Florida Statutes
Chapter 322 - Driver Licenses
322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.


(1) All orders of cancellation, suspension, revocation, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss. 627.732-627.734 shall be given either by personal delivery thereof to the licensee whose license is being canceled, suspended, revoked, or disqualified or by deposit in the United States mail in an envelope, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department. Such mailing by the department constitutes notification, and any failure by the person to receive the mailed order will not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee’s driving privilege.
(2) The giving of notice and an order of cancellation, suspension, revocation, or disqualification by mail is complete upon expiration of 20 days after deposit in the United States mail for all notices except those issued under chapter 324 or ss. 627.732–627.734, which are complete 15 days after deposit in the United States mail. Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either manner shall be made by entry in the records of the department that such notice was given. The entry is admissible in the courts of this state and constitutes sufficient proof that such notice was given.
(3) Whenever the driving privilege is suspended, revoked, or disqualified under the provisions of this chapter, the period of such suspension, revocation, or disqualification shall be indicated on the order of suspension, revocation, or disqualification, and the department shall require the licensee whose driving privilege is suspended, revoked, or disqualified to surrender all licenses then held by him or her to the department. However, should the person fail to surrender such licenses, the suspension, revocation, or disqualification period shall not expire until a period identical to the period for which the driving privilege was suspended, revoked, or disqualified has expired after the date of surrender of the licenses, or the date an affidavit swearing such licenses are lost has been filed with the department. In any instance where the suspension, revocation, or disqualification order is mailed as provided herein, and the license is not surrendered to the department, and such license thereafter expires, the department shall not renew that license until a period of time identical to the period of such suspension, revocation, or disqualification imposed has expired.
(4) A person whose privilege to operate a commercial motor vehicle is temporarily disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, valid for the length of his or her unexpired commercial driver license, at no cost. Such person may, upon the completion of his or her disqualification, be issued a commercial driver license, of the type disqualified, for the remainder of his or her unexpired license period. Any such person shall pay the reinstatement fee provided in s. 322.21 before being issued a commercial driver license.
(5) A person whose privilege to operate a commercial motor vehicle is permanently disqualified may, upon surrendering his or her commercial driver license, be issued a Class E driver license, if he or she is otherwise qualified to receive such license. Any such person shall be issued a Class E license, valid for the remainder of his or her unexpired license period, at no cost.
(6) Whenever a cancellation, suspension, revocation, or disqualification occurs, the department shall enter the cancellation, suspension, revocation, or disqualification order on the licensee’s driver file 20 days after the notice was actually placed in the mail. Any inquiry into the file after the 20-day period shall reveal that the license is canceled, suspended, revoked, or disqualified and whether the license has been received by the department.

(7)(a) A person whose driving privilege is suspended or revoked pursuant to s. 832.09 shall be notified, pursuant to this section, and the notification shall direct the person to surrender himself or herself to the sheriff who entered the warrant to satisfy the conditions of the warrant. A person whose driving privilege is suspended or revoked under this subsection shall not have his or her driving privilege reinstated for any reason other than:
1. Full payment of any restitution, court costs, and fees incurred as a result of a warrant or capias being issued pursuant to s. 832.09;
2. The cancellation of the warrant or capias from the Department of Law Enforcement recorded by the entering agency; and
3. The payment of an additional fee of $10 to the Department of Highway Safety and Motor Vehicles to be paid into the Highway Safety Operating Trust Fund; or
4. The department has modified the suspension or revocation of the license pursuant to s. 322.271 restoring the driving privilege solely for business or employment purposes.

(b) The Department of Law Enforcement shall provide electronic access to the department for the purpose of identifying any person who is the subject of an outstanding warrant or capias for passing worthless bank checks.

History.—s. 5, ch. 59-278; ss. 24, 35, ch. 69-106; s. 1, ch. 78-37; s. 1, ch. 80-158; s. 1, ch. 82-20; s. 561, ch. 82-243; s. 1, ch. 84-265; s. 20, ch. 89-282; s. 413, ch. 95-148; s. 3, ch. 98-223; s. 5, ch. 2003-410; s. 84, ch. 2005-164; s. 81, ch. 2010-102; s. 57, ch. 2012-181.

Structure Florida Statutes

Florida Statutes

Title XXIII - Motor Vehicles

Chapter 322 - Driver Licenses

322.01 - Definitions.

322.015 - Exemption.

322.02 - Legislative Intent; Administration.

322.025 - Driver Improvement.

322.0255 - Florida Motorcycle Safety Education Program.

322.0261 - Driver Improvement Course; Requirement to Maintain Driving Privileges; Failure to Complete; Department Approval of Course.

322.03 - Drivers Must Be Licensed; Penalties.

322.031 - Nonresident; When License Required.

322.032 - Digital Proof of Driver License or Identification Card.

322.04 - Persons Exempt From Obtaining Driver License.

322.05 - Persons Not to Be Licensed.

322.051 - Identification Cards.

322.0515 - Department to Forward Certain Information to Federal Selective Service System; Notification to Applicant for Certain License; Application Statement Required.

322.055 - Revocation or Suspension Of, or Delay of Eligibility For, Driver License for Persons 18 Years of Age or Older Convicted of Certain Drug Offenses.

322.056 - Mandatory Revocation or Suspension Of, or Delay of Eligibility For, Driver License for Persons Under Age 18 Found Guilty of Drug Offenses; Prohibition.

322.058 - Suspension of Driving Privilege Due to Support Delinquency; Reinstatement.

322.059 - Mandatory Surrender of Suspended Driver License and Registration.

322.0602 - Youthful Drunk Driver Visitation Program.

322.065 - Driver License Expired for 6 Months or Less; Penalties.

322.07 - Instruction Permits and Temporary Licenses.

322.08 - Application for License; Requirements for License and Identification Card Forms.

322.081 - Requests to Establish Voluntary Checkoff on Driver License Application.

322.09 - Application of Minors; Responsibility for Negligence or Misconduct of Minor.

322.091 - Attendance Requirements.

322.095 - Traffic Law and Substance Abuse Education Program for Driver License Applicants.

322.10 - Release From Liability.

322.11 - Revocation of License Upon Death of Person Signing Minor’s Application.

322.12 - Examination of Applicants.

322.121 - Periodic Reexamination of All Drivers.

322.125 - Medical Advisory Board.

322.126 - Report of Disability to Department; Content; Use.

322.13 - Driver License Examiners.

322.135 - Driver License Agents.

322.14 - Licenses Issued to Drivers.

322.141 - Color or Markings of Certain Licenses or Identification Cards.

322.142 - Color Photographic or Digital Imaged Licenses.

322.143 - Use of a Driver License or Identification Card.

322.15 - License to Be Carried and Exhibited on Demand; Fingerprint to Be Imprinted Upon a Citation.

322.16 - License Restrictions.

322.161 - High-Risk Drivers; Restricted Licenses.

322.1615 - Learner’s Driver License.

322.17 - Replacement Licenses and Permits.

322.18 - Original Applications, Licenses, and Renewals; Expiration of Licenses; Delinquent Licenses.

322.19 - Change of Address or Name.

322.20 - Records of the Department; Fees; Destruction of Records.

322.201 - Records as Evidence.

322.202 - Admission of Evidence Obtained From the Division of Motorist Services.

322.21 - License Fees; Procedure for Handling and Collecting Fees.

322.212 - Unauthorized Possession Of, and Other Unlawful Acts in Relation To, Driver License or Identification Card.

322.22 - Authority of Department to Cancel or Refuse to Issue or Renew License.

322.221 - Department May Require Reexamination.

322.222 - Right to Review.

322.23 - Suspending Privileges of Nonresidents and Reporting Convictions.

322.24 - Suspending Resident’s License Upon Conviction in Another State.

322.245 - Suspension of License Upon Failure of Person Charged With Specified Offense Under Chapter 316, Chapter 320, or This Chapter to Comply With Directives Ordered by Traffic Court or Upon Failure to Pay Child Support in Non-Iv-D Cases as Provide...

322.25 - When Court to Forward License to Department and Report Convictions.

322.2505 - Court to Forward License of Person Adjudicated Incapacitated to Department.

322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.

322.26 - Mandatory Revocation of License by Department.

322.2615 - Suspension of License; Right to Review.

322.26151 - Review of Materials Submitted by Law Enforcement Officer.

322.2616 - Suspension of License; Persons Under 21 Years of Age; Right to Review.

322.263 - Legislative Intent.

322.264 - “Habitual Traffic Offender” Defined.

322.27 - Authority of Department to Suspend or Revoke Driver License or Identification Card.

322.271 - Authority to Modify Revocation, Cancellation, or Suspension Order.

322.2715 - Ignition Interlock Device.

322.272 - Supersedeas.

322.273 - Penalty.

322.274 - Automatic Revocation of Driver License.

322.276 - Out-of-State Sanctions; Issuance of License.

322.28 - Period of Suspension or Revocation.

322.282 - Procedure When Court Revokes or Suspends License or Driving Privilege and Orders Reinstatement.

322.283 - Commencement of Period of Suspension or Revocation for Incarcerated Offenders.

322.29 - Surrender and Return of License.

322.291 - Driver Improvement Schools or Dui Programs; Required in Certain Suspension and Revocation Cases.

322.292 - Dui Programs Supervision; Powers and Duties of the Department.

322.293 - Dui Programs; Assessment; Disposition.

322.30 - No Operation Under Foreign License During Suspension, Revocation, or Disqualification in This State.

322.31 - Right of Review.

322.32 - Unlawful Use of License.

322.33 - Making False Affidavit Perjury.

322.34 - Driving While License Suspended, Revoked, Canceled, or Disqualified.

322.341 - Driving While License Permanently Revoked.

322.35 - Permitting Unauthorized Minor to Drive.

322.36 - Permitting Unauthorized Operator to Drive.

322.37 - Employing Unlicensed Driver.

322.38 - Renting Motor Vehicle to Another.

322.39 - Penalties.

322.391 - Failure of Person Charged With Misdemeanor Under This Chapter to Comply With Court-Ordered Directives; Suspension of License.

322.41 - Local Issuance of Driver Licenses Prohibited.

322.42 - Construction of Chapter.

322.43 - Short Title.

322.44 - Driver License Compact.

322.45 - Department of Highway Safety and Motor Vehicles; Duty.

322.46 - Compact Administrator.

322.47 - Executive Head Defined.

322.48 - Review of Employee’s Acts.

322.49 - Short Title.

322.50 - Nonresident Violator Compact.

322.51 - Short Title.

322.52 - Conflict With Other Laws.

322.53 - License Required; Exemptions.

322.54 - Classification.

322.56 - Contracts for Administration of Driver License Examination.

322.57 - Tests of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.

322.59 - Possession of Medical Examiner’s Certificate.

322.61 - Disqualification From Operating a Commercial Motor Vehicle.

322.62 - Driving Under the Influence; Commercial Motor Vehicle Operators.

322.63 - Alcohol or Drug Testing; Commercial Motor Vehicle Operators.

322.64 - Holder of Commercial Driver License; Persons Operating a Commercial Motor Vehicle; Driving With Unlawful Blood-Alcohol Level; Refusal to Submit to Breath, Urine, or Blood Test.

322.65 - Driver License Record Exchange.

322.66 - Vehicles Permitted to Be Driven During Driving Skills Tests.

322.70 - Transactions by Electronic or Telephonic Means.

322.71 - Investigations; Examinations; Proceedings; Subpoenas and Other Process; Witnesses; Oaths; Rules.

322.75 - Driver License Reinstatement Days.