Supreme Court of Florida

State of Florida, Petitioner v. Daryl Miller, Respondent

September 28, 2017227 So. 3d 562

Summary

The Court held that possessing a Florida driver license previously revoked under the habitual traffic offender statute is a necessary element of the felony offense for driving while such license is revoked. Because a license that never existed cannot be revoked, a person who never possessed a Florida driver license cannot be convicted under that provision. CANADY, J., dissenting, would have dismissed the proceeding as moot because the State agreed not to continue prosecuting Miller under the challenged provision.