Florida Statute 322.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.28

322.28 Period of suspension or revocation.—

(1) Unless otherwise provided by this section, the department shall not suspend a license for a period of more than 1 year and, upon revoking a license, in any case except in a prosecution for the offense of driving a motor vehicle while under the influence of alcoholic beverages, chemical substances as set forth in s. 877.111, or controlled substances, shall not in any event grant a new license until the expiration of 1 year after such revocation.

(2) In a prosecution for a violation of s. 316.193 or former s. 316.1931, the following provisions apply:

(a) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver license or driving privilege of the person so convicted, effective on the date of conviction, and shall prescribe the period of such revocation in accordance with the following provisions:

1. Upon a first conviction for a violation of the provisions of s. 316.193, except a violation resulting in death, the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year.

2. Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 5 years.

3. Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 10 years.

For the purposes of this paragraph, a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as proscribed by s. 316.193 will be considered a previous conviction for violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for violation of s. 316.193.

(b) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, and is not otherwise specified by law, the department shall forthwith revoke the driver license or driving privilege for the maximum period applicable under paragraph (a) for a first conviction and for the minimum period applicable under paragraph (a) for any subsequent convictions. The driver may, within 30 days after such revocation by the department, petition the court for further hearing on the period of revocation, and the court may reopen the case and determine the period of revocation within the limits specified in paragraph (a).

(c) The forfeiture of bail bond, not vacated within 20 days, in any prosecution for the offense of driving while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent of depriving the defendant of his or her normal faculties shall be deemed equivalent to a conviction for the purposes of this paragraph, and the department shall forthwith revoke the defendant’s driver license or driving privilege for the maximum period applicable under paragraph (a) for a first conviction and for the minimum period applicable under paragraph (a) for a second or subsequent conviction; however, if the defendant is later convicted of the charge, the period of revocation imposed by the department for such conviction shall not exceed the difference between the applicable maximum for a first conviction or minimum for a second or subsequent conviction and the revocation period under this subsection that has actually elapsed; upon conviction of such charge, the court may impose revocation for a period of time as specified in paragraph (a). This paragraph does not apply if an appropriate motion contesting the forfeiture is filed within the 20-day period.

(d) The court shall permanently revoke the driver license or driving privilege of a person who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a combination of such sections. The court shall permanently revoke the driver license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s. 316.193. If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing sentence, the department shall permanently revoke the driver license or driving privilege pursuant to this paragraph. No driver license or driving privilege may be issued or granted to any such person. This paragraph applies only if at least one of the convictions for violation of s. 316.193 or former s. 316.1931 was for a violation that occurred after July 1, 1982. For the purposes of this paragraph, a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is also considered a conviction for violation of s. 316.193. Also, a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense outside this state is considered a conviction for the purposes of this paragraph.

(e) Convictions that occur on the same date resulting from separate offense dates shall be treated as separate convictions, and the offense that occurred earlier will be deemed a prior conviction for the purposes of this section.

(3) The court shall permanently revoke the driver license or driving privilege of a person who has been convicted of murder resulting from the operation of a motor vehicle. No driver license or driving privilege may be issued or granted to any such person.

(4)(a) Upon a conviction for a violation of s. 316.193(3)(c)2., involving serious bodily injury, a conviction of manslaughter resulting from the operation of a motor vehicle, or a conviction of vehicular homicide, the court shall revoke the driver license of the person convicted for a minimum period of 3 years. If a conviction under s. 316.193(3)(c)2., involving serious bodily injury, is also a subsequent conviction as described under paragraph (2)(a), the court shall revoke the driver license or driving privilege of the person convicted for the period applicable as provided in paragraph (2)(a) or paragraph (2)(d).

(b) Upon a conviction for a violation of s. 316.027(2)(a), (b), or (c) involving injury, serious bodily injury, or death, the court shall revoke the driver license of the person convicted for a minimum period of 3 years.

(c) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, the department shall revoke the driver license for the minimum period applicable under paragraph (a) or paragraph (b) or, for a subsequent conviction, for the minimum period applicable under paragraph (2)(a) or paragraph (2)(d).

(5) A court may not stay the administrative suspension of a driving privilege under s. 322.2615 or s. 322.2616 during judicial review of the departmental order that resulted in such suspension, and a suspension or revocation of a driving privilege may not be stayed upon an appeal of the conviction or order that resulted in the suspension or revocation.

(6) In a prosecution for a violation of s. 316.172(1), and upon a showing of the department’s records that the licensee has received a second conviction within 5 years following the date of a prior conviction of s. 316.172(1), the department shall, upon direction of the court, suspend the driver license of the person convicted for a period of at least 90 days but not more than 6 months.

(7) Following a second or subsequent violation of s. 796.07(2)(f) which involves a motor vehicle and which results in any judicial disposition other than acquittal or dismissal, in addition to any other sentence imposed, the court shall revoke the person’s driver license or driving privilege, effective upon the date of the disposition, for a period of at least 1 year. A person sentenced under this subsection may request a hearing under s. 322.271.

(8) The court shall permanently revoke the commercial driver license of a person who is convicted of, or has entered a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any felony involving human trafficking under state or federal law which involves the use of a commercial motor vehicle. If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing a sentence, the department must permanently revoke the driver license or driving privilege pursuant to this section.

History.—s. 40, ch. 19551, 1939; CGL 1940 Supp. 4151(654); s. 40, ch. 20451, 1941; s. 2, ch. 59-95; ss. 24, 35, ch. 69-106; s. 5, ch. 72-175; s. 94, ch. 73-333; ss. 2, 3, ch. 74-248; s. 7, ch. 74-384; s. 1, ch. 75-113; s. 43, ch. 76-31; s. 3, ch. 76-153; s. 1, ch. 77-174; s. 20, ch. 80-290; s. 9, ch. 82-155; s. 4, ch. 82-403; s. 9, ch. 83-228; s. 10, ch. 84-359; s. 8, ch. 86-296; s. 4, ch. 87-167; s. 3, ch. 89-525; s. 31, ch. 91-221; s. 2, ch. 91-243; ss. 11, 24, ch. 91-255; s. 416, ch. 95-148; s. 8, ch. 96-330; s. 51, ch. 96-413; s. 12, ch. 96-414; s. 10, ch. 98-223; s. 45, ch. 99-248; s. 1, ch. 2001-189; s. 5, ch. 2002-297; s. 61, ch. 2013-160; s. 4, ch. 2014-225; s. 14, ch. 2021-187.

F.S. 322.28 on Google Scholar

F.S. 322.28 on CourtListener

Amendments to 322.28

Annotations, Discussions, Cases:

Cases Citing Statute 322.28

Total Results: 72

State v. Kelly

999 So. 2d 1029, 2008 WL 5396701

Supreme Court of Florida | Filed: Dec 30, 2008 | Docket: 465103

Cited 25 times | Published

their driver's licenses. In relevant part, section 322.28(2)(e), Florida Statutes (2003), provides:

FLA. DHSMV v. Critchfield

842 So. 2d 782

Supreme Court of Florida | Filed: Mar 13, 2003 | Docket: 1730513

Cited 15 times | Published

privileges. Section 10 deals with amendments to section 322.28, Florida Statutes, concerning the period of

Stoletz v. State

875 So. 2d 572, 2004 WL 1119362

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 1683994

Cited 14 times | Published

license revocation of five years, but no more. See § 322.28(2)(a)(2), Fla. Stat. (1999) ("Upon a second conviction

STATE, DEPT. OF HIGHWAY SAFETY v. Vogt

489 So. 2d 1168, 11 Fla. L. Weekly 1196

District Court of Appeal of Florida | Filed: May 23, 1986 | Docket: 546059

Cited 14 times | Published

AND REVOCATION OF LICENSES AS PRESCRIBED IN SECTION 322.28, FLORIDA STATUTES (1984), AND WHEN THE JUDGE

Griffin v. State

457 So. 2d 1070

District Court of Appeal of Florida | Filed: Jul 18, 1984 | Docket: 426303

Cited 14 times | Published

driver's license for six months pursuant to section 322.28, Florida Statutes (1982). We deny the petition

Houle v. State

33 So. 3d 822, 2010 Fla. App. LEXIS 5588, 2010 WL 1692535

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 291839

Cited 11 times | Published

193(3)(c)2., Florida Statutes (2008). Pursuant to section 322.28(4)(a), the trial court shall revoke the driving

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

and revocation of a driver's license under section 322.28, Florida Statutes. See Nordelus v. State, 889

Jackson v. State

634 So. 2d 1103, 1994 WL 112245

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1737907

Cited 11 times | Published

permanent revocation of his driver's license under section 322.28(2)(e), Florida Statutes (1991), because we

Goldschmitt v. State

490 So. 2d 123, 11 Fla. L. Weekly 1099

District Court of Appeal of Florida | Filed: May 9, 1986 | Docket: 1743176

Cited 11 times | Published

period of suspension of his license pursuant to section 322.28(2)(a)(1), Florida Statutes (1985), the trial

Whipple v. State

789 So. 2d 1132, 2001 WL 716760

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 2535894

Cited 10 times | Published

not qualify for a lifetime suspension under section 322.28(2)(a)3. Next, he claimed that he was not informed

DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Critchfield

805 So. 2d 1034, 2002 Fla. App. LEXIS 17, 2002 WL 10071

District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 1669470

Cited 9 times | Published

privileges. Section 10 deals with amendments to section 322.28, Florida Statutes, concerning the period of

STATE, DEPT. OF HWY. SAFETY v. Degrossi

680 So. 2d 1093, 1996 WL 577412

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1663810

Cited 8 times | Published

question to be of great public importance: Does section 322.28(6) prevent a county court judge from ordering

Pulaski v. State

540 So. 2d 193, 1989 WL 23509

District Court of Appeal of Florida | Filed: Mar 17, 1989 | Docket: 1294246

Cited 8 times | Published

suspension of his license for no more than one year. § 322.28(2)(a)(1), Fla. Stat. (1987). However, the trial

Mandile v. State

547 So. 2d 1062, 1989 WL 101236

District Court of Appeal of Florida | Filed: Aug 25, 1989 | Docket: 406853

Cited 7 times | Published

circumstances, none of which are present here. See, e.g., § 322.28, Fla. Stat. (1987). This is not to say, however

United States v. Robert M. Garner

874 F.2d 1510, 1989 U.S. App. LEXIS 8490, 1989 WL 54714

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1989 | Docket: 988750

Cited 7 times | Published

than 180 days or more than 1 year.” Fla.Stat. § 322.28 (Supp. 1989). Finally, because Garner was an Alabama

DEPT. OF HIGHWAY SAFETY v. Bender

497 So. 2d 1332, 11 Fla. L. Weekly 2493

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 1239657

Cited 7 times | Published

to be his third DUI conviction and applied section 322.28(2)(a)3, Florida Statutes (1983), which specifies

McDaniel v. State

683 So. 2d 597, 1996 WL 661738

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1514961

Cited 6 times | Published

that the trial court incorrectly interpreted section 322.28(2)(e), Florida Statutes (1993), that statute

Lescher v. FLORIDA DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES

985 So. 2d 1078, 33 Fla. L. Weekly Supp. 434, 2008 Fla. LEXIS 1221, 2008 WL 2608621

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 201250

Cited 5 times | Published

four times: in 1979, 1983, 1991, and 2000. Section 322.28(2)(e), Florida Statutes (2000), required that

Prianti v. State

819 So. 2d 231, 2002 WL 1174619

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1971620

Cited 5 times | Published

as this conviction was his fourth offense. See § 322.28(2)(e), Fla. Stat. (2000). For a plea to be voluntary

State v. Scibana

726 So. 2d 793, 1999 WL 2678

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 1307522

Cited 5 times | Published

back-dated the convictions in order to evade section 322.28(2)(a)1, Florida Statutes (1993), which requires

Mellon v. Cannon

482 So. 2d 604, 11 Fla. L. Weekly 420

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 1769407

Cited 5 times | Published

revocation of his driver license for five years. § 322.28, Fla. Stat. Appellee was notified of this and

STATE, DEPT. OF HIGHWAY SAFETY v. Griffin

909 So. 2d 538

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1199632

Cited 4 times | Published

erred in finding that the no-stay provision of section 322.28(5), Florida Statutes, which precludes a circuit

State v. Fountain

883 So. 2d 300, 2004 WL 1877725

District Court of Appeal of Florida | Filed: Aug 24, 2004 | Docket: 1370241

Cited 4 times | Published

revoked Fountain's driving privileges pursuant to section 322.28 Florida Statutes, because he had been convicted

State v. Walters

567 So. 2d 49, 1990 WL 140300

District Court of Appeal of Florida | Filed: Sep 26, 1990 | Docket: 1721483

Cited 4 times | Published

Walters' driver's license for life, pursuant to section 322.28(2)(e), Florida Statutes (1987), and ordered

State v. Caudle

504 So. 2d 419, 12 Fla. L. Weekly 505

District Court of Appeal of Florida | Filed: Feb 12, 1987 | Docket: 453569

Cited 4 times | Published

L.Ed.2d 383 (1979). [3] § 322.28(2)(a)3., Fla. Stat. (1985). [4] § 322.28(2)(a)2., Fla. Stat. (1985)

Lescher v. DEPARTMENT OF HIGHWAY SAFETY

946 So. 2d 1140, 2006 WL 3733197

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1770991

Cited 3 times | Published

revocation following a fourth DUI conviction. § 322.28(2), Fla. Stat. (2006). This escalation, depending

Nordelus v. State

889 So. 2d 910, 2004 WL 2823452

District Court of Appeal of Florida | Filed: Dec 8, 2004 | Docket: 1488538

Cited 3 times | Published

required to revoke his driver's license under section 322.28(2)(e), Florida Statutes (1999), as a result

DEP. OF HIGH. SAF. AND MOTOR VEH. v. Gordon

860 So. 2d 469, 2003 WL 22464026

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1511633

Cited 3 times | Published

administratively revoked for five years, as required by section 322.28(2)(a)2., Florida Statutes (2000). Gordon sought

Collins v. State

578 So. 2d 30, 1991 WL 55413

District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 1525299

Cited 3 times | Published

permanent revocation of appellant's driver's license. § 322.28(2)(e), Fla. Stat. (1987). See also Pulaski v.

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

that the phrase “for not less than 5 years” in section 322.28(2)(a)(2), Florida Statutes (1999), established

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

that the phrase “for not less than 5 years” in section 322.28(2)(a)(2), Florida Statutes (1999), established

Stangarone v. State

94 So. 3d 652, 2012 WL 3101520, 2012 Fla. App. LEXIS 12519

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310932

Cited 2 times | Published

not the result of the mandatory provisions of section 322.28(2)(e), but rather under the broad and discretionary

DEPARTMENT OF HIGHWAY SAFETY v. Johnson

980 So. 2d 1118, 2008 WL 611015

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1417547

Cited 2 times | Published

license was permanently revoked pursuant to section 322.28(2)(e), Florida Statutes. Sometime thereafterthe

DEPARTMENT OF HIGHWAY SAFETY v. Gaskins

891 So. 2d 643, 2005 WL 176423

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 1704421

Cited 2 times | Published

privilege, effective January 14, 1991, pursuant to section 322.28(2)(e), Florida Statutes (1991). In 1996, pursuant

DHSMV v. Brandenburg

891 So. 2d 1071

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1704509

Cited 2 times | Published

DEFENDANT'S DRIVER'S LICENSE PURSUANT TO FLORIDA STATUTE 322.28(1)(a)(1) FROM THE DATE OF CONVICTION AS

Trombley v. State

754 So. 2d 121, 2000 WL 282339

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1523566

Cited 2 times | Published

driver's license for five years pursuant to section 322.28. That statute provides in part: (2) In a prosecution

Larcher v. DEPARTMENT OF HIGHWAY SAFETY

736 So. 2d 1249, 1999 WL 445846

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1431911

Cited 2 times | Published

to comply with the stay order. Even though section 322.28(6) states that "no suspension or revocation

Davis v. DEPT. OF HWY. SAF. & MOT. VEH.

660 So. 2d 775

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 1647140

Cited 2 times | Published

Administrative Proceedings In accordance with section 322.28(2)(a)3., Florida Statutes (1991), William Wayne

Boulineau v. Dep't of Highway Safety & Motor Vehicles

247 So. 3d 660

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 64682311

Cited 1 times | Published

a period of five years, under the terms of section 322.28(2)(a)2., Florida Statutes (2013). Our standard

Inquiry Concerning a Judge, No. 11-551 re: Nelson

95 So. 3d 122, 37 Fla. L. Weekly Supp. 511, 2012 WL 2849211, 2012 Fla. LEXIS 1363

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60311147

Cited 1 times | Published

less than 180 days or more than one year. See § 322.28(2)(a)1., Fla. Stat. (2011). In addition, the trial

DEPT. OF HWY. SAFETY & MOTOR VEH. v. Scinta

828 So. 2d 486, 2002 WL 31323248

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 429800

Cited 1 times | Published

license was permanently revoked pursuant to section 322.28(2)(e), Florida Statutes (1995), on November

STATE, DEPT. OF HIGHWAY v. Davis

775 So. 2d 989, 2000 WL 1742046

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 1185227

Cited 1 times | Published

privilege was permanently revoked pursuant to section 322.28(2)(f), Florida Statutes, on the basis of his

Department of Safety v. Stockman

709 So. 2d 179, 1998 Fla. App. LEXIS 3414, 1998 WL 150704

District Court of Appeal of Florida | Filed: Apr 3, 1998 | Docket: 1279035

Cited 1 times | Published

appropriate terms and conditions." Further, section 322.28(6) provides that no administrative suspension

Moreland v. State

442 So. 2d 1002

District Court of Appeal of Florida | Filed: Jan 4, 1984 | Docket: 2563464

Cited 1 times | Published

and SCHEB and DANAHY, JJ., concur. NOTES [1] Section 322.28(2)(f), Florida Statutes (Supp. 1982), which

Department of Public Safety Driver's License Division v. Mitchell

152 So. 2d 764, 1963 Fla. App. LEXIS 3652

District Court of Appeal of Florida | Filed: May 7, 1963 | Docket: 60211864

Cited 1 times | Published

first would not alter the duty of the court, under § 322.28(2), Fla.Stat., F.S.A., relating to successive

Kahasim Rashid Brown v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365635

Published

DUI conviction within the preceding five years. § 322.28(2)(a)2., Fla. Stat. (2020). Appellant’s previous

JOSE BERROCALES v. STATE OF FLORIDA

268 So. 3d 771

District Court of Appeal of Florida | Filed: Jan 30, 2019 | Docket: 14527250

Published

license for a minimum of three years under section 322.28(4)(a), Florida Statutes. We review a trial

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

185 So. 3d 632, 2016 WL 455625

District Court of Appeal of Florida | Filed: Feb 4, 2016 | Docket: 3033937

Published

driving privilege.” (Emphasis added). : Section 322.28 is entitled “Period of suspension or revocation

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

19 So. 3d 1001, 2009 Fla. App. LEXIS 10811, 2009 WL 2382387

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 171285

Published

test appliesfrom section 322.28where a "similar offense" test applies. Section 322.28 specifies the period

Sayles v. State

14 So. 3d 1269, 2009 Fla. App. LEXIS 9355, 2009 WL 1940758

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 1650659

Published

revocation of his driver's license was an issue. See § 322.28, Fla. Stat. (2007). The plea form signed by Sayles

Dennis v. Department of Highway Safety and Motor Vehicles

972 So. 2d 924, 2007 WL 4320756

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 2564482

Published

revoked Florida driver's license pursuant to section 322.28, Florida Statutes. We affirm the trial court's

Beard v. State

874 So. 2d 1274, 2004 Fla. App. LEXIS 8350, 2004 WL 1330365

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 64831044

Published

license is permanently revoked pursuant to section 322.28(2)(e), Florida Statutes (2002), rather than

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

869 So. 2d 711, 2004 Fla. App. LEXIS 4552, 2004 WL 726827

District Court of Appeal of Florida | Filed: Apr 6, 2004 | Docket: 64829194

Published

revoked Petitioner’s driver’s license pursuant to section 322.28(2)(e), Florida Statutes (1993), because Petitioner

State v. Caswell

999 So. 2d 1065, 2003 WL 22460275

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1514861

Published

permanently revoke her driver's license pursuant to section 322.28(2)(e), Florida Statutes. The circuit court

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

853 So. 2d 1112, 2003 Fla. App. LEXIS 13574, 2003 WL 22080763

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 64824929

Published

license but the application was denied based upon section 322.28(2)(e), Florida Statutes. That statute was amended

Stoletz v. State

842 So. 2d 866, 2003 Fla. App. LEXIS 308, 2003 WL 131694

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64822160

Published

permit the court to do so, and nothing in section 322.28(2) prohibits such a revocation. On this point

State v. Lainez

771 So. 2d 617, 2000 Fla. App. LEXIS 15201, 2000 WL 1726983

District Court of Appeal of Florida | Filed: Nov 22, 2000 | Docket: 64801781

Published

similar structure. Both section 316.193 and section 322.28 list penalties for first, second, and third

State Department of Highway Safety & Motor Vehicles v. Begley

776 So. 2d 278, 2000 Fla. App. LEXIS 5211, 2000 WL 554896

District Court of Appeal of Florida | Filed: May 8, 2000 | Docket: 64803224

Published

find that the circuit court’s orders violate section 322.28(5), Florida Statutes (1999), and thus, the

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

754 So. 2d 156, 2000 Fla. App. LEXIS 3476, 2000 WL 301078

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 64796154

Published

essential requirements of law because it violates section 322.28(5), Florida Statutes (1999), which provides

Anderson v. Department of Highway Safety & Motor Vehicles

751 So. 2d 749, 2000 Fla. App. LEXIS 1840, 2000 WL 217589

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 64795222

Published

suspension alleging that subsection (5) of section 322.28, Florida Statutes (1999), recently added to

Department of Highway Safety & Motor Vehicles v. Olivie

753 So. 2d 593, 2000 Fla. App. LEXIS 1037, 2000 WL 140071

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64795918

Published

that resulted in the suspension or revocation.” § 322.28(5), Fla. Stat. (1999); Accord State, Dept. of

Auger v. State

725 So. 2d 1178, 1998 Fla. App. LEXIS 15898, 1998 WL 879103

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64786032

Published

683 So.2d 597 (Fla. 2d DCA 1996). Although section 322.28(2)(e), Florida Statutes (1993), authorizes

State v. Haddix

668 So. 2d 1064, 1996 Fla. App. LEXIS 1600, 1996 WL 82202

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762746

Published

required by section 322.28(2)(a)2, Florida Statutes (1993). We conclude that it did. Section 322.28(2)(a)2

Davis v. Department of Highway Safety & Motor Vehicles

660 So. 2d 775, 1995 Fla. App. LEXIS 9770, 1995 WL 548346

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 64758888

Published

Administrative Proceedings In accordance with section 322.28(2)(a)3., Florida Statutes (1991), William Wayne

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

634 So. 2d 742, 1994 Fla. App. LEXIS 3081, 1994 WL 98851

District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 64747408

Published

permanent revocation was imposed pursuant to section 322.28, Florida Statutes (1981), for Tremmel’s fourth

Douglas v. State

559 So. 2d 732, 1990 Fla. App. LEXIS 2749, 1990 WL 48609

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 64649649

Published

authorized to suspend a driver’s license. See § 322.28, Fla.Stat. (1987). Certain sections of Chapter

Hubbard v. State

559 So. 2d 416, 1990 Fla. App. LEXIS 2489, 1990 WL 41226

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 64649547

Published

547 So.2d 1062 (Fla. 2d DCA 1989). Although section 322.28, Florida Statutes (1987), permits a trial court

Hubbard v. State

559 So. 2d 416, 1990 Fla. App. LEXIS 2489, 1990 WL 41226

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 64649547

Published

547 So.2d 1062 (Fla. 2d DCA 1989). Although section 322.28, Florida Statutes (1987), permits a trial court

Department of Highway Safety & Motor Vehicles v. Spells

502 So. 2d 19, 12 Fla. L. Weekly 163, 1986 Fla. App. LEXIS 11459

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624853

Published

effective June 29, 1984, under the authority of section 322.28(2)(a)3, Florida Statutes (1983). For some unexplained

Keith v. Casey

504 So. 2d 4, 11 Fla. L. Weekly 2570, 1986 Fla. App. LEXIS 11192

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 64625868

Published

driver’s license despite the provisions of section 322.28, Florida Statutes (1983). State Department

Department of Highway Safety & Motor Vehicles v. Morea

491 So. 2d 1210, 1986 Fla. App. LEXIS 8950, 11 Fla. L. Weekly 1568

District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 64620809

Published

of The State of Florida (Department) applied Section 322.28(2)(a), Florida Statutes (Supp.1984), in an

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

relicensed for a minimum of five years. The latter, § 322.28(2) (c), provides that any person having his license