WILLIE FLOYD
v.
STATE OF FLORIDA
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Willie Floyd, a habitual traffic offender whose driver's license was revoked, was convicted of driving while license revoked under Florida Statute § 322.34(5). Floyd argued on appeal that he never had a "driver license" because he only held a "learner's permit." The court affirmed the conviction, holding that a learner's driver license constitutes a "driver license" under Florida law.
A learner's driver license is a "driver license" within the meaning of § 322.34(5) because it authorizes an individual to drive a motor vehicle, consistent with the statutory definition. Although a learner's driver license includes operational restrictions, it still authorizes driving and therefore satisfies the statutory requirement.
[1] A learner's driver license issued under Florida law constitutes a 'driver license' within the statutory definition in section 322.01(17) and is subject to revocation unde…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34(5) offense.”
Florida Supreme Court precedent establishing that having a driver license that was revoked is required for the offense charged.
Floyd, designated a habitual traffic offender with fifteen license suspensions or revocations, was pulled over for speeding at nearly double the speed…
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November 20, 2018 WINSOR, J.
Willie Floyd is what state law calls a “habitual traffic offender.” See § 322.264, Fla. Stat. (2014). When an officer pulled him over for going nearly double the speed limit, the officer discovered that Floyd’s license had been suspended or revoked some fifteen times—and that it was still revoked. The State charged Floyd with violating section 322.34(5), which provides that “[a]ny person whose driver license has been revoked pursuant to [the habitual traffic offender statute] and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.” He was convicted and sentenced to 33.5 months in prison.
By its own terms, the statute applies only if a “driver license has been revoked,” id., and the Florida Supreme Court has confirmed that the statute does not apply to those who never had a license in the first place, State v. Miller, 227 So. 3d 562, 565 (Fla. 2017) (“Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34(5) offense.”). Floyd’s sole argument on appeal is that he never had a “driver license” because he had only a “learner’s permit.” He argues concisely: “A learner’s permit is not a driver’s license.” Init. Br. at 7. If Floyd were correct on this point, he would prevail under Miller. But he is not correct.
Although Floyd (and perhaps others) refer colloquially to a “learner’s permit,” the Florida Legislature chose to classify what Floyd held as a “learner’s driver license.” § 322.1615, Fla. Stat. Moreover, the Legislature defined “driver license” to mean “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.S.C. s. 30301.” § 322.01(17), Fla. Stat.; see also 49 U.S.C. § 30301 (“‘[M]otor vehicle operator’s license’ means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.”). A “learner’s driver license” indeed authorizes a holder to drive a motor vehicle, albeit with certain restrictions. § 322.1615, Fla. Stat. (providing that “[a] person who holds a learner’s driver license may operate a vehicle” subject to certain restrictions). The most notable restriction is that someone with a “learner’s driver license” may drive only when a licensed driver over 21 is riding up front. Id. Floyd correctly notes that the license “does not allow someone to drive a car by themselves,” Init. Br. at 7, but it does allow someone to drive a car. The statutory definition of “driver license” includes learner’s licenses like the one Floyd once held.
AFFIRMED.
B.L. THOMAS, C.J., and WETHERELL, J., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Amanda D. Stokes, Assistant Attorney General, Tallahassee, for Appellee.