Florida Statutes
Fla. Stat. § 320.38 (2025)
When nonresident exemption not allowed.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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320.38 When nonresident exemption not allowed.—The provisions of s. 320.37 authorizing the operation of motor vehicles over the roads of this state by nonresidents of this state when such vehicles are duly registered or licensed under the laws of some other state or foreign country do not apply to any nonresident who accepts employment or engages in any trade, profession, or occupation in this state, except a nonresident migrant or seasonal farm worker as defined in s. 316.003. In every case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003, accepts employment or engages in any trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 10 days after the commencement of such employment or education, register his or her motor vehicles in this state if such motor vehicles are proposed to be operated on the roads of this state. Any person who is enrolled as a student in a college or university and who is a nonresident but who is in this state for a period of up to 6 months engaged in a work-study program for which academic credits are earned from a college whose credits or degrees are accepted for credit by at least three accredited institutions of higher learning, as defined in s. 1005.02, is not required to have a Florida registration for the duration of the work-study program if the person’s vehicle is properly registered in another jurisdiction. Any nonresident who is enrolled as a full-time student in such institution of higher learning is also exempt for the duration of such enrollment.
History.—s. 6, ch. 7275, 1917; s. 1, ch. 7737, 1918; RGS 1011; s. 5, ch. 8410, 1921; s. 3, ch. 10182, 1925; CGL 1285; s. 3, ch. 15625, 1931; s. 3, ch. 16085, 1933; s. 1, ch. 19252, 1939; s. 1, ch. 69-153; s. 1, ch. 69-156; s. 2, ch. 82-112; s. 51, ch. 83-318; s. 28, ch. 91-221; s. 363, ch. 95-148; s. 6, ch. 97-218; s. 966, ch. 2002-387; s. 5, ch. 2006-81; s. 75, ch. 2016-239.
Arrestable Offenses under F.S. 320.38
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§320.38PUBLIC ORDER CRIMESVIOL NONRESIDENT EXEMPTION FROM REGIS
Civil Citations under F.S. 320.38
Driver's license points · R = revocation · S = suspension§320.38NONRESIDENT TAG EXEMPTION not allowed.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1943–2024 · leading case: State Farm Mut. Auto. Ins. v. Duckworth, 648 F.3d 1216 (11th Cir. 2011).
State Farm Mut. Auto. Ins. v. Duckworth, 648 F.3d 1216 (11th Cir. 2011). “15 15 That conclusion jibes with the thrust of Fla. Stat. § 320.38 , which requires that any individual who accepts employment in Florida register his vehicles with the State motor vehicles department within ten days of beginning work.”
Epperson v. Dixie Ins. Co., 461 So. 2d 172 (Fla. 1st DCA 1984). “39, Florida Statutes (1981), [4] which authorizes reciprocal agreements for nonresident exemption from the provisions of section 320.38. Epperson appended to his reply brief a copy of a purported motor vehicle reciprocity agreement entered into by the state of Florida and the…”
Chuze v. State, 330 So. 2d 166 (Fla. 4th DCA 1976). “In the course of conducting this routine check, Officer Jessel discovered that appellant had been living and working in Florida for three months, but was still using his Pennsylvania driver's license and license tag, in violation of Fla. Stat. §§ 320.38 and 322.031 (1973), and…”
Adams v. Comm'r, 46 T.C. 352 (Tax Ct. 1966). “The effect of a presumption is unclear, and a leading authority on evidence notes that there are eight different views of its effect.”
Progressive Specialty Ins. Co. v. Florida Hosp. Ocala, Inc. D/B/A Adventhealth Ocala A/A/O Sandra Thomas (Fla. 6th DCA 2024). “§ 320.38, Fla. Stat. (2019). If the nonresident’s Florida work is temporary, only temporary registration is required, for up to 180 days.”
Albritton v. Hoyt, 11 So. 2d 474 (Fla. 1943). “Section 320.38 requires a non resident operator to procure a Florida license also when he accepts employment in Florida.”
State Farm Mut. v. Anna N. Duckworth (11th Cir. 2011). “15 15 That conclusion jibes with the thrust of Fla. Stat. § 320.38 , which requires that any individual who accepts employment in Florida register his vehicles with the State motor vehicles department within ten days of beginning work.”
State Farm Mut. v. Anna N. Duckworth (11th Cir. 2011). “15 15 That conclusion jibes with the thrust of Fla. Stat. § 320.38 , which requires that any individual who accepts employment in Florida register his vehicles with the State motor vehicles department within ten days of beginning work.”
— 320.38(1) — 1 case
Epperson v. Dixie Ins. Co., 461 So. 2d 172 (Fla. 1st DCA 1984). “39, Florida Statutes (1981), [4] which authorizes reciprocal agreements for nonresident exemption from the provisions of section 320.38. Epperson appended to his reply brief a copy of a purported motor vehicle reciprocity agreement entered into by the state of Florida and the…”
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