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Carrol v. State5/24/2000
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However, in referring specifically to the revocation provided for in the above subsection, section 322.271(1)(b), Florida Statutes (1997), states:
(b) A person whose driving privilege has been revoked under s. 322.27(5) may, upon expiration of 12 months from the date of such revocation, petition the department for restoration of his or her driving privilege. Upon such petition and after investigation of the person's qualification, fitness, and need to drive the department shall hold a hearing pursuant to chapter 120 to determine whether the driving privilege shall be restored on a restricted basis solely for business or employment purposes. (emphasis added).
Given the above interchangeable use of the terms in the statute, we must conclude that the legislature intended the terms "driving privilege" and "driver's license" to mean the same thing and to apply equally to either situation. Consequently, as applied to appellant, we must conclude that his lack of a driver's license did not relieve him from conviction as a habitual traffic offender whose driver's license (driving privilege) had been revoked or suspended. The court properly denied his motion to dismiss.
Affirmed.
BLUE and SALCINES, JJ., Concur.
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