322.28 Period of . . .
. . . has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322-27(2), or s. 322.28 . . .
. . . .-27(2), or s. 322.28(2) or (5) and who operates a motor vehicle while his driver’s license is canceled . . .
. . . has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .
. . . The specific statute at issue is section 322.28(2), Fla. Stat. (1989). . . . Section 322.28(2)(a)(3). . . . Section 322.28(2)(a)(l). . . . Aside from the fact that a different legislative scheme was involved, section 322.28(2)(e), Fla.Stat. . . . This conclusion is fortified by again referring to section 322.28(2)(b). . . .
. . . However, sections 322.28(2)(a) and (e) provide that the courts, not the Department, shall revoke a driver . . . A felony DUI would appear to fall within both statutes, thus authorizing the court to revoke under 322.28 . . .
. . . his arrest on October 13, 1990, the sentencing judge revoking Plaintiff’s license pursuant to section 322.28 . . . section 322.2615 is a separate and distinct result from a revocation upon conviction under section 322.28 . . . Courts have held that the purpose of section 322.28 is to protect the public from intoxicated drivers . . .
. . . . § 322.28(2)(e), Fla.Stat. (1987). See also Pulaski v. . . .
. . . its previous order which revoked Landon Todd Walters’ driver’s license for life, pursuant to section 322.28 . . . Florida Statutes (1987), and ordered that the revocation be decreased to three years, pursuant to section 322.28 . . . The suspension of a defendant’s driving privilege, pursuant to section 322.28(2)(e) is not a criminal . . . This conclusion is further supported by the language in section 322.28(2)(e) that places upon the Department . . . recognize that the Department has the authority to revoke Walters’ driver’s license pursuant to section 322.28 . . .
. . . Pursuant to sections 322.24 and 322.28(2)(a)3, Fla. . . .
. . . See § 322.28, Fla.Stat. (1987). . . .
. . . Although section 322.28, Florida Statutes (1987), permits a trial court to revoke drivers’ licenses, . . .
. . . See, e.g., § 322.28, Fla.Stat. (1987). . . .
. . . . § 322.28 (Supp. 1989). . . .
. . . . § 322.28(2)(a)(1), Fla.Stat. (1987). . . . Accordingly the court was authorized to suspend the license for “not less than 5 years.” § 322.28(2)( . . . suspended, with the minimum length of the suspension period escalating with the number of convictions. § 322.28 . . . Section 322.28 is not penal in nature, but is designed to protect and promote the public safety. . . .
. . . The third issue in this case requires a close examination of § 322.28(f), Florida Statutes, which states . . .
. . . periods depending on the number of prior convictions, on the event of the present conviction, see Section 322.28 . . .
. . . . § 322.28(2)(a)3., Fla.Stat. (1985). . § 322.28(2)(a)2., Fla.Stat. (1985). . Hickman v. . . .
. . . Spells’ license for a period of ten years, effective June 29, 1984, under the authority of section 322.28 . . . Spells contends that the language of section 322.28(b) supports his theory that a court may impose a . . . The court’s duty, however, is unmistakably mandated by section 322.28(2)(a), which specifically provides . . . Section 322.28(2)(b) is intended to meet only the situation in which the court has neglected its duty . . . Vogt, 489 So.2d 1168 (Fla. 2d DCA 1986), that the purpose of section 322.28 is to protect the public . . .
. . . Safety & Motor Vehicles to reinstate appellee’s driver’s license despite the provisions of section 322.28 . . .
. . . considered Bender’s September 24, 1984, conviction to be his third DUI conviction and applied section 322.28 . . . because, at the time of his third offense, section 316.028 was not specifically enumerated in section 322.28 . . . The circuit court construed section 322.28 as penal in nature and, as such, found that it must be strictly . . . We agree that section 322.28 is not penal in nature but rather was designed to protect the public. . . . It is the duty of the courts, and the Department, to follow the provisions of section 322.28(2)(a)3, . . .
. . . d) All other statutes associated with drunk driving such as 316.1931, 316.1932, 316.1933, 316.1934, 322.28 . . . again the statute refers to the person driving or being in actual possession of a motor vehicle. (5) 322.28 . . .
. . . Department of Highway Safety and Motor Vehicles of The State of Florida (Department) applied Section 322.28 . . . Although the incident precipitating this conviction occurred before the 1984 amendments to Section 322.28 . . . In that same year, the revocation statute, Section 322.28(2)(a), Florida Statutes (1977), specifically . . . offenses under the prior statutes to be included in considering the mandatory revocation under Section 322.28 . . . Section 322.28(2)(a), Florida Statutes (1983), states, in part: (3) Upon a third conviction within a . . .
. . . TO ENHANCE THE PENALTIES CONCERNING SUSPENSION AND REVOCATION OF LICENSES AS PRESCRIBED IN SECTION 322.28 . . . He ordered Vogt’s driver’s license revoked for a period of six months pursuant to section 322.28(2), . . . Accordingly, the Department had revoked Vogt’s driver’s license for five years in accordance with section 322.28 . . .
. . . desired to drive on a restricted basis during the period of suspension of his license pursuant to section 322.28 . . .
. . . Section 322.28(3)(f) F.S. provides that the “Court” shall “permanently” revoke the driver’s license or . . . imposing sentence, the department shall permanently revoke the license or privilege pursuant to paragraph 322.28 . . . of Motor Vehicles to calculate the period of suspension of the defendant in accordance with Section 322.28 . . .
. . . To ascertain the legislative intent, it is necessary to examine a related statute, F.S. 322.28, which . . . F.S. 316.193 and F.S. 322.28 are companion statutes relating to driving under the influence and the penalties . . . convictions be within 5 years of each other, they would have done so in the same manner as they did in F.S. 322.28 . . .
. . . The county court revoked petitioner’s driver’s license for six months pursuant to section 322.28, Florida . . . actual, physical control of the car, and, if so, whether his license was properly revoked under section 322.28 . . . Section 322.28 provides that revocation of a driver’s license is a penalty for the offense of driving . . .
. . . Section 322.28(2)(f), Florida Statutes (Supp. 1982), which contemplates lifetime revocation under some . . .
. . . This gives a total finance charge of $322.28.” Starks, supra, at page 932. . . .
. . . Section 322.28, Fla.Stat. (Supp.1974). Section 322.281, Fla.Stat. . . .
. . . This gives a total finance charge of $322.28. . . . Here the finance charge was $322.28. Twice that figure ($644.56) is well within the $1000 maximum. . . .