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Fla. Stat. § 322.282 (2025)

Procedure when court revokes or suspends license or driving privilege and orders reinstatement.

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322.282 Procedure when court revokes or suspends license or driving privilege and orders reinstatement.—When a court suspends or revokes a person’s license or driving privilege and, in its discretion, orders reinstatement:
(1) The court shall pick up all revoked or suspended driver licenses from the person and immediately forward them to the department, together with a record of such conviction. The clerk of such court shall also maintain a list of all revocations or suspensions by the court.
(2)(a) The court shall issue an order of reinstatement, on a form to be furnished by the department, which the person may take to any driver license examining office. The department shall issue a temporary driver permit to a licensee who presents the court’s order of reinstatement, proof of completion of a department-approved driver training or substance abuse education course, and a written request for a hearing under s. 322.271. The permit shall not be issued if a record check by the department shows that the person has previously been convicted for a violation of s. 316.193, former s. 316.1931, former s. 316.028, former s. 860.01, or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any similar alcohol-related or drug-related traffic offense; that the person’s driving privilege has been previously suspended for refusal to submit to a lawful test of breath, blood, or urine; or that the person is otherwise not entitled to issuance of a driver license. This paragraph shall not be construed to prevent the reinstatement of a license or driving privilege that is presently suspended for driving with an unlawful blood-alcohol level or a refusal to submit to a breath, urine, or blood test and is also revoked for a conviction for a violation of s. 316.193 or former s. 316.1931, if the suspension and revocation arise out of the same incident.
(b) The temporary driver permit shall be restricted to either business or employment purposes described in s. 322.271, as determined by the department, and shall not be used for pleasure, recreational, or nonessential driving.
(c) If the department determines at a later date from its records that the applicant has previously been convicted of an offense referred to in paragraph (a) which would render him or her ineligible for reinstatement, the department shall cancel the temporary driver permit and shall issue a revocation or suspension order for the minimum period applicable. A temporary permit issued pursuant to this section shall be valid for 45 days or until canceled as provided in this paragraph.
(d) The period of time for which a temporary permit issued in accordance with paragraph (a) is valid shall be deemed to be part of the period of revocation imposed by the court.
History.—s. 9, ch. 74-384; s. 2, ch. 75-113; s. 1, ch. 77-174; s. 24, ch. 78-394; s. 24, ch. 83-215; s. 11, ch. 84-359; s. 9, ch. 86-296; s. 4, ch. 89-525; ss. 11, 23, ch. 91-255; s. 417, ch. 95-148; s. 86, ch. 2013-160.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1974–2023 · leading case: Goldschmitt v. State, 490 So. 2d 123 (Fla. 2d DCA 1986).
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Goldschmitt v. State, 490 So. 2d 123 (Fla. 2d DCA 1986). · cites it 2× “NOTES [1] The record before us affords some degree of confusion whether the bumper sticker is intended as a condition of probation, or as a condition of obtaining the work permit authorized by section 322.282, Florida Statutes (1985).”
Florida Bar, 536 So. 2d 181 (Fla. 1988). · cites it 2× “reason for the change was to bring Subsection (a) into conformity with the statutory language in Section 322.282, Florida Statutes, which states “substance abuse education course” rather than a “DWI Counter Attack School.”
In re Transition Rule 20, 306 So. 2d 489 (Fla. 1974). “In order to comply with the provisions of section 322.282(1), of Florida Statutes, the clerk need not maintain a separate list of driver license revocations from his or her existing records.”
In re Florida Rules of Practice & Procedure for Traffic Courts, 410 So. 2d 1337 (Fla. 1982). · cites it 2× “300 Driver License Revocation; Maintaining List In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations from his or her existing records.”
In re Florida Rules of Practice & Procedure for Traffic Courts, 494 So. 2d 1129 (Fla. 1986). · cites it 2× “Driver License Revocation; Maintaining List In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations or suspensions from his or her existing records.”
In Re: Amendments to the Florida Rules of Traffic Court (Fla. 2023). · cites it 2× “DRIVER LICENSE REVOCATION; MAINTAINING LIST In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations or suspensions from his or her existing records.”
In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts, 608 So. 2d 451 (Fla. 1992). · cites it 2× “The reason for the change was to bring Subsectionsubdivision (a) into conformity with the statutory language in Ssection 322.282, Florida Statutes, which states “substance abuse education course” rather than a “DWI Counter Attack School.”
— 322.282(1) — 4 cases
In re Transition Rule 20, 306 So. 2d 489 (Fla. 1974). “In order to comply with the provisions of section 322.282(1), of Florida Statutes, the clerk need not maintain a separate list of driver license revocations from his or her existing records.”
In re Florida Rules of Practice & Procedure for Traffic Courts, 410 So. 2d 1337 (Fla. 1982). “300 Driver License Revocation; Maintaining List In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations from his or her existing records.”
In re Florida Rules of Practice & Procedure for Traffic Courts, 494 So. 2d 1129 (Fla. 1986). “Driver License Revocation; Maintaining List In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations or suspensions from his or her existing records.”
In Re: Amendments to the Florida Rules of Traffic Court (Fla. 2023). “DRIVER LICENSE REVOCATION; MAINTAINING LIST In order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain a separate list of driver license revocations or suspensions from his or her existing records.”
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This Florida statute resource is curated by a Jacksonville criminal defense attorney, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 322 matters in the context of driving-while-license-suspended and criminal traffic defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.