Willie Floyd is what state law calls a "habitual traffic offender." See § 322.264, Fla. Stat. (2014). When an officer pulled him over for going nearly double the speed limit, the officer discovered that Floyd's license had been suspended or revoked some fifteen times-and that it was still revoked. The State charged Floyd with violating section 322.34(5), which provides that "[a]ny person whose driver license has been revoked pursuant to [the habitual traffic offender statute] and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree." He was convicted and sentenced to 33.5 months in prison.
By its own terms, the statute applies only if a "driver license has been revoked,"
*938id. , and the Florida Supreme Court has confirmed that the statute does not apply to those who never had a license in the first place, State v. Miller , 227 So.3d 562, 565 (Fla. 2017) ("Having a driver license that has been revoked under the habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34(5) offense."). Floyd's sole argument on appeal is that he never had a "driver license" because he had only a "learner's permit." He argues concisely: "A learner's permit is not a driver's license." Init. Br. at 7. If Floyd were correct on this point, he would prevail under Miller . But he is not correct.
Although Floyd (and perhaps others) refer colloquially to a "learner's permit," the Florida Legislature chose to classify what Floyd held as a "learner's driver license." § 322.1615, Fla. Stat. Moreover, the Legislature defined "driver license" to mean "a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in 49 U.S.C. s. 30301." § 322.01(17), Fla. Stat.; see also 49 U.S.C. § 30301 (" '[M]otor vehicle operator's license' means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways."). A "learner's driver license" indeed authorizes a holder to drive a motor vehicle, albeit with certain restrictions. § 322.1615, Fla. Stat. (providing that "[a] person who holds a learner's driver license may operate a vehicle" subject to certain restrictions). The most notable restriction is that someone with a "learner's driver license" may drive only when a licensed driver over 21 is riding up front. Id. Floyd correctly notes that the license "does not allow someone to drive a car by themselves," Init. Br. at 7, but it does allow someone to drive a car. The statutory definition of "driver license" includes learner's licenses like the one Floyd once held.
AFFIRMED .
B.L. Thomas, C.J., and Wetherell, J., concur.