The 2023 Florida Statutes (including Special Session C)
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. . . provided does not support the emergency nature of her medical condition and meet the criteria in MAH 322.34 . . . (MAH § 322.34.) . . . application "[did] not support the emergency nature of her medical condition and meet the criteria in MAH 322.34 . . . MAH 322.34 refers to the DHS Medical Assistance Eligibility Handbook ("MAH") provision that states, in . . .
. . . See Gil , 118 So.3d at 798 (holding that dual prosecutions under section 322.34(2) and 322.34(5) are . . .
. . . negligently causing serious bodily injury while driving on a canceled, suspended, or revoked license, see § 322.34 . . . or negligently operating a motor vehicle while causing death or serious bodily injury under section 322.34 . . .
. . . As a result, the officer arrested appellant for a "violation of F.S.S. 322.34(5), driving while license . . . officer also issued a traffic citation for "DRIVING WHILE LICENSE SUSPENDED OR REVOKED" under section 322.34 . . . body of the information alleged that appellant drove with a revoked license in violation of section 322.34 . . . However, the judgment cites section 322.34(5), Florida Statutes, as the "offense statute number," and . . . The offense of driving with a suspended license is set forth in section 322.34(2), Florida Statutes, . . .
. . . with a suspended license while an habitual traffic offender, a third degree felony pursuant to section 322.34 . . .
. . . The State charged Floyd with violating section 322.34(5), which provides that "[a]ny person whose driver . . . habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34 . . .
. . . . § 322.34(5), Fla. Stat. (2004). . . . in Miller held that a defendant, who never obtained a license, could not be convicted under section 322.34 . . . Miller is an evolutionary refinement in how section 322.34(5), Florida Statutes, should be interpreted-not . . .
. . . Appellant knowingly drove with a suspended or revoked license in violation of and as defined by section 322.34 . . . to knowledge of the cancellation, suspension, or revocation; or the person received notice ...." § 322.34 . . .
. . . . §§ 322.03(1), 322.34(2), 322.39(2), 775.082(4)(b), 775.083(1)(e). . . .
. . . REVERSED and REMANDED with instructions to vacate Appellant's convictions under section 322.34(2)(b), . . .
. . . Myers was charged with a violation of section 322.34(5), Florida Statutes (2012), which makes it a third-degree . . . Fla. 2017) ("[P]ossession of a driver license is a prerequisite to a conviction pursuant to section 322.34 . . . possessed a driver's license could ever be lawfully charged and convicted of a violation of section 322.34 . . . State, 761 So.2d 417 (Fla. 2d DCA 2000) (upholding a conviction under section 322.34(5) even though the . . . concluding that possession of a driver's license was required to support a conviction under section 322.34 . . .
. . . license was suspended, he arrested the Defendant for driving while license suspended, in violation of § 322.34 . . .
. . . (1) or section 322.34(2), Florida Statutes ? . . . See § 322.34(2), Fla. Stat.; see also Finney , 219 So.3d at 256. . . . (1) or section 322.34(2). . . . Unlike section 322.34(2), which speaks only of a "driver license or driving privilege," section 322.34 . . . See § 322.34(6), Fla. . . .
. . . manslaughter and DWLS as long as the latter charge was not enhanced for causing death as provided in section 322.34 . . . See § 322.34(6), Fla. Stat. (2014). . . . ." § 322.34(3), Fla. Stat. (1991) (emphasis added); § 322.34(6), Fla. . . .
. . . 893] and amended in 2017. 28.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE § 322.34 . . . See § 322.251(1), (2), and§ 322.34,(2), (3),(4), Fla. Stat. . . . See § 322.34(2) and § 322.251(1), (2), Fla. Stat. . . . prmileger Lesser Included Offenses DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED, WITH KNOWLEDGE — § 322.34 . . .
. . . See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812.014, 843.02, Fla. Stat. (2015). . . . State, 621 So.2d 729, 732 (Fla. 5th DCA 1993) (quoting § 322.34(3), Fla. . . .
. . . See §§ 322.34(5), 775.082(3)(d), Fla. Stat. (2009). . . .
. . . Background On May 21, 2014, Daryl Miller was charged with violating section 322.34(5), Florida Statutes . . . Section 322.34(5), Florida Statutes, provides the following:' Any person whose driver license has been . . . Consequently, a person cannot violate section 322.34(5) without ever having obtained a driver license . . . However, statutory construction is inappropriate because section 322.34(5) is not ambiguous. . . . Even if section 322.34(5) were ambiguous as the State contends, the canons of statutory construction . . . case, the State has agreed that even if it were to prevail here and the charged violation of section 322.34 . . . to be reinstated against Miller, it will not continue to prosecute Miller for a violation of section 322.34 . . . The question of whether Miller can be convicted of violating section 322.34(5) therefore is now moot. . . .
. . . the order denying his motion to dismiss the amended information charging him with violating section 322.34 . . . Background Finney was originally charged with violating section-322.34(5), but the trial court granted . . . The State thereafter filed an amended information charging Finney under section 322.34(2)(c) for driving . . . Finney again moved to dismiss, arguing that he could not be charged under section 322.34(2)(c) because . . . on the fact that such offenders are subject to prosecution under section 322.34(5). . . .
. . . section 893.147(1), Florida Statutes (2014), and driving on a suspended license in violation of section 322.34 . . .
. . . charged and convicted of felony driving with a suspended or revoked license in violation of section 322.34 . . .
. . . See § 322.34(6)(b), Fla. Stat. (2010). . . .
. . . adjudicate her guilty of “[d]riving while license suspended, revoked, canceled, or disqualified,” § 322.34 . . . State, No. 2D14-4680, 2016 WL 3607204, at *6 (Fla. 2d DCA July 6, 2016) (en banc) (“Because sections 322.34 . . . The plain meaning of section 322.34 is that a person may be prosecuted only when his or her driver’s . . .
. . . Donald Burgess challenges his conviction and sentence for violating section 322.34(5), Florida Statutes . . . For the reasons that follow, we now recede from Carroll, conclude that a conviction under section 322.34 . . . Burgess argues that we should reconsider our holding in Carroll and hold that section 322.34(5) applies . . . On its face, section 322.34(5) created an offense that can only be committed when a defendant who was . . . The legislature did not do so with respect to section 322.34(5). . . . .
. . . Sentence: 304.58 months Jail Credit: 4 days Case 11-1374 Felony Driving with a Suspended License; § 322.34 . . .
. . . Daryl Miller' was charged with violating section 322.34(5) of the Florida Statutes titled “[d]riving . . . See § 322.34(5), Fla. Stat. (2014). . . . State, 79 So.3d 118, 122 (Fla. 1st DCA 2012) (reversing a conviction under section 322.34(5) and remanding . . . as a matter of law that having, at some time, a Florida driver’s license is an element of a section 322.34 . . . Section 322.34(5), provides: (5) Any person whose driver license has been revoked pursuant to s, 322.264 . . .
. . . with a driver’s license that was suspended, cancelled or revoked, in violation of Florida Statute § 322.34 . . .
. . . Florida while his driver’s license was revoked as a habitual traffic offender in violation of section 322.34 . . .
. . . double jeopardy prohibits dual convictions for driving with a suspended license in violation of section 322.34 . . . 5th DCA 2000) (“In other words, section 322.03(1) is a" necessary lesser included offense of section 322.34 . . .
. . . arrested Appellee for driving with a suspended license as a habitual traffic offender in violation of 322.34 . . .
. . . See §§ 322.34(2)(a), 948.15(1), Fla. Stat. (2012); Sloan v. . . .
. . . of driving while license suspended or revoked (habitual offender revocation), a violation of section 322.34 . . .
. . . suspended, or revoked with two or more previous convictions for the same offense in violation of section 322.34 . . .
. . . See § 322.34(5), Fla. Stat. (2014). . . .
. . . Pursuant to Florida Statute section 322.34(1), “any person whose driver license or driving privilege . . . Fla. ' Stat. § 322.34(1) (alteration added). . . . Stat. § 322.34(2). . . . While the knowledge element may be critical in securing a conviction under [Florida Statute section] 322.34 . . .
. . . . § 322.34(2). (Doc. 23 p. 4). . . .
. . . . § 322.34(6). . . .
. . . See § 322.34, Fla. Stat. (2010). . . . State, 50 So.3d 788, 790 (Fla. 1st DCA 2010); § 322.34(2), Fla. Stat. (2010). . . .
. . . Tucker, 761 So.2d 1248, 1249 (Fla. 2d DCA 2000) (in DWLSR prosecution under section 322.34, actual physical . . .
. . . withheld for, driving while the defendant’s driver's license was suspended or revoked in violation of s. 322.34 . . .
. . . A DRIVER’S LICENSE] [WHILE DRIVER’S LICENSE CANCELED, SUSPENDED, OR REVOKED FOR SPECIFIED REASON] § 322.34 . . . OR REVOKED FOR SPECIFIED REASON] — § 322.34(6)(a) or (b) CATEGORY ONE CATEGORY TWO FLA. INS. NO. . . . No Valid Driver’s 322.03 28.9 License if 322.34(6)(a) is charged. . . .
. . . 1981 and amended in 2013. 28.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE § 322.34 . . . Included Offenses DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED, LICENSE WITH KNOWLEDGE — § 322.34 . . . 1997 [958 So.2d 361] and 2013. 28.11(a) DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER § 322.34 . . .
. . . See § 322.34(5), Fla. Stat. (2007). . . .
. . . In June 2010, Aiden pled guilty to driving as a habitual traffic offender in violation of Section 322.34 . . .
. . . Habitual Traffic Offender, as defined in section 322.264, Florida Statutes (2012), in violation of section 322.34 . . . never been convicted of a forcible felony, the offense must be punished as a misdemeanor under section 322.34 . . . (10), not as a felony under section 322.34(5). . . .
. . . Stat. § 322.34(5) and Fla. . . . (2) and 322.34(5) are prohibited. . . . Gil cannot be prosecuted under sections 322.34(2) and 322.34(5) for two reasons. . . . Applying the test articulated in Valdes, we conclude that sections 322.34(2) and 322.34(5) qualify as . . . See § 322.34, Fla. Stat. (1995). . . .
. . . (DUI impairment with priors), 316.1939(1) (refusal to submit to breathalyzer), 322.34(2)(b) (driving . . .
. . . 2011), reducing the charge of unlawful driving as a habitual traffic offender in violation of section 322.34 . . . : The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15,” § 322.34 . . . Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” . . .
. . . Keirn, 720 So.2d 1085, 1086 (Fla. 4th DCA 1998) (“a conviction under section 322.34 [, Florida Statutes . . .
. . . Cantlon was also charged with and convicted of driving while his license was suspended under section 322.34 . . .
. . . . §§ 322.34(5), 322.264, Fla. Stat. (2008). . § 316.193(1), Fla. Stat. (2008). . . .
. . . dismissing an information for the felony charge of unlawful driving as a habitual offender under section 322.34 . . . See § 322.34(10)(a)3., Fla. Stat. (2011). . . . Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” . . . Section 322.34(5) provides that ”[a]ny person whose driver’s license has been revoked pursuant to s. . . . Section 322.34(2) provides: Any person whose driver’s license or driving privilege has been canceled, . . .
. . . See § 322.34(2). . . . Compare § 322.34, Fla. Stat. (1997), with § 322.34(2), Fla. Stat. (1998 Supp.). . . . Ch. 98-223, § 12, at 2109, Laws of Fla.; see also § 322.34, Fla. Stat. (2011). . . . The Fourth District examined the text of section 322.34(2) and its knowledge definition. . . . “received notice” of that suspension as contemplated in section 322.34(4). . . .
. . . . § 322.34(2)(c). . . .
. . . Section 322.34 sets forth an overall scheme by which the Legislature penalizes individuals who persist . . . See §§ 322.34(1) (prohibiting driving while “driver’s license or driving privilege” canceled, suspended . . . or revoked); 322.34(2) (prohibiting knowingly driving while “driver’s license or driving privilege” . . . canceled, suspended or revoked); 322.34(6) (making it a third degree felony to cause death or serious . . . Or, as provided in section 322.34(10)(a)l, a parent who does not have a driver’s license may lose her . . . argues that, because he never had a Florida driver’s license, his conviction for violating section 322.34 . . . (5), Florida Statutes,” even though section 322.34(5) says nothing about any “driving privilege” distinct . . . Section 322.34(5), the provision under which appellant was convicted of a third-degree felony, does not . . . Crain was convicted of violating section 322.34(5), Florida Statutes (2009) which provides: Any person . . . Nor can it be said that the Legislature “manifestly intended” section 322.34(5) to apply to drivers who . . .
. . . intent to authorize or to prohibit separate punishments for violations of sections 316.192(3)(c)2. and 322.34 . . . (reckless driving) and 322.34(6)(b) (driving with a suspended license), require proof of an element that . . . Section 322.34(6)(b) involves driving without a valid driver’s license that causes death or serious bodily . . . ORFINGER, C.J., and JACOBUS, J., concur. . § 322.34(6)(b), Fla. . . . A violation of section 322.34(6)(b) cannot be a necessarily lesser included offense of reckless driving . . .
. . . . § 322.34(2), (10)(b). . . .
. . . See §§ 316.1935, 322.34(2)(a), 893.13, and 893.147, Fla. Stat. (2008). . . . .
. . . motor vehicle while his driver’s license is revoked as a habitual traffic offender pursuant to section 322.34 . . . Cooke, 767 So.2d 468 (Fla. 4th DCA 1999), that convictions for violation of sections 322.34(2) and (5 . . . The defendant pled guilty to violating section 322.34(2) in county court on October 27, 2009, and then . . . The trial court granted the defendant’s motion, finding that convictions under section 322.34(2) and . . . 322.34(5) would constitute double jeopardy. . . .
. . . See § 322.34, Fla. Stat. (2008). . . . should be categorized as a first-degree misdemeanor and not a third-degree felony in light of section 322.34 . . . This portion of section 322.34 was added shortly before Mr. . . .
. . . a resident of Georgia, may be adjudicated guilty as a habitual traffic offender pursuant to section 322.34 . . . Neary was convicted of violating section 322.34(5), which states: Any person whose driver’s license has . . . qualify as a “habitual traffic offender” under section 322.264 and cannot be convicted under section 322.34 . . . 804 So.2d 480, 483 (Fla. 4th DCA 2001) (“To sum up the requirements for a conviction under section 322.34 . . . status may be used to elevate the offense of driving with a revoked license to a felony under section 322.34 . . .
. . . actually challenged his conviction in lower tribunal case no. 2005CF015334AXX for violating section 322.34 . . . as a habitual offender under section 322.264 are not an element of the offense of violating section 322.34 . . . (5): The violation created by section 322.34(5) does not involve-as an element of the crime-a finding . . . nonexistent because the offenses in question all were committed during the window period when section 322.34 . . . However, the session law in question did not create section 322.34, but merely amended subsection 322.34 . . .
. . . See §§ 316.193(1), (4), 322.34(2)(a), 893.13(6)(a), Fla. Stat. (2008). . . .
. . . convicted of driving while license revoked as a habitual traffic offender, in violation of section 322.34 . . . Count I); driving while license suspended, revoked or canceled with knowledge, in violation of section 322.34 . . .
. . . See §§ 322.34(2)(c), 775.082(3)(d), Fla. Stat. (2009). . . .
. . . This appeal requires us to interpret sections 322.34(5) and 322.34(10), Florida Statutes (2009), in order . . . Section 322.34(5), Florida Statutes, in turn, makes it a third-degree felony for one whose license is . . . The rub comes because in 2008 the Legislature adopted section 322.34(10)(a)6., Florida Statutes, which . . . states that notwithstanding any other provision of section 322.34, if the offender does not have a prior . . . To understand her argument, it is helpful to examine section 322.34(10) with greater particularity. . . .
. . . of her community control by driving while her license was suspended or revoked contrary to section 322.34 . . . Assuming that section 322.34(2) is intended to provide an exhaustive list of the available methods for . . . concluded that section 322.34(2) contains an exhaustive list of methods of proving knowledge. . . . Section 322.34(3) provides that the court may consider evidence “other than that specified in subsection . . . We do not view the unavailability of the statutory presumption set forth in section 322.34(2) to compel . . .
. . . Statutes (2006), and count two, driving while license suspended or revoked, a violation of section 322.34 . . .
. . . serious bodily injury to another human being, Crystal Riley and/or Cynthia Riley, contrary to Section 322.34 . . .
. . . . § 322.34(2), Fla. Stat. (2009). . . .
. . . See § 322.34(2), (5), Fla. Stat. (2008). . . . To the contrary, as mentioned, violation of section 322.34(2) is a misdemeanor or a felony, depending . . . holding that “Rosenthal’s second DWLS offense was ... subject to a criminal penalty pursuant to section 322.34 . . .
. . . of driving with a revoked license was treated as a habitual driving offense for purposes of section 322.34 . . .
. . . Appellant, Lamercus Law, appeals his convictions for driving while license revoked pursuant to section 322.34 . . . The state charged Law with a violation of section 322.34(5) as well as driving while impaired. . . . “A conviction under section 322.34(5) simply requires competent evidence showing that the DHSMV maintained . . . designation under section 322.264, then the state has failed to make a prima facie case for a section 322.34 . . .
. . . See § 322.34(2)(e), Fla. Stat. (2007). . . .
. . . section 322.264(l)(b), Florida Statutes (2006), and thus could not be convicted of violating section 322.34 . . . Section 322.34(2) expressly states that it does not apply to those who have been designated “habitual . . . of the record conclusively refuting the appellant’s claim that he cannot be convicted under section 322.34 . . .
. . . charged Bullard with driving while license revoked as a habitual traffic offender in violation of section 322.34 . . .
. . . numerous offenses, one of which was felony driving while license suspended, a violation of section 322.34 . . . See § 322.34(1), Fla. Stat. (2008); Thompson v. State, 887 So.2d 1260, 1262 (Fla.2004). . . . Vaughan correctly argues that convictions under section 322.34(1), driving with a suspended license without . . . or revoked, drive a motor vehicle upon the highways of this State, in violation of Florida Statute 322.34 . . .
. . . Section 322.34(2)(a) provides that a person whose driver’s license has been suspended who, knowing of . . . suspension, or the person received notice by way of a judgment or order suspending the driver’s license. § 322.34 . . . See § 322.34(2), Fla. Stat.; Brown, 764 So.2d at 744; see also Haygood v. . . . See § 322.34(3), Fla. Stat. . . .
. . . a plea to, and was convicted of Driving While License Suspended, a violation of Florida Statutes § 322.34 . . .
. . . The State Failed to Prove All the Elements of Felony Dñving While License Revoked Under section 322.34 . . . [2] [he] drives any motor vehicle upon the highways of this state while such license is revoked.” § 322.34 . . . designation under section 322.264, then the state has failed to make a prima facie case for a section 322.34 . . .
. . . The trial court dismissed the information because section 322.34(10), Florida Statutes (2008), makes . . .
. . . Under section 322.34, Florida Statutes (2006), it is a crime for any person with a suspended driver’s . . . 2000), the Fourth District addressed whether the state had presented sufficient evidence under section 322.34 . . . pay traffic fines, the presumption that the defendant had knowledge of the suspension under section 322.34 . . . We agree with the reasoning in Brown because it is based on the plain language of section 322.34. . . .
. . . With the addition of section 322.34(10), a person whose underlying license suspensions or revocations . . . were for violations enumerated in section 322.34(10)(a) will no longer be subject to the third-degree . . . felony penalty as otherwise provided by section 322.34(2)(e) for driving with a suspended license for . . . Instead, under section 322.34(10)(b)(2), a second or subsequent conviction of driving while a license . . . has been suspended or revoked for violations enumerated in section 322.34(10)(a) is now a first-degree . . .
. . . . §§ 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. . . . See id § 322.34(5). . . . Stat. §§ 322.264(l)(d), 322.34(5), criminalize Wilkerson’s conduct and authorize five years of imprisonment . . .
. . . See §§ 932.701-.707 and § 322.34(9), Fla. Stat. (2006). . . . . § 322.34(9)(a). Mr. Gainous moved for summary judgment. . . . See § 322.34(2)(a), Fla. Stat. (2006); § 775.083(l)(e). . . .
. . . Driving with license suspended or revoked, § 322.34(5), Fla. Stat. (2004) 05-18021 1. . . .
. . . charged in count one with unlawful driving as a habitual traffic offender in violation of subsection 322.34 . . .
. . . . § § 322.34(1) and 318.13(3); see Thomas v. State, 614 So.2d 468, 470 (Fla.1993). . . . Stat. § 322.34(2) (2008). . . . Stat. § 322.34(2), “[n]o officer has a duty to prove every element of a crime before making an arrest . . .
. . . Finally, specifically as concerns section 322.34(2)(c), while we conclude that it is constitutional, . . . importance, in accordance with rule 9.030(a)(2)(B)(i), Florida Rules of Appellate Procedure: IS SECTION 322.34 . . . that his driving record was insufficient to prove his prior DWLS convictions as required by section 322.34 . . .
. . . conviction for driving while license suspended (DWLS) for a third time, a third-degree felony under section 322.34 . . . Pursuant to a plea agreement, Appellant pled guilty to felony DWLS under section 322.34(2)(c), Florida . . . Thompson, the Florida Supreme Court found that the defendant’s conviction for felony DWLS under section 322.34 . . . either by having the trial court enter a conviction for first-degree misdemeanor DWLS under section 322.34 . . .
. . . See § 322.34(5), Fla. Stat. (2003). . . .
. . . See § 322.34(5), Fla. Stat. (2007); Warren v. State, 856 So.2d 1095, 1096 (Fla. 5th DCA 2003). . . .
. . . See § 322.34(5), Fla. Stat. (2003). . . .
. . . See §§ 316.193(3)(c)(2), 322.34(6), 316.027(l)(a), Fla. Stat. (2004). . . . See § 322.34(6). . . . Section 322.34(6) provides that a person who operates a motor vehicle without a valid license “and who . . .
. . . Florida Statutes (2006), and driving while license suspended or revoked (“DWLS”), in violation of section 322.34 . . .
. . . Loudermilk (count I), Charlie Holt (count II), and Everett Phillips (count III), in violation of section 322.34 . . . holding that “regardless of the number of injured persons, there can only be one conviction under section 322.34 . . . (3) [now 322.34(6) ] arising from a single accident”); see also Melbourne v. . . . 765 (Fla.1996) (explaining that “[t]o allow multiple convictions for a single violation of [section 322.34 . . .
. . . . § 322.34(2), per 18 U.S.C. §§ 7, 13 (Count Two). . . . As a result, Johnson argues, he was “illegally sentenced” under § 322.34(2), because his license had . . . Stat. § 322.34(2) (emphasis added). While paragraph (2) does not address habitual offenders, Fla. . . . Stat. § 322.34(5). . . . of § 322.34(5), a third-degree felony. . . .
. . . . §§ 320.261 and 322.34(2)(a). . . .