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Fla. Stat. § 322.202

outside the civil frameworkverified

Admission of evidence obtained from the Division of Motorist Services

How Florida classifies this section

s. 322.202 is not within § 318.14(1)'s noncriminal-infraction list

This section is outside the list § 318.14(1) makes noncriminal, and outside chapter 316 — so the civil pay/school/hearing election does not attach to it by that route. Charges under it proceed under the charged statute's own terms (many are criminal traffic offenses). The verbatim text below, when in the corpus, is what controls; a licensed attorney is the right reader for a charge in this lane.

The statute, verbatim

322.202 Admission of evidence obtained from the Division of Motorist Services.—(1) The Legislature finds that the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is not a law enforcement agency. The Legislature also finds that the division is not an adjunct of any law enforcement agency in that employees have no stake in particular prosecutions. The Legislature further finds that errors in records maintained by the division are not within the collective knowledge of any law enforcement agency. The Legislature also finds that the missions of the division and the Department of Highway Safety and Motor Vehicles provide a sufficient incentive to maintain records in a current and correct fashion.
(2) The Legislature finds that the purpose of the exclusionary rule is to deter misconduct on the part of law enforcement officers and law enforcement agencies.
(3) The Legislature finds that the application of the exclusionary rule to cases where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division is repugnant to the purposes of the exclusionary rule and contrary to the decisions of the United States Supreme Court in Arizona v. Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897 (1984).
(4) In any case where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from the division, evidence found pursuant to such an arrest shall not be suppressed by application of the exclusionary rule on the grounds that the arrest is subsequently determined to be unlawful due to erroneous information obtained from the division.
History.—s. 1, ch. 2002-215; s. 25, ch. 2011-66.

sha256 ed6256ed3e5784460d9b1d14f58a7262… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →

Which text, as of when

2025 Florida Statuteslast amended 2011

Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.

History.—s. 1, ch. 2002-215; s. 25, ch. 2011-66.

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Questions drivers ask

Is section 322.202 a traffic infraction?

This section is outside the list § 318.14(1) makes noncriminal, and outside chapter 316 — so the civil pay/school/hearing election does not attach to it by that route. Charges under it proceed under the charged statute's own terms (many are criminal traffic offenses). The verbatim text below, when in the corpus, is what controls; a licensed attorney is the right reader for a charge in this lane.

Can this page tell me what to do about my ticket?

No — and that line is the product. It shows the statute verbatim, the classification, the point rows, and the options with their stated consequences. What to do about a specific ticket is a decision for you, or for a licensed attorney; the free War Room decodes your citation, and the attorney connection is free to request with the firm billing directly.

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