Florida Statute 322.0261 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course.—

(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following:

(a) A crash involving death or a bodily injury requiring transport to a medical facility;

(b) A second crash by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500; or

(2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(a) or paragraph (1)(b), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The department shall include in the course curriculum instruction specifically addressing the rights of vulnerable road users as defined in s. 316.027 relative to vehicles on the roadway. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(3) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(c), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The course must include behind-the-wheel instruction and an assessment of the operator’s ability to safely operate a motor vehicle. Successful completion of a behind-the-wheel examination is required in order to receive completion credit for the course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(4)(a) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(b) Any operator who receives a traffic citation for a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or s. 316.192, for which the court withholds adjudication, is not required to attend a driver improvement course, unless the court finds that the nature or severity of the violation is such that attendance to a driver improvement course is necessary. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(c) Any operator who receives a traffic citation for a violation of s. 316.172, for which the court withholds adjudication, is required to attend a driver improvement course. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(5) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, crash avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.

History.—s. 27, ch. 90-119; s. 72, ch. 94-306; s. 280, ch. 99-248; s. 5, ch. 2005-194; s. 3, ch. 2009-138; s. 9, ch. 2009-183; s. 12, ch. 2010-198; s. 3, ch. 2014-225; s. 5, ch. 2022-180.

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Amendments to 322.0261

Annotations, Discussions, Cases:

Cases Citing Statute 322.0261

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The 2025 Florida Statutes

Annotations, Discussions, Cases:

Cases Citing Statute 322.0261

Filmon v. State, 336 So. 2d 586 (Fla. 1976).

State v. Mitchell, 245 So. 2d 618 (Fla. 1971).

Gillman v. State, 373 So. 2d 935 (Fla. 2d DCA 1979).

State v. Gillman, 390 So. 2d 62 (Fla. 1980).

State v. Hoch, 500 So. 2d 597 (Fla. 3d DCA 1986).

Sambrine v. State, 386 So. 2d 546 (Fla. 1980).

State v. Slaney, 653 So. 2d 422 (Fla. 3d DCA 1995).

Davidson v. MacKinnon, 656 So. 2d 223 (Fla. 5th DCA 1995).

Grala v. State, 414 So. 2d 621 (Fla. 3d DCA 1982).

State v. Riggins, 348 So. 2d 1209 (Fla. 4th DCA 1977).

State v. Williams, 417 So. 2d 755 (Fla. 5th DCA 1982).

State v. Kliphouse, 771 So. 2d 16 (Fla. 4th DCA 2000).

Johnson v. Florida Farm Bureau Cas. Ins. Co., 542 So. 2d 367 (Fla. 4th DCA 1988).

State v. Young, 483 So. 2d 31 (Fla. 5th DCA 1985).

State v. Gunn, 408 So. 2d 647 (Fla. 4th DCA 1981).

Campbell v. State, 423 So. 2d 488 (Fla. 1st DCA 1982).

State v. Reisner, 584 So. 2d 141 (Fla. 5th DCA 1991).

Pardo v. State, 429 So. 2d 1313 (Fla. 5th DCA 1983).

State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984).

State v. Geiss, 70 So. 3d 642 (Fla. 5th DCA 2011).

Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979).

State v. Burke, 599 So. 2d 1339 (Fla. 1st DCA 1992).

Duval Motor Co. v. Woodward, 419 So. 2d 303 (Fla. 1982).

Smith v. State, 378 So. 2d 281 (Fla. 1979).

McDonald v. State, 364 So. 2d 1241 (Fla. 2d DCA 1978).

Grant v. Brown, 429 So. 2d 1229 (Fla. 5th DCA 1983).

Drury v. Harding, 443 So. 2d 360 (Fla. 1st DCA 1983).

State v. Duke, 378 So. 2d 96 (Fla. 2d DCA 1979).

Nelson v. State, 508 So. 2d 48 (Fla. 4th DCA 1987).

State v. Rivas-Marmol, 679 So. 2d 808 (Fla. 3d DCA 1996).

State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989).

Kujawa v. State, 405 So. 2d 251 (Fla. 3d DCA 1981).

Davis v. Smith, 227 So. 2d 342 (Fla. 4th DCA 1969).

Gagel v. Cornelius, 380 So. 2d 1333 (Fla. 5th DCA 1980).

State v. Pagach, 442 So. 2d 331 (Fla. 2d DCA 1983).

Lytwyn v. State, 353 So. 2d 222 (Fla. 1st DCA 1977).

State v. Ducksworth, 408 So. 2d 589 (Fla. 2d DCA 1981).

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018).

State v. Rafferty, 405 So. 2d 1004 (Fla. Dist. Ct. App. 1981).

Ago (Fla. Att'y Gen. 1995).

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts, 608 So. 2d 451 (Fla. 1992).

State v. Counts, 457 So. 2d 568 (Fla. Dist. Ct. App. 1984).

Brooks v. Town of Orange Park, 286 So. 2d 593 (Fla. Dist. Ct. App. 1973).

State v. Lee, 422 So. 2d 76 (Fla. 2d DCA 1982).

Allen v. State, 314 So. 2d 154 (Fla. Dist. Ct. App. 1975).

Strong v. State, 465 So. 2d 549 (Fla. 3d DCA 1985).

State, Dep't of High. Saf. & Motor Vehs. v. Bell, 505 So. 2d 472 (Fla. Dist. Ct. App. 1987).

Vernon v. State, 558 So. 2d 535 (Fla. Dist. Ct. App. 1990).

State v. Langsford, 816 So. 2d 136 (Fla. 4th DCA 2002).

Ago (Fla. Att'y Gen. 1982).

Shores v. State, 233 So. 2d 434 (Fla. Dist. Ct. App. 1970).

Richwagon v. State, 466 So. 2d 10 (Fla. Dist. Ct. App. 1985).

Massey v. City of Gainesville, 296 So. 2d 64 (Fla. Dist. Ct. App. 1974).

Akins v. State, 249 So. 2d 778 (Fla. Dist. Ct. App. 1971).

State v. Demarzo, 453 So. 2d 850 (Fla. Dist. Ct. App. 1984).

Perryman v. State, 242 So. 2d 762 (Fla. Dist. Ct. App. 1971).

Ratliff v. State, 256 So. 2d 262 (Fla. Dist. Ct. App. 1972).

Ago (Fla. Att'y Gen. 1979).

Solomon v. State, 538 So. 2d 931 (Fla. Dist. Ct. App. 1989).

Ago (Fla. Att'y Gen. 1974).

Brown v. State, 412 So. 2d 22 (Fla. 2d DCA 1982).

State v. Demoya, 380 So. 2d 505 (Fla. Dist. Ct. App. 1980).

Woodward v. Duval Motor Co., 391 So. 2d 700 (Fla. 3d DCA 1980).

Barrentine v. Makely, 406 So. 2d 1237 (Fla. Dist. Ct. App. 1981).

State v. Smith, 241 So. 2d 728 (Fla. Dist. Ct. App. 1970).

Galloway v. State, 305 So. 2d 278 (Fla. Dist. Ct. App. 1974).

Dawson v. State, 266 So. 2d 116 (Fla. 3d DCA 1972).

Florida Bar, 530 So. 2d 274 (Fla. 1988).

Florida Bar, 536 So. 2d 181 (Fla. 1988).

Ago (Fla. Att'y Gen. 1974).

Filmon v. State, 311 So. 2d 821 (Fla. Dist. Ct. App. 1975).