CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2000 WL 668488
...The department 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.
322.271. (emphasis added). However, in referring specifically to the revocation provided for in the above subsection, section
322.271(1)(b), Florida Statutes (1997), states: (b) A person whose driving privilege has been revoked under s....
CopyCited 15 times | Published | Supreme Court of Florida
...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. Section 9 amends section
322.271, Florida Statutes, which deals with petitions for reinstatement of driving privileges....
CopyCited 10 times | Published | Supreme Court of Florida
...By the statute the Legislature enumerated the various types of offenses which would support a suspension. It also provided for each conviction a stipulated number of points which shall be recorded in arriving at the total during any specific period. By Section 322.271, Florida Statutes, F.S.A., the Department of Public Safety is required to notify a licensee immediately upon the entry of a suspension order....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 17, 2002 WL 10071
...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. Section 9 amends section
322.271, Florida Statutes, which deals with petitions for reinstatement of driving privileges....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453
...(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.
322.271." §
322.27(5), Fla....
...Crain has any sort of statutory privilege to drive; instead, it argues that all individuals have a due process right in the privilege to obtain a driver's license. [5] The Second District reasoned that, since the Legislature used the term "driving privilege" in section
322.271(1)(b) when referring to section
322.27(5), which uses the term "driver's license," the Legislature intended the terms "to mean the same thing and to apply equally to either situation." Carroll v....
...Bletcher,
763 So.2d 1277, 1278 (Fla. 5th DCA 2000) (reversing trial court's dismissal of charge under section
322.34(5), citing Carroll ); see also Newton v. State,
898 So.2d 1133 (Fla. 4th DCA 2005) (per curiam affirmance citing Carroll and Bletcher ). [6] For example, section
322.271(1)(b), Florida Statutes (2009), which is referenced in section
322.27(5), provides that a "person whose driving privilege has been revoked under s....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 15487, 2002 WL 31373750
...der by the Department of Highway Safety and Motor Vehicles cancelling his driver's license. We deny the petition. Cantrall's driver's license was revoked in August 1988 after his fourth conviction for driving under the influence (DUI). At that time, section 322.271(4), Florida Statutes (1987), provided that he could apply for a driver's license after ten years if he met certain conditions, such as no intervening convictions requiring mandatory license revocation. Effective July 1, 1998, however, the legislature amended section 322.271(4) and removed the language that would have allowed a four-time DUI offender to obtain a driver's license....
CopyCited 5 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 434, 2008 Fla. LEXIS 1221, 2008 WL 2608621
...Section
322.28(2)(e), Florida Statutes (2000), required that "[t]he court shall permanently revoke the driver's license or driving privilege of a person who has been convicted four times" for this offense. After his 2000 conviction, therefore, Lescher's license was permanently revoked. Section
322.271(4), Florida Statutes (1997), formerly provided that drivers whose licenses had been permanently revoked under section
322.28(2)(e) could, after five years, petition for reinstatement of the "driving privilege." [1] A petitioner had *1080 to establish that he qualified. The Department of Highway Safety and Motor Vehicles (Department or DHSMV) then had the "discretion" to issue a "hardship license" with specific restrictions. See §
322.271(4), Fla. Stat. (1997). [2] In 1998 before Lescher's license was revokedthe Legislature amended this provision by eliminating the eligibility for hardship licenses for drivers with four DUI convictions. See
322.271(4), Fla....
...Dep't of Highway Safety & Motor Veh'ls,
946 So.2d 1140, 1142 (Fla. 4th DCA 2006). However, noting that the court had "a number" of similar petitions and "anticipat[ing] that other districts will also," the court certified the following question as one of great public importance: Does the amendment to section
322.271(4), Florida Statutes, which eliminated hardship driver's licenses effective July 1, 2003, violate the prohibition *1081 against ex post facto laws as to persons who could have applied for a hardship license before the amendment became effective? Id....
...t sections of the Florida Civil Restitution Lien and Crime Victims' Remedy Act did not operate as a criminal punishment). We now apply this analysis to the DUI permanent revocation provision, section
322.28(2)(e), and the hardship license provision, section
322.271(4)....
...We address each factor in turn. 1. Affirmative Disability or Restraint The first factor is whether the sanction involves an affirmative disability or restraint. Hudson,
522 U.S. at 99-100,
118 S.Ct. 488. Neither section
322.28(2)(e) (the license revocation provision) nor section
322.271(4) (the hardship license provision) imposes an affirmative disability as the Supreme Court has applied this factor....
...at 99-100,
118 S.Ct. 488. Section
316.193 specifies that a fourth conviction for DUI constitutes a third-degree felony. Thus, the requirement of permanent license revocation upon a driver's fourth DUI conviction is based on criminal behavior. Further, section
322.271(4) now contains no provision for such a felon to obtain a hardship license....
...protecting the public. Nor is the felonious nature of a fourth DUI conviction sufficient to convert this civil remedy into a criminal punishment. Therefore, the petitioner has failed to show by the "clearest of proof" that sections
322.28(2)(e) and
322.271(4) are "so punitive either in purpose or effect as to negate th[e] intention" of imposing a civil penalty thus effecting a civil remedy. Ward,
448 U.S. at 249,
100 S.Ct. 2636. [5] III. CONCLUSION The Fourth District asked whether the elimination of the availability of hardship licenses from section
322.271(4) for drivers with four DUI convictions constitutes an ex post facto law....
...316.193 may, upon the expiration of 5 years after the date of such revocation or the expiration of 5 years after the termination of any term of incarceration under s.
316.193 or former s. 316.1931, whichever date is later, petition the department for reinstatement of his or her driving privilege. §
322.271(4), Fla....
...[2] The petitioner had to demonstrate to DHSMV that in the last five years, (1) he had not been arrested for a drug-related offense, (2) had not driven a motor vehicle, (3) had been drug- and alcohol-free, and had completed an approved DUI program. § 322.271(4), Fla....
...5th DCA 2002) ("Once reenacted by way of an adoption act as a portion of the Florida Statutes, a chapter or session law is no longer subject to challenge on the grounds that it violates the single subject requirement."), aff'd,
842 So.2d 782 (2003). [4] Section
322.271(4), Florida Statutes (2005), reads as follows: (4) Notwithstanding the provisions of s....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2004 WL 1877725
...pursuant to section
322.28 Florida Statutes, because he had been convicted of driving under the influence (DUI) four times. The 1991 through 1997 versions of the statute permitted Fountain to request reinstatement upon meeting certain criteria. See §
322.271(4)(a), Fla....
...d of four DUIs could no longer have driving privileges for any reason. See §
322.28(2)(e), Fla. Stat. (Supp.1998). In March 2003, the Florida Supreme Court ruled chapter 98-223, Laws of Florida, which created, in part, the 1998 versions of sections
322.271 and
322.28, Florida Statutes, violated the single subject rule....
...ment to issue the license. *302 Based on the plain language of the 1997 version of the statute, it is within the Department's discretion to decide whether to reinstate the license of a petitioner who meets the statutorily specified requirements. See § 322.271(4)(a)-(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14399, 2009 WL 3047325
...Dickenson,
906 So.2d 316, 318 (Fla. 1st DCA 2005); Dickenson v. Aultman,
905 So.2d 169, 171-72 (Fla. 3d DCA 2005); Doyon v. Dept. of Highway Safety & Motor Vehicles,
902 So.2d 842, 844 (Fla. 4th DCA 2005). In response to these cases, the legislature enacted section
322.2715, Florida Statutes (2005). Among other things, this provision authorized the Department to require the installation of the device whenever the sentencing court failed to order its mandatory placement. See §
322.2715(4), Fla....
...UI offenders to install the device cannot be considered part of their criminal sentences. See Embrey v. Dickenson,
906 So.2d at 318 (finding the Department lacked the independent authority to impose [this] criminal punishment prior to the passage of section
322.2715); Dickenson v....
...vil Procedure 1.220(a) have been met, including numerosity, commonality, and typicality. [3] We note that the Department currently can require the device on convicted DUI offenders if the sentencing court fails to order its mandatory placement ( see § 322.2715(4)) or upon review of the offender's application for license reinstatement ( see § 322.271(2)(d))....
...certainly to anything other than damages. A second DUI conviction for which the trial court should have required the device does not alter the fact that the Department had no such authority with regard to persons convicted before July 1, 2005, when section 322.2715, Florida Statutes (2005), took effect....
...Appellants also alleged that class members who committed their offenses of driving under the influence prior to July 1, 2005, and who were not required by any court to use an ignition interlock device, could not be required by the Department to install such devices pursuant to section 322.2715(4), Florida Statutes (2005)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1992 WL 7213
...or regulated by the Department of Health and Rehabilitative Services. However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined by § 322.271, if the person is otherwise qualified for such license....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 873, 2005 WL 236084
...However, the applicable law is the law in effect at the time the application for license reinstatement is made. Cantrall v. Dep't of Highway Safety & Motor Vehicles,
828 So.2d 1062, 1063 (Fla. 2d DCA 2002). As Hill's application was made in April 2004, the law in effect at that time was section
322.271(4), Florida Statutes (2003), which provides: [A] person whose driving privilege has been permanently revoked because he or she has been convicted of DUI manslaughter in violation of s....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 3733197
...He applied for reinstatement of his license on hardship grounds on August 3, 2005, as authorized by a statute which is no longer in effect. His application was denied administratively and upheld by the circuit court. We deny his petition for certiorari. In the past, section 322.271(4), Florida Statutes, authorized a person whose license had been revoked for four or more DUI's to seek a hardship license after five years of revocation of the license....
...violating the single subject requirement of the Florida Constitution. Art. III, § 6, Fla. Const.; Fla. Dep't of Highway Safety & Motor Vehicles v. Critchfield,
842 So.2d 782 (Fla.2003). The legislature then adopted the provision as an amendment to section
322.271(4), effective July 1, 2003....
...al as an ex post facto law. Because we are seeing a number of petitions raising this issue, and anticipate that other districts will also face the same issue, we certify the following question as one of great public importance: Does the amendment to section 322.271(4), Florida Statutes, which eliminated hardship driver's licenses effective July 1, 2003, violate the prohibition against ex post facto laws as to persons who could have applied for a hardship license before the amendment became effective? Petition for Certiorari Denied....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...hird conviction for driving under the influence in violation of section
316.193, Florida Statutes. Some two years later, he became eligible "for reinstatement of his driving privilege" on a basis "restricted to business or employment purposes only." §
322.271(2)(b), Fla. Stat. (1993). Once reinstated, petitioner had "to be supervised by a DUI program licensed by the department, and to report to the program at least three times a year." §
322.271(2)(b), Fla....
...In re Amendments to the Florida Rules of Traffic Court,
621 So.2d 1063 (Fla. 1993). Effective January 4, 1995, DHSMV adopted administrative rules supplanting the prior Florida Rules of Traffic Court, viz., Florida Administrative Code Rules 15A-10.000, et seq. §§
322.271(4)(e) and
322.292(2)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 611015
...Johnson after the Department of Highway Safety and Motor Vehicles refused his request for licensure reinstatement. The trial court granted Johnson's motion for summary judgment and subsequently entered a final declaratory judgment in his favor, holding that the amended version of section 322.271(4), Florida Statutes (1997), is void ab initio and that the general reenactment of the Florida Statutes by chapter 03-25, Laws of Florida, did not cure the single subject defect in chapter 98-223. In so holding, the trial court declared as a matter of law: "(1) the version of Fla. Stat. § 322.271 that existed prior to the enactment of Chapter 98-223 is currently in effect; and (2) the Plaintiff [Johnson] is not statutorily precluded from seeking reinstatement of his driving privileges based solely on the fact that he has four convictions for DUI." We will now explain why we must reverse....
...lcohol, and on January 14, 1993, his driver's license was permanently revoked pursuant to section
322.28(2)(e), Florida Statutes. Sometime thereafterthe record does not reveal the dateJohnson petitioned to have his license reinstated pursuant to section
322.271(4), Florida Statutes (1997), which provided that a person whose driver's license was permanently revoked under section
322.28(2)(e) was permitted, "upon the expiration of 5 years after the date of such revocation . . . [to] petition the department for reinstatement of his or her driving privilege." The impediment to Johnson's petition is the fact that in 1998, the Legislature enacted chapter 98-223, which amended section
322.271(4) by deleting the portion of the statute that allowed a person with four DUI convictions, such as Johnson, to apply for reinstatement of his driving privileges....
...Confederation of Sw. Fla., Inc. v. State,
852 So.2d 349, 350 (Fla. 1st DCA 2003); see also Lescher v. Dep't of Highway Safety & Motor Vehicles,
946 So.2d 1140, 1141 (Fla. 4th DCA 2006) ("The legislature then adopted the provision as an amendment to section
322.271(4), effective July 1, 2003."), review granted,
949 So.2d 198 (Fla.2007). Hence, we must determine whether the Legislature's *1120 subsequent reenactment of chapter 98-223, which included the amended version of section
322.271(4), cured the single subject rule violation....
...See Lescher,
946 So.2d at 1141-42; Rothauser,
934 So.2d at 19-20; Gorman v. State,
927 So.2d 1043 (Fla. 4th DCA 2006); State, Dep't of Highway Safety & Motor Vehicles v. Fountain,
883 So.2d 300 (Fla. 1st DCA 2004); Gillman v. State,
860 So.2d 1099 (Fla. 1st DCA 2003). Accordingly, the amended version of section
322.271(4) became effective on July 1, 2003, and Johnson had a window period, which closed on that date, to obtain reinstatement of his license from the Department....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...fact, was the recipient of fifteen moving traffic offenses within the applicable time period. He cannot attack the sufficiency of the convictions themselves. See Reese v. Kassab, supra . [6] A prehearing should not be confused with that provided in § 322.271 in which all those whose licenses have been suspended or revoked, excepting habitual traffic offenders, are permitted a hearing for the purpose of attempting to have their licenses restored on a restricted basis due to hardship....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 176423
...In this declaratory judgment action, the Department of Highway Safety and Motor Vehicles (the Department) appeals a final summary judgment which requires the Department to consider appellee Robert Gaskins' request to have his driving privilege reinstated. Because the current version of section 322.271(4), Florida Statutes (2004), is applicable and does not allow someone with Gaskins' record to apply for reinstatement, we reverse the final summary judgment....
...n January 14, 1991, all being violations of section
316.193, Florida Statutes. The Department permanently revoked Gaskins' driving privilege, effective January 14, 1991, pursuant to section
322.28(2)(e), Florida Statutes (1991). In 1996, pursuant to section
322.271(4), Florida Statutes (1995), Gaskins sought, and the Department granted, reinstatement of his driving privilege for business purposes only. In this declaratory action Gaskins is seeking an order allowing him to petition the Department for unqualified reinstatement of his driving privilege. *644 The parties dispute whether section
322.271(4) contemplates unqualified reinstatement for someone whose driving privilege has been permanently revoked. However, even if section
322.271(4) allows for unqualified reinstatement, based on Gaskins' record and the current version of section
322.271(4), Gaskins is not entitled to petition for any reinstatement, restricted or unrestricted. Gaskins contends that the 1995 version of section
322.271(4) is applicable and allows someone with his record of two DUI convictions and one DUI manslaughter conviction to seek reinstatement upon the expiration of five years after the date of the revocation, on certain enumerated conditions. The current version of section
322.271(4), however, does not allow someone with Gaskins' driving record to seek reinstatement at all. The Department points out that in Florida Department of Highway Safety & Motor Vehicles v. Critchfield,
842 So.2d 782, 785 (Fla.2003), the Florida Supreme Court held that chapter 98-223, Laws of Florida, the 1998 amendment to section
322.271(4), violates the single subject rule....
...of Highway Safety & Motor Vehicles v. Fountain,
883 So.2d 300, 301 (Fla. 1st DCA 2004). The legislature cured the defect when it "reenacted the 1999 version of the Florida Statutes, effective July 1, 2003." Id. at 301 n. 1. Thus, as of July 1, 2003, section
322.271(4) specifically provided as follows: (4) Notwithstanding the provisions of s....
...r the date of such revocation or the expiration of 5 years after the termination of any term of incarceration under s.
316.193 or former s. 316.1931, whichever date is later, petition the department for reinstatement of his or her driving privilege. §
322.271(4), Fla. Stat. (2003) (emphasis added). Because Gaskins has a DUI manslaughter conviction and two prior DUI convictions, he is ineligible to petition for reinstatement under this version of section
322.271(4)....
...Id. at 1063 (quoting Lavernia v. Dep't of Prof'l Regulation, Bd. of Med.,
616 So.2d 53, 53 (Fla. 1st DCA 1993)). Thus, if Gaskins were to file a petition for reinstatement, the Department would be precluded from considering a reinstatement based on section
322.271(4), Florida Statutes (2004), because Gaskins has a DUI manslaughter conviction and two DUI convictions....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31323248
...The Department of Highway Safety and Motor Vehicles (DHSMV) seeks certiorari review of the writ of certiorari issued by the circuit court allowing Joanne Scinta to apply for a hardship driver's license and directing the DHSMV to afford her a full and fair hearing utilizing the 1997 version of section 322.271(4), Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 2508711
...EN BANC PER CURIAM. Ott Cornelius, II, seeks review of an order denying his Florida Rule of Criminal Procedure 3.850 motion. At issue is Cornelius's challenge to his plea as involuntary in light of the Legislature's enactment, effective July 1, 1998, of section 322.271, Florida Statutes, which prevents persons with lifetime driver's license suspensions from applying for work permit licenses. § 322.271, Fla....
...As part of his change of plea, he agreed to a lifetime revocation of his driver's license. In the rule 3.850 motion under review, Cornelius alleges that he did so because counsel advised him that he could apply for a work permit license after five years. This was a correct statement of law at the time. See § 322.271(2)(b), Fla....
...Thus, the court informed him of the direct consequence of his plea. See Daniels v. State,
716 So.2d 827 (Fla. 4th DCA 1998). Effective July 1, 1998, the Legislature changed the law to eliminate the opportunity to apply for a work permit license for individuals with lifetime suspensions. See §
322.271, Fla....
...STEVENSON, C.J., GUNTHER, STONE, WARNER, POLEN, FARMER, SHAHOOD, GROSS, TAYLOR, HAZOURI, MAY, JJ., concur. KLEIN, J., concurs specially with opinion. KLEIN, J., concurring specially. I agree entirely with the majority opinion. I am writing to point out that section 322.271, Florida Statutes (Supp.1998) may, as applied to Cornelius, violate the ex post facto provision of the Florida Constitution, Article I, section 10....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 1742046
...occur before license deprivation. In fact, Davis concedes this point in his response to the Department's petition to this court. We note that upon receipt of the order canceling his license, Davis could have requested an administrative hearing under section 322.271, Florida Statutes. The Department is required to hold such a hearing within 30 days of its receipt of the request. See § 322.271(1)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1021559
...ense in "any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses," subject to the ability to petition the Department of Highway Safety and Motor Vehicles for reinstatement after five years, pursuant to section 322.271(4), Florida Statutes (2000).
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 1827631
...Dep't of Highway Safety & Motor Vehicles,
891 So.2d 1202, 1203 (Fla. 4th DCA 2005) (citing Cantrall v. Dep't of Highway Safety & Motor Vehicles,
828 So.2d 1062 (Fla. 2d DCA 2002)). We certify the same question that this court certified in Lescher: Does the amendment to section
322.271(4), Florida Statutes, which eliminated hardship driver's licenses effective July 1, 2003, violate the prohibition against ex post facto laws as to persons who could have applied for a hardship license before the amendment became effective?
946 So.2d at 1142....
CopyCited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 655, 2009 Fla. LEXIS 2016, 2009 WL 4347311
...Federal military employees, their dependents, and retired military personnel who attend a federal military DUI program shall be subject to the assessment. In addition, effective October 1, 1986, second and third offenders evaluated for eligibility for restricted licenses pursuant to section 322.271(2)(b), Florida Statutes, shall be assessed $10 upon enrollment in the program and upon each subsequent anniversary date of such enrollment for the duration of the restricted license period....
CopyCited 1 times | Published | District Court of Appeal of Florida
“driver license or learner’s driver license”); §
322.271(1)(b), Fla. Stat. (2016) (stating, “[a] person
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670
eligibility for restricted licenses pursuant to section
322.271(2)(b), Florida Statutes, shall be assessed
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 5033392
...December 26, 2009. The
transcript of her driving record shows that she was charged with driving with a
revoked license as a result of the incident. In denying respondent’s request for
reinstatement, the hearing officer noted the requirement in section 322.271, Florida
Statutes, that there be no driving for five years prior to a reinstatement hearing.
Respondent filed a certiorari petition with the circuit court challenging the hearing
officer’s order....
...In its order granting the petition and quashing the hearing officer’s
order, the circuit court detailed respondent’s reasons for seeking reinstatement of her
license and found that the hearing officer did not make any determination with respect
to respondent’s qualifications, fitness, or need to drive as required by section 322.271.
The circuit court denied the Department’s motion for rehearing....
...uit court applied the correct
law; and (2) whether the circuit court afforded procedural due process. State, Dep’t of
Highway Safety & Motor Vehicles v. Edenfield,
58 So. 3d 904, 906 (Fla. 1st DCA
2011).
The pertinent law in this case is section
322.271(5), Florida Statutes (2012),
which provides in part:
[A] person whose driving privilege has been permanently revoked
because he or she has been convicted four or more times of violating s.
316.193 or former s....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7228
use of their license for business purposes. Section
322.271, Florida Statutes, F.S.A. We cannot amend the
CopyPublished | Florida 2nd District Court of Appeal
419. To reach that conclusion, we relied on section
322.271(1)(b), Florida Statutes
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8151
traffic offender, the Legislature also amended §
322.271 to exclude those persons whose licenses had been
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 455625
...(2)(C),
which provides in part that “[w]hen an agency has suspended or revoked a license
other than on an emergency basis, a licensee may file with the court a motion for
stay on an expedited basis.”
The Department relies upon sections
322.271(5)(c) and
322.28(5), Florida
Statutes (2015), in support of its argument that the trial court lacked authority to stay
Respondent’s dismissal from the SSSP and the cancellation of his hardship license.
Section
322.271 is entitled “Authority to modify revocation, cancellation, or
3
suspension order.” Subsection (5) of the statute provides in part:
[A] person whose driving privilege has been per...
...mes of violating s.
316.193 [addressing DUI offenses] or former s. 316.1931 may, upon
the expiration of 5 years after the date of the last conviction . . . petition
the department for reinstatement of his or her driving privilege.
§
322.271(5), Fla. Stat. (2015). The Department may “reinstate” a “petitioner’s
driver license.” §
322.271(5)(b), Fla. Stat. (2015). One of the reinstatement
qualifications is that the “petitioner must be supervised by a DUI program licensed
by the department . . . .” §
322.271(5)(b)2., Fla. Stat. (2015). Supervision must
include “evaluation, education, referral into treatment, and other activities required
by the department.” Id. Section
322.271(5)(c) provides, “The petitioner must
assume the reasonable costs of supervision....
...We find the Department’s reliance upon Begley misplaced as this case does
not involve section
322.2615. As for section
322.28(5), that statute does not
expressly apply to hardship or restricted licenses and participation in and dismissal
from DUI programs. Nor does it cite to section
322.271 as it does sections
322.2615
and
322.2616. We note also that section
322.28(5) speaks to the revocation and
suspension of a person’s driving privilege, not the cancellation of such as does
section
322.271(5)(c). While section
322.271(5)(d) provides that the department
shall revoke a person’s driving privilege if the person, after license reinstatement, is
convicted of an offense for which mandatory revocation is required, this case
involves subsection (5)(c) and the cancellation of a hardship license. We also find
it significant that section
322.271 does not expressly prohibit stays as do section
322.28(5) and other statutes in chapter 322....
...Inc. v. Frank J. Rooney, Inc.,
654 So. 2d 911, 914 (Fla. 1995). While the issue in this case involves two different
statutory provisions contained in the same act instead of two different subsections
within the same statute, the fact remains that section
322.271 contains no express
prohibition on a stay of a dismissal from a DUI program and a cancelled hardship or
restricted license upon an appeal or review proceeding.
Based upon the foregoing, we conclude that the trial court did not depart from
the essential requirements of the law in issuing a stay....
...In reaching our conclusion,
we are mindful that chapter 322 “shall be liberally construed to the end that the
greatest force and effect may be given to its provisions for the promotion of public
safety.” §
322.42, Fla. Stat. (2015). However, we may not add words to section
322.271 that were not included therein by the Legislature, and we decline to apply
section
322.28(5) to the dismissal from a DUI program and cancellation of a
hardship license for the reasons stated herein....
CopyPublished | Florida 3rd District Court of Appeal | 2006 WL 398628
...evice because the DMV did not have a court order requiring installation. The DMV moved for rehearing which was denied. The DMV filed the instant petition for writ of certiorari and this court consolidated both proceedings under case number 3D05-511. Section
322.271(2)(d), Florida Statutes (2003) allows the DMV to require use of an ignition interlock device upon review of an application for license reinstatement, as follows: "The department, based upon review of the licensee's application for reinstatement, may require use of an ignition interlock device pursuant to s.
316.1937." §
322.271(2)(d), Fla....
...The statute also provides that "[ u]pon such hearing [to review the petition for reinstatement] the department shall either suspend, affirm, or modify its order and may restore to the licensee the privilege of driving on a limited or restricted basis for business or employment use only." [e.s.] § 322.271(3), Fla....
...he hearing. Gonzalez argues that the DMV lacked the authority to require the installation of a device absent a court order, and relies on Dickenson v. Aultman for that proposition. See Dickenson v. Aultman,
905 So.2d 169 (Fla. 3d DCA 2005). However, section
322.271(2)(d) was not raised or addressed in Dickenson, and that statute clearly allows the DMV to order an ignition interlock device upon review and grant of a license reinstatement application....
...The absence of a court order mandating placement of the interlock device upon Gonzalez' 1997 conviction would not prevent the DMV from requiring the device at the time of Gonzalez' application for reinstatement. The DMV clearly has the legislated authority to do so under section 322.271(2)(d), Florida Statutes (2003)....
CopyPublished | Florida 4th District Court of Appeal | 2001 WL 1614144
...that he could apply for a work permit license after five years despite the lifetime suspension. When Bilogan applied for his permit he learned that effective July 1, 1998, an individual with a lifetime suspension cannot apply for a work permit. See § 322.271, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2007 WL 4320756
...lorida driver's license pursuant to section
322.28, Florida Statutes. We affirm the trial court's ruling on this point. However, the trial court also concluded that the appellant was not entitled to request a restricted, hardship license pursuant to section
322.271, Florida Statutes. Because the appellant did not seek a ruling on his right to pursue such a license, the trial court erred in addressing this question. The portion of the order addressing the appellant's right to pursue a restricted, hardship license pursuant to section
322.271, Florida Statutes, is therefore stricken....
