322.245 Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other criminal case.—
(1) If a person charged with a violation of any of the criminal offenses enumerated in s. 318.17 or with the commission of any offense constituting a misdemeanor under chapter 320 or this chapter fails to comply with all of the directives of the court within the time allotted by the court, the clerk of the court must provide the person, either electronically or by mail sent to the address specified on the uniform traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the directives of the court within 30 days after the date of the notice and pay a delinquency fee of up to $25 to the clerk, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, his or her driver license will be suspended. The notice must be sent no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.
(2) In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail in accordance with s. 61.13016 the notice specified in that section, notifying him or her that if he or she does not comply with the requirements of that section and pay a delinquency fee of $25 to the depository or the clerk, his or her driver license and motor vehicle registration will be suspended. The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office after the clerk remits $15 to the Department of Revenue for deposit into the General Revenue Fund.
(3) If the person fails to comply with the directives of the court within the 30-day period, or, in non-IV-D cases, fails to comply with the requirements of s. 61.13016 within the period specified in that statute, the depository or the clerk of the court must electronically notify the department of such failure within 10 days. Upon electronic receipt of the notice, the department shall immediately issue an order suspending the person’s driver license and privilege to drive effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). The order of suspension must also contain information specifying that the person may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for fines, fees, service charges, and court costs.
(4) After suspension of the driver license of a person pursuant to subsection (1), subsection (2), or subsection (3), the license may not be reinstated until the person complies with all court directives imposed upon him or her, including payment of the delinquency fee imposed by subsection (1), and presents certification of such compliance to a driver licensing office and complies with the requirements of this chapter or, in the case of a license suspended for nonpayment of child support in non-IV-D cases, until the person complies with the reinstatement provisions of s. 322.058 and makes payment of the delinquency fee imposed by subsection (2).
(5)(a) When the department receives notice from a clerk of the court that a person licensed to operate a motor vehicle in this state under the provisions of this chapter has failed to pay financial obligations for any criminal offense other than those specified in subsection (1), in full or in part under a payment plan pursuant to s. 28.246(4), the department must suspend the license of the person named in the notice. The department shall mail an order of suspension in accordance with s. 322.251(1), (2), and (6), which must also contain information specifying that the person may contact the clerk of the court to establish a payment plan pursuant to s. 28.246(4) to make partial payments for fines, fees, service charges, and court costs.
(b) The department must reinstate the driving privilege when the clerk of the court provides an affidavit to the department stating that:
1. The person has satisfied the financial obligation in full or made all payments currently due under a payment plan;
2. The person has entered into a written agreement for payment of the financial obligation if not presently enrolled in a payment plan; or
3. A court has entered an order granting relief to the person ordering the reinstatement of the license.
(c) The department shall not be held liable for any license suspension resulting from the discharge of its duties under this section.
...433, 434 (1871)). . The Court provided as an example the arson statute, which identifies two degrees of arson. 3 So.3d at 1076 ; see also § 806.01, Fla. Stat. (2012). . A driver's license may also be suspended for non-traffic violations. See, e.g., § 322.245, Fla....
Published | Florida 4th District Court of Appeal | 2008 WL 4642983
...The trial court was right, but for the wrong reasons. See Stav v. State, 860 So.2d 478 (Fla. 4th DCA 2003). Appellant's challenge in his three motions was to the potential suspension of his driver's license due to costs and fees imposed in his two felony cases, which have not been paid by him. Section 322.245(5)(a), Florida Statutes (2004) authorized this suspension for failure to pay any obligations in criminal cases. His challenges to the costs and fees relate to his indigent status now and not at the time they were imposed. Further, his challenge to the retroactive application of section 322.245(5)(a), Florida Statutes (2004) to his cases must fail in light of the authorities recognizing that driving is a privilege and not a right, which can be "taken away or encumbered as a means of meeting a legitimate legislative goal." See Lite v....
...We affirm.
Following Appellant’s adjudication of guilt for trafficking in
cocaine, possession of cocaine with intent to deliver, possession of
paraphernalia, and violating a prior order of probation, she was
sentenced to 41.1 months in prison and ordered to pay certain
costs and fines. Pursuant to section 322.245(5)(a), Florida
Statutes, Appellant’s driver’s license was suspended in
September 2014 for failure to pay her fines and costs....
...ad knowledge of the suspension. We disagree. When a defendant fails to meet financial obligations arising from a criminal case pursuant to a payment plan, the DHSMV must suspend the defendant's license upon receipt of notice from the clerk of court. § 322.245(5)(a), Fla....
...o suspensions under Chapter 324, Florida Statutes, which is the chapter that pertains to "Financial Responsibility." Here the suspension was for an entirely different reasonfailure to pay a court-ordered obligation under a payment plan pursuant to section 322.245(5)(a).
