Florida Statute 322.264 defines the habitual traffic offender (HTO) — a designation that brings a 5-year license revocation imposed by the DHSMV, usually by mail, often to someone who had no idea it was coming.
How you become an HTO
- Three convictions within 5 years of any combination of: DUI (§ 316.193), driving while license suspended or revoked, any felony involving a motor vehicle, vehicular manslaughter, or leaving a crash without rendering aid; or
- Fifteen convictions for point-assessable moving violations within 5 years.
What the designation costs you
Five years without a license. Driving during an HTO revocation is itself a third-degree felony. After 12 months, an HTO may apply for a hardship license through the DHSMV — but that first year has no exceptions. And under a 2026 amendment to § 322.271, violating the conditions of that restricted license forfeits all driving privileges for the remainder of the 5-year revocation — there is no second hardship.
The detail most people miss
The trap is that paying a DWLS ticket counts as a conviction. People pay suspended-license citations online to make them go away, and the third payment quietly completes the HTO trifecta. Before you pay any § 322.34 citation, count your record — a charge that seems minor may be the one that takes your license for five years. An attorney can often reopen or restructure the underlying convictions to attack the designation itself.
Got an HTO revocation letter, or charged with driving as an HTO? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 322.264 (official Florida Statutes). Related on this site: Habitual traffic offender defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.