Florida/Georgia Personal Injury & Workers Compensation

...and he testified that in fact he did not know of it. The Department of Motor Vehicles had suspended his license for failure to pay traffic fines. Its record, admitted into evidence, shows that notice of the suspension was sent to Turner pursuant to section 322.251, Florida Statutes....

...Section 2 creates section 832.10, Florida Statutes to provide that a payee on a worthless check may place the check for collection by a private debt collector prior to presenting the check to the state attorney for prosecution and that the payee may recover reasonable collection fees. Section 3 creates section 322.251, Florida Statutes to provide for notice to a licensee whose driving privilege is suspended pursuant to section 832.09....

...pter 98-223 explains that one of its purposes is to provide for the suspension of drivers' licenses for those who pass worthless checks. Chapters 832 and 322 are related in that section 832.09 provides for suspension of drivers' licenses pursuant to section 322.251....

...ection 322.264; (2) DMV gave defendant notice of the revocation of his license; and (3) defendant operated a motor vehicle upon a highway of Florida while the license was revoked. As to the second element, the one requiring notice of the revocation, section 322.251(2) provides: "Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either such manner shall be made by entry in the records of the department that such notice was given....

...ounty; and January 14, 1997 in Indian River County. The May 2, 1992, conviction was noted as "adjudication withheld." For purposes of section 322.34, a withheld adjudication constitutes a conviction. Raulerson v. State, 763 So.2d 285 (Fla.2000). [5] § 322.251(2), Fla. Stat. (2000). Defendant did not contest the notice. [6] See § 322.251(6), Fla....

...person has accumulated... within a 5-year period: (1) Three or more convictions of any one or more of the following offenses arising out of separate acts... (d) Driving a motor vehicle while his or her license is suspended or revoked...."). [9] See § 322.251(3), Fla....

...Section 2 creates section 832.10, Florida Statutes to provide that a payee on a worthless check may place the check for collection by a private debt collector prior to presenting the check to the state attorney for prosecution and that the payee may recover reasonable collection fees. Section 3 creates section 322.251, Florida Statues to provide for notice to a licensee whose driving privilege is suspended pursuant to section 832.09....

...The driving record of Anderson indicated that the DHSMV mailed a written notice of the license suspension to the address on file for Anderson. The mailing was confirmed when the State entered the driving record of Anderson into evidence, which reflected that the DHSMV sent notice that was in compliance with section 322.251(1), Florida Statutes (2011)....

...Therefore, the court held that she violated her probation, and it reinstated her original sentence that had been suspended. On appeal, the Fifth District affirmed. See Anderson, 48 So.3d at 1018-19 . In reaching its decision, the Fifth District construed sections 322.34 and 322.251(1) together. See id. at 1018 . It explained that section 322.251(1) outlines the manner in which a notice of suspension is provided, and that those parameters apply to a charge of driving with a suspended license. See id. It also stated that section 322.251(1) permits notice either in person or by mail....

...(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver’s license must contain a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked. (Emphasis added). In section 322.251(1), Florida Statutes (2011), the Florida Legislature delineated what constitutes notice of a cancellation, suspension, or revocation: All orders of cancellation, suspension, revocation, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss....

...ocation, or disqualification of the licensee’s driving privilege. (Emphasis added.) In 1999, the Fifth District reviewed a conviction under section 322.34 for driving with a revoked license, and specifically addressed what constitutes notice under section 322.251....

...e DHSMV had revoked his license. See Fields, 731 *779 So.2d at 753 . The State established that it sent written notice of the revocation to the defendant by mail. See id. at 754 . The Fifth District held that this satisfied the notice requirement of section 322.251 and, concomitantly, the knowledge requirement of section 322.34....

...to pay a traffic fine and child support. See id. Unlike the driving record in Brown , however, the driving record for the defendant in Haygood failed to list the address of the defendant. See id. Nonetheless, it did provide that, in compliance with section 322.251, notice of the suspension had been provided to the defendant....

...Decision Below In the decision below, the Fifth District correctly held that the State sufficiently established the knowledge requirement of the current version of section 322.34(2) because (1) the mailing of the written notice of suspension satisfied the notice requirement of section 322.251(1), and (2) the State proved that this was the address of Anderson at the time of the mailing. This result is in accord with the plain language of sections 322.34 and 322.251(1), as construed together and taken as a whole....

...(Emphasis added.) Subsection (4) of 322.34 mandates that any judgment or order rendered by a court or adjudicatory body or uniform traffic citation that results in the cancellation, suspension, or revocation of a license must contain a provision notifying the person of that action. Section 322.251(1), which concerns the same subject matter as section 322.34 — i.e., driving while a license is can-celled, suspended, or revoked — explicitly outlines two mechanisms for delivery of a written notice of a license suspension, revocation, or cancellation under section 322.34. See § 322.251(1)....

...Here, the State sufficiently proved knowledge by verifying that the DHSMV sent notice of Anderson’s license suspension by mail and that Anderson received it. More specifically, it established that it sent notice of the license suspension in accordance with section 322.251(1), i.e., it entered into evidence the driving record of Anderson, which illustrated that the DHSMV mailed written notice of Anderson’s license suspension to her last known address....

...d for passing a worthless check in violation of s. 832.05, who fails to appear before the court and against whom a warrant or capias for failure to appear is issued by the court shall have his or her driver's license suspended or revoked pursuant to s. 322.251....

...2.10, quoted earlier, provides a recipient of a bad check with the alternative of attempting to collect the debt before making a complaint with the state attorney, which could result in a license suspension. Section 3 of Chapter 98-223, which became section 322.251, provides details as to notice and other matters involving the suspension of driver's licenses for passing worthless checks in violation of section 832.09....

...ot be apparent, they are related. As we noted earlier, Chapter 832, which criminalizes passing a bad check, provides in section 832.09 for the suspension of a driver's license under Chapter 322. Chapter 322, our driver's license statute, provides in section 322.251(7)(a)(1) that a driver's license revoked under section 832.09, for passing a bad check, can be reinstated if there has been payment of restitution, court costs, and fees....

...Contrary to appellant's argument, at the non-jury trial, the state proved by competent evidence that appellant's license had been revoked. A copy of his driving record was properly admitted pursuant to section 322.201, Florida Statutes (2001). Notice of the revocation was established pursuant to section 322.251(2), Florida Statutes (2001)....

...g reasons: August 15, 2006, for failure to pay a traffic fine; August 28, 2006, for being delinquent in child support; and August 30, 2006, for being delinquent in child support. The driving record also provided that the statutory notice required by section 322.251, Florida Statutes (2006), had been given....

...n a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked. § 322.34(1)-(4)(emphasis added). Brown concedes that there was evidence that the notice of suspension was mailed to him, as is required by section 322.251, Florida Statutes (Supp.1998), but argues that this is not proof that he actually received the notice and cannot sustain a finding of actual knowledge on his part....

...In the absence of such a reference, the Fifth District rejected the defendant's contention that the State was required to prove that he had actual knowledge of the revocation of his license and held that it was sufficient that the State establish that it had provided the defendant notice of the revocation as required by section 322.251(1), (2), Florida Statutes (1997), and that the "[g]iving of notice creates at least the presumption that notice was received." 731 So.2d at 754. Unlike Fields, the instant case does not involve a statute that is silent on the issue of the defendant's knowledge of the suspension, *744 leaving the State to prove only that the notice requirement of section 322.251 was complied with....

...suspend a person's license. Various sections within the chapter contain procedural requirements with which the legislature intends the department to comply before embarking upon an action which would effect a person's driving privilege. For example, section 322.251(2) sets forth the explicit notice requirements the department must observe before cancelling, revoking or suspending a person's license....

...t) knew that [[his][her]] [[license] [driving privilege]] was [suspended] [revoked] [canceled]. Whether (defendant) knew of the [suspension] [revocation] [cancellation] is a question to be determined by you from the evidence. Give as applicable. See § 322.251(1), (2), and § 322M(2), (3), (k), Fla....

...ed, revoked, or canceled, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation]. *700 Do not give if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See § 322M(2) md § 322.251(1), (2), Fla....

...ized wheelchair or motorized bicycle. § 322.0108X39), Fla. Stat. “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. § 322.251, Fla....

...“Canceled” means that a license has been declared void and terminated. “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. § 322.251(1), Fla....

...r disqualification in either such manner shall be made by entry in the records of the department that such notice was given. Such entry shall be admissible in the courts of this state and shall constitute sufficient proof that such notice was given. § 322.251(1)(2), Fla....

...In this case, moreover, appellant admitted he had actual knowledge of the revocation but (erroneously) believed he had done what was necessary to undo the revocation. AFFIRMED. COBB, J., concurs. W. SHARP, J., concurs in result. NOTES [1] § 322.34(5), Fla. Stat. (1997). [2] Under section 322.251(1), the legislature appears to have determined that proper mailing is conclusive evidence of notice.

...For reasons further explained in this opinion, there was no evidentiary hearing to review the propriety of this revocation. Thus, the facts in this opinion come solely from the documents included in the appendix. [2] Although it revoked the license and did not suspend it, the DHSMV presumably based its actions on sections 322.251 and 322.27, Florida Statutes (1999)....

...Section 322.27 provides, in part: [T]he department is hereby authorized to suspend the license of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee: (A) Has committed an offense for which mandatory revocation is required upon conviction. Section 322.251 requires the DHSMV to provide the licensee notice of any cancellation, suspension, revocation, or disqualification of a license....

...ess revocations stemming from differing conduct and statutory bases, they otherwise proscribe materially identical conduct; both criminalize driving while the driver's license has been revoked. Further, in both instances the department is obliged by section 322.251 to give notice of the revocation by mail. That statute also provides that notation of the giving of the notice in the DMV's records is sufficient proof that the notice was given. § 322.251(2)....

...Accordingly, we grant the Department's petition and quash the lower court's order. ERVIN, MINER and KAHN, JJ., CONCUR. NOTES [1] Section 322.22, Florida Statutes, authorizes the Department to cancel any driver's license "upon determining that the licensee was not entitled to the issuance thereof." Section 322.251 prescribes the notice requirements for such orders.

the evidence. Give as applicable. See § 322.251(1), (2), and § 322.34(2), (3),(4), Fla. Stat.

...This review follows. ANALYSIS I. Provisions Relating to Notice DHSMV is required to provide driver licensees with notice of any driver license cancellation, suspension, revocation, or -3- disqualification, see § 322.251(1), Fla. Stat. (2016), and subsequently, to “enter the cancellation, suspension, revocation, or disqualification order on the licensee’s [DHSMV] driver file.” Id. § 322.251(6). Notice may be made by personal delivery or first-class mail, id. § 322.251(1), and “[p]roof of the giving of notice and an order or cancellation, suspension, revocation, or disqualification in either manner shall be made by entry of the records of [DHSMV] that such notice was given.” Id. § 322.251(2). When applicable, “[t]he entry is admissible in the courts of this state and constitutes sufficient proof that such notice was given.” Id....

...ilitate a juror who admits some form of bias). We affirm as to all remaining issues. To guide the parties on remand with respect to the issue of whether appellant could be convicted for driving with a suspended license, we would refer the parties to section 322.251, Florida Statutes, which provides that if a licensee whose driving privilege is suspended fails to surrender all licenses, the period of suspension will not expire "until a period identical to the period for which the driving privilege was suspended ... has expired after the date *1218 of surrender of the licenses, or the date an affidavit swearing such licenses are lost has been filed with the department." § 322.251(3), Fla....

...nt) knew that [his] [her] [license] [driving privilege] was [suspended], [revoked], [canceled]. Whether (defendant) knew of the [suspension] [revocation] [cancellation] is a question to be determined by you from the evidence. Give as applicable. See § 322.251(1), (2), and § S22M&), (3), (If), Fla....

...d, revoked, or canceled, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation]. Do not (jive if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See § 322.3⅛(2) and § 322.251(1), (2), Fla....

...§ 322.01[1Q)(38), Fla. Stat. ¾ “Street or Highway” means the entire width between the boundary lines of 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. § 322.251, Fla....

...id and terminated. “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. § 322.251(1), Fla....

...traffic fine or for a financial responsibility violation.”); Robinson v. State, 348 So. 3d 1146, 1147 (Fla. 4th DCA 2022) (“Regarding notice, the State is required to prove that DHSMV mailed the notice to the last known mailing address.”); § 322.251(1)-(2), Fla....

...d not seen anything from the DHSMV addressed to Appellant. The State offered Appellant's driving record into evidence at the hearing. The record included a notation that the DHSMV had mailed a notice of suspension to Appellant's address, pursuant to section 322.251, Florida Statutes....

...ice from the clerk of court. § 322.245(5)(a), Fla. Stat. (2009). Here, the record reflects that the clerk sent notice of Appellant's failure to pay to the DHSMV and Appellant on April 24, 2009. Upon receipt of the notice from the clerk, pursuant to section 322.251, the DHSMV is obligated to provide notice of suspension to the defendant either by personal delivery or by depositing the notice in the mail, postage prepaid, addressed to the last known address of the defendant....

...is sent, and that proof that notice was given is made by entry in the DHSMV's records that notice was given in this manner. The entry in the records is admissible evidence in court and "shall constitute sufficient proof that such notice was given." § 322.251(2), Fla....

...cting that notice was given on May 7, 2009, effective as of May 27, 2009, twenty days after it was mailed. Therefore, according to the statute, the State introduced sufficient proof that notice had been given. [1] *1017 Appellant makes no mention of section 322.251(2) in her brief....

...It concluded that the evidence was insufficient to establish that the defendant had knowledge that his license had been suspended when the only proof of such was evidence of mailing notice to the defendant's last known address. The Brown court did not apply section 322.251(2), but instead relied upon the following language in section 322.34(2): The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellatio...

...ovided in subsection (4)." Subsection (4) does not address *1018 itself to the manner of providing notice, only that the order of suspension contain a notice provision. The manner of providing notice for this type of suspension order is contained in section 322.251. These two statutes must be construed together as they are interwoven by design. See Ferguson v. State, 377 So.2d 709, 710 (Fla. 1979) (statutes which pertain to closely related subject should be construed together). Section 322.251(1) directs that service be by either personal delivery or mail. Section 322.251(2) sets forth the effect of mail service, providing that record entry that notice was mailed is both admissible in evidence and constitutes sufficient proof that notice was given....

...to establish the receipt of such notice in a prosecution for driving in contravention of a suspension order. There are no other court proceedings where the receipt of notice would be germane. Thus, to conclude otherwise would render the entirety of section 322.251(2) meaningless....

...rseded by a subsequent statutory amendment. [2] Neither counsel addressed this statute in their briefs, although both acknowledged that the trial judge had relied upon our decision in Fields, 731 So.2d at 754, which expressly addressed the effect of section 322.251....

...[4] Of the two authorized methods of service, only personal delivery would provide direct proof of receipt. Certified mail, return receipt requested with restricted delivery, would be direct evidence of receipt, but it is not an authorized method of service under section 322.251....