CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 10766
...Marie King, Assistant State Attorney, Clearwater, for Petitioner. M.D., pro se. PER CURIAM. The State petitions this court for certiorari and mandamus relief from the juvenile trial court's decision to defer disposition in a delinquency case in order, it alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires trial courts to direct that the driving privileges of offenders under 18 years of age be suspended if they have been found guilty of or delinquent for a violation of certain offenses....
...At the hearing, he signed a plea form which the trial court endorsed indicating acceptance of the plea. Disposition was deferred until May 11, 1998, which falls five days after M.D.'s eighteenth birthday. At that time he will no longer be subject to the mandatory suspension of his driving privileges required by section 322.056(1)....
...d not apply to M.D. after he reaches the age of 18 because he was not prosecuted as an adult. By arranging for his dispositional hearing just days after his eighteenth birthday, the trial court has created a small window between sections
322.055 and
322.056, Florida Statutes (1995), which allows M.D....
...ty and Motor Vehicles to suspend his driving privileges. Therefore, the failure to do so constitutes a departure from the essential requirements of law, for which the State has no remedy on direct appeal, as M.D. will have escaped the application of section 322.056(1) were the State to wait to appeal the disposition which has been deferred until after his eighteenth birthday....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 63946
...y other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056. Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s....
...e might get the attention of R.N. and other juveniles. Perhaps the inconvenience will act as a reminder to avoid illegal acts in the future. We find no merit in R.N.'s argument that the trial court's failure to adjudicate him as a delinquent renders section 322.056 inapplicable....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 674324
...Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellant. J.V.W., a child, Appellee, pro se. SALCINES, Judge. The State appeals the juvenile court's failure to order the suspension of the driver's license of J.V.W., pursuant to section 322.056, Florida Statutes (1997)....
...The juvenile court's ruling, while done in good faith, was erroneous. The acceptance of the no contest plea constituted a finding of delinquency. See State v. R.N.,
597 So.2d 862 (Fla. 5th DCA 1992). The withholding of adjudication was not the equivalent of a not guilty finding. The requirements of section
322.056(1) are mandatory, even when a no contest plea has been entered and adjudication has been withheld. See id. at 863; see also State v. M.D.,
706 So.2d 41 (Fla. 2d DCA 1998). Accordingly, we reverse the disposition order and remand with directions that J.V.W.'s driver's license be suspended in accordance with the requirements of section
322.056....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 66939
...Vickers, Assistant Attorney General, Tampa, for Appellee. BLUE, Judge. C.B. challenges the order adjudicating him delinquent and committing him to the Department of Juvenile Justice. Because the trial court failed to follow the requirements of sections 39.052(4) and 322.056, Florida Statutes (1995), we reverse and remand for a new disposition hearing....
...C.B. argues that, in addition to not complying with section 39.052(4), the trial court lacked the authority to suspend his driver's license for a period of eighteen months. The record does not support a suspension for any longer than six months. See § 322.056, Fla....
...Accordingly, we reverse and remand for a new disposition hearing. At the hearing, the court may reimpose the adjudication and commitment if it strictly follows the provisions of section 39.052(4) and also may direct the Department to suspend C.B.'s driving privileges pursuant to section 322.056....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1580386
...ppellant. No Appearance for Appellee. PATTERSON, Chief Judge. The State appeals from the trial court's order withholding adjudication of delinquency because the trial court failed to suspend R.D.H.'s driver's license, contrary to the requirements of section
322.056(1), Florida Statutes (1997). R.D.H. entered a no contest plea to the delinquent act of possession of marijuana, a violation of section
893.13, Florida Statutes (1997), and an enumerated offense under section
322.056(1). The trial court accepted the plea, withheld adjudication, and directed that R.D.H. complete the Juvenile Arbitration Drug Court Program. This court has held that even when the trial court accepts a no contest plea and withholds adjudication, section
322.056(1) mandates that the trial court suspend the juvenile's driver's license. See State v. J.V.W.,
739 So.2d 173 (Fla. 2d DCA 1999). Thus, we reverse the trial court's order and remand for the trial court to suspend R.D.H.'s license in accordance with the requirements of section
322.056(1)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2283
...pleaded no contest in several cases, including one involving possession of marijuana. See §
893.13(6)(b), Fla. Stat. (2007). The trial court withheld adjudication and placed S.S. on probation. The State asked the trial court to impose the mandatory license suspension. See §
322.056(1), Fla. Stat. (2007). The trial court refused to do so, implying that the sanction was not required when adjudication was withheld. Section
322.056(1) mandates suspension when a no contest plea is entered, adjudication is withheld, and the underlying offense is one enumerated under the statute — as is section
893.13....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 9347
...The State correctly asserts that the disposition was illegal because the juvenile court refused to comply with the statutory requirements concerning the revocation of K.R.G.’s driver’s license. See State v. S.S.,
8 So.3d 425 (Fla. 2d DCA 2009). The juvenile court did not have discretion to forego the dictates of section
322.056(l)(a)(l), Florida Statutes (2007), which required it to direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of KR.G.’s driver’s license or driving privilege for a period of “[n]ot less th...
...In S.S., as in this case, the juvenile committed the delinquent act of marijuana possession in violation of the 2007 statutes, and the juvenile court withheld adjudication, placed the juvenile on probation, and declined to comply with the mandatory provisions of section 322.056(l)(a)(l). As in S.S., the court was required to comply with the statute. Accordingly, we reverse the disposition or *1270 der and remand the matter to the juvenile court for the entry of an order directed to the Department as required by section 322.056(l)(a)(l)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 14002
...es for the imposition of a fíne “only on those individuals who have been ‘convicted’ ” and “juveniles are not deemed to be ‘convicted’”); with State v. K.R.G.,
12 So.3d 1269, 1269 (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)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Raffel, Assistant Attorney General, Tampa, for Appellant. *466 No Appearance for Appellee. PATTERSON, Chief Judge. The State appeals from the trial court's order withholding adjudication of delinquency because the trial court failed to suspend C.C.S.'s driver's license, contrary to the requirements of section
322.056(1), Florida Statutes (1997). C.C.S. entered a no contest plea to the delinquent act of possession of an alcoholic beverage while under the age of twenty-one, a violation of section
562.111, Florida Statutes (1997), and an enumerated offense under section
322.056(1)....
...comply with rules at home, complete community service hours, and comply with his alcohol/substance abuse evaluation for any treatment or counseling. This court has held that even when the trial court accepts a no contest plea and withholds adjudication, section
322.056(1) mandates that the trial court suspend the juvenile's driver's license. See State v. J.V.W.,
739 So.2d 173 (Fla. 2d DCA 1999). Thus, we reverse the trial court's order and remand for the trial court to suspend C.C.S.'s license in accordance with the requirements of section
322.056(1)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 WL 723500
...pleaded no contest in several cases, including one involving possession of marijuana. See §
893.13(6)(b), Fla. Stat. (2007). The trial court withheld adjudication and placed S.S. on probation. The State asked the trial court to impose the mandatory license suspension. See §
322.056(1), Fla. Stat. (2007). The trial court refused to do so, implying that the sanction was not required when adjudication was withheld. Section
322.056(1) mandates suspension when a no contest plea is entered, adjudication is withheld, and the underlying offense is one enumerated under the statuteas is section
893.13....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1940814
...The State correctly asserts that the disposition was illegal because the juvenile court refused to comply with the statutory requirements concerning the revocation of K.R.G.'s driver's license. See State v. S.S.,
8 So.3d 425 (Fla. 2d DCA 2009). The juvenile court did not have discretion to forego the dictates of section
322.056(1)(a)(1), Florida Statutes (2007), which required it to direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of K.R.G.'s driver's license or driving privilege for a period of "[n]ot less than 6 months and not more than 1 year" on her first-time violation of chapter 893....
...In S.S., as in this case, the juvenile committed the delinquent act of marijuana possession in violation of the 2007 statutes, and the juvenile court withheld adjudication, placed the juvenile on probation, and declined to comply with the mandatory provisions of section 322.056(1)(a)(1). As in S.S., the court was required to comply with the statute. Accordingly, we reverse the disposition order *1270 and remand the matter to the juvenile court for the entry of an order directed to the Department as required by section 322.056(1)(a)(1)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Similarly, several statutes
indicate that “driving privilege” is something that is granted to
persons by the government, such as to nonresidents. See, e.g., §
322.03(1), Fla. Stat. (prohibiting driving without a valid Florida
driver’s license unless “authorized”); §
322.056, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2010 WL 3655501
...because it provides for the imposition of a fine "only on those individuals who have been `convicted'" and "juveniles are not deemed to be `convicted'"); with State v. K.R.G.,
12 So.3d 1269, 1269 (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)....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 13723
PATTERSON, Chief Judge. The State appeals from the trial court’s order withholding adjudication of delinquency because the trial court failed to suspend R.D.H.’s driver’s license, contrary to the requirements of section
322.056(1), Florida Statutes (1997). R.D.H. entered a no contest plea to the delinquent act of possession of marijuana, a violation of section
893.13, Florida Statutes (1997), and an enumerated offense under section
322.056(1). The trial court accepted the plea, withheld adjudication, and directed that R.D.H. complete the Juvenile Arbitration Drug Court Program. This court has held that even when the trial court accepts a no contest plea and withholds adjudication, section
322.056(1) mandates that the trial court suspend the juvenile’s driver’s license. See State v. J.V.W.,
739 So.2d 173 (Fla. 2d DCA 1999). Thus, we reverse the trial court’s order and remand for the trial court to suspend R.D.H.’s license in accordance with the requirements of section
322.056(1)....
CopyPublished | Florida 2nd District Court of Appeal
PATTERSON, Chief Judge. The State appeals from the trial court’s order withholding adjudication of delinquency because the trial court failed to suspend C.C.S.’s driver’s license, contrary to the requirements of section
322.056(1), Florida Statutes (1997). C.C.S. entered a no contest plea to the delinquent act of possession of an alcoholic beverage while under the age of twenty-one, a violation of section
562.111, Florida Statutes (1997), and an enumerated offense under section
322.056(1)....
...comply with rules at home, complete community service hours, and comply with his alcohol/substance abuse evaluation for any treatment or counseling. This court has held that even when the trial court accepts a no contest plea and withholds adjudication, section
322.056(1) mandates that the trial court suspend the juvenile’s driver’s license. See State v. J.V.W.,
739 So.2d 173 (Fla. 2d DCA 1999). Thus, we reverse the trial court’s order and remand for the trial court to suspend C.C.S.’s lipense in accordance with the requirements of section
322.056(1)....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 13188, 2000 WL 1504952
FULMER, Judge. The State appeals from a disposition order that withheld adjudication in R.P.E.’s case and failed to order the suspension of R.P.E.’s driver’s license pursuant to sections
562.111 and
322.056(1), Florida Statutes (1997)....
...Over the State’s objection, the trial court declined to order the suspension of R.P.E.’s driver’s license. The trial court believed that a no contest plea and the withhold of adjudication would render the suspension of R.P.E.’s driver’s license discretionary. The requirements of section
322.056(1) are mandatory, even when a no contest plea has been entered and adjudication has been withheld. See State v. J.V.W.,
739 So.2d 173 (Fla. 2d DCA 1999). Accordingly, we reverse the order of adjudication and remand with directions that the trial court suspend R.P.E. s driver s license in accordance with the requirements of section
322.056....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12300, 1995 WL 689541
...The state asserts that a business purpose only (“BPO”) license may not be issued until successful completion of an approved substance abuse education course as required under section
322.271(2)(a), Florida Statutes. We approve the trial court’s conclusion that the effect of the reference to section
322.271 in section
322.056 was to define “business or employment purposes,” and not to superimpose the entirety of section
322.271 on to section
322.055(1)....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 8104, 2006 WL 1409101
PER CURIAM. The State appeals the trial court’s failure to order the suspension of R.A.’s driver’s license pursuant to section 322.056, Florida Statutes (2005), after the court found R.A. delinquent and placed him on probation. We agree that suspension was mandatory and reverse with directions that R.A.’s driver’s license be suspended in accordance with section 322.056....
...pled no contest to the charge, and the trial court withheld adjudication, placed R.A. on probation for six months, and ordered him to perform community service. At that time, the State requested that the trial court impose the mandatory driver’s license suspension requirement contained in section
322.056, Florida Statutes, which provides: Notwithstanding the provisions of section
322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of section
562.11(2),
562.111, or chapter 893, and (a) The person...
...Two years, for a subsequent violation. The State also cited various decisions from the Second and Fifth Districts, including State v. J.V.W.,
739 So.2d 173 (Fla. 2d DCA 1999), where the court held that the driver’s license suspension requirement of section
322.056(1) is mandatory, even when a no contest plea has been entered and adjudication has been withheld. Likewise, in State v. R.N.,
597 So.2d 862 (Fla. 5th DCA 1992), the court held that section
322.056 does not require adjudication, but requires only a finding of delinquency, and the trial court’s acceptance of a no contest plea constitutes a finding of delinquency, thereby implicating the suspension requirement in section
322.056....
...Consequently, because there is no Fourth District decision on point, the trial court in this case was required to follow the decisions of the Second and Fifth Districts and enter an order directing the Department of Motor Vehicles to suspend R.A.’s driver’s license. Furthermore, we agree that section 322.056 mandates revocation of driving privileges for a juvenile who is found delinquent for violating Chapter 893....
...There is no language in this statute that allows a trial court to use its discretion in applying the penalty. The trial court’s acceptance of R.A.’s no contest plea constituted a finding of delinquency, which is sufficient to implicate the suspension requirements in section 322.056....
...because he has already served the full term of his probation. Section 985.201(4)(a), Florida Statutes, allows the trial court to retain jurisdiction, unless relinquished by order, until the minor reaches nineteen years of age: Furthermore, although section 322.056 applies only to a child under eighteen years of age, R.A.’s plea was entered and accepted when he was seventeen years old, and therefore, the trial court was required to order suspension of R.A.’s driving privileges....
...uired to direct the Department of Highway Safety and Motor Vehicles to suspend defendant’s driving privileges). Accordingly, we reverse and remand with directions that R.A.’s driver’s license be suspended in accordance with the requirements of section 322.056....
CopyPublished | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 15, 1999 WL 2543
PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which suspends L.J.R.’s driver’s license for six months. The State contends that LJ.R.’s driving privileges should have been suspended for two years, pursuant to section
322.056, Florida Statutes (1997). For the reasons stated in State v. M.L.R., No. 98-01096,
722 So.2d 259 (Fla. 2d DCA 1998), we hold that a six-month suspension was proper pursuant to section
322.056 because the State failed to prove that L.J.R....
CopyPublished | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 13, 1999 WL 2707
...TERSON, Acting Chief Judge. The State appeals from a final disposition order which suspends M.A.G.’s driver’s license for six months. The State contends *391 that M.AG.’s driving privileges should have been suspended for two years, pursuant to section
322.056, Florida Statutes (1997). For the reasons stated in State v. M.L.R., No. 98-01096,
722 So.2d 259 (Fla. 2d DCA 1998), we hold that a two-year suspension is mandatory pursuant to section
322.056 because M.A.G....
CopyPublished | Florida 2nd District Court of Appeal | 1999 WL 2536
PATTERSON, Acting Chief Judge. The State appeals from a final disposition order which suspends P.J.AJs driver’s license for six months. The State contends that P.J.A.’s driving privileges should have been suspended for two years, pursuant to section
322.056, Florida Statutes (1997). For the reasons stated in State v. M.L.R., No. 98-01096,
722 So.2d 259 (Fla. 2d DCA 1998), we hold that a two-year suspension is mandatory pursuant to section
322.056 because P.J.A....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 177
PER CURIAM. The State petitions this court for certiorari and mandamus relief from the juvenile trial court’s decision to defer disposition in a delinquency case in order, it alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires trial courts to direct that the driving privileges of offenders under 18 years of age be suspended if they have been found guilty of or delinquent for a violation of certain offenses....
...At the hearing, he signed a plea form which the trial court endorsed indicating acceptance of the plea. Disposition was deferred until May 11, 1998, which falls five days after M.D.’s eighteenth birthday. At that time he will no longer be subject to the mandatory suspension of his driving privileges required by section 322.056(1)....
...d not apply to M.D. after he reaches the age of 18 because he was not prosecuted as an adult. By arranging for his dispositional hearing just days after his eighteenth birthday, the trial court has created a small window between sections
322.055 and
322.056, Florida Statutes (1995), which allows M.D....
...ty and Motor Vehicles to suspend his driving privileges. Therefore, the failure to do so constitutes a departure from the essential requirements of law, for which the State has no remedy on direct appeal, as M.D. will have escaped the application of section 322.056(1) were the State to wait to appeal the disposition which has been deferred until after his eighteenth birthday....
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 1570
suspension for any longer than six months. See §
322.056, Fla. Stat. (1995). Additionally, the trial court
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 15688
privileges be suspended for two years, pursuant to section
322.056, Florida Statutes (1997). The State filed a
CopyPublished | Florida 2nd District Court of Appeal | 1998 WL 873066
...ghway, Safety and Motor Vehicles to suspend M.L.R.'s driving privileges for six months. We reverse and remand because, as the State argues, the trial court should have directed that M.L.R.'s driving privileges be suspended for two years, pursuant to section 322.056, Florida Statutes (1997)....
...t *260 to suspension for two years. Upon learning that M.L.R. did not have a previous suspension, the court ordered that his license be suspended for six months. The State objected to the six-month suspension and appealed from the disposition order. Section 322.056, Florida Statutes (1997), provides in pertinent part: 322.056 Mandatory revocation or suspension of, or delay of eligibility for, driver's license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition....
...shall direct the department to revoke or to withhold issuance of his or her driver's license or driving privilege for a period of: 1. Not less than 6 months and not more than 1 year for the first violation. 2. Two years, for a subsequent violation. Section 322.056 requires the trial court to direct the suspension of a juvenile's driving privileges when the court finds the juvenile guilty of or delinquent for certain alcohol, drug, or tobacco offenses....
...M.A.P.,
708 So.2d 322 (Fla. 2d DCA 1998); State v. R.N.,
597 So.2d 862 (Fla. 5th DCA 1992). Upon a first violation, the trial court does have discretion as to the length of the suspension and may order the suspension for "[n]ot less than 6 months and not more than 1 year." §
322.056(1)(a)1., Fla. Stat. (1997). Upon a subsequent violation, however, the statute mandates a two-year suspension. See §
322.056(1)(a)2., Fla....
...was adjudicated delinquent for possession of marijuana and drug paraphernalia. The predisposition report revealed a previous adjudication for a misdemeanor drug offense, possession of drug paraphernalia. Thus, the adjudication of delinquency in this case is a "subsequent violation" which requires a two-year suspension under section 322.056(1)(a)2....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 3873
...mposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.-056. Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding the provisions of s....
...ght get the attention of R.N. and other juveniles. Perhaps the inconvenience will act as a reminder to avoid illegal acts in the future. We find no merit in R.N.’s argument that the trial court’s failure to adjudicate him as a delinquent renders section 322.056 inapplicable....
