Driving while revoked as habitual traffic offender
Florida Statute § 322.34(5)
Summary verified against the 2026 Florida Statutes: October 25, 2026.
Quick Summary
Confirm highway motor-vehicle driving and an operative habitual-traffic-offender designation. The ordinary subsection (5) classification is a third-degree felony, but check subsection (10) before selecting that track. A person with no prior forcible-felony conviction and a qualifying §322.264(1)(d) designation based on the suspensions listed in (10)(a)1.-5. may fall under misdemeanor penalties. Verify each suspension underlying the designation and the criminal history; an HTO database label alone does not resolve the exception. Permanent revocation under §322.341 is separate.
Summary sources
Check subsection (10) before selecting the HTO felony track.
Subsection (10) — Does the misdemeanor exception apply?
Required together: no prior forcible-felony conviction as defined in §776.08; AND the cancellation, suspension, revocation, or equivalent status is based on one of the following. The (10)(b) offense requires knowing driving.
- Failure to pay child support under §322.245 or §61.13016. §322.34(10)(a)1.
- Failure to pay other financial obligations under §322.245, except those specified in §322.245(1). §322.34(10)(a)2.
- Failure to comply with a civil penalty under §318.15 (including qualifying unpaid traffic fines). §322.34(10)(a)3.
- Failure to maintain vehicular financial responsibility under chapter 324 (insurance-related suspension). §322.34(10)(a)4.
- Failure to meet attendance or other requirements for minors under §322.091. §322.34(10)(a)5.
- HTO designation under §322.264(1)(d) resulting from suspensions for the reasons in items 1–5. Check each suspension underlying the designation; an HTO label alone is insufficient. §322.34(10)(a)6.
First conviction: second-degree misdemeanor — (10)(b)1.
Second or subsequent conviction for the same offense: first-degree misdemeanor — (10)(b)2.
Document: the exact license action and underlying basis, knowledge, qualifying priors, and forcible-felony history. Do not infer eligibility solely from “suspended” or “HTO” on a database return. Confirm uncertain or mixed suspension histories with the State Attorney.
Related compliance election — (11): a qualifying cited non-CDL holder may elect a nolo contendere plea and provide proof of compliance to the clerk. No election in the preceding 12 months; no more than three total. Adjudication is withheld, and that disposition is not a conviction. This is a clerk/court procedure, not automatic roadside dismissal.
Official §322.34(10)–(11) ↗Verified against the 2026 Florida Statutes: October 25, 2026.
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Felony
- Degree
- 3rd Degree
- Points
- 0
- Fine / Penalty
- Court determined
- FLHSMV Code
- 613
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- No — felony
- Custodial Arrest
- Yes, when lawful arrest authority exists
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
Verify highway driving, operative license status, knowledge, prior convictions, and the underlying suspension basis. A third conviction alone is not a felony: subsection (2)(c) requires additional specified circumstances. Subsection (10) provides misdemeanor penalties for qualifying financial/attendance suspensions and qualifying HTO histories when there is no prior forcible felony. Check the eligibility guide before selecting the charge. Commercial-vehicle operation and careless/negligent driving causing death or serious bodily injury have separate requirements.
Review required facts and applicable instructions →