Florida Statute 322.282 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.282

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.

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Amendments to 322.282

Arrestable Offenses / Crimes under Fla. Stat. 322.282

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.282.

Annotations, Discussions, Cases:

Cases Citing Statute 322.282

Total Results: 9

In Re: Amendments to the Florida Rules of Traffic Court

Court: Supreme Court of Florida | Date Filed: 2023-08-31

Snippet: order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1992-10-22

Citation: 608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Snippet: conformity with the statutory language in Ssection 322.282, Florida Statutes, which states “substance abuse

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-08-25

Citation: 536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332

Snippet: conformity with the statutory language in Section 322.282, Florida Statutes, which states “substance abuse

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-08-25

Citation: 530 So. 2d 274, 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343

Snippet: conformity with the statutory language in F.S. 322.282 which states "substance abuse education course”

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1986-09-18

Citation: 494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670

Snippet: order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain

Goldschmitt v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-05-09

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

Snippet: obtaining the work permit authorized by section 322.282, Florida Statutes (1985). If Goldschmitt had not

Mellon v. Cannon

Court: District Court of Appeal of Florida | Date Filed: 1986-02-13

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

Snippet: Department "from its records" (§§ 322.28(2)(d) and 322.282(2), Fla. Stat.) (emphasis supplied). As apparently

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1982-02-11

Citation: 410 So. 2d 1337, 1982 Fla. LEXIS 2355

Snippet: order to comply with the provisions of section 322.282(1), Florida Statutes, the clerk need not maintain

In re Transition Rule 20

Court: Supreme Court of Florida | Date Filed: 1974-12-09

Citation: 306 So. 2d 489, 1974 Fla. LEXIS 4035

Snippet: order to comply with the provisions of section 322.282(1), of Florida Statutes, the clerk need not maintain