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2013 Florida Statutes

SECTION 0155
Suspension of driver’s license following an adjudication of guilt for theft.
F.S. 812.0155
812.0155 Suspension of driver’s license following an adjudication of guilt for theft.
(1) Except as provided in subsections (2) and (3), the court may order the suspension of the driver’s license of each person adjudicated guilty of any misdemeanor violation of s. 812.014 or s. 812.015, regardless of the value of the property stolen. The court shall order the suspension of the driver’s license of each person adjudicated guilty of any misdemeanor violation of s. 812.014 or s. 812.015 who has previously been convicted of such an offense. Upon ordering the suspension of the driver’s license of the person adjudicated guilty, the court shall forward the driver’s license of the person adjudicated guilty to the Department of Highway Safety and Motor Vehicles in accordance with s. 322.25.
(a) The first suspension of a driver’s license under this subsection shall be for a period of up to 6 months.
(b) A second or subsequent suspension of a driver’s license under this subsection shall be for 1 year.
(2) The court may revoke, suspend, or withhold issuance of a driver’s license of a person less than 18 years of age who violates s. 812.014 or s. 812.015 as an alternative to sentencing the person to:
(a) Probation as defined in s. 985.03 or commitment to the Department of Juvenile Justice, if the person is adjudicated delinquent for such violation and has not previously been convicted of or adjudicated delinquent for any criminal offense, regardless of whether adjudication was withheld.
(b) Probation as defined in s. 985.03, commitment to the Department of Juvenile Justice, probation as defined in chapter 948, community control, or incarceration, if the person is convicted as an adult of such violation and has not previously been convicted of or adjudicated delinquent for any criminal offense, regardless of whether adjudication was withheld.
(3) As used in this subsection, the term “department” means the Department of Highway Safety and Motor Vehicles. A court that revokes, suspends, or withholds issuance of a driver’s license under subsection (2) shall:
(a) If the person is eligible by reason of age for a driver’s license or driving privilege, direct the department to revoke or withhold issuance of the person’s driver’s license or driving privilege for not less than 6 months and not more than 1 year;
(b) If the person’s driver’s license is under suspension or revocation for any reason, direct the department to extend the period of suspension or revocation by not less than 6 months and not more than 1 year; or
(c) If the person is ineligible by reason of age for a driver’s license or driving privilege, direct the department to withhold issuance of the person’s driver’s license or driving privilege for not less than 6 months and not more than 1 year after the date on which the person would otherwise become eligible.
(4) Subsections (2) and (3) do not preclude the court from imposing any sanction specified or not specified in subsection (2) or subsection (3).
History.s. 4, ch. 2001-115; s. 34, ch. 2004-373.