Official text
Read the wording of section 322.34 as published by The Florida Senate.
What this section covers
Section 322.34 covers driving while a license or driving privilege is canceled, suspended, or revoked.
Offense levels
- Without knowledge of the suspension: a moving violation, handled as a traffic infraction.
- With knowledge, first conviction: second-degree misdemeanor.
- With knowledge, second conviction: first-degree misdemeanor.
- With knowledge, third or subsequent conviction: first-degree misdemeanor with a minimum of 10 days in jail. It is a third-degree felony if the suspension resulted from DUI, refusing a breath, urine, or blood test, a traffic offense causing death or serious bodily injury, or fleeing or eluding.
- Habitual traffic offender: a person whose license has been revoked as a habitual traffic offender and who drives commits a third-degree felony.
How “knowledge” is shown
Knowledge is satisfied if the person was previously cited under this section, admits knowing of the suspension, or received notice of it. A rebuttable presumption of knowledge arises when the suspension appears in the department’s records, except for suspensions for failing to pay a traffic fine or for a financial responsibility violation.