Remove the Habitual Traffic Offender (HTO) Designation in Florida
Florida Law changed on July 1, 2026. If you have been designated as a Habitual Traffic Offender, you may still be able to remove the five (5) year revocation to save your driving privilege by filing a post-conviction motion to set aside one of your underlying “strikes.”
Previously, many drivers avoided HTO status because “No Valid Driver’s License” (NVDL) charges did not count as a “strike” toward the five-year revocation. That has changed. As of July 1, 2026, the Florida legislature approved “Isaiah’s Law” (CS/HB 35) which now includes NVDL convictions in the list of offenses that trigger an HTO designation.
This means that even if a prosecutor or judge reduced your charge to “No Valid License” in the past to help you avoid a strike, those pleas now count against you. Furthermore, under the new law, if you are designated as an HTO and never held a valid license, you are not eligible for a hardship license at any point during the five-year revocation.
How Do You Become a Habitual Traffic Offender?
Section 322.27(5), Florida Statutes states:
(5)(a) The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in s. 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.
(b) If a person whose driver license has been revoked under paragraph (a) as a result of a third violation of driving a motor vehicle while his or her license is suspended or revoked provides proof of compliance for an offense listed in s. 318.14(10)(a) 1.-5., the clerk of court shall submit an amended disposition to remove the habitual traffic offender designation.
§322.27(5), Fla. Stat.
Section 322.264, Florida Statutes, states:
A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of s. 316.193 (Driving under the influence or DUI), former s. 316.1931, or former s. 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked [which includes:
- Driving while license suspended or revoked (with knowledge);
- Driving while license suspended or revoked (without knowledge), a civil infraction, but only if you are adjudicated guilty];
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another (often called “hit and run”);
(f) Driving a commercial motor vehicle while his or her privilege is disqualified; or
(g) Driving a motor vehicle without a valid license in violation of s. 322.03 (effective on July 1, 2026).
§322.264, Fla. Stat.
Section 322.34, Florida Statutes, is titled “Driving while license suspended, revoked, canceled, or disqualified.” See §322.34, Fla. Stat. Section 322.34, Florida Statutes, includes penalties for both unknowingly and knowingly driving while one’s license is suspended, revoked, canceled, or disqualified. See §322.34, Fla. Stat.
Can You Erase or Set Aside a Strike that Caused the HTO Revocation?
Yes, you may qualify to have one of the underlying convictions “set aside” if the conviction occurred within two years of when you file the motion. If the court agrees, then the underlying conviction is removed from your driving record which also removes the HTO revocation that relied on that conviction.
The attorneys at Sammis Law Firm are experienced in filing post-conviction motions to vacate or set aside one of the underlying convictions. That way, we can help our clients remove the HTO designation from their driving record.
If a judge signs an order to vacate one of the three “strikes,” the Florida DHSMV will typically lift the HTO revocation, and your license can become valid again within days. This is often the only way to avoid the mandatory five-year wait and the high insurance costs associated with an HTO status.
Contact Sammis Law Firm
We help drivers throughout Florida, including Hillsborough, Hernando, Pasco, Pinellas, Polk and Orange Counties, navigate these new legislative hurdles. Don’t wait until your one-year hardship window expires—especially since the new law makes many drivers ineligible for hardship licenses entirely.
Contact us today to discuss your driving record.
Call at 813-250-0500.