Florida Statutes 322.75 – Driver License Reinstatement Days
Current as of: 2023 | Check for updates
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(1) Each clerk of court shall establish a Driver License Reinstatement Days program for reinstating suspended driver licenses. Participants may include, but are not limited to, the Department of Highway Safety and Motor Vehicles, the state attorney’s office, the public defender‘s office, the circuit and county courts, the clerk of court, and any interested community organization.
(2) The clerk of court, in consultation with other participants, shall select 1 or more days annually for an event at which a person may have his or her driver license reinstated. The clerk may work with the Florida Association of Court Clerks and Comptrollers to promote such program, develop communications, and coordinate the event. A person must pay the full license reinstatement fee; however, the clerk may reduce or waive other fees and costs, except those imposed by the court, to facilitate reinstatement.
(3) The clerk of court is encouraged to schedule at least one event on a weekend or with hours after 5 p.m. on a weekday.
(4)(a) A person is eligible for reinstatement under the program if his or her license was suspended due to:
1. Driving without a valid driver license;
2. Driving with a suspended driver license;
3. Failing to make a payment on penalties in collection;
4. Failing to appear in court for a traffic violation; or
5. Failing to comply with any provision of chapter 318 or this chapter.
Terms Used In Florida Statutes 322.75
- Alcohol: means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol. See Florida Statutes 322.01
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action. See Florida Statutes 322.01
- Department: means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives. See Florida Statutes 322.01
- Driver license: means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in 49 U. See Florida Statutes 322.01
- Felony: means any offense under state or federal law that is punishable by death or by a term of imprisonment exceeding 1 year. See Florida Statutes 322.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Revocation: means the termination of a licensee's privilege to drive. See Florida Statutes 322.01
- State: means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia. See Florida Statutes 322.01
- Suspension: means the temporary withdrawal of a licensee's privilege to drive a motor vehicle. See Florida Statutes 322.01
(b) Notwithstanding paragraphs (5)(a)-(c), a person is eligible for reinstatement under the program if the period of suspension or revocation has elapsed, the person has completed any required course or program as described in paragraph (5)(c), and the person is otherwise eligible for reinstatement.
(5) A person is not eligible for reinstatement under the program if his or her driver license is suspended or revoked due to:
(a) The person’s failure to fulfill a court-ordered child support obligation;
(b) A violation of s. 316.193;
(c) The person’s failure to complete a driver training program, driver improvement course, or alcohol or substance abuse education or evaluation program required under s. 316.192, s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
(d) A traffic-related felony; or
(e) The person being designated as a habitual traffic offender under s. 322.264.
(6) The clerk of court and the Department of Highway Safety and Motor Vehicles shall verify any information necessary for reinstatement of a driver license under the program.
(7) The clerk of court must collect and report to the Florida Clerks of Court Operations Corporation all of the following:
(a) Number of cases paid in full.
(b) Number of cases put on a payment plan.
(c) Number of driver license reinstatements.
(d) Number of driver licenses made eligible for reinstatement.
(e) Amount of fees and costs collected, reported by the entity receiving the funds. The Florida Clerks of Court Operations Corporation must report the aggregate funds received by the clerks of court, the local governmental entities, and state entities, including the General Revenue Fund.
(f) The personnel, operating, security, and other expenditures incurred by the clerk of court.
(g) The number of cases that fail to comply with a payment plan and subsequently result in driver license suspension.
(8) The Florida Clerks of Court Operations Corporation shall report the information collected in subsection (7) in its annual report required by s. 28.35.