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Florida Statute 320.38 - Full Text and Legal Analysis
Florida Statute 320.38 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 320.38 Case Law from Google Scholar Google Search for Amendments to 320.38

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 320
MOTOR VEHICLE LICENSES
View Entire Chapter
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 CourtListener

Amendments to 320.38


Annotations, Discussions, Cases:

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
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

Cases Citing Statute 320.38

Total Results: 6

State Farm Mutual Automobile Insurance v. Duckworth

648 F.3d 1216, 2011 U.S. App. LEXIS 16808, 2011 WL 3505267

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2011 | Docket: 107036

Cited 8 times | Published

conclusion jibes with the thrust of Fla. Stat. § 320.38, which requires that any individual who accepts

Epperson v. Dixie Ins. Co.

461 So. 2d 172

District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1514598

Cited 5 times | Published

alternatively, that Epperson was required by section 320.38(1),[2] to register and license his pickup truck

Progressive Specialty Insurance Company v. Florida Hospital Ocala, Inc. D/B/A Adventhealth Ocala A/A/O Sandra Thomas

District Court of Appeal of Florida | Filed: Oct 14, 2024 | Docket: 69257779

Published

exemption and must register any car used in Florida. § 320.38, Fla. Stat. (2019). If the nonresident’s Florida

State Farm Mutual v. Anna N. Duckworth

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2011 | Docket: 2905999

Published

conclusion jibes with the thrust of Fla. Stat. § 320.38, which requires that any individual who accepts

State Farm Mutual v. Anna N. Duckworth

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2011 | Docket: 256119

Published

conclusion jibes with the thrust of Fla. Stat. § 320.38, which requires that any individual who accepts

Albritton v. Hoyt

11 So. 2d 474, 152 Fla. 332, 1943 Fla. LEXIS 906

Supreme Court of Florida | Filed: Jan 29, 1943 | Docket: 3270295

Published

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