Florida Statute 322.29 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.29

322.29 Surrender and return of license.—

(1) The department, upon suspending or revoking a license, shall require that such license be surrendered to the department. At the end of the period of suspension, such license so surrendered shall be returned, or a duplicate license issued, to the licensee after the applicant has successfully passed the vision, sign, and traffic law examinations. In addition, pursuant to s. 322.221, the department may require the licensee to successfully complete a driving examination. The department is prohibited from requiring the surrender of a license except as authorized by this chapter.

(2) Notwithstanding subsection (1), an examination is not required for the return of a license suspended under s. 318.15 or s. 322.245 unless an examination is otherwise required by this chapter. A person applying for the return of a license suspended under s. 318.15 or s. 322.245 must present to the department certification from the court that he or she has complied with all obligations and penalties imposed pursuant to s. 318.15 or, in the case of a suspension pursuant to s. 322.245, that he or she has complied with all directives of the court and the requirements of s. 322.245 and shall pay to the department a nonrefundable service fee of $60, of which $37.50 shall be deposited into the General Revenue Fund and $22.50 shall be deposited into the Highway Safety Operating Trust Fund. If reinstated by the clerk of the court or tax collector, $37.50 shall be retained and $22.50 shall be remitted to the Department of Revenue for deposit into the Highway Safety Operating Trust Fund. However, the service fee is not required if the person is required to pay a $45 fee or $75 fee under s. 322.21(8).

(3) The department must work with the clerks of court, through their association, to ensure the ability within their technology systems for clerks of court to reinstate suspended driver licenses for failure to pay court obligations.

History.—s. 41, ch. 19551, 1939; CGL 1940 Supp. 4151(655); s. 41, ch. 20451, 1941; s. 1, ch. 59-442; s. 9, ch. 72-175; s. 1, ch. 80-308; s. 3, ch. 84-265; s. 23, ch. 84-359; s. 10, ch. 86-296; s. 418, ch. 95-148; s. 6, ch. 2003-410; s. 53, ch. 2005-236; s. 38, ch. 2009-71; s. 5, ch. 2022-201.

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Amendments to 322.29

Arrestable Offenses / Crimes under Fla. Stat. 322.29

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.29.

Annotations, Discussions, Cases:

Cases Citing Statute 322.29

Total Results: 7

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

Court: Supreme Court of Florida | Date Filed: 2008-07-03

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

Snippet: convictions before his license is permanently revoked. § 322.29(2)(e), Fla. Stat. (2005). "The legislature has

Rodgers v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-05

Citation: 804 So. 2d 480

Snippet: by him or her to the department."); see also § 322.29(1), Fla. Stat. (2000) ("The department, upon suspending

County of Orange v. Webster

Court: Supreme Court of Florida | Date Filed: 1989-06-15

Citation: 546 So. 2d 1033, 14 Fla. L. Weekly 285, 1989 Fla. LEXIS 558, 1989 WL 65500

Snippet: Middleton v. City of St. Augustine, 42 Fla. 287, 322, 29 So. 421, 431 (1900), the Supreme Court first addressed

Heimer v. Travelers Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1981-06-02

Citation: 400 So. 2d 771, 1981 Fla. App. LEXIS 20025

Snippet: with Hammond Packing Co. v. Arkansas, 212 U.S. 322, 29 S.Ct. 370, 53 L.Ed. 530 (1909). In Hammond, the

Royal v. Clemons

Court: District Court of Appeal of Florida | Date Filed: 1981-02-04

Citation: 394 So. 2d 155

Snippet: mechanics lien. A transfer bond in the amount of $61,322.29 was posted by Bell in compliance with Section 713

Fair v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1973-10-04

Citation: 283 So. 2d 377, 1973 Fla. App. LEXIS 6634

Snippet: driver’s license examination prescribed by Section 322.29, Florida Statutes, F.S.A. Mandamus is a remedy

Ganem v. Ganem

Court: District Court of Appeal of Florida | Date Filed: 1972-11-21

Citation: 269 So. 2d 740

Snippet: Hammond Packing Co. v. Arkansas (1909), 212 U.S. 322, 29 S.Ct. 370, 53 L.Ed. 530, 15 Ann.Cas. 645 and Hovey