FSS 320

Question 1

320.07 Expiration of registration; renewal required; penalties.—
(3) The operation of any motor vehicle without having attached thereto a registration license plate and validation stickers, or the use of any mobile home without having attached thereto a mobile home sticker, for the current registration period shall subject the owner thereof, if he or she is present, or, if the owner is not present, the operator thereof to the following penalty provisions:
(a) Any person whose motor vehicle or mobile home registration has been expired for a period of _________ or less commits a _________ infraction, punishable as a __________ violation as provided in chapter 318. However, a law enforcement officer may not issue a citation for a violation under this paragraph until midnight on the last day of the owner’s birth month of the year the registration expires.
(b) Any person whose motor vehicle or mobile home registration has been expired for more than ____________, upon a first offense, is subject to the penalty provided in s. 318.14.
(c) Any person whose motor vehicle or mobile home registration has been expired for more than ___________, upon a second or subsequent offense, commits a __________________ degree, punishable as provided in s. 775.082 or s. 775.083.
(d) However, an operator shall not be charged with a violation of this subsection if the operator can show, pursuant to a valid lease agreement, that the vehicle had been leased for a period of _______________ or less at the time of the offense.

Answer 1

320.07 Expiration of registration; renewal required; penalties.—
(3) The operation of any motor vehicle without having attached thereto a registration license plate and validation stickers, or the use of any mobile home without having attached thereto a mobile home sticker, for the current registration period shall subject the owner thereof, if he or she is present, or, if the owner is not present, the operator thereof to the following penalty provisions:
(a) Any person whose motor vehicle or mobile home registration has been expired for a period of 6 months or less commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. However, a law enforcement officer may not issue a citation for a violation under this paragraph until midnight on the last day of the owner’s birth month of the year the registration expires.
(b) Any person whose motor vehicle or mobile home registration has been expired for more than 6 months, upon a first offense, is subject to the penalty provided in s. 318.14.
(c) Any person whose motor vehicle or mobile home registration has been expired for more than 6 months, upon a second or subsequent offense, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(d) However, an operator shall not be charged with a violation of this subsection if the operator can show, pursuant to a valid lease agreement, that the vehicle had been leased for a period of 30 days or less at the time of the offense.

Question 2

320.07 Expiration of registration; renewal required; penalties.—
(e) Any servicemember, as defined in s. 250.01, whose mobile home registration expired while he or she was serving on active duty or state active duty shall not be charged with a violation of this subsection if, at the time of the offense, the servicemember was serving on active duty or state active duty ____________ or more from the mobile home. The servicemember must present to the department either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer to receive a waiver of charges.
A. Distance

Answer 2

320.07 Expiration of registration; renewal required; penalties.—
(e) Any servicemember, as defined in s. 250.01, whose mobile home registration expired while he or she was serving on active duty or state active duty shall not be charged with a violation of this subsection if, at the time of the offense, the servicemember was serving on active duty or state active duty 35 miles or more from the mobile home. The servicemember must present to the department either a copy of the official military orders or a written verification signed by the
servicemember’s commanding officer to receive a waiver of charges.

Question 3

320.07 Expiration of registration; renewal required; penalties.—
(4)(a) In addition to a penalty provided in subsection (3), a delinquent fee based on the following schedule of license taxes shall be imposed on any applicant who fails to renew a registration prior to the end of the month in which renewal registration is due. The delinquent fee shall be applied beginning on the ____ calendar day of the month succeeding the renewal period. The delinquent fee does not apply to those vehicles that have not been required to be registered during the preceding registration period or as provided in s. 320.18(2). The delinquent fee shall be imposed as follows:
1. License tax of $__ but not more than $__: $5 flat.
2. License tax over $__ but not more than $__: $10 flat.
3. License tax over $__ but not more than $____: $15 flat.
4. License tax over $____ but not more than $____: $50 flat.
5. License tax over $____ but not more than $____: $100 flat.
6. License tax over $_____ and up: $250 flat.

Answer 3

320.07 Expiration of registration; renewal required; penalties.—
(4)(a) In addition to a penalty provided in subsection (3), a delinquent fee based on the following schedule of license taxes shall be imposed on any applicant who fails to renew a registration prior to the end of the month in which renewal registration is due. The delinquent fee shall be applied beginning on the 11th calendar day of the month succeeding the renewal period. The delinquent fee does not apply to those vehicles that have not been required to be registered during the preceding registration period or as provided in s. 320.18(2). The delinquent fee shall be imposed as follows:
1. License tax of $5 but not more than $25: $5 flat.
2. License tax over $25 but not more than $50: $10 flat.
3. License tax over $50 but not more than $100: $15 flat.
4. License tax over $100 but not more than $400: $50 flat.
5. License tax over $400 but not more than $600: $100 flat.
6. License tax over $600 and up: $250 flat.

Question 4

320.07 Expiration of registration; renewal required; penalties.—
(4)(a) In addition to a penalty provided in subsection (3), a delinquent fee based on the following schedule of license taxes shall be imposed on any applicant who fails to renew a registration prior to the end of the month in which renewal registration is due. The delinquent fee shall be applied beginning on the _____ calendar day of the month succeeding the renewal period. The delinquent fee does not apply to those vehicles that have not been required to be registered during the preceding registration period or as provided in s. 320.18(2). The delinquent fee shall be imposed as follows:
1. License tax of $5 but not more than $25: $__flat.
2. License tax over $25 but not more than $50: $___ flat.
3. License tax over $50 but not more than $100: $_____ flat.
4. License tax over $100 but not more than $400: $_____ flat.
5. License tax over $400 but not more than $600: $_____ flat.
6. License tax over $600 and up: $_____ flat.

Answer 4

320.07 Expiration of registration; renewal required; penalties.—
(4)(a) In addition to a penalty provided in subsection (3), a delinquent fee based on the following schedule of license taxes shall be imposed on any applicant who fails to renew a registration prior to the end of the month in which renewal registration is due. The delinquent fee shall be applied beginning on the 11th calendar day of the month succeeding the renewal period. The delinquent fee does not apply to those vehicles that have not been required to be registered during the preceding registration period or as provided in s. 320.18(2). The delinquent fee shall be imposed as follows:
1. License tax of $5 but not more than $25: $5 flat.
2. License tax over $25 but not more than $50: $10 flat.
3. License tax over $50 but not more than $100: $15 flat.
4. License tax over $100 but not more than $400: $50 flat.
5. License tax over $400 but not more than $600: $100 flat.
6. License tax over $600 and up: $250 flat.

Question 5

320.07 Expiration of registration; renewal required; penalties.—
(b) A person who has been assessed a penalty pursuant to s. 316.545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within ____________ days after such penalty was assessed. The official
receipt authorized by s. 316.545(6) constitutes proof of payment of the penalty authorized in s. 316.545(2)(b).

Answer 5

320.07 Expiration of registration; renewal required; penalties.—
(b) A person who has been assessed a penalty pursuant to s. 316.545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed. The official
receipt authorized by s. 316.545(6) constitutes proof of payment of the penalty authorized in s. 316.545(2)(b).

Question 6

320.131 Temporary tags.—
(f) Where a motor vehicle is required to be weighed or emission tested prior to registration or have a vehicle identification number verified. A temporary tag issued for any of these purposes shall be valid for _______________ days.
A. Time Frame

Answer 6

320.131 Temporary tags.—
(f) Where a motor vehicle is required to be weighed or emission tested prior to registration or have a vehicle identification number verified. A temporary tag issued for any of these purposes shall be valid for 10 days.

Question 7

320.131 Temporary tags.—
(j) While a personalized prestige or specialty license plate is being manufactured for use upon the motor vehicle. A temporary tag issued for this purpose shall be valid for __________________ days.

Answer 7

320.131 Temporary tags.—
(j) While a personalized prestige or specialty license plate is being manufactured for use upon the motor vehicle. A temporary tag issued for this purpose shall be valid for 90 days.

Question 8

320.131 Temporary tags.—
(2) The department is authorized to sell temporary tags, in addition to those listed above, to their agents and where need is demonstrated by a consumer
complainant. The fee shall be $___ each. ____ dollar from each tag sold shall be deposited into the Brain and Spinal Cord Injury Program Trust Fund, with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund. Agents of the department shall sell temporary tags for $___ each and shall charge the service charge authorized by s. 320.04 per transaction, regardless of the quantity sold. Requests for purchase of temporary tags to the department or its agents shall be made, where applicable, on letterhead stationery and notarized. Except as specifically provided otherwise, a temporary tag shall be valid for _____ days, and no more than two shall be issued to the same person for the same vehicle.

Answer 8

320.131 Temporary tags.—
(2) The department is authorized to sell temporary tags, in addition to those listed above, to their agents and where need is demonstrated by a consumer
complainant. The fee shall be $2 each. One dollar from each tag sold shall be deposited into the Brain and Spinal Cord Injury Program Trust Fund, with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund. Agents of the department shall sell temporary tags for $2 each and shall charge the service charge authorized by s. 320.04 per transaction, regardless of the quantity sold. Requests for purchase of temporary tags to the department or its agents shall be made, where applicable, on letterhead stationery and notarized. Except as specifically provided otherwise, a temporary tag shall be valid for 30 days, and no more than two shall be issued to the same person for the same vehicle.

Question 9

320.131 Temporary tags.—
(3) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this section commits a ______________ infraction, punishable as a __________ violation as provided in chapter 318 in addition to other administrative action by the department. Using a temporary tag that has been expired for a period of ______ days or less is a ____________ infraction, and is a ___________ violation punishable as provided for in chapter 318.

Answer 9

320.131 Temporary tags.—
(3) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this section commits a noncriminal infraction, punishable as a moving violation as provided in chapter 318 in addition to other administrative action by the department. Using a temporary tag that has been expired for a period of 7 days or less is a noncriminal infraction, and is a nonmoving violation punishable as provided for in chapter 318.

Question 10

320.131 Temporary tags.—
(5) Any person who knowingly and willfully abuses or misuses temporary tag issuance to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319 commits a __________________ degree, punishable as provided in s. 775.082 or s. 775.083.

Answer 10

320.131 Temporary tags.—
(5) Any person who knowingly and willfully abuses or misuses temporary tag issuance to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Question 11

320.131 Temporary tags.—
(6) Any person who knowingly and willfully issues a temporary tag or causes another to issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner of a vehicle commits a _________________ degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Answer 11

320.131 Temporary tags.—
(6) Any person who knowingly and willfully issues a temporary tag or causes another to issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner of a vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Question 12

320.131 Temporary tags.—
(7) Any person authorized by this section to purchase and issue a temporary tag shall maintain records as required by this chapter or departmental rules, and such records shall be open to inspection by the department or its agents during reasonable business hours. Any person who knowingly and willfully fails to comply with this subsection commits a ___________________ degree, punishable as provided in s. 775.082 or s. 775.083.

Answer 12

320.131 Temporary tags.—
(7) Any person authorized by this section to purchase and issue a temporary tag shall maintain records as required by this chapter or departmental rules, and such records shall be open to inspection by the department or its agents during reasonable business hours. Any person who knowingly and willfully fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Question 13

322.03 Drivers must be licensed; penalties.—
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.
(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a _______________ infraction, punishable as a _____________ violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a _____________________________ degree, punishable as provided in s. 775.082 or s. 775.083.

Answer 13

322.03 Drivers must be licensed; penalties.—
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.
(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Question 14

322.03 Drivers must be licensed; penalties.—
(2) Prior to issuing a driver license, the department shall require any person who has been convicted ______ or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding ___________ years, or who has been convicted of ______ or more such offenses within the preceding ______ years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within _____ days after issuance, the department shall cancel the license. Further, prior to issuing the driver license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.

Answer 14

322.03 Drivers must be licensed; penalties.—
(2) Prior to issuing a driver license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.

Question 15

322.03 Drivers must be licensed; penalties.—
(3)(a) The department may not issue a commercial driver license to any person who is not a resident of this state.
(b) A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a ______________________ degree, punishable as provided in s. 775.082 or s. 775.083.

Answer 15

322.03 Drivers must be licensed; penalties.—
(3)(a) The department may not issue a commercial driver license to any person who is not a resident of this state.
(b) A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is
guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Question 16

322.03 Drivers must be licensed; penalties.—
(c) Any person whose commercial driver license has been expired for a period of ___________ or less and who drives a commercial motor vehicle within this state is guilty of a ___________ violation, punishable as provided in s. 318.18.

Answer 16

322.03 Drivers must be licensed; penalties.—
(c) Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18.

Question 17

322.03 Drivers must be licensed; penalties.—
(5) It is a violation of this section for any person whose driver license has been expired for more than ______________ to operate a motor vehicle on the highways of this state.

Answer 17

322.03 Drivers must be licensed; penalties.—
(5) It is a violation of this section for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.

Question 18

322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—
(3) In relation to violations of subsection (1) or s. 322.03(5), persons who cannot supply proof of a valid driver license for the reason that the license was suspended for failure to comply with that citation shall be issued a suspension clearance by the clerk of the court for that citation upon payment of the applicable penalty and fee for that citation. If proof of a valid driver license is not provided to the clerk of the court within ____ days, the person’s driver license shall again be suspended for failure to comply.
(4) A violation of subsection (1) is a ______________ infraction, punishable as a _____________ violation as provided in chapter 318.

Answer 18

322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—
(3) In relation to violations of subsection (1) or s. 322.03(5), persons who cannot supply proof of a valid driver license for the reason that the license was suspended for failure to comply with that citation shall be issued a suspension clearance by the clerk of the court for that citation upon payment of the applicable penalty and fee for that citation. If proof of a valid driver license is not provided to the clerk of the court within 30 days, the person’s driver license shall again be suspended for failure to comply.
(4) A violation of subsection (1) is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

Question 19

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of
a ______________ violation, punishable as provided in chapter 318.
(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(42), except persons defined in s. 322.264, who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits:
(a) A _______________________________ degree, punishable as provided in s. 775.082 or s. 775.083.
(b)1. A ______________________________ degree, punishable as provided in s. 775.082 or s. 775.083, upon a second or subsequent conviction, except as provided in paragraph (c).

Answer 19

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of
a moving violation, punishable as provided in chapter 318.
(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(42), except persons defined in s. 322.264, who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits:
(a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b)1. A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, upon a second or subsequent conviction, except as provided in paragraph (c).

Question 20

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
2. A person convicted of a _________ or subsequent conviction, except as provided in paragraph (c), must serve a minimum of __________________ in jail.
(c) A ________________________ degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, upon a ___________________ or subsequent conviction if the current violation of this section or the most recent prior violation of the section is related to driving while license canceled, suspended, revoked, or suspension or revocation equivalent status resulting from a violation of:
1. Driving under the influence;
2. Refusal to submit to a urine, breath-alcohol, or blood alcohol test;
3. A traffic offense causing death or serious bodily injury; or
4. Fleeing or eluding.

Answer 20

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
2. A person convicted of a third or subsequent conviction, except as provided in paragraph (c), must serve a minimum of 10 days in jail.
(c) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, upon a third or subsequent conviction if the current violation of this section or the most recent prior violation of the section is related to driving while license canceled, suspended, revoked, or suspension or revocation equivalent status resulting from a violation of:
1. Driving under the influence;
2. Refusal to submit to a urine, breath-alcohol, or blood alcohol test;
3. A traffic offense causing death or serious bodily injury; or
4. Fleeing or eluding.

Question 21

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(5) Any person who has been designated a habitual traffic offender as defined by s. 322.264 and who drives any motor vehicle upon the highways of this state while designated a habitual traffic offender is guilty of a _____________________ degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Answer 21

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(5) Any person who has been designated a habitual traffic offender as defined by s. 322.264 and who drives any motor vehicle upon the highways of this state while designated a habitual traffic offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Question 22

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(6) Any person who operates a motor vehicle:
(a) Without having a driver license as required under s. 322.03; or
(b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a _______________________
degree, punishable as provided in s. 775.082 or s. 775.083.

Answer 22

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(6) Any person who operates a motor vehicle:
(a) Without having a driver license as required under s. 322.03; or
(b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third
degree, punishable as provided in s. 775.082 or s. 775.083.

Question 23

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(7) Any person whose driver license or driving privilege has been canceled, suspended, revoked, or disqualified, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status, and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, or while under suspension or revocation equivalent status, upon:
(a) A first conviction is guilty of a ________________________ degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A __________ or subsequent conviction is guilty of a ______________________ degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Answer 23

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(7) Any person whose driver license or driving privilege has been canceled, suspended, revoked, or disqualified, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status, and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, or while under suspension or revocation equivalent status, upon:
(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Question 24

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
4. Whether the driver is the registered owner or co-owner of the vehicle.
(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.
(c) Within _____________ days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

Answer 24

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
4. Whether the driver is the registered owner or co-owner of the vehicle.
(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.
(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of
the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

Question 25

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:
1. The owner presents proof of insurance to the arresting agency; or
2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.
If proof is not presented within __________________ days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

Answer 25

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:
1. The owner presents proof of insurance to the arresting agency; or
2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.
If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

Question 26

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within _____________ days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

Answer 26

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and
fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

Question 27

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.7062 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver license is suspended, revoked, or canceled, or suspension or revocation equivalent status was imposed, as a result of a prior conviction for driving under the influence.
(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.
(c) Notwithstanding s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, ___ percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency. The remaining _____ percent of the proceeds shall first be applied to payment of court costs, fines, and fees remaining due, and any remaining balance of proceeds shall be deposited in the General Revenue Fund for use by local workforce development boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.

Answer 27

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.7062 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver license is suspended, revoked, or canceled, or suspension or revocation equivalent status was imposed, as a result of a prior conviction for driving under the influence.
(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.
(c) Notwithstanding s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency. The remaining 70 percent of the proceeds shall first be applied to payment of court costs, fines, and fees remaining due, and any remaining balance of proceeds shall be deposited in the General Revenue Fund for use by local workforce development boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.

Question 28

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a ______________________ degree, punishable as provided in s. 775.082 or s. 775.083.
2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a _________________________ degree, punishable as provided in s. 775.082 or s. 775.083.

Answer 28

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Question 29

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(11)(a) A person who does not hold a commercial driver license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding ______ months. A person may not make more than ______ elections under this subsection.
(b) If adjudication is withheld under paragraph (a), such action is not a conviction.

Answer 29

322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(11)(a) A person who does not hold a commercial driver license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.
(b) If adjudication is withheld under paragraph (a), such action is not a conviction.

Question 30

322.341 Driving while license permanently revoked.—Any person whose driver license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 and who drives a motor vehicle upon the highways of this state is guilty of a _______________________________ degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.—s. 13, ch. 98-223

Answer 30

322.341 Driving while license permanently revoked.—Any person whose driver license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 and who drives a motor vehicle upon the highways of this state is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 13, ch. 98-223

Question 31

322.35 Permitting unauthorized minor to drive.—No person shall cause or knowingly permit his or her child or ward under the age of __________ years to drive a motor vehicle upon any highway when such minor is not authorized by the provisions of this chapter.

Answer 31

322.35 Permitting unauthorized minor to drive.—No person shall cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized by the provisions of this chapter.

Question 32

322.36 Permitting unauthorized operator to drive.—A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by a person who is duly authorized to operate a motor vehicle under this chapter. Any person who violates this section commits a __________________________ degree, punishable as provided in s. 775.082 or s. 775.083. If a person violates this section by knowingly loaning a vehicle to a person whose driver license is suspended and if that vehicle is involved in an accident resulting in bodily injury or death, the driver license of the person violating this section shall be suspended for _____________________.

Answer 32

322.36 Permitting unauthorized operator to drive.—A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by a person who is duly authorized to operate a motor vehicle under this chapter. Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. If a person violates this section by
knowingly loaning a vehicle to a person whose driver license is suspended and if that vehicle is involved in an accident resulting in bodily injury or death, the driver license of the person violating this section shall be suspended for 1 year.