Florida Statute 320.38 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

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F.S. 320.38

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.

F.S. 320.38 on Google Scholar

F.S. 320.38 on Casetext

Amendments to 320.38

Arrestable Offenses / Crimes under Fla. Stat. 320.38

Level: Degree
Misdemeanor/Felony: First/Second/Third

S320.38 - PUBLIC ORDER CRIMES - VIOL NONRESIDENT EXEMPTION FROM REGIS - M: S

Civil Citations / Citable Offenses under S320.38

R or S next to points is Mandatory Revocation or Suspension

S320.38 NONRESIDENT TAG EXEMPTION not allowed. (Florida tag required within 10 days if employed in Florida/enters children in public schools) - Migrant farm workers/seasonal farm workers/some students exempt. - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 320.38

Total Results: 7

D.M.T. v. T.M.H.

Court: Fla. | Date Filed: 2013-11-07T00:00:00-08:00

Citation: 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Snippet: Perry, Polston, Quince 7 November 2013 129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 Fla. LEXIS 2422,

Jiminez v. Faccone

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-10T00:00:00-07:00

Citation: 98 So. 3d 621

Snippet: register that vehicle. See §§ 320.02(1), 320.37, 320.38. Thus, Ms. Jiminez met the first requirement of

Maldonado v. Allstate Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-29T00:53:00-07:00

Citation: 789 So. 2d 464

Snippet: must register a car in Florida. See §§ 320.37, 320.38, Fla. Stat. (1993). *470 In this context, the legislature

Epperson v. Dixie Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-12-09T23:53:00-08:00

Citation: 461 So. 2d 172

Snippet: alternatively, that Epperson was required by section 320.38(1),[2] to register and license his pickup truck…nonresident exemption from the provisions of section 320.38. Epperson appended to his reply brief a copy of…the pickup truck in Florida pursuant to section 320.38. Therefore, Epperson was not called upon to respond…quot; § 627.730, Fla. Stat. (1981). [2] Section 320.38(1), Florida Statutes (1981), reads as follows:

Poe & Associates, Inc. v. Emberton

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-21T00:53:00-07:00

Citation: 438 So. 2d 1082

Snippet: , honest and open dealing (see Anns. 19 A.L.R. 320; 38 A.L.R. 90; 48 A.L.R. 479; 56 A.L.R. 207; 62 A.L.R

Chuze v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-01T23:53:00-08:00

Citation: 330 So. 2d 166

Snippet: and license tag, in violation of Fla. Stat. §§ 320.38 and 322.031 (1973), and further, that appellant

Albritton v. Hoyt

Court: Fla. | Date Filed: 1943-01-29T00:00:00-07:00

Citation: 11 So. 2d 474, 152 Fla. 332

Snippet: without having the proper license plate. Section 320.38 requires a non resident operator to procure a Florida