Florida Statute 322.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.01

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 it, as determined at a fixed scale operated by the state or as determined by use of a portable scale operated by a law enforcement officer.

(2) “Alcohol” means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(3) “Alcohol concentration” means:

(a) The number of grams of alcohol per 100 milliliters of blood;

(b) The number of grams of alcohol per 210 liters of breath; or

(4) “Authorized emergency vehicle” means a vehicle that is equipped with extraordinary audible and visual warning devices, that is authorized by s. 316.2397 to display red, red and white, or blue lights, and that is on call to respond to emergencies. The term includes, but is not limited to, ambulances, law enforcement vehicles, fire trucks, and other rescue vehicles. The term does not include wreckers, utility trucks, or other vehicles that are used only incidentally for emergency purposes.

(5) “Cancellation” means the act of declaring a driver license void and terminated but does not include a downgrade.

(6) “Color photographic driver license” means a color photograph of a completed driver license form meeting the requirements prescribed in s. 322.14.

(7) “Commercial driver license” means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter.

(8) “Commercial motor vehicle” means any motor vehicle or motor vehicle combination used on the streets or highways, which:

(a) Has a gross vehicle weight rating of 26,001 pounds or more;

(b) Is designed to transport more than 15 persons, including the driver; or

(c) Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.

A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported.

(9) “Controlled substance” means any substance classified as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R. part 1308, or chapter 893.

(10) “Convenience service” means any means whereby an individual conducts a transaction with the department other than in person.

(11)(a) “Conviction” means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions.

(b) Notwithstanding any other provisions of this chapter, the definition of “conviction” provided in 49 C.F.R. s. 383.5 applies to offenses committed in a commercial motor vehicle or by a person holding a commercial driver license.

(12) “Court” means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action.

(13) “Declared weight” means the maximum loaded weight declared for purposes of registration, pursuant to chapter 320.

(14) “Department” means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives.

(15) “Disqualification” means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle.

(16) “Downgrade” has the same meaning as the term “CDL downgrade” as defined in 49 C.F.R. s. 383.5(4).

(17) “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

(18) “Driver license” means 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.

(19) “Endorsement” means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.

(20) “Farmer” means a person who grows agricultural products, including aquacultural, horticultural, and forestry products, and, except as provided herein, employees of such persons. The term does not include employees whose primary purpose of employment is the operation of motor vehicles.

(21) “Farm tractor” means a motor vehicle that is:

(a) Operated principally on a farm, grove, or orchard in agricultural or horticultural pursuits and that is operated on the roads of this state only incidentally for transportation between the owner’s or operator’s headquarters and the farm, grove, or orchard or between one farm, grove, or orchard and another; or

(b) Designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(22) “Felony” means any offense under state or federal law that is punishable by death or by a term of imprisonment exceeding 1 year.

(23) “Foreign jurisdiction” means any jurisdiction other than a state of the United States.

(24) “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single, combination, or articulated vehicle.

(25) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. s. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.

(26) “Human trafficking” has the same meaning as provided in s. 787.06(2)(d).

(27) “Medical examiner’s certificate” means a document substantially in accordance with the requirements of 49 C.F.R. s. 391.43.

(28) “Motorcycle” means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped.

(29) “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in s. 316.003.

(30) “Motor vehicle combination” means a motor vehicle operated in conjunction with one or more other vehicles.

(31) “Narcotic drugs” means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them, and any and all derivatives of same, and any other drug to which the narcotics laws of the United States apply, and includes all drugs and derivatives thereof known as barbiturates.

(32) “Out-of-service order” means a prohibition issued by an authorized local, state, or Federal Government official which precludes a person from driving a commercial motor vehicle.

(33) “Owner” means the person who holds the legal title to a vehicle. However, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter.

(34) “Passenger vehicle” means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver.

(35) “Permit” means a document authorizing the temporary operation of a motor vehicle within this state subject to conditions established in this chapter.

(36) “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state.

(37) “Restriction” means a prohibition against operating certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle.

(38) “Revocation” means the termination of a licensee’s privilege to drive. The term does not include a downgrade.

(39) “School bus” means a motor vehicle that is designed to transport more than 15 persons, including the driver, and that is used to transport students to and from a public or private school or in connection with school activities, but does not include a bus operated by a common carrier in the urban transportation of school children. The term “school” includes all preelementary, elementary, secondary, and postsecondary schools.

(40) “State” means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia.

(41) “Street or highway” means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic.

(42) “Suspension” means the temporary withdrawal of a licensee’s privilege to drive a motor vehicle. The term does not include a downgrade.

(43) “Suspension or revocation equivalent status” is a designation for a person who does not have a driver license or driving privilege but would qualify for suspension or revocation of his or her driver license or driving privilege if licensed. The department may designate a person as having suspension or revocation equivalent status in the same manner as it is authorized to suspend or revoke a driver license or driving privilege by law.

(44) “Tank vehicle” means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle, if such tank has a designed capacity of 1,000 gallons or more.

(45) “United States” means the 50 states and the District of Columbia.

(46) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or electric bicycle.

(47) “Identification card” means a personal identification card issued by the department which conforms to the definition in 18 U.S.C. s. 1028(d).

(48) “Temporary driver license” or “temporary identification card” means a certificate issued by the department which, 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, or a personal identification card issued by the department which conforms to the definition in 18 U.S.C. s. 1028(d) and denotes that the holder is permitted to stay for a short duration of time, as specified on the temporary identification card, and is not a permanent resident of the United States.

(49) “Tri-vehicle” means an enclosed three-wheeled passenger vehicle that:

(a) Is designed to operate with three wheels in contact with the ground;

(b) Has a minimum unladen weight of 900 pounds;

(d) Is produced in a minimum quantity of 300 in any calendar year;

(e) Is capable of a speed greater than 60 miles per hour on level ground; and

(f) Is equipped with:

1. Seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, “Seating systems” (49 C.F.R. s. 571.207);

2. A steering wheel used to maneuver the vehicle;

3. A propulsion unit located forward or aft of the enclosed occupant compartment;

4. A seat belt for each vehicle occupant certified to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);

5. A windshield and an appropriate windshield wiper and washer system that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal Motor Vehicle Safety Standard No. 104, “Windshield Wiping and Washing Systems” (49 C.F.R. s. 571.104); and

6. A vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R. s. 571.216).

History.—s. 13, ch. 19551, 1939; CGL 1940 Supp. 4151(627); s. 13, ch. 20451, 1941; s. 1, ch. 29721, 1955; s. 1, ch. 61-457; s. 1, ch. 63-156; s. 1, ch. 65-496; s. 1, ch. 67-242; s. 1, ch. 67-304; s. 1, ch. 67-346; ss. 24, 35, ch. 69-106; s. 99, ch. 71-377; s. 5, ch. 76-286; s. 5, ch. 78-353; s. 1, ch. 78-394; s. 1, ch. 81-3; s. 1, ch. 81-188; s. 17, ch. 83-218; s. 8, ch. 85-81; s. 16, ch. 87-161; s. 3, ch. 89-282; s. 3, ch. 90-230; s. 70, ch. 94-306; s. 925, ch. 95-148; s. 11, ch. 95-247; s. 31, ch. 95-333; s. 8, ch. 96-247; s. 67, ch. 2005-164; s. 39, ch. 2006-290; s. 26, ch. 2008-176; s. 3, ch. 2008-179; s. 31, ch. 2010-223; ss. 4, 9, ch. 2011-7; HJR 7103, 2011 Regular Session; s. 7, ch. 2019-92; s. 8, ch. 2019-167; s. 12, ch. 2020-69; s. 10, ch. 2021-187; s. 2, ch. 2024-151.

F.S. 322.01 on Google Scholar

F.S. 322.01 on Casetext

Amendments to 322.01

Arrestable Offenses / Crimes under Fla. Stat. 322.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.01.

Annotations, Discussions, Cases:

Cases Citing Statute 322.01

Total Results: 20

STEVEN J. WOODBURY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-04T00:53:00-07:00

Snippet: or revocation equivalent status as defined in s. 322.01(41) [commits a crime.]" (emphasis added)).

In Re: Amendments to the Florida Rules of Traffic Court - Rule 6.040

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: various statutory definitions found in section 322.01, Florida Statutes (2019), including a definition

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 262 So. 3d 59

Snippet: actually operating the vehicle at the time. § 322.01(2), Fla. Stat. "Alcoholic beverages…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are

Willie Floyd v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-19T23:53:00-08:00

Snippet: ’s license as defined in 49 U.S.C. s. 30301.” § 322.01(17), Fla. Stat.; see also 49 U.S.C. § 30301 (“‘

John Eugene Williams, III v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: 322.34, Fla. Stat. (2016) (emphases added); see § 322.01(5), (17), (36), (40), Fla. Stat. (2016) (defining

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-04

Court: Fla. | Date Filed: 2017-11-29T23:53:00-08:00

Snippet: Definitions. Give if applicable. § 322.01(15), Fla. Stat. “Drive” means to operate…public for purposes of vehicular traffic. § 322.01(27), Fla. Stat. “Motor vehicle” means any …motorized wheelchair or motorized bicycle. § 322.01(39), Fla. Stat.; State v. Tucker, 761 So. 2d 1248… - 16 - Optional Definitions. § 322.01(40), Fla. Stat. “Suspended” means the privilege…vehicle has been temporarily withdrawn. § 322.01(36), Fla. Stat. “Revoked” means the privilege

State of Florida v. Daryl Miller

Court: Fla. | Date Filed: 2017-09-28T00:00:00-07:00

Citation: 227 So. 3d 562

Snippet: requirements of law, authorizes an individual to drive.” § 322.01(17), Fla. Stat. (2017). The plain language of

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

Court: Fla. | Date Filed: 2017-02-23T00:00:00-08:00

Citation: 211 So. 3d 995

Snippet: actually operating the vehicle at the time. § 322.01(2), Fla. Stat. “Alcoholic beverages” are considered…means diminished in some material respect. § 322.01(2), Fla. Stat. “Alcoholic beverages” are

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-02T00:00:00-07:00

Citation: 198 So. 3d 1151, 2016 Fla. App. LEXIS 13279, 2016 WL 4607547

Snippet: The term “driver’s license” is defined by section 322.01(17) as “a certificate that, subject to all other…footnote omitted) (citation omitted) (quoting § 322’01(17), Fla.' Stat. (2009), and Guilder…419 (Fla. 4th DCA 2005))); see also § 322.01(36) (defining the term “revocation” for the purposes… defined the term “driver’s license” in section 322.01(17) as a certificate authorizing a person to drive…meaning throughout chapter 322. See § 322.01 (stating that defined terms carry their specified

Medrano v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 199 So. 3d 413, 2016 Fla. App. LEXIS 12804, 2016 WL 4445937

Snippet: applicability to their respective chapters. See §§ 316.003, 322.01, Fla. Stat. (2013). When there is only one definition

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-06T00:53:00-07:00

Snippet: driver's license" is defined by section 322.01(17) as "a certificate that, subject to all…footnote omitted) (citation omitted) (quoting § 322.01(17), Fla. Stat. (2009), and Guilder v. State, 899… 2d 412, 419 (Fla. 4th DCA 2005))); see also § 322.01(36) (defining the term "revocation" for…term "driver's license" in section 322.01(17) as a certificate authorizing a person to drive…carry that meaning throughout chapter 322. See § 322.01 (stating that defined terms carry their specified

Dan Sowell, etc. v. Panama Commons L.P.

Court: Fla. | Date Filed: 2016-06-02T00:00:00-07:00

Citation: 192 So. 3d 27, 41 Fla. L. Weekly Supp. 249, 2016 WL 3090403, 2016 Fla. LEXIS 1149

Snippet: collector. See §§ 193.122(1)-(3); 197.322(1)-(2); 197.323(1), Fla. Stat. (2013). This usually

State v. Miller

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-01T00:00:00-07:00

Citation: 193 So. 3d 1001, 2016 Fla. App. LEXIS 8290, 2016 WL 3066474

Snippet: licensee’s privilege to drive.” . § .322.01(36), Fla. Stat. (2009) (emphasis supplied)., The

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

Court: Fla. | Date Filed: 2016-05-12T00:00:00-07:00

Citation: 192 So. 3d 1190, 2016 WL 2757011

Snippet: actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are considered…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are considered…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are considered…actually operating the vehicle at the time. § 322.01(2), Fla. Stat. Alcoholic beverages are considered…means diminished in some material respect. § 322.01(2), Fla. Stat. “Alcoholic beverages” are

State v. Charles Seward

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 188 So. 3d 927, 2016 WL 1385886, 2016 Fla. App. LEXIS 5430

Snippet: vehicle with a revoked driver’s license, section 322.01(27), Florida Statutes (2014), excluded motorized…the definition of “motor vehicle” under section 322.01(27) 2 applied only if the motorized … . "Motor vehicle” is defined in section 322.01(27) as: [A]ny self-propelled vehicle, including

Marshall Stranburg, in his official etc. v. Panama Commons L.P.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-07T00:00:00-07:00

Citation: 160 So. 3d 160

Snippet: collector. See §§ 193.122(1)-(3); 197.322(1)-(2); 197.323(1), Fla. Stat. (2013). This usually

Robert L. Christensen v. Mary Jo Bowen

Court: Fla. | Date Filed: 2014-04-10T00:00:00-07:00

Citation: 140 So. 3d 498, 39 Fla. L. Weekly Supp. 214, 2014 WL 1408557, 2014 Fla. LEXIS 1207

Snippet: owner for the purpose of this chapter. § 322.01(31), Fla. Stat. (2013). These statutory definitions…, contained identical language. §§ 316.003(26), 322.01(30), 324.021(9)(a), Fla. Stat. (2005).

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: bodily injury to (victim) ]. Definitions. § 322.01(27), Fla. Stat. “Motor vehicle” means any self-propelled…under the circumstances. Give as applicable. § 322.01 (j0), Fla. Stat. “Suspended” means the privilege…motor vehicle has been temporarily withdrawn. § 322.01(36), Fla. Stat. “Revoked” means the privilege …to drive a motor vehicle has been terminated. § 322.01(5), Fla. Stat. “Canceled” means that a driver’

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

Court: Fla. | Date Filed: 2013-11-21T00:00:00-08:00

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: general public for purposes of vehicular traffic. § 322.01(26)(27), Fla. Stat. “Motor vehicle” means any …to drive a motor vehicle has been terminated. § 322.01(5), Fla. Stat. “Canceled” means that a license…motorized wheelchairs or motorized bicycles. § 322.01(8), Fla. Stat. “Commercial motor vehicle” means…accordance with Title 49 C.F.R. part 172, subpart F. § 322.01(7), Fla. Stat. “Valid commercial driver’s license…to drive a motor vehicle has been terminated. § 322.01(5), Fla. Stat. “Canceled” means that a license

Angelotta v. Security National Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-05T00:00:00-07:00

Citation: 117 So. 3d 1214, 2013 WL 3357518, 2013 Fla. App. LEXIS 10754

Snippet: § 316.003(53)(a), Fla. Stat. (2007); see also § 322.01(38), Fla. Stat. (2007); Mattingly v. State, 41