Beginning on July 1, 2026, Florida Statutes § 322.264, Florida’s Habitual Traffic Offender statute, became harsher under a new law called “Isaiah’s Law” when the Legislature added driving without a valid license under § 322.03 to the offenses that count toward Habitual Traffic Offender status.
TAKE NOTICE: Make no mistake about the purpose of this harsh change. Rep. Webster Barnaby, who sponsored the bill that became the new law, put every Florida driver on notice when he announced that the purpose of changing the law was:
“HB 35 will make sure that people who willfully ignore our laws and endanger others will be held accountable and sent to jail.”
Isaiah’s Law was enacted as Chapter 2026-53, Laws of Florida. It added a new paragraph, § 322.264(1)(g):
“Driving a motor vehicle without a valid license in violation of s. 322.03.”
Being designated a Habitual Traffic Offender (HTO) results in a mandatory minimum five-year revocation of the person’s driving privilege.
What Causes Someone to Be Designated as a HTO in Florida?
It takes as little as three qualifying convictions arising from separate acts within five years to be designated a Habitual Traffic Offender.
Those three convictions do not have to be for the same offense. They may be any combination of the offenses listed in § 322.264(1).
That means a person does not need three DUIs, three reckless-driving convictions, or three serious crashes to be designated a Habitual Traffic Offender.
Three qualifying licensing-related convictions are enough.
Florida law also designates a person an HTO after 15 convictions for point-assessable moving traffic offenses within five years. Similar convictions under federal law, the law of another state or country, and certain out-of-state local ordinances count when they are similar to the offenses listed in § 322.264.
Once a person is designated an HTO, the Florida Department of Highway Safety and Motor Vehicles must revoke that person’s driving privilege for a minimum of five years. Driving while designated a Habitual Traffic Offender is a third-degree felony.
Do the Reasons for My License Being Suspended Have to Be Related to Dangerous Driving?
No.
For purposes of § 322.264(1)(d), what matters is the conviction for driving while the license is suspended or revoked.
The statute does not require that the original suspension have anything to do with DUI, reckless driving, speeding, a crash, or any other dangerous-driving offense.
A person’s license may be suspended for reasons that have nothing to do with dangerous driving. If the person drives while suspended and receives a qualifying conviction for driving while license suspended or revoked, that conviction counts toward Habitual Traffic Offender status.
What Most Florida Drivers Need to Understand About This Change
What most Florida drivers need to understand about this change is that a driver’s license may be suspended for reasons including:
- unpaid court fines and fees;
- failure to pay certain traffic penalties;
- failure to comply with a payment plan;
- failure to attend required driver improvement school;
- failure to appear for a scheduled traffic hearing;
- failure to comply with court directives;
- failure to pay certain criminal financial obligations;
- unpaid child support;
- failure to maintain required financial responsibility; and
- certain school-attendance violations involving minors.
For many court-related suspensions, the clerk reports the failure to DHSMV.
The clerk reports the failure. DHSMV suspends the license.
The reason for the original suspension does not change the fact that a later conviction for driving while license suspended or revoked counts under § 322.264(1)(d).
Approximately 75% of Florida License Suspension Notices Are Issued for Unpaid Fines, Fees, and Other Financial Obligations
Research by the Fines and Fees Justice Center found that approximately three out of four Florida driver’s license suspension notices were issued because of unpaid fines and fees rather than dangerous driving.
These financial obligations include matters such as:
- unpaid traffic fines;
- unpaid court costs and fees;
- unpaid amounts due under court-ordered payment plans;
- unpaid criminal fines and other court-imposed financial obligations;
- unpaid civil penalties; and
- unpaid child support.
The organization’s 2023 report, *Stepping on the Gas: Accelerating Florida’s Growth by Restoring the Freedom to Drive*, reported that approximately 75% of suspension notices were tied to unpaid fines and fees.
The report found that only approximately 3% of suspension notices were associated with dangerous-driving offenses such as DUI.
The Fines and Fees Justice Center’s earlier 2019 report, *Driving on Empty*, found that approximately 72% of Florida driver’s license suspensions were for unpaid fines and fees rather than unsafe driving.
The 2023 report also found that more than 5.1 million suspension notices for unpaid court debt were issued between 2017 and 2021.
Why Does the 75% Figure Matter to Florida’s Habitual Traffic Offender Law?
Because driving while a license is suspended or revoked is one of the offenses that counts toward HTO status.
Section 322.264(1)(d) states:
“Driving a motor vehicle while his or her license is suspended or revoked.”
The statute does not ask why the license was originally suspended.
A person’s license may be suspended because of unpaid fines, fees, child support, failure to appear, failure to comply with a court obligation, or another reason unrelated to dangerous driving.
If the person then drives while suspended and receives a qualifying conviction for driving while license suspended or revoked, that conviction counts as one of the offenses listed in the HTO statute.
A common sequence is:
unpaid fines, fees, or another financial obligation → license suspension → driving while suspended → DWLS conviction → HTO predicate conviction.
Three qualifying convictions arising from separate acts within five years result in HTO status. DHSMV must then revoke the person’s driving privilege for a minimum of five years.
What Other Convictions Cause Habitual Traffic Offender Status in Florida?
Florida Statutes § 322.264 provides two basic paths to HTO status.
The first is three qualifying convictions arising from separate acts within five years.
Those convictions include:
- voluntary or involuntary manslaughter resulting from operation of a motor vehicle;
- DUI;
- a felony committed using a motor vehicle;
- driving while a license is suspended or revoked;
- failing to stop and render aid after a crash resulting in death or personal injury;
- driving a commercial motor vehicle while the person’s privilege is disqualified; and
- driving a motor vehicle without a valid license in violation of § 322.03.
The convictions do not have to be for the same offense. Section 322.264 says “three or more convictions of any one or more” of the listed offenses.
The second path is 15 convictions for moving traffic offenses for which points may be assessed within five years.
Florida also counts similar violations of federal law, the law of another state or country, and certain out-of-state local ordinances when those offenses are similar to the offenses identified in § 322.264.
Do Traffic Violations Count Toward Habitual Traffic Offender Status?
Some do.
A traffic ticket is not the same thing as a conviction. Florida’s HTO statute counts convictions.
For the 15-conviction provision, the person must have 15 convictions for moving traffic offenses for which points may be assessed.
For the three-conviction provision, each conviction must be for one of the offenses specifically listed in § 322.264(1).
Three ordinary speeding tickets do not satisfy the three-conviction provision simply because there are three of them.
Speeding convictions count toward the separate 15-moving-conviction provision if points may be assessed for those offenses.
The statute looks at the person’s record of convictions maintained by DHSMV.
Because HTO status depends on the exact convictions recorded by DHSMV, anyone facing an HTO designation should have the driving record and underlying dispositions reviewed carefully. Attorney Ken Turner offers a free consultation to discuss Florida Habitual Traffic Offender issues and the convictions appearing on a Florida driving record.
Can a Habitual Traffic Offender Get a Work Permit or Hardship License?
After 12 months from the date of the HTO revocation, Florida law allows the person to petition DHSMV for restricted driving privileges.
The restricted license is not automatic.
DHSMV conducts a hearing and considers the person’s qualifications, fitness, and need to drive.
Florida law provides for restrictions involving business purposes or employment purposes.
A business-purposes-only restriction permits driving necessary to maintain a livelihood and includes specified driving for work, educational, church, and medical purposes.
An employment-purposes-only restriction is narrower and permits driving to and from work and driving required by an employer or occupation.
A five-year HTO revocation does not mean a person should assume that no restricted driving privilege is available. The timing, statutory requirements, and driving record matter. Attorney Ken Turner offers a free consultation to discuss HTO hardship and restricted-license issues.
What Happens If a Habitual Traffic Offender Drives?
Driving while designated a Habitual Traffic Offender is a third-degree felony under § 322.34(5).
The sequence is:
HTO designation → minimum five-year revocation → driving while designated HTO → third-degree felony.
A new driving charge during an HTO revocation therefore presents consequences far beyond another ordinary traffic citation. Anyone charged with driving while designated an HTO should speak with an attorney promptly. Attorney Ken Turner offers a free consultation concerning Florida HTO and suspended-license charges.
Can an HTO Designation Be Removed?
Florida law contains a specific procedure for removing certain HTO designations resulting from a third driving-while-license-suspended violation.
Section 322.27(5)(b) provides for an amended disposition removing the HTO designation when its statutory requirements are satisfied.
The provision applies to the circumstances identified in the statute. It is not a general cancellation provision applying to every HTO designation.
Whether an HTO designation may be removed depends on the convictions that produced the designation, the underlying suspensions, and the statutory procedure that applies to those dispositions. Attorney Ken Turner offers a free consultation to review an HTO driving record and discuss whether Florida law provides a procedure for removing the designation.
Sources
Florida Statutes §§ 318.15, 322.264, 322.27, 322.271 and 322.34.
Chapter 2026-53, Laws of Florida, Isaiah’s Law, effective July 1, 2026.
Florida Senate, CS/HB 35 — Habitual Traffic Offender Designation, 2026 legislative history.
The Florida Bar News, *Bill Targets Repeat Unlicensed Drivers With Tougher Penalties* (December 18, 2025).
Fines and Fees Justice Center, *Driving on Empty: Florida’s Counterproductive and Costly Driver’s License Suspension Practices* (2019).
Fines and Fees Justice Center, *Stepping on the Gas: Accelerating Florida’s Growth by Restoring the Freedom to Drive* (2023).
About Attorney Ken Turner
Attorney Ken Turner represents clients in Florida criminal defense, traffic, suspended-license, and Habitual Traffic Offender matters. He writes about changes in Florida law that affect drivers and people facing criminal or traffic-related charges.
If you are facing an HTO designation, a suspended or revoked license, or a related criminal traffic charge, Ken Turner offers a free consultation to review your driving record, prior dispositions, and available options.