Fla. Stat. 322.27
Authority of department to suspend or revoke driver license or identification card

(1)

Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder:Has committed an offense for which mandatory revocation of license is required upon conviction. A law enforcement agency must provide information to the department within 24 hours after any traffic fatality or when the law enforcement agency initiates action pursuant to s. 316.1933;Has been convicted of a violation of any traffic law which resulted in a crash that caused the death or personal injury of another or property damage in excess of $500;Is incompetent to drive a motor vehicle;Has permitted an unlawful or fraudulent use of the license or identification card or has knowingly been a party to the obtaining of a license or identification card by fraud or misrepresentation or to the display, or representation as one’s own, of a driver license or identification card not issued to him or her. This section does not include the provisions of s. 322.32(1);Has committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation; orHas committed a second or subsequent violation of s. 316.172(1) within a 5-year period of any previous violation.

(a)

Has committed an offense for which mandatory revocation of license is required upon conviction. A law enforcement agency must provide information to the department within 24 hours after any traffic fatality or when the law enforcement agency initiates action pursuant to s. 316.1933;

(b)

Has been convicted of a violation of any traffic law which resulted in a crash that caused the death or personal injury of another or property damage in excess of $500;

(c)

Is incompetent to drive a motor vehicle;

(d)

Has permitted an unlawful or fraudulent use of the license or identification card or has knowingly been a party to the obtaining of a license or identification card by fraud or misrepresentation or to the display, or representation as one’s own, of a driver license or identification card not issued to him or her. This section does not include the provisions of s. 322.32(1);

(e)

Has committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation; or

(f)

Has committed a second or subsequent violation of s. 316.172(1) within a 5-year period of any previous violation.

(2)

The department shall suspend the license of any person without preliminary hearing upon a showing of its records that the licensee has been convicted in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the suspension of the licensee’s driving privilege.

(3)

There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year.When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year.The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:
Reckless driving, willful and wanton—4 points.
Leaving the scene of a crash resulting in property damage of more than $50—6 points.
Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.
Passing a stopped school bus:
Not causing or resulting in serious bodily injury to or death of another—4 points.
Causing or resulting in serious bodily injury to or death of another—6 points.
Points may not be imposed for a violation of passing a stopped school bus as provided in s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant 1to s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant to s. 316.173 may not be used for purposes of setting motor vehicle insurance rates.
Unlawful speed:
Not in excess of 15 miles per hour of lawful or posted speed—3 points.
In excess of 15 miles per hour of lawful or posted speed—4 points.
Points may not be imposed for a violation of unlawful speed as provided in s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896 may not be used for purposes of setting motor vehicle insurance rates.
A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. However, points may not be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.
Unlawfully driving a vehicle through a railroad-highway grade crossing—6 points.
All other moving violations (including parking on a highway outside the limits of a municipality)—3 points. However, points may not be imposed for a violation of s. 316.0741 or s. 316.2065(11); and points may be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5).
Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.
Any conviction under s. 403.413(6)(b)—3 points.
Any conviction under s. 316.0775(2)—4 points.
A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone—2 points, in addition to the points assigned for the moving violation.
A conviction in another state of a violation therein which, if committed in this state, would be a violation of the traffic laws of this state, or a conviction of an offense under any federal law substantially conforming to the traffic laws of this state, except a violation of s. 322.26, may be recorded against a driver on the basis of the same number of points received had the conviction been made in a court of this state.In computing the total number of points, when the licensee reaches the danger zone, the department is authorized to send the licensee a warning letter advising that any further convictions may result in suspension of his or her driving privilege.The department shall administer and enforce the provisions of this law and may make rules and regulations necessary for its administration.Three points shall be deducted from the driver history record of any person whose driving privilege has been suspended only once pursuant to this subsection and has been reinstated, if such person has complied with all other requirements of this chapter.This subsection does not apply to persons operating a nonmotorized vehicle for which a driver license is not required.

(a)

When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b)

When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.

(c)

When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year.

(d)

The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:Reckless driving, willful and wanton—4 points.Leaving the scene of a crash resulting in property damage of more than $50—6 points.Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.Passing a stopped school bus:
Not causing or resulting in serious bodily injury to or death of another—4 points.
Causing or resulting in serious bodily injury to or death of another—6 points.
Points may not be imposed for a violation of passing a stopped school bus as provided in s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant 1to s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant to s. 316.173 may not be used for purposes of setting motor vehicle insurance rates.
Unlawful speed:
Not in excess of 15 miles per hour of lawful or posted speed—3 points.
In excess of 15 miles per hour of lawful or posted speed—4 points.
Points may not be imposed for a violation of unlawful speed as provided in s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896 may not be used for purposes of setting motor vehicle insurance rates.
A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. However, points may not be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.Unlawfully driving a vehicle through a railroad-highway grade crossing—6 points.All other moving violations (including parking on a highway outside the limits of a municipality)—3 points. However, points may not be imposed for a violation of s. 316.0741 or s. 316.2065(11); and points may be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5).Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.Any conviction under s. 403.413(6)(b)—3 points.Any conviction under s. 316.0775(2)—4 points.A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone—2 points, in addition to the points assigned for the moving violation.
1. Reckless driving, willful and wanton—4 points.
2. Leaving the scene of a crash resulting in property damage of more than $50—6 points.
3. Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.
4. Passing a stopped school bus:a. Not causing or resulting in serious bodily injury to or death of another—4 points.b. Causing or resulting in serious bodily injury to or death of another—6 points.c. Points may not be imposed for a violation of passing a stopped school bus as provided in s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant 1to s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant to s. 316.173 may not be used for purposes of setting motor vehicle insurance rates.
a. Not causing or resulting in serious bodily injury to or death of another—4 points.
b. Causing or resulting in serious bodily injury to or death of another—6 points.
c. Points may not be imposed for a violation of passing a stopped school bus as provided in s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant 1to s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) when enforced by a school bus infraction detection system pursuant to s. 316.173 may not be used for purposes of setting motor vehicle insurance rates.
5. Unlawful speed:a. Not in excess of 15 miles per hour of lawful or posted speed—3 points.b. In excess of 15 miles per hour of lawful or posted speed—4 points.c. Points may not be imposed for a violation of unlawful speed as provided in s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896 may not be used for purposes of setting motor vehicle insurance rates.
a. Not in excess of 15 miles per hour of lawful or posted speed—3 points.
b. In excess of 15 miles per hour of lawful or posted speed—4 points.
c. Points may not be imposed for a violation of unlawful speed as provided in s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896. In addition, a violation of s. 316.1895 or s. 316.183 when enforced by a traffic infraction enforcement officer pursuant to s. 316.1896 may not be used for purposes of setting motor vehicle insurance rates.
6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. However, points may not be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.
7. Unlawfully driving a vehicle through a railroad-highway grade crossing—6 points.
8. All other moving violations (including parking on a highway outside the limits of a municipality)—3 points. However, points may not be imposed for a violation of s. 316.0741 or s. 316.2065(11); and points may be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5).
9. Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.
10. Any conviction under s. 403.413(6)(b)—3 points.
11. Any conviction under s. 316.0775(2)—4 points.
12. A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone—2 points, in addition to the points assigned for the moving violation.

(e)

A conviction in another state of a violation therein which, if committed in this state, would be a violation of the traffic laws of this state, or a conviction of an offense under any federal law substantially conforming to the traffic laws of this state, except a violation of s. 322.26, may be recorded against a driver on the basis of the same number of points received had the conviction been made in a court of this state.

(f)

In computing the total number of points, when the licensee reaches the danger zone, the department is authorized to send the licensee a warning letter advising that any further convictions may result in suspension of his or her driving privilege.

(g)

The department shall administer and enforce the provisions of this law and may make rules and regulations necessary for its administration.

(h)

Three points shall be deducted from the driver history record of any person whose driving privilege has been suspended only once pursuant to this subsection and has been reinstated, if such person has complied with all other requirements of this chapter.

(i)

This subsection does not apply to persons operating a nonmotorized vehicle for which a driver license is not required.

(4)

The department, in computing the points and period of time for suspensions under this section, shall use the offense date of all convictions.

(5)(a)

The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.If a person whose driver license has been revoked under paragraph (a) as a result of a third violation of driving a motor vehicle while his or her license is suspended or revoked provides proof of compliance for an offense listed in s. 318.14(10)(a)1.-5., the clerk of court shall submit an amended disposition to remove the habitual traffic offender designation.

(5)(a)

The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.

(b)

If a person whose driver license has been revoked under paragraph (a) as a result of a third violation of driving a motor vehicle while his or her license is suspended or revoked provides proof of compliance for an offense listed in s. 318.14(10)(a)1.-5., the clerk of court shall submit an amended disposition to remove the habitual traffic offender designation.

(6)

The department shall revoke the driving privilege of any person who is convicted of a felony for the possession of a controlled substance if, at the time of such possession, the person was driving or in actual physical control of a motor vehicle. A person whose driving privilege has been revoked pursuant to this subsection is not eligible to receive a limited business or employment purpose license during the term of such revocation.

(7)

Review of an order of suspension or revocation shall be by writ of certiorari as provided in s. 322.31.

Source: Section 322.27 — Authority of department to suspend or revoke driver license or identification card, https://www.­flsenate.­gov/Laws/Statutes/2024/0322.­27 (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

§ 322.27. Auth. of department to suspend or revoke driver license or identification card's source at flsenate​.gov