Fla. Stat. 322.202
Admission of evidence obtained from the Division of Motorist Services

(1)

The Legislature finds that the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is not a law enforcement agency. The Legislature also finds that the division is not an adjunct of any law enforcement agency in that employees have no stake in particular prosecutions. The Legislature further finds that errors in records maintained by the division are not within the collective knowledge of any law enforcement agency. The Legislature also finds that the missions of the division and the Department of Highway Safety and Motor Vehicles provide a sufficient incentive to maintain records in a current and correct fashion.

(2)

The Legislature finds that the purpose of the exclusionary rule is to deter misconduct on the part of law enforcement officers and law enforcement agencies.

(3)

The Legislature finds that the application of the exclusionary rule to cases where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division is repugnant to the purposes of the exclusionary rule and contrary to the decisions of the United States Supreme Court in Arizona v. Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897 (1984).

(4)

In any case where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division, evidence found pursuant to such an arrest shall not be suppressed by application of the exclusionary rule on the grounds that the arrest is subsequently determined to be unlawful due to erroneous information obtained from the division.

Source: Section 322.202 — Admission of evidence obtained from the Division of Motorist Services, https://www.­flsenate.­gov/Laws/Statutes/2024/0322.­202 (accessed Aug. 7, 2025).

322.01
Definitions 322.03
Drivers must be licensed 322.04
Persons exempt from obtaining driver license 322.05
Persons not to be licensed 322.07
Instruction permits and temporary licenses 322.09
Application of minors 322.10
Release from liability 322.11
Revocation of license upon death of person signing minor’s application 322.12
Examination of applicants 322.13
Driver license examiners 322.14
Licenses issued to drivers 322.15
License to be carried and exhibited on demand 322.015
Exemption 322.16
License restrictions 322.17
Replacement licenses and permits 322.18
Original applications, licenses, and renewals 322.20
Records of the department 322.21
License fees 322.22
Authority of department to cancel or refuse to issue or renew license 322.23
Suspending privileges of nonresidents and reporting convictions 322.24
Suspending resident’s license upon conviction in another state 322.25
When court to forward license to department and report convictions 322.025
Driver improvement 322.26
Mandatory revocation of license by department 322.27
Authority of department to suspend or revoke driver license or identification card 322.28
Period of suspension or revocation 322.29
Surrender and return of license 322.30
No operation under foreign license during suspension, revocation, or disqualification in this state 322.31
Right of review 322.031
Nonresident 322.32
Unlawful use of license 322.032
Digital proof of driver license or identification card 322.33
Making false affidavit perjury 322.34
Driving while license suspended, revoked, canceled, or disqualified 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 322.41
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 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 322.051
Identification cards 322.52
Conflict with other laws 322.53
License required 322.54
Classification 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 322.56
Contracts for administration of driver license examination 322.056
Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses 322.57
Tests of knowledge concerning specified vehicles 322.058
Suspension of driving privilege due to support delinquency 322.59
Possession of medical examiner’s certificate 322.059
Mandatory surrender of suspended driver license and registration 322.61
Disqualification from operating a commercial motor vehicle 322.62
Driving under the influence 322.63
Alcohol or drug testing 322.64
Holder of commercial driver license 322.65
Driver license record exchange 322.065
Driver license expired for 6 months or less 322.66
Vehicles permitted to be driven during driving skills tests 322.70
Transactions by electronic or telephonic means 322.71
Investigations 322.75
Driver License Reinstatement Days 322.76
Clerk of Court Driver License Reinstatement Pilot Program in Miami-Dade County 322.081
Requests to establish voluntary checkoff on driver license application 322.091
Attendance requirements 322.095
Traffic law and substance abuse education program for driver license applicants 322.125
Medical Advisory Board 322.126
Report of disability to department 322.135
Driver license agents 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 322.161
High-risk drivers 322.201
Records as evidence 322.202
Admission of evidence obtained from the Division of Motorist Services 322.212
Unauthorized possession of, and other unlawful acts in relation to, driver license or identification card 322.221
Department may require reexamination 322.222
Right to review 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 provided in chapter 61 or failure to pay any financial obligation in any other criminal case 322.251
Notice of cancellation, suspension, revocation, or disqualification of license 322.0255
Florida Motorcycle Safety Education Program 322.0261
Driver improvement course 322.263
Legislative intent 322.264
“Habitual traffic offender” defined 322.271
Authority to modify revocation, cancellation, or suspension order 322.272
Supersedeas 322.273
Penalty 322.274
Automatic revocation of driver license 322.276
Out-of-state sanctions 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 322.291
Driver improvement schools or DUI programs 322.292
DUI programs supervision 322.293
DUI programs 322.341
Driving while license permanently revoked 322.391
Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives 322.0515
Department to forward certain information to federal Selective Service System 322.591
Commercial driver license and temporary commercial instruction permit 322.0602
Youthful Drunk Driver Visitation Program 322.1615
Learner’s driver license 322.2505
Court to forward license of person adjudicated incapacitated to department 322.2615
Suspension of license 322.2616
Suspension of license 322.2715
Ignition interlock device 322.26151
Review of materials submitted by law enforcement officer

Current through Fall 2025

§ 322.202. Admission of evidence obtained from the Div. of Motorist Svcs.'s source at flsenate​.gov