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Florida Statute 322.28 | Lawyer Caselaw & Research
F.S. 322.28 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.28
322.28 Period of suspension or revocation.
(1) Unless otherwise provided by this section, the department shall not suspend a license for a period of more than 1 year and, upon revoking a license, in any case except in a prosecution for the offense of driving a motor vehicle while under the influence of alcoholic beverages, chemical substances as set forth in s. 877.111, or controlled substances, shall not in any event grant a new license until the expiration of 1 year after such revocation.
(2) In a prosecution for a violation of s. 316.193 or former s. 316.1931, the following provisions apply:
(a) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver license or driving privilege of the person so convicted, effective on the date of conviction, and shall prescribe the period of such revocation in accordance with the following provisions:
1. Upon a first conviction for a violation of the provisions of s. 316.193, except a violation resulting in death, the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year.
2. Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 5 years.
3. Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver license or driving privilege shall be revoked for at least 10 years.

For the purposes of this paragraph, a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as proscribed by s. 316.193 will be considered a previous conviction for violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for violation of s. 316.193.

(b) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, and is not otherwise specified by law, the department shall forthwith revoke the driver license or driving privilege for the maximum period applicable under paragraph (a) for a first conviction and for the minimum period applicable under paragraph (a) for any subsequent convictions. The driver may, within 30 days after such revocation by the department, petition the court for further hearing on the period of revocation, and the court may reopen the case and determine the period of revocation within the limits specified in paragraph (a).
(c) The forfeiture of bail bond, not vacated within 20 days, in any prosecution for the offense of driving while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent of depriving the defendant of his or her normal faculties shall be deemed equivalent to a conviction for the purposes of this paragraph, and the department shall forthwith revoke the defendant’s driver license or driving privilege for the maximum period applicable under paragraph (a) for a first conviction and for the minimum period applicable under paragraph (a) for a second or subsequent conviction; however, if the defendant is later convicted of the charge, the period of revocation imposed by the department for such conviction shall not exceed the difference between the applicable maximum for a first conviction or minimum for a second or subsequent conviction and the revocation period under this subsection that has actually elapsed; upon conviction of such charge, the court may impose revocation for a period of time as specified in paragraph (a). This paragraph does not apply if an appropriate motion contesting the forfeiture is filed within the 20-day period.
(d) The court shall permanently revoke the driver license or driving privilege of a person who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a combination of such sections. The court shall permanently revoke the driver license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s. 316.193. If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing sentence, the department shall permanently revoke the driver license or driving privilege pursuant to this paragraph. No driver license or driving privilege may be issued or granted to any such person. This paragraph applies only if at least one of the convictions for violation of s. 316.193 or former s. 316.1931 was for a violation that occurred after July 1, 1982. For the purposes of this paragraph, a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is also considered a conviction for violation of s. 316.193. Also, a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense outside this state is considered a conviction for the purposes of this paragraph.
(e) Convictions that occur on the same date resulting from separate offense dates shall be treated as separate convictions, and the offense that occurred earlier will be deemed a prior conviction for the purposes of this section.
(3) The court shall permanently revoke the driver license or driving privilege of a person who has been convicted of murder resulting from the operation of a motor vehicle. No driver license or driving privilege may be issued or granted to any such person.
(4)(a) Upon a conviction for a violation of s. 316.193(3)(c)2., involving serious bodily injury, a conviction of manslaughter resulting from the operation of a motor vehicle, or a conviction of vehicular homicide, the court shall revoke the driver license of the person convicted for a minimum period of 3 years. If a conviction under s. 316.193(3)(c)2., involving serious bodily injury, is also a subsequent conviction as described under paragraph (2)(a), the court shall revoke the driver license or driving privilege of the person convicted for the period applicable as provided in paragraph (2)(a) or paragraph (2)(d).
(b) Upon a conviction for a violation of s. 316.027(2)(a), (b), or (c) involving injury, serious bodily injury, or death, the court shall revoke the driver license of the person convicted for a minimum period of 3 years.
(c) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, the department shall revoke the driver license for the minimum period applicable under paragraph (a) or paragraph (b) or, for a subsequent conviction, for the minimum period applicable under paragraph (2)(a) or paragraph (2)(d).
(5) A court may not stay the administrative suspension of a driving privilege under s. 322.2615 or s. 322.2616 during judicial review of the departmental order that resulted in such suspension, and a suspension or revocation of a driving privilege may not be stayed upon an appeal of the conviction or order that resulted in the suspension or revocation.
(6) In a prosecution for a violation of s. 316.172(1), and upon a showing of the department’s records that the licensee has received a second conviction within 5 years following the date of a prior conviction of s. 316.172(1), the department shall, upon direction of the court, suspend the driver license of the person convicted for a period of at least 90 days but not more than 6 months.
(7) Following a second or subsequent violation of s. 796.07(2)(f) which involves a motor vehicle and which results in any judicial disposition other than acquittal or dismissal, in addition to any other sentence imposed, the court shall revoke the person’s driver license or driving privilege, effective upon the date of the disposition, for a period of at least 1 year. A person sentenced under this subsection may request a hearing under s. 322.271.
(8) The court shall permanently revoke the commercial driver license of a person who is convicted of, or has entered a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any felony involving human trafficking under state or federal law which involves the use of a commercial motor vehicle. If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing a sentence, the department must permanently revoke the driver license or driving privilege pursuant to this section.
History.s. 40, ch. 19551, 1939; CGL 1940 Supp. 4151(654); s. 40, ch. 20451, 1941; s. 2, ch. 59-95; ss. 24, 35, ch. 69-106; s. 5, ch. 72-175; s. 94, ch. 73-333; ss. 2, 3, ch. 74-248; s. 7, ch. 74-384; s. 1, ch. 75-113; s. 43, ch. 76-31; s. 3, ch. 76-153; s. 1, ch. 77-174; s. 20, ch. 80-290; s. 9, ch. 82-155; s. 4, ch. 82-403; s. 9, ch. 83-228; s. 10, ch. 84-359; s. 8, ch. 86-296; s. 4, ch. 87-167; s. 3, ch. 89-525; s. 31, ch. 91-221; s. 2, ch. 91-243; ss. 11, 24, ch. 91-255; s. 416, ch. 95-148; s. 8, ch. 96-330; s. 51, ch. 96-413; s. 12, ch. 96-414; s. 10, ch. 98-223; s. 45, ch. 99-248; s. 1, ch. 2001-189; s. 5, ch. 2002-297; s. 61, ch. 2013-160; s. 4, ch. 2014-225; s. 14, ch. 2021-187.

F.S. 322.28 on Google Scholar

F.S. 322.28 on Casetext

Amendments to 322.28


Arrestable Offenses / Crimes under Fla. Stat. 322.28
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.28.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FIGUEREDO, v. STATE, 275 So. 3d 229 (Fla. App. Ct. 2019)

. . . driver's license based upon a conviction involving a controlled substance, as follows: Notwithstanding s. 322.28 . . .

BERROCALES, v. STATE, 268 So. 3d 771 (Fla. App. Ct. 2019)

. . . 2015), required the court to revoke his driver's license for a minimum of three years under section 322.28 . . .

B. BOULINEAU, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 247 So. 3d 660 (Fla. App. Ct. 2018)

. . . revocation of Petitioner's driver's license for a period of five years, under the terms of section 322.28 . . . It provides: 322.28 Period of suspension or revocation.- * * * (2) In a prosecution for a violation of . . . Section 322.28(2)(e) clearly provides that "the offense that occurred earlier will be deemed a prior . . . Section 322.28(2)(e) creates the legal fiction that the October 5, 2013, offense is a "prior conviction . . . In light of the clear language of section 322.28, including the legal fiction created by section 322.28 . . .

STATE v. MILLER,, 193 So. 3d 1001 (Fla. Dist. Ct. App. 2016)

. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PEACOCK,, 185 So. 3d 632 (Fla. Dist. Ct. App. 2016)

. . . The' Department reliés upon sections 322.271(5)(c) and 322.28(5), Florida Statutes (2015), in support . . . (Emphasis added). : Section 322.28 is entitled “Period of suspension or revocation.” . . . We explained that section 322.28(5) “specifically provides that a court may not stay the administrative . . . As for section 322.28(5), that statute does not expressly apply to hardship or restricted licenses and . . . We- note also- that section 322.28(5) -speaks to the revocation and suspension of a person’s driving . . .

ROCHESTER, v. STATE, 140 So. 3d 973 (Fla. 2014)

. . . 875 So.2d 572, 576 (Fla.2004) (acknowledging that the phrase “for not less than 5 years” in section 322.28 . . .

HOBBS, v. STATE, 135 So. 3d 1124 (Fla. Dist. Ct. App. 2014)

. . . See §§ 322.28(2), 322.283(1), 782.071(l)(a), Fla. Stat. (2004). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . was [suspended] [revoked] [canceled] pursuant to Florida Statute [316.655] [322.26(8) ] [322.27(2) ]_[322.28 . . . (2) ] [322.28(4) ]. b. . . .

J. STANGARONE, v. STATE, 94 So. 3d 652 (Fla. Dist. Ct. App. 2012)

. . . Appellant argues that the revocation was not the result of the mandatory provisions of section 322.28 . . .

a No. NELSON, 95 So. 3d 122 (Fla. 2012)

. . . See § 322.28(2)(a)1., Fla. Stat. (2011). . . .

CRAIN, v. STATE, 79 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .

HOULE, v. STATE, 33 So. 3d 822 (Fla. Dist. Ct. App. 2010)

. . . Pursuant to section 322.28(4)(a), the trial court shall revoke the driving privileges of a person convicted . . . court, however, revoked appellant’s driving privileges pursuant to section 316.655(2), not section 322.28 . . . order revoking appellant’s driving privileges was a sound exercise of its discretion under section 322.28 . . .

C. DAWSON, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 19 So. 3d 1001 (Fla. Dist. Ct. App. 2009)

. . . process when the Department imposed the maximum period of revocation—one year—pursuant to paragraph 322.28 . . . care must be taken to distinguish section 322.24—where the "same offense” test applies—from section 322.28 . . . Section 322.28 specifies the period of suspension or revocation for a DUI conviction where the offender . . . traffic offense similar to the offense of driving under the influence as proscribed by s. 316.193...." § 322.28 . . . This length-of-suspension statute—section 322.28—has no bearing on the interpretation of section 322.24 . . .

J. SAYLES, Sr. v. STATE, 14 So. 3d 1269 (Fla. Dist. Ct. App. 2009)

. . . See § 322.28, Fla. Stat. (2007). . . .

STATE v. KELLY,, 999 So. 2d 1029 (Fla. 2008)

. . . See §§ 316.193(2)(b)(3), 775.083(l)(c), 316.193(5), 316.193(6)(c), 322.28(2)(e), Fla. Stat. (2003). . . . In relevant part, section 322.28(2)(e), Florida Statutes (2003), provides: The court shall permanently . . .

STATE v. CLAYTON,, 994 So. 2d 388 (Fla. Dist. Ct. App. 2008)

. . . Section 322.055(1) provides: Notwithstanding the provisions of s. 322.28, upon the conviction of a person . . .

BOLWARE, v. STATE, 995 So. 2d 268 (Fla. 2008)

. . . holding in other cases concerning the suspension and revocation of a driver’s license under section 322.28 . . . Stat. (2007), or of defendants convicted of DUI manslaughter, see, e.g., § 322.28(2)(e), Fla. . . .

LESCHER, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 985 So. 2d 1078 (Fla. 2008)

. . . Section 322.28(2)(e), Florida Statutes (2000), required that “[t]he court shall permanently revoke the . . . Neither section 322.28(2)(e) (the license revocation provision) nor section 322.271(4) (the hardship . . . The license revocation statute, section 322.28, does not contain a scienter element. 4. . . . Section 322.28(2) provides for lengthening periods of license suspension or revocation as the number . . . The statute provided in pertinent part as follows: (4) Notwithstanding the provisions of s. 322.28(2) . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. A. JOHNSON,, 980 So. 2d 1118 (Fla. Dist. Ct. App. 2008)

. . . alcohol, and on January 14, 1993, his driver’s license was permanently revoked pursuant to section 322.28 . . . Statutes (1997), which provided that a person whose driver’s license was permanently revoked under section 322.28 . . .

DENNIS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES OF STATE OF FLORIDA, O. T. N., 972 So. 2d 924 (Fla. Dist. Ct. App. 2007)

. . . , unrestricted reinstatement of his previously revoked Florida driver’s license pursuant to section 322.28 . . .

LESCHER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 946 So. 2d 1140 (Fla. Dist. Ct. App. 2006)

. . . . § 322.28(2), Fla. Stat. (2006). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. GRIFFIN,, 909 So. 2d 538 (Fla. Dist. Ct. App. 2005)

. . . to go around him, (2) that the circuit court erred in finding that the no-stay provision of section 322.28 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. W. GASKINS,, 891 So. 2d 643 (Fla. Dist. Ct. App. 2005)

. . . Department permanently revoked Gaskins’ driving privilege, effective January 14, 1991, pursuant to section 322.28 . . . 2003, section 322.271(4) specifically provided as follows: (4) Notwithstanding the provisions of s. 322.28 . . .

NORDELUS, v. STATE, 889 So. 2d 910 (Fla. Dist. Ct. App. 2004)

. . . before he entered his plea, that the court was required to revoke his driver’s license under section 322.28 . . . Section 322.28(2)(e) provides that the “court shall permanently revoke the driver’s license” of a person . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BRANDENBURG,, 891 So. 2d 1071 (Fla. Dist. Ct. App. 2004)

. . . public importance: DOES THE REVOCATION OF A DEFENDANT’S DRIVER’S LICENSE PURSUANT TO FLORIDA STATUTE 322.28 . . . The two statutes discussed above, sections 322.28 and 322.2616, are not criminal statutes and they do . . . Sections 322.28 and 322.2616 are purely administrative provisions, and the requirements they impose fall . . . The heading of section 322.28 reads: "Period of suspension or revocation.” . . . Stat. . § 322.28(2)(a), Fla. Stat. . § 322.2892(a)!., Fla. Stat. . § 322.28(2)(b), Fla. Stat. . . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. FOUNTAIN,, 883 So. 2d 300 (Fla. Dist. Ct. App. 2004)

. . . January 29, 1991, the Department permanently revoked Fountain’s driving privileges pursuant to section 322.28 . . . However, in 1998, the Legislature amended section 322.28, to provide that a person convicted of four . . . See § 322.28(2)(e), Fla. Stat. (Supp.1998). . . . chapter 98-223, Laws of Florida, which created, in part, the 1998 versions of sections 322.271 and 322.28 . . .

BEARD, v. STATE, 874 So. 2d 1274 (Fla. Dist. Ct. App. 2004)

. . . which should reflect that the defendant’s driver’s license is permanently revoked pursuant to section 322.28 . . .

STOLETZ, v. STATE, 875 So. 2d 572 (Fla. 2004)

. . . Stoletz’s driver’s license, that authority is derived from section 316.655(2) and not from section 322.28 . . . I thus disagree with the majority that a trial court has unfettered discretion under section 322.28(2 . . . However, I disagree with the majority that a trial court could rely solely on section 322.28(2)(a)(2) . . . In holding that a permanent revocation is authorized under section 322.28(2)(a)(2), the majority reads . . . See § 322.28(2)(e), Fla. Stat. (1999). . . . See § 322.28(2)(a)(2), Fla. . . . In contrast, the Fourth District in Whipple found section 322.28(2)(a)(2) was applicable and did not . . . We agree, however, with the Second District’s view that “nothing in section 322.28(2)(a)(2) prohibits . . . See § 322.28(2)(a)(2), Fla. Stat. (1999). . . . Section 322.28(2)(a)(l), Florida Statutes (1999), states: . . .

LITTMAN, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, BUREAU OF DRIVER IMPROVEMENT,, 869 So. 2d 711 (Fla. Dist. Ct. App. 2004)

. . . The Department revoked Petitioner’s driver’s license pursuant to section 322.28(2)(e), Florida Statutes . . .

STATE v. F. CASWELL,, 999 So. 2d 1065 (Fla. Dist. Ct. App. 2003)

. . . Highway Safety and Motor Vehicles could permanently revoke her driver’s license pursuant to section 322.28 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. GORDON,, 860 So. 2d 469 (Fla. Dist. Ct. App. 2003)

. . . notified Gordon that her license was administratively revoked for five years, as required by section 322.28 . . . See § 322.28(2)(a)2., Fla. Stat. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HOLLAHAN,, 853 So. 2d 1112 (Fla. Dist. Ct. App. 2003)

. . . and Motor Vehicles for reinstatement of his license but the application was denied based upon section 322.28 . . .

LIPOVSKY, v. STATE, 854 So. 2d 707 (Fla. Dist. Ct. App. 2003)

. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .

FRASILUS, v. STATE, 840 So. 2d 1117 (Fla. Dist. Ct. App. 2003)

. . . "Notwithstanding the provisions of s. 322.28, upon the conviction of a person 18 years of age or older . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 842 So. 2d 782 (Fla. 2003)

. . . Section 10 deals with amendments to section 322.28, Florida Statutes, concerning the period of suspensions . . . Section 11 creates section 322.28, Florida Statutes relating to the commencement of the period of suspension . . .

STOLETZ, v. STATE, 842 So. 2d 866 (Fla. Dist. Ct. App. 2003)

. . . Stoletz’s license because both sections 316.655(2) and 322.28(2)(a)(2), Florida Statutes (1999), permit . . . the court to do so, and nothing in section 322.28(2) prohibits such a revocation. . . . Section 322.28(2)(a)(2) requires a five-year license revocation for a second DUI conviction; section . . . 322.28(2)(e) requires a permanent revocation of a driver’s license only after a fourth conviction for . . . Stoletz argues that section 322.28(2) prohibited the trial court from imposing a lifetime revocation . . .

STATE v. MILLER,, 830 So. 2d 214 (Fla. Dist. Ct. App. 2002)

. . . it unlawful to drive after one’s license has been permanently revoked pursuant to sections 322.26 or 322.28 . . . whose driver’s license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SCINTA,, 828 So. 2d 486 (Fla. Dist. Ct. App. 2002)

. . . Scinta’s driver’s license was permanently revoked pursuant to section 322.28(2)(e), Florida Statutes . . .

SAWYER, v. STATE, 819 So. 2d 966 (Fla. Dist. Ct. App. 2002)

. . . whose driver’s license or driving privilege has been permanently revoked pursuant to section 322.26 or 322.28 . . .

PRIANTI, v. STATE, 819 So. 2d 231 (Fla. Dist. Ct. App. 2002)

. . . See § 322.28(2)(e), Fla. Stat. (2000). . . .

WEBB, v. STATE, 816 So. 2d 1190 (Fla. Dist. Ct. App. 2002)

. . . whose driver’s license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 . . . Subsections 322.28(2)(e) and (3) require permanent revocation of a driver’s license for four DUI convictions . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 805 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

. . . Section 11 creates section 322.28, Florida Statutes relating to the commencement of the period of suspension . . .

VICHICH, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 799 So. 2d 1069 (Fla. Dist. Ct. App. 2001)

. . . Vic-hich’s driver’s license based upon the legislative mandate in sections 322.26(l)(a) and 322.28(2) . . . Sections 322.26(l)(a) and 322.28(2), (3) require the DHSMV to permanently revoke a driver’s license when . . .

WHIPPLE, v. STATE, 789 So. 2d 1132 (Fla. Dist. Ct. App. 2001)

. . . Thus, it was not bound by section 322.28, as argued by appellant. . . . Rather, it was bound by section 322.28, Florida Statutes (1999). . . . The language of section 322.28 is facially clear and unambiguous. . . . Thus, section 322.28, the more specific statute, controls in this instance. . . . Clearly, the trial court was bound to follow section 322.28. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DAVIS, Jr., 775 So. 2d 989 (Fla. Dist. Ct. App. 2000)

. . . In 1983, Respondent Davis’s driving privilege was permanently revoked pursuant to section 322.28(2)(f . . .

STATE v. M. LAINEZ,, 771 So. 2d 617 (Fla. Dist. Ct. App. 2000)

. . . Both section 316.193 and section 322.28 list penalties for first, second, and third convictions and prescribe . . . Further, although section 316.193 and section 322.28 address different subject matter, both set forth . . .

BROWN, v. STATE, 760 So. 2d 1113 (Fla. Dist. Ct. App. 2000)

. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BEGLEY, Jr., 776 So. 2d 278 (Fla. Dist. Ct. App. 2000)

. . . We find that the circuit court’s orders violate section 322.28(5), Florida Statutes (1999), and thus, . . . Section 322.28(5), Florida Statutes (1999), specifically provides that a court may not stay the administrative . . . district held that there was no conflict between Florida Rule of Appellate Procedure 9.310(a) and section 322.28 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PETERSON,, 754 So. 2d 156 (Fla. Dist. Ct. App. 2000)

. . . DMV argues that the stay departs from the essential requirements of law because it violates section 322.28 . . .

TROMBLEY, Jr. v. STATE, 754 So. 2d 121 (Fla. Dist. Ct. App. 2000)

. . . contends the trial court erred in suspending his driver’s license for five years pursuant to section 322.28 . . .

L. ANDERSON, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 751 So. 2d 749 (Fla. Dist. Ct. App. 2000)

. . . the circuit court where he requested a stay of the suspension alleging that subsection (5) of section 322.28 . . . Subsection 322.28(5) provides: A court may not stay the administrative suspension of a driving privilege . . . The circuit court upheld the constitutionality of subsection 322.28(5) and denied Anderson’s motion to . . . Prior to the amendment of section 322.28 that added subsection (5), this court, in Department of Safety . . . Subsection 322.28(5) is a “valid general law” and prevails over Rule 9.310(a) by prohibiting a stay. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. W. OLIVIE,, 753 So. 2d 593 (Fla. Dist. Ct. App. 2000)

. . . .” § 322.28(5), Fla. Stat. (1999); Accord State, Dept. of Highway Safety & Motor Vehicles v. . . .

LARCHER, v. DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, STATE OF FLORIDA,, 736 So. 2d 1249 (Fla. Dist. Ct. App. 1999)

. . . Even though section 322.28(6) states that “no suspension or revocation of a driving privilege shall be . . . any person convicted of DUI to protect the public from potentially dangerous drivers and that section 322.28 . . . conviction that caused the license suspension, a stay of the license suspension is barred by section 322.28 . . .

STATE v. SCIBANA,, 726 So. 2d 793 (Fla. Dist. Ct. App. 1999)

. . . -judge, in a substantial number of DUI cases, back-dated the convictions in order to evade section 322.28 . . . DRIVER’S LICENSE SUSPENSION WHICH FAILS TO MEET THE MANDATORY STATUTORY REQUIREMENTS SET OUT IN F.S. 322.28 . . . Rather that occurs by virtue of section 322.28(2)(a)l, Florida Statutes (1993), which provides: (2) In . . . Bender, 497 So.2d 1332 (Fla. 2d DCA 1986)(section 322.28 is not penal in nature). . . .

P. AUGER, v. STATE, 725 So. 2d 1178 (Fla. Dist. Ct. App. 1998)

. . . Although section 322.28(2)(e), Florida Statutes (1993), authorizes a three-year driver’s license revocation . . .

OPUS CORPORATION, a v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a, 141 F.3d 1261 (8th Cir. 1998)

. . . . § 322.28(2))). . . .

DEPARTMENT OF SAFETY, v. C. STOCKMAN,, 709 So. 2d 179 (Fla. Dist. Ct. App. 1998)

. . . Further, section 322.28(6) provides that no administrative suspension of a driving privilege shall be . . . revocation, suspension and revocation of such administrative orders are apparently barred by section 322.28 . . .

WAITES, v. STATE, 702 So. 2d 1373 (Fla. Dist. Ct. App. 1997)

. . . privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . . the Department of Highway Safety and Motor Vehicles due to conviction of serious traffic offense), 322.28 . . . (2)(suspension for driving under the influence), or 322.28(5)(suspension due to conviction of manslaughter . . .

LEWEK, v. STATE, 702 So. 2d 527 (Fla. Dist. Ct. App. 1997)

. . . Smith, 638 So.2d 509 (Fla.1994); see also §§ 316.655, 322.26(8), 322.27(2), 322.28(2), 322.28(5), Fla . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. F. SINCLAIR, Jr., 697 So. 2d 230 (Fla. Dist. Ct. App. 1997)

. . . provides: A person whose license has been revoked for a period of 5 years or less pursuant to Sec. 322.28 . . .

McDANIEL, Jr. v. STATE, 683 So. 2d 597 (Fla. Dist. Ct. App. 1996)

. . . Although we conclude that the trial court incorrectly interpreted section 322.28(2)(e), Florida Statutes . . . In 1993, section 322.28(2)(e) provided in pertinent part: The court shall permanently revoke the driver . . . Section 322.28 was not a model of clarity. . . . The trial court’s interpretation of section 322.28(2)(e) renders subsection 5(a) meaningless. . . . Now, a single DUI manslaughter conviction mandates a permanent revocation under section 322.28(2)(e). . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DEGROSSI,, 680 So. 2d 1093 (Fla. Dist. Ct. App. 1996)

. . . county court order certifying the following question to be of great public importance: Does section 322.28 . . . Although the trial court was aware of Section 322.28(6), Florida Statutes (1995) which states that, “ . . . In Section 322.28(6), the legislature further provided that once the Department issued an administrative . . . Because Sections 322.26(2) and 322.28(6) must be construed in accordance with the legislative intent . . . Section 322.28(6) specifically provides: “No administrative suspension of a driving privilege under s . . .

STATE v. R. HADDIX, R. HADDIX, v. STATE, 668 So. 2d 1064 (Fla. Dist. Ct. App. 1996)

. . . erred by not revoking the defendant’s driver’s license for at least five years as required by section 322.28 . . . Section 322.28(2)(a)2, Florida Statutes (1993), provides that upon a second DUI conviction within a five . . . Based on the same reasoning set out under point I above, section 322.28’s mandatory revocation of the . . .

DAVIS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, STATE OF FLORIDA,, 660 So. 2d 775 (Fla. Dist. Ct. App. 1995)

. . . Administrative Proceedings In accordance with section 322.28(2)(a)3., Florida Statutes (1991), William . . .

CRAWFORD, v. STATE, 651 So. 2d 731 (Fla. Dist. Ct. App. 1995)

. . . based upon a conviction involving a controlled substance. (1) Notwithstanding the provisions of s. 322.28 . . .

STATE v. N. SMITH,, 638 So. 2d 509 (Fla. 1994)

. . . .-27(2), or s. 322.28(2) or (5) and who operates a motor vehicle while his driver’s license is canceled . . . the Department of Highway Safety and Motor Vehicles due to conviction of serious traffic offense), 322.28 . . .

JACKSON, v. STATE, 634 So. 2d 1103 (Fla. Dist. Ct. App. 1994)

. . . driving under the influence, but reverse the permanent revocation of his driver’s license under section 322.28 . . . conviction, constituted four convictions and permanently revoked defendant’s driver’s license under section 322.28 . . . The pertinent provisions of section 322.28 provide: (2)(a) Upon conviction of the driver, the court, . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. H. TREMMEL,, 634 So. 2d 742 (Fla. Dist. Ct. App. 1994)

. . . The permanent revocation was imposed pursuant to section 322.28, Florida Statutes (1981), for Tremmel . . . his fourth DUI offense, the Department notified him that his driving privilege, pursuant to section 322.28 . . . See § 322.28(2)(f), Fla. Stat. (1984). . . . The applicable provisions of section 322.28, as it existed on June 13, 1983, provide as follows: (2) . . . The pertinent provisions of section 322.28, as amended in 1984, provide as follows: 322.28 Period of . . .

BOUTWELL, v. STATE, 631 So. 2d 1094 (Fla. 1994)

. . . has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322-27(2), or s. 322.28 . . .

STATE v. N. SMITH,, 624 So. 2d 355 (Fla. Dist. Ct. App. 1993)

. . . .-27(2), or s. 322.28(2) or (5) and who operates a motor vehicle while his driver’s license is canceled . . .

COOPER, v. STATE, 621 So. 2d 729 (Fla. Dist. Ct. App. 1993)

. . . has been canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28 . . .

BUCHBAUM v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 50 Fla. Supp. 2d 77 (Fla. Cir. Ct. 1991)

. . . The specific statute at issue is section 322.28(2), Fla. Stat. (1989). . . . Section 322.28(2)(a)(3). . . . Section 322.28(2)(a)(l). . . . Aside from the fact that a different legislative scheme was involved, section 322.28(2)(e), Fla.Stat. . . . This conclusion is fortified by again referring to section 322.28(2)(b). . . .

HOPE, v. STATE, 588 So. 2d 255 (Fla. Dist. Ct. App. 1991)

. . . However, sections 322.28(2)(a) and (e) provide that the courts, not the Department, shall revoke a driver . . . A felony DUI would appear to fall within both statutes, thus authorizing the court to revoke under 322.28 . . .

VEILLEUX v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 48 Fla. Supp. 2d 180 (Fla. Cir. Ct. 1991)

. . . his arrest on October 13, 1990, the sentencing judge revoking Plaintiff’s license pursuant to section 322.28 . . . section 322.2615 is a separate and distinct result from a revocation upon conviction under section 322.28 . . . Courts have held that the purpose of section 322.28 is to protect the public from intoxicated drivers . . .

COLLINS, v. STATE, 578 So. 2d 30 (Fla. Dist. Ct. App. 1991)

. . . . § 322.28(2)(e), Fla.Stat. (1987). See also Pulaski v. . . .

STATE v. WALTERS,, 567 So. 2d 49 (Fla. Dist. Ct. App. 1990)

. . . its previous order which revoked Landon Todd Walters’ driver’s license for life, pursuant to section 322.28 . . . Florida Statutes (1987), and ordered that the revocation be decreased to three years, pursuant to section 322.28 . . . The suspension of a defendant’s driving privilege, pursuant to section 322.28(2)(e) is not a criminal . . . This conclusion is further supported by the language in section 322.28(2)(e) that places upon the Department . . . recognize that the Department has the authority to revoke Walters’ driver’s license pursuant to section 322.28 . . .

WOODS v. COX, DIRECTOR, DIVISION OF DRIVER LICENSES,, 42 Fla. Supp. 2d 9 (Fla. Cir. Ct. 1990)

. . . Pursuant to sections 322.24 and 322.28(2)(a)3, Fla. . . .

DOUGLAS, v. STATE, 559 So. 2d 732 (Fla. Dist. Ct. App. 1990)

. . . See § 322.28, Fla.Stat. (1987). . . .

HUBBARD, v. STATE, 559 So. 2d 416 (Fla. Dist. Ct. App. 1990)

. . . Although section 322.28, Florida Statutes (1987), permits a trial court to revoke drivers’ licenses, . . .

MANDILE, v. STATE, 547 So. 2d 1062 (Fla. Dist. Ct. App. 1989)

. . . See, e.g., § 322.28, Fla.Stat. (1987). . . .

UNITED STATES v. M. GARNER,, 874 F.2d 1510 (11th Cir. 1989)

. . . . § 322.28 (Supp. 1989). . . .

PULASKI, v. STATE, 540 So. 2d 193 (Fla. Dist. Ct. App. 1989)

. . . . § 322.28(2)(a)(1), Fla.Stat. (1987). . . . Accordingly the court was authorized to suspend the license for “not less than 5 years.” § 322.28(2)( . . . suspended, with the minimum length of the suspension period escalating with the number of convictions. § 322.28 . . . Section 322.28 is not penal in nature, but is designed to protect and promote the public safety. . . .

SILIMON v. STATE OF FLORIDA, 29 Fla. Supp. 2d 128 (Fla. Cir. Ct. 1988)

. . . The third issue in this case requires a close examination of § 322.28(f), Florida Statutes, which states . . .

STATE OF FLORIDA v. WATERS, 24 Fla. Supp. 2d 49 (Broward Cty. Ct. 1987)

. . . periods depending on the number of prior convictions, on the event of the present conviction, see Section 322.28 . . .

STATE v. CAUDLE,, 504 So. 2d 419 (Fla. Dist. Ct. App. 1987)

. . . . § 322.28(2)(a)3., Fla.Stat. (1985). . § 322.28(2)(a)2., Fla.Stat. (1985). . Hickman v. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. SPELLS,, 502 So. 2d 19 (Fla. Dist. Ct. App. 1986)

. . . Spells’ license for a period of ten years, effective June 29, 1984, under the authority of section 322.28 . . . Spells contends that the language of section 322.28(b) supports his theory that a court may impose a . . . The court’s duty, however, is unmistakably mandated by section 322.28(2)(a), which specifically provides . . . Section 322.28(2)(b) is intended to meet only the situation in which the court has neglected its duty . . . Vogt, 489 So.2d 1168 (Fla. 2d DCA 1986), that the purpose of section 322.28 is to protect the public . . .

C. W. KEITH, v. CASEY,, 504 So. 2d 4 (Fla. Dist. Ct. App. 1986)

. . . Safety & Motor Vehicles to reinstate appellee’s driver’s license despite the provisions of section 322.28 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. BENDER,, 497 So. 2d 1332 (Fla. Dist. Ct. App. 1986)

. . . considered Bender’s September 24, 1984, conviction to be his third DUI conviction and applied section 322.28 . . . because, at the time of his third offense, section 316.028 was not specifically enumerated in section 322.28 . . . The circuit court construed section 322.28 as penal in nature and, as such, found that it must be strictly . . . We agree that section 322.28 is not penal in nature but rather was designed to protect the public. . . . It is the duty of the courts, and the Department, to follow the provisions of section 322.28(2)(a)3, . . .

STATE OF FLORIDA v. HOWARD, 19 Fla. Supp. 2d 37 (Monroe Cty. Ct. 1986)

. . . d) All other statutes associated with drunk driving such as 316.1931, 316.1932, 316.1933, 316.1934, 322.28 . . . again the statute refers to the person driving or being in actual possession of a motor vehicle. (5) 322.28 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. MOREA,, 491 So. 2d 1210 (Fla. Dist. Ct. App. 1986)

. . . Department of Highway Safety and Motor Vehicles of The State of Florida (Department) applied Section 322.28 . . . Although the incident precipitating this conviction occurred before the 1984 amendments to Section 322.28 . . . In that same year, the revocation statute, Section 322.28(2)(a), Florida Statutes (1977), specifically . . . offenses under the prior statutes to be included in considering the mandatory revocation under Section 322.28 . . . Section 322.28(2)(a), Florida Statutes (1983), states, in part: (3) Upon a third conviction within a . . .

STATE DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. VOGT,, 489 So. 2d 1168 (Fla. Dist. Ct. App. 1986)

. . . TO ENHANCE THE PENALTIES CONCERNING SUSPENSION AND REVOCATION OF LICENSES AS PRESCRIBED IN SECTION 322.28 . . . He ordered Vogt’s driver’s license revoked for a period of six months pursuant to section 322.28(2), . . . Accordingly, the Department had revoked Vogt’s driver’s license for five years in accordance with section 322.28 . . .

GOLDSCHMITT, v. STATE, 490 So. 2d 123 (Fla. Dist. Ct. App. 1986)

. . . desired to drive on a restricted basis during the period of suspension of his license pursuant to section 322.28 . . .

MELLON, v. CANNON,, 482 So. 2d 604 (Fla. Dist. Ct. App. 1986)

. . . . § 322.28, Fla.Stat. . . .

STATE OF FLORIDA v. RIDDLE, 16 Fla. Supp. 2d 16 (Fla. Cty. Ct. 1985)

. . . Section 322.28(3)(f) F.S. provides that the “Court” shall “permanently” revoke the driver’s license or . . . imposing sentence, the department shall permanently revoke the license or privilege pursuant to paragraph 322.28 . . . of Motor Vehicles to calculate the period of suspension of the defendant in accordance with Section 322.28 . . .

STATE OF FLORIDA v. OXIOS, 11 Fla. Supp. 2d 51 (Broward Cty. Ct. 1985)

. . . To ascertain the legislative intent, it is necessary to examine a related statute, F.S. 322.28, which . . . F.S. 316.193 and F.S. 322.28 are companion statutes relating to driving under the influence and the penalties . . . convictions be within 5 years of each other, they would have done so in the same manner as they did in F.S. 322.28 . . .

GRIFFIN, v. STATE, 457 So. 2d 1070 (Fla. Dist. Ct. App. 1984)

. . . The county court revoked petitioner’s driver’s license for six months pursuant to section 322.28, Florida . . . actual, physical control of the car, and, if so, whether his license was properly revoked under section 322.28 . . . Section 322.28 provides that revocation of a driver’s license is a penalty for the offense of driving . . .

A. MORELAND, v. STATE, 442 So. 2d 1002 (Fla. Dist. Ct. App. 1983)

. . . Section 322.28(2)(f), Florida Statutes (Supp. 1982), which contemplates lifetime revocation under some . . .

W. YOUNG v. OUACHITA NATIONAL BANK IN MONROE, 428 F. Supp. 1323 (W.D. La. 1977)

. . . This gives a total finance charge of $322.28.” Starks, supra, at page 932. . . .

W. INGRAM, v. PETTIT, Jr., 340 So. 2d 922 (Fla. 1976)

. . . Section 322.28, Fla.Stat. (Supp.1974). Section 322.281, Fla.Stat. . . .

STARKS v. ORLEANS MOTORS, INC., 372 F. Supp. 928 (E.D. La. 1974)

. . . This gives a total finance charge of $322.28. . . . Here the finance charge was $322.28. Twice that figure ($644.56) is well within the $1000 maximum. . . .