Florida’s New “Isaiah’s Law” (HB 35): Why a “No Valid Driver’s License” Triggers 5 Year HTO Revocation

For years, many Florida motorists facing driving charges believed that receiving a citation or conviction for “No Valid Driver’s License” (NVDL) was a minor hurdle compared to a driving-while-suspended charge.

Judges and prosecutors also dropped driving while license charges to no valid driver’s license in an effort to help the driver avoid a five (5) year Habitual Traffic Offender (HTO) revocation. That option just vanished.

Under Florida House Bill 35, officially known as “Isaiah’s Law,” Florida has amended its Habitual Traffic Offender (HTO) statute. The law—named in honor of 18-year-old Isaiah Raposa, who tragically lost his life in a hit-and-run crash involving an unlicensed repeat driver—closes a long-standing loophole in Florida traffic law.

Effective July 1, 2026, Isaiah’s Law adds driving a motor vehicle without a valid license in violation of s. 322.03, F.S., to the list of offenses for which three or more convictions within five years, arising out of separate acts, requires the Department of Highway Safety and Motor Vehicles (DHSMV) to designate a person as a “habitual traffic offender” (HTO).

Once a person is designated as an HTO, he or she can be prosecuted for a third degree felony for thereafter driving a motor vehicle1 and the DHSMV must revoke his or her driver license for a period of five years. Section 322.27(5)(a), F.S.

A person designated as an HTO must wait 12 months from the date of his or her revocation before petitioning DHSMV for reinstatement of his or her driving privilege. S. 322.271(1)(b), F.S.

A person who does not have a driver license and who is designated as an HTO will not be eligible to apply for a restricted driver license during the five-year revocation period

If you have traffic citations on your record or are currently facing any criminal charge related to your driver’s license, this article explains how this change in the law might impact you.

What Does Isaiah’s Law Change?

The 2026 CS/HB 35 amended the definition of “habitual traffic offender” to add the offense of driving a motor vehicle without a valid license to the list of offenses for which a specified number of convictions within a five-year period requires the Department of Highway Safety and Motor Vehicles (DHSMV) to designate a person as a habitual traffic offender.

Under Florida Statute Section 322.264, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) designates a motorist as a Habitual Traffic Offender (HTO) if they accumulate three qualifying convictions within a five-year window. Historically, those three qualifying offenses included:

• Voluntary or involuntary manslaughter resulting from operating a motor vehicle

• Driving Under the Influence (DUI)

• Any felony in the commission of which a motor vehicle is used

• Driving While License Suspended, Revoked, or Canceled (DWLS)

• Failing to stop and remain at the scene of an accident involving death or personal injury

• Driving a commercial motor vehicle while disqualified

Now because of Isaiah’s Law, driving without a valid driver’s license is added to the list.

Previously, motorists with multiple “No Valid” charges could often avoid an HTO designation because the statute strictly named suspended or revoked licenses. Under HB 35, that option is no longer available.

Now even three (3) convictions for driving without a valid license within five years—or any combination of three qualifying offenses (such as one DUI, one DWLS, and one NVDL)—will trigger an automatic HTO revocation.

The Stakes: A 5-Year Revocation and Potential Felony Charges

An HTO designation isn’t just a point penalty. The HTO designation means your driver’s license is “revoked” for five full years. You are generally ineligible to apply for even a hardship license for the first 12 months.

If you get behind the wheel while designated as an HTO, you are no longer facing a simple traffic infraction or misdemeanor. Driving as a Habitual Traffic Offender is a third-degree felony in Florida, punishable by:

1. • Up to 5 years in state prison

   • Up to 5 years of probation

   • Fines up to $5,000

Many drivers assume that pleading to an NVDL charge in court is the fastest and cheapest way to put an encounter behind them. However, entering a plea to no valid might trigger a strike for purposes of the HTO revocation.

A driver who routinely puts off getting their physical license renewed, or who drives without a valid license, could find themselves one traffic stop away from a five-year loss of driving privileges.

Protect Your License Early

If you have been cited for driving without a valid driver’s license, driving on a suspended license, or any moving violation that could push you toward HTO status, do not simply enter a plea. An experienced Florida traffic defense attorney can review your driving transcript, work to keep convictions off your record, and help you regain a valid license safely.

Call the experienced criminal defense attorneys at Sammis Law Firm to discuss your case.

Call 813-250-0500.