Driving On a Business Purposes Only License In Florida
If a driver charged with a DUI and/or a violation of Florida’s Implied Consent Law (for a breath alcohol test result of .08 or more / refusal to submit to a test), demands a formal review hearing to challenge the administrative suspension of their privilege to drive, the Department of Highway and Safety Motor Vehicles will usually issue a temporary driving permit restricted to business purposes only.
The initial permit will be for 42-days, but should be extended until the formal review hearing is completed. While the hearing is pending, the permits issued by the Department will be a piece of paper with a red stamp. If the driver chooses to consent to the administrative suspension, and waive a formal review hearing to avoid the hard penalty of no driving (90 days for a first refusal; 30 days for a first breath alcohol test of .08 or more), the Department of Highway and Safety Motor Vehicles will usually issue a driving permit restricted to business purposes only. The license will be a plastic card with a “C” restriction printed on the front, indicating BPO.
If you were arrested for a violation of Florida statute section 316.193 (“Driving under the influence; penalties”) and need an experienced DUI defense attorney in St. Augustine, call Mydock Law at (904) 864-3002 for a free consultation.
WHAT IS A BUSINESS PURPOSES ONLY LICENSE IN FLORIDA
By statutory definition, a driving privilege restricted to “business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. See 322.271(1)(c).
A business purpose only license is limited to:
- any driving necessary to maintain livelihood
- driving to and from work
- necessary on-the-job driving
- driving for educational purposes
- driving for church purposes
- driving for medical purposes
See Florida Statutes, section 322.271 (“Authority to modify revocation, cancellation, or suspension order.”)
If you need an attorney to fight a breath alcohol test at the DMV in St. Johns County, Florida or surrounding areas contact Mydock Law at (904) 864-3002 for a free consultation.
DRIVING NECESSARY TO MAINTAIN LIVELIHOOD INCLUDES FAST FOOD
The catch all provision of section 322.271 (“necessary to maintain livelihood”) has some grey area that is often the subject to the discretion of the stopping officer. Contrary to what some deputies may believe, the law allows driving on a BPO license to get fast food. Examples include State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (Fla. 15th Cir. Ct., Sept. 12, 2002), and Allart v. State, 9 Fla. L. Weekly 499c (Fla. 20th Cir. Ct., June 6, 2002).
In State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (Fla. 15th Cir. Ct., Sept. 12, 2002), the Court was presented with an issue of statutory interpretation and construction. In that case the Defendant held a driving permit restricted to driving for “business purposes only.” Pursuant to Section 322.271(c)(l), Florida Statutes a driving privilege restricted to “business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on the job driving, driving for educational purposes, and driving for church and medical purposes. F.S. §322.271(c)(l) (2001). Driving for any other purpose other than as provided by the subject statute is not permitted by a person whose driving privilege has been restricted to business only purposes. See F.S.
§322.271(c)(2) (2001). In addition, a temporary driving permit restricted to business purposes shall not be used for pleasure, recreational, or nonessential driving. See F.S. §322.282(2)(b ).
In determining whether the act of purchasing food is authorized under the applicable statutes it becomes necessary for the Court to interpret the legislature’s use of the word “livelihood” within the statute. In attempting to interpret and construe a statute, the statutory language is the first consideration of statutory construction. Capers v. State, 678 So.2d 330 (Fla. 1996). Words used by the legislature are to be construed in their plain and ordinary sense. State v. C.H, 421 So.2d 62, 64 (Fla. 4th DCA 1982). In an effort to ascertain the plain and ordinary meaning which a legislature intended to ascribe to a term, the court may refer to a dictionary. L.B. v. State, 700 So.2d 370,372 (Fla. 1997). In addition, when interpreting statutes “courts will not ascribe to the Legislature an intent to create absurd or harsh consequences, and so an interpretation avoiding absurdity is always preferred.” State v. C.H., 421 So.2d 62, 64 (Fla. 4th DCA 1982), citing City of St. Petersburg v. Siebold, 48 So.2d 291, 294 (Fla. 1950). “Livelihood” is defined as a means of support or subsistence. Black’s Law Dictionary 934 ( 6th ed. 1990). “Support” is defined as that which furnishes a livelihood; a source or means of living; subsistence, sustenance, maintaining a living. Black’s Law Dictionary 1439 (6th ed. 1990). Support is considered to include anything requisite to housing, feeding, clothing, health, etc. See Id. (emphasis added).
From these definitions, the Court determined that the legislature intended the provisions of Section 322.217( 1 )( c ), Florida Statutes as limiting business purposes only driving to driving necessary to maintain livelihood, includes driving necessary to obtain food.
Accordingly the Defendant’s motion to dismiss was granted.
The Court in Quiroli noted that other circuits have held that as a matter of law a business purposes only restriction permits a driver to drive to shop for the basic necessities of life, such as food. See Allart v. State, 9 Fla. L. Weekly 499c (Fla. 20th Cir. Ct., June 6, 2002) (conviction for driving in violation of driver’s restriction overturned where evidence only showed that the defendant drove from his house to McDonald’s to get something to eat.).
DRIVING NECESSARY TO MAINTAIN LIVELIHOOD INCLUDES PAYING AN OVERDUE RESIDENTIAL ELECTRIC BILL
In Vilches v. State, 12 Fla. L. Weekly Supp. 530a (Fla. 11th Cir. Ct., March 29, 2005), the defendant’s driver’s license was restricted to “business purposes only.” The county court interpreted this restricted license as permitting driving for employment purposes only. However, the applicable statutory provision permits “any driving necessary to maintain a livelihood.” See §322.271(1)(c)l, Fla. Stat. (2003). The Defendant maintained that this language should be given a broad interpretation. The Defendant relied upon State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (Fla. 15th Cir. Ct. 2002) and Allart v. State, 9 Fla. L. Weekly Supp. 499c (Fla. 6th Cir. Ct. 2001). Both of these cases utilize the dictionary definition of the term “livelihood” as meaning “support and subsistence”. Each case thus interprets the term “livelihood” as used in §322.271(1)(c) to include such as activities requisite to the maintenance of housing, the obtaining of food and clothing, health care needs, or like subsistence concerns. Such an interpretation, Quiroli and Allart reason, would allow a person with a “business purposes only” license to drive for the basic necessities of life.
The Defendant argued that Quiroli is factually distinguishable and interprets the term “livelihood” as driving necessary to maintain means, i.e., income. The State relied upon cases dealing with other subject matter that define the term “livelihood” in this fashion. However, the State cited no authority for its interpretation of the statute at issue.
In looking to the legislative history of the statute, paragraph (c) was added to subsection (1) of§ 322.271, Fla. Stat. in 1986. This subsection defined a “business purposes” license. See Ch. 86.296 §7, p. 2227, Laws of Fla. As explained in the final bill analysis “[a] ‘business purposes’ license allows for employment driving plus driving necessary to maintain one’s livelihood, including driving for shopping, church and medical care.” See H.R. Comm. on Criminal Justice, Final Bill & Economic Impact Statement, HB 8-B (June 18, 1986). In essence, it appears that the legislature intended for a “business purposes only” licensee to be able to drive to and from work, in addition to any necessary on the job driving, as well as driving for educational purposes, essential shopping, church or medical purposes. See Britt v. State, 50 Fla. Supp. 2d 16, 17 (Fla. 9th Cir. Ct.1991 ). Both Quiroli and Britt point out that the impermissible purposes of the statute are pleasure, recreational, social or nonessential driving.
Given the expansive intent of the legislature in its use of the term “business purposes” as expressed in the legislative history of §322.271(1)(c)l, as well as the persuasive reasoning of Quiroli, Britt and Allart, we believe that the defendant’s driving of a motor vehicle to pay an overdue residential electric bill is within the scope of “maintaining a livelihood”. The term “livelihood” would include such driving where an immediate threat exists, as in this case, to discontinue the Defendant’s electricity. Therefore, we find that the lower court erred by denying the Defendant’s motions for judgment of acquittal. The lower court ruling was REVERSED AND REMANDED.
Attorney for Driving Under the Influence arrest in St. Augustine or St. Johns County
Attorney Travis Mydock is a Board-Certified Specialist in Criminal Trial Law by The Florida Bar. His practice is limited to DUI and criminal defense.
Mydock Law is a boutique criminal defense law firm located in St. Augustine, Florida. The firm frequently defends DUI cases in the Seventh Judicial Circuit: Flagler, Putnam, St. Johns, and Volusia counties; the Fourth Judicial Circuit: Clay and Duval counties; and the Eighth Judicial Circuit: Alachua, Bradford, and Baker counties.
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Revised March 26, 2024
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