Florida/Georgia Personal Injury & Workers Compensation

...of Conviction at 4 ¶ 11; see Fla. Stat. § 316.003(46) (“Operator” means “[a]ny person who is in actual physical control of a motor vehicle upon the highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.” (emphasis added)); Fla. Stat. § 322.01(16) (“‘Drive’ means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.”)....

...such tests given under this section. (Language added is underscored, and language deleted is struck through.) Formerly, the "department" referred to in this subsection had been defined as the Department of Highway Safety and Motor Vehicles (DHSMV). § 322.01, Fla....

...immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter. § 322.01(31), Fla. Stat. (2013). These statutory definitions in 2005, when the accident in this case occurred, contained identical language. §§ 316.003(26), 322.01(30), 324.021(9)(a), Fla....

...n the highways of this state while such license or privilege is canceled, suspended, or revoked." The statute specifically provides that, upon a third "conviction," a person guilty of a DWLCSR offense is guilty of a third-degree felony. See id. *291 Section 322.01(10), Florida Statutes (1995), defines "conviction" as follows: "Conviction" means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this sta...

...sion or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. From the plain language of section 322.01(10), it is unclear whether or not the Legislature intended for the term "conviction" to encompass withheld adjudications....

...contend[e]re accepted by a court; the payment of a fine, penalty, or court costs, regardless of whether such fine, penalty, or cost is rebated, suspended, or probated; a ruling which withholds adjudication; or a violation of a condition of release. § 322.01(10), Fla....

..." as a conviction, a withhold of adjudication in a suspension case under section 318.14(10) would still have counted as a conviction for the purpose of Chapter 322. [5] The legislature remedied this anomaly in 1990 by eliminating the 1989 version of section 322.01(10), redefining a conviction under that section, and adding a section addressing the relationship between a withhold of adjudication and a conviction. Ch. 90-230, Laws of Fla. §§ 2, 3, at 1722. These amendments *293 were to operate "retroactively to July 1, 1989," prior to the effective date of the 1989 version of section 322.01(10)....

...r state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. § 322.01(10), Fla....

...in accordance with s. 322.27." § 318.14(8), Fla. Stat. (1995) (emphasis supplied). Section 322.27(3), Florida Statutes (1995), provides for a point system for "convictions of violations of motor vehicle laws." In the same 1990 statute that changed section 322.01(10)'s definition of conviction, the legislature added section 318.14(11), which provides: If adjudication is withheld for any person charged or cited under this section, such action shall not be deemed a conviction....

...If a withhold of adjudication on a criminal charge generally did not constitute a conviction, then subsection (11) would have been unnecessary. The adoption of subsection (11) evidences the legislative intent that all dispositions of driving under suspension charges amount to convictions under section 322.01(10), unless adjudication *294 has been withheld pursuant to the procedures of section 318.14(10), for the three types of license suspensions enumerated in that section....

...on of a license suspension—one time every twelve months and three elections in a lifetime. A disposition outside of the section 318.14(10) procedure, regardless of whether adjudication is withheld or imposed, is a "conviction" within the meaning of section 322.01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.34....

...olo contendre accepted by a court; the payment of a fine, penalty, or court costs, regardless of whether such fine, penalty, or cost is rebated, suspended, or probated; a ruling which withholds adjudication; or a violation of a condition of release. § 322.01(10), Fla....

...Significantly, since this section defined "a ruling which withholds adjudication" as a conviction, a withhold of adjudication in a suspension case under section 318.14(10) would still have counted as a conviction for the purpose of Chapter 322. The legislature remedied this anomaly in 1990 by eliminating the 1989 version of section 322.01(10), redefining a conviction under that section, and adding a section addressing the relationship between a withhold of adjudication and a conviction. Ch. 90-230, Laws of Fla. §§ 2, 3, at 1722. These amendments were to operate "retroactively to July 1, 1989," prior to the effective date of the 1989 version of section 322.01(10)....

...r state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. § 322.01(10), Fla....

...echo the language of section 318.14. From issuance of the citation through conviction, section 318.14 sets out the procedure for handling a traffic infraction without any mention of an adjudication of guilt. [3] In the same 1990 statute that changed section 322.01(10)'s definition of conviction, the legislature added section 318.14(11), which provides: *1090 If adjudication is withheld for any person charged or cited under this section, such action shall not be deemed a conviction....

...If a withhold of adjudication on a criminal charge generally did not constitute a conviction, then subsection (11) would have been unnecessary. The adoption of subsection (11) evidences the legislative intent that all dispositions of driving under suspension charges amount to convictions under section 322.01(10), unless adjudication has been withheld pursuant to the procedures of section 318.14(10), for the three types of license suspensions enumerated in that section....

...n of a license suspension— one time every twelve months and three elections in a lifetime. A disposition outside of the section 318.14(10) procedure, regardless of whether adjudication is withheld or imposed, is a "conviction" within the meaning of section 322.01(10), which can be used to habitualize under section 322.264(1)(d), Florida Statutes (1995), or for aggravation under section 322.34....

by us. The Restatement (Second) of Contracts, § 322(1), provides that "[U]nless the circumstances indicate

...For instance, section 316.003(12), Florida Statutes (2004), defines a farm tractor as "[a]ny motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry." The Legislature also refers to a farm tractor as a motor vehicle in section 322.01(19), Florida Statutes (2004)....

...herein. [3] The question before us is whether the Department's mandatory duty can be stayed by a court pending the outcome of an appeal from the adjudication of guilt. The answer initially turns on the meaning of "conviction" as used in the statute. Section 322.01(10) defines "conviction" as "a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter...." Degrossi contends "conviction" as used in Sections 322.26(2) and 322.28(6), refer...

...mity in court decisions, but the rule is not directed to circuit courts sitting in their appellate capacity. An en banc rule for most circuits may be impractical because of the large number of circuit judges that would be involved. Interpretation of section 322.01(38), Florida Statutes (1993) was the issue before the county court in disposing of Lopez's motion to dismiss....

...hen searching for precedents upon which to base its decision, and, in the absence of a rule of procedure to resolve conflicts among the decisions, to make its independent decision. We also hold that the definition of a street or highway set forth in section 322.01(38), Florida Statutes (1993) includes traffic ways and parking areas that are open to the public use by vehicles even though the areas are not owned or maintained by a governmental agency....

summarized in Restatement (Second) of Contracts, § 322(1), as follows: (1) Unless the circumstances indicate

...Section 322.03(1), Florida Statutes (1995) provides: Drivers must be licensed; penalties. (1) Except as otherwise authorized in this Chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter. Section 322.01(26) defines "Motor vehicle" as: [A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in section 316.003....

...question had been a moped, rather than a go-ped, the outcome would have been different. We do not agree with the dicta regarding mopeds. [2] Because a moped is a "self-propelled vehicle," and is not excluded from the definition of a motor vehicle in section 322.01(26), we *1277 conclude that driving a moped requires a license....

summarized in the Restatement (Second), Contracts § 322(1) as follows: (1) Unless the circumstances indicate

...o statutes. Section 316.003(21), Florida Statutes, defines a "motor vehicle" as "any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device or moped." Section 322.01(26), Florida Statutes, defines a "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideways, excluding vehicles moved solely by human power, motorized wheelchairs, and mo...

...Crain was convicted of violating section 322.34(5), which makes it a third-degree felony for a person to drive while his driver's license is revoked pursuant to section 322.264, Florida Statutes (2009). The Legislature clearly defined "driver's license" as a certificate authorizing an individual to drive, see § 322.01(17), Fla. Stat. (2009), and "revocation" is defined as the termination of a licensee's privilege to drive. See § 322.01(36), Fla....

...See § 322.39, Fla. Stat. (2009). "Driver's license" is defined as "a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in 49 U.S.C. s. 30301." § 322.01(17), Fla....

..."One of the most fundamental principles of Florida law is that penal statutes must be strictly construed according to their letter." Perkins v. State, 576 So.2d 1310, 1312 (Fla.1991). "Revocation" is "the termination of a licensee's privilege to drive." § 322.01(36), Fla....

...Although certain provisions in chapter 322 contain the term "driving privilege," the provisions that pertain to cases like the present case refer only to a "driver's license," [6] "a certificate that . . . authorizes an individual to drive a motor vehicle." § 322.01(17), Fla....

...322.27(2) ]_[322.28(2) ] [322.28(4) ]. b. At the time, [he][she] did not have a driver’s license. 3. As a result of the careless or negligent operation, (defendant) caused [the death of (victim) ] [serious bodily injury to (victim) ]. Definitions. § 322.01(27), Fla....

...“Careless” means failing to operate a motor vehicle in a careful and prudent manner under the circumstances, so as to endanger life, limb, or property. “Negligent” means the failure to use reasonable care under the circumstances. Give as applicable. § 322.01 (j0), Fla. Stat. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01(36), Fla. Stat. “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(5), Fla....

...meters. Section 322.03(1) of the Florida Statutes provides that "... a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license ...," and the definition of a "motor vehicle" is found in both § 322.01(26) and § 316.003(21). Section 322.01(26) defines a motor vehicle as: ......

...nation of human power and an electric helper motor rated at not more than 200 watts and incapable of propelling the vehicle at a speed of not more than 10 m.p.h. on level ground. In view of the foregoing, the "goped" is a motor vehicle as defined in § 322.01(26)....

...ic centimeters. The "go-ped" is not a moped as defined under § 316.003(77), as it has no pedals to permit propulsion by human power, and has no seat or saddle. Based on the foregoing, it is clear that the "go-ped" is a "motor vehicle" as defined in § 322.01(26) and § 316.003(21), and that neither the motorized wheelchair, motorized bicycle, bicycle or moped exceptions apply....

...Golden, Assistant Attorney General, Daytona Beach, for Appellee. PLEUS, C.J. Kevin Galston appeals his conviction for driving while his license was permanently revoked, in violation of section 322.341, Florida Statutes (2005). He argues that because he was not driving on a "highway" as defined in section 322.01(38), Florida Statutes (2005), the trial court erred both in the denials of his motions to dismiss and for judgment of acquittal....

...On appeal, Galston argues that the trial court erred by denying his motion to dismiss because the court erroneously relied on the definition of the term "highway" contained in section 633.021(12), Florida Statutes (2005). Galston argues that the correct definition of the term "highway" is contained in section 322.01(38), Florida Statutes (2005)....

...ion 633.021(12), Florida Statutes (2005), and found that the area was a highway that was temporarily closed for construction. This was error because section 633.021(12) does not apply. The term "highway" in section 322.341 is specifically defined in section 322.01(38)....

...s allegation that the area was closed to the public or allege additional facts showing that the area was open to the public. Kalogeropolous. The definition of the term "highway" in section 633.021(12) is significantly different from the one found in section 322.01(38)....

...slature expressly limited its use to the term "highway" "as used in this chapter, " meaning Chapter 633. § 633.021, Fla. Stat. (2004) (emphasis added). In similar fashion, the Legislature expressly directed that the definition of "highway" found in section 322.01(38) shall be used to define the term "highway" as used in section 322.341. Thus, the Legislature expressly prohibited the use of the definition in section 633.021(12) to define the term "highway" in section 322.341. Even if the definition in section 322.01(38) was ambiguous or incomplete, the rule of lenity precludes the trial court's application of the section 633.021(12) definition. Any ambiguity in a criminal statute must be construed in favor of the defendant. § 775.021(1), Fla. Stat. (2006). In essence, the trial court added language from section 633.021(12) to the *972 definition in section 322.01(38)....

...In Tucker, the appellate court reversed the dismissal of a felony driving while license suspended charge. The defendant argued that he had not committed a crime because he was in a private parking lot. The appellate court disagreed, noting that prior cases had held that the definition of the term "highway" in section 322.01(38) included parking lots open to public use by vehicles even though they were private....

...5th DCA 1994), as authority to allow it to modify the standard instruction on the definition of the term "highway." Lopez did not involve a jury instruction, nor does it support the trial court's definition. Instead, Lopez simply held that the definition of the term "highway" found in section 322.01(38) included parking lots in "malls, industrial parks and similar areas" because those areas were "heavily traveled" and "open to the public" even though they were privately owned. Id. at 1151. Thus, Lopez did not expand the definition in section 322.01(38)....

...on. Fla. Stat. § 322.27(5) (1997); see Lord v. Davis, 288 So.2d 260, 261 (Fla. 1st DCA 1974) (holding that habitual traffic offender not entitled to have driving privileges restored until expiration of five year revocation period). Florida Statutes section 322.01(35)(1997) defines revocation as "the termination of a licensee's privilege to drive." Cf. Fla. Stat. § 322.01(39) (1997) (defining suspension as "the temporary withdrawal of a licensee's privilege to drive a motor vehicle.") After the revocation period expires, the defendant must petition the Department of Highway Safety and Motor Vehicles for rest...

...Inman was driving a seated, two-wheeled, battery-powered electric vehicle on a public street when he was ticketed for driving with a suspended or revoked license. He moved to dismiss the charge, arguing that the vehicle was not a motor vehicle as defined in section 322.01(26) and, therefore, he was not required to have a driver's license....

..."Motor vehicle" is defined for the purposes of chapter 322 as: any self-propelled vehicle, including a motor vehicle combination, [2] not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. § 322.01(26)....

...ed propulsion, the vehicle falls outside the definition of motorized bicycle. Id. Because the vehicle is self-propelled, is not operated upon rails or a guideway, and does not fall within any of the exclusions (including motorized bicycle) listed in section 322.01(26), it is by definition a motor vehicle under this subsection....

...eable storage batteries, fuel cells, or other sources of electric current. (Emphasis added.) This definition applies to the entire Florida Statutes except as otherwise provided, § 320.01, and there is no separate definition of "electric vehicle" in section 322.01. Inman argues that even though the type of vehicle he was driving is not listed as an exception to "motor vehicle" in section 322.01(26), it is a new item that the Legislature has not yet categorized....

...r vehicle." However, to be excluded from the definition of "motor vehicle," Inman's vehicle would have to be explicitly included in the list of excluded vehicles. Because it is not, the vehicle falls within the definition of "motor vehicle" found in section 322.01(26)....

...Inman also argues that his vehicle has many attributes of a motorized bicycle. While this may be true, it nevertheless fails to meet the definition of "motorized bicycle" for the reason described above. As such, it does not fall within the exception for motorized bicycles in section 322.01(26)....

...ALTENBERND and KELLY, JJ., Concur. NOTES [1] There appear to be no Florida cases addressing the specific type of vehicle at issue here. [2] A "motor vehicle combination" refers to a "motor vehicle operated in conjunction with one or more other vehicles," § 322.01(27), and is therefore not relevant in this case.

...The statutes regulating driver's licenses have been amended since Marshall. See Ch. 89-282, § 3, at 1665, Laws of Fla. As noted by the Fifth District in State v. Bostick, 751 So.2d 780 (Fla. 5th DCA 2000), which was issued after the trial court's ruling in this case, section 322.01(15), Florida Statutes (1999) now includes the following definition for the term "drive": "[a]s used in this chapter... `[d]rive' means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic." According to the plain language of this provision, the definition of "drive" in section 322.01(15) applies to section 322.34....

...Section 322.34(5) provides that any person whose driver's license has been revoked as a habitual offender and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree. "Street or highway" is defined in section 322.01(38) as "the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic." This definition has been held to include parking lots that are open to public use by vehicles, even though such parking lots may be privately owned....

...nable doubt: 1. (Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, [he][she] did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida. Definitions. § 322.014154(16), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.01(26)(27), Fla....

...solely by human power, motorized wheelchair or motorized bicycle. “Valid driver’s license” means a driver’s license recognized by the Department of Highway Safety and Motor Vehicles which has not expired, been suspended, revoked or canceled. § 322.014384(39), Fla....

...“Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. Optional Definitions. “Expired” means the license was not renewed on or before the expiration date. § 322.014364(40), Fla. Stat. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.014364(36), Fla. Stat. “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(5), Fla....

...(Defendant) drove a commercial motor vehicle upon a highway in this state. 2. At the time, the defendant did not have a valid commercial driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida. Definitions. § 322.0105)(16), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.0109)(27), Fla. Stat. “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchairs or motorized bicycles. § 322.01(8), Fla....

...Has a gross vehicle weight rating of 26,001 pounds or more; b. Is designed to transport more than 15 persons, including the driver, or; c. Is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F. § 322.01(7), Fla....

...Stat. “Valid commercial driver’s license” means a Class A, Class B, or Class C driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida which has not expired, been suspended, revoked or canceled. § 322.0108)(39), Fla....

...“Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. Optional Definitions. “Expired” means the license was not renewed on or before the expiration date. § 322.0109)(Júf Fla. Stat. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.0109)(36), Fla. Stat. *698 “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(5), Fla....

...(Defendant) drove a motor vehicle upon a highway in this state. 2. The license was restricted by the Department of Highway Safety and Motor Vehicles of this state. 3. The restriction was noted upon the license. 4. The defendant operated the motor vehicle in violation of the restriction. Definitions._ § 322.01{2S)(27X_ Fla....

...ndant) knew [his][her] license was [suspended] [revoked] [canceled]. This presumption, however, is rebutta-ble, and you may accept or reject the presumption depending upon the circumstances of the crime and the facts presented at trial. Definitions. § 322.01(15), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.01(24X27), Fla. Stat. “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle. § 322.0108X39), Fla....

...“Notice” means personal delivery or deposit in the United States mail, first class, postage prepaid, addressed to the defendant at [his][her] last known address furnished to the Department of Highway Safety and Motor Vehicles. Mailing by the department shall constitute notification. Optional Definitions. § 322.0109)00] Fla. Stat. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.0105)06), Fla. Stat. “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(5), Fla....

...To prove the crime of Driving While License Revoked as a Habitual Traffic Offender, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, (defendant’s) license was revoked as a habitual traffic offender. Definitions. § 322.01^(16), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.01{26)(27), Fla....

...“Habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that [he][she] has been designated a Habitual Traffic Offender, resulting in [his][her] privilege to drive a motor vehicle having been revoked. § 322.014§5)(36), Fla....

...r state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. § 322.01(10), Fla....

...Section 322.03(1), Florida Statutes (2001), provides: Driver must be licensed; penalties (1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter. (emphasis added). Section 322.01(26), Florida Statutes (2001), defines "motor vehicle" as follows: "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s....

...c provisions providing for the operation or rental of motorcycles and mopeds by those with restricted licenses. Id. This court then held that because a moped is a "self-propelled vehicle" and is not excluded from the definition of a motor vehicle in section 322.01(26), that driving a moped requires a license....

...In this case, many of the arguments raised by appellee were rejected by the court in Soto. Although the constitutionality of section 322.34 was not raised in Soto, this court, in affirming Soto's conviction, held that driving a moped requires a license because a moped is not excluded from the definition of a motor vehicle in section 322.01(26)....

...(d) Driving a motor vehicle while his or her license is suspended or revoked .... Section 316.193 and the other earlier statutory provisions referred to in subsection (1)(b) of section 322.264 relate to driving under the influence. The definition of conviction under chapter 322 is found in section 322.01(10), which provides: "Conviction" means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s....

...The dispositive question presented to the trial court was whether an offense of driving with a suspended license for which a nolo contendere plea was entered and adjudication was withheld is a conviction under the provisions set forth in section *605 322.264 and section 322.01(10). Raulerson, in its explicit interpretation of the definition of conviction in section 322.01(10), provides a clear answer to this question....

...hallenge to section 322.34(1) is the assumption that no `conviction' results in a DWLCSR case when the trial court withholds adjudication." Id. In deciding Raulerson, the court was thus required to determine whether the definition of "conviction" in section 322.01(10) includes dispositions in which adjudication was withheld....

...urposes of section 322.34(1), Florida Statutes (1995), include both adjudicated DWLCSR offenses and DWLCSR offenses in which adjudication is withheld." In reaching this conclusion, the court stated that the focus of the definition of "conviction" in section 322.01(10) "`is whether an offense was committed and not on the judicial decision of whether to impose or withhold adjudication.'" Id....

...ircuit court in the order under review. *606 The Raulerson court did recognize that the disposition of noncriminal traffic infractions pursuant to the process established in section 318.14(10), does not result in a conviction under the definition in section 322.01(10)....

...chapter 322 dispositions involving an adjudication withheld are convictions: "`The adoption of subsection (11) [of section 318.14] evidences the legislative intent that all dispositions of driving under suspension charges amount to convictions under section 322.01(10), unless adjudication has been withheld pursuant to the procedures of section 318.14(10)....'" Raulerson, 763 So.2d at 293-94 (quoting Keirn, 720 So.2d at 1090)....

...2d DCA 2009) (applying to juvenile proceedings section 322.056(1)(a)(1), Florida Statutes (2007), which requires revocation of the driver’s license of a person under 18 years of age who is found guilty of or delinquent for certain crimes). We reject the State’s argument that, under section 322.01(ll)(a), Florida Statutes (2008), an adjudication of delinquency constitutes a “conviction.” Section 322.01(ll)(a) provides as follows: “Conviction” means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, includin...

...traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. The State’s argument is not persuasive for two reasons. First, section 322.01(ll)(a) expressly applies to the use *235 of the term in chapter 322, not chapter 316. Chapter 322 is entitled “Drivers’ Licenses,” and section 322.01 sets forth definitions “[a]s used in this chapter.” In fact, the legislature has clearly explained that adjudications of delinquency do not constitute convictions “[ejxcept as the term ‘conviction’ is used in chapter 322” and except for use in subsequent proceedings under chapter 985. § 985.35(6). Second, section 322.01(ll)(a) does not contain a clear legislative mandate that it apply to juvenile proceedings....

The term “driver’s license” is defined by section 322.01(17) as “a certificate that, subject to all

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...l or steer a vessel being towed by another vessel upon the waters of the state. - 40 -  Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001). Impaired means diminished in some material respect. § 322.01(2), Fla....

...vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001). Impaired means diminished in some material respect. § 322.01(2), Fla....

...vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001). Impaired means diminished in some material respect. § 322.01(2), Fla....

...vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001). Impaired means diminished in some material respect. § 322.01(2), Fla....

...le traffic laws to include: The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic. § 316.003(53)(a), Fla. Stat. (2007); see also § 322.01(38), Fla....

...bicycles. “Actual physical control of a vehicle” means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...steer a vessel being towed by another vessel upon the waters of the state. - 11 -  Shaw v. State, 783 So. 2d 1097 (Fla. 5th DCA 2001). Impaired means diminished in some material respect. § 322.01(2), Fla....

...or drawn upon a highway... ."); § 627.732(1), Fla. Stat. (1985) (under Florida no-fault law, motor vehicle means "any self-propelled vehicle with four or more wheels which is of a type of design and required for use on highways of this state ..."); § 322.01, Fla....

...se. The trial court denied Appellant's motion. Florida law makes it illegal for a person with a suspended, canceled or revoked license to drive a motor vehicle on the highways of the state. § 322.34(2), Fla. Stat. (2009). "Highway" is defined under section 322.01(39), Florida Statutes, as: As used in this Chapter: .......

...nceled, suspended, or revoked, upon: .... (b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 322.34, Fla. Stat. (2016) (emphases added); see § 322.01(5), (17), (36), (40), Fla....

Title49 C.F.R. part 172, subpart F.2 (e.s.) Section 322.01(36), F.S., states that a "[s]chool bus" is

...Section 322.264, Florida Statutes, defines a habitual traffic offender as a person who has accumulated a combination of specified offenses. 1 The Legislature defined driver license as “a certificate that, subject to all other requirements of law, authorizes an individual to drive.” § 322.01(17), Fla....

...vehicles are no longer applicable to "motorized scooters," the provisions of other chapters that do not exempt "motorized scooters" from the definition of motor vehicles may be applicable. For example, the definition of "motor vehicle" contained in section 322.01 (26), Florida Statutes, for purposes of that chapter relating to driver's licenses, has not been amended and still defines "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails o...

...person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter." Since a motorized scooter still falls within the definition of "motor vehicle" as provided in section 322.01 (26), section 322.03 would appear to prohibit a person from driving such a vehicle on the highways of this state unless licensed....

...Stat., defining "Motorized scooter" as "[a]ny vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground." 2 See , s. 322.01 (38), Fla....

...2d DCA 2009) (applying to juvenile proceedings section 322.056(1)(a)(1), Florida Statutes (2007), which requires revocation of the driver's license of a person under 18 years of age who is found guilty of or delinquent for certain crimes). We reject the State's argument that, under section 322.01(11)(a), Florida Statutes (2008), an adjudication of delinquency constitutes a "conviction." Section 322.01(11)(a) provides as follows: "Conviction" means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. The State's argument is not persuasive for two reasons. First, section 322.01(11)(a) expressly applies to the use *235 of the term in chapter 322, not chapter 316. Chapter 322 is entitled "Drivers' Licenses," and section 322.01 sets forth definitions "[a]s used in this chapter." In fact, the legislature has clearly explained that adjudications of delinquency do not constitute convictions "[e]xcept as the term `conviction' is used in chapter 322" and except for use in subsequent proceedings under chapter 985. § 985.35(6). Second, section 322.01(11)(a) does not contain a clear legislative mandate that it apply to juvenile proceedings....

Definitions. Give if applicable. § 322.01(15), Fla. Stat. “Drive” means to operate

...Manchado claimed that the mini pocket motorcycle had "an engine displacement that does not exceed 50 cubic centimeters" and "a top speed that does not exceed 30 miles per hours on level ground." Thus, it was not a motor vehicle within the meaning of section 322.01, and he was not required to have a driver's license while operating it....

...4th DCA 1998). Section 322.03(1) states, "[E]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter." Section 322.01(26) defines a "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s....

...316.003." A motorized bicycle is defined, in part, as a vehicle not capable of exceeding a speed of twenty miles per hour. § 316.003(2), Fla. Stat. A motorcycle is defined, in part, as "a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters. . . ." § 322.01(25), Fla....

...The vehicle at issue falls within the definition of a motor vehicle in chapter 322 as it is self-propelled, not operated upon rails or guideway, and does not fall within any of the exclusions as it is not moved solely by human power nor is it a motorized wheelchair. § 322.01(26), Fla....

...Stat. Moreover, the Legislature defined “driver license” to mean “a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C. s. 30301.” § 322.01(17), Fla....

...New subdivision (w) of the rule contains the definition of “victim” found in article I, section 16(e) 1. See Fla. R. Jud. Admin. 2.140(e)(1). 2. See art. V, § 2(a), Fla. Const. of the Florida Constitution. The other new subdivisions contain various statutory definitions found in section 322.01, Florida Statutes (2019), including a definition recently added by chapter 2019-167, section 8, Laws of Florida, which became effective October 1, 2019....

...(Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, The defendant [he] [she] did not have a valid operator’s or chauffeur’s driver’s license issued recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida. Definitions. § 322.01(15), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. ■§§-3-16.003(2),-&-316,003(21) § 322.01(26), Fla....

...& “Valid operator’s or — chauffeur’s driver’s license” is means a operator’s or chauffeur’s driver’s license received from recognized by the department Department of Highway Safety and Motor Vehicles which has not expired, been suspended, revoked or canceled. § 322.01(40)(38), Fla....

...every way or place publicly — maintained--when if any part thereof is open to the use of the public for purposes of vehicular travel-traffic. Optional Definitions. L “Expired” means the license was not renewed on or before the expiration date. § 322.01(42)(a)(39), Fla. Stat. 2, “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01 (12)(b)(35), Fla. Stat. 3* “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(42)(c)(5), Fla....

...dant) drove a commercial motor vehicle upon a highway in this state. 2. At the time, the defendant did not have a valid commercial driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida. Definitions. § 322.01(15), Fla....

...public for purposes of vehicular traffic. § 822.01(26), Fla. Stat. “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchairs or motorized bicycles. § 322.01(8), Fla....

...“Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. Optional Definitions. “Expired” means the license was not renewed on or before the expiration date. § 322.01(39), Fla. Stat. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01(35), Fla. Stat. “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(5), Fla....

...dant) knew [his] [her] license was [suspended] [revoked] [canceled]. This presumption, however, is rebutta-ble, and you may accept or reject the presumption depending upon the circumstances of the crime and the facts presented at trial. Definitions. § 322.01(15), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.01{2)(26), Fla....

...le-which is propelled by electric power obtained from overhead trolley wires-but not operated upon rails) excluding any bicycle but including any “moped” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle. § 322.01[1Q)(38), Fla....

...tified mail, first class, postage prepaid, addressed to the defendant at [his] [her] last known address furnished to the Department of Highway Safety and Motor Vehicles. Mailing by the department shall constitute notification. Optional Definitions._ § 322.01(12)(a)(39), Fla. Stat. ⅛ “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01(12)-(b)(35), Fla. Stat. 2NRevoked” means the privilege to drive a motor vehicle has been terminated. § 322S1 (12)44322.01 (5), Fla....

...To prove the crime of Driving While License Revoked as a Habitual Traffic Offender, the State must prove the following two elements beyond a reasonable doubt: L (Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, (defendant’s) license was revoked as a habitual traffic offender. Definitions. § 322.01(15), Fla....

...l public for purposes of vehicular traffic. § 822.01(26), Fla. Stat. “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle. § 322.01(38), Fla....

...“Habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety an Motor Vehicles, shows that [he] [she] has been designated a Habitual Traffic Offender, resulting in [his] [her] privilege to drive a motor vehicle having been revoked. § 322.01(35), Fla....

...After the ruling in Marshall , relied upon below, the legislature passed a new law which brought the suspended license drivers in fine with the DUI drivers and defined one who drives a vehicle as one who “operate[s] or ... [is] in actual physical control ...” § 322.01(15), Fla....

...les of Florida law is that penal statutes must be strictly construed according to their letter.” Perkins v. State, 576 So. 2d 1310, 1312 (Fla. 1991). “Revocation” is “the termination of a licensee’s privilege to drive.” § 322.01(36), Fla....

definition of "motor vehicle" contained in section 322.01(26), Florida Statutes, for purposes of that

by us. The Restatement (Second) of Contracts, § 322(1), provides that “[U]nless the circumstances indicate

...-4- §§ 322.03, .04. Absent an exception, driving a car without a valid driver's license is a misdemeanor of the second degree. See §§ 322.03(1), .39. The term "driver's license" is defined by section 322.01(17) as "a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in 49 U.S.C....

...statute "refer[s] only to a 'driver's license,' 'a certificate that . . . authorizes an individual to drive a motor vehicle.' " and that "[i]t ' "is a firmly established rule that '[c]ourts must apply a statute as they find it" ' " (footnote omitted) (citation omitted) (quoting § 322.01(17), Fla. Stat. (2009), and Guilder v. State, 899 So. 2d 412, 419 (Fla. 4th DCA 2005))); see also § 322.01(36) (defining the term "revocation" for the purposes of chapter 322 as applying only to "the termination of a licensee's privilege to drive" (emphasis added)). We see no ambiguity in section 322.34(5) and, for that reason,...

...nd driving privilege to mean the same thing, the correct conclusion would be that the term "driving privilege" refers to the right to drive conveyed by a certificate authorizing one to do so. The legislature defined the term "driver's license" in section 322.01(17) as a certificate authorizing a person to drive, and it stated that the term would carry that meaning throughout chapter 322. See § 322.01 (stating that defined terms carry their specified meanings "[a]s used in this chapter")....

...tual offender, . . . and such person is not eligible to be relicensed for a minimum of 5 years." § 322.27(5), Fla. Stat. (2013) (emphasis added). The statutory definition of revocation refers to "the termination of a licensee's privilege to drive." § 322.01(36), Fla....

...bicycles. “Actual physical control of a vehicle” means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...bicycles. Actual physical control of a vehicle means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. § 322.01(2), Fla....

...than a Florida ID card, references to the former will generally include the latter for convenience. In addition, references will be to a “driver license,” the phrase used in Florida Statutes, rather than the colloquial “driver’s license.” See § 322.01(18), Fla....

...bear an identifier notifying those who view the passport that the holder is a convicted sex offender). A Florida driver license is “a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle.” § 322.01(17), Fla....

...authorized representative of the department. § 322.15(1), Fla. Stat. (emphasis added). As such, when the driver license was tendered by the State into Crist’s possession, the license retains its character as a government “certificate,” see § 322.01, Fla....

...For purposes of chapter 322, Florida Statutes, a “motor vehicle” is defined as: any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in section 316.003. § 322.01(26), Fla....

...(c) A party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides.... § 322.2615(6)(a)-(c), Fla. Stat. (2007) (emphasis added); see also § 322.01(13), Fla....

definitions of “motor vehicle” and “vehicle.” § 322.01(26) & (42), Fla. Stat. In the schedule of lesser

...to drive in the state. See Department History, Fla. Highway Safety & Motor Vehicles, https://www.flhsmv.gov/about/department-history/ (last visited Aug. 11, 2025) (explaining that Florida first required licenses in 1939 and imposed testing in 1941); § 322.01(18), Fla. Stat....

...the holder is a convicted sex offender). 48  More specifically, a Florida driver license is “a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle.” § 322.01(17), Fla....

...ed representative of the department. § 322.15(1), Fla. Stat. (emphasis added). As such, although the driver license is tendered by the State into Crist’s possession, the license retains its character as a government “certificate,” see § 322.01(17), Fla....

...Florida caselaw that the sexual predator designation on Crist’s include the latter for convenience. In addition, references will be to a “driver license,” the phrase used in Florida Statutes, rather than the colloquial “driver’s license.” See § 322.01(18), Fla....

...reinstated, and in fact reflects that a drug-related revocation is still in effect. Because Johnson never got a valid license following his revocation, his driving privilege remains revoked. See State v. Green, 747 So. 2d 1007, 1008 (Fla. 3d DCA 1999) (“Florida Statutes section 322.01(35)(1997) defines revocation as ‘the termination of a licensee’s privilege to drive.’ ....

...est he was “allegedly riding a bicycle.” The motion further asserted that Seward was not required to have a valid driver’s license because, although an individual is prohibited from driving a motor vehicle with a revoked driver’s license, section 322.01(27), Florida Statutes (2014), excluded motorized bicycles from the definition of “motor vehicle.” The State filed a traverse specifically denying that Seward was riding a bicycle. The traverse additionally recited that in...

...raveling under Gas Power at a speed in excess of 30 M.P.H.” In the legal argument that was included in the traverse, the State correctly observed that the exclusion of motorized bicycles from the definition of “motor vehicle” under section 322.01(27)2 applied only if the motorized bicycle fell within the definition of motorized bicycle set forth in section 316.003, Florida Statutes (2014). 2 “Motor vehicle” is defined in section 322.01(27) as: [A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized...

ATV does not qualify as a motor vehicle under section 322.01(26), Florida Statutes (1995), and therefore

...Stat., for the definition of "[t]ransportation disadvantaged". 4 See , s. 411.202 (8), Fla. Stat., defining a "[h]andicapped child" and s. 411.202 (9), Fla. Stat., for a definition of a "[h]igh risk child" or "at-risk child". 5 Section 316.615 (1)(b), Fla. Stat. 6 Section 322.01 (36), Fla....