CopyCited 40 times | Published | Supreme Court of Florida
...I would discharge the writ of certiorari. NOTES [1] Ingram v. Pettit,
303 So.2d 703 (1st DCA Fla. 1974). [2] Fla. Const. art. V, § 3(b)(3). The district court's decision is in direct conflict with Busser v. Sabatasso,
143 So.2d 532 (3d DCA Fla. 1962). [3] Section
322.262(2)(c), Fla....
...hree months to 12 months imprisonment. Ch. 11809, Laws of Florida (1927). In 1941, revocation of a driver's license became a mandatory administrative duty of the Department of Public Safety. Ch. 20451, Laws of Florida (1941). That duty exists today. Section 322.26, Fla....
CopyCited 25 times | Published | Supreme Court of Florida
...ces." We have shown that revocation of a driver's license is not regarded as punishment of the offender. Under the applicable statute, it is an administrative remedy for the public protection that mandatorily follows conviction for certain offenses. Section 322.26, Florida Statutes, F.S.A....
CopyCited 23 times | Published | Supreme Court of Florida | 1993 WL 113519
...upon the commission or omission of an act not directly related to the use of a motor vehicle. See, e.g., §§
324.051 and
324.121, Fla. Stat. (1989) (failure of automobile owner to have liability insurance even if owner is not involved in accident); §
322.26(5), Fla....
CopyCited 15 times | Published | Supreme Court of Florida
...ver's licenses under certain circumstances. Section 6 amends section
318.18(3), Florida Statutes to increase the fines for speeding. Section 7 amends section
320.07(3), Florida Statutes which deals with expiration of license plates. Section 8 amends section
322.26, Florida Statutes which deals with mandatory revocation of driver's licenses....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1196
...to a DUI conviction is not administrative but is both judicial and punitive in nature. That conclusion is incorrect. The key to the decision we reach in this case is the recognition that the revocation of a driver's license, which is mandatory under section 322.26, Florida Statutes (1983), when the holder of the license has been convicted of DUI, is not part of the sentence imposed for the DUI offense....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 17, 2002 WL 10071
...ver's licenses under certain circumstances. Section 6 amends section
318.18(3), Florida Statutes to increase the fines for speeding. Section 7 amends section
320.07(3), Florida Statutes which deals with expiration of license plates. Section 8 amends section
322.26, Florida Statutes which deals with mandatory revocation of driver's licenses....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1996 WL 577412
...is appeal from the denial of the motion to dismiss. Upon receiving notice of the conviction, the Department of Highway Safety and Motor Vehicles (the "Department") sent Degrossi an order of license revocation, suspension or cancellation, pursuant to Section 322.26(2), Florida Statutes (1995)....
...ertain conditions and fails to act responsibly. See Drivers' Licenses, Chapter 322, Florida Statutes (1995). Driving under the influence of alcohol seriously threatens public health and safety. [1] In response to this threat, the legislature enacted Section 322.26(2) which imposes a duty upon the Department to suspend the driver's license of any person convicted of DUI in order to protect the public from potentially dangerous drivers....
...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), refers to the final judgment after appeal and thus the Department lacked the authority to suspend his license pending the final outcome on appeal....
...ed the continued privilege to drive by simply filing a notice of appeal. The risk to an individual of an erroneous suspension is far outweighed by the state's compelling interest in removing intoxicated drivers from public roadways. Because Sections
322.26(2) and
322.28(6) must be construed in accordance with the legislative intent to ensure safe roadways and protecting the public from intoxicated drivers, we reverse the trial court's stay of the license suspension....
...on public highways to persons who, by their conduct and record, have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state and the orders of the state courts and administrative agencies." §
322.263, Fla.Stat. (1995). See Keith v. Capers,
362 So.2d 130 (Fla. 3d DCA 1978), cert. denied,
368 So.2d 1363 (Fla.1979). [3] Section
322.28(6) specifically provides: "No administrative suspension of a driving privilege under s.
322.2615 shall be stayed upon a request for review of the departmental order that resulted in such suspension and, except as provided in former s.
322.261, no suspension or revocation of a driving privilege shall be stayed upon appeal of the conviction or order that resulted therein." [4] We recognize that other state courts have applied different analyses in reaching alternate conclusions....
...Murphy, 658 N.E.2d at 350 (acknowledging license suspension is separate remedial proceeding from criminal prosecution). We disagree with the reasoning in these cases which does not affect our interpretation of the clear legislative intent enunciated in Section 322.263, and Florida's strong public policy in preventing motor vehicle crashes caused by alcohol impaired drivers.
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1991 WL 196284
...the use of a motor vehicle in the commission of the felony to the Department of Highway Safety and Motor Vehicles. It then becomes the Department's responsibility to revoke the license privilege. Mandile v. State,
547 So.2d 1062 (Fla. 2d DCA 1989); §
322.26(3), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1991 WL 200769
...e notice of the consequences of their actions. Unlike the costs imposed in Beasley, the costs imposed under section 27.56 require additional notice to the defendant. Therefore, Beasley is inapplicable to section 27.56. REVOCATION OF DRIVER'S LICENSE Section 322.26(3), Florida Statutes, provides that the Department of Highway Safety and Motor Vehicles, not the courts, shall revoke a driver's license where a motor vehicle is used in the commission of any felony....
...e for the offense of driving a motor vehicle while under the influence of alcoholic beverages. A felony DUI would appear to fall within both statutes, thus authorizing the court to revoke under
322.28(2)(a) and (e) and the Department to revoke under
322.26(3)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1989 WL 101236
...howing the use of a motor vehicle in the commission of a felony to the Department of Highway Safety and Motor Vehicles. Upon receipt of such record, the Department must revoke the license or driving privilege of such convicted operator or chauffeur. § 322.26(3), Fla....
...[2] *1063 Accordingly, we vacate that portion of the appellant's sentence dealing with the court-imposed suspension of his driver's license; in all other respects the sentences are affirmed. We remand the case to the trial court for further proceedings in compliance with section
322.26. LEHAN and ALTENBERND, JJ., Concur. NOTES [1] Compare Moreland v. State,
442 So.2d 1002 (Fla. 2d DCA 1984). [2] The statute provides the following:
322.26 Mandatory revocation of license by department....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 1369624
...We respectfully disagree with Critchfield and affirm. Section
322.341 became effective July 1, 1998 by virtue of section 8 of Chapter 98-233, Laws of Florida. It provides: Any person whose driver's license or driving privilege has been permanently revoked pursuant to section
322.26 or
322.28 and who drives a motor vehicle upon the highways of this state is guilty of a felony of the third degree....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453
...State,
647 So.2d 206, 208 (Fla. 1st DCA 1994). The information charged Mr. Crain with driving "a motor vehicle upon the highways of this State, while his driver's license or driving privilege was cancelled, suspended or revoked, pursuant to Florida Statutes, Section
322.264 (Habitual Offender), contrary to the provisions of Section
322.34(5), Florida Statutes," even though section
322.34(5) says nothing about any "driving privilege" distinct from a driver's license....
...ivilege to drive if licensed by the State of Florida with a valid driver's license." Mr. 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)....
...an operator's license as defined in 49 U.S.C. s. 30301." §
322.01(17), Fla. Stat. (2009). Mr. Crain was convicted of violating section
322.34(5), Florida Statutes (2009) which provides: Any person whose driver's license has been revoked pursuant to s.
322.264 (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, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (Emphasis supplied.) Section
322.264, Florida Statutes (2009), defines a "habitual traffic offender" as: *121 [A]ny person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of c...
...enses arising out of separate acts: . . . . (d) Driving a motor vehicle while his or her license is suspended or revoked. (Emphasis supplied.) Furthermore, DHSMV "shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s....
...2d DCA 2000), adopted the state's argument that "even though appellant did not have a driver's license, he did have a `driving privilege' that had been revoked due to his status as a habitual traffic offender, and the revocation of this driving privilege was the equivalent of revocation of a driver's license for purposes of section 322.264, Florida Statutes (1997)." But this reads language into the statute that the Legislature did not enact....
...or . . . privilege": Any person who operates a motor vehicle: (a) Without having a driver's license as required under s.
322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s.
316.655, s.
322.26(8), s....
...ficer must determine, inter alia, if revocation is for habitual traffic offender status) (emphasis added);
322.34(10)(a)(6) and (b) (providing a less severe criminal penalty for driving when one has "been designated a habitual traffic offender under s.
322.264(1) as a result of suspensions of his or her driver's license or driver privilege " for specified violations) (emphasis added)....
...*123 driving privilege." One can easily envision circumstances in which an unlicensed driver could commit a prohibited act for which his or her driving privilege is taken away. For example, an unlicensed driver would lose her driving privilege under section 322.26, Florida Statutes, which requires DHSMV to "revoke the license or driving privilege of any person upon receiving a record of such person's conviction of" certain offenses, including murder or manslaughter resulting from the operation of a vehicle, or commission of a felony using a vehicle....
...branded "habitual." Today's decision allows the appellantand now every potential habitual traffic offenderto escape punishment by exploiting an instance of imprecise statutory drafting. I am also concerned that the majority's reading of sections
322.264,
322.27(5) and
322.34(5) as operating only against licensed persons not only obstructs legislative intent as to those provisions, but also affects the operation of any other provisions in chapter 322 that may lack the phrase "or driving privi...
CopyCited 2 times | Published | Supreme Court of Florida | 156 Fla. 535, 1945 Fla. LEXIS 919
Section
322.25 when construed in connection with Section
322.26, Fla. Statutes 1941, F.S.A. In this general
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 445846
...Although the county court convicted him of DUI, it granted his motion to stay the conviction and sentence pending his appeal from the denial of the motion to dismiss. The Department, upon receiving notice of the conviction, sent defendant an order of license revocation, suspension or cancellation pursuant to section 322.26(2), Florida Statutes (1995), which mandates that the Department revoke the license of any individual convicted of DUI....
...rtment to stay the driver license revocation pending appeal, though certifying a question of great public importance to the Third District. The Third District in Degrossi reversed the county court and remanded to vacate the stay. Degrossi noted that section
322.26(2) imposes a duty upon the Department to suspend the driver's license of any person convicted of DUI to protect the public from potentially dangerous drivers and that section
322.28(6) provides that "no suspension or revocation of a dr...
...and sought stays of their driving license suspensions while their DUI appeal was pending in the circuit court. Also like the defendant in Degrossi, petitioners' licenses were suspended automatically by operation of law by the Department, pursuant to section 322.26(2), as a result of the convictions....
...urred automatically but were otherwise not part of the punishment involved in petitioners' criminal convictions. In contrast, in Stockman, the petitioner's license therein was not suspended automatically as the result of a DUI conviction pursuant to section 322.26(2), but rather as the result of Department administrative proceedings, for which a conviction is not necessary....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...hicle in the commission of a felony to the Department of Highway Safety and *51 Motor Vehicles. It is then the Department's responsibility to revoke the driving license privilege of the convicted. Mandile v. State,
547 So.2d 1062 (Fla. 2d DCA 1989); §
322.26(3), Fla....
...Accordingly, we affirm the appellant's convictions and sentences but vacate that portion of his sentences dealing with the court imposed suspension of his driver's license. We remand these cases to the trial court for further proceedings in compliance with section 322.26, Florida Statutes (1987)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 1459618
...Gauldin, Assistant Public Defender, Tallahassee, for Appellant David Wayne Simmons. Robert A. Butterworth, Attorney General; Laura Fullerton López, Assistant Attorney General, Tallahassee, for Appellee State of Florida. PER CURIAM. We conclude that the trial court erred in revoking the defendant's driver's license. Section 322.26, Florida Statutes authorizes a license revocation by the Department of Highway Safety and Motor Vehicles, not by the sentencing court....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1021559
...personal injury, failure to register a vehicle, and two crimes involving driving with a revoked license. One charge was under section
322.34(5), Florida Statutes (2000), which provides: Any person whose driver's license has been revoked pursuant to s.
322.264 (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.... Section
322.264 defines a "habitual traffic offender" as having accumulated a certain number of specified convictions within a five year period. For example, three or more convictions of "[v]oluntary or involuntary manslaughter resulting from the operation of a motor vehicle" within a five year period results in classification as a habitual traffic offender. §
322.264(1)(a), Fla. Stat. (2000). Also, a revocation may result from "[f]ifteen convictions for moving traffic offenses for which points may be assessed." §
322.264(2), Fla. Stat. (2000). Section
322.27(5) requires the Department of Highway Safety and Motor Vehicles to revoke the license of any person "designated a habitual offender" as set forth in section
322.264. The second statute under which Webb was charged was section
322.341, Florida Statutes (2000), which reads: Any person whose driver's license or driving privilege has been permanently revoked pursuant to s.
322.26 or s.
322.28 and who drives a motor vehicle upon the highways of this state is guilty of a felony of the third degree.... Section
322.26(1)(a) provides for the permanent revocation of a driver's license in cases involving [m]urder resulting from the operation of a motor vehicle, DUI manslaughter where the conviction represents a subsequent DUI-related conviction, or a fourth violation of s....
...ended to authorize separate punishments for the two crimes." Albernaz v. United States,
450 U.S. 333, 334,
101 S.Ct. 1137, 1145,
67 L.Ed.2d 275 (1981); accord State v. Smith,
547 So.2d 613, 614 (Fla.1989). M.P. v. State,
682 So.2d 79, 81 (Fla.1996). Section
322.264 expressly contemplates that the same convictions may be counted to revoke a driver's license multiple times under different statutes: The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender. Thus, a DUI manslaughter conviction sufficient to permanently revoke a license under section
322.26(1)(a) may also count as a conviction to habitualize the offender under section
322.264(1)(a)....
...Because it requires three criminal convictions or fifteen convictions for moving traffic offenses, the habitual traffic offender statute primarily punishes recidivist bad driving. A permanent revocation of a driver's license occurs in cases involving a death or seriously dangerous conduct, such as a fourth DUI. See § 322.26(1)(a), Fla....
...STONE, J., concurs specially with opinion. STONE, J., concurring specially. I concur in affirming, but do so on the authority of Novaton v. State,
634 So.2d 607 (Fla.1994). I, therefore, would not reach the issue addressed in the majority opinion. NOTES [1] Section
322.26(2), Florida Statutes (2000), also provides for a permanent revocation of a driver's license in "any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses," subject to the ability to petitio...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7532
...onviction and the factual basis showing the use of the motor vehicle in the commission of the felony to the Department of Highway Safety and Motor Vehicles. [1] Upon receipt of such record, the Department must revoke the license of the operator. See § 322.26(3), Fla....
...tes. In contrast, judicial recommendations to the Department of Highway Safety and Motor Vehicles for revocations or suspensions of drivers' licenses for commission of a felony in which a motor vehicle was used is covered by section
377.27(1)(a) and section
322.26(3), which do not require a finding of the seriousness of the offense and the circumstances surrounding the conviction.
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134
cases cognizable in circuit court. See, e.g., §
322.26(3) and (4), Fla.Stat. (1985). However, where no
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18940
hospital. There is nothing in the statute, section
322.26, Florida Statutes (1977), which requires that
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2720, 2009 WL 886225
...1st DCA 2000) ("Whether the defendant has the requisite number of prior convictions to justify a permanent revocation is also for the Department."); Department of Highway Safety and Motor Vehicles v. Vogt,
489 So.2d 1168, 1170-1171 (Fla. 2d DCA 1986) ("[T]he revocation of a driver's license, which is mandatory under section
322.26, Florida Statutes (1983), when the holder of the license has been convicted of DUI, is not part of the sentence imposed for the DUI offense.......
