The 2023 Florida Statutes (including Special Session C)
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. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . See § 322.264, Fla. Stat. (2014). . . . "Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264 . . .
. . . habitual traffic offender to drive when his or her driver's license has been revoked pursuant to section 322.264 . . .
. . . privilege has been canceled, suspended, or revoked, except a "habitual traffic offender" as defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . temporary withdrawal of a licensee's privilege to drive a motor vehicle") (emphases added); see also § 322.264 . . . based on convictions for driving while his driving privilege was suspended or revoked, whereas section 322.264 . . . Section 322.34(5) provides that "[a]ny person whose driver license has been revoked pursuant to s. 322.264 . . .
. . . for “habitual traffic offenders” who drive with a driver license that has been revoked under section 322.264 . . . Statutes, provides the following:' Any person whose driver license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes, defines a habitual traffic offender as a person who has accumulated . . . Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264 . . . Section 322.264, Florida Statutes, provides the following: "Habitual traffic offender” defined. . . .
. . . charged under section 322.34(2)(c) because he was a “habitual traffic offender” as defined in section 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except, persons defined in s. 322.264 . . . Section 322.264 defines “habitual traffic offender.” . . . Section 322.34(5) provides that "[a]ny person whose driver license has been revoked pursuant to s. 322.264 . . . The Legislature might also want to consider whether section 322.264(l)(d) should be amended to expand . . .
. . . vehicle upon the highways of this state while his driver’s license had been revoked pursuant to s. 322.264 . . . maintained by the Department, reflects a specified number of convictions for specified traffic offenses. § 322.264 . . . The statute provides as follows: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .
. . . this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264 . . . Section 322.34(5), provides: (5) Any person whose driver license has been revoked pursuant to s, 322.264 . . . of separate acts: (d) Driving a motor vehicle while his or her license is suspended or revoked..,. § 322.264 . . .
. . . Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who . . .
. . . Latrice Cooper, was charged with Unlawful Driving as a Habitual Traffic Offender, as defined in section 322.264 . . .
. . . privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . See 322.264(l)(d), Fla. Stat. . The Fourth District issued its decision in Harvey on April 9, 1997. . . .
. . . . §§ 322.34(5), 322.264, Fla. Stat. (2008). . § 316.193(1), Fla. Stat. (2008). . . .
. . . Section 322.34(5) provides that ”[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes (2011), defines a "habitual traffic offender" as: [A]ny person whose . . . privilege has been canceled, suspended or revoked as provided by law, except persons defined in s. 322.264 . . . Having been designated a habitual traffic offender under s. 322.264(l)(d) as a result of suspensions . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . license or driving privilege was cancelled, suspended or revoked, pursuant to Florida Statutes, Section 322.264 . . . third-degree felony for a person to drive while his driver’s license is revoked pursuant to section 322.264 . . . Florida Statutes (2009) which provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes (2009), defines a “habitual traffic offender” as: [A]ny person whose . . . this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264 . . . severe criminal penalty for driving when one has “been designated a habitual traffic offender under s. 322.264 . . . I am also concerned that the majority’s reading of sections 322.264, 322.27(5) and 322.34(5) as operating . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . felony of the third degree.... (5) Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . Subsection (5) provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . of this state while such license is revoked is guilty of a felony of the third degree.... ” Section 322.264 . . .
. . . the Florida Department of Highway Safety and Motor Vehicles (the Department) as required by section 322.264 . . . section 322.34(5), which states: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . convicted under this statute, the defendant’s driver’s license must have been revoked pursuant to section 322.264 . . . Neary asserts, and properly so, that he does not qualify as a “habitual traffic offender” under section 322.264 . . . We conclude that if the records maintained by the Department pursuant to section 322.264 show that a . . .
. . . section 322.34(5), Florida Statutes (2005) (driving while license has been revoked pursuant to section 322.264 . . . However, the convictions that cause a driver to be classified as a habitual offender under section 322.264 . . .
. . . third-degree felony for driving without a license after her license had been revoked pursuant to section 322.264 . . . Having been designated a habitual traffic offender under s. 322.264(l)(d) as a result of suspensions . . . As previously noted, in order to be an habitual traffic offender pursuant to section 322.264, Florida . . .
. . . designate the requisite convictions to justify the habitual traffic offender designation under section 322.264 . . . appellant’s driving record which did not show that he was a habitual traffic offender as defined in section 322.264 . . .
. . . revoked because he had previously been designated as a habitual traffic offender pursuant to section 322.264 . . . does not apply to those who have been designated “habitual traffic offenders,” as defined in section 322.264 . . .
. . . . § 322.264(1) (2008) (any person who commits a traffic violation and has previously accumulated a specific . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . felony driving on a revoked license when (1) his “driver’s license has been revoked pursuant to s. 322.264 . . . Authorizing a revocation for a “habitual traffic offender,” section 322.264, Florida Statutes (2007), . . . Subsections (1) and (2) of section 322.264 specify the types of convictions that can give rise to the . . . on a suspended or revoked license and “any violation of s. 316.193” (driving under the influence). § 322.264 . . . driving record from the Department of Highway Safety and Motor Vehicles to prove the fact of a section 322.264 . . .
. . . . §§ 322.264, 322.34(5); 18 U.S.C. §§ 7, 13. After review, we affirm. I. . . . Stat. §§ 322.264(l)(d) and 322.34(5) and 18 U.S.C. §§ 7 and 13. . . . Stat. § 322.264(l)(d). . . . Stat. §§ 322.264(l)(d), 322.34(5), criminalize Wilkerson’s conduct and authorize five years of imprisonment . . .
. . . . § 322.264(2), Fla. Stat. (2001); see Webb v. State, 816 So.2d 1190 (Fla. 4th DCA 2002). . . .
. . . designated a habitual traffic offender requires the defendant to meet the criteria specified in section 322.264 . . . See § 322.264, Fla. Stat. (2000). . . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .
. . . . § 322.264, in violation of Fla. Stat. § 322.34(2), per 18 U.S.C. §§ 7, 13 (Count Two). . . . Stat. § 322.264. . . . Stat. § 322.264. The indictment, however, cites Fla. . . . 322.34(5) does, providing that “[a]ny person whose driver’s license has been revoked pursuant to [§ ] 322.264 . . .
. . . Section 322.34(5) provides as follows: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .
. . . . § 322.34(5) (“Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender . . .
. . . Section 322.34(5) provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264 defines habitual traffic offender as “any person whose record, as maintained by the Department . . .
. . . See § 322.264, Fla. Stat. (2006) (defining “habitual traffic offender”). Section 322.15(1), Fla. . . .
. . . appellant’s driving record which did not show that he was a habitual traffic offender as defined in section 322.264 . . . section 322.34(5), making it a felony for a person to drive with a license “revoked pursuant to s. 322.264 . . . (habitual offender),” the phrase “pursuant to” means “as defined by” section 322.264). . . . provides that “[a]ny person whose driver’s license has been revoked pursuant to [as defined by] s. 322.264 . . . Section 322.264 defines a habitual traffic offender as: any person whose record, as maintained by the . . .
. . . to determine whether appellant had been designated an habitual traffic offender pursuant to section 322.264 . . .
. . . Section 322.264 is the habitual traffic offender statute. . . .
. . . See §§ 322.264, .34(5), Fla. Stat. (2003). Mr. . . . had classified him as a habitual traffic offender and suspended his license as required by section 322.264 . . . section 322.34(5), which provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264 defines a “habitual traffic offender” as a person whose driving record, as maintained . . . Patterson does not challenge the validity of the civil disability imposed by sections 322.264 and 322.27 . . .
. . . 322.34(5), Florida Statutes, provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .
. . . . § 322.264, Fla. Stat. (2004). . Anders v. . . .
. . . Statutes (2003), provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . . is guilty of a felony of the third degree.... ” A “habitual traffic offender” is defined in section 322.264 . . .
. . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . . Section 322.264 provides, in pertinent part: A “habitual traffic offender” is any person whose record . . . Section 316.193 and the other earlier statutory provisions referred to in subsection (l)(b) of section 322.264 . . . was entered and adjudication was withheld is a conviction under the provisions set forth in section 322.264 . . . regardless of whether adjudication is withheld or imposed ... can be used to habitualize under section 322.264 . . .
. . . . §§ 322.264(1)(d), 322.341(5), Fla. Stat. (2004). . . .
. . . See §§ 322.264(l)(d), .34(5), Fla. Stat. (1999). . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . , 2002, at the time I was driving a vehicle my privilege to drive had been revoked pursuant to F.S. 322.264 . . .
. . . other hand, section 322.34(5) penalizes driving while one’s license is revoked pursuant to section 322.264 . . . 322.34(5) for driving while his license was revoked as a habitual traffic offender pursuant to section 322.264 . . . See § 322.264(1). . . . A person who drives while his or her license is revoked pursuant to section 322.264 may then be charged . . .
. . . charged by information with driving with a cancelled, suspended or revoked license pursuant to section 322.264 . . .
. . . Phillips, had been designated a “habitual traffic offender” in 1998 under section 322.264, Florida Statutes . . . , which makes it a third-degree felony for a person to drive with a license “revoked pursuant to s. 322.264 . . . court stated that section 322.34(5) was constitutionally deficient, because it referred to section 322.264 . . . the revocation of a driver’s license of a person who is designated a habitual offender under section 322.264 . . . the legislature simply amending the language therein by substituting section 322.27(5) for section 322.264 . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . Arnett, appeals his conviction for felony driving while his license was revoked pursuant to section 322.264 . . .
. . . 322.34(5), Florida Statutes (2001): Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . , arguing that he could not be considered a habitual traffic offender within the meaning of section 322.264 . . .
. . . driving after he had been designated a habitual traffic offender, in violation of sections 322.34 and 322.264 . . . section 322.34(5), provides that “[a]ny person whose driver’s license has been revoked pursuant to s. 322.264 . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . Statutes (2000), which provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264 defines a “habitual traffic offender” as having accumulated a certain number of specified . . . motor vehicle” within a five year period results in classification as a habitual traffic offender. § 322.264 . . . result from “[f]ifteen convictions for moving traffic offenses for which points may be assessed.” § 322.264 . . . Section 322.264 expressly contemplates that the same convictions may be counted to revoke a driver’s . . .
. . . dual offenses of (1) driving after his license had been revoked pursuant to Florida Statutes section 322.264 . . . pertinent part, section 322.34 provides: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . Here, the trial court found Franklin’s privilege to drive had previously been revoked pursuant to s. 322.264 . . . 322.34(2), which expressly does not apply to persons whose licenses have been revoked pursuant to s. 322.264 . . .
. . . Here, Arthur was charged with violating sections 322.34 and 322.264, Florida Statutes, because he was . . . Section 322.264, Florida Statutes, defines “habitual traffic offender” as “any person whose record, as . . .
. . . unlawfully driving a motor vehicle on a highway while his driver’s license had been revoked pursuant to § 322.264 . . . revoked based on the administrative declaration that he was a habitual traffic offender pursuant to § 322.264 . . . his motion to dismiss, ruling that: The First District’s decision in Huss is applicable to Section 322.264 . . . ruled that none of those charges may be used to enhance his charge to a felony pursuant' to sections 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . prior convictions but asserted that it could establish the guilt of the appellees pursuant to sections 322.264 . . . respect to an accused’s having been determined to be a habitual traffic offender pursuant to section 322.264 . . . We agree that when a driver has been deemed a habitual traffic offender pursuant to section 322.264 and . . . of Florida, while his driver’s license or driving privilege was revoked pursuant to Florida Statute 322.264 . . .
. . . section 322.34(5), which provides: “Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . three elements: (1) DMV had revoked defendant’s driver’s license as a habitual offender under section 322.264 . . . A revocation of a driver’s license under section 322.264 is done by DMV, the state agency charged with . . . See supra note 5, and § 322.264(l)(d), Fla. . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . .
. . . privilege has been canceled, suspended or revoked as provided by law, except persons defined in section 322.264 . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . conviction” within the meaning of section 322.01(10), which can be used to habitualize under section 322.264 . . .
. . . 1997), and felony driving while license suspended or revoked, a violation of sections 322.34(5) and 322.264 . . .
. . . privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . which provides in relevant part: “Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .
. . . properly convicted of “[djriving a motor vehicle while his ... license is suspended or revoked,” § 322.264 . . .
. . . this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264 . . . Florida Statutes (1997), which states: Any person whose driver’s license has been revoked pursuant to s. 322.264 . . . Section 322.264, Florida Statutes (1997), the “habitual traffic offender” section, provides, in pertinent . . . The Department’s authority to revoke an individual’s driver’s license pursuant to section 322.264 may . . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .
. . . 322.34(2) which states that .any person whose driver’s license has been revoked pursuant to section 322.264 . . . and December 1996, the state does not allege that his license had been revoked pursuant to section 322.264 . . .
. . . has charged Callins with felony driving with a suspended license, contrary to sections 322.34(5) and 322.264 . . .
. . . )(c) specifically prohibits persons who have been declared habitual traffic offenders under section 322.264 . . . KLEIN and HAZOURI, JJ., concur. . (5) Any person whose driver’s license has been revoked pursuant to § 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in § 322.264 . . .
. . . 1), but that because he had been previously classified as a habitual traffic offender under section 322.264 . . .
. . . 775.082, s. 775.083, or s. 775.084. (2) Any person whose driver’s license has been revoked pursuant to s. 322.264 . . .
. . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264 . . . conviction” within the meaning of section 322.01(10), which can be used to habitu-alize under section 322.264 . . .
. . . The defendant had already been declared a habitual traffic offender under section 322.264, and contends . . . preclude the state from charging a defendant, once declared a habitual traffic offender under section 322.264 . . . privilege has been canceled, suspended, or revoked as provided by law, except persons defined, in s. 322.264 . . . of the statute, section 322.34(1) is not applicable to a defendant once having been found a section 322.264 . . . Section 322.264, Florida Statutes (1995) reads, in pertinent part: A "habitual traffic offender” is any . . .
. . . privilege has been canceled, suspended, or revoked.as provided by law, except persons defined in s. 322.264 . . .
. . . determined that because appellee had been declared a habitual traffic offender pursuant to section 322.264 . . . On May 12, 1992, appellee was declared a habitual traffic offender pursuant to section 322.264(l)(d), . . . Appellee was declared a habitual traffic offender in 1992 under section 322.264(l)(d). . . .
. . . department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264 . . .
. . . Hagar was classified as an habitual traffic offender pursuant to section 322.264 of the Florida Statutes . . . certiorari proceeding in the circuit court — the proper remedy is by petition for writ of certiorari). . § 322.264 . . . department shall revoke the license of any person designated a habitual offender, as set forth in § 322.264 . . .
. . . See § 322.264(l)(b) and (d) and 4322.27(5) Fla.Stat. (1987). . . .
. . . for a violation of said statute if the person is an habitual traffic offender as defined in section 322.264 . . .
. . . [w]as a habitual traffic offender as defined in s. 322.264; or 3. . . .
. . . Was a habitual traffic offender as defined in § 322.264; or 3. . . . was neither suspended nor revoked, that she was not a habitual traffic offender as defined in section 322.264 . . .
. . . suspension upon a finding that a person has become a “habitual traffic offender” as defined in section 322.264 . . .
. . . Was a habitual traffic offender as defined in s. 322.264; or 3. . . .
. . . Under section 322.264(2), Florida Statutes (1983), a “habitual traffic offender” is defined as follows . . .
. . . Sections 322.264, .27, .31, Florida Statutes (1977). . . . Since 1972 Section 322.264, Florida Statutes (1977) has provided: A “habitual traffic offender” is any . . . The circuit court, considering that no “conviction” for purposes of Section 322.264 and .27 could occur . . . We find nothing in Sections 322.264 and .27 authorizing that distinction, which would appear to cancel . . .
. . . Section 322.264, Florida Statutes (1977), defines habitual traffic offender, in pertinent part, as a . . . the department “shall revoke the license of any person designated a habitual offender” under Section 322.264 . . .
. . . Brownstein’s petition for certiorari in the circuit court alleges that Sections 322.264, 322.27(5) and . . .
. . . . § 322.264. . . .
. . . The effect of that order was to initially pass upon the validity of Florida Statutes, Sections 322.264 . . .
. . . offenses during a five year period so as to become an Habitual Traffic Offender as defined under § 322.264 . . .
. . . In its opinion, the District Court passed upon the validity of Sections 322.264 (Habitual traffic offender . . . The hearing officer found that Appellant was in violation of Section 322.264, Florida Statutes, F.S.A . . . In the District Court, Appellant challenged the constitutionality of Sections 322.264 and 322.27(5), . . . department shall revoke the license of any person designated an habitual offender, as set forth in section 322.264 . . . Section 322.264, Florida Statutes, F.S.A. . Section 322.27 (2) (d), Florida Statutes, F.S.A. . . . .
. . . years as a result of his having been classified as an habitual traffic offender pursuant to Section 322.264 . . . The former statutory provision provides in material part the following: “322.264 Habitual traffic offender . . . department shall revoke the license of any person designated an habitual offender, as set forth in section 322.264 . . .
. . . 5), F.S.A.) wherein petitioner is designated as an habitual traffic offender, as defined in Section 322.264 . . . Petitioner contends that the provisions of Section 322.264, the habitual traffic offender law, are ex . . .
. . . . § 322.264, F.S.A., and as appellant admittedly is, is not entitled to have his driving privileges restored . . .
. . . . § 322.264 and Fla. . . . directed to the alleged unconstitutionality of the statutes is appellant’s contention that Fla.Stat. § 322.264 . . . It should be noted that Fla.Stat. § 322.264(2), F.S.A., in setting the conditions for revoking a license . . .