Florida Statutes
Fla. Stat. § 322.29 (2025)
Surrender and return of license.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1973–2008 · leading case: Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001).
Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “"); see also § 322.29(1), Fla. Stat. (2000) ("The department, upon suspending or revoking a license, shall require that such license be surrendered to the department.”
Lescher v. Florida Dept. of High. Saf. & Motor Vehs., 985 So. 2d 1078 (Fla. 2008). “§ 322.29(2)(e), Fla. Stat. (2005). "The legislature has consistently indicated its intent to provide greater protection to the public from persons who had accumulated multiple DUI convictions.”
Fair v. Davis, 283 So. 2d 377 (Fla. 1st DCA 1973). “Nor does petitioner allege that he has successfully passed the driver’s license examination prescribed by Section 322.29, Florida Statutes, F.S.A. Mandamus is a remedy by which administrative officials or agencies may be coerced to perform ministerial duties which they have a…”
— 322.29(1) — 1 case
Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “"); see also § 322.29(1), Fla. Stat. (2000) ("The department, upon suspending or revoking a license, shall require that such license be surrendered to the department.”
— 322.29(2)(e) — 1 case
Lescher v. Florida Dept. of High. Saf. & Motor Vehs., 985 So. 2d 1078 (Fla. 2008). “§ 322.29(2)(e), Fla. Stat. (2005). "The legislature has consistently indicated its intent to provide greater protection to the public from persons who had accumulated multiple DUI convictions.”
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