Florida Statutes Title XXIII Chapter 322 - Driver Licenses

• 322.01 - Definitions.
  As used in this chapter:(1) “Actual weight” means the weight of a motor vehicle or motor vehicle combination plus the weight of the load carried on...
• 322.02 - Legislative Intent; Administration.
  (1) The Legislature finds that over the past several years the department and individual county tax collectors have entered into contracts for the delivery of full...
• 322.025 - Driver Improvement.
  The department may implement programs to improve the driving ability of the drivers of this state. Such programs may include, but shall not be limited...
• 322.0255 - Florida Motorcycle Safety Education Program.
  (1) The department shall establish a Florida Motorcycle Safety Education Program. The program shall be funded as provided by ss. 320.08 and 322.025.(2) The department shall establish...
• 322.0261 - Driver Improvement Course; Requirement To Maintain Driving Privileges; Failure To Complete; Department Approval Of Course.
  (1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following:(a) A crash involving death or a bodily...
• 322.03 - Drivers Must Be Licensed; Penalties.
  (1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has...
• 322.031 - Nonresident; When License Required.
  (1) In each case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003(61), accepts employment or engages in...
• 322.032 - Digital Proof Of Driver License.
  (1) The department shall begin to review and prepare for the development of a secure and uniform system for issuing an optional digital proof of driver...
• 322.04 - Persons Exempt From Obtaining Driver License.
  (1) The following persons are exempt from obtaining a driver license:(a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or...
• 322.05 - Persons Not To Be Licensed.
  The department may not issue a license:(1) To a person who is under the age of 16 years, except that the department may issue a learner’s...
• 322.051 - Identification Cards.
  (1) Any person who is 5 years of age or older, or any person who has a disability, regardless of age, who applies for a disabled...
• 322.0515 - Department To Forward Certain Information To Federal Selective Service System; Notification To Applicant For Certain License; Application Statement Required.
  (1) The department shall:(a) Require any male United States citizen or immigrant who is at least 18 years of age but less than 26 years of age...
• 322.055 - Revocation Or Suspension Of, Or Delay Of Eligibility For, Driver License For Persons 18 Years Of Age Or Older Convicted Of Certain Drug Offenses.
  (1) Notwithstanding s. 322.28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to...
• 322.056 - Mandatory Revocation Or Suspension Of, Or Delay Of Eligibility For, Driver License For Persons Under Age 18 Found Guilty Of Certain Alcohol, Drug, Or Tobacco Offenses; Prohibition.
  (1) Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of s....
• 322.057 - Discretionary Revocation Or Suspension Of Driver License For Certain Persons Who Provide Alcohol To Persons Under 21 Years Of Age.
  (1) Notwithstanding s. 322.28, the court may order the department to withhold the issuance of, or suspend or revoke, the driver license of a person who...
• 322.058 - Suspension Of Driving Privilege Due To Support Delinquency; Reinstatement.
  (1) When the department receives notice from the Title IV-D agency or depository or the clerk of the court that any person licensed to operate a...
• 322.059 - Mandatory Surrender Of Suspended Driver License And Registration.
  A person whose driver license or registration has been suspended as provided in s. 322.058 must immediately return his or her driver license and registration...
• 322.0602 - Youthful Drunk Driver Visitation Program.
  (1) SHORT TITLE.—This section may be cited as the “Youthful Drunk Driver Visitation Program Act.”(2) COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR PARTICIPATION.—(a) If a person is convicted of...
• 322.065 - Driver License Expired For 6 Months Or Less; Penalties.
  A person whose driver license has been expired for 6 months or less and who drives a motor vehicle upon the highways of this state...
• 322.07 - Instruction Permits And Temporary Licenses.
  (1) Any person who is at least 18 years of age and who, except for his or her lack of instruction in operating a motor vehicle,...
• 322.08 - Application For License; Requirements For License And Identification Card Forms.
  (1) Each application for a driver license shall be made in a format designated by the department and sworn to or affirmed by the applicant as...
• 322.081 - Requests To Establish Voluntary Checkoff On Driver License Application.
  (1) An organization that seeks authorization to establish a voluntary contribution on a driver license application must submit to the department:(a) A request for the particular voluntary...
• 322.09 - Application Of Minors; Responsibility For Negligence Or Misconduct Of Minor.
  (1)(a) The application of any person under the age of 18 years for a driver license must be signed and verified before a person authorized to...
• 322.091 - Attendance Requirements.
  (1) ELIGIBILITY REQUIREMENTS FOR DRIVING PRIVILEGES.—A minor is not eligible for driving privileges unless that minor:(a) Is enrolled in a public school, nonpublic school, or home education...
• 322.095 - Traffic Law And Substance Abuse Education Program For Driver License Applicants.
  (1) Each applicant for a driver license must complete a traffic law and substance abuse education course, unless the applicant has been licensed in another jurisdiction...
• 322.10 - Release From Liability.
  Any person who has signed the application of a minor for a driver license may thereafter file with the department a verified written request that...
• 322.11 - Revocation Of License Upon Death Of Person Signing Minor’s Application.
  The department, upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license, shall, 90...
• 322.12 - Examination Of Applicants.
  (1) It is the intent of the Legislature that every applicant for an original driver license in this state be required to pass an examination pursuant...
• 322.121 - Periodic Reexamination Of All Drivers.
  (1) It is the intent of the Legislature that all licensed drivers in Florida be reexamined upon renewal of their licenses. Because only a small percentage...
• 322.125 - Medical Advisory Board.
  (1) There shall be a Medical Advisory Board composed of not fewer than 12 or more than 25 members, at least one of whom must be...
• 322.126 - Report Of Disability To Department; Content; Use.
  (1) For the purpose of the reports authorized by this section, the Department of Highway Safety and Motor Vehicles, assisted by the Medical Advisory Board, shall:(a) Define...
• 322.13 - Driver License Examiners.
  (1)(a) The department shall designate persons to serve as driver license examiners who, upon accepting such designation, shall conduct examinations hereunder, perform other assigned duties, and...
• 322.135 - Driver License Agents.
  (1) The department shall, upon application, authorize by interagency agreement any or all of the tax collectors who are constitutional officers under s. 1(d), Art. VIII...
• 322.14 - Licenses Issued To Drivers.
  (1)(a) The department shall, upon successful completion of all required examinations and payment of the required fee, issue to every qualified applicant a driver license that...
• 322.141 - Color Or Markings Of Certain Licenses Or Identification Cards.
  (1) All licenses originally issued or reissued by the department to persons under the age of 21 years for the operation of motor vehicles shall have...
• 322.1415 - Specialty Driver License And Identification Card Program.
  (1) The department may issue to any applicant qualified pursuant to s. 322.14 a specialty driver license or identification card upon payment of the appropriate fee...
• 322.142 - Color Photographic Or Digital Imaged Licenses.
  (1) The department shall, upon receipt of the required fee, issue to each qualified applicant for a driver license a color photographic or digital imaged driver...
• 322.143 - Use Of A Driver License Or Identification Card.
  (1) As used in this section, the term:(a) “Personal information” means an individual’s name, address, date of birth, driver license number, or identification card number.(b) “Private entity” means...
• 322.15 - License To Be Carried And Exhibited On Demand; Fingerprint To Be Imprinted Upon A Citation.
  (1) Every licensee shall have his or her driver license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced,...
• 322.16 - License Restrictions.
  (1)(a) The department, upon issuing a driver license, may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type...
• 322.161 - High-risk Drivers; Restricted Licenses.
  (1)(a) Notwithstanding any provision of law to the contrary, the department shall restrict the driving privilege of any Class E licensee who is age 15 through...
• 322.1615 - Learner’s Driver License.
  (1) The department may issue a learner’s driver license to a person who is at least 15 years of age and who:(a) Has passed the written examination...
• 322.17 - Replacement Licenses And Permits.
  (1)(a) In the event that an instruction permit or driver license issued under the provisions of this chapter is lost or destroyed, the person to whom...
• 322.18 - Original Applications, Licenses, And Renewals; Expiration Of Licenses; Delinquent Licenses.
  (1)(a) Except as provided in paragraph (b), the department may issue an original driver license only after the applicant successfully passes the required examinations and presents...
• 322.19 - Change Of Address Or Name.
  (1) Whenever any person, after applying for or receiving a driver license, changes his or her legal name, that person must within 10 days thereafter obtain...
• 322.20 - Records Of The Department; Fees; Destruction Of Records.
  (1) The department shall maintain a record of every application for license received by it. The possession of such an application form, whether filled out or...
• 322.201 - Records As Evidence.
  A copy, computer copy, or transcript of all abstracts of crash reports and all abstracts of court records of convictions received by the department and...
• 322.202 - Admission Of Evidence Obtained From The Division Of Motorist Services.
  (1) The Legislature finds that the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is not a law enforcement agency. The...
• 322.21 - License Fees; Procedure For Handling And Collecting Fees.
  (1) Except as otherwise provided herein, the fee for:(a) An original or renewal commercial driver license is $75, which shall include the fee for driver education provided...
• 322.212 - Unauthorized Possession Of, And Other Unlawful Acts In Relation To, Driver License Or Identification Card.
  (1) It is unlawful for any person to:(a) Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued...
• 322.22 - Authority Of Department To Cancel Or Refuse To Issue Or Renew License.
  (1) The department may cancel or withhold issuance or renewal of any driver license, upon determining that the licensee was not entitled to the issuance thereof,...
• 322.221 - Department May Require Reexamination.
  (1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, at any time upon...
• 322.222 - Right To Review.
  A driver may request an administrative hearing to review a revocation under s. 322.221(3). The hearing must be held in accordance with the department’s administrative...
• 322.23 - Suspending Privileges Of Nonresidents And Reporting Convictions.
  (1) The privilege of driving a motor vehicle on the highways of this state, given to a nonresident, shall be subject to suspension or revocation by...
• 322.24 - Suspending Resident’s License Upon Conviction In Another State.
  The department is authorized to suspend or revoke the license of any resident of the state, upon receiving notice of the conviction of such person...
• 322.245 - Suspension Of License Upon Failure Of Person Charged With Specified Offense Under Chapter 316, Chapter 320, Or This Chapter To Comply With Directives Ordered By Traffic Court Or Upon Failure To Pay Child Support In Non-iv-d Cases As Provided In Chapter 61 Or Failure To Pay Any Financial Obligation In Any Other Criminal Case.
  (1) If a person charged with a violation of any of the criminal offenses enumerated in s. 318.17 or with the commission of any offense constituting...
• 322.25 - When Court To Forward License To Department And Report Convictions.
  (1) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver license of such person by the...
• 322.2505 - Court To Forward License Of Person Adjudicated Incapacitated To Department.
  Whenever a person is adjudicated to be mentally or physically incapacitated pursuant to s. 744.331, the court shall require such person to surrender to it...
• 322.251 - Notice Of Cancellation, Suspension, Revocation, Or Disqualification Of License.
  (1) All orders of cancellation, suspension, revocation, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss. 627.732-627.734 shall be given...
• 322.26 - Mandatory Revocation Of License By Department.
  The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person’s conviction of any of the...
• 322.2615 - Suspension Of License; Right To Review.
  (1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in...
• 322.26151 - Review Of Materials Submitted By Law Enforcement Officer.
  The Department of Highway Safety and Motor Vehicles shall review the materials submitted by the law enforcement officer to determine whether the materials comply with...
• 322.2616 - Suspension Of License; Persons Under 21 Years Of Age; Right To Review.
  (1)(a) Notwithstanding s. 316.193, it is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher...
• 322.263 - Legislative Intent.
  It is declared to be the legislative intent to:(1) Provide maximum safety for all persons who travel or otherwise use the public highways of the state.(2) Deny...
• 322.264 - “habitual Traffic Offender” Defined.
  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...
• 322.27 - Authority Of Department To Suspend Or Revoke Driver License Or Identification Card.
  (1) Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon...
• 322.271 - Authority To Modify Revocation, Cancellation, Or Suspension Order.
  (1)(a) Upon the suspension, cancellation, or revocation of the driver license of any person as authorized or required in this chapter, except a person whose license...
• 322.2715 - Ignition Interlock Device.
  (1) Before issuing a permanent or restricted driver license under this chapter, the department shall require the placement of a department-approved ignition interlock device for any...
• 322.272 - Supersedeas.
  The filing of a petition for certiorari to the circuit court does not itself stay the enforcement of the suspension, revocation, or cancellation of license....
• 322.273 - Penalty.
  The penalty for violation of the terms or conditions of a license so restricted by the department shall be the same as the penalty for...
• 322.274 - Automatic Revocation Of Driver License.
  (1) The driver license of any person convicted hereunder of theft of any motor vehicle or parts or components of a motor vehicle shall be revoked....
• 322.276 - Out-of-state Sanctions; Issuance Of License.
  The department may, in its discretion, issue a driver license, with any required restrictions, if the applicant’s driving privilege or driver license is suspended or...
• 322.28 - Period Of Suspension Or Revocation.
  (1) Unless otherwise provided by this section, the department shall not suspend a license for a period of more than 1 year and, upon revoking a...
• 322.282 - Procedure When Court Revokes Or Suspends License Or Driving Privilege And Orders Reinstatement.
  When a court suspends or revokes a person’s license or driving privilege and, in its discretion, orders reinstatement:(1) The court shall pick up all revoked or...
• 322.283 - Commencement Of Period Of Suspension Or Revocation For Incarcerated Offenders.
  (1) When the court in a criminal traffic case orders the defendant to serve a term of incarceration or imprisonment and also suspends or revokes the...
• 322.29 - Surrender And Return Of License.
  (1) The department, upon suspending or revoking a license, shall require that such license be surrendered to the department. At the end of the period of...
• 322.291 - Driver Improvement Schools Or Dui Programs; Required In Certain Suspension And Revocation Cases.
  Except as provided in s. 322.03(2), any person:(1) Whose driving privilege has been revoked:(a) Upon conviction for:1. Driving, or being in actual physical control of, any vehicle while...
• 322.292 - Dui Programs Supervision; Powers And Duties Of The Department.
  (1) The Department of Highway Safety and Motor Vehicles shall license and regulate all DUI programs, which regulation shall include the certification of instructors, evaluators, clinical...
• 322.293 - Dui Programs; Assessment; Disposition.
  (1) The DUI programs shall be administered by the department, and the costs of administration shall be borne by the collections of revenue provided in this...
• 322.30 - No Operation Under Foreign License During Suspension, Revocation, Or Disqualification In This State.
  (1) Any resident or nonresident whose driver license or right or privilege to operate a motor vehicle in this state has been suspended, revoked, or disqualified...
• 322.31 - Right Of Review.
  The final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked,...
• 322.32 - Unlawful Use Of License.
  It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:(1) To display, cause or permit to...
• 322.33 - Making False Affidavit Perjury.
  Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter,...
• 322.34 - Driving While License Suspended, Revoked, Canceled, Or Disqualified.
  (1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender”...
• 322.341 - Driving While License Permanently Revoked.
  Any person whose driver license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 and who drives a motor vehicle...
• 322.35 - Permitting Unauthorized Minor To Drive.
  No person shall cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon...
• 322.36 - Permitting Unauthorized Operator To Drive.
  A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to...
• 322.37 - Employing Unlicensed Driver.
  No person shall employ as a driver of a motor vehicle any person not then licensed to operate such vehicle as provided in this chapter....
• 322.38 - Renting Motor Vehicle To Another.
  (1) No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed, or if a nonresident he or...
• 322.39 - Penalties.
  (1) It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by...
• 322.391 - Failure Of Person Charged With Misdemeanor Under This Chapter To Comply With Court-ordered Directives; Suspension Of License.
  A person charged with the commission of a misdemeanor under this chapter who fails to comply with all of the directives of the court is...
• 322.41 - Local Issuance Of Driver Licenses Prohibited.
  Any person issued a driver license by the department may exercise the privilege thereby granted upon all streets and highways in this state and shall...
• 322.42 - Construction Of Chapter.
  This chapter shall be liberally construed to the end that the greatest force and effect may be given to its provisions for the promotion of...
• 322.43 - Short Title.
  Sections 322.43-322.48 shall be known as the “Florida Driver License Compact Act.”History.—s. 1, ch. 67-176.
• 322.44 - Driver License Compact.
  The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:ARTICLE...
• 322.45 - Department Of Highway Safety And Motor Vehicles; Duty.
  As used in ss. 322.44 and 322.50, the term “licensing authority,” with reference to this state, means the Department of Highway Safety and Motor Vehicles....
• 322.46 - Compact Administrator.
  The compact administrator provided for in Article VII of s. 322.44 and Article VI of s. 322.50 shall not be entitled to any additional compensation...
• 322.47 - Executive Head Defined.
  As used in ss. 322.44 and 322.50, with reference to this state, the term “executive head” means the Governor.History.—s. 5, ch. 67-176; s. 4, ch.
• 322.48 - Review Of Employee’s Acts.
  Any act or omission of any official or employee of this state done or omitted pursuant to, or in enforcing, the provisions of s. 322.44...
• 322.49 - Short Title.
  Sections 322.45-322.50 shall be known as the “Florida Nonresident Violator Compact Act of 1977.”History.—s. 2, ch. 77-373; s. 1, ch. 81-46.
• 322.50 - Nonresident Violator Compact.
  The Nonresident Violator Compact, hereinafter called “the compact,” is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the...
• 322.51 - Short Title.
  This act may be cited as the “Uniform Classified Commercial Driver License Act.”History.—s. 1, ch. 89-282.
• 322.52 - Conflict With Other Laws.
  This act is a remedial law and should be liberally construed to promote the public health, safety, and welfare. To the extent that this act...
• 322.53 - License Required; Exemptions.
  (1) Except as provided in subsection (2), every person who drives a commercial motor vehicle in this state is required to possess a valid commercial driver...
• 322.54 - Classification.
  (1) Except as provided in s. 322.53, effective April 1, 1992, a person may not drive any motor vehicle not authorized by the classification of his...
• 322.56 - Contracts For Administration Of Driver License Examination.
  (1) The department may, by contract, interagency agreement, or interlocal agreement, authorize a person, an entity of the state government, a subdivision of state government, a...
• 322.57 - Tests Of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.
  (1) In addition to fulfilling any other driver licensing requirements of this chapter, a person who:(a) Drives a double or triple trailer must successfully complete a test...
• 322.59 - Possession Of Medical Examiner’s Certificate.
  (1) The department may not issue a commercial driver license to a person who is required by the laws of this state or by federal law...
• 322.61 - Disqualification From Operating A Commercial Motor Vehicle.
  (1) A person who, for offenses occurring within a 3-year period, is convicted of two of the following serious traffic violations or any combination thereof, arising...
• 322.62 - Driving Under The Influence; Commercial Motor Vehicle Operators.
  (1) A person who has any alcohol in his or her body may not drive or be in actual physical control of a commercial motor vehicle...
• 322.63 - Alcohol Or Drug Testing; Commercial Motor Vehicle Operators.
  (1) A person who accepts the privilege extended by the laws of this state of operating a commercial motor vehicle within this state shall, by so...
• 322.64 - Holder Of Commercial Driver License; Persons Operating A Commercial Motor Vehicle; Driving With Unlawful Blood-alcohol Level; Refusal To Submit To Breath, Urine, Or Blood Test.
  (1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, disqualify from operating any commercial motor vehicle a person who while operating...
• 322.65 - Driver License Record Exchange.
  The department shall enter into agreements for the exchange of driver license records with other jurisdictions and with clearinghouses established for such purposes, such as...
• 322.66 - Vehicles Permitted To Be Driven During Driving Skills Tests.
  A person who does not possess a valid driver license may drive a noncommercial or commercial motor vehicle during a driving skills test conducted in...
• 322.70 - Transactions By Electronic Or Telephonic Means.
  The department is authorized to accept any application provided for under this chapter by electronic or telephonic means.History.—s. 23, ch. 97-300.

Last modified: September 23, 2016