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Florida statute summary

F.S. §322.34 — Driving While License Suspended, Revoked, Canceled, or Disqualified

Sets the consequences for driving on a suspended or revoked license, which depend on whether the driver knew of the suspension and on prior convictions.

Official text

Read the wording of section 322.34 as published by The Florida Senate.

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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  • Habitual traffic offender: a person whose license has been revoked as a habitual traffic offender and who drives commits a third-degree felony.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.